S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    55
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by  M. of A. BUCHWALD, SANTABARBARA, PEOPLES-STOKES, CRESPO,
   STEC, HAWLEY, RAIA, JEAN-PIERRE,  BLAKE,  ABBATE,  WEPRIN,  PALMESANO,
   PALUMBO  --  Multi-Sponsored  by  --  M.  of  A. BARCLAY, ENGLEBRIGHT,
   GIGLIO, RAMOS, 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 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
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD00461-01-9

 A. 55                               2
 
 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.