Assembly Bill A1357

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1357
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 9, 2025
                                ___________
 
 Introduced by M. of A. ROSENTHAL, R. CARROLL, ZINERMAN, LUNSFORD -- read
   once and referred to the Committee on Judiciary
 
 AN  ACT  to  amend the domestic relations law, in relation to permitting
   the witnessing and solemnization of a marriage ceremony and the  issu-
   ance  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  12  of the domestic relations law, as amended by
 chapter 68 of the laws of 2023, is amended to read as follows:
   § 12. Marriage, how solemnized.  1. No particular form or ceremony  is
 required  when a marriage is solemnized as herein provided by a [clergy-
 man] MEMBER OF THE CLERGY or magistrate, or one-day  marriage  officiant
 as  designated  by  a town or city clerk pursuant to section eleven-d of
 this article, but the parties must solemnly declare in the presence of a
 [clergyman] MEMBER OF THE CLERGY, magistrate, or such  one-day  marriage
 officiant  and  the  attending  witness or witnesses that they take each
 other as spouses. In every case, at least one witness beside the  [cler-
 gyman]  MEMBER OF THE CLERGY, magistrate, or such one-day marriage offi-
 ciant must be present at the ceremony.
   2. THE WITNESSING OR SOLEMNIZING OF THE CEREMONY 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;
   (B) THE VIDEO CONFERENCE SHALL ALLOW FOR  DIRECT  INTERACTION  BETWEEN
 THE  COUPLE  AND THE WITNESS OR WITNESSES AND THE PERSON SOLEMNIZING THE
 MARRIAGE;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04215-01-5
 A. 1357                             2
 
              

   (C) THE COUPLE SHALL AFFIRMATIVELY REPRESENT THAT THEY ARE  PHYSICALLY
 SITUATED  IN  THE  JURISDICTION WHERE THE MARRIAGE IS LEGALLY ALLOWED TO
 OCCUR WITHIN THE STATE;
   (D)  THE  COUPLE  SHALL  TRANSMIT BY FAX OR ELECTRONIC MEANS A LEGIBLE
 COPY OF THE SIGNED MARRIAGE LICENSE DIRECTLY TO THE WITNESS OR WITNESSES
 AND THE PERSON SOLEMNIZING THE MARRIAGE ON THE SAME DATE IT WAS SIGNED;
   (E) THE WITNESS OR WITNESSES AND THE PERSON SOLEMNIZING  THE  MARRIAGE
 SHALL SIGN THE TRANSMITTED COPY OF THE MARRIAGE LICENSE AND TRANSMIT THE
 SAME BACK TO THE PERSON RESPONSIBLE FOR THE MARRIAGE LICENSE; AND
   (F)  TO  THE  EXTENT  PRACTICABLE,  ALL  PARTIES  SHALL USE THEIR BEST
 EFFORTS TO ENSURE THE MARRIAGE LICENSE IS TRANSMITTED IN THE MOST CONFI-
 DENTIAL MANNER AND INFORMATION WILL NOT BE RELEASED TO ANY  THIRD  PARTY
 NOT ASSOCIATED WITH THE MARRIAGE LICENSE AND MARRIAGE CEREMONY.
   3.  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  solemniz-
 ing marriages; but such marriages must be solemnized in the manner here-
 tofore  used  and  practiced  in  their  respective societies or denomi-
 nations, and marriages so solemnized  shall  be  as  valid  as  if  this
 article had not been enacted.
   §  2.  Section 13 of the domestic relations law, as amended by chapter
 68 of the laws of 2023, 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] MEMBER OF THE CLERGY,  magistrate,
 or  one-day  marriage  officiant  as  designated by a town or city clerk
 pursuant to section eleven-d of this article 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]
 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]  SUCH  JUSTICE  while  acting  under the
 provisions of this section with the town clerk of such town. No applica-
 tion 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;
   (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;
 A. 1357                             3
 
   (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.
   §  3.  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.