NY State Senate Bill 2019-S1430

Archive: Last Bill Status - Stricken

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 28, 2019	recommit, enacting clause stricken
Jan 14, 2019	referred to judiciary

co-Sponsors

2019-S1430 (ACTIVE) - Details

Law Section:: Domestic Relations Law
Laws Affected:: Amd §§11, 12, 13 & 13-b, Dom Rel L; add §110, Exec L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S5858
2021-2022: S739

2019-S1430 (ACTIVE) - Summary

Designates lay individuals as one-day marriage officiants in order to solemnize marriages.

2019-S1430 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S1430

SPONSOR: RITCHIE
 
TITLE OF BILL:

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

 
PURPOSE:

The purpose of this legislation is to designate lay individuals as one-
day marriage officiants in order to solemnize marriages.

 
SUMMARY OF PROVISIONS:

Section 1. A new subdivision 3-b is added to Section 11 of the Domestic
Relations Law, and will read as follows: A one-day marriage officiant,
as designated by the secretary of state pursuant to section one hundred
ten of the Executive Law.

Section 2. Section 12 of the Domestic Relations Law is amended as

follows: No particular form or ceremony is required when a marriage is
solemnized as herein provided by a clergyman, magistrate, or one-day
marriage officiant as designated by the secretary of state pursuant to
section one hundred ten of the Executive Law.

Section 3. Section 13 of the Domestic Relations Law is amended as
follows: 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, magistrate, or one-day marriage officiant as designated by
the secretary of state pursuant to section one hundred ten of the Execu-
tive Law who is to officiate before the marriage ceremony may be
performed.

Section 4. Section 13-b of the Domestic Relations Law is amended by
adding "one-day marriage officiant" to clergyman and magistrate.

Section 5. The Executive Law is amended by adding a new section 110 that
outlines the requirements that must be met to designate a layperson as a
one-day marriage officiant.

Section 6. Establishes the effective date.

 
JUSTIFICATION:

For generations, getting married meant standing solemnly in front of
clergy from one of the long-established religious faiths or a secular
official with the authority to solemnize a wedding.

However, an increasing number of couples, with an eye on creating a
personal ceremony as unique as the bride and groom, are choosing to be
married by a friend or relative. In order to do so, such laypersons
request and obtain ordinations from online churches as ministers in the
belief that is confers legality of the marriage.

However, New York law is unclear about the legal empowerment of minis-
ters who are ordained online for the sole purpose to preside over
weddings. Domestic Relations Law allows for marriages to be solemnized
by a "clergyman or minister of any religion." However, the question to
whether such a minister is authorized to perform is unclear. At issue as
if the ordaining internet "church" is within the statutory definition of
dictated in the Religious Corporations Law.

However, a marriage is a legal contract. There have been instances where
this lack of clarity over an imposed definition of church and qualifies
clergy leaves open the possibility for these marriages to be vulnerable
to legal challenges, such as the context of annulment, divorce or estate
battles. In Ranieri v. Ranieri (1989) the New York State Appellate
Court, Second Judicial Department held that a minster from a non-denomi-
national online church had no authorizations to perform marriages.
However more recently, in Oswald v. Oswald (2013) the Appellate Court
Third Department ruled that the same organization may be able to ordain
ministers who can legally officiate marriages.  To further confuse the
situation, some jurisdictions in the State recognize online ordination
while some do not leaving even local, county, and state officials uncer-
tain of parameters governing the rules of internet ordained ministers.
At this time, the matter is undecided and subject to interpretation by
the presiding court, yet it carries the potential consequences of a
marriage that is deemed void.

California, Massachusetts and Vermont have passed laws that legally
allow individuals to become temporary marriage officials for one day in
acknowledgement of these contemporary trends in ceremony preferences.
Based on those models, this legislation will allow the Secretary of the
State to authorize an individual as a "one-day marriage officiant" to
officiate at a specific marriage in New York, thereby providing a remedy
to the question of validity of a marriage performed by a layperson.

 
LEGISLATIVE HISTORY:

2017-2018: S.5858B/A.1137D

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become law.

2019-S1430 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1430
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 14, 2019
                                ___________
 
 Introduced  by Sens. RITCHIE, SEPULVEDA -- read twice and ordered print-
   ed, and when printed to be committed 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
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD04895-01-9

 S. 1430                             2
 
 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
 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

 S. 1430                             3
 
 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
 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

 S. 1430                             4
 
 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.

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Senate Bill S1430

Sponsored By

Archive: Last Bill Status - Stricken

co-Sponsors

2019-S1430 (ACTIVE) - Details

2019-S1430 (ACTIVE) - Summary

2019-S1430 (ACTIVE) - Sponsor Memo

2019-S1430 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S1430

Share this bill

Sponsored By

Patty Ritchie

Archive: Last Bill Status - Stricken

co-Sponsors

Luis R. Sepúlveda

2019-S1430 (ACTIVE) - Details

2019-S1430 (ACTIVE) - Summary

2019-S1430 (ACTIVE) - Sponsor Memo

2019-S1430 (ACTIVE) - Bill Text download pdf

Comments