S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1137
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 10, 2017
                                ___________
 
 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  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 TEN OF THE EXECUTIVE LAW.
   § 2. Section 12 of the domestic relations law is amended  to  read  as
 follows:
   §  12.    Marriage, how solemnized.  No particular form or ceremony is
 required when a marriage is solemnized as herein provided by a clergyman
 [or], magistrate, OR TEMPORARY JUSTICE OF THE PEACE AS DESIGNATED BY THE
 SECRETARY OF STATE PURSUANT TO SECTION ONE HUNDRED TEN OF THE  EXECUTIVE
 LAW but the parties must solemnly declare in the presence of a clergyman
 [or],  magistrate,  OR  TEMPORARY JUSTICE OF THE PEACE and the attending
 witness or witnesses that they take each other  as  [husband  and  wife]
 SPOUSES.  In every case, at least one witness beside the clergyman [or],
 magistrate,  OR  TEMPORARY  JUSTICE  OF THE PEACE must be present at the
 ceremony.
   The preceding provisions of this chapter, so far as they relate to the
 manner of solemnizing marriages, shall not affect  marriages  among  the
 people  called friends or quakers; nor marriages among the people of any
 other denominations having as such any particular  mode  of  solemnizing
 marriages;  but  such marriages must be solemnized in the manner hereto-
 fore used and practiced in their respective societies or  denominations,
 and marriages so solemnized shall be as valid as if this article had not
 been enacted.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02161-01-7
              

 A. 1137                             2
 
   §  3.  Section 13 of the domestic relations law, as amended by chapter
 95 of the laws of 2011, is amended to read as follows:
   §  13.  Marriage  licenses.  It  shall  be  necessary  for all persons
 intended to be married in New York state to obtain  a  marriage  license
 from a town or city clerk in New York state and to deliver said license,
 within  sixty  days,  to  the  clergyman  [or], magistrate, OR TEMPORARY
 JUSTICE OF THE PEACE AS DESIGNATED BY THE SECRETARY OF STATE PURSUANT TO
 SECTION ONE HUNDRED TEN OF THE EXECUTIVE LAW who is to officiate  before
 the marriage ceremony may be performed. In case of a marriage contracted
 pursuant  to  subdivision  four  of section eleven of this chapter, such
 license shall be delivered to the judge of the court  of  record  before
 whom  the acknowledgment is to be taken. If either party to the marriage
 resides upon an island located not less than twenty-five miles from  the
 office  or  residence of the town clerk of the town of which such island
 is a part, and if such office or residence is not on  such  island  such
 license  may  be obtained from any justice of the peace residing on such
 island, and such justice, in respect to powers and  duties  relating  to
 marriage  licenses,  shall  be subject to the provisions of this article
 governing town clerks  and  shall  file  all  statements  or  affidavits
 received  by  him while acting under the provisions of this section with
 the town clerk of such town. No application for a marriage license shall
 be denied on the ground that the parties are of the same, or  a  differ-
 ent, sex.
   § 4. Section 13-b of the domestic relations law, as amended by chapter
 652 of the laws of 2007, is amended to read as follows:
   § 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  TEN  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
 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

