Bill Text: NJ A3313 | 2018-2019 | Regular Session | Introduced


Bill Title: Provides for immediate issuance of marriage and civil union licenses; provides for 72 hour waiting period prior to the ceremony.

Spectrum: Moderate Partisan Bill (Democrat 7-2)

Status: (Engrossed) 2018-05-31 - Received in the Senate, Referred to Senate Judiciary Committee [A3313 Detail]

Download: New_Jersey-2018-A3313-Introduced.html

ASSEMBLY, No. 3313

STATE OF NEW JERSEY

218th LEGISLATURE

 

INTRODUCED FEBRUARY 12, 2018

 


 

Sponsored by:

Assemblywoman  CAROL A. MURPHY

District 7 (Burlington)

Assemblyman  JOHN ARMATO

District 2 (Atlantic)

 

 

 

 

SYNOPSIS

     Provides for immediate issuance of marriage and civil union licenses; provides for 72 hour waiting period prior to the ceremony.

 

CURRENT VERSION OF TEXT

     As introduced.

  


An Act concerning marriage and civil union licenses, and amending R.S.37:1-4.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.    R.S.37:1-4 is amended to read as follows:

     37:1-4.     Issuance of marriage or civil union license, [emergencies,] emergencies, validity.

     [Except as provided in R.S.37:1-6, the] The marriage or civil union license shall [not] be issued by a licensing officer [sooner than 72 hours after] immediately upon the filing of the application [therefor has been made; provided, however, that the Superior Court may, by order, waive all or any part of said 72-hour period in cases of emergency, upon satisfactory proof being shown to it. Said order shall be filed with the licensing officer and attached to the application for the license].

     The marriage or civil union ceremony may not take place during the 72-hour period immediately following the issuance of the marriage or civil union license ; provided, however, that:

     a.  the Superior Court may, by order, waive all or any part of said 72-hour period in cases of emergency, upon satisfactory proof being shown to it. Said order shall be filed with the licensing officer and attached to the application for the license; and

     b.  said 72-hour period shall not apply to an applicant who is an active duty member of the Armed Forces of the United States or the National Guard.

     A marriage or civil union license, when properly issued as provided in this article, shall be good and valid only for 30 days after the date of the issuance thereof. 

(cf: P.L.2006, c.103, s.9)

 

     2.    This act shall take effect immediately.

 

 

STATEMENT

 

     Under current law, after a couple applies for a marriage or civil union license there is a 72-hour waiting period before the license can be issued.  However, under current law the Superior Court may, by order, waive all or any part of said 72-hour period in cases of emergency, upon satisfactory proof being shown.

     This bill would provide that a marriage or civil union license would be issued immediately upon filing the application. However, individuals would still be required to wait 72 hours before the marriage or civil union ceremony could be performed. The intent of the bill is not to change the current 72-hour waiting period before the ceremony can occur, but to save couples the additional trip to the licensing officer to pick up the license.

     The bill also provides an exception to the 72-hour waiting period for an active duty member of the Armed Forces of the United States and the National Guard. 

     The bill also makes a technical correction to R.S.37:1-4 to remove an outdated reference to R.S.37:1-6. The referenced portion of R.S.37:1-6, which was deleted by P.L.2006, c.103, had allowed waiver of the 72-hour waiting period if a male marriage license applicant under the age of 18 was "arrested on the charge of sexual intercourse with a single, widowed or divorced female of good repute for chastity who has thereby become pregnant."

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