NY State Senate Bill 2019-S430

Archive: Last Bill Status - In Senate Committee Judiciary 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to judiciary
Jan 09, 2019	referred to judiciary

co-Sponsors

2019-S430 (ACTIVE) - Details

See Assembly Version of this Bill:: A817
Current Committee:: Senate Judiciary
Law Section:: Domestic Relations Law
Laws Affected:: Amd §11, Dom Rel L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S4189, A8205
2017-2018: S1779, A2102

2019-S430 (ACTIVE) - Summary

Relates to the authorization of solemnization of marriages by a civil celebrant; establishes criteria to qualify as a civil celebrant.

2019-S430 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S430

SPONSOR: HOYLMAN
 
TITLE OF BILL:  An act to amend the domestic relations law, in
relation to solemnization of marriages by a civil celebrant

 
PURPOSE OF THE BILL:

The purpose of the bill is to expand the list of individuals authorized
to solemnize marriages by including civil celebrants who are trained and
certified to solemnize marriages.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill amends subdivision 1 of section 11 of the domestic
relations law to authorize a civil celebrant who is certified by the
Secretary of State to solemnize marriages. In addition, Section 1 adds a
new subsection 1-b to establish certification requirements and proce-
dures for certificate revocation.

Section 2 provides for this act to take effect immediately.

 
JUSTIFICATION:

Under the existing law, marriage may be solemnized by a clergyman or
minister of any religion, leaders of the Society for Ethical Culture,
and certain public officials and judges. This legislation would add to
this list of individuals civil celebrants who are properly trained and
certified to solemnize marriages.

According to a survey conducted by the Pew Research Center on Religion
and Public Life, nearly 16% of those polled said that they are unaffil-
iated with any particular religion. This number indicates a growing need
for ceremony professionals who can conduct wedding ceremonies outside
the confines of traditional religious institutions.

Civil celebrants are professional ceremony officiants who are trained
and educated on the history of celebrancy, ceremonial public speaking,
client relationships and interviewing, and other related areas. This
legislation recognizes the changing face of families by providing
couples of all backgrounds, traditions, cultures and faiths greater
choice in how they want to mark the beginning of their married life
together. Moreover, the certification requirements for civil celebrants
raise the level of professionalism by mandating successful completion of
education and training for all licensed celebrants.

 
PRIOR LEGISLATIVE HISTORY:

2017-18: S.1779 (Avella) - Passed Senate
2015-16: S.4189 (Avella) - Died in Judiciary

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S430 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    430
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by  Sen. HOYLMAN -- 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 solemnization
   of marriages by a civil celebrant

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Subdivision 1 of section 11 of the domestic relations law,
 as amended  by chapter 95 of the laws of 2011,  is  amended  and  a  new
 subdivision 1-b is added to read as follows:
   1.  A  clergyman or minister of any religion, A CIVIL CELEBRANT WHO IS
 CERTIFIED BY THE SECRETARY OF STATE TO SOLEMNIZE MARRIAGES AS SET  FORTH
 IN SUBDIVISION ONE-B OF THIS SECTION, 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 Manhattan, 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  Riverdale-Yonkers  Ethical
 Society having its principal office in Bronx county, or by the leader of
 any  other  Ethical Culture Society affiliated 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.
   1-B. A CIVIL CELEBRANT SHALL BE AUTHORIZED TO SOLEMNIZE  MARRIAGES  IF
 CERTIFIED TO DO SO BY THE SECRETARY OF STATE.
   (A) A CIVIL CELEBRANT SHALL RECEIVE A CERTIFICATION FROM THE SECRETARY
 OF STATE TO SOLEMNIZE MARRIAGES IF THE CELEBRANT:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD00100-01-9

