S T A T E   O F   N E W   Y O R K
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                                  4189

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              March 5, 2015
                               ___________

Introduced  by  Sen.  AVELLA -- 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 solemnization
  of marriages by a civil celebrant

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

  Section  1.  Subdivision 1 of section 11 of the domestic relation law,
as amended  by chapter 95 of the laws of 2011,  is  amended  and  a  new
subdivision 1-b is added to read as follows:
  1.  A  clergyman or minister of any religion, A CIVIL CELEBRANT WHO IS
CERTIFIED BY THE SECRETARY OF STATE TO SOLEMNIZE MARRIAGES AS SET  FORTH
IN SUBDIVISION ONE-B OF THIS SECTION, 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 Manhattan, 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  Riverdale-Yonkers  Ethical
Society having its principal office in Bronx county, 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-B. A CIVIL CELEBRANT SHALL BE AUTHORIZED TO SOLEMNIZE  MARRIAGES  IF
CERTIFIED TO DO SO BY THE SECRETARY OF STATE.
  (A) A CIVIL CELEBRANT SHALL RECEIVE A CERTIFICATION FROM THE SECRETARY
OF STATE TO SOLEMNIZE MARRIAGES IF THE CELEBRANT:
  (1) IS AT LEAST EIGHTEEN YEARS OF AGE AND HAS GRADUATED FROM A SECOND-
ARY SCHOOL IN THE UNITED STATES;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09274-01-5
              

S. 4189                             2

  (2)  HAS COMPLETED A CIVIL CELEBRANT COURSE OFFERED BY A NON-DENOMINA-
TIONAL OR EDUCATIONAL CHARITABLE ORGANIZATION THAT  IS  REGISTERED  WITH
THE STATE AND WHICH COURSE:
  (I)  INCLUDES  CLASSES THAT MEET WEEKLY OR WITH MORE FREQUENCY, EITHER
ADMINISTERED IN PERSON OR BY OTHER MEANS, OVER A PERIOD OF NOT LESS THAN
SIX MONTHS; AND
  (II) EDUCATES ON TOPICS  INCLUDING,  BUT  NOT  LIMITED  TO,  CELEBRANT
PHILOSOPHY  AND  HISTORY, CEREMONIAL STRUCTURE, AND CEREMONIAL PRESENTA-
TIONS; AND
  (3)(I) SUBMITS A COMPLETED APPLICATION FORM, DEVELOPED BY  THE  SECRE-
TARY  OF  STATE  PURSUANT  TO  REGULATION,  WHICH  INCLUDES THE NAME AND
ADDRESS OF THE CELEBRANT-APPLICANT ALONG WITH ANY OTHER RELEVANT  INFOR-
MATION  ON  THE  CELEBRANT-APPLICANT REQUIRED BY THE SECRETARY OF STATE,
AND SUPPORTING DOCUMENTATION WITH RESPECT TO ALL CERTIFICATION  REQUIRE-
MENTS SET FORTH IN THIS SUBDIVISION; AND
  (II)  PAYS  TO  THE DEPARTMENT OF STATE, AT THE TIME OF SUBMITTING THE
COMPLETED APPLICATION, A FEE OF NOT LESS THAN FIFTY DOLLARS OR MORE THAN
SEVENTY-FIVE DOLLARS, AS DETERMINED BY THE SECRETARY OF STATE  BY  REGU-
LATION,  TO COVER COSTS FOR PROCESSING APPLICATIONS, PRODUCING AND ISSU-
ING CERTIFICATES, AND MAINTAINING RECORDS ON  APPLICATIONS  AND  CERTIF-
ICATES ISSUED OR DENIED.
  (B)(1)  A  CELEBRANT-APPLICANT  SHALL  NOT  BE AUTHORIZED TO SOLEMNIZE
MARRIAGES UNTIL THE APPLICATION FOR CERTIFICATION IS  APPROVED  AND  THE
CERTIFICATE RECEIVED FROM THE SECRETARY OF STATE.
  (2) A CIVIL CELEBRANT WHO HAS RECEIVED A CERTIFICATION FROM THE SECRE-
TARY  OF  STATE  MAY  HAVE THAT CERTIFICATION REVOKED, THROUGH A HEARING
BEFORE AN ADMINISTRATIVE LAW JUDGE, IF THE SECRETARY OF STATE DETERMINES
THAT ANY INFORMATION PROVIDED IN THE CELEBRANT'S APPLICATION WAS INACCU-
RATE OR OTHERWISE DID NOT COMPLY WITH THE CERTIFICATION REQUIREMENTS SET
FORTH IN THIS SUBDIVISION. A CIVIL CELEBRANT  SUBJECT  TO  A  REVOCATION
HEARING  BEFORE  AN ADMINISTRATIVE LAW JUDGE OR ANY APPEAL THEREOF SHALL
NOT BE AUTHORIZED TO SOLEMNIZE MARRIAGES AND SHALL ONLY AGAIN BE AUTHOR-
IZED TO DO SO IF A FINAL DETERMINATION  IS  MADE  PERMITTING  THE  CIVIL
CELEBRANT TO RETAIN THE CERTIFICATION.
  S 2. This act shall take effect immediately.