What's happening
This bill allows towns and cities in New York to waive marriage license fees for active duty military members.
Why it matters
Reduces financial burden for military families. By allowing towns and cities to waive marriage license fees for active duty service members, the bill helps military couples save money at a time when they may be facing unique financial or logistical challenges related to deployment or relocation.
Gives local governments more flexibility. The legislation empowers each town or city to decide whether or not to waive their portion of the marriage license fee, creating an opportunity for communities to show support for their local military members in a way that fits their budget and priorities.
Removes state fee for active duty applicants. Not only does the bill permit local fee waivers, it also prohibits the state from collecting its portion of the marriage license fee from active duty military applicants, ensuring that qualifying service members are not charged at either the local or state level if the locality participates.
Signals recognition and appreciation. By enacting this policy, New York State and participating municipalities publicly acknowledge the sacrifices of military personnel, potentially strengthening the relationship between the armed forces and the broader community.
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Who cares
Active-duty service members and their prospective spouses
Couples with at least one active-duty member would be exempt from the state portion of the marriage license fee and could receive additional local fee waivers.
Town and city governments
They could choose to waive their share of marriage license fees and marriage certificate fees when either applicant is on active duty.
Town and city clerks
They would have to stop collecting and remitting the state portion of marriage license fees for qualifying couples.
State Department of Health
The commissioner would no longer receive the marriage license fees otherwise payable to the state for qualifying couples, reducing receipts for the vital records management account.
Headline styles
Waive Marriage Fees for Military
Plain English, a few words. Used as the page title.
Sponsors
14 Co-sponsors
History
- Substituted by S3756
- Ordered to third reading rules cal.311
- Rules report cal.311
- Reported
- Reported referred to rules
- Reported referred to ways and means
- 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 Marriage Fees for Troops
Signed by Governor · Sponsor Shelley Mayer
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
55
2019-2020 Regular Sessions
IN ASSEMBLY (Prefiled)
January 9, 2019
Introduced by M. of A. BUCHWALD, SANTABARBARA, PEOPLES-STOKES, CRESPO, STEC, HAWLEY, RAIA, JEAN-PIERRE, BLAKE, ABBATE, WEPRIN, PALMESANO, PALUMBO -- Multi-Sponsored by -- M. of A. BARCLAY, ENGLEBRIGHT, GIGLIO, RAMOS, SCHIMMINGER, THIELE -- read once and referred 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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00461-01-9
A. 55 2
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 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.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.