S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7555
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 13, 2021
                                ___________
 
 Introduced by M. of A. GALLAHAN -- read once and referred to the Commit-
   tee on Judiciary
 
 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
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD10896-01-1

 A. 7555                             2
 
 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.