S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1013--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              January 6, 2017
                                ___________
 
 Introduced  by Sens. ROBACH, PHILLIPS -- read twice and ordered printed,
   and when printed to be committed to the Committee on  Veterans,  Home-
   land  Security and Military Affairs -- recommitted to the Committee on
   Veterans, Homeland Security and Military Affairs  in  accordance  with
   Senate  Rule  6, sec. 8 -- committee discharged, bill amended, ordered
   reprinted as amended and recommitted to said committee
 
 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:
 
   Section 1. Section 13-b of the domestic relations law, as  amended  by
 chapter 35 of the laws of 2017, is amended to read as follows:
   §  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 at least  seven-
 teen  years  of age, the judge of the family court of such county, if it
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02887-02-8

 S. 1013--A                          2
 
 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 immi-
 nent death, or by reason of other  emergency  public  interest  will  be
 promoted  thereby,  or  that  such delay will work irreparable injury or
 great hardship upon the contracting parties, or one of them,  may,  upon
 making  written  affirmative findings under subdivision three of section
 fifteen of this article, make an order authorizing the immediate  solem-
 nization  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 magistrate 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  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.
   §  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:
   §  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.
   § 3. This act shall take effect immediately.