NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1137D REVISED MEMO 06/14/2018
SPONSOR: Galef TITLE OF BILL: An act to amend the domestic relations law and the
executive law, in relation to designating lay individuals to solemnize
marriages
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this legislation is to designate lay individuals as one-
day marriage officiants in order to solemnize marriages.
SUMMARY OF PROVISIONS:
Section 1. Subdivisions 1-a is incorporated into 1. A new subdivision
3-b is added to Section 11 of the Domestic Relations Law, and will read
as follows: A one-day marriage officiant, as designated by the secretary
of state pursuant to section one hundred ten of the Executive Law.
Section 2. Section 12 of the Domestic Relations Law is amended as
follows: No particular form or ceremony is required when a marriage is
solemnized as herein provided by a clergyman, magistrate, or one-day
marriage officiant as designated by the secretary of state pursuant to
section one hundred ten of the Executive Law.
Section 3. Section 13 of the Domestic Relations Law is amended as
follows: It shall be necessary for all persons intended to be married in
New York State to obtain a marriage license from a town or city clerk in
New York State and to deliver said license, within sixty days, to the
clergy-man, magistrate, or one-day marriage officiants as designated by
the secretary of state pursuant to section one hundred ten of the Execu-
tive Law who is to officiate before the marriage ceremony may be
performed.
Section 4. Section 13-b of the Domestic Relations Law is amended by
adding "one-day marriage officiant" to clergyman and magistrate.
Section 5. The Executive Law is amended by adding a new section 110 that
outlines the requirements that must be met to designate a lay person as
a one-day marriage officiant.
Section 6. Establishes the effective date.
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
The A print for the most part changed the term "temporary justice of the
peace" to "one-day marriage officiant". The B print was a technical
change to reflect the change in the laws of 2017. The C print merged 1-a
into 1, and added "or" in a few places.
JUSTIFICATION:
On September 24, 2006, Assemblywoman Galef attended a relatives wedding
in St. Helena, California. She was amazed by the beautiful ceremony that
took place, and while she had been to many lovely weddings in the past,
this one really stood out. The bride's sister-in-law was the officiant,
and through her personal relationship with the couple, she brought a
certain intimacy and connection to the ceremony. After leaving Califor-
nia and returning home, Assemblywoman Galef had one question on her
mind: What law could be passed to allow this marriage to take place in
our Great State of New York?
On April 20, 2006, legislation was first introduced to grant limited
authorization to someone other than a judge or clergy to solemnize a
marriage. It has been a long journey since then, traveled with passion
and dedication, but we are confident that this legislation is exactly
what New York State needs.
An increasing number of couples, with an eye on creating a personal
ceremony as unique as the bride and groom, prefer to be married by a
friend or relative. However, presently in New York State, the authority
to solemnize a marriage is very restrictive, and in desperate need of
modernization.
Currently, Alaska allows anyone to perform a marriage ceremony, includ-
ing a friend or relative as long as they first obtain a marriage commis-
sioner appointment from an Alaskan court. California, Massachusetts and
Vermont have passed laws that legally allow individuals to become tempo-
rary marriage officials for one day. Based on those models, this legis-
lation will permit the Secretary of State to authorize an individual as
a "one-day marriage officiant" for a specific marriage in New York as
long as they are over eighteen years of age, and the request is filed
properly.
PRIOR LEGISLATIVE HISTORY:
A. 5223-A of 2015/2016
A. 6952 of 2013/2014
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
There are no negative fiscal implications for the state and localities.
However, it does have the potential to produce revenue.
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law; provided, that effective immediately, the addition, amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation of this act on its effective date are authorized and directed to
be made and completed on or before such effective date.
