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.
Ayes (57): Adams, Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Dilan, Duane, Espaillat, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Huntley, Kennedy, Klein, Krueger, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Montgomery, Nozzolio, O'Mara, Oppenheimer, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stewart-Cousin, Valesky, Young, Zeldin
Excused (4): Diaz, Hassell-Thomps, Johnson, Stavisky
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.
STATE OF NEW YORK ________________________________________________________________________ 490 2011-2012 Regular Sessions IN 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 hardshipEXPLANATION--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.