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S03756 Summary:

S03756 Actions:

S03756 Committee Votes:

S03756 Floor Votes:

S03756 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3756
 
                               2019-2020 Regular Sessions
 
                    IN SENATE
 
                                    February 13, 2019
                                       ___________
 
        Introduced  by  Sen.  MAYER  -- 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  waiving  the
          fee for marriage licenses for active duty members of the armed forces
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivision 3 of section 14-a  of  the  domestic  relations
     2  law,  as  amended by chapter 297 of the laws of 1963, is amended to read
     3  as follows:
     4    3. a. No fee shall be charged for any certificate when required by the
     5  veterans administration or by the division of veterans' affairs  of  the
     6  state  of  New  York  to  be  used in determining the eligibility of any
     7  person to participate in the benefits made  available  by  the  veterans
     8  administration or by the state of New York.
     9    b.  A  town  or city may elect to waive the fee for a certificate when
    10  either of the parties making  application  for  such  certificate  is  a
    11  member of the armed forces of the United States on active duty.
    12    §  2.  Subdivision  4  of section 15 of the domestic relations law, as
    13  amended by chapter 35 of the  laws  of  2017,  is  amended  to  read  as
    14  follows:
    15    4.  Before  issuing any licenses herein provided for, the town or city
    16  clerk shall be entitled to a fee of thirty dollars, which sum  shall  be
    17  paid  by  the  applicants  before  or at the time the license is issued;
    18  provided, however, that when either of the  parties  applying  for  such
    19  license  is a member of the armed forces of the  United States on active
    20  duty (i) a town or city may not collect that portion of  the  fee  which
    21  would  otherwise  be  transmitted  to  the  state commissioner of health
    22  pursuant to this subdivision and (ii) such town or  city  may  elect  to
    23  waive  the portion of the fee which the town or city is entitled to. Any
    24  town or city clerk who shall issue a license to marry any persons one or
    25  both of whom shall not be at the time of the marriage under such license
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00461-01-9
        S. 3756                             2
 
     1  legally competent to marry without first requiring the parties  to  such
     2  marriage to make such affidavits and statements or who shall not require
     3  the  production  of  documentary  proof  of  age or the procuring of the
     4  approval  and  consents  provided  for by this article, which shall show
     5  that the parties authorized by said license to be  married  are  legally
     6  competent  to  marry, shall be guilty of a misdemeanor and on conviction
     7  thereof shall be fined in the sum of one hundred dollars  for  each  and
     8  every  offense.  On or before the fifteenth day of each month, each town
     9  and city clerk, except in the city of New York, shall  transmit  to  the
    10  state  commissioner  of health twenty-two dollars and fifty cents of the
    11  amount received for each fee collected, which shall  be  paid  into  the
    12  vital  records  management  account as provided by section ninety-seven-
    13  cccc of the state finance law; provided, however, that no fee  shall  be
    14  collected on behalf of or paid to the commissioner of health when either
    15  of the parties applying for such license is a member of the armed forces
    16  of the United States on active duty. In any city the balance of all fees
    17  collected  for  the  issuing of a marriage license, or for solemnizing a
    18  marriage, so far as collected for services rendered by  any  officer  or
    19  employee  of such city, shall be paid monthly into the city treasury and
    20  may by ordinance be credited to any fund therein  designated,  and  said
    21  ordinance,  when duly enacted, shall have the force of law in such city.
    22  Notwithstanding any other provisions of this article, the clerk  of  any
    23  city  with  the  approval  of  the governing body of such city is hereby
    24  authorized to designate, in writing filed in the city clerk's office,  a
    25  deputy  clerk,  if  any,  and/or  other city employees in such office to
    26  receive applications for, examine applications,  investigate  and  issue
    27  marriage  licenses in the absence or inability of the clerk of said city
    28  to act, and said deputy and/or employees so designated are hereby vested
    29  with all the powers and duties of said city clerk relative thereto. Such
    30  deputy and/or employees shall perform  said  duties  without  additional
    31  compensation.
    32    § 3. This act shall take effect immediately.