S T A T E O F N E W Y O R K
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2340
2017-2018 Regular Sessions
I N S E N A T E
January 13, 2017
___________
Introduced by Sen. ALCANTARA -- read twice and ordered printed, and when
printed to be committed to the Committee on Education
AN ACT to amend the education law, in relation to requiring domestic
violence awareness in the curriculum; and to amend the domestic
relations law, the public health law and the state finance law, in
relation to increasing fees charged for the issuance of a marriage
license and filing of certificates of dissolution of marriage for the
purposes of establishing and maintaining domestic violence programs
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The education law is amended by adding a new section 804-e
to read as follows:
§ 804-E. DOMESTIC VIOLENCE AWARENESS. 1. ALL SCHOOLS SHALL BE AUTHOR-
IZED TO INCLUDE INSTRUCTION WITH REGARDS TO DOMESTIC VIOLENCE AWARENESS.
2. INSTRUCTION REGARDING DOMESTIC VIOLENCE AWARENESS SHALL BE INCLUDED
IN THE HEALTH EDUCATION PROVIDED FOR ALL PUPILS AND SHALL BE TAUGHT BY
TEACHERS HOLDING A CERTIFICATE TO TEACH HEALTH. SUCH INSTRUCTION SHALL
BE DESIGNED ACCORDING TO THE NEEDS AND ABILITIES OF THE PUPILS AT
SUCCESSIVE GRADE LEVELS WITH THE PURPOSE OF DEVELOPING AWARENESS OF
DOMESTIC VIOLENCE ISSUES AND PROMOTING KNOWLEDGE OF PREVENTION, IDEN-
TIFICATION AND SCREENING PROTECTIONS PROVIDED BY STATEWIDE AND COMMUNITY
BASED ORGANIZATIONS.
3. THE COMMISSIONER SHALL PROMULGATE RULES AND REGULATIONS TO ESTAB-
LISH A CURRICULUM FOR INSTRUCTION REGARDING DOMESTIC VIOLENCE AWARENESS
TO BE AVAILABLE IN SCHOOL DISTRICTS. THE CONTENTS MAY BE VARIED TO MEET
THE NEEDS OF PARTICULAR SCHOOL DISTRICTS, OR PORTIONS THEREOF, AND NEED
NOT BE UNIFORM THROUGHOUT THE STATE.
4. SCHOOL AUTHORITIES SHALL BE AUTHORIZED TO PROVIDE THE NEEDED FACIL-
ITIES, TIME, AND PLACE FOR THE INSTRUCTION SET FORTH IN THIS SECTION AND
TO PROVIDE LEARNING AIDS AND CURRICULUM RESOURCE MATERIALS WHICH
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01164-01-7
S. 2340 2
CONTRIBUTE TO EFFECTIVE TEACHING METHODS AND LEARNING IN HEALTH EDUCA-
TION REGARDING DOMESTIC VIOLENCE AWARENESS.
§ 2. Paragraph a of subdivision 2 of section 14-a of the domestic
relations law, as amended by chapter 413 of the laws of 1991, is amended
to read as follows:
a. Such town and city clerks shall be entitled to a fee for such
certificate, payable at the time of issuance of the marriage license, in
a sum not exceeding [ten] FIFTEEN dollars, to be fixed in the case of
town clerks by the town board, and in the case of city clerks by the
common council or governing body of such cities. The town and city
clerks shall, upon request of any applicant whose name appears thereon,
issue a similar certificate of marriage, as set forth above, and simi-
larly expanded with additional facts upon the express additional
request, for all marriages heretofore indexed and recorded in the office
of the town or city clerks. For such certificate of marriage, the town
and city clerks shall be entitled to a fee not exceeding [ten] FIFTEEN
dollars, to be fixed in the case of town clerks by the town board, and
in the case of city clerks by the common council or governing body of
such city.
§ 3. Section 14-a of the domestic relations law is amended by adding a
new subdivision 6 to read as follows:
6. ON OR BEFORE THE FIFTEENTH DAY OF EACH MONTH, FIVE DOLLARS OF ALL
AMOUNTS RECEIVED FROM THE FEES PROVIDED FOR IN THIS SECTION SHALL BE
TRANSMITTED TO THE STATE COMPTROLLER FOR DEPOSIT INTO THE DOMESTIC
VIOLENCE AWARENESS TRUST FUND PROVIDED FOR IN SECTION EIGHTY-TWO OF THE
STATE FINANCE LAW.