 A. 1137                             3
 
 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 TEN 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.
   §  5. The executive law is amended by adding a new section 110 to read
 as follows:
   § 110. 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 SOLEMNIZATION CEREMONY WITHIN
 THE  STATE.  SUCH  DESIGNATIONS  SHALL ONLY BE ISSUED AFTER AN APPLICANT
 REMITS A COMPLETED APPLICATION FORM AND FEE, BOTH TO  BE  DETERMINED  BY
 THE SECRETARY. THE APPLICATION FORM SHALL REQUIRE THE FOLLOWING INFORMA-
 TION  AND  BE  ACCOMPANIED  BY  LEGAL  PROOF OF IDENTIFICATION. FROM THE
 APPLICANT REQUESTING DESIGNATION: APPLICANT NAME, DATE OF  BIRTH,  LEGAL
 ADDRESS, EMAIL ADDRESS AND TELEPHONE NUMBER.  THE APPLICATION FORM SHALL
 ALSO  REQUIRE  THE NAMES, ADDRESSES AND BIRTH DATES OF THE PARTIES TO BE
 MARRIED AS THEY APPEAR ON THE APPLICATION FOR A MARRIAGE LICENSE  ISSUED
 BY  A  TOWN  OR  CITY  CLERK IN THE STATE, THE NAME OF THE CITY, TOWN OR
 VILLAGE IN WHICH SUCH SOLEMNIZATION WILL BE PERFORMED AND THE EXACT DATE
 OF THE SOLEMNIZATION. THE APPLICATION AND FEE MUST BE  RECEIVED  BY  THE
 DEPARTMENT  AT  LEAST  THIRTY  DAYS BEFORE THE DATE OF THE CEREMONY. THE
 DEPARTMENT SHALL NOTIFY THE APPLICANT OF APPROVAL OF SUCH DESIGNATION NO
 LATER THAN SEVEN DAYS PRIOR TO THE DATE OF THE MARRIAGE CEREMONY  STATED
 ON  THE APPLICATION. SUCH DESIGNATIONS SHALL ONLY BE VALID FOR THE CERE-
 MONY STATED ON THE APPLICATION AND SHALL EXPIRE UPON COMPLETION OF  SUCH
 SOLEMNIZATION.
   §  6.  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.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1137--A
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 10, 2017
                                ___________
 
 Introduced  by  M. of A. GALEF, JAFFEE, MOYA, BLAKE, LUPINACCI -- Multi-
   Sponsored by -- M. of A. LUPARDO, 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 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  ONE-DAY MARRIAGE OFFICIANT, AS DESIGNATED BY THE SECRETARY OF
 STATE PURSUANT TO SECTION ONE HUNDRED TEN OF THE EXECUTIVE LAW.
   § 2. Section 12 of the domestic relations law is amended  to  read  as
 follows:
   §  12.    Marriage, how solemnized.  No particular form or ceremony is
 required when a marriage is solemnized as herein provided by a clergyman
 [or], magistrate, OR ONE-DAY MARRIAGE OFFICIANT  AS  DESIGNATED  BY  THE
 SECRETARY  OF STATE PURSUANT TO SECTION ONE HUNDRED TEN OF THE EXECUTIVE
 LAW but the parties must solemnly declare in the presence of a clergyman
 [or], magistrate,  OR  ONE-DAY  MARRIAGE  OFFICIANT  and  the  attending
 witness  or  witnesses  that  they take each other as [husband and wife]
 SPOUSES.  In every case, at least one witness beside the clergyman [or],
 magistrate, OR ONE-DAY MARRIAGE OFFICIANT must be present at the ceremo-
 ny.
   The preceding provisions of this chapter, so far as they relate to the
 manner of solemnizing marriages, shall not affect  marriages  among  the
 people  called friends or quakers; nor marriages among the people of any
 other denominations having as such any particular  mode  of  solemnizing
 marriages;  but  such marriages must be solemnized in the manner hereto-
 fore used and practiced in their respective societies or  denominations,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02161-02-7
              

 A. 1137--A                          2
 
 and marriages so solemnized shall be as valid as if this article had not
 been enacted.
   §  3.  Section 13 of the domestic relations law, as amended by chapter
 95 of the laws of 2011, is amended to read as follows:
   § 13. Marriage  licenses.  It  shall  be  necessary  for  all  persons
 intended  to  be  married in New York state to obtain a marriage license
 from a town or city clerk in New York state and to deliver said license,
 within sixty  days,  to  the  clergyman  [or],  magistrate,  OR  ONE-DAY
 MARRIAGE  OFFICIANT  AS DESIGNATED BY THE SECRETARY OF STATE PURSUANT TO
 SECTION ONE HUNDRED TEN OF THE EXECUTIVE LAW who is to officiate  before
 the marriage ceremony may be performed. In case of a marriage contracted
 pursuant  to  subdivision  four  of section eleven of this chapter, such
 license shall be delivered to the judge of the court  of  record  before
 whom  the acknowledgment is to be taken. If either party to the marriage
 resides upon an island located not less than twenty-five miles from  the
 office  or  residence of the town clerk of the town of which such island
 is a part, and if such office or residence is not on  such  island  such
 license  may  be obtained from any justice of the peace residing on such
 island, and such justice, in respect to powers and  duties  relating  to
 marriage  licenses,  shall  be subject to the provisions of this article
 governing town clerks  and  shall  file  all  statements  or  affidavits
 received  by  him while acting under the provisions of this section with
 the town clerk of such town. No application for a marriage license shall
 be denied on the ground that the parties are of the same, or  a  differ-
 ent, sex.
   § 4. Section 13-b of the domestic relations law, as amended by chapter
 652 of the laws of 2007, is amended to read as follows:
   § 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 ONE-DAY MARRIAGE OFFICIANT, AS DESIGNATED
 BY THE SECRETARY OF STATE PURSUANT TO SECTION ONE  HUNDRED  TEN  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 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  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], magistrate, OR ONE-DAY MARRIAGE OFFICIANT 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,  ONE-DAY  MARRIAGE OFFICIANT may solemnize

