Bill Text: NY A04895 | 2019-2020 | General Assembly | Introduced


Bill Title: Designates lay individuals as one-day marriage officiants in order to solemnize marriages.

Spectrum: Partisan Bill (Democrat 25-1)

Status: (Introduced - Dead) 2020-01-08 - referred to ways and means [A04895 Detail]

Download: New_York-2019-A04895-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          4895
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 5, 2019
                                       ___________
        Introduced  by M. of A. GALEF, JAFFEE, BLAKE, HYNDMAN, D'URSO, L. ROSEN-
          THAL,  GOTTFRIED,  DICKENS,  M. G. MILLER,  LAVINE,  PAULIN,  SIMOTAS,
          SIMON,  PICHARDO,  ARROYO  -- Multi-Sponsored by -- M. of A. DINOWITZ,
          LUPARDO, McDONOUGH, STECK, THIELE, WRIGHT -- read once and referred to
          the Committee on Judiciary
        AN ACT to amend the domestic relations law and  the  executive  law,  in
          relation to designating lay individuals to solemnize marriages
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Subdivisions 1, 1-a, 2 and 3-a of section 11 of the  domes-
     2  tic relations law, subdivision 1 as amended by chapter 95 of the laws of
     3  2011,  subdivision  1-a  as  amended  by chapter 96 of the laws of 2011,
     4  subdivision 2 as amended by section 1 of subpart E of part B of  chapter
     5  20  of  the laws of 2015, and subdivision 3-a as added by chapter 450 of
     6  the laws of 2014, are amended and a new subdivision 3-b is added to read
     7  as follows:
     8    1. A clergyman or minister of any religion, or by the  senior  leader,
     9  or  any  of the other leaders, of The Society for Ethical Culture in the
    10  city of New York, having its principal office in the borough of  Manhat-
    11  tan,  or  by  the  leader  of  The Brooklyn Society for Ethical Culture,
    12  having its principal office in the borough of Brooklyn of  the  city  of
    13  New  York,  or  of the Westchester Ethical Society, having its principal
    14  office in Westchester county, or of the Ethical Culture Society of  Long
    15  Island,  having  its principal office in Nassau county, or of the River-
    16  dale-Yonkers Ethical Society having its principal office in Bronx  coun-
    17  ty,  or  by  the  leader of any other Ethical Culture Society affiliated
    18  with the American Ethical Union; provided that no clergyman or  minister
    19  as  defined in section two of the religious corporations law, or Society
    20  for Ethical Culture leader shall be required to solemnize  any  marriage
    21  when  acting  in  his  or her capacity under this subdivision.  [1-a.] A
    22  refusal by a clergyman or minister as defined  in  section  two  of  the
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04895-01-9

