STATE OF NEW YORK
________________________________________________________________________
8716
IN SENATE
July 10, 2020
___________
Introduced by Sen. KENNEDY -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the domestic relations law, in relation to permitting
issuance of a marriage license application or marriage license to be
performed utilizing audio-video technology
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 13 of the domestic relations law, as amended by
2 chapter 95 of the laws of 2011, is amended to read as follows:
3 § 13. Marriage licenses. 1. It shall be necessary for all persons
4 intended to be married in New York state to obtain a marriage license
5 from a town or city clerk in New York state and to deliver said license,
6 within sixty days, to the clergyman or magistrate who is to officiate
7 before the marriage ceremony may be performed. In case of a marriage
8 contracted pursuant to subdivision four of section eleven of this [chap-
9 ter] article, such license shall be delivered to the judge of the court
10 of record before whom the acknowledgment is to be taken. If either party
11 to the marriage resides upon an island located not less than twenty-five
12 miles from the office or residence of the town clerk of the town of
13 which such island is a part, and if such office or residence is not on
14 such island such license may be obtained from any justice of the peace
15 residing on such island, and such justice, in respect to powers and
16 duties relating to marriage licenses, shall be subject to the provisions
17 of this article governing town clerks and shall file all statements or
18 affidavits received by him while acting under the provisions of this
19 section with the town clerk of such town. No application for a marriage
20 license shall be denied on the ground that the parties are of the same,
21 or a different, sex.
22 2. Any issuance of a marriage license application or marriage license
23 is authorized to be performed utilizing audio-video technology provided
24 that the following conditions are met:
25 (a) the couple seeking the marriage services, shall present valid
26 photo identification to verify identity whenever required by law during
27 the video conference;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD16834-01-0
S. 8716 2
1 (b) the video conference shall allow for direct interaction between
2 the couple and the town or city clerk;
3 (c) the couple shall affirmatively represent that they are physically
4 situated in the jurisdiction of the town or city clerk;
5 (d) the couple shall transmit by fax or electronic means a legible
6 copy of the signed document directly to the town or city clerk on the
7 same date it was signed;
8 (e) the town or city clerk shall sign the transmitted copy of the
9 document and transmit the same back to the person responsible for the
10 document; and
11 (f) to the extent practicable, all parties will use their best efforts
12 to ensure the document is transmitted in the most confidential manner
13 and information will not be released to any third party not associated
14 with the marriage license.
15 The electronic signed copy of the marriage license application or
16 marriage license shall be the official document for purposes of this
17 chapter. Local town and city clerks shall provide guidance related to
18 how marriage licensure applications and issuance is implemented in the
19 jurisdiction of such clerk.
20 § 2. This act shall take effect on the ninetieth day after it shall
21 have become a law. Effective immediately, the addition, amendment
22 and/or repeal of any rule or regulation necessary for the implementation
23 of this act on its effective date are authorized to be made and
24 completed on or before such effective date.