§ 4. Subdivision 3 of section 15 of the domestic relations law, as
amended by section 5 of part W2 of chapter 62 of the laws of 2003, is
amended to read as follows:
3. If it shall appear upon an application for a marriage license that
either party is under the age of sixteen years, the town or city clerk
shall require, in addition to any consents provided for in this section,
the written approval and consent of a justice of the supreme court or of
a judge of the family court, having jurisdiction over the town or city
in which the application is made, to be attached to or endorsed upon the
application, before the license is issued. The application for such
approval and consent shall be heard by the judge at chambers. All papers
and records pertaining to any such application shall be sealed by him
and withheld from inspection, except by order of a court of competent
jurisdiction. Before issuing any licenses herein provided for, the town
or city clerk shall be entitled to a fee of [thirty] THIRTY-FIVE
dollars, which sum shall be paid by the applicants before or at the time
the license is issued. Any town or city clerk who shall issue a license
to marry any persons one or both of whom shall not be at the time of the
marriage under such license legally competent to marry without first
requiring the parties to such marriage to make such affidavits and
statements or who shall not require the production of documentary proof
of age or the procuring of the approval and consents provided for by
this article, which shall show that the parties authorized by said
license to be married are legally competent to marry, shall be guilty of
a misdemeanor and on conviction thereof shall be fined in the sum of one
hundred dollars for each and every offense. On or before the fifteenth
day of each month, each town and city clerk, except in the city of New
York, shall transmit to the state commissioner of health [twenty-two]
TWENTY-SEVEN dollars and fifty cents of the amount received for each fee
collected, TWENTY-TWO DOLLARS AND FIFTY CENTS OF which shall be paid
S. 2340 3
into the vital records management account as provided by section nine-
ty-seven-cccc of the state finance law AND FIVE DOLLARS OF WHICH SHALL
BE DEPOSITED INTO THE DOMESTIC VIOLENCE AWARENESS TRUST FUND PROVIDED
FOR IN SECTION EIGHTY-TWO OF THE STATE FINANCE LAW. In any city the
balance of all fees collected for the issuing of a marriage license, or
for solemnizing a marriage, so far as collected for services rendered by
any officer or employee of such city, shall be paid monthly into the
city treasury and may by ordinance be credited to any fund therein
designated, and said ordinance, when duly enacted, shall have the force
of law in such city. Notwithstanding any other provisions of this arti-
cle, the clerk of any city with the approval of the governing body of
such city is hereby authorized to designate, in writing filed in the
city clerk's office, a deputy clerk, if any, and/or other city employees
in such office to receive applications for, examine applications, inves-
tigate and issue marriage licenses in the absence or inability of the
clerk of said city to act, and said deputy and/or employees so desig-
nated are hereby vested with all the powers and duties of said city
clerk relative thereto. Such deputy and/or employees shall perform said
duties without additional compensation.
§ 5. Subdivision 4 of section 15 of the domestic relations law, as
amended by chapter 424 of the laws of 1990, is amended to read as
follows:
4. Notwithstanding any other provision of this section, the city clerk
of the city of New York, before issuing any licenses herein provided
for, shall be entitled to a fee of [twenty-five] THIRTY dollars, which
sum shall be paid by the applicants before or at the time the license is
issued and [all] TWENTY-FIVE DOLLARS OF THE AMOUNT RECEIVED FROM such
fees [so received] shall be paid monthly into the city treasury.
§ 6. Section 15 of the domestic relations law is amended by adding a
new subdivision 5 to read as follows:
5. ON OR BEFORE THE FIFTEENTH DAY OF EACH MONTH, FIVE DOLLARS OF THE
AMOUNT RECEIVED FROM THE FEES PROVIDED IN THIS SECTION SHALL BE TRANS-
MITTED TO THE STATE COMPTROLLER FOR DEPOSIT INTO THE DOMESTIC VIOLENCE
AWARENESS TRUST FUND PROVIDED FOR IN SECTION EIGHTY-TWO OF THE STATE
FINANCE LAW.
§ 7. Subdivisions 6 and 7 of section 4139 of the public health law, as
amended by section 1 of part W2 of chapter 62 of the laws of 2003, are
amended to read as follows:
6. The commissioner shall be entitled to a fee of [thirty] THIRTY-FIVE
dollars for each certification, certified copy or certified transcript
of certificate of dissolution of marriage furnished.
7. For a search of the files where no such certification, certified
copy, or certified transcript is furnished, or for a certification that
a search discloses no record of a dissolution of marriage, the commis-
sioner shall be entitled to a fee of [thirty] THIRTY-FIVE dollars.
