S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   427

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  Sen.  ROBACH -- read twice and ordered printed, and when
  printed to be committed to the Committee on Judiciary

AN ACT to amend the domestic relations  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:

  Section 1. Section 13-b of the domestic relations law, as  amended  by
chapter 652 of the laws of 2007, is amended to read as follows:
  S 13-b. Time within which marriage may be solemnized. [A] 1. EXCEPT AS
PROVIDED  IN  SUBDIVISION  TWO  OF THIS SECTION, A marriage shall not be
solemnized within twenty-four hours after the issuance of  the  marriage
license,  unless  authorized by an order of a court of record as herein-
after provided, nor shall it be solemnized after  sixty  days  from  the
date  of the issuance of the marriage license unless authorized pursuant
to section three hundred fifty-four-d  of  the  executive  law.    Every
license  to  marry hereafter issued by a town or city clerk, in addition
to other requirements specified by this chapter, must contain  a  state-
ment of the day and the hour the license is issued and the period during
which  the marriage may be solemnized. It shall be the duty of the cler-
gyman or magistrate performing the marriage ceremony, or if the marriage
is solemnized by written contract, of the judge before whom the contract
is acknowledged, to annex to or endorse upon the  marriage  license  the
date  and  hour  the  marriage  is solemnized. A judge or justice of the
supreme court of this state or the county judge of the county  in  which
either  party  to  be married resides, or if such party is under sixteen
years of age, the judge of the family court of such county, if it  shall
appear from an examination of the license and any other proofs submitted
by  the  parties that one of the parties is in danger of imminent death,
or by reason of other emergency public interest will be promoted  there-
by,  or  that  such delay will work irreparable injury or great hardship

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD03508-01-9

S. 427                              2

upon the contracting parties, or one of them, may make an order  author-
izing  the  immediate solemnization of the marriage and upon filing such
order with the clergyman or magistrate performing the marriage ceremony,
or  if  the  marriage  is to be solemnized by written contract, with the
judge before whom the contract is acknowledged, such clergyman or magis-
trate may solemnize such marriage, or such judge may take such  acknowl-
edgment  as  the  case may be, without waiting for such three day period
and twenty-four hour period to  elapse.  The  clergyman,  magistrate  or
judge  must  file  such order with the town or city clerk who issued the
license within five days after the marriage is solemnized.  Such town or
city clerk must record and index the order in the book  required  to  be
kept  by  him  OR HER for recording affidavits, statements, consents and
licenses, and when so recorded the order shall become  a  public  record
and  available in any prosecution under this section. A person who shall
solemnize a marriage in violation of this section shall be guilty  of  a
misdemeanor  and  upon conviction thereof shall be punished by a fine of
fifty dollars for each offense, and in  addition  thereto,  his  OR  HER
right to solemnize a marriage shall be suspended for ninety days.
  2.  NOTWITHSTANDING  THE TWENTY-FOUR HOUR WAITING PERIOD PRESCRIBED IN
SUBDIVISION ONE OF THIS SECTION, ANY MILITARY PERSONNEL WHOSE  SCHEDULED
MILITARY DEPLOYMENT IS LESS THAN THIRTY DAYS AWAY MAY GET MARRIED WITHIN
TWENTY-FOUR HOURS OF RECEIVING A MARRIAGE LICENSE.
  S  2.  Section  354-d of the executive law, as added by chapter 723 of
the laws of 2005, and as renumbered by chapter 652 of the laws of  2007,
is amended to read as follows:
  S  354-d.  Time within which marriage may be solemnized; member of the
armed forces. 1. Notwithstanding  section  thirteen-b  of  the  domestic
relations  law,  where  either  of  the parties making application for a
marriage license, pursuant to section thirteen of the domestic relations
law, is a member of the armed forces of the United States on active duty
the marriage of the parties shall not be solemnized  within  twenty-four
hours after the issuance of the marriage license, nor shall it be solem-
nized after one hundred eighty days from the date of the issuance of the
marriage  license.  Proof  that  the  applicant is a member of the armed
forces of the United States shall be furnished to  the  satisfaction  of
the official issuing the marriage license. Every license to marry issued
pursuant  to the provisions of this section shall state the day and hour
the license is issued and shall contain a  recital  that  it  is  issued
pursuant to the provisions of this section.
  2.  NOTWITHSTANDING  THE TWENTY-FOUR HOUR WAITING PERIOD PRESCRIBED IN
SUBDIVISION ONE OF THIS SECTION, ANY MILITARY PERSONNEL WHOSE  SCHEDULED
MILITARY DEPLOYMENT IS LESS THAN THIRTY DAYS AWAY MAY GET MARRIED WITHIN
TWENTY-FOUR HOURS OF RECEIVING A MARRIAGE LICENSE.
  S 3. This act shall take effect immediately.