S T A T E O F N E W Y O R K
________________________________________________________________________
2234
2023-2024 Regular Sessions
I N S E N A T E
January 19, 2023
___________
Introduced by Sen. HOYLMAN-SIGAL -- read twice and ordered printed, and
when printed to be committed to the Committee on Rules
AN ACT to amend the domestic relations law, in relation to designating
lay individuals to solemnize marriages; and to repeal certain
provisions of the executive law related thereto
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivisions 1, 2, 3-a and 3-b of section 11 of the domes-
tic relations law, subdivisions 1, 2 and 3-a as amended and subdivision
3-b as added by a chapter of the laws of 2022 amending the domestic
relations law and the executive law relating to designating lay individ-
uals to solemnize marriages, as proposed in legislative bills numbers S.
739-A and A. 6300-A, are amended 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.
LBD03960-01-3
S. 2234 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] A TOWN
OR CITY CLERK PURSUANT TO SECTION ELEVEN-D OF THIS ARTICLE; or,
§ 2. Section 12 of the domestic relations law, as amended by a chapter
of the laws of 2022 amending the domestic relations law and the execu-
tive law relating to designating lay individuals to solemnize marriages,
as proposed in legislative bills numbers S. 739-A and A. 6300-A, 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 clergy-
man[,] OR magistrate, or one-day marriage officiant as designated by
[the secretary of state pursuant to section one hundred ten of the exec-
utive law] A TOWN OR CITY CLERK PURSUANT TO SECTION ELEVEN-D OF THIS
ARTICLE, but the parties must solemnly declare in the presence of a
clergyman, magistrate, or SUCH 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
SUCH one-day marriage officiant must be present at the ceremony.
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 a chapter
of the laws of 2022 amending the domestic relations law and the execu-
tive law relating to designating lay individuals to solemnize marriages,
as proposed in legislative bills numbers S. 739-A and A. 6300-A, 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, magistrate, or one-day marriage
officiant as designated by [the secretary of state pursuant to section
S. 2234 3
one hundred ten of the executive law] A TOWN OR CITY CLERK PURSUANT TO
SECTION ELEVEN-D OF THIS ARTICLE 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 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.
§ 4. Section 13-b of the domestic relations law, as amended by a chap-
ter of the laws of 2022 amending the domestic relations law and the
executive law relating to designating lay individuals to solemnize
marriages, as proposed in legislative bills numbers S. 739-A and A.
6300-A, 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, magistrate, or one-day marriage officiant, as designated by
[the secretary of state pursuant to section one hundred ten of the
executive law] A TOWN OR CITY CLERK PURSUANT TO SECTION ELEVEN-D OF THIS
ARTICLE, performing the marriage ceremony, or if the marriage is solem-
nized 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 reason of other emergency public inter-
est 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 SUCH
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 clergy-
man, magistrate, judge, or SUCH one-day marriage officiant, as desig-
nated by [the secretary of state pursuant to section one hundred ten of
the executive law] A TOWN OR CITY CLERK PURSUANT TO SECTION ELEVEN-D OF
S. 2234 4
THIS ARTICLE, 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.
§ 5. Section 110 of the executive law, as added by a chapter of the
laws of 2022 amending the domestic relations law and the executive law
relating to designating lay individuals to solemnize marriages, as
proposed in legislative bills numbers S. 739-A and A. 6300-A, is
REPEALED.
§ 6. The domestic relations law is amended by adding a new section
11-d to read as follows:
§ 11-D. ONE-DAY MARRIAGE OFFICIANT LICENSE. 1. A TOWN OR CITY CLERK
SHALL ISSUE A ONE-DAY MARRIAGE OFFICIANT LICENSE UPON REQUEST. SUCH
ONE-DAY MARRIAGE OFFICIANT SHALL HAVE THE AUTHORITY TO SOLEMNIZE A
MARRIAGE WHICH MARRIAGE SHALL BE VALID IF PERFORMED IN ACCORDANCE WITH
OTHER PROVISIONS OF LAW. NOTHING HEREIN CONTAINED SHALL NULLIFY THE
AUTHORITY OF OTHER PERSONS AUTHORIZED TO SOLEMNIZE MARRIAGES.
2. SUCH ONE-DAY MARRIAGE OFFICIANT SHALL BE EIGHTEEN YEARS OF AGE OR
OVER AND NEED NOT BE A RESIDENT OF THE TOWN OR CITY TO WHICH THEY APPLY
OR A RESIDENT OF THE STATE. A ONE-DAY MARRIAGE OFFICIANT SHALL HAVE THE
AUTHORITY TO SOLEMNIZE A MARRIAGE ANYWHERE IN THE STATE.
3. AN APPLICANT FOR A ONE-DAY MARRIAGE OFFICIANT LICENSE MUST APPLY
FOR SUCH LICENSE IN THE SAME TOWN OR CITY CLERK'S OFFICE AS THE COUPLE
TO BE MARRIED. SUCH APPLICANT SHALL NOT BE REQUIRED TO PERSONALLY
APPEAR.
4. A TOWN OR CITY CLERK SHALL BE ENTITLED TO A FEE OF TWENTY-FIVE
DOLLARS FOR ISSUING A ONE-DAY MARRIAGE OFFICIANT LICENSE. SUCH LICENSE
SHALL BE ISSUED ONLY AFTER PAYMENT OF SUCH FEE AND SUBMISSION OF A
COMPLETED APPLICATION FORM.
5. THE APPLICATION FORM SHALL REQUIRE THE FOLLOWING INFORMATION OF THE
APPLICANT: NAME, DATE OF BIRTH, ADDRESS, EMAIL ADDRESS AND TELEPHONE
NUMBER. THE APPLICATION FORM SHALL ALSO REQUIRE THE FOLLOWING INFORMA-
TION OF THE PARTIES TO BE MARRIED: NAMES, DATES OF BIRTH, AND ADDRESSES
AS THEY APPEAR ON THE APPLICATION FOR A MARRIAGE LICENSE.
6. SUCH LICENSE SHALL ONLY BE VALID FOR THE PARTIES TO BE MARRIED AS
STATED ON THE APPLICATION AND SHALL EXPIRE UPON THE EARLIER OF EITHER
COMPLETION OF SUCH SOLEMNIZATION OR THE EXPIRATION OF THE MARRIAGE
LICENSE.
7. ONE-DAY MARRIAGE OFFICIANTS SHALL BE EXEMPT FROM REGISTRATION AS
REQUIRED PURSUANT TO SECTION ELEVEN-B OF THIS ARTICLE.
§ 7. This act shall take effect on the same date and in the same
manner as a chapter of the laws of 2022 amending the domestic relations
law and the executive law relating to designating lay individuals to
solemnize marriages, as proposed in legislative bills numbers S. 739-A
and A. 6300-A, takes effect.
