Bill Text: NJ A583 | 2024-2025 | Regular Session | Introduced
Bill Title: Permits deputy clerks to perform marriages.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced) 2024-01-09 - Introduced, Referred to Assembly Judiciary Committee [A583 Detail]
Download: New_Jersey-2024-A583-Introduced.html
STATE OF NEW JERSEY
221st LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2024 SESSION
Sponsored by:
Assemblyman STERLEY S. STANLEY
District 18 (Middlesex)
Assemblyman JOE DANIELSEN
District 17 (Middlesex and Somerset)
Co-Sponsored by:
Assemblyman Atkins
SYNOPSIS
Permits deputy clerks to perform marriages.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning the duties of deputy clerks of counties and municipalities and amending R.S.37:1-13.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. R.S.37:1-13 is amended to read as follows:
37:1-13. a. Authorization to solemnize marriages and civil unions.
[Each] The following persons are hereby authorized to solemnize marriages or civil unions between such persons as may lawfully enter into the matrimonial relation or civil union:
(1) any judge of the United States Court of Appeals for the Third Circuit[,] ;
[each] (2) any judge of a federal district court[,];
(3) any United States magistrate[,] judge;
(4) any judge of a municipal court[,];
(5) any judge of the Superior Court[,];
(6) any judge of the Tax Court[,];
(7) any administrative law judge[,];
(8) any retired judge of the Superior Court or Tax Court[,];
(9) any retired administrative law judge[, or judge of the Superior Court or Tax Court,];
(10) any judge of the former County Court, the former County Juvenile and Domestic Relations Court, or the former County District Court who has resigned in good standing[,];
(11) a surrogate of any county[,];
(12) any county clerk, or deputy county clerk;
[and] (13) any mayor or former mayor not currently serving on the municipal governing body or the deputy mayor when authorized by the mayor[,];
[or] (14) the chairman of any township committee or village president of this State[,];
[every] (15) any member of the clergy of [every] any religion[,]; and
(16) any civil celebrant who is certified by the Secretary of State to solemnize marriages or civil unions as set forth in subsection b. of this section[, are hereby authorized to solemnize marriages or civil unions between such persons as may lawfully enter into the matrimonial relation or civil union; and every].
Every religious society, institution, or organization in this State may join together in marriage or civil union such persons according to the rules and customs of the society, institution or organization.
b. A civil celebrant shall be authorized to solemnize marriages or civil unions if certified to do so by the Secretary of State.
(1) A civil celebrant shall receive a certification from the Secretary of State to solemnize marriages or civil unions if the celebrant:
(a) is at least 18 years of age and has graduated from a secondary school in this State or another state;
(b) has completed a civil celebrant course offered by a non-denominational or educational charitable organization that is registered with the State under the "Charitable Registration and Investigation Act," P.L.1994, c.16 (C.45:17A-18 et seq.), 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 presentations; and
(c) (i) submits a completed application form, developed by the secretary pursuant to regulation, which includes the name and address of the celebrant-applicant along with any other relevant information on the celebrant-applicant required by the secretary, and supporting documentation with respect to all certification requirements set forth in this subsection; and
(ii) pays to the Department of State, at the time of submitting the completed application, a fee of not less than $50 or more than $75, as determined by the secretary by regulation, to cover costs for processing applications, producing and issuing certificates, and maintaining records on applications and certificates issued or denied.
(2) (a) A celebrant-applicant shall not be authorized to solemnize marriages or civil unions until the application for certification is approved and the certificate received from the secretary.
(b) A civil celebrant who has received a certification from the secretary may have that certification revoked, through a hearing before an administrative law judge, if the secretary determines that any information provided in the celebrant's application was inaccurate or otherwise did not comply with the certification requirements set forth in this subsection. A civil celebrant subject to a revocation hearing before an administrative law judge or any appeal thereof shall not be authorized to solemnize marriages or civil unions, and shall only again be authorized to do so if a final determination is made permitting the civil celebrant to retain the certification.
(cf: P.L.2016, c.61, s.1)
2. This act shall take
effect immediately.
STATEMENT
This bill expands the list of public officials that may perform marriages or civil union ceremonies to include deputy county clerks.
Currently, the public officials that may perform ceremonies include: judges (the United States Court of Appeals for the Third Circuit, any federal district court, United States magistrate, municipal court, Superior Court, Tax Court, and administrative law); retired judges (Superior Court, Tax Court, and retired administrative law); former judges of courts that are no longer in existence, who resigned in good standing (the former County Court, the former County Juvenile and Domestic Relations Court, or the former County District Court); surrogates of any county; county clerks; and any mayor or former mayor not currently serving on the municipal governing body or the deputy mayor when authorized by the mayor; or chairman of any township committee or village president of this State.
