Establishes a pre-marital course and a marital and family preservation program and imposes requirements to take the course and program

Summary Of Specific Provisions: Section 1 of this bill amends section 206 of the public health law: A new subdivision 26 is added requiring the commissioner of health to promulgate rules and regulations establishing a pre-marital education program which shall include, but not be limited to, physical locations for instruction, curriculum for training of instructors, curriculum for the program, fees for enrollment and the issuance of certificates for those who have completed the program;

§ 2. Amend subdivision 3 of section 15 of the domestic relations law:

The marriage licensing fee, is increased from thirty dollars to ninety dollars. Seventy-three dollars of the fee increase will be paid to the State Commissioner of Health. Twenty-three dollars will be paid to the vital records management account and fifty dollars for expenses of the premarital education program as set out in subdivision twenty six of section two hundred six of the public health law.

A new subdivision 5 is added that will require towns or city clerks to make pre-marital programs knowledgeable to applicants and such clerks shall advise applicants that the course must be completed before a license is issued. Applicants can request a waiver by a county court judge or a supreme court judge;

§ 3. Amend section 206 of the public health law:

A new subdivision 27 is added requiring the commissioner of health to promulgate rules and regulations to establish a marriage and family preservation course, which shall provide at least eight hours of instruction. Such courses shall include, but not limited to, the effects of divorce on the two parties as well as effects on their children. The curriculum of the course must include standards of instruction taken from the Healthy Marriage Initiative of the United States Department of Health and Human Services and the Healthy Marriage Resource Center;

§ 4. Amends the domestic relations law by adding a:

A new section 176 requiring the successful completion of the marriage and family preservation course, as set out in subdivision 26 of section 206 of the public health law. A court may exempt a party in a divorce proceeding, in taking the Marriage and Family Preservation course, due to domestic violence or other causes the court may deem relevant

The court may grant a divorce action to a party who is not exempt from completing the marriage and family preservation course. The court may to hold such party in contempt and impose appropriate penalties for failure to complete the course.

§ 5. Provides for an effective date two days after it becomes law.

Effects Of Present Law Which This Bill Would Alter:

Justification: This important legislation seeks to support the concept of the "Family Unit". Encouraging and supporting families, lays the foundation for stronger communities, cities, and ultimately the nation.

Since 1980, the United States has seen a dramatic increase in divorces--over one million. The decline in the family unit created a domino effect that saw an increase in teen sexual activity, underage pregnancy, and out of wedlock births in the nation. Research has shown that children raised in loving, caring, two parent households are more likely to make better decisions, reduce risky behavior, and are more likely to be in a respectful and trusting relationship with a spouse or significant other.

Promoting healthy marriages is not just beneficial to the partners involved, but the community as a whole. Struggling families can learn effective communication, successful conflict resolution skills through participation in a pre-marital program and family preservation course. In 1996, President Clinton signed into law the Temporary Assistance for Needy Families Act (TANF) that gave states the flexibility to use federal funding on a wide range of programs. States that used TANF funding had to satisfy several stated goals, one such goal, is to support two parent households. Several states have already initiated similar programs or course like the pre-marital and Preservation course proposed in the legislation. States like Oklahoma, Ohio, Texas, Florida, Arizona, Colorado, Michigan, and West Virginia successfully implemented marriage preservation course and were successful in accessing additional TANF funds due to their commitment and support of healthy marriage programs.

In light of the current fiscal crisis, it is essential that we support the "Family Unit". By supporting healthy marriages we can prevent future heartache and save tax payers money. Recent studies have shown that the leading cause of bankruptcy are divorces. A low divorce rate will not only reduce the number of bankruptcy filed, but also reduce the number of families that require public assistance, including food stamps and other social service programs that leads to a strain on New York's social safety net.

Prior Legislative History: New Bill

Fiscal Implications For State And Local Governments: To be Determined

Effective Date: This act shall take in effect on the first of January next succeeding the date in which it shall be become law.