        A. 4895                             2
     1  religious  corporations  law,  or  Society for Ethical Culture leader to
     2  solemnize any marriage under this subdivision shall not create  a  civil
     3  claim  or  cause  of  action  or result in any state or local government
     4  action to penalize, withhold benefits or discriminate against such cler-
     5  gyman or minister[.]; or,
     6    2.  The  current  or a former governor, a mayor of a village, a county
     7  executive of a county, or a mayor,  recorder,  city  magistrate,  police
     8  justice or police magistrate of a city, a former mayor or the city clerk
     9  of  a  city of the first class of over one million inhabitants or any of
    10  his or her deputies or not more than four regular clerks, designated  by
    11  him  or  her  for  such  purpose as provided in section eleven-a of this
    12  article, except that in cities which contain more than one hundred thou-
    13  sand and less than one million inhabitants, a marriage shall  be  solem-
    14  nized  by  the mayor, or police justice, and by no other officer of such
    15  city,  except  as  provided  in  subdivisions  one  and  three  of  this
    16  section[.]; or,
    17    3-a.  A judge or peacemaker judge of any Indian tribal court, a chief,
    18  a headman, or any member of any tribal council or other  governing  body
    19  of any nation, tribe or band of Indians in this state duly designated by
    20  such  body  for  the  purpose  of officiating at marriages, or any other
    21  persons duly designated by such body, in keeping with  the  culture  and
    22  traditions  of  any such nation, tribe or band of Indians in this state,
    23  to officiate at marriages[.]; or,
    24    3-b. A one-day marriage officiant, as designated by the  secretary  of
    25  state pursuant to section one hundred ten of the executive law; or,
    26    §  2.  Section  12 of the domestic relations law is amended to read as
    27  follows:
    28    § 12.  Marriage, how solemnized.  No particular form  or  ceremony  is
    29  required when a marriage is solemnized as herein provided by a clergyman
    30  [or],  magistrate,  or  one-day  marriage officiant as designated by the
    31  secretary of state pursuant to section one hundred ten of the  executive
    32  law but the parties must solemnly declare in the presence of a clergyman
    33  [or],  magistrate,  or  one-day  marriage  officiant  and  the attending
    34  witness or witnesses that they take each other  as  [husband  and  wife]
    35  spouses.  In every case, at least one witness beside the clergyman [or],
    36  magistrate, or one-day marriage officiant must be present at the ceremo-
    37  ny.
    38    The preceding provisions of this chapter, so far as they relate to the
    39  manner  of  solemnizing  marriages, shall not affect marriages among the
    40  people called friends or quakers; nor marriages among the people of  any
    41  other  denominations  having  as such any particular mode of solemnizing
    42  marriages; but such marriages must be solemnized in the  manner  hereto-
    43  fore  used and practiced in their respective societies or denominations,
    44  and marriages so solemnized shall be as valid as if this article had not
    45  been enacted.
    46    § 3. Section 13 of the domestic relations law, as amended  by  chapter
    47  95 of the laws of 2011, is amended to read as follows:
    48    §  13.  Marriage  licenses.  It  shall  be  necessary  for all persons
    49  intended to be married in New York state to obtain  a  marriage  license
    50  from a town or city clerk in New York state and to deliver said license,
    51  within  sixty  days,  to  the  clergyman  [or],  magistrate,  or one-day
    52  marriage officiant as designated by the secretary of state  pursuant  to
    53  section  one hundred ten of the executive law who is to officiate before
    54  the marriage ceremony may be performed. In case of a marriage contracted
    55  pursuant to subdivision four of section eleven  of  this  chapter,  such
    56  license  shall  be  delivered to the judge of the court of record before

