NY State Assembly Bill 2017-A1268B

Assembly Bill A1268B

2017-2018 Legislative Session

Waives the state fee for marriage licenses for active duty members of the armed forces and authorizes towns and cities to elect to waive their fees for marriage licenses and certificates

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Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 31, 2018	print number 1268b
Jan 31, 2018	amend and recommit to ways and means
Jan 03, 2018	referred to ways and means
Mar 07, 2017	reported referred to ways and means
Feb 27, 2017	print number 1268a
Feb 27, 2017	amend and recommit to judiciary
Jan 11, 2017	referred to judiciary

Bill Amendments

Original

B (Active)

co-Sponsors

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multi-Sponsors

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2017-A1268 - Details

See Senate Version of this Bill:: S7424
Current Committee:: Assembly Ways And Means
Law Section:: Domestic Relations Law
Laws Affected:: Amd §§14-a & 15, Dom Rel L
Versions Introduced in Other Legislative Sessions:: 2015-2016: A9645, S6808
2019-2020: A55

2017-A1268 - Summary

Waives the state fee for marriage licenses when either party making application for such marriage license is a member of the United States armed forces on active duty and authorizes towns and cities to elect to waive their fees for marriage licenses and certificates when either applicant is a member of the United States armed forces on active duty.

2017-A1268 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1268
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 11, 2017
                                ___________
 
 Introduced  by  M.  of  A. BUCHWALD, MAYER, SANTABARBARA, MOSLEY, ORTIZ,
   SKOUFIS,  PEOPLES-STOKES,  HOOPER,   CRESPO,   STEC,   HAWLEY,   RAIA,
   JEAN-PIERRE,  BLAKE,  BRINDISI,  ABBATE, WEPRIN, PALMESANO, PALUMBO --
   Multi-Sponsored by -- M.  of A. BARCLAY, CURRAN, ENGLEBRIGHT,  GIGLIO,
   OAKS, RAMOS, RICHARDSON, SCHIMMINGER, THIELE -- read once and referred
   to the Committee on Judiciary
 
 AN  ACT  to amend the domestic relations law, in relation to waiving the
   fee for marriage licenses for active duty members of the armed forces
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  3  of section 14-a of the domestic relations
 law, as amended by chapter 297 of the laws of 1963, is amended  to  read
 as follows:
   3. A. No fee shall be charged for any certificate when required by the
 veterans  administration  or by the division of veterans' affairs of the
 state of New York to be used  in  determining  the  eligibility  of  any
 person  to  participate  in  the benefits made available by the veterans
 administration or by the state of New York.
   B. A TOWN OR CITY MAY ELECT TO WAIVE THE FEE FOR  A  CERTIFICATE  WHEN
 EITHER  OF  THE  PARTIES  MAKING  APPLICATION  FOR SUCH CERTIFICATE IS A
 MEMBER OF THE ARMED FORCES OF THE UNITED STATES ON ACTIVE DUTY.
   § 2. Subdivision 3 of section 15 of the  domestic  relations  law,  as
 amended  by  section 5 of part W-2 of chapter 62 of the laws of 2003, is
 amended 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.

                                                            LBD01149-01-7

 A. 1268                             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  dollars,  which  sum
 shall  be  paid  by  the applicants before or at the time the license is
 issued; PROVIDED, HOWEVER, THAT A TOWN OR CITY MAY ELECT TO  WAIVE  SUCH
 FEE  WHEN EITHER OF THE PARTIES APPLYING FOR SUCH LICENSE IS A MEMBER OF
 THE ARMED FORCES OF THE UNITED STATES ON ACTIVE DUTY.  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 dollars and fifty cents of the amount
 received for each fee collected, which shall  be  paid  into  the  vital
 records  management  account as provided by section ninety-seven-cccc of
 the state finance law; PROVIDED, HOWEVER, THAT NO FEE SHALL BE COLLECTED
 ON BEHALF OF OR PAID TO THE COMMISSIONER OF HEALTH WHEN  EITHER  OF  THE
 PARTIES APPLYING FOR SUCH LICENSE IS A MEMBER OF THE ARMED FORCES OF THE
 UNITED  STATES  ON  ACTIVE  DUTY.    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.
   § 3. This act shall take effect immediately.

co-Sponsors

View additional co-sponsors

multi-Sponsors

View additional multi-sponsors

2017-A1268A - Details

See Senate Version of this Bill:: S7424
Current Committee:: Assembly Ways And Means
Law Section:: Domestic Relations Law
Laws Affected:: Amd §§14-a & 15, Dom Rel L
Versions Introduced in Other Legislative Sessions:: 2015-2016: A9645, S6808
2019-2020: A55