 A. 1137--A                          3
 
 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,  ONE-DAY
 MARRIAGE  OFFICIANT, AS DESIGNATED BY THE SECRETARY OF STATE PURSUANT TO
 SECTION ONE HUNDRED TEN 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.
   § 5. The executive law is amended by adding a new section 110 to  read
 as follows:
   §  110.  DESIGNATION OF ONE-DAY MARRIAGE OFFICIANT.  THE SECRETARY, OR
 HIS OR HER DESIGNEE, SHALL ISSUE ONE-DAY MARRIAGE OFFICIANT DESIGNATIONS
 TO LAYPERSONS OVER THE AGE OF EIGHTEEN REGARDLESS OF STATE RESIDENCE WHO
 INTEND TO PERFORM A MARRIAGE SOLEMNIZATION CEREMONY  WITHIN  THE  STATE.
 SUCH  DESIGNATIONS  SHALL  ONLY  BE  ISSUED  AFTER AN APPLICANT REMITS A
 COMPLETED APPLICATION FORM AND FEE, BOTH TO BE DETERMINED BY THE  SECRE-
 TARY.  THE  APPLICATION FORM SHALL REQUIRE THE FOLLOWING INFORMATION AND
 BE ACCOMPANIED BY LEGAL PROOF  OF  IDENTIFICATION.  FROM  THE  APPLICANT
 REQUESTING  DESIGNATION:  APPLICANT  NAME, DATE OF BIRTH, LEGAL ADDRESS,
 EMAIL ADDRESS AND TELEPHONE NUMBER.   THE APPLICATION  FORM  SHALL  ALSO
 REQUIRE  THE  NAMES,  ADDRESSES  AND  BIRTH  DATES  OF THE PARTIES TO BE
 MARRIED AS THEY APPEAR ON THE APPLICATION FOR A MARRIAGE LICENSE  ISSUED
 BY  A  TOWN  OR  CITY  CLERK IN THE STATE, THE NAME OF THE CITY, TOWN OR
 VILLAGE IN WHICH SUCH SOLEMNIZATION WILL BE PERFORMED AND THE EXACT DATE
 OF THE SOLEMNIZATION. THE APPLICATION AND FEE MUST BE  RECEIVED  BY  THE
 DEPARTMENT  AT  LEAST  THIRTY  DAYS BEFORE THE DATE OF THE CEREMONY. THE
 DEPARTMENT SHALL NOTIFY THE APPLICANT OF APPROVAL OF SUCH DESIGNATION NO
 LATER THAN SEVEN DAYS PRIOR TO THE DATE OF THE MARRIAGE CEREMONY  STATED
 ON  THE APPLICATION. SUCH DESIGNATIONS SHALL ONLY BE VALID FOR THE CERE-
 MONY STATED ON THE APPLICATION AND SHALL EXPIRE UPON COMPLETION OF  SUCH
 SOLEMNIZATION.
   §  6.  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.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1137--B
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 10, 2017
                                ___________
 