        A. 4895                             3
     1  whom the acknowledgment is to be taken. If either party to the  marriage
     2  resides  upon an island located not less than twenty-five miles from the
     3  office or residence of the town clerk of the town of which  such  island
     4  is  a  part,  and if such office or residence is not on such island such
     5  license may be obtained from any justice of the peace residing  on  such
     6  island,  and  such  justice, in respect to powers and duties relating to
     7  marriage licenses, shall be subject to the provisions  of  this  article
     8  governing  town  clerks  and  shall  file  all  statements or affidavits
     9  received by him while acting under the provisions of this  section  with
    10  the town clerk of such town. No application for a marriage license shall
    11  be  denied  on the ground that the parties are of the same, or a differ-
    12  ent, sex.
    13    § 4. Section 13-b of the domestic relations law, as amended by chapter
    14  35 of the laws of 2017, is amended to read as follows:
    15    § 13-b. Time within which marriage may be solemnized. A marriage shall
    16  not be solemnized within twenty-four hours after  the  issuance  of  the
    17  marriage  license, unless authorized by an order of a court of record as
    18  hereinafter provided, nor shall it be solemnized after sixty  days  from
    19  the  date  of  the  issuance  of  the marriage license unless authorized
    20  pursuant to section three hundred fifty-four-d  of  the  executive  law.
    21  Every  license  to  marry  hereafter  issued by a town or city clerk, in
    22  addition to other requirements specified by this chapter, must contain a
    23  statement of the day and the hour the license is issued and  the  period
    24  during which the marriage may be solemnized. It shall be the duty of the
    25  clergyman [or], magistrate, or one-day marriage officiant, as designated
    26  by  the  secretary  of  state pursuant to section one hundred ten of the
    27  executive law, performing the marriage ceremony, or if the  marriage  is
    28  solemnized by written contract, of the judge before whom the contract is
    29  acknowledged,  to annex to or endorse upon the marriage license the date
    30  and hour the marriage is solemnized. A judge or justice of  the  supreme
    31  court  of  this  state or the county judge of the county in which either
    32  party to be married resides, or if such  party  is  at  least  seventeen
    33  years  of age, the judge of the family court of such county, if it shall
    34  appear from an examination of the license and any other proofs submitted
    35  by the parties that one of the parties is in danger of  imminent  death,
    36  or  by reason of other emergency public interest will be promoted there-
    37  by, or that such delay will work irreparable injury  or  great  hardship
    38  upon  the  contracting parties, or one of them, may, upon making written
    39  affirmative findings under subdivision three of section fifteen of  this
    40  article,  make  an  order authorizing the immediate solemnization of the
    41  marriage and upon filing such order with the clergyman [or], magistrate,
    42  or one-day marriage officiant performing the marriage  ceremony,  or  if
    43  the  marriage  is  to  be solemnized by written contract, with the judge
    44  before whom the contract is acknowledged, such  clergyman  [or],  magis-
    45  trate,  or  one  day  marriage officiant may solemnize such marriage, or
    46  such judge may take such acknowledgment as  the  case  may  be,  without
    47  waiting for such three day period and twenty-four hour period to elapse.
    48  The clergyman, magistrate [or], judge, or one-day marriage officiant, as
    49  designated by the secretary of state pursuant to section one hundred ten
    50  of  the  executive law, must file such order with the town or city clerk
    51  who issued the license within five days after  the  marriage  is  solem-
    52  nized.  Such  town  or city clerk must record and index the order in the
    53  book required to be kept by him or her for recording affidavits,  state-
    54  ments,  consents  and  licenses,  and  when  so recorded the order shall
    55  become a public record and  available  in  any  prosecution  under  this
    56  section.  A  person  who shall solemnize a marriage in violation of this

        A. 4895                             4
     1  section shall be guilty of a misdemeanor  and  upon  conviction  thereof
     2  shall  be  punished  by a fine of fifty dollars for each offense, and in
     3  addition thereto, his or her right to  solemnize  a  marriage  shall  be
     4  suspended for ninety days.
     5    §  5. The executive law is amended by adding a new section 110 to read
     6  as follows:
     7    § 110. Designation of one-day marriage officiant.   The secretary,  or
     8  his or her designee, shall issue one-day marriage officiant designations
     9  to laypersons over the age of eighteen regardless of state residence who
    10  intend  to  perform  a marriage solemnization ceremony within the state.
    11  Such designations shall only be  issued  after  an  applicant  remits  a
    12  completed  application form and fee, both to be determined by the secre-
    13  tary. The application form shall require the following  information  and
    14  be  accompanied  by  legal  proof  of identification. From the applicant
    15  requesting designation: applicant name, date of  birth,  legal  address,
    16  email  address  and  telephone number.   The application form shall also
    17  require the names, addresses and  birth  dates  of  the  parties  to  be
    18  married  as they appear on the application for a marriage license issued
    19  by a town or city clerk in the state, the name  of  the  city,  town  or
    20  village in which such solemnization will be performed and the exact date
    21  of  the  solemnization.  The application and fee must be received by the
    22  department at least thirty days before the date  of  the  ceremony.  The
    23  department shall notify the applicant of approval of such designation no
    24  later  than seven days prior to the date of the marriage ceremony stated
    25  on the application. Such designations shall only be valid for the  cere-
    26  mony  stated on the application and shall expire upon completion of such
    27  solemnization.
    28    § 6. This act shall take effect on the ninetieth day  after  it  shall
    29  have  become  a  law.    Effective  immediately, the addition, amendment
    30  and/or repeal of any rule or regulation necessary for the implementation
    31  of this act on  its  effective  date  are  authorized  to  be  made  and
    32  completed on or before such effective date.
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