Bill Text: NY A00055 | 2019-2020 | General Assembly | Introduced


Bill Title: Waives the state fee for marriage licenses when either party making application for such marriage license is a member of the United States armed forces on active duty and authorizes towns and cities to elect to waive their fees for marriage licenses and certificates when either applicant is a member of the United States armed forces on active duty.

Spectrum: Slight Partisan Bill (Democrat 12-7)

Status: (Introduced) 2019-03-05 - reported referred to ways and means [A00055 Detail]

Download: New_York-2019-A00055-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                           55
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                       (Prefiled)
                                     January 9, 2019
                                       ___________
        Introduced  by  M. of A. BUCHWALD, SANTABARBARA, PEOPLES-STOKES, CRESPO,
          STEC, HAWLEY, RAIA, JEAN-PIERRE,  BLAKE,  ABBATE,  WEPRIN,  PALMESANO,
          PALUMBO  --  Multi-Sponsored  by  --  M.  of  A. BARCLAY, ENGLEBRIGHT,
          GIGLIO, RAMOS, SCHIMMINGER, THIELE -- read once and  referred  to  the
          Committee on Judiciary
        AN  ACT  to amend the domestic relations law, in relation to waiving the
          fee for marriage licenses for active duty members of the armed forces
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Subdivision  3  of section 14-a of the domestic relations
     2  law, as amended by chapter 297 of the laws of 1963, is amended  to  read
     3  as follows:
     4    3. a. No fee shall be charged for any certificate when required by the
     5  veterans  administration  or by the division of veterans' affairs of the
     6  state of New York to be used  in  determining  the  eligibility  of  any
     7  person  to  participate  in  the benefits made available by the veterans
     8  administration or by the state of New York.
     9    b. A town or city may elect to waive the fee for  a  certificate  when
    10  either  of  the  parties  making  application  for such certificate is a
    11  member of the armed forces of the United States on active duty.
    12    § 2. Subdivision 4 of section 15 of the  domestic  relations  law,  as
    13  amended  by  chapter  35  of  the  laws  of  2017, is amended to read as
    14  follows:
    15    4. Before issuing any licenses herein provided for, the town  or  city
    16  clerk  shall  be entitled to a fee of thirty dollars, which sum shall be
    17  paid by the applicants before or at the  time  the  license  is  issued;
    18  provided,  however,  that  when  either of the parties applying for such
    19  license is a member of the armed forces of the  United States on  active
    20  duty  (i)  a  town or city may not collect that portion of the fee which
    21  would otherwise be transmitted  to  the  state  commissioner  of  health
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00461-01-9

        A. 55                               2
     1  pursuant  to  this  subdivision  and (ii) such town or city may elect to
     2  waive the portion of the fee which the town or city is entitled to.  Any
     3  town or city clerk who shall issue a license to marry any persons one or
     4  both of whom shall not be at the time of the marriage under such license
     5  legally  competent  to marry without first requiring the parties to such
     6  marriage to make such affidavits and statements or who shall not require
     7  the production of documentary proof of  age  or  the  procuring  of  the
     8  approval  and  consents  provided  for by this article, which shall show
     9  that the parties authorized by said license to be  married  are  legally
    10  competent  to  marry, shall be guilty of a misdemeanor and on conviction
    11  thereof shall be fined in the sum of one hundred dollars  for  each  and
    12  every  offense.  On or before the fifteenth day of each month, each town
    13  and city clerk, except in the city of New York, shall  transmit  to  the
    14  state  commissioner  of health twenty-two dollars and fifty cents of the
    15  amount received for each fee collected, which shall  be  paid  into  the
    16  vital  records  management  account as provided by section ninety-seven-
    17  cccc of the state finance law; provided, however, that no fee  shall  be
    18  collected on behalf of or paid to the commissioner of health when either
    19  of the parties applying for such license is a member of the armed forces
    20  of the United States on active duty. In any city the balance of all fees
    21  collected  for  the  issuing of a marriage license, or for solemnizing a
    22  marriage, so far as collected for services rendered by  any  officer  or
    23  employee  of such city, shall be paid monthly into the city treasury and
    24  may by ordinance be credited to any fund therein  designated,  and  said
    25  ordinance,  when duly enacted, shall have the force of law in such city.
    26  Notwithstanding any other provisions of this article, the clerk  of  any
    27  city  with  the  approval  of  the governing body of such city is hereby
    28  authorized to designate, in writing filed in the city clerk's office,  a
    29  deputy  clerk,  if  any,  and/or  other city employees in such office to
    30  receive applications for, examine applications,  investigate  and  issue
    31  marriage  licenses in the absence or inability of the clerk of said city
    32  to act, and said deputy and/or employees so designated are hereby vested
    33  with all the powers and duties of said city clerk relative thereto. Such
    34  deputy and/or employees shall perform  said  duties  without  additional
    35  compensation.
    36    § 3. This act shall take effect immediately.
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