Bill Text: NY S08716 | 2019-2020 | General Assembly | Introduced

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

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-07-10 - REFERRED TO RULES [S08716 Detail]

Download: New_York-2019-S08716-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          8716

                    IN SENATE

                                      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:

     1    Section  1.  Section  13  of the domestic relations law, as amended by
     2  chapter 95 of the laws of 2011, is amended to read as follows:
     3    § 13. Marriage licenses. 1. It shall  be  necessary  for  all  persons
     4  intended  to  be  married in New York state to obtain a marriage license
     5  from a town or city clerk in New York state and to deliver said license,
     6  within sixty days, to the clergyman or magistrate who  is  to  officiate
     7  before  the  marriage  ceremony  may be performed. In case of a marriage
     8  contracted pursuant to subdivision four of section eleven of this [chap-
     9  ter] article, such license shall be delivered to the judge of the  court
    10  of record before whom the acknowledgment is to be taken. If either party
    11  to the marriage resides upon an island located not less than twenty-five
    12  miles  from  the  office  or  residence of the town clerk of the town of
    13  which such island is a part, and if such office or residence is  not  on
    14  such  island  such license may be obtained from any justice of the peace
    15  residing on such island, and such justice,  in  respect  to  powers  and
    16  duties relating to marriage licenses, shall be subject to the provisions
    17  of  this  article governing town clerks and shall file all statements or
    18  affidavits received by him while acting under  the  provisions  of  this
    19  section  with the town clerk of such town. No application for a marriage
    20  license shall be denied on the ground that the parties are of the  same,
    21  or a different, sex.
    22    2.  Any issuance of a marriage license application or marriage license
    23  is authorized to be performed utilizing audio-video technology  provided
    24  that the following conditions are met:
    25    (a)  the  couple  seeking  the  marriage services, shall present valid
    26  photo identification to verify identity whenever required by law  during
    27  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

     1    (b)  the  video  conference shall allow for direct interaction between
     2  the couple and the town or city clerk;
     3    (c)  the couple shall affirmatively represent that they are physically
     4  situated in the jurisdiction of the town or city clerk;
     5    (d) the couple shall transmit by fax or  electronic  means  a  legible
     6  copy  of  the  signed document directly to the town or city clerk on the
     7  same date it was signed;
     8    (e) the town or city clerk shall sign  the  transmitted  copy  of  the
     9  document  and  transmit  the same back to the person responsible for the
    10  document; and
    11    (f) to the extent practicable, all parties will use their best efforts
    12  to ensure the document is transmitted in the  most  confidential  manner
    13  and  information  will not be released to any third party not associated
    14  with the marriage license.
    15    The electronic signed copy of  the  marriage  license  application  or
    16  marriage  license  shall  be  the official document for purposes of this
    17  chapter. Local town and city clerks shall provide  guidance  related  to
    18  how  marriage  licensure applications and issuance is implemented in the
    19  jurisdiction of such clerk.
    20    § 2. This act shall take effect on the ninetieth day  after  it  shall
    21  have  become  a  law.    Effective  immediately, the addition, amendment
    22  and/or repeal of any rule or regulation necessary for the implementation
    23  of this act on  its  effective  date  are  authorized  to  be  made  and
    24  completed on or before such effective date.