 Introduced by M. of A. GALEF, JAFFEE, BLAKE, HYNDMAN, SEPULVEDA, D'URSO,
   L. ROSENTHAL,   GOTTFRIED,   DICKENS,  HARRIS,  M. G. MILLER,  LAVINE,
   PAULIN, SIMOTAS, SIMON -- Multi-Sponsored by --  M.  of  A.  DINOWITZ,
   LUPARDO, McDONOUGH, STECK, THIELE, WRIGHT -- read once and referred to
   the  Committee  on  Judiciary  --  committee discharged, bill amended,
   ordered reprinted as amended and  recommitted  to  said  committee  --
   recommitted  to the Committee on Judiciary 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 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 ONE-DAY MARRIAGE OFFICIANT, AS DESIGNATED BY THE  SECRETARY  OF
 STATE PURSUANT TO SECTION ONE HUNDRED TEN OF THE EXECUTIVE LAW.
   §  2.  Section  12 of the domestic relations law is amended to read as
 follows:
   § 12.  Marriage, how solemnized.  No particular form  or  ceremony  is
 required when a marriage is solemnized as herein provided by a clergyman
 [or],  magistrate,  OR  ONE-DAY  MARRIAGE OFFICIANT AS DESIGNATED BY THE
 SECRETARY OF STATE PURSUANT TO SECTION ONE HUNDRED TEN OF THE  EXECUTIVE
 LAW but the parties must solemnly declare in the presence of a clergyman
 [or],  magistrate,  OR  ONE-DAY  MARRIAGE  OFFICIANT  and  the attending
 witness or witnesses that they take each other  as  [husband  and  wife]
 SPOUSES.  In every case, at least one witness beside the clergyman [or],
 magistrate, OR ONE-DAY MARRIAGE OFFICIANT must be present at the ceremo-
 ny.
   The preceding provisions of this chapter, so far as they relate to the
 manner  of  solemnizing  marriages, shall not affect marriages among the
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02161-05-8

 A. 1137--B                          2
 
 people called friends or quakers; nor marriages among the people of  any
 other  denominations  having  as such any particular mode of solemnizing
 marriages; but such marriages must be solemnized in the  manner  hereto-
 fore  used and practiced in their respective societies or denominations,
 and marriages so solemnized shall be as valid as if this article had not
 been enacted.
   § 3. Section 13 of the domestic relations law, as amended  by  chapter
 95 of the laws of 2011, is amended to read as follows:
   §  13.  Marriage  licenses.  It  shall  be  necessary  for all persons
 intended to be married in New York state to obtain  a  marriage  license
 from a town or city clerk in New York state and to deliver said license,
 within  sixty  days,  to  the  clergyman  [or],  magistrate,  OR ONE-DAY
 MARRIAGE OFFICIANT AS DESIGNATED BY THE SECRETARY OF STATE  PURSUANT  TO
 SECTION  ONE HUNDRED TEN OF THE EXECUTIVE LAW who is to officiate before
 the marriage ceremony may be performed. In case of a marriage contracted
 pursuant to subdivision four of section eleven  of  this  chapter,  such
 license  shall  be  delivered to the judge of the court of record before
 whom the acknowledgment is to be taken. If either party to the  marriage
 resides  upon an island located not less than twenty-five miles from the
 office or residence of the town clerk of the town of which  such  island
 is  a  part,  and if such office or residence is not on such island such
 license may be obtained from any justice of the peace residing  on  such
 island,  and  such  justice, in respect to powers and duties relating to
 marriage licenses, shall be subject to the provisions  of  this  article
 governing  town  clerks  and  shall  file  all  statements or affidavits
 received by him while acting under the provisions of this  section  with
 the town clerk of such town. No application for a marriage license shall
 be  denied  on the ground that the parties are of the same, or a differ-
 ent, sex.
   § 4. Section 13-b of the domestic relations law, as amended by chapter
 35 of the laws of 2017, is amended to read as follows:
   § 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 ONE-DAY MARRIAGE OFFICIANT, AS DESIGNATED
 BY  THE  SECRETARY  OF  STATE PURSUANT TO SECTION ONE HUNDRED TEN 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  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  at  least  seventeen
 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, upon making written
 affirmative findings under subdivision three of section fifteen of  this

