S T A T E   O F   N E W   Y O R K
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                                  4431

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 3, 2011
                               ___________

Introduced  by  M.  of  A.  SCARBOROUGH -- read once and referred to the
  Committee on Health

AN ACT to amend the public health law and the domestic relations law, in
  relation  to  establishing  a  pre-marital  education  program  and  a
  marriage  and family preservation course and imposing certain require-
  ments

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 206 of the public health law is amended by adding a
new subdivision 28 to read as follows:
  28.  THE COMMISSIONER SHALL PROMULGATE RULES AND REGULATIONS TO ESTAB-
LISH A PRE-MARITAL EDUCATION PROGRAM WHICH SHALL  INCLUDE,  BUT  NOT  BE
LIMITED  TO, PHYSICAL LOCATIONS FOR INSTRUCTION, CURRICULUM FOR TRAINING
OF INSTRUCTORS, CURRICULUM FOR THE PROGRAM, FEES FOR ENROLLMENT AND  THE
ISSUANCE  OF  CERTIFICATES FOR THOSE WHO HAVE COMPLETED THE PROGRAM. THE
CURRICULUM OF THE PROGRAM SHALL INCLUDE INSTRUCTION BASED ON THE  "HEAL-
THY  MARRIAGE  INITIATIVE" OF THE UNITED STATES DEPARTMENT OF HEALTH AND
HUMAN SERVICES. MARRIAGE EDUCATORS AND COUNSELORS, MENTAL HEALTH PROFES-
SIONALS, MEMBERS OF THE CLERGY AND THEIR  DESIGNEES  AND  OTHER  PERSONS
DESIGNATED  BY  THE  COMMISSIONER,  INCLUDING MEMBERS OF COMMUNITY BASED
ORGANIZATIONS, MAY APPLY TO BECOME INSTRUCTORS IN THE PROGRAM.
  S 2. Subdivision 3 of section 15 of the  domestic  relations  law,  as
amended  by  section  5 of part W2 of chapter 62 of the laws of 2003, is
amended and a new subdivision 5 is added to read as follows:
  3. If it shall appear upon an application for a marriage license  that
either  party  is under the age of sixteen years, the town or city clerk
shall require, in addition to any consents provided for in this section,
the written approval and consent of a justice of the supreme court or of
a judge of the family court, having jurisdiction over the town  or  city
in which the application is made, to be attached to or endorsed upon the
application,  before  the  license  is  issued. The application for such

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03597-01-1
              

A. 4431                             2

approval and consent shall be heard by the judge at chambers. All papers
and records pertaining to any such application shall be  sealed  by  him
and  withheld  from  inspection, except by order of a court of competent
jurisdiction.  Before issuing any licenses herein provided for, the town
or city clerk shall be entitled to a fee  of  [thirty]  NINETY  dollars,
which  sum  shall  be  paid  by the applicants before or at the time the
license is issued. Any town or city clerk who shall issue a  license  to
marry  any  persons  one or both of whom shall not be at the time of the
marriage under such license legally competent  to  marry  without  first
requiring  the  parties  to  such  marriage  to make such affidavits and
statements or who shall not require the production of documentary  proof
of  age  or  the  procuring of the approval and consents provided for by
this article, which shall show  that  the  parties  authorized  by  said
license to be married are legally competent to marry, shall be guilty of
a misdemeanor and on conviction thereof shall be fined in the sum of one
hundred  dollars  for each and every offense. On or before the fifteenth
day of each month, each town and city clerk, except in the city  of  New
York,  shall  transmit  to the state commissioner of health [twenty-two]
SEVENTY-THREE dollars [and fifty cents] of the amount received for  each
fee  collected,  TWENTY-THREE  DOLLARS  OF  which shall be paid into the
vital records management account as provided  by  section  ninety-seven-
cccc  of  the state finance law. FIFTY DOLLARS OF THE AMOUNT PAID TO THE
STATE COMMISSIONER OF HEALTH SHALL BE USED FOR EXPENSES OF THE PRE-MARI-
TAL EDUCATION PROGRAM AS SET OUT IN SUBDIVISION TWENTY-EIGHT OF  SECTION
TWO HUNDRED SIX OF THE PUBLIC HEALTH LAW. In any city the balance of all
fees collected for the issuing of a marriage license, or for solemnizing
a  marriage, so far as collected for services rendered by any officer or
employee of such city, shall be paid monthly into the city treasury  and
may  by  ordinance  be credited to any fund therein designated, and said
ordinance, when duly enacted, shall have the force of law in such  city.
Notwithstanding  any  other provisions of this article, the clerk of any
city with the approval of the governing body  of  such  city  is  hereby
authorized  to designate, in writing filed in the city clerk's office, a
deputy clerk, if any, and/or other city  employees  in  such  office  to
receive  applications  for,  examine applications, investigate and issue
marriage licenses in the absence or inability of the clerk of said  city
to act, and said deputy and/or employees so designated are hereby vested
with all the powers and duties of said city clerk relative thereto. Such
deputy  and/or  employees  shall  perform said duties without additional
compensation.
  5. UPON APPLICATION FOR A MARRIAGE LICENSE, THE  TOWN  OR  CITY  CLERK
SHALL ADVISE THE APPLICANT OF THE AVAILABILITY OF THE PRE-MARITAL EDUCA-
TION  PROGRAM  AS  SET  OUT  IN  SUBDIVISION TWENTY-EIGHT OF SECTION TWO
HUNDRED SIX OF THE PUBLIC HEALTH LAW, AND SUCH CLERK SHALL ADVISE APPLI-
CANTS THAT THE COURSE MUST BE COMPLETED BEFORE A LICENSE IS ISSUED.    A
COUNTY  COURT  JUDGE OR A SUPREME COURT JUDGE MAY ORDER THIS REQUIREMENT
WAIVED ON GOOD CAUSE SHOWN.
  S 3. Section 206 of the public health law is amended by adding  a  new
subdivision 29 to read as follows:
  29.  THE COMMISSIONER SHALL PROMULGATE RULES AND REGULATIONS TO ESTAB-
LISH A MARRIAGE AND FAMILY PRESERVATION COURSE WHICH  SHALL  PROVIDE  AT
LEAST  EIGHT  HOURS OF INSTRUCTION. SUCH COURSE SHALL INCLUDE, BUT SHALL
NOT BE LIMITED TO, THE FOLLOWING SUBJECTS:   THE EFFECTS OF  DIVORCE  ON
MINORS  INCLUDING  DEVELOPMENTAL  STAGES  OF  THE  MINOR,  RESPONSES  TO
DIVORCE, SYMPTOMS OF AND RESPONSES TO MALADJUSTMENT TO  DIVORCE,  EDUCA-
TION  AND  COUNSELING OPTIONS FOR A MINOR; THE EFFECTS OF DIVORCE ON THE

