S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2181
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 23, 2023
                                ___________
 
 Introduced by M. of A. L. ROSENTHAL, CARROLL, ZINERMAN, LUNSFORD -- read
   once and referred to the Committee on Judiciary
 
 AN  ACT  to  amend the domestic relations law, in relation to permitting
   the witnessing and solemnization of a marriage ceremony and the  issu-
   ance  of  a  marriage  license  application  or marriage license to be
   performed utilizing audio-video technology
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.    Section 12 of the domestic relations law, as amended by
 chapter 798 of the laws of 2022, is amended to read as follows:
   § 12. Marriage, how solemnized. 1. No particular form or  ceremony  is
 required  when  a marriage is solemnized as herein provided by a clergy-
 man, 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  clergy-
 man, magistrate, or one-day marriage officiant and the attending witness
 or  witnesses  that  they  take each other as spouses. In every case, at
 least one witness beside the clergyman, magistrate, or one-day  marriage
 officiant must be present at the ceremony.
   2.  THE  WITNESSING OR SOLEMNIZING OF THE CEREMONY IS AUTHORIZED TO BE
 PERFORMED UTILIZING AUDIO-VIDEO TECHNOLOGY PROVIDED THAT  THE  FOLLOWING
 CONDITIONS ARE MET:
   (A)  THE  COUPLE  SEEKING  THE  MARRIAGE SERVICES, SHALL PRESENT VALID
 PHOTO IDENTIFICATION TO VERIFY IDENTITY WHENEVER REQUIRED BY LAW  DURING
 THE VIDEO CONFERENCE;
   (B)  THE  VIDEO  CONFERENCE SHALL ALLOW FOR DIRECT INTERACTION BETWEEN
 THE COUPLE AND THE WITNESS OR WITNESSES AND THE PERSON  SOLEMNIZING  THE
 MARRIAGE;
   (C)  THE COUPLE SHALL AFFIRMATIVELY REPRESENT THAT THEY ARE PHYSICALLY
 SITUATED IN THE JURISDICTION WHERE THE MARRIAGE IS  LEGALLY  ALLOWED  TO
 OCCUR WITHIN THE STATE;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05727-01-3
              

 A. 2181                             2
 
   (D)  THE  COUPLE  SHALL  TRANSMIT BY FAX OR ELECTRONIC MEANS A LEGIBLE
 COPY OF THE SIGNED MARRIAGE LICENSE DIRECTLY TO THE WITNESS OR WITNESSES
 AND THE PERSON SOLEMNIZING THE MARRIAGE ON THE SAME DATE IT WAS SIGNED;
   (E)  THE  WITNESS OR WITNESSES AND THE PERSON SOLEMNIZING THE MARRIAGE
 SHALL SIGN THE TRANSMITTED COPY OF THE MARRIAGE LICENSE AND TRANSMIT THE
 SAME BACK TO THE PERSON RESPONSIBLE FOR THE MARRIAGE LICENSE; AND
   (F) TO THE EXTENT  PRACTICABLE,  ALL  PARTIES  SHALL  USE  THEIR  BEST
 EFFORTS TO ENSURE THE MARRIAGE LICENSE IS TRANSMITTED IN THE MOST CONFI-
 DENTIAL  MANNER  AND INFORMATION WILL NOT BE RELEASED TO ANY THIRD PARTY
 NOT ASSOCIATED WITH THE MARRIAGE LICENSE AND MARRIAGE CEREMONY.
   3. 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 solemniz-
 ing marriages; but such marriages must be solemnized in the manner here-
 tofore used and practiced  in  their  respective  societies  or  denomi-
 nations,  and  marriages  so  solemnized  shall  be  as valid as if this
 article had not been enacted.
   § 2. Section 13 of the domestic relations law, as amended  by  chapter
 798 of the laws of 2022, is amended to read as follows:
   §  13.  Marriage  licenses.  1.  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  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]
 ARTICLE, 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 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 different, sex.
   2. ANY ISSUANCE OF A MARRIAGE LICENSE APPLICATION OR MARRIAGE  LICENSE
 IS  AUTHORIZED TO BE PERFORMED UTILIZING AUDIO-VIDEO TECHNOLOGY PROVIDED
 THAT THE FOLLOWING CONDITIONS ARE MET:
   (A) THE COUPLE SEEKING THE  MARRIAGE  SERVICES,  SHALL  PRESENT  VALID
 PHOTO  IDENTIFICATION TO VERIFY IDENTITY WHENEVER REQUIRED BY LAW DURING
 THE VIDEO CONFERENCE;
   (B) THE VIDEO CONFERENCE SHALL ALLOW FOR  DIRECT  INTERACTION  BETWEEN
 THE COUPLE AND THE TOWN OR CITY CLERK;
   (C)  THE COUPLE SHALL AFFIRMATIVELY REPRESENT THAT THEY ARE PHYSICALLY
 SITUATED IN THE JURISDICTION OF THE TOWN OR CITY CLERK;
   (D) THE COUPLE SHALL TRANSMIT BY FAX OR  ELECTRONIC  MEANS  A  LEGIBLE
 COPY  OF  THE  SIGNED DOCUMENT DIRECTLY TO THE TOWN OR CITY CLERK ON THE
 SAME DATE IT WAS SIGNED;
 A. 2181                             3
 
   (E) THE TOWN OR CITY CLERK SHALL SIGN  THE  TRANSMITTED  COPY  OF  THE
 DOCUMENT  AND  TRANSMIT  THE SAME BACK TO THE PERSON RESPONSIBLE FOR THE
 DOCUMENT; AND
   (F) TO THE EXTENT PRACTICABLE, ALL PARTIES WILL USE THEIR BEST EFFORTS
 TO  ENSURE  THE  DOCUMENT IS TRANSMITTED IN THE MOST CONFIDENTIAL MANNER
 AND INFORMATION WILL NOT BE RELEASED TO ANY THIRD PARTY  NOT  ASSOCIATED
 WITH THE MARRIAGE LICENSE.
   THE  ELECTRONIC  SIGNED  COPY  OF  THE MARRIAGE LICENSE APPLICATION OR
 MARRIAGE LICENSE SHALL BE THE OFFICIAL DOCUMENT  FOR  PURPOSES  OF  THIS
 CHAPTER.  LOCAL  TOWN  AND CITY CLERKS SHALL PROVIDE GUIDANCE RELATED TO
 HOW MARRIAGE LICENSURE APPLICATIONS AND ISSUANCE IS IMPLEMENTED  IN  THE
 JURISDICTION OF SUCH CLERK.
   §  3.  This  act shall take effect on the ninetieth day after it shall
 have become a law;  provided,  however,  that  the  amendments  made  to
 sections  12  and 13 of the domestic relations law, made by sections one
 and two of this act, respectively, shall take effect on  the  same  date
 and in the same manner as chapter 798 of the laws of 2022, takes effect.
 Effective immediately, the addition, amendment and/or repeal of any rule
 or regulation necessary for the implementation of this act on its effec-
 tive  date  are  authorized  to  be made and completed on or before such
 effective date.