 A. 1137--B                          3
 
 article,  make  an  order authorizing the immediate solemnization of the
 marriage and upon filing such order with the clergyman [or], magistrate,
 OR ONE-DAY MARRIAGE OFFICIANT 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],  magis-
 trate,  OR  ONE  DAY  MARRIAGE OFFICIANT 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 ONE-DAY MARRIAGE OFFICIANT, AS
 DESIGNATED BY THE SECRETARY OF STATE PURSUANT TO SECTION ONE HUNDRED TEN
 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  solem-
 nized.  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,  state-
 ments,  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.
   §  5. The executive law is amended by adding a new section 110 to read
 as follows:
   § 110. DESIGNATION OF ONE-DAY MARRIAGE OFFICIANT.   THE SECRETARY,  OR
 HIS OR HER DESIGNEE, SHALL ISSUE ONE-DAY MARRIAGE OFFICIANT DESIGNATIONS
 TO LAYPERSONS OVER THE AGE OF EIGHTEEN REGARDLESS OF STATE RESIDENCE WHO
 INTEND  TO  PERFORM  A MARRIAGE SOLEMNIZATION CEREMONY WITHIN THE STATE.
 SUCH DESIGNATIONS SHALL ONLY BE  ISSUED  AFTER  AN  APPLICANT  REMITS  A
 COMPLETED  APPLICATION FORM AND FEE, BOTH TO BE DETERMINED BY THE SECRE-
 TARY. THE APPLICATION FORM SHALL REQUIRE THE FOLLOWING  INFORMATION  AND
 BE  ACCOMPANIED  BY  LEGAL  PROOF  OF IDENTIFICATION. FROM THE APPLICANT
 REQUESTING DESIGNATION: APPLICANT NAME, DATE OF  BIRTH,  LEGAL  ADDRESS,
 EMAIL  ADDRESS  AND  TELEPHONE NUMBER.   THE APPLICATION FORM SHALL ALSO
 REQUIRE THE NAMES, ADDRESSES AND  BIRTH  DATES  OF  THE  PARTIES  TO  BE
 MARRIED  AS THEY APPEAR ON THE APPLICATION FOR A MARRIAGE LICENSE ISSUED
 BY A TOWN OR CITY CLERK IN THE STATE, THE NAME  OF  THE  CITY,  TOWN  OR
 VILLAGE IN WHICH SUCH SOLEMNIZATION WILL BE PERFORMED AND THE EXACT DATE
 OF  THE  SOLEMNIZATION.  THE APPLICATION AND FEE MUST BE RECEIVED BY THE
 DEPARTMENT AT LEAST THIRTY DAYS BEFORE THE DATE  OF  THE  CEREMONY.  THE
 DEPARTMENT SHALL NOTIFY THE APPLICANT OF APPROVAL OF SUCH DESIGNATION NO
 LATER  THAN SEVEN DAYS PRIOR TO THE DATE OF THE MARRIAGE CEREMONY STATED
 ON THE APPLICATION. SUCH DESIGNATIONS SHALL ONLY BE VALID FOR THE  CERE-
 MONY  STATED ON THE APPLICATION AND SHALL EXPIRE UPON COMPLETION OF SUCH
 SOLEMNIZATION.
   § 6. 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.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1137--C
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 10, 2017
                                ___________
 
 Introduced  by M. of A. GALEF, JAFFEE, BLAKE, HYNDMAN, D'URSO, L. ROSEN-
   THAL, GOTTFRIED, DICKENS, M. G. MILLER, LAVINE, PAULIN, SIMOTAS, SIMON
   -- Multi-Sponsored by -- M. of A. DINOWITZ, LUPARDO, McDONOUGH, STECK,
   THIELE, WRIGHT -- read once and referred to the Committee on Judiciary
   -- committee discharged, bill amended, ordered  reprinted  as  amended
   and  recommitted  to said committee -- recommitted to the Committee on
   Judiciary in accordance with Assembly Rule  3,  sec.  2  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to  said  committee  -- reported and referred to the Committee on Ways
   and Means -- committee discharged, bill amended, ordered reprinted  as
   amended and recommitted to said committee
 
 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.  Subdivisions  1,  2 and 3-a of section 11 of the domestic
 relations law, subdivision 1 as amended by chapter 95  of  the  laws  of
 2011,  subdivision  2  as amended by section 1 of subpart E of part B of
 chapter 20 of the laws of 2015, and subdivision 3-a as added by  chapter
 450  of the laws of 2014, are amended and a new subdivision 3-b is added
 to read as follows:
   1. A clergyman or minister of any religion, or by the  senior  leader,
 or  any  of the other leaders, of The Society for Ethical Culture in the
 city of New York, having its principal office in the borough of  Manhat-
 tan,  or  by  the  leader  of  The Brooklyn Society for Ethical Culture,
 having its principal office in the borough of Brooklyn of  the  city  of
 New  York,  or  of the Westchester Ethical Society, having its principal
 office in Westchester county, or of the Ethical Culture Society of  Long
 Island,  having  its principal office in Nassau county, or of the River-
 dale-Yonkers Ethical Society having its principal office in Bronx  coun-
 ty,  or  by  the  leader of any other Ethical Culture Society affiliated
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02161-06-8

