NY State Senate Bill 2017-S7424

Senate Bill S7424

2017-2018 Legislative Session

Waives the state fee for marriage licenses for active duty members of the armed forces and authorizes towns and cities to elect to waive their fees for marriage licenses and certificates

download bill text pdf

Archive: Last Bill Status - In Senate Committee Judiciary Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 17, 2018	referred to judiciary

2017-S7424 (ACTIVE) - Details

See Assembly Version of this Bill:: A1268
Current Committee:: Senate Judiciary
Law Section:: Domestic Relations Law
Laws Affected:: Amd §§14-a & 15, Dom Rel L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S6808, A9645
2019-2020: A55

2017-S7424 (ACTIVE) - Summary

Waives the state fee for marriage licenses when either party making application for such marriage license is a member of the United States armed forces on active duty and authorizes towns and cities to elect to waive their fees for marriage licenses and certificates when either applicant is a member of the United States armed forces on active duty.

2017-S7424 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S7424

SPONSOR: AVELLA
 
TITLE OF BILL:  An act to amend the domestic relations law, in
relation to waiving the fee for marriage licenses for active duty
members of the armed forces

 
PURPOSE:

This bill waives the state fee for marriage licenses for active duty
members of the armed forces and allows the local governments to do the
same if they choose to.

 
SUMMARY OF PROVISIONS:

Section 1. Subdivision 3 of section 14-a of the domestic relations law,
as amended by chapter 297 of the laws of 1963, is amended to read as
follows:

b. A town or city may elect to waive the fee for a certificate when
either of the parties making application for such certificate is a

member of the armed forces of the United States on active duty.

§ 2. Subdivision 3 of section 15 of the domestic relations law, as
amended by section 5 of part W-2 of chapter 62 of the laws of 2003, is
amended to read as follows:

3. Provided, however, that a town or city may elect to waive such fee
when either of the parties applying for such license is an active member
of the armed forces of the United States on active duty.

(i) A town or city may not collect that portion of the fee which would
otherwise be transmitted to the state commissioner of health pursuant to
this subdivision and

(ii) such town or city may elect to waive the portion of the fee which
the town or city is entitled to

 
JUSTIFICATION:

Everyday, New Yorkers wake up knowing that this great nation is safe
from those who would take away our freedoms. These freedoms exist
because of our military and more specifically the young men and women
who chose to actively serve. Their commitment to our nation and the
communities we live in have never been stronger. Those of us serving in
the New York State legislature can show our appreciation by giving back
to them.

This bill simply says thank you to any man or women actively serving and
wishes to get married in New York State. It waives the state portion of
marriage license fees for young men and women who are actively serving
in our military and provides local governments the option to do the
same. It is but a small gesture to show our gratitude and thanks for
their service.

 
LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2017-S7424 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7424
 
                             I N  S E N A T E
 
                             January 17, 2018
                                ___________
 
 Introduced  by  Sen.  AVELLA -- 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  waiving  the
   fee for marriage licenses for active duty members of the armed forces
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Subdivision 3 of section 14-a  of  the  domestic  relations
 law,  as  amended by chapter 297 of the laws of 1963, is amended to read
 as follows:
   3. A. No fee shall be charged for any certificate when required by the
 veterans administration or by the division of veterans' affairs  of  the
 state  of  New  York  to  be  used in determining the eligibility of any
 person to participate in the benefits made  available  by  the  veterans
 administration or by the state of New York.
   B.  A  TOWN  OR CITY MAY ELECT TO WAIVE THE FEE FOR A CERTIFICATE WHEN
 EITHER OF THE PARTIES MAKING  APPLICATION  FOR  SUCH  CERTIFICATE  IS  A
 MEMBER OF THE ARMED FORCES OF THE UNITED STATES ON ACTIVE DUTY.
   §  2.  Subdivision  4  of section 15 of the domestic relations law, as
 amended by chapter 35 of the  laws  of  2017,  is  amended  to  read  as
 follows:
   4.  Before  issuing any licenses herein provided for, the town or city
 clerk shall be entitled to a fee of thirty dollars, which sum  shall  be
 paid  by  the  applicants  before  or at the time the license is issued;
 PROVIDED, HOWEVER, THAT WHEN EITHER OF THE  PARTIES  APPLYING  FOR  SUCH
 LICENSE  IS  A MEMBER OF THE ARMED FORCES OF THE UNITED STATES ON ACTIVE
 DUTY (I) A TOWN OR CITY MAY NOT COLLECT THAT PORTION OF  THE  FEE  WHICH
 WOULD  OTHERWISE  BE  TRANSMITTED  TO  THE  STATE COMMISSIONER OF HEALTH
 PURSUANT TO THIS SUBDIVISION AND (II) SUCH TOWN OR  CITY  MAY  ELECT  TO
 WAIVE  THE PORTION OF THE FEE WHICH THE TOWN OR CITY IS ENTITLED TO. 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD01149-08-8

 S. 7424                             2
 
 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 dollars and fifty cents  of  the
 amount  received  for  each  fee collected, which shall be paid into the
 vital records management account as provided  by  section  ninety-seven-
 cccc  of  the state finance law; PROVIDED, HOWEVER, THAT NO FEE SHALL BE
 COLLECTED ON BEHALF OF OR PAID TO THE COMMISSIONER OF HEALTH WHEN EITHER
 OF THE PARTIES APPLYING FOR SUCH LICENSE IS A MEMBER OF THE ARMED FORCES
 OF THE UNITED STATES ON ACTIVE DUTY. 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 article, 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, investigate and issue
 marriage licenses in the absence or inability of the clerk of said  city
 to act, and said deputy and/or employees so designated 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.
   § 3. This act shall take effect immediately.

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