2017-A1268A - Summary

2017-A1268A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1268--A
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 11, 2017
                                ___________
 
 Introduced  by  M.  of  A. BUCHWALD, MAYER, SANTABARBARA, MOSLEY, ORTIZ,
   SKOUFIS,  PEOPLES-STOKES,  HOOPER,   CRESPO,   STEC,   HAWLEY,   RAIA,
   JEAN-PIERRE,  BLAKE,  BRINDISI,  ABBATE, WEPRIN, PALMESANO, PALUMBO --
   Multi-Sponsored by -- M.  of A. BARCLAY, CURRAN, ENGLEBRIGHT,  GIGLIO,
   OAKS, RAMOS, RICHARDSON, SCHIMMINGER, THIELE -- read once and referred
   to  the  Committee on Judiciary -- committee discharged, bill amended,
   ordered reprinted as amended and recommitted to said committee
 
 AN ACT to amend the domestic relations law, in relation to  waiving  the
   fee for marriage licenses for active duty members of the armed forces
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 3 of section 14-a  of  the  domestic  relations
 law,  as  amended by chapter 297 of the laws of 1963, is amended to read
 as follows:
   3. A. No fee shall be charged for any certificate when required by the
 veterans administration or by the division of veterans' affairs  of  the
 state  of  New  York  to  be  used in determining the eligibility of any
 person to participate in the benefits made  available  by  the  veterans
 administration or by the state of New York.
   B.  A  TOWN  OR CITY MAY ELECT TO WAIVE THE FEE FOR A CERTIFICATE WHEN
 EITHER OF THE PARTIES MAKING  APPLICATION  FOR  SUCH  CERTIFICATE  IS  A
 MEMBER OF THE ARMED FORCES OF THE UNITED STATES ON ACTIVE DUTY.
   §  2.  Subdivision  3  of section 15 of the domestic relations law, as
 amended by section 5 of part W-2 of chapter 62 of the laws of  2003,  is
 amended 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD01149-04-7

 A. 1268--A                          2
 
 application, before the license is  issued.  The  application  for  such
 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 dollars, which sum
 shall be paid by the applicants before or at the  time  the  license  is
 issued;  PROVIDED, HOWEVER, THAT WHEN EITHER OF THE PARTIES APPLYING FOR
 SUCH LICENSE IS A MEMBER OF THE ARMED FORCES OF  THE  UNITED  STATES  ON
 ACTIVE  DUTY  (I) A TOWN OR CITY MAY NOT COLLECT THAT PORTION OF THE FEE
 WHICH WOULD OTHERWISE BE TRANSMITTED TO THE STATE COMMISSIONER OF HEALTH
 PURSUANT TO THIS SUBDIVISION AND (II) SUCH TOWN OR  CITY  MAY  ELECT  TO
 WAIVE THE PORTION OF THE FEE WHICH THE TOWN OR CITY IS ENTITLED TO.  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 dollars and fifty cents of the
 amount received for each fee collected, which shall  be  paid  into  the
 vital  records  management  account as provided by section ninety-seven-
 cccc of the state finance law; PROVIDED, HOWEVER, THAT NO FEE  SHALL  BE
 COLLECTED ON BEHALF OF OR PAID TO THE COMMISSIONER OF HEALTH WHEN EITHER
 OF THE PARTIES APPLYING FOR SUCH LICENSE IS A MEMBER OF THE ARMED FORCES
 OF  THE  UNITED  STATES ON ACTIVE DUTY.   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.
   § 3. This act shall take effect immediately.

co-Sponsors

View additional co-sponsors

multi-Sponsors

View additional multi-sponsors

2017-A1268B (ACTIVE) - Details

See Senate Version of this Bill:: S7424
Current Committee:: Assembly Ways And Means
Law Section:: Domestic Relations Law
Laws Affected:: Amd §§14-a & 15, Dom Rel L
Versions Introduced in Other Legislative Sessions:: 2015-2016: A9645, S6808
2019-2020: A55

2017-A1268B (ACTIVE) - Summary

2017-A1268B (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1268--B
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 11, 2017
                                ___________
 
