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S06330 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         6330--A
 
                               2019-2020 Regular Sessions
 
                    IN SENATE
 
                                      June 5, 2019
                                       ___________
 
        Introduced  by  Sen. KRUEGER -- read twice and ordered printed, and when
          printed to be  committed  to  the  Committee  on  Rules  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee
 
        AN  ACT  to  amend  the  domestic  relations law, in relation to who may
          solemnize a marriage

          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 11 of the domestic relations law,
     2  as amended by chapter 633 of the laws of 2008, is  amended  to  read  as
     3  follows:
     4    3. A judge of [the] a federal circuit court of appeals [for the second
     5  circuit],  a judge of a federal district court [for the northern, south-
     6  ern, eastern or western district of New York], a  judge  of  the  United
     7  States  court of international trade, a federal administrative law judge
     8  presiding in this state, a justice or judge of a court  of  the  unified
     9  court  system,  a  housing  judge  of the civil court of the city of New
    10  York, a retired justice or judge  of  the  unified  court  system  or  a
    11  retired  housing judge of the civil court of the city of New York certi-
    12  fied pursuant to paragraph (k) of subdivision two of section two hundred
    13  twelve of the judiciary law, the clerk of the appellate division of  the
    14  supreme  court  in  each  judicial  department, a retired city clerk who
    15  served for more than ten years in such capacity in a city having a popu-
    16  lation of one million or more or a county clerk of a county wholly with-
    17  in cities having a population of one million or more; or,
    18    § 2. Subdivision 5 of section 11 of the  domestic  relations  law,  as
    19  amended  by  chapter  264  of  the  laws  of 1996, is amended to read as
    20  follows:
    21    5. Notwithstanding any other provision of this article,  where  either
    22  or  both  of  the  parties is under the age of eighteen years a marriage
    23  shall be solemnized only by those authorized in subdivision one of  this

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13016-02-9

        S. 6330--A                          2
 
     1  section or by (1) the mayor of a city or village, or county executive of
     2  a  county, or by (2) a judge of [the] a federal circuit court of appeals
     3  [for the second circuit], a judge of a federal district court  [for  the
     4  northern, southern, eastern or western district of New York], a judge of
     5  the  United States court of international trade, or a justice or a judge
     6  of a court of the unified court system, or by (3) a housing judge of the
     7  civil court of the city of New York, or by (4) a  former  mayor  or  the
     8  clerk  of  a  city of the first class of over one million inhabitants or
     9  any of his or her deputies designated by him or her for such purposes as
    10  provided in section eleven-a of this chapter.
    11    § 3. Subdivision 6 of section 11 of the  domestic  relations  law,  as
    12  amended  by  chapter  450  of  the  laws  of 2014, is amended to read as
    13  follows:
    14    6. Notwithstanding any other provisions of this article to the contra-
    15  ry no marriage shall be solemnized by a public officer specified in this
    16  section, other than a judge of a federal circuit  court  of  appeals,  a
    17  judge  of  a federal district court [for the northern, southern, eastern
    18  or western district of New York], a judge of the United States court  of
    19  international  trade,  a  federal  administrative law judge presiding in
    20  this state, a judge or justice of  the  unified  court  system  of  this
    21  state,  a housing judge of the civil court of the city of New York, or a
    22  retired judge or justice of the unified court system or a retired  hous-
    23  ing  judge  of  the  civil  court certified pursuant to paragraph (k) of
    24  subdivision two of section two hundred twelve of the judiciary law,  nor
    25  by  any of the persons specified in subdivision three-a of this section,
    26  outside the territorial jurisdiction in which he  or  she  was  elected,
    27  appointed or duly designated. Such a public officer, however, elected or
    28  appointed  within the city of New York may solemnize a marriage anywhere
    29  within such city.
    30    § 4. This act shall take effect immediately.
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