S490-2011 Actions

• May 31, 2012: referred to judiciary
• May 31, 2012: DELIVERED TO ASSEMBLY
• May 31, 2012: PASSED SENATE
• May 21, 2012: ADVANCED TO THIRD READING
• May 16, 2012: 2ND REPORT CAL.
• May 15, 2012: 1ST REPORT CAL.783
• Jan 4, 2012: REFERRED TO JUDICIARY
• Jan 5, 2011: REFERRED TO JUDICIARY

S490-2011 Meetings

S490-2011 Calendars

S490-2011 Votes

S490-2011 Memo

BILL NUMBER:S490

TITLE OF BILL:
An act
to amend the domestic relations law, in relation to allowing marriages
within twenty-four hours of receiving a marriage license

PURPOSE:
This bill will permit any military personnel scheduled for deployment
in less than thirty days to get married within twenty-four hours of
receiving their marriage license.

SUMMARY OF PROVISIONS:
Section 1 amends section 13-b of the domestic relations law in
relation to the time within which a marriage can be solemnized. This
legislation will allow military personnel deploying in less than
thirty days to waive the twenty-four hour waiting period upon
receiving a marriage license.

JUSTIFICATION:
The twenty-four hour waiting period that couples have to wait before
they can get married does not seem like a long time. For men and
women in the military this waiting period can be a hindrance if they
get deployed on short notice. This is important today with our War in
Iraq because many men and women are being sent overseas, and with
that there has been an increase in the number of marriage licenses
from military personnel. A similar waiver was enacted during the
Vietnam War but since has expired. In the short time before
deployment there are many things that military personnel need to take
care of, having to wait twenty-four hours to get married should not
be one of them.

LEGISLATIVE HISTORY:
2004:     S.6521 Referred to Judiciary
2007-08:  S.2469 Referred to Judiciary
2009-10:  S.2469 Referred to Judiciary

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

S490-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                          490
 2011-2012 Regular Sessions
 I N  SENATE
 (PREFILED)
 January 5, 2011
 
 Introduced  by  Sen.  ROBACH -- read twice and ordered printed, and when
 printed to be committed to the Committee on Judiciary
 

AN ACT to amend the domestic relations  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 652 of the laws of 2007, is amended to read as follows:

 

S 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 under sixteen
 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
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD01924-01-1
 
       S. 490                              2
 upon the contracting parties, or one of them, may make an order  author
 izing  the  immediate solemnization 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 magis
 trate may solemnize such marriage, or such judge may take such  acknowl
 edgment  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.
 

S  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:

 

S  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.
 

S 3. This act shall take effect immediately.

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