NY State Senate Bill 2017-S1963A

Senate Bill S1963A

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

download bill text pdf

Archive: Last Bill Status - In Senate Committee Finance 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

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 15, 2017	reported and committed to finance
Feb 24, 2017	print number 1963a
Feb 24, 2017	amend and recommit to judiciary
Jan 11, 2017	referred to judiciary

Votes

- Mar 14, 2017 - Judiciary Committee Vote
  S1963A
  
  22
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  1
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Judiciary Committee Vote: Mar 14, 2017
      
      aye (22)
      
      Amedore
      
      Avella
      
      Bailey
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Croci
      
      Diaz
      
      Hamilton
      
      Hannon
      
      Hoylman-Sigal
      
      Jacobs
      
      Kaminsky
      
      LaValle
      
      Lanza
      
      Montgomery
      
      O'Mara
      
      Phillips
      
      Ranzenhofer
      
      Savino
      
      Serino
      
      Stavisky
      
      absent (1)
      
      Dilan

Bill Amendments

Original

A (Active)

2017-S1963 - Details

See Assembly Version of this Bill:: A1268
Current Committee:: Senate Finance
Law Section:: Domestic Relations Law
Laws Affected:: Amd §§14-a & 15, Dom Rel L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S6808, A9645
2019-2020: A55

2017-S1963 - 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-S1963 - Sponsor Memo

                                 BILL NUMBER:  S1963          Revised 2/2/17

 TITLE OF BILL :  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

 PURPOSE :

This bill waives the state fee for marriage licenses for active duty
members of the armed forces and allows the local governments to do the
same if they choose to.

 SUMMARY OF PROVISIONS :

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:

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. Provided, however, that a town or city may elect to waive such fee
when either of the parties applying for such license is an active
member of the armed forces of the United States on active duty.

 EXISTING LAW :

None

 JUSTIFICATION :

Everyday, New Yorkers wake up knowing that this great nation is safe
from those who would take away our freedoms. These freedoms exist
because of our military and more specifically the young men and women
who chose to actively serve. Their commitment to our nation and the
communities we live in have never been stronger.  Those of us serving
in the New York State legislature can show our appreciation by giving
back to them.

This bill simply says thank you to any man or women actively serving
and wishes to get married in New York State. It waives the state
portion of marriage license fees for young men and women who are
actively serving in our military and provides local governments the
option to do the same. It is but a small gesture to show our gratitude
and thanks for their service.

 LEGISLATIVE HISTORY :

02/24/16 REFERRED TO JUDICIARY
05/24/16 REPORTED TO FINANCE

 FISCAL IMPLICATIONS :

To be determined

 LOCAL FISCAL IMPLICATIONS :

To be determined

 EFFECTIVE DATE :
This bill shall take effect immediately

2017-S1963 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1963
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 11, 2017
                                ___________
 
 Introduced  by  Sen. LATIMER -- read twice and ordered printed, and when
   printed to be committed 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
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD01149-01-7

 S. 1963                             2
 
 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

2017-S1963A (ACTIVE) - Details

See Assembly Version of this Bill:: A1268
Current Committee:: Senate Finance
Law Section:: Domestic Relations Law
Laws Affected:: Amd §§14-a & 15, Dom Rel L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S6808, A9645
2019-2020: A55

2017-S1963A (ACTIVE) - Summary

2017-S1963A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S1963A

 TITLE OF BILL :  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

 PURPOSE :

This bill waives the state fee for marriage licenses for active duty
members of the armed forces and allows the local governments to do the
same if they choose to.

 SUMMARY OF PROVISIONS :

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:

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. Provided, however, that a town or city may elect to waive such fee
when either of the parties applying for such license is an active
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

 EXISTING LAW :

None

 JUSTIFICATION :

Everyday, New Yorkers wake up knowing that this great nation is safe
from those who would take away our freedoms. These freedoms exist
because of our military and more specifically the young men and women
who chose to actively serve. Their commitment to our nation and the
communities we live in have never been stronger.  Those of us serving
in the New York State legislature can show our appreciation by giving
back to them.

This bill simply says thank you to any man or women actively serving
and wishes to get married in New York State. It waives the state
portion of marriage license fees for young men and women who are
actively serving in our military and provides local governments the
option to do the same. It is but a small gesture to show our gratitude
and thanks for their service.

 LEGISLATIVE HISTORY :

02/24/16 REFERRED TO JUDICIARY
05/24/16 REPORTED TO FINANCE

 FISCAL IMPLICATIONS :

To be determined
 LOCAL FISCAL IMPLICATIONS :

To be determined

 EFFECTIVE DATE :
This bill shall take effect immediately

2017-S1963A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1963--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 11, 2017
                                ___________
 
 Introduced  by  Sen. LATIMER -- read twice and ordered printed, and when
   printed to be committed 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
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD01149-05-7

 S. 1963--A                          2
 
 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.

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