 S. 430                              2
 
   (1) IS AT LEAST EIGHTEEN YEARS OF AGE AND HAS GRADUATED FROM A SECOND-
 ARY SCHOOL IN THE UNITED STATES;
   (2)  HAS COMPLETED A CIVIL CELEBRANT COURSE OFFERED BY A NON-DENOMINA-
 TIONAL OR EDUCATIONAL CHARITABLE ORGANIZATION THAT  IS  REGISTERED  WITH
 THE STATE AND WHICH COURSE:
   (I)  INCLUDES  CLASSES THAT MEET WEEKLY OR WITH MORE FREQUENCY, EITHER
 ADMINISTERED IN PERSON OR BY OTHER MEANS, OVER A PERIOD OF NOT LESS THAN
 SIX MONTHS; AND
   (II) EDUCATES ON TOPICS  INCLUDING,  BUT  NOT  LIMITED  TO,  CELEBRANT
 PHILOSOPHY  AND  HISTORY, CEREMONIAL STRUCTURE, AND CEREMONIAL PRESENTA-
 TIONS; AND
   (3)(I) SUBMITS A COMPLETED APPLICATION FORM, DEVELOPED BY  THE  SECRE-
 TARY  OF  STATE  PURSUANT  TO  REGULATION,  WHICH  INCLUDES THE NAME AND
 ADDRESS OF THE CELEBRANT-APPLICANT ALONG WITH ANY OTHER RELEVANT  INFOR-
 MATION  ON  THE  CELEBRANT-APPLICANT REQUIRED BY THE SECRETARY OF STATE,
 AND SUPPORTING DOCUMENTATION WITH RESPECT TO ALL CERTIFICATION  REQUIRE-
 MENTS SET FORTH IN THIS SUBDIVISION; AND
   (II)  PAYS  TO  THE DEPARTMENT OF STATE, AT THE TIME OF SUBMITTING THE
 COMPLETED APPLICATION, A FEE OF NOT LESS THAN FIFTY DOLLARS OR MORE THAN
 SEVENTY-FIVE DOLLARS, AS DETERMINED BY THE SECRETARY OF STATE  BY  REGU-
 LATION,  TO COVER COSTS FOR PROCESSING APPLICATIONS, PRODUCING AND ISSU-
 ING CERTIFICATES, AND MAINTAINING RECORDS ON  APPLICATIONS  AND  CERTIF-
 ICATES ISSUED OR DENIED.
   (B)(1)  A  CELEBRANT-APPLICANT  SHALL  NOT  BE AUTHORIZED TO SOLEMNIZE
 MARRIAGES UNTIL THE APPLICATION FOR CERTIFICATION IS  APPROVED  AND  THE
 CERTIFICATE RECEIVED FROM THE SECRETARY OF STATE.
   (2) A CIVIL CELEBRANT WHO HAS RECEIVED A CERTIFICATION FROM THE SECRE-
 TARY  OF  STATE  MAY  HAVE THAT CERTIFICATION REVOKED, THROUGH A HEARING
 BEFORE AN ADMINISTRATIVE LAW JUDGE, IF THE SECRETARY OF STATE DETERMINES
 THAT ANY INFORMATION PROVIDED IN THE CELEBRANT'S APPLICATION WAS INACCU-
 RATE OR OTHERWISE DID NOT COMPLY WITH THE CERTIFICATION REQUIREMENTS SET
 FORTH IN THIS SUBDIVISION. A CIVIL CELEBRANT  SUBJECT  TO  A  REVOCATION
 HEARING  BEFORE  AN ADMINISTRATIVE LAW JUDGE OR ANY APPEAL THEREOF SHALL
 NOT BE AUTHORIZED TO SOLEMNIZE MARRIAGES AND SHALL ONLY AGAIN BE AUTHOR-
 IZED TO DO SO IF A FINAL DETERMINATION  IS  MADE  PERMITTING  THE  CIVIL
 CELEBRANT TO RETAIN THE CERTIFICATION.
   § 2. This act shall take effect immediately.

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Senate Bill S430

Sponsored By

Archive: Last Bill Status - In Senate Committee Judiciary Committee

co-Sponsors

2019-S430 (ACTIVE) - Details

2019-S430 (ACTIVE) - Summary

2019-S430 (ACTIVE) - Sponsor Memo

2019-S430 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S430

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Sponsored By

Brad Hoylman-Sigal

Archive: Last Bill Status - In Senate Committee Judiciary Committee

co-Sponsors

Anna M. Kaplan

2019-S430 (ACTIVE) - Details

2019-S430 (ACTIVE) - Summary

2019-S430 (ACTIVE) - Sponsor Memo

2019-S430 (ACTIVE) - Bill Text download pdf

Comments