S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4895
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 5, 2019
                                ___________
 
 Introduced  by M. of A. GALEF, JAFFEE, BLAKE, HYNDMAN, D'URSO, L. ROSEN-
   THAL,  GOTTFRIED,  DICKENS,  M. G. MILLER,  LAVINE,  PAULIN,  SIMOTAS,
   SIMON,  PICHARDO,  ARROYO  -- Multi-Sponsored by -- M. of A. DINOWITZ,
   LUPARDO, McDONOUGH, STECK, THIELE, WRIGHT -- read once and referred to
   the Committee on Judiciary

 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. Subdivisions 1, 1-a, 2 and 3-a of section 11 of the  domes-
 tic relations law, subdivision 1 as amended by chapter 95 of the laws of
 2011,  subdivision  1-a  as  amended  by chapter 96 of the laws of 2011,
 subdivision 2 as amended by section 1 of subpart E of part B of  chapter
 20  of  the laws of 2015, and subdivision 3-a as added by chapter 450 of
 the laws of 2014, are amended and a new subdivision 3-b is added to read
 as follows:
   1. A clergyman or minister of any religion, or by the  senior  leader,
 or  any  of the other leaders, of The Society for Ethical Culture in the
 city of New York, having its principal office in the borough of  Manhat-
 tan,  or  by  the  leader  of  The Brooklyn Society for Ethical Culture,
 having its principal office in the borough of Brooklyn of  the  city  of
 New  York,  or  of the Westchester Ethical Society, having its principal
 office in Westchester county, or of the Ethical Culture Society of  Long
 Island,  having  its principal office in Nassau county, or of the River-
 dale-Yonkers Ethical Society having its principal office in Bronx  coun-
 ty,  or  by  the  leader of any other Ethical Culture Society affiliated
 with the American Ethical Union; provided that no clergyman or  minister
 as  defined in section two of the religious corporations law, or Society
 for Ethical Culture leader shall be required to solemnize  any  marriage
 when  acting  in  his  or her capacity under this subdivision.  [1-a.] A
 refusal by a clergyman or minister as defined  in  section  two  of  the
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD04895-01-9

 A. 4895                             2
 
 religious  corporations  law,  or  Society for Ethical Culture leader to
 solemnize any marriage under this subdivision shall not create  a  civil
 claim  or  cause  of  action  or result in any state or local government
 action to penalize, withhold benefits or discriminate against such cler-
 gyman or minister[.]; OR,
   2.  The  current  or a former governor, a mayor of a village, a county
 executive of a county, or a mayor,  recorder,  city  magistrate,  police
 justice or police magistrate of a city, a former mayor or the city clerk
 of  a  city of the first class of over one million inhabitants or any of
 his or her deputies or not more than four regular clerks, designated  by
 him  or  her  for  such  purpose as provided in section eleven-a of this
 article, except that in cities which contain more than one hundred thou-
 sand and less than one million inhabitants, a marriage shall  be  solem-
 nized  by  the mayor, or police justice, and by no other officer of such
 city,  except  as  provided  in  subdivisions  one  and  three  of  this
 section[.]; OR,
   3-a.  A judge or peacemaker judge of any Indian tribal court, a chief,
 a headman, or any member of any tribal council or other  governing  body
 of any nation, tribe or band of Indians in this state duly designated by
 such  body  for  the  purpose  of officiating at marriages, or any other
 persons duly designated by such body, in keeping with  the  culture  and
 traditions  of  any such nation, tribe or band of Indians in this state,
 to officiate at marriages[.]; OR,
   3-B. A ONE-DAY MARRIAGE OFFICIANT, AS DESIGNATED BY THE  SECRETARY  OF
 STATE PURSUANT TO SECTION ONE HUNDRED TEN OF THE EXECUTIVE LAW; OR,
   §  2.  Section  12 of the domestic relations law is amended to read as
 follows:
   § 12.  Marriage, how solemnized.  No particular form  or  ceremony  is
 required when a marriage is solemnized as herein provided by a clergyman
 [or],  magistrate,  OR  ONE-DAY  MARRIAGE OFFICIANT AS DESIGNATED BY THE
 SECRETARY OF STATE PURSUANT TO SECTION ONE HUNDRED TEN OF THE  EXECUTIVE
 LAW but the parties must solemnly declare in the presence of a clergyman
 [or],  magistrate,  OR  ONE-DAY  MARRIAGE  OFFICIANT  and  the attending
 witness or witnesses that they take each other  as  [husband  and  wife]
 SPOUSES.  In every case, at least one witness beside the clergyman [or],
 magistrate, OR ONE-DAY MARRIAGE OFFICIANT must be present at the ceremo-
 ny.
   The preceding provisions of this chapter, so far as they relate to the
 manner  of  solemnizing  marriages, shall not affect marriages among the
 people called friends or quakers; nor marriages among the people of  any
 other  denominations  having  as such any particular mode of solemnizing
 marriages; but such marriages must be solemnized in the  manner  hereto-
 fore  used and practiced in their respective societies or denominations,
 and marriages so solemnized shall be as valid as if this article had not
 been enacted.
   § 3. Section 13 of the domestic relations law, as amended  by  chapter
 95 of the laws of 2011, is amended to read as follows:
   §  13.  Marriage  licenses.  It  shall  be  necessary  for all persons
 intended to be married in New York state to obtain  a  marriage  license
 from a town or city clerk in New York state and to deliver said license,
 within  sixty  days,  to  the  clergyman  [or],  magistrate,  OR ONE-DAY
 MARRIAGE OFFICIANT AS DESIGNATED BY THE SECRETARY OF STATE  PURSUANT  TO
 SECTION  ONE HUNDRED TEN OF THE EXECUTIVE LAW who is to officiate before
 the marriage ceremony may be performed. In case of a marriage contracted
 pursuant to subdivision four of section eleven  of  this  chapter,  such
 license  shall  be  delivered to the judge of the court of record before

