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HomeMy WebLinkAboutI - 12 Town Fee Schedule Amendment - One-Day Marriage OfficiantTOWN OF CORTLANDVILLE LAN�G RAYMOND G. THORPE MUNICIPAL BUILDING KRISTIN ROCCO-PETRELLA _ TOWN CLERK/COLLECTOR 3 v r 4 ao 3577 TERRACE ROAD CORTLAND, NEW YORK 13045 •��w y • townclerk@cortlandville.org - 607-756-5725 License No. Application Fee: $25.00 APPLICATION FOR ONE -DAY MARRIAGE OFFICIANT Applicant Name: Telephone #: Mailing Address: Email: Date of Birth: Proof of identity presented: Persons to be married (as appears on the marriage license) Name: Name: Address: Address: Date of Birth: Date of Birth: I duly swear/affirm that the information provided above is true and accurate. Date Applicant Subscribed & sworn to/affirmed before me Town Clerk/Deputy Town Clerk License granted this day of 20 Town Clerk Note: This license is valid only for the parties to be married as described above and shall expire after the marriage ceremony of the expiration of the marriage license, whichever comes first. For Office Use: Amount Received: $ ❑ Cash ❑ Credit Date Paid: ❑ Check # 0 eCheck 12/23/22 1 65751-02-2 AN ACT to amend the domestic relations law, in relation to desig- nating lay individuals to solemnize marriages; and to repeal certain provisions of the executive law related thereto The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivisions 1, 2, 3-a and 3-b of section 11 of the domes- 2 tic relations law, subdivisions 1, 2 and 3-a as amended and subdivision 3 3-b as added by a chapter of the laws of 2022 amending the domestic 4 relations law and the executive law relating to designating lay individ- 5 uals to solemnize marriages, as proposed in legislative bills numbers S. 6 739-A and A. 6300-A, are amended to read as follows: 7 1. A clergyman or minister of any religion, or by the senior leader, 8 or any of the other leaders, of The Society for Ethical Culture in the 9 city of New York, having its principal office in the borough of Manhat- 10 tan, or by the leader of The Brooklyn Society for Ethical Culture, 11 having its principal office in the borough of Brooklyn of the city of 12 New York, or of the Westchester Ethical Society, having its principal 13 office in Westchester county, or of the Ethical Culture Society of Long 14 Island, having its principal office in Nassau county, or of the River- 15 dale -Yonkers Ethical Society having its principal office in Bronx coun- 16 ty, or by the leader of any other Ethical Culture Society affiliated 17 with the American Ethical Union; provided that no clergyman or minister 18 as defined in section two of the religious corporations law, or Society 19 for Ethical Culture leader shall be required to solemnize any marriage 20 when acting in his or her capacity under this subdivision. 21 1-a. A refusal by a clergyman or minister as defined in section two of 22 the religious corporations law, or Society for Ethical Culture leader to 12/23/22 2 65751-02-2 1 solemnize any marriage under this subdivision shall not create a civil 2 claim or cause of action or result in any state or local government 3 action to penalize, withhold benefits or discriminate against such cler- 4 gyman or minister[; or,]. 5 2. The current or a former governor, a mayor of a village, a county 6 executive of a county, or a mayor, recorder, city magistrate, police 7 justice or police magistrate of a city, a former mayor or the city clerk 8 of a city of the first class of over one million inhabitants or any of 9 his or her deputies or not more than four regular clerks, designated by 10 him or her for such purpose as provided in section eleven -a of this 11 article, except that in cities which contain more than one hundred thou- 12 sand and less than one million inhabitants, a marriage .shall be solem- 13 nized by the mayor, or police justice, and by no other officer of such 14 city, except as provided in subdivisions one and three of this section[; 15 or, ] . 16 3-a. A judge or peacemaker judge of any Indian tribal court, a chief, 17 a headman, or any member of any tribal council or other governing body 18 of any nation, tribe or band of Indians in this state duly designated by 19 such body for the purpose of officiating at marriages, or any other 20 persons duly designated by such body, in keeping with the culture and 21 traditions of any such nation, tribe or band of Indians in this state, 22 to officiate at marriages[; or,]. 