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A07555 Summary:

BILL NOA07555
 
SAME ASSAME AS S06272
 
SPONSORGallahan
 
COSPNSR
 
MLTSPNSR
 
Amd §13-b, Dom Rel L; amd §354-d, Exec L
 
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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A07555 Actions:

BILL NOA07555
 
05/13/2021referred to judiciary
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A07555 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A7555
 
SPONSOR: Gallahan
  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 OR GENERAL IDEA OF BILL: This bill will permit any military personnel scheduled for deployment in less than thirty days to get married within twenty-four hours of receiv- ing 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.   PRIOR LEGISLATIVE HISTORY: New Bill   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None   EFFECTIVE DATE: This act shall take effect immediately.
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A07555 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7555
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                      May 13, 2021
                                       ___________
 
        Introduced by M. of A. GALLAHAN -- read once and referred to the Commit-
          tee 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:
 
     1    Section  1.  Section 13-b of the domestic relations law, as amended by
     2  chapter 35 of the laws of 2017, is amended to read as follows:
     3    § 13-b. Time within which marriage may be solemnized.   [A] 1.  Except
     4  as  provided in subdivision two of this section, a marriage shall not be
     5  solemnized within twenty-four hours after the issuance of  the  marriage
     6  license,  unless  authorized by an order of a court of record as herein-
     7  after provided, nor shall it be solemnized after  sixty  days  from  the
     8  date  of the issuance of the marriage license unless authorized pursuant
     9  to section three hundred fifty-four-d  of  the  executive  law.    Every
    10  license  to  marry hereafter issued by a town or city clerk, in addition
    11  to other requirements specified by this chapter, must contain  a  state-
    12  ment of the day and the hour the license is issued and the period during
    13  which  the marriage may be solemnized. It shall be the duty of the cler-
    14  gyman or magistrate performing the marriage ceremony, or if the marriage
    15  is solemnized by written contract, of the judge before whom the contract
    16  is acknowledged, to annex to or endorse upon the  marriage  license  the
    17  date  and  hour  the  marriage  is solemnized. A judge or justice of the
    18  supreme court of this state or the county judge of the county  in  which
    19  either  party to be married resides, or if such party is at least seven-
    20  teen years of age, the judge of the family court of such county,  if  it
    21  shall  appear  from  an  examination of the license and any other proofs
    22  submitted by the parties that one of the parties is in danger  of  immi-
    23  nent  death,  or  by  reason  of other emergency public interest will be
    24  promoted thereby, or that such delay will  work  irreparable  injury  or
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10896-01-1

        A. 7555                             2
 
     1  great  hardship  upon the contracting parties, or one of them, may, upon
     2  making written affirmative findings under subdivision three  of  section
     3  fifteen  of this article, make an order authorizing the immediate solem-
     4  nization  of  the marriage and upon filing such order with the clergyman
     5  or magistrate performing the marriage ceremony, or if the marriage is to
     6  be solemnized by written  contract,  with  the  judge  before  whom  the
     7  contract  is  acknowledged,  such  clergyman or magistrate may solemnize
     8  such marriage, or such judge may take such acknowledgment  as  the  case
     9  may  be,  without waiting for such three day period and twenty-four hour
    10  period to elapse. The clergyman, magistrate  or  judge  must  file  such
    11  order  with  the  town  or city clerk who issued the license within five
    12  days after the marriage is solemnized. Such  town  or  city  clerk  must
    13  record and index the order in the book required to be kept by him or her
    14  for recording affidavits, statements, consents and licenses, and when so
    15  recorded  the  order  shall  become a public record and available in any
    16  prosecution under this section. A person who shall solemnize a  marriage
    17  in  violation  of this section shall be guilty of a misdemeanor and upon
    18  conviction thereof shall be punished by a fine of fifty dollars for each
    19  offense, and in addition thereto,  his  or  her  right  to  solemnize  a
    20  marriage shall be suspended for ninety days.
    21    2.  Notwithstanding  the twenty-four hour waiting period prescribed in
    22  subdivision one of this section, any military personnel whose  scheduled
    23  military deployment is less than thirty days away may get married within
    24  twenty-four hours of receiving a marriage license.
    25    §  2.  Section  354-d of the executive law, as added by chapter 723 of
    26  the laws of 2005 and as renumbered by chapter 652 of the laws  of  2007,
    27  is amended to read as follows:
    28    §  354-d.  Time within which marriage may be solemnized; member of the
    29  armed forces. 1. Notwithstanding  section  thirteen-b  of  the  domestic
    30  relations  law,  where  either  of  the parties making application for a
    31  marriage license, pursuant to section thirteen of the domestic relations
    32  law, is a member of the armed forces of the United States on active duty
    33  the marriage of the parties shall not be solemnized  within  twenty-four
    34  hours after the issuance of the marriage license, nor shall it be solem-
    35  nized after one hundred eighty days from the date of the issuance of the
    36  marriage  license.  Proof  that  the  applicant is a member of the armed
    37  forces of the United States shall be furnished to  the  satisfaction  of
    38  the official issuing the marriage license. Every license to marry issued
    39  pursuant  to the provisions of this section shall state the day and hour
    40  the license is issued and shall contain a  recital  that  it  is  issued
    41  pursuant to the provisions of this section.
    42    2.  Notwithstanding  the twenty-four hour waiting period prescribed in
    43  subdivision one of this section, any military personnel whose  scheduled
    44  military deployment is less than thirty days away may get married within
    45  twenty-four hours of receiving a marriage license.
    46    § 3. This act shall take effect immediately.
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