NY State Assembly Bill 2009-A11151

Assembly Bill A11151

2009-2010 Legislative Session

Allows military personnel to marry within twenty-four hours of receiving a marriage license

download bill text pdf

Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 20, 2010	referred to judiciary

2009-A11151 (ACTIVE) - Details

See Senate Version of this Bill:: S7570
Current Committee:: Assembly Judiciary
Law Section:: Domestic Relations Law
Laws Affected:: Amd §13-b, Dom Rel L; amd §354-d, Exec L
Versions Introduced in 2011-2012 Legislative Session:: A3962

2009-A11151 (ACTIVE) - Summary

Allows military personnel to marry within twenty-four hours of receiving a marriage license.

2009-A11151 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:A11151

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

PURPOSE:  This bill will permit active military personnel scheduled  for
deployment in less than 60 days, or while such personnel are deployed or
during  military  mobilization  period 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 sixty days or during a mobilization period to waive the twen-
ty-four hour waiting period  upon  receiving  a  marriage  license.  The
legislation also adds the word "or her" when referencing to town or city
clerks.

Section  2 amends section 354-d of the executive law to provide the same
waiver.

Section 3 authorizes that this act shall take effect immediately.

JUSTIFICATION:  Until recently, there was usually a period of one to two
years between military deployments. Troops  and  families  had  time  to

prepare,  to see that affairs were in order, and to discuss expectations
and coping strategies. In response to world  events  including  war  and
terrorism,  deployments  are  happening  more  frequently  and with less
notice. These factors cause  service  members  and  families  additional
stress, and have increased the challenges of deployment readiness.

Here  in  New York, we have Fort Drum, the most deployed division in the
United States Military. There is also an  increased  number  of  service
members  from  the  Reserves, National Guard and Inactive Ready Reserves
being called upon to serve in  our  comprehensive  Overseas  Contingency
Operations. These activations often cause unique situations resulting in
marriages  that  need  to  be expedited due to pre-mobilization training
requirements and enrollment deadlines  for  the  Department  of  Defense
eligibility benefits for spouses and dependents.

Under  current  law,  there  is  a  twenty-four hour waiting period that
couples have to wait before they can get married. For men and  women  in
the  military  this  waiting period is burdensome and can cause unneeded
stress. A deployment is never easy for military men and women, they must
go through practical preparation, financial readiness, personal prepara-
tion, and emotional readiness. This legislation will make  it  a  little
easier  for  them  to  get married and is one less issue they need to be
concerned about prior to mobilization.  A  similar  waiver  was  enacted
during the Vietnam War, but since has expired.

LEGISLATIVE HISTORY: None.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE:  This act shall take effect immediately.

2009-A11151 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  11151

                          I N  A S S E M B L Y

                              May 20, 2010
                               ___________

Introduced  by  M.  of  A.  MAGNARELLI  -- read once and referred to the
  Committee on Judiciary

AN ACT to amend the domestic relations law and  the  executive  law,  in
  relation  to  allowing military personnel 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
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,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD03508-04-0

A. 11151                            2

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 SIXTY DAYS AWAY, OR WHILE SUCH PERSON-
NEL ARE DEPLOYED OR DURING A MOBILIZATION PERIOD, 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 SIXTY DAYS AWAY, OR WHILE SUCH  PERSON-
NEL ARE DEPLOYED OR DURING A MOBILIZATION PERIOD, MAY GET MARRIED WITHIN
TWENTY-FOUR HOURS OF RECEIVING A MARRIAGE LICENSE.
  S 3. This act shall take effect immediately.

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