23 3-b. A one -day marriage officiant, as designated by [the secretary of 24 state pursuant to section one hundred ten of the executive law] a town 25 or city clerk pursuant to section eleven-d of this article; or, 26 2. Section 12 of the domestic relations law, as amended by a chapter 27 of the laws of 2022 amending the domestic relations law and the execu- 28 tive law relating to designating lay individuals to solemnize marriages, 12/23/22 3 65751-02-2 1 as proposed in legislative bills numbers S. 739-A and A. 6300-A, is 2 amended to read as follows: 3 § 12. Marriage, how solemnized. No particular form or ceremony is 4 required when a marriage is solemnized as herein provided by a clergy- 5 man[,] or magistrate, or one -day marriage officiant as designated by 6 [the secretary of state pursuant to section one hundred ten of the exec- 7 utive law] a town or city clerk pursuant to section eleven-d of this 8 article, but the parties must solemnly declare in the presence of a 9 clergyman, magistrate, or such one -day marriage officiant and the 10 attending witness or witnesses that they take each other as spouses. In 11 every case, at least one witness beside the clergyman, magistrate, or 12 such one -day marriage officiant must be present at the ceremony. 13 The preceding provisions of this chapter, so far as they relate to the 14 manner of solemnizing marriages, shall not affect marriages among the 15 people called friends or quakers; nor marriages among the people of any 16 other denominations having as such any particular mode of solemnizing 17 marriages; but such marriages must be solemnized in the manner hereto- 18 fore used and practiced in their respective societies or denominations, 19 and marriages so solemnized shall be as valid as if this article had not 20 been enacted. 21 § 3. Section 13 of the domestic relations law, as amended by a chapter 22 of the laws of 2022 amending the domestic relations law and the execu- 23 tive law relating to designating lay individuals to solemnize marriages, 24 as proposed in legislative bills numbers S. 739-A and A. 6300-A, is 25 amended to read as follows: 26 § 13. Marriage licenses. It shall be necessary for all persons 27 intended to be married in New York state to obtain a marriage license 28 from a town or city clerk in New York state and to deliver said license, 12/23/22 4 65751-02-2 1 within sixty days, to the clergyman, magistrate, or one -day marriage 2 officiant as designated by [the secretary of state pursuant to section 3 one hundred ten of the executive law] a town or city clerk pursuant to 4 section eleven-d of this article who is to officiate before the marriage 5 ceremony may be performed. In case of a marriage contracted pursuant to 6 subdivision four of section eleven of this chapter, such license shall 7 be delivered to the judge of the court of record before whom the 8 acknowledgment is to be taken. If either party to the marriage resides 9 upon an island located not less than twenty-five miles from the office 10 or residence of the town clerk of the town of which such island is a 11 part, and if such office or residence is not on such island such license 12 may be obtained from any justice of the peace residing on such island, 13 and such justice, in respect to powers and duties relating to marriage 14 licenses, shall be subject to the provisions of this article governing 15 town clerks and shall file all statements or affidavits received by him 16 while acting under the provisions of this section with the town clerk of 17 such town. No application for a marriage license shall be denied on the 18 ground that the parties are of the same, or a different, sex. 19 § 4. Section 13-b of the domestic relations law, as amended by a chap- 20 ter of the laws of 2022 amending the domestic relations law and the 21 executive law relating to designating lay individuals to solemnize 22 marriages, as proposed in legislative bills numbers S. 739-A and A. 23 6300-A, is amended to read as follows: 24 § 13-b. Time within which marriage may be solemnized. A marriage shall 25 not be solemnized within twenty-four hours after the issuance of the 26 marriage license, unless authorized by an order of a court of record as 27 hereinafter provided, nor shall it be solemnized after sixty days from 28 the date of the issuance of the marriage license unless authorized 12/23/22 5 65751-02-2 1 pursuant to section three hundred fifty-four-d of the executive law. 2 Every license to marry hereafter issued by a town or city clerk, in 3 addition to other requirements specified by this chapter, must contain a 4 statement of the day and the hour the license is issued and the period 5 during which the marriage may be solemnized. It shall be the duty of the 6 clergyman, magistrate, or one -day marriage officiant, as designated by 7 [the secretary of state pursuant to section one hundred ten of the 8 executive law] a town or city clerk pursuant to section eleven-d of this 9 article, performing the marriage ceremony, or if the marriage is solem- 10 nized by written contract, of the judge before whom the contract is 11 acknowledged, to annex to or endorse upon the marriage license