The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
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                                  739--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sens. BIAGGI, RITCHIE -- read twice and ordered printed,
   and when printed to be committed to  the  Committee  on  Judiciary  --
   recommitted  to  the  Committee on Judiciary in accordance with Senate
   Rule  6,  sec.  8  --  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, 1-a, 2 and 3-a of section 11 of the domes-
 tic relations law, subdivision 1 as amended by chapter 95 of the laws of
 2011, subdivision 1-a as amended by chapter 96  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
 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-a.]  A
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD02858-02-2
 S. 739--A                           2
 
 refusal  by  a  clergyman  or  minister as defined in section two of the
 religious corporations law, or Society for  Ethical  Culture  leader  to
 solemnize  any  marriage under this subdivision shall not create a civil
 claim  or  cause  of  action  or result in any state or local government
 action to penalize, withhold benefits or discriminate against such cler-
 gyman or minister[.]; 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; OR,
   § 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
 S. 739--A                           3
 
 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
 306 of the laws of 2021, 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 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  inter-
 est  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],  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
 S. 739--A                           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.    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.