What's happening
This bill allows New York marriage licenses and applications to be issued and processed using audio-video technology under specific conditions.
Why it matters
Expands marriage license access. by allowing couples who cannot appear in person (due to distance, illness, or other barriers) to apply for and receive marriage licenses via secure audio-video technology, making the process more flexible and inclusive.
Requires identity and jurisdiction verification. by mandating valid photo ID presentation during the video conference and confirmation that both parties are physically in the clerk’s jurisdiction, which helps prevent fraud and ensures compliance with local law.
Sets strict confidentiality and document handling protocols. to protect sensitive personal information, ensuring that signed documents are transmitted securely and only shared with those directly involved in the marriage license process.
Establishes electronic copies as official records. , modernizing the marriage licensing process and giving local clerks authority to provide specific implementation guidance, which could lead to greater efficiency and adaptability across different municipalities.
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Who cares
Couples seeking marriage licenses
The bill would allow applications and licenses to be handled by live audio-video conference, provided couples meet identification, physical-location and same-day document-transmission requirements.
Town and city clerks
Clerks would sign and return transmitted documents and provide local guidance on implementing remote marriage licensing.
Couples using remote marriage licensing
Their electronically signed application or license would serve as the official document, and all parties would have to use best efforts, where practicable, to transmit it confidentially and keep information from unrelated third parties.
Headline styles
Allow Remote Marriage Licenses
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to rules
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
8716
IN SENATE
July 10, 2020
Introduced by Sen. KENNEDY -- read twice and ordered printed, and when printed to be committed to the Committee on Rules
AN ACT to amend the domestic relations law, in relation to permitting issuance of a marriage license application or marriage license to be performed utilizing audio-video technology
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 13 of the domestic relations law, as amended by chapter 95 of the laws of 2011, is amended to read as follows:
§ 13. Marriage licenses. 1. It shall be necessary for all persons intended to be married in New York state to obtain a marriage license from a town or city clerk in New York state and to deliver said license, within sixty days, to the clergyman or magistrate who is to officiate before the marriage ceremony may be performed. In case of a marriage contracted pursuant to subdivision four of section eleven of this [chapter] article, such license shall be delivered to the judge of the court of record before whom the acknowledgment is to be taken. If either party to the marriage resides upon an island located not less than twenty-five miles from the office or residence of the town clerk of the town of which such island is a part, and if such office or residence is not on such island such license may be obtained from any justice of the peace residing on such island, and such justice, in respect to powers and duties relating to marriage licenses, shall be subject to the provisions of this article governing town clerks and shall file all statements or affidavits received by him while acting under the provisions of this section with the town clerk of such town. No application for a marriage license shall be denied on the ground that the parties are of the same, or a different, sex.
2. Any issuance of a marriage license application or marriage license is authorized to be performed utilizing audio-video technology provided that the following conditions are met:
(a) the couple seeking the marriage services, shall present valid photo identification to verify identity whenever required by law during the video conference;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD16834-01-0
S. 8716 2
(b) the video conference shall allow for direct interaction between the couple and the town or city clerk;
(c) the couple shall affirmatively represent that they are physically situated in the jurisdiction of the town or city clerk;
(d) the couple shall transmit by fax or electronic means a legible copy of the signed document directly to the town or city clerk on the same date it was signed;
(e) the town or city clerk shall sign the transmitted copy of the document and transmit the same back to the person responsible for the document; and
(f) to the extent practicable, all parties will use their best efforts to ensure the document is transmitted in the most confidential manner and information will not be released to any third party not associated with the marriage license.
The electronic signed copy of the marriage license application or marriage license shall be the official document for purposes of this chapter. Local town and city clerks shall provide guidance related to how marriage licensure applications and issuance is implemented in the jurisdiction of such clerk.
§ 2. This act shall take effect on the ninetieth day after it shall have become a law. Effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized to be made and completed on or before such effective date.
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 permitting issuance of a marriage license application or marriage license to be performed utilizing audio-video technology
Purpose
This bill amends the domestic relations law to allow for marriage appli- cations and licenses to be performed using audio-video technology.
Summary of specific provisions
Section one amends section 13 of the domestic relations law to allow for marriage license applications and marriage licenses to be issued through the use of audio-video technology and sets out the additional require- ments.
Section two sets the effective date.
Justification
Since the onset of COVID-19, life has changed for all New Yorkers. This pandemic has shown that New York has the capabilities to make government and services more accessible to everyone. We now live in a technolog- ically advanced climate, capable of updating requirements of in-person meetings to remote or virtual meetings. This legislation will modernize the process for New Yorkers who are looking to get married, and it will increase access to government services, not just during this pandemic, but in perpetuity.
Every year, individuals must take a full day off of work, or school, or their respective obligations, in order to meet New York State's in-per- son marriage license application requirement in their local clerk's office. We have shown that we, as a state, have the technological capa- bilities to supplement these in-person visits, and can now perform them virtually, as long as all necessary criteria are met. While for many this happy time is a celebration, for many New Yorkers, it often presents a number of issues surrounding inaccessibility, from work to actually physically getting to the location of these services.
Since the worldwide effects of the COVID-19 pandemic have created diffi- culties for in-person meetings, many New Yorkers should have the option to apply for marriage licenses virtually or remotely, if all the neces- sary criteria are met. At a time when we are collectively experiencing these difficulties and barriers, we have an opportunity to improve the services our state provides and make them more accessible for everyone.
Legislative history
New legislation
Fiscal implications
None
Effective date
This act shall take immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.