the date 12 and hour the marriage is solemnized. A judge or justice of the supreme 13 court of this state or the county judge of the county in which either 14 party to be married resides, or the judge of the family court of such 15 county, if it shall appear from an examination of the license and any 16 other proofs submitted by the parties that one of the parties is in 17 danger of imminent death, or by reason of other emergency public inter- 18 est will be promoted thereby, or that such delay will work irreparable 19 injury or great hardship upon the contracting parties, or one of them, 20 may, make an order authorizing the immediate solemnization of the 21 marriage and upon filing such order with the clergyman, magistrate, or 22 one -day marriage officiant performing the marriage ceremony, or if the 23 marriage is to be solemnized by written contract, with the judge before 24 whom the contract is acknowledged, such clergyman, magistrate or such 25 one -day marriage officiant may solemnize such marriage, or such judge 26 may take such acknowledgment as the case may be, without waiting for 27 such three day period and twenty-four hour period to elapse. The clergy- 28 man, magistrate, judge, or such one -day marriage officiant, as desig- 12/23/22 6 65751-02-2 1 nated by [the secretary of state pursuant to section one hundred ten of 2 the executive law] a town or city clerk pursuant to section eleven-d of 3 this article, must file such order with the town or city clerk who 4 issued the license within five days after the marriage is solemnized. 5 Such town or city clerk must record and index the order in the book 6 required to be kept by him or her for recording affidavits, statements, 7 consents and licenses, and when so recorded the order shall become a 8 public record and available in any prosecution under this section. A 9 person who shall solemnize a marriage in violation of this section shall 10 be guilty of a misdemeanor and upon conviction thereof shall be punished 11 by a fine of fifty dollars for each offense, and in addition thereto, 12 his or her right to solemnize a marriage shall be suspended for ninety 13 days. 14 § 5. Section 110 of the executive law, as added by a chapter of the 15 laws of 2022 amending the domestic relations law and the executive law 16 relating to designating lay individuals to solemnize marriages, as 17 proposed in legislative bills numbers S. 739-A and A. 6300-A, is 18 REPEALED. 19 § 6. The domestic relations law is amended by adding a new section 20 11-d to read as follows: 21 § 11-d. One -day marriage officiant license. 1. A town or city clerk 22 shall issue a one -day marriage officiant license upon request. Such 23 one -day marriage officiant shall have the authority to solemnize a 24 marriage which marriage shall be valid if performed in accordance with 25 other provisions of law. Nothing herein contained shall nullify the 26 authority of other persons authorized to solemnize marriages. 27 2. Such one -day marriage officiant shall be eighteen years of age or 28 over and need not be a resident of the town or city to which they apply 12/23/22 7 65751-02-2 1 or a resident of the state. A one -day marriage officiant shall have the 2 authority to solemnize a marriage anywhere in the state. 3 3. An applicant for a one -day marriage officiant license must apply 4 for such license in the same town or city clerk's office a& that issued the marriage license for the couple 5 to be married. Such applicant shall not be required to personally 6 appear. 7 4. A town or city clerk shall be entitled to a fee of twenty-five 8 dollars for issuing a one -day marriage officiant license. Such license 9 shall be issued only after payment of such fee and submission of a 10 completed application form. 11 5. The application form shall require the following information of the 12 applicant: name, date of birth, address, email address and telephone 13 number. The application form shall also require the followinq informa- 14 tion of the parties to be married: names, dates of birth, and addresses 15 as they appear on the application for a marriage license. 16 6. Such license shall only be valid for the parties to be married as 17 stated on the application and shall expire upon the earlier of either 18 completion of such solemnization or the expiration of the marriage 19 license. 20 7. One -day marriage officiants shall be exempt from registration as 21 required pursuant to section eleven-b of this article. 22 § 7. This act shall take effect on the same date and in the same 23 manner as a chapter of the laws of 2022 amending the domestic relations 24 law and the executive law relating to designating lay individuals to 25 solemnize marriages, as proposed in legislative bills numbers S. 739-A 26 and A. 6300-A, takes effect.