 Introduced  by  M.  of  A. BUCHWALD, MAYER, SANTABARBARA, MOSLEY, ORTIZ,
   SKOUFIS,  PEOPLES-STOKES,  HOOPER,   CRESPO,   STEC,   HAWLEY,   RAIA,
   JEAN-PIERRE,  BLAKE,  BRINDISI,  ABBATE, WEPRIN, PALMESANO, PALUMBO --
   Multi-Sponsored by -- M.  of A. BARCLAY, CURRAN, ENGLEBRIGHT,  GIGLIO,
   OAKS, RAMOS, RICHARDSON, SCHIMMINGER, THIELE -- read once and referred
   to  the  Committee on Judiciary -- committee discharged, bill amended,
   ordered reprinted as amended and  recommitted  to  said  committee  --
   reported  and referred to the Committee on Ways and Means -- recommit-
   ted to the Committee on Ways and Means  in  accordance  with  Assembly
   Rule  3,  sec.  2  --  committee  discharged,  bill  amended,  ordered
   reprinted as amended and recommitted to said committee
 
 AN ACT to amend the domestic relations law, in relation to  waiving  the
   fee for marriage licenses for active duty members of the armed forces
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 3 of section 14-a  of  the  domestic  relations
 law,  as  amended by chapter 297 of the laws of 1963, is amended to read
 as follows:
   3. A. No fee shall be charged for any certificate when required by the
 veterans administration or by the division of veterans' affairs  of  the
 state  of  New  York  to  be  used in determining the eligibility of any
 person to participate in the benefits made  available  by  the  veterans
 administration or by the state of New York.
   B.  A  TOWN  OR CITY MAY ELECT TO WAIVE THE FEE FOR A CERTIFICATE WHEN
 EITHER OF THE PARTIES MAKING  APPLICATION  FOR  SUCH  CERTIFICATE  IS  A
 MEMBER OF THE ARMED FORCES OF THE UNITED STATES ON ACTIVE DUTY.
   §  2.  Subdivision  4  of section 15 of the domestic relations law, as
 amended by chapter 35 of the  laws  of  2017,  is  amended  to  read  as
 follows:
   4.  Before  issuing any licenses herein provided for, the town or city
 clerk shall be entitled to a fee of thirty dollars, which sum  shall  be
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD01149-09-8

 A. 1268--B                          2
 
 paid  by  the  applicants  before  or at the time the license is issued;
 PROVIDED, HOWEVER, THAT WHEN EITHER OF THE  PARTIES  APPLYING  FOR  SUCH
 LICENSE  IS A MEMBER OF THE ARMED FORCES OF THE  UNITED STATES ON ACTIVE
 DUTY  (I)  A  TOWN OR CITY MAY NOT COLLECT THAT PORTION OF THE FEE WHICH
 WOULD OTHERWISE BE TRANSMITTED  TO  THE  STATE  COMMISSIONER  OF  HEALTH
 PURSUANT  TO  THIS  SUBDIVISION  AND (II) SUCH TOWN OR CITY MAY ELECT TO
 WAIVE THE PORTION OF THE FEE WHICH THE TOWN OR CITY IS ENTITLED TO.  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 dollars and fifty cents of the
 amount received for each fee collected, which shall  be  paid  into  the
 vital  records  management  account as provided by section ninety-seven-
 cccc of the state finance law; PROVIDED, HOWEVER, THAT NO FEE  SHALL  BE
 COLLECTED ON BEHALF OF OR PAID TO THE COMMISSIONER OF HEALTH WHEN EITHER
 OF THE PARTIES APPLYING FOR SUCH LICENSE IS A MEMBER OF THE ARMED FORCES
 OF THE UNITED STATES ON ACTIVE DUTY. 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.
   § 3. This act shall take effect immediately.

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Assembly Bill A1268B

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Sponsored By

BUCHWALD

Archive: Last Bill Status - In Assembly Committee

Bill Amendments

co-Sponsors

Shelley Mayer

Angelo Santabarbara

Walter T. Mosley

Felix Ortiz

multi-Sponsors

William A. Barclay

Brian F. Curran

Steven Englebright

Joseph Giglio

2017-A1268 - Details

2017-A1268 - Summary

2017-A1268 - Bill Text download pdf

co-Sponsors

Shelley Mayer

Angelo Santabarbara

Walter T. Mosley

Felix Ortiz

multi-Sponsors

William A. Barclay

Brian F. Curran

Steven Englebright

Joseph Giglio

2017-A1268A - Details

2017-A1268A - Summary

2017-A1268A - Bill Text download pdf

co-Sponsors

Shelley Mayer

Angelo Santabarbara

Walter T. Mosley

Felix Ortiz

multi-Sponsors

William A. Barclay

Brian F. Curran

Steven Englebright

Joseph Giglio

2017-A1268B (ACTIVE) - Details

2017-A1268B (ACTIVE) - Summary

2017-A1268B (ACTIVE) - Bill Text download pdf

Comments