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

                                  9315

                          I N  A S S E M B L Y

                              April 8, 2014
                               ___________

Introduced  by  M.  of  A. RUSSELL -- (at request of the Office of Court
  Administration) -- read once and referred to the Committee on  Judici-
  ary

AN  ACT  to  amend  the  domestic  relations  law and the Indian law, in
  relation to solemnization of marriage by certain officials on an Indi-
  an reservation

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section  11  of  the domestic relations law is amended by
adding a new subdivision 3-a to read as follows:
  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.
  S  2.  Subdivision  6  of section 11 of the domestic relations law, as
amended by chapter 39 of the  laws  of  1991,  is  amended  to  read  as
follows:
  6. Notwithstanding any other provisions of this article to the contra-
ry no marriage shall be solemnized by a public officer specified in this
section,  other  than a judge of a federal district court for the north-
ern, southern, eastern or western district of New York, a judge  of  the
United States court of international trade, a federal administrative law
judge  presiding  in this state, a judge or justice of the unified court
system of this [State] STATE, a housing judge of the civil court of  the
city  of  New  York,  or a retired judge or justice of the unified court
system or a retired housing judge of the civil court certified  pursuant
to paragraph (k) of subdivision two of section two hundred twelve of the
judiciary  law,  NOR  BY  ANY  OF  THE  PERSONS SPECIFIED IN SUBDIVISION
THREE-A OF THIS SECTION, outside the territorial jurisdiction  in  which
he or she was elected [or], appointed OR DULY DESIGNATED.  Such a public

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13654-01-4
              

A. 9315                             2

officer,  however,  elected or appointed within the city of New York may
solemnize a marriage anywhere within such city.
  S  3.  Section  4  of the Indian law, as amended by chapter 229 of the
laws of 1957 and as renumbered by chapter 174 of the laws  of  2013,  is
amended to read as follows:
  S  4.  Marriage  and  divorce.  The  laws of the state relating to the
capacity to contract marriage, the solemnization of marriage, the annul-
ment of the marriage contract, and divorce, are applicable  to  Indians;
and subject to the jurisdiction of the peacemakers' courts of the Seneca
nation  to  grant  divorces,  the same courts shall have jurisdiction of
actions arising thereunder. But Indians who have  heretofore  [contract]
CONTRACTED  marriage  according to the Indian custom or usage, and shall
cohabit as husband and wife, shall be deemed lawfully married.  [Indian]
AS PROVIDED BY SUBDIVISION THREE-A OF SECTION  ELEVEN  OF  THE  DOMESTIC
RELATIONS  LAW, marriages may be solemnized by [peacemakers within their
jurisdiction with the same force and effect  as  by  a  justice  of  the
peace]  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 THAT PURPOSE, 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.
  S 4. This act shall take effect immediately.