What's happening
This bill allows towns and cities in New York to waive marriage license fees for active duty members of the armed forces.
Why it matters
Reduces financial barriers for active duty military members. by giving towns and cities the option to waive both the local and state portions of marriage license fees, recognizing and alleviating some burdens for those currently serving.
Empowers local governments. with flexibility to support armed forces members in their communities, allowing them to decide whether or not to waive these fees based on local priorities and resources.
Signals state-level appreciation for military service. by ensuring that, at a minimum, no portion of the marriage license fee will be collected on behalf of the state from active duty service members, even if a locality chooses not to waive its own portion.
Creates a uniform benefit statewide. (at least for the state fee), while also introducing the possibility for greater benefits where local governments choose to participate, potentially encouraging broader recognition of military service across New York.
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Who cares
Headline styles
Free Marriage Licenses for Military
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to judiciary
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Waive Military Marriage Fees
In Assembly Committee · Ways And Means · Sponsor David Buchwald
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
7424
IN SENATE
January 17, 2018
Introduced by Sen. AVELLA -- 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 Assembly, do enact as follows:
Section 1. Subdivision 3 of section 14-a of the domestic relations law, as amended by chapter 297 of the laws of 1963, is amended to read as follows:
3. a. No fee shall be charged for any certificate when required by the veterans administration or by the division of veterans' affairs of the state of New York to be used in determining the eligibility of any person to participate in the benefits made available by the veterans administration or by the state of New York.
b. A town or city may elect to waive the fee for a certificate when either of the parties making application for such certificate is a member of the armed forces of the United States on active duty.
§ 2. Subdivision 4 of section 15 of the domestic relations law, as amended by chapter 35 of the laws of 2017, is amended to read as follows:
4. Before issuing any licenses herein provided for, the town or city clerk shall be entitled to a fee of thirty dollars, which sum shall be paid by the applicants before or at the time the license is issued; provided, however, that when either of the parties applying for such license is a member of the armed forces of the United States on active duty (i) a town or city may not collect that portion of the fee which would otherwise be transmitted to the state commissioner of health pursuant to this subdivision and (ii) such town or city may elect to waive the portion of the fee which the town or city is entitled to. Any town or city clerk who shall issue a license to marry any persons one or both of whom shall not be at the time of the marriage under such license legally competent to marry without first requiring the parties to such marriage to make such affidavits and statements or who shall not require the production of documentary proof of age or the procuring of the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01149-08-8
S. 7424 2
approval and consents provided for by this article, which shall show that the parties authorized by said license to be married are legally competent to marry, shall be guilty of a misdemeanor and on conviction thereof shall be fined in the sum of one hundred dollars for each and every offense. On or before the fifteenth day of each month, each town and city clerk, except in the city of New York, shall transmit to the state commissioner of health twenty-two dollars and fifty cents of the amount received for each fee collected, which shall be paid into the vital records management account as provided by section ninety-sevencccc of the state finance law; provided, however, that no fee shall be collected on behalf of or paid to the commissioner of health when either of the parties applying for such license is a member of the armed forces of the United States on active duty. In any city the balance of all fees collected for the issuing of a marriage license, or for solemnizing a marriage, so far as collected for services rendered by any officer or employee of such city, shall be paid monthly into the city treasury and may by ordinance be credited to any fund therein designated, and said ordinance, when duly enacted, shall have the force of law in such city. Notwithstanding any other provisions of this article, the clerk of any city with the approval of the governing body of such city is hereby authorized to designate, in writing filed in the city clerk's office, a deputy clerk, if any, and/or other city employees in such office to receive applications for, examine applications, investigate and issue marriage licenses in the absence or inability of the clerk of said city to act, and said deputy and/or employees so designated are hereby vested with all the powers and duties of said city clerk relative thereto. Such deputy and/or employees shall perform said duties without additional compensation.
§ 3. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
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
Purpose
This bill waives the state fee for marriage licenses for active duty members of the armed forces and allows the local governments to do the same if they choose to.
Summary of provisions
Section 1. Subdivision 3 of section 14-a of the domestic relations law, as amended by chapter 297 of the laws of 1963, is amended to read as follows:
b. A town or city may elect to waive the fee for a certificate when either of the parties making application for such certificate is a member of the armed forces of the United States on active duty.
§ 2. Subdivision 3 of section 15 of the domestic relations law, as amended by section 5 of part W-2 of chapter 62 of the laws of 2003, is amended to read as follows:
3. Provided, however, that a town or city may elect to waive such fee when either of the parties applying for such license is an active member of the armed forces of the United States on active duty.
(i) A town or city may not collect that portion of the fee which would otherwise be transmitted to the state commissioner of health pursuant to this subdivision and
(ii) such town or city may elect to waive the portion of the fee which the town or city is entitled to
Justification
Everyday, New Yorkers wake up knowing that this great nation is safe from those who would take away our freedoms. These freedoms exist because of our military and more specifically the young men and women who chose to actively serve. Their commitment to our nation and the communities we live in have never been stronger. Those of us serving in the New York State legislature can show our appreciation by giving back to them.
This bill simply says thank you to any man or women actively serving and wishes to get married in New York State. It waives the state portion of marriage license fees for young men and women who are actively serving in our military and provides local governments the option to do the same. It is but a small gesture to show our gratitude and thanks for their service.
Legislative history
New Bill.
Fiscal implications
To be determined.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.