S T A T E O F N E W Y O R K
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5223--A
2015-2016 Regular Sessions
I N A S S E M B L Y
February 13, 2015
___________
Introduced by M. of A. GALEF -- read once and referred to the Committee
on Judiciary -- recommitted to the Committee on Judiciary in accord-
ance with Assembly Rule 3, sec. 2 -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
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:
Section 1. Section 11 of the domestic relations law is amended by
adding a new subdivision 3-b to read as follows:
3-B. A TEMPORARY JUSTICE OF THE PEACE, AS DESIGNATED BY THE SECRETARY
OF STATE PURSUANT TO SECTION ONE HUNDRED NINE OF THE EXECUTIVE 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 SECRETARY OF STATE PURSUANT TO SECTION ONE HUNDRED NINE OF
THE EXECUTIVE 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01456-06-6
A. 5223--A 2
supreme court of this state or the county judge of the county in which
either party to be married resides, 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 there-
by, or that such delay will work irreparable injury or great hardship
upon the contracting parties, or one of them, may make an order author-
izing the immediate solemnization of the marriage and upon filing such
order with the clergyman [or], magistrate OR TEMPORARY JUSTICE OF THE
PEACE 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 OR TEMPORARY JUSTICE OF
THE PEACE 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
SECRETARY OF STATE PURSUANT TO SECTION ONE HUNDRED NINE OF THE EXECUTIVE
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 OR HER for recording affidavits, statements, consents and
licenses, and when so recorded the order shall become a public record
and available 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 OR HER
right to solemnize a marriage shall be suspended for ninety days.
S 3. The executive law is amended by adding a new section 109 to read
as follows:
S 109. DESIGNATION OF TEMPORARY JUSTICE OF THE PEACE. THE SECRETARY,
OR HIS OR HER DESIGNEE, SHALL ISSUE TEMPORARY JUSTICE OF THE PEACE
DESIGNATIONS TO LAYPERSONS OVER THE AGE OF EIGHTEEN REGARDLESS OF STATE
RESIDENCE WHO INTEND TO PERFORM A MARRIAGE CEREMONY WITHIN THE STATE.
SUCH DESIGNATIONS MAY BE GRANTED AFTER AN APPLICANT MAILS A SIGNED
APPLICATION FORM OR COMPLETES SUCH APPLICATION FORM IN AN ONLINE FORMAT
WITH A FEE TO BE DETERMINED BY THE DEPARTMENT. THE FORM SHALL 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 APPLICA-
TION.
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.