Bill Text: NY A09315 | 2013-2014 | General Assembly | Introduced

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Bill Title: Provides that a judge or peacemaker judge of any Indian tribal court, a chief, a headman, or any member of any tribal body of any nation, tribe or band of Indians in this state, duly designated for purpose of officiating at marriages, may solemnize a marriage.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2014-11-21 - signed chap.450 [A09315 Detail]

Download: New_York-2013-A09315-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         9315
                                 I N  A S S E M B L Y
                                     April 8, 2014
                                      ___________
       Introduced  by  M.  of  A. RUSSELL -- (at request of the Office of Court
         Administration) -- read once and referred to the Committee on  Judici-
         ary
       AN  ACT  to  amend  the  domestic  relations  law and the Indian law, in
         relation to solemnization of marriage by certain officials on an Indi-
         an reservation
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Section  11  of  the domestic relations law is amended by
    2  adding a new subdivision 3-a to read as follows:
    3    3-A. A JUDGE OR PEACEMAKER JUDGE OF ANY INDIAN TRIBAL COURT, A  CHIEF,
    4  A  HEADMAN,  OR ANY MEMBER OF ANY TRIBAL COUNCIL OR OTHER GOVERNING BODY
    5  OF ANY NATION, TRIBE OR BAND OF INDIANS IN THIS STATE DULY DESIGNATED BY
    6  SUCH BODY FOR THE PURPOSE OF OFFICIATING  AT  MARRIAGES,  OR  ANY  OTHER
    7  PERSONS  DULY  DESIGNATED  BY SUCH BODY, IN KEEPING WITH THE CULTURE AND
    8  TRADITIONS OF ANY SUCH NATION, TRIBE OR BAND OF INDIANS IN  THIS  STATE,
    9  TO OFFICIATE AT MARRIAGES.
   10    S  2.  Subdivision  6  of section 11 of the domestic relations law, as
   11  amended by chapter 39 of the  laws  of  1991,  is  amended  to  read  as
   12  follows:
   13    6. Notwithstanding any other provisions of this article to the contra-
   14  ry no marriage shall be solemnized by a public officer specified in this
   15  section,  other  than a judge of a federal district court for the north-
   16  ern, southern, eastern or western district of New York, a judge  of  the
   17  United States court of international trade, a federal administrative law
   18  judge  presiding  in this state, a judge or justice of the unified court
   19  system of this [State] STATE, a housing judge of the civil court of  the
   20  city  of  New  York,  or a retired judge or justice of the unified court
   21  system or a retired housing judge of the civil court certified  pursuant
   22  to paragraph (k) of subdivision two of section two hundred twelve of the
   23  judiciary  law,  NOR  BY  ANY  OF  THE  PERSONS SPECIFIED IN SUBDIVISION
   24  THREE-A OF THIS SECTION, outside the territorial jurisdiction  in  which
   25  he or she was elected [or], appointed OR DULY DESIGNATED.  Such a public
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD13654-01-4
       A. 9315                             2
    1  officer,  however,  elected or appointed within the city of New York may
    2  solemnize a marriage anywhere within such city.
    3    S  3.  Section  4  of the Indian law, as amended by chapter 229 of the
    4  laws of 1957 and as renumbered by chapter 174 of the laws  of  2013,  is
    5  amended to read as follows:
    6    S  4.  Marriage  and  divorce.  The  laws of the state relating to the
    7  capacity to contract marriage, the solemnization of marriage, the annul-
    8  ment of the marriage contract, and divorce, are applicable  to  Indians;
    9  and subject to the jurisdiction of the peacemakers' courts of the Seneca
   10  nation  to  grant  divorces,  the same courts shall have jurisdiction of
   11  actions arising thereunder. But Indians who have  heretofore  [contract]
   12  CONTRACTED  marriage  according to the Indian custom or usage, and shall
   13  cohabit as husband and wife, shall be deemed lawfully married.  [Indian]
   14  AS PROVIDED BY SUBDIVISION THREE-A OF SECTION  ELEVEN  OF  THE  DOMESTIC
   15  RELATIONS  LAW, marriages may be solemnized by [peacemakers within their
   16  jurisdiction with the same force and effect  as  by  a  justice  of  the
   17  peace]  A JUDGE OR PEACEMAKER JUDGE OF ANY INDIAN TRIBAL COURT, A CHIEF,
   18  A HEADMAN, OR ANY MEMBER OF ANY TRIBAL COUNCIL OR OTHER  GOVERNING  BODY
   19  OF ANY NATION, TRIBE OR BAND OF INDIANS IN THIS STATE DULY DESIGNATED BY
   20  SUCH BODY FOR THAT PURPOSE, OR ANY OTHER PERSONS DULY DESIGNATED BY SUCH
   21  BODY,  IN  KEEPING  WITH  THE CULTURE AND TRADITIONS OF ANY SUCH NATION,
   22  TRIBE OR BAND OF INDIANS IN THIS STATE, TO OFFICIATE AT MARRIAGES.
   23    S 4. This act shall take effect immediately.