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.