Bill Text: NY A08031 | 2019-2020 | General Assembly | Amended

---

Bill Title: Expands which judges may solemnize a marriage to include all federal circuit court of appeals judges and all federal district court judges.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Vetoed) 2019-12-20 - VETOED MEMO.284 [A08031 Detail]

Download: New_York-2019-A08031-Amended.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                         8031--A

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                      May 30, 2019
                                       ___________

        Introduced  by M. of A. ROMEO -- read once and referred to the Committee
          on Judiciary -- reported and referred to the  Committee  on  Rules  --
          committee  discharged,  bill amended, ordered reprinted as amended and
          recommitted to said committee

        AN ACT to amend the domestic relations  law,  in  relation  to  who  may
          solemnize a marriage

          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 11 of the domestic relations  law,
     2  as  amended  by  chapter  633 of the laws of 2008, is amended to read as
     3  follows:
     4    3. A judge of [the] a federal circuit court of appeals [for the second
     5  circuit], a judge of a federal district court [for the northern,  south-
     6  ern,  eastern  or  western  district of New York], a judge of the United
     7  States court of international trade, a federal administrative law  judge
     8  presiding  in  this  state, a justice or judge of a court of the unified
     9  court system, a housing judge of the civil court  of  the  city  of  New
    10  York,  a  retired  justice  or  judge  of  the unified court system or a
    11  retired housing judge of the civil court of the city of New York  certi-
    12  fied pursuant to paragraph (k) of subdivision two of section two hundred
    13  twelve  of the judiciary law, the clerk of the appellate division of the
    14  supreme court in each judicial department,  a  retired  city  clerk  who
    15  served for more than ten years in such capacity in a city having a popu-
    16  lation of one million or more or a county clerk of a county wholly with-
    17  in cities having a population of one million or more; or,
    18    §  2.  Subdivision  5  of section 11 of the domestic relations law, as
    19  amended by chapter 264 of the laws  of  1996,  is  amended  to  read  as
    20  follows:
    21    5.  Notwithstanding  any other provision of this article, where either
    22  or both of the parties is under the age of  eighteen  years  a  marriage
    23  shall  be solemnized only by those authorized in subdivision one of this

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13016-03-9
        A. 8031--A                          2

     1  section or by (1) the mayor of a city or village, or county executive of
     2  a county, or by (2) a judge of [the] a federal circuit court of  appeals
     3  [for  the  second circuit], a judge of a federal district court [for the
     4  northern, southern, eastern or western district of New York], a judge of
     5  the  United States court of international trade, or a justice or a judge
     6  of a court of the unified court system, or by (3) a housing judge of the
     7  civil court of the city of New York, or by (4) a  former  mayor  or  the
     8  clerk  of  a  city of the first class of over one million inhabitants or
     9  any of his or her deputies designated by him or her for such purposes as
    10  provided in section eleven-a of this chapter.
    11    § 3. Subdivision 6 of section 11 of the  domestic  relations  law,  as
    12  amended  by  chapter  450  of  the  laws  of 2014, is amended to read as
    13  follows:
    14    6. Notwithstanding any other provisions of this article to the contra-
    15  ry no marriage shall be solemnized by a public officer specified in this
    16  section, other than a judge of a federal circuit  court  of  appeals,  a
    17  judge  of  a federal district court [for the northern, southern, eastern
    18  or western district of New York], a judge of the United States court  of
    19  international  trade,  a  federal  administrative law judge presiding in
    20  this state, a judge or justice of  the  unified  court  system  of  this
    21  state,  a housing judge of the civil court of the city of New York, or a
    22  retired judge or justice of the unified court system or a retired  hous-
    23  ing  judge  of  the  civil  court certified pursuant to paragraph (k) of
    24  subdivision two of section two hundred twelve of the judiciary law,  nor
    25  by  any of the persons specified in subdivision three-a of this section,
    26  outside the territorial jurisdiction in which he  or  she  was  elected,
    27  appointed or duly designated. Such a public officer, however, elected or
    28  appointed  within the city of New York may solemnize a marriage anywhere
    29  within such city.
    30    § 4. This act shall take effect immediately.