Authorizes certain military personnel who are scheduled to be deployed within thirty days to get married within twenty-four hours of receiving a marriage license.

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S1174-2013 Actions

• May 22, 2013: referred to judiciary
• May 22, 2013: DELIVERED TO ASSEMBLY
• May 22, 2013: PASSED SENATE
• May 21, 2013: ORDERED TO THIRD READING CAL.716
• May 21, 2013: COMMITTEE DISCHARGED AND COMMITTED TO RULES
• Jan 9, 2013: REFERRED TO JUDICIARY

S1174-2013 Meetings

Rules: May 21, 2013

S1174-2013 Calendars

Active List: May 22, 2013 , Floor Calendar: May 22, 2013

S1174-2013 Votes

S1174-2013 Memo

BILL NUMBER:S1174

TITLE OF BILL:
An act
to amend the domestic relations law and the executive 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:
2009-10 - S.2469 Referred to Judiciary
2011    - Referred to Judiciary
2012    - Passed Senate

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

S1174-2013 Text

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

                                    1174

                         2013-2014 Regular Sessions

                              I N  SENATE

                                 (PREFILED)

                               January 9, 2013
                                 ___________

  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 and  the  executive  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-

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD05002-01-3

 S. 1174                             2

  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,
  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.