S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3371
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 2, 2023
                                ___________
 
 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 veterans' services
   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  separately
 amended  by  section  39 of part PP of chapter 56 and chapter 798 of the
 laws of 2022, 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  ten  of  the veterans' services law. Every license to marry
 hereafter issued by a town or city clerk, in addition to other  require-
 ments 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, 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 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06823-01-3
              

 A. 3371                             2
 
 reason of other emergency public interest will be promoted  thereby,  or
 that  such delay will work irreparable injury or great hardship upon the
 contracting parties, or one of them, may, make an order authorizing  the
 immediate  solemnization of the marriage and upon filing such order with
 the clergyman, 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,  magistrate  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, judge, or one-day  marriage  offici-
 ant,  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
 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 10 of the  veterans' services law is amended to read as
 follows:
   § 10. Time within which marriage may  be  solemnized;  member  of  the
 uniformed  services. 1. Notwithstanding section thirteen-b of the domes-
 tic 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  uniformed services 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 solemnized after one hundred eighty days  from  the  date  of  the
 issuance  of  the marriage license. Proof that the applicant is a member
 of the uniformed services 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; provided, that if part PP
 of chapter 56 of the laws of 2022 shall not  have  taken  effect  on  or
 before such date then sections one and two of this act shall take effect
 on the same date and in the same manner as such part takes effect.