 A. 1137--C                          2
 
 with the American Ethical Union; provided that no clergyman or  minister
 as  defined in section two of the religious corporations law, or Society
 for Ethical Culture leader shall be required to solemnize  any  marriage
 when acting in his or her capacity under this subdivision[.]; OR,
   2.  The  current  or a former governor, a mayor of a village, a county
 executive of a county, or a mayor,  recorder,  city  magistrate,  police
 justice or police magistrate of a city, a former mayor or the city clerk
 of  a  city of the first class of over one million inhabitants or any of
 his or her deputies or not more than four regular clerks, designated  by
 him  or  her  for  such  purpose as provided in section eleven-a of this
 article, except that in cities which contain more than one hundred thou-
 sand and less than one million inhabitants, a marriage shall  be  solem-
 nized  by  the mayor, or police justice, and by no other officer of such
 city,  except  as  provided  in  subdivisions  one  and  three  of  this
 section[.]; OR,
   3-a.  A judge or peacemaker judge of any Indian tribal court, a chief,
 a headman, or any member of any tribal council or other  governing  body
 of any nation, tribe or band of Indians in this state duly designated by
 such  body  for  the  purpose  of officiating at marriages, or any other
 persons duly designated by such body, in keeping with  the  culture  and
 traditions  of  any such nation, tribe or band of Indians in this state,
 to officiate at marriages[.]; OR,
   3-B. A ONE-DAY MARRIAGE OFFICIANT, AS DESIGNATED BY THE  SECRETARY  OF
 STATE PURSUANT TO SECTION ONE HUNDRED TEN OF THE EXECUTIVE LAW.
   §  2.  Section  12 of the domestic relations law is amended to read as
 follows:
   § 12.  Marriage, how solemnized.  No particular form  or  ceremony  is
 required when a marriage is solemnized as herein provided by a clergyman
 [or],  magistrate,  OR  ONE-DAY  MARRIAGE OFFICIANT AS DESIGNATED BY THE
 SECRETARY OF STATE PURSUANT TO SECTION ONE HUNDRED TEN OF THE  EXECUTIVE
 LAW but the parties must solemnly declare in the presence of a clergyman
 [or],  magistrate,  OR  ONE-DAY  MARRIAGE  OFFICIANT  and  the attending
 witness or witnesses that they take each other  as  [husband  and  wife]
 SPOUSES.  In every case, at least one witness beside the clergyman [or],
 magistrate, OR ONE-DAY MARRIAGE OFFICIANT must be present at the ceremo-
 ny.
   The preceding provisions of this chapter, so far as they relate to the
 manner  of  solemnizing  marriages, shall not affect marriages among the
 people called friends or quakers; nor marriages among the people of  any
 other  denominations  having  as such any particular mode of solemnizing
 marriages; but such marriages must be solemnized in the  manner  hereto-
 fore  used and practiced in their respective societies or denominations,
 and marriages so solemnized shall be as valid as if this article had not
 been enacted.
   § 3. Section 13 of the domestic relations law, as amended  by  chapter
 95 of the laws of 2011, is amended to read as follows:
   §  13.  Marriage  licenses.  It  shall  be  necessary  for all persons
 intended to be married in New York state to obtain  a  marriage  license
 from a town or city clerk in New York state and to deliver said license,
 within  sixty  days,  to  the  clergyman  [or],  magistrate,  OR ONE-DAY
 MARRIAGE OFFICIANT AS DESIGNATED BY THE SECRETARY OF STATE  PURSUANT  TO
 SECTION  ONE HUNDRED TEN OF THE EXECUTIVE LAW who is to officiate before
 the marriage ceremony may be performed. In case of a marriage contracted
 pursuant to subdivision four of section eleven  of  this  chapter,  such
 license  shall  be  delivered to the judge of the court of record before
 whom the acknowledgment is to be taken. If either party to the  marriage