 A. 4895                             3
 
 whom the acknowledgment is to be taken. If either party to the  marriage
 resides  upon an island located not less than twenty-five miles from the
 office or residence of the town clerk of the town of which  such  island
 is  a  part,  and if such office or residence is not on such island such
 license may be obtained from any justice of the peace residing  on  such
 island,  and  such  justice, in respect to powers and duties relating to
 marriage licenses, shall be subject to the provisions  of  this  article
 governing  town  clerks  and  shall  file  all  statements or affidavits
 received by him while acting under the provisions of this  section  with
 the town clerk of such town. No application for a marriage license shall
 be  denied  on the ground that the parties are of the same, or a differ-
 ent, sex.
   § 4. 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 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 ONE-DAY MARRIAGE OFFICIANT, AS DESIGNATED
 BY  THE  SECRETARY  OF  STATE PURSUANT TO SECTION ONE HUNDRED TEN 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  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  seventeen
 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, upon making written
 affirmative findings under subdivision three of section fifteen of  this
 article,  make  an  order authorizing the immediate solemnization of the
 marriage and upon filing such order with the clergyman [or], magistrate,
 OR ONE-DAY MARRIAGE OFFICIANT 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,  OR  ONE  DAY  MARRIAGE OFFICIANT 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 ONE-DAY MARRIAGE OFFICIANT, AS
 DESIGNATED BY THE SECRETARY OF STATE PURSUANT TO SECTION ONE HUNDRED TEN
 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  solem-
 nized.  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,  state-
 ments,  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

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 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.
   §  5. The executive law is amended by adding a new section 110 to read
 as follows:
   § 110. DESIGNATION OF ONE-DAY MARRIAGE OFFICIANT.   THE SECRETARY,  OR
 HIS OR HER DESIGNEE, SHALL ISSUE ONE-DAY MARRIAGE OFFICIANT DESIGNATIONS
 TO LAYPERSONS OVER THE AGE OF EIGHTEEN REGARDLESS OF STATE RESIDENCE WHO
 INTEND  TO  PERFORM  A MARRIAGE SOLEMNIZATION CEREMONY WITHIN THE STATE.
 SUCH DESIGNATIONS SHALL ONLY BE  ISSUED  AFTER  AN  APPLICANT  REMITS  A
 COMPLETED  APPLICATION FORM AND FEE, BOTH TO BE DETERMINED BY THE SECRE-
 TARY. THE APPLICATION FORM SHALL REQUIRE THE FOLLOWING  INFORMATION  AND
 BE  ACCOMPANIED  BY  LEGAL  PROOF  OF IDENTIFICATION. FROM THE APPLICANT
 REQUESTING DESIGNATION: APPLICANT NAME, DATE OF  BIRTH,  LEGAL  ADDRESS,
 EMAIL  ADDRESS  AND  TELEPHONE NUMBER.   THE APPLICATION FORM SHALL ALSO
 REQUIRE THE NAMES, ADDRESSES AND  BIRTH  DATES  OF  THE  PARTIES  TO  BE
 MARRIED  AS THEY APPEAR ON THE APPLICATION FOR A MARRIAGE LICENSE ISSUED
 BY A TOWN OR CITY CLERK IN THE STATE, THE NAME  OF  THE  CITY,  TOWN  OR
 VILLAGE IN WHICH SUCH SOLEMNIZATION WILL BE PERFORMED AND THE EXACT DATE
 OF  THE  SOLEMNIZATION.  THE APPLICATION AND FEE MUST BE RECEIVED BY THE
 DEPARTMENT AT LEAST THIRTY DAYS BEFORE THE DATE  OF  THE  CEREMONY.  THE
 DEPARTMENT SHALL NOTIFY THE APPLICANT OF APPROVAL OF SUCH DESIGNATION NO
 LATER  THAN SEVEN DAYS PRIOR TO THE DATE OF THE MARRIAGE CEREMONY STATED
 ON THE APPLICATION. SUCH DESIGNATIONS SHALL ONLY BE VALID FOR THE  CERE-
 MONY  STATED ON THE APPLICATION AND SHALL EXPIRE UPON COMPLETION OF SUCH
 SOLEMNIZATION.
   § 6. This act shall take effect on the ninetieth day  after  it  shall
 have  become  a  law.    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  to  be  made  and
 completed on or before such effective date.