Bill Text: NY S07182 | 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 (Republican 2-0)

Status: (Introduced - Dead) 2014-06-18 - SUBSTITUTED BY A9315 [S07182 Detail]

Download: New_York-2013-S07182-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7182
                                   I N  S E N A T E
                                      May 2, 2014
                                      ___________
       Introduced by Sen. LITTLE -- (at request of the Office of Court Adminis-
         tration)  --  read  twice  and ordered printed, and when printed to be
         committed to the Committee on Judiciary
       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
       S. 7182                             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.