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PARTIES TO AN ACTION FOR DIVORCE INCLUDING  PARENTING  SKILLS,  COMMUNI-
CATION  SKILLS,  CONFLICT  RESOLUTION  SKILLS,  MONEY MANAGEMENT SKILLS,
EMOTIONAL, FAMILY, FINANCIAL  AND  WORK  ADJUSTMENT  TECHNIQUES,  STRESS
REDUCTION, PARALLEL AND COOPERATIVE PARENTING TECHNIQUES, RECONCILIATION
AND  COUNSELING  OPTIONS, REMARRIAGE ISSUES AND SUBSTANCE ABUSE INFORMA-
TION AND REFERRAL. THE  RULES  AND  REGULATIONS  FOR  THE  COURSE  SHALL
INCLUDE, BUT SHALL NOT BE LIMITED TO, PHYSICAL LOCATIONS FOR INSTRUCTION
AND FEES FOR ENROLLMENT. THE CURRICULUM OF THE COURSE MUST INCLUDE STAN-
DARDS  OF  INSTRUCTION TAKEN FROM THE HEALTHY MARRIAGE INITIATIVE OF THE
UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES  AND  THE  HEALTHY
MARRIAGE  RESOURCE CENTER.  A LICENSED PSYCHOLOGIST, A LICENSED CLINICAL
SOCIAL WORKER, A LICENSED MARRIAGE  AND  FAMILY  THERAPIST,  A  LICENSED
MENTAL HEALTH COUNSELOR AND A MEMBER OF THE CLERGY MAY TEACH THE COURSE.
FEES  FOR  THE COURSE SHALL BE PAID TO THE PROVIDER. THE PROVIDER OF THE
COURSE SHALL PROVIDE A CERTIFICATE  OF  COMPLETION  TO  INDIVIDUALS  WHO
SUCCESSFULLY COMPLETE THE COURSE.
  S 4. The domestic relations law is amended by adding a new section 176
to read as follows:
  S  176.  MARRIAGE  AND FAMILY PRESERVATION COURSE. 1. UNLESS OTHERWISE
PROVIDED, EACH PARTY TO AN ACTION  FOR  DIVORCE  SHALL  BE  REQUIRED  TO
SUCCESSFULLY COMPLETE THE MARRIAGE AND FAMILY PRESERVATION COURSE AS SET
OUT  IN SUBDIVISION TWENTY-NINE OF SECTION TWO HUNDRED SIX OF THE PUBLIC
HEALTH LAW.
  2. A COURT MAY EXEMPT  A  PARTY  TO  A  DIVORCE  FROM  COMPLETING  THE
MARRIAGE AND FAMILY PRESERVATION COURSE IF:
  A.  THE  PARTY FILES AN AFFIDAVIT WITH THE COURT THAT STATES HE OR SHE
IS A VICTIM OF DOMESTIC VIOLENCE BY THE OTHER PARTY; OR
  B. THE COURT FINDS OTHER GOOD CAUSE FOR THE EXEMPTION AND STATES  SUCH
FINDING IN WRITING.
  3. THE COURT IN A DIVORCE ACTION MAY GRANT A DIVORCE TO A PARTY WHO IS
NOT  EXEMPT FROM COMPLETING THE MARRIAGE AND FAMILY PRESERVATION COURSE,
AND WHO DID NOT COMPLETE THE COURSE, BUT THE COURT MAY HOLD  SUCH  PARTY
IN  CONTEMPT  OF  COURT  AND IMPOSE APPROPRIATE PENALTIES FOR FAILURE TO
COMPLETE THE COURSE.
  S 5. This act shall take effect on the first of January next  succeed-
ing  the  date  on  which  it shall have become a law, provided that the
commissioner of health is immediately authorized and directed to promul-
gate, amend and/or repeal any rules or regulations necessary  to  imple-
ment the provisions of this act on its effective date.