 A. 1137--C                          3
 
 resides  upon an island located not less than twenty-five miles from the
 office or residence of the town clerk of the town of which  such  island
 is  a  part,  and if such office or residence is not on such island such
 license  may  be obtained from any justice of the peace residing on such
 island, and such justice, in respect to powers and  duties  relating  to
 marriage  licenses,  shall  be subject to the provisions of this article
 governing town clerks  and  shall  file  all  statements  or  affidavits
 received  by  him while acting under the provisions of this section with
 the town clerk of such town. No application for a marriage license shall
 be denied on the ground that the parties are of the same, or  a  differ-
 ent, sex.
   § 4. Section 13-b of the domestic relations law, as amended by chapter
 35 of the laws of 2017, is amended to read as follows:
   § 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 ONE-DAY MARRIAGE OFFICIANT, AS DESIGNATED
 BY THE SECRETARY OF STATE PURSUANT TO SECTION ONE  HUNDRED  TEN  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 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 at least seventeen
 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, upon  making  written
 affirmative  findings under subdivision three of section fifteen of this
 article, make an order authorizing the immediate  solemnization  of  the
 marriage and upon filing such order with the clergyman [or], magistrate,
 OR  ONE-DAY  MARRIAGE  OFFICIANT 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], magis-
 trate, OR ONE DAY MARRIAGE OFFICIANT 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 ONE-DAY MARRIAGE OFFICIANT, AS
 DESIGNATED BY THE SECRETARY OF STATE PURSUANT TO SECTION ONE HUNDRED TEN
 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 solem-
 nized. 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, state-
 ments, 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

 A. 1137--C                          4
 
 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.
   §  5. The executive law is amended by adding a new section 110 to read
 as follows:
   § 110. DESIGNATION OF ONE-DAY MARRIAGE OFFICIANT.   THE SECRETARY,  OR
 HIS OR HER DESIGNEE, SHALL ISSUE ONE-DAY MARRIAGE OFFICIANT DESIGNATIONS
 TO LAYPERSONS OVER THE AGE OF EIGHTEEN REGARDLESS OF STATE RESIDENCE WHO
 INTEND  TO  PERFORM  A MARRIAGE SOLEMNIZATION CEREMONY WITHIN THE STATE.
 SUCH DESIGNATIONS SHALL ONLY BE  ISSUED  AFTER  AN  APPLICANT  REMITS  A
 COMPLETED  APPLICATION FORM AND FEE, BOTH TO BE DETERMINED BY THE SECRE-
 TARY. THE APPLICATION FORM SHALL REQUIRE THE FOLLOWING  INFORMATION  AND
 BE  ACCOMPANIED  BY  LEGAL  PROOF  OF IDENTIFICATION. FROM THE APPLICANT
 REQUESTING DESIGNATION: APPLICANT NAME, DATE OF  BIRTH,  LEGAL  ADDRESS,
 EMAIL  ADDRESS  AND  TELEPHONE NUMBER.   THE APPLICATION FORM SHALL ALSO
 REQUIRE THE NAMES, ADDRESSES AND  BIRTH  DATES  OF  THE  PARTIES  TO  BE
 MARRIED  AS THEY APPEAR ON THE APPLICATION FOR A MARRIAGE LICENSE ISSUED
 BY A TOWN OR CITY CLERK IN THE STATE, THE NAME  OF  THE  CITY,  TOWN  OR
 VILLAGE IN WHICH SUCH SOLEMNIZATION WILL BE PERFORMED AND THE EXACT DATE
 OF  THE  SOLEMNIZATION.  THE APPLICATION AND FEE MUST BE RECEIVED BY THE
 DEPARTMENT AT LEAST THIRTY DAYS BEFORE THE DATE  OF  THE  CEREMONY.  THE
 DEPARTMENT SHALL NOTIFY THE APPLICANT OF APPROVAL OF SUCH DESIGNATION NO
 LATER  THAN SEVEN DAYS PRIOR TO THE DATE OF THE MARRIAGE CEREMONY STATED
 ON THE APPLICATION. SUCH DESIGNATIONS SHALL ONLY BE VALID FOR THE  CERE-
 MONY  STATED ON THE APPLICATION AND SHALL EXPIRE UPON COMPLETION OF SUCH
 SOLEMNIZATION.
   § 6. 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.