Bill Text: NY S01013 | 2017-2018 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Authorizes certain military personnel who are scheduled to be deployed within thirty days to get married within twenty-four hours of receiving a marriage license.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Engrossed - Dead) 2018-05-15 - referred to judiciary [S01013 Detail]

Download: New_York-2017-S01013-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          1013
                               2017-2018 Regular Sessions
                    IN SENATE
                                     January 6, 2017
                                       ___________
        Introduced  by  Sen.  ROBACH -- read twice and ordered printed, and when
          printed to be committed to the Committee on Veterans, Homeland Securi-
          ty and Military Affairs
        AN ACT to amend the domestic relations law and  the  executive  law,  in
          relation to allowing marriages within twenty-four hours of receiving a
          marriage license
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Section 13-b of the domestic relations law, as  amended  by
     2  chapter 652 of the laws of 2007, is amended to read as follows:
     3    § 13-b. Time within which marriage may be solemnized. [A] 1. Except as
     4  provided  in  subdivision  two  of this section, a marriage shall not be
     5  solemnized within twenty-four hours after the issuance of  the  marriage
     6  license,  unless  authorized by an order of a court of record as herein-
     7  after provided, nor shall it be solemnized after  sixty  days  from  the
     8  date  of the issuance of the marriage license unless authorized pursuant
     9  to section three hundred fifty-four-d  of  the  executive  law.    Every
    10  license  to  marry hereafter issued by a town or city clerk, in addition
    11  to other requirements specified by this chapter, must contain  a  state-
    12  ment of the day and the hour the license is issued and the period during
    13  which  the marriage may be solemnized. It shall be the duty of the cler-
    14  gyman or magistrate performing the marriage ceremony, or if the marriage
    15  is solemnized by written contract, of the judge before whom the contract
    16  is acknowledged, to annex to or endorse upon the  marriage  license  the
    17  date  and  hour  the  marriage  is solemnized. A judge or justice of the
    18  supreme court of this state or the county judge of the county  in  which
    19  either  party  to  be married resides, or if such party is under sixteen
    20  years of age, the judge of the family court of such county, if it  shall
    21  appear from an examination of the license and any other proofs submitted
    22  by  the  parties that one of the parties is in danger of imminent death,
    23  or by reason of other emergency public interest will be promoted  there-
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02887-01-7
        S. 1013                             2
     1  by,  or  that  such delay will work irreparable injury or great hardship
     2  upon the contracting parties, or one of them, may make an order  author-
     3  izing  the  immediate solemnization of the marriage and upon filing such
     4  order with the clergyman or magistrate performing the marriage ceremony,
     5  or  if  the  marriage  is to be solemnized by written contract, with the
     6  judge before whom the contract is acknowledged, such clergyman or magis-
     7  trate may solemnize such marriage, or such judge may take such  acknowl-
     8  edgment  as  the  case may be, without waiting for such three day period
     9  and twenty-four hour period to  elapse.  The  clergyman,  magistrate  or
    10  judge  must  file  such order with the town or city clerk who issued the
    11  license within five days after the marriage is solemnized.  Such town or
    12  city clerk must record and index the order in the book  required  to  be
    13  kept  by  him  or her for recording affidavits, statements, consents and
    14  licenses, and when so recorded the order shall become  a  public  record
    15  and  available in any prosecution under this section. A person who shall
    16  solemnize a marriage in violation of this section shall be guilty  of  a
    17  misdemeanor  and  upon conviction thereof shall be punished by a fine of
    18  fifty dollars for each offense, and in  addition  thereto,  his  or  her
    19  right to solemnize a marriage shall be suspended for ninety days.
    20    2.  Notwithstanding  the twenty-four hour waiting period prescribed in
    21  subdivision one of this section, any military personnel whose  scheduled
    22  military deployment is less than thirty days away may get married within
    23  twenty-four hours of receiving a marriage license.
    24    §  2.  Section  354-d of the executive law, as added by chapter 723 of
    25  the laws of 2005 and as renumbered by chapter 652 of the laws  of  2007,
    26  is amended to read as follows:
    27    §  354-d.  Time within which marriage may be solemnized; member of the
    28  armed forces. 1. Notwithstanding  section  thirteen-b  of  the  domestic
    29  relations  law,  where  either  of  the parties making application for a
    30  marriage license, pursuant to section thirteen of the domestic relations
    31  law, is a member of the armed forces of the United States on active duty
    32  the marriage of the parties shall not be solemnized  within  twenty-four
    33  hours after the issuance of the marriage license, nor shall it be solem-
    34  nized after one hundred eighty days from the date of the issuance of the
    35  marriage  license.  Proof  that  the  applicant is a member of the armed
    36  forces of the United States shall be furnished to  the  satisfaction  of
    37  the official issuing the marriage license. Every license to marry issued
    38  pursuant  to the provisions of this section shall state the day and hour
    39  the license is issued and shall contain a  recital  that  it  is  issued
    40  pursuant to the provisions of this section.
    41    2.  Notwithstanding  the twenty-four hour waiting period prescribed in
    42  subdivision one of this section, any military personnel whose  scheduled
    43  military deployment is less than thirty days away may get married within
    44  twenty-four hours of receiving a marriage license.
    45    § 3. This act shall take effect immediately.