§ 8. Section 4139 of the public health law is amended by adding a new
subdivision 9 to read as follows:
9. ON OR BEFORE THE FIFTEENTH DAY OF EACH MONTH, FIVE DOLLARS OF THE
AMOUNT RECEIVED FROM THE FEES PROVIDED FOR IN THIS SECTION SHALL BE
TRANSMITTED TO THE STATE COMPTROLLER FOR DEPOSIT INTO THE DOMESTIC
VIOLENCE AWARENESS TRUST FUND PROVIDED FOR IN SECTION EIGHTY-TWO OF THE
STATE FINANCE LAW.
§ 9. The state finance law is amended by adding a new section 82 to
read as follows:
§ 82. DOMESTIC VIOLENCE AWARENESS TRUST FUND. 1. THERE IS HEREBY
ESTABLISHED IN THE JOINT CUSTODY OF THE COMPTROLLER AND THE COMMISSIONER
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OF TAXATION AND FINANCE A SEPARATE AND DISTINCT FUND TO BE KNOWN AS THE
DOMESTIC VIOLENCE AWARENESS TRUST FUND. SUCH FUND SHALL CONSIST OF ANY
MONIES COLLECTED FROM THAT PORTION OF MARRIAGE LICENSE FEES AND CERTIF-
ICATES OF DISSOLUTION OF MARRIAGE SPECIFICALLY PROVIDED FOR DEPOSIT INTO
SUCH FUND AND FUNDS FROM ANY OTHER SOURCE INCLUDING BUT NOT LIMITED TO,
FEDERAL FUNDS, DONATIONS FROM PRIVATE INDIVIDUALS, CORPORATIONS OR FOUN-
DATIONS AND ANY INTEREST EARNINGS WHICH MAY ACCRUE FROM THE INVESTMENT
OF MONIES IN THE FUND, FOR THE IMPLEMENTATION OF PROGRAMS PROVIDED FOR
IN THIS SECTION. ALL FUNDS RECEIVED BY THE COMPTROLLER ON BEHALF OF THE
FUND SHALL BE DEPOSITED BY THE COMPTROLLER TO THE CREDIT OF THE FUND.
2. DONATIONS FROM PRIVATE INDIVIDUALS, CORPORATIONS, OR FOUNDATIONS
DEPOSITED IN THE FUND MAY BE INVESTED BY THE COMPTROLLER PURSUANT TO THE
PROVISIONS OF SECTION NINETY-EIGHT-A OF THIS ARTICLE. ANY INCOME FROM
SUCH INVESTMENTS SHALL BE DEPOSITED TO THE CREDIT OF THE FUND.
3. MONIES OF THE FUND, WHEN ALLOCATED, SHALL BE AVAILABLE TO THE
OFFICE FOR THE PREVENTION OF DOMESTIC VIOLENCE FOR THE ESTABLISHMENT AND
MAINTENANCE OF DOMESTIC VIOLENCE PROGRAMS.
4. MONIES SHALL BE PAYABLE FROM THE FUND ON THE AUDIT AND WARRANT OF
THE COMPTROLLER ON VOUCHERS APPROVED AND CERTIFIED BY THE DIRECTOR OF
THE OFFICE FOR THE PREVENTION OF DOMESTIC VIOLENCE.
5. MONIES FROM THE ADDITIONAL MARRIAGE LICENSE FEES AND CERTIFICATES
OF DISSOLUTION OF MARRIAGE SPECIFICALLY DEPOSITED INTO THE FUND AS
PROVIDED BY LAW SHALL BE A SUPPLEMENTAL SOURCE OF FUNDING FOR DOMESTIC
VIOLENCE PROGRAMS AND SHALL NOT BE USED TO REPLACE OR TO DIMINISH THE
APPROPRIATION OF FUNDS OUT OF THE GENERAL FUND OR FROM ANY SOURCE OF
MONEY TO SUCH PROGRAMS OR TO THE OFFICE FOR THE PREVENTION OF DOMESTIC
VIOLENCE. FURTHERMORE, NOTHING CONTAINED IN THIS SECTION IS INTENDED TO
PROHIBIT THE APPROPRIATION OF OTHER FUNDS OUT OF THE STATE GENERAL FUND
TO THE OFFICE OR TO OTHER DOMESTIC VIOLENCE PROGRAMS; PROVIDED, HOWEVER
THAT SUCH PROGRAMS MAY USE THE FUNDING PROVIDED BY THE FUND TO REPLACE
FUNDING FROM OTHER SOURCES.
§ 10. This act shall take effect April 1, 2018.
