Bill Text: NY A09258 | 2013-2014 | General Assembly | Introduced

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Bill Title: Relates to the duty of the town and city clerks when an application for a marriage license is made; provides that in cities or towns, the verified statements and affidavits may be made before any regular clerk or designee of the clerk's office.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2014-06-19 - substituted by s6942 [A09258 Detail]

Download: New_York-2013-A09258-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
           S. 6942                                                  A. 9258
                             S E N A T E - A S S E M B L Y
                                     April 4, 2014
                                      ___________
       IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
         ed, and when printed to be committed to the Committee on Judiciary
       IN  ASSEMBLY  -- Introduced by M. of A. THIELE -- read once and referred
         to the Committee on Judiciary
       AN ACT to amend the domestic relations law, in relation to the  duty  of
         town and city clerks
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Paragraph (a) of subdivision 1 of section 15 of the  domes-
    2  tic  relations  law,  as  amended by chapter 398 of the laws of 1997, is
    3  amended to read as follows:
    4    (a)  It shall be the duty of the town or city clerk when  an  applica-
    5  tion for a marriage license is made to him or her to require each of the
    6  contracting  parties  to sign and verify a statement or affidavit before
    7  such clerk or one of his  or  her  deputies,  containing  the  following
    8  information.  From the groom:  Full name of husband, place of residence,
    9  social security number, age, occupation, place of birth, name of father,
   10  country  of  birth,  maiden  name of mother, country of birth, number of
   11  marriage.  From the bride:   Full name of  bride,  place  of  residence,
   12  social security number, age, occupation, place of birth, name of father,
   13  country  of  birth,  maiden  name of mother, country of birth, number of
   14  marriage.  The said clerk shall also embody in the statement  if  either
   15  or  both  of the applicants have been previously married, a statement as
   16  to whether the former husband or husbands or the former wife or wives of
   17  the respective applicants are living or dead and as to whether either or
   18  both of said applicants are divorced persons, if so, when and where  and
   19  against  whom the divorce or divorces were granted and shall also embody
   20  therein a statement that no legal impediment exists as to the  right  of
   21  each  of  the  applicants to enter into the marriage state.  The town or
   22  city clerk is hereby given full power and authority to administer  oaths
   23  and  may require the applicants to produce witnesses to identify them or
   24  either of them and may examine under oath or otherwise  other  witnesses
   25  as to any material inquiry pertaining to the issuing of the license, and
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD14125-02-4
       S. 6942                             2                            A. 9258
    1  if  the  applicant  is  a divorced person the clerk may also require the
    2  production of a certified copy of the decree of the divorce, or proof of
    3  an existing marriage of parties who apply for a license to be used for a
    4  second or subsequent ceremony; provided, however, that in cities [of the
    5  first class] OR TOWNS the verified statements and affidavits may be made
    6  before  any  regular  clerk  OR  DESIGNEE  of  the [city] clerk's office
    7  [designated for that purpose by the city clerk].
    8    S 2. This act shall take effect immediately.