S T A T E   O F   N E W   Y O R K
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                                 5223--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 13, 2015
                               ___________

Introduced  by M. of A. GALEF -- read once and referred to the Committee
  on Judiciary -- recommitted to the Committee on Judiciary  in  accord-
  ance  with  Assembly  Rule  3,  sec.  2  -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

AN  ACT  to  amend  the domestic relations law and the executive law, in
  relation to designating lay individuals to solemnize marriages

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section  11  of  the domestic relations law is amended by
adding a new subdivision 3-b to read as follows:
  3-B. A TEMPORARY JUSTICE OF THE PEACE, AS DESIGNATED BY THE  SECRETARY
OF STATE PURSUANT TO SECTION ONE HUNDRED NINE OF THE EXECUTIVE LAW.
  S 2. 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 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
hereinafter  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
statement  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
clergyman [or], magistrate OR TEMPORARY JUSTICE OF THE PEACE, AS  DESIG-
NATED  BY THE SECRETARY OF STATE PURSUANT TO SECTION ONE HUNDRED NINE OF
THE EXECUTIVE LAW, 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01456-06-6
              

A. 5223--A                          2

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
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 OR TEMPORARY  JUSTICE  OF  THE
PEACE  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], magistrate OR TEMPORARY JUSTICE OF
THE  PEACE  may  solemnize  such  marriage,  or such judge may take such
acknowledgment as the case may be, without waiting for  such  three  day
period  and twenty-four hour period to elapse. The clergyman, magistrate
[or], judge OR TEMPORARY JUSTICE OF THE  PEACE,  AS  DESIGNATED  BY  THE
SECRETARY OF STATE PURSUANT TO SECTION ONE HUNDRED NINE OF THE EXECUTIVE
LAW,  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.
  S  3. The executive law is amended by adding a new section 109 to read
as follows:
  S 109. DESIGNATION OF TEMPORARY JUSTICE OF THE PEACE.  THE  SECRETARY,
OR  HIS  OR  HER  DESIGNEE,  SHALL  ISSUE TEMPORARY JUSTICE OF THE PEACE
DESIGNATIONS TO LAYPERSONS OVER THE AGE OF EIGHTEEN REGARDLESS OF  STATE
RESIDENCE  WHO  INTEND  TO PERFORM A MARRIAGE CEREMONY WITHIN THE STATE.
SUCH DESIGNATIONS MAY BE GRANTED  AFTER  AN  APPLICANT  MAILS  A  SIGNED
APPLICATION  FORM OR COMPLETES SUCH APPLICATION FORM IN AN ONLINE FORMAT
WITH A FEE TO BE DETERMINED BY THE DEPARTMENT. THE FORM SHALL STATE  THE
CITY  OR  TOWN  IN  WHICH  THE  CEREMONY SHALL BE PERFORMED AND SHALL BE
GRANTED ONLY IF RECEIVED THIRTY BUSINESS DAYS BEFORE SUCH  DATE.    SUCH
DESIGNATIONS SHALL ONLY BE VALID FOR THE CEREMONY STATED ON THE APPLICA-
TION.
  S  4.  This  act shall take effect on the ninetieth day after it shall
have become a law; provided, however, that  effective  immediately,  the
addition,  amendment  and/or  repeal of any rule or regulation necessary
for the implementation of this act on its effective date are  authorized
and directed to be made and completed on or before such effective date.