Bill Text: NJ A5514 | 2018-2019 | Regular Session | Introduced
Bill Title: Broadens statute allowing proxy marriage for members of the military to encompass members stationed or deployed overseas or serving in a conflict of war.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2019-06-06 - Introduced, Referred to Assembly Judiciary Committee [A5514 Detail]
Download: New_Jersey-2018-A5514-Introduced.html
Sponsored by:
Assemblyman RONALD S. DANCER
District 12 (Burlington, Middlesex, Monmouth and Ocean)
SYNOPSIS
Broadens statute allowing proxy marriage for members of the military to encompass members stationed or deployed overseas or serving in a conflict or war.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning proxy marriage for certain members of the military and amending P.L.2011, c.179.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 7 of P.L.2011, c.179 (C.37:1-17.3 ) is amended to read as follows:
7. A member of the Armed Forces of the United States or the National Guard who is stationed or deployed overseas [and] or serving in a conflict or a war and is unable to appear for the licensure and solemnization of his marriage or civil union may enter into that marriage or civil union by the appearance of an attorney-in-fact, commissioned and empowered in writing for that purpose through a power of attorney. The attorney-in-fact must personally appear before the licensing officer with the person who is not [serving] stationed or deployed overseas or serving in a conflict or a war, and present the original power of attorney duly signed by the party who is stationed or deployed overseas or serving in a conflict or a war and acknowledged by a notary or witnessed by two officers of the United States Armed Forces or the National Guard. The power of attorney shall state the legal names of the parties to be married or to enter into a civil union, and shall state that the power of attorney is solely for the purpose of authorizing the attorney-in-fact to obtain a marriage or civil union license on the person's behalf and to participate in the solemnization of the marriage or civil union. The original power of attorney shall be a part of the marriage or civil union certificate upon registration.
(cf: P.L.2011, c.179, s.7)
2. This act shall take effect immediately.
STATEMENT
This bill would broaden the statute that allows proxy marriage for certain members of the military.
Currently, a member of the Armed Forces of the United States or the National Guard who is stationed overseas and serving in a conflict or a war and is unable to appear for the licensure and solemnization of his marriage or civil union may enter into that marriage or civil union by the appearance of an attorney-in-fact, commissioned and empowered in writing for that purpose through a power of attorney. The attorney-in-fact must personally appear before the licensing officer with the person who is not serving overseas, and present the original power of attorney duly signed by the party stationed overseas and acknowledged by a notary or witnessed by two officers of the United States Armed Forces or the National Guard.
The power of attorney must state the legal names of the parties to be married or to enter into a civil union, and state that it is solely for the purpose of authorizing the attorney-in-fact to obtain a marriage or civil union license on the person's behalf and to participate in the solemnization of the marriage or civil union.
Under the bill, members of the military who are unable to appear for the licensing and solemnization of their marriage or civil union could do so by proxy if they are: (1) either stationed or deployed overseas; or (2) if they are serving in a conflict or war.
