NY State Senate Bill 2019-S8716

Senate Bill S8716

2019-2020 Legislative Session

Relates to permitting issuance of a marriage license application or marriage license to be performed utilizing audio-video technology

download bill text pdf

Archive: Last Bill Status - In Senate Committee Rules 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
Jul 10, 2020	referred to rules

2019-S8716 (ACTIVE) - Details

Current Committee:: Senate Rules
Law Section:: Domestic Relations Law
Laws Affected:: Amd §13, Dom Rel L
Versions Introduced in 2021-2022 Legislative Session:: S3891

2019-S8716 (ACTIVE) - Summary

Permits issuance of a marriage license application or marriage license to be performed by a town or city clerk utilizing audio-video technology.

2019-S8716 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8716

SPONSOR: KENNEDY
 
TITLE OF BILL:

An act to amend the domestic relations law, in relation to permitting
issuance of a marriage license application or marriage license to be
performed utilizing audio-video technology

 
PURPOSE:

This bill amends the domestic relations law to allow for marriage appli-
cations and licenses to be performed using audio-video technology.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one amends section 13 of the domestic relations law to allow for
marriage license applications and marriage licenses to be issued through
the use of audio-video technology and sets out the additional require-
ments.

Section two sets the effective date.

 
JUSTIFICATION:

Since the onset of COVID-19, life has changed for all New Yorkers.  This
pandemic has shown that New York has the capabilities to make government
and services more accessible to everyone. We now live in a technolog-
ically advanced climate, capable of updating requirements of in-person
meetings to remote or virtual meetings. This legislation will modernize
the process for New Yorkers who are looking to get married, and it will
increase access to government services, not just during this pandemic,
but in perpetuity.

Every year, individuals must take a full day off of work, or school, or
their respective obligations, in order to meet New York State's in-per-
son marriage license application requirement in their local clerk's
office. We have shown that we, as a state, have the technological capa-
bilities to supplement these in-person visits, and can now perform them
virtually, as long as all necessary criteria are met. While for many
this happy time is a celebration, for many New Yorkers, it often
presents a number of issues surrounding inaccessibility, from work to
actually physically getting to the location of these services.

Since the worldwide effects of the COVID-19 pandemic have created diffi-
culties for in-person meetings, many New Yorkers should have the option
to apply for marriage licenses virtually or remotely, if all the neces-
sary criteria are met. At a time when we are collectively experiencing
these difficulties and barriers, we have an opportunity to improve the
services our state provides and make them more accessible for everyone.

 
LEGISLATIVE HISTORY:

New legislation

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take immediately.

2019-S8716 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8716
 
                             I N  S E N A T E
 
                               July 10, 2020
                                ___________
 
 Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the domestic relations law, in  relation  to  permitting
   issuance  of  a marriage license application or marriage license to be
   performed utilizing audio-video technology
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  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. 1. 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 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 [chap-
 ter] ARTICLE, 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 different, sex.
   2.  ANY ISSUANCE OF A MARRIAGE LICENSE APPLICATION OR MARRIAGE LICENSE
 IS AUTHORIZED TO BE PERFORMED UTILIZING AUDIO-VIDEO TECHNOLOGY  PROVIDED
 THAT THE FOLLOWING CONDITIONS ARE MET:
   (A)  THE  COUPLE  SEEKING  THE  MARRIAGE SERVICES, SHALL PRESENT VALID
 PHOTO IDENTIFICATION TO VERIFY IDENTITY WHENEVER REQUIRED BY LAW  DURING
 THE VIDEO CONFERENCE;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD16834-01-0

 S. 8716                             2
 
   (B)  THE  VIDEO  CONFERENCE SHALL ALLOW FOR DIRECT INTERACTION BETWEEN
 THE COUPLE AND THE TOWN OR CITY CLERK;
   (C)  THE COUPLE SHALL AFFIRMATIVELY REPRESENT THAT THEY ARE PHYSICALLY
 SITUATED IN THE JURISDICTION OF THE TOWN OR CITY CLERK;
   (D) THE COUPLE SHALL TRANSMIT BY FAX OR  ELECTRONIC  MEANS  A  LEGIBLE
 COPY  OF  THE  SIGNED DOCUMENT DIRECTLY TO THE TOWN OR CITY CLERK ON THE
 SAME DATE IT WAS SIGNED;
   (E) THE TOWN OR CITY CLERK SHALL SIGN  THE  TRANSMITTED  COPY  OF  THE
 DOCUMENT  AND  TRANSMIT  THE SAME BACK TO THE PERSON RESPONSIBLE FOR THE
 DOCUMENT; AND
   (F) TO THE EXTENT PRACTICABLE, ALL PARTIES WILL USE THEIR BEST EFFORTS
 TO ENSURE THE DOCUMENT IS TRANSMITTED IN THE  MOST  CONFIDENTIAL  MANNER
 AND  INFORMATION  WILL NOT BE RELEASED TO ANY THIRD PARTY NOT ASSOCIATED
 WITH THE MARRIAGE LICENSE.
   THE ELECTRONIC SIGNED COPY OF  THE  MARRIAGE  LICENSE  APPLICATION  OR
 MARRIAGE  LICENSE  SHALL  BE  THE OFFICIAL DOCUMENT FOR PURPOSES OF THIS
 CHAPTER. LOCAL TOWN AND CITY CLERKS SHALL PROVIDE  GUIDANCE  RELATED  TO
 HOW  MARRIAGE  LICENSURE APPLICATIONS AND ISSUANCE IS IMPLEMENTED IN THE
 JURISDICTION OF SUCH CLERK.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have  become  a  law.    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  to  be  made  and
 completed on or before such effective date.

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