Bill Text: NY A02102 | 2017-2018 | General Assembly | Introduced

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

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-06-20 - substituted by s1779 [A02102 Detail]

Download: New_York-2017-A02102-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          2102
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    January 17, 2017
                                       ___________
        Introduced by M. of A. JOYNER -- read once and referred 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:
     1    Section 1. Subdivision 1 of section 11 of the domestic  relation  law,
     2  as  amended    by  chapter  95 of the laws of 2011, is amended and a new
     3  subdivision 1-b is added to read as follows:
     4    1. A clergyman or minister of any religion, a civil celebrant  who  is
     5  certified  by the secretary of state to solemnize marriages as set forth
     6  in subdivision one-b of this section, or by the senior leader, or any of
     7  the other leaders, of The Society for Ethical Culture in the city of New
     8  York, having its principal office in the borough of Manhattan, or by the
     9  leader of The Brooklyn Society for Ethical Culture, having its principal
    10  office in the borough of Brooklyn of the city of New  York,  or  of  the
    11  Westchester  Ethical Society, having its principal office in Westchester
    12  county, or of the Ethical Culture Society of  Long  Island,  having  its
    13  principal  office  in Nassau county, or of the Riverdale-Yonkers Ethical
    14  Society having its principal office in Bronx county, or by the leader of
    15  any other Ethical Culture Society affiliated with the  American  Ethical
    16  Union;  provided that no clergyman or minister as defined in section two
    17  of the religious corporations law, or Society for Ethical Culture leader
    18  shall be required to solemnize any marriage when acting in  his  or  her
    19  capacity under this subdivision.
    20    1-b.  A  civil celebrant shall be authorized to solemnize marriages if
    21  certified to do so by the secretary of state.
    22    (a) A civil celebrant shall receive a certification from the secretary
    23  of state to solemnize marriages if the celebrant:
    24    (1) is at least eighteen years of age and has graduated from a second-
    25  ary school in the United States;
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01009-01-7
        A. 2102                             2
     1    (2) has completed a civil celebrant course offered by a  non-denomina-
     2  tional  or  educational  charitable organization that is registered with
     3  the state and which course:
     4    (i)  includes  classes that meet weekly or with more frequency, either
     5  administered in person or by other means, over a period of not less than
     6  six months; and
     7    (ii) educates on topics  including,  but  not  limited  to,  celebrant
     8  philosophy  and  history, ceremonial structure, and ceremonial presenta-
     9  tions; and
    10    (3)(i) submits a completed application form, developed by  the  secre-
    11  tary  of  state  pursuant  to  regulation,  which  includes the name and
    12  address of the celebrant-applicant along with any other relevant  infor-
    13  mation  on  the  celebrant-applicant required by the secretary of state,
    14  and supporting documentation with respect to all certification  require-
    15  ments set forth in this subdivision; and
    16    (ii)  pays  to  the department of state, at the time of submitting the
    17  completed application, a fee of not less than fifty dollars or more than
    18  seventy-five dollars, as determined by the secretary of state  by  regu-
    19  lation,  to cover costs for processing applications, producing and issu-
    20  ing certificates, and maintaining records on  applications  and  certif-
    21  icates issued or denied.
    22    (b)(1)  A  celebrant-applicant  shall  not  be authorized to solemnize
    23  marriages until the application for certification is  approved  and  the
    24  certificate received from the secretary of state.
    25    (2) A civil celebrant who has received a certification from the secre-
    26  tary  of  state  may  have that certification revoked, through a hearing
    27  before an administrative law judge, if the secretary of state determines
    28  that any information provided in the celebrant's application was inaccu-
    29  rate or otherwise did not comply with the certification requirements set
    30  forth in this subdivision. A civil celebrant  subject  to  a  revocation
    31  hearing  before  an administrative law judge or any appeal thereof shall
    32  not be authorized to solemnize marriages and shall only again be author-
    33  ized to do so if a final determination  is  made  permitting  the  civil
    34  celebrant to retain the certification.
    35    § 2. This act shall take effect immediately.