Assembly Bill A6952

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

                                  6952

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                             April 25, 2013
                               ___________

Introduced  by M. of A. GALEF -- read once and referred to the Committee
  on Judiciary

AN ACT to amend the domestic relations law and the public health 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:

  Section  1.  Section  11  of  the domestic relations law is amended by
adding a new subdivision 3-a to read as follows:
  3-A. A TEMPORARY JUSTICE OF THE PEACE, AS DESIGNATED  BY  THE  COMMIS-
SIONER  OF  HEALTH  PURSUANT  TO  SUBDIVISION TWENTY-NINE OF SECTION TWO
HUNDRED SIX OF THE PUBLIC HEALTH LAW.
  S 2. Section 13-b of the domestic relations law, as amended by chapter
652 of the laws of 2007, is amended to read as follows:
  S 13-b. Time within which marriage may be solemnized. A marriage shall
not be solemnized within twenty-four hours after  the  issuance  of  the
marriage  license, unless authorized by an order of a court of record as
hereinafter provided, nor shall it be solemnized after sixty  days  from
the  date  of  the  issuance  of  the marriage license unless authorized
pursuant to section three hundred fifty-four-d  of  the  executive  law.
Every  license  to  marry  hereafter  issued by a town or city clerk, in
addition to other requirements specified by this chapter, must contain a
statement of the day and the hour the license is issued and  the  period
during which the marriage may be solemnized. It shall be the duty of the
clergyman  [or], magistrate OR TEMPORARY JUSTICE OF THE PEACE, AS DESIG-
NATED BY THE COMMISSIONER OF HEALTH PURSUANT TO SUBDIVISION  TWENTY-NINE
OF  SECTION  TWO  HUNDRED  SIX  OF THE PUBLIC HEALTH LAW, performing the
marriage ceremony, or if the marriage is solemnized by written contract,
of the judge before whom the contract is acknowledged, to  annex  to  or
endorse  upon  the  marriage  license  the date and hour the marriage is
solemnized. A judge or justice of the supreme court of this state or the
county judge of the county in which either party to be married  resides,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09745-01-3
              

A. 6952                             2

or  if such party is under sixteen years of age, the judge of the family
court of such county, if it shall appear  from  an  examination  of  the
license  and  any  other proofs submitted by the parties that one of the
parties  is in danger of imminent death, or by reason of other emergency
public interest will be promoted thereby, or that such delay  will  work
irreparable  injury  or  great hardship upon the contracting parties, or
one of them, may make an order authorizing the  immediate  solemnization
of  the marriage and upon filing such order with the clergyman or magis-
trate performing the marriage ceremony, or if  the  marriage  is  to  be
solemnized  by written contract, with the judge before whom the contract
is  acknowledged,  such  clergyman  or  magistrate  may  solemnize  such
marriage, or such judge may take such acknowledgment as the case may be,
without waiting for such three day period and twenty-four hour period to
elapse.  The  clergyman,  magistrate [or], judge OR TEMPORARY JUSTICE OF
THE PEACE, AS DESIGNATED BY  THE  COMMISSIONER  OF  HEALTH  PURSUANT  TO
SUBDIVISION  TWENTY-NINE OF SECTION TWO HUNDRED SIX OF THE PUBLIC HEALTH
LAW, must file such order with the town or city  clerk  who  issued  the
license within five days after the marriage is solemnized.  Such town or
city  clerk  must  record and index the order in the book required to be
kept by him for recording affidavits, statements, consents and licenses,
and when so recorded the order shall become a public record  and  avail-
able in any prosecution under this section. A person who shall solemnize
a marriage in violation of this section shall be guilty of a misdemeanor
and upon conviction thereof shall be punished by a fine of fifty dollars
for  each  offense,  and  in  addition thereto, his right to solemnize a
marriage shall be suspended for ninety days.
  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 ISSUE TEMPORARY JUSTICE OF THE PEACE DESIG-
NATIONS TO LAYPERSONS OVER THE AGE OF EIGHTEEN REGARDLESS OF STATE RESI-
DENCE  WHO INTEND TO PERFORM A MARRIAGE CEREMONY WITHIN THE STATE.  SUCH
DESIGNATIONS MAY BE GRANTED AFTER AN APPLICANT MAILS A  SIGNED  APPLICA-
TION  FORM  IN  A  MANNER PRESCRIBED BY THE DEPARTMENT, ACCOMPANIED BY A
LETTER OF REFERENCE ATTESTING TO THE APPLICANT'S HIGH STANDARD OF  CHAR-
ACTER  AND A CHECK OR MONEY ORDER FOR TWENTY-FIVE DOLLARS. THE FORM MUST
STATE THE CITY OR TOWN IN WHICH THE  CEREMONY  SHALL  BE  PERFORMED  AND
SHALL BE GRANTED ONLY IF RECEIVED THIRTY BUSINESS DAYS BEFORE SUCH DATE.
SUCH  DESIGNATIONS  SHALL  ONLY  BE VALID FOR THE CEREMONY STATED ON THE
APPLICATION.
  S 4. This act shall take effect on the ninetieth day  after  it  shall
have  become  a  law; provided, however, that effective immediately, the
addition, amendment and/or repeal of any rule  or  regulation  necessary
for  the implementation of this act on its effective date are authorized
and directed to be made and completed on or before such effective date.