S2456

An Act concerning obtaining certain marriage and civil union licenses during the public health emergency and state of emergency declared by the Governor in Executive Order 103 of 2020.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. a. Notwithstanding the provisions of any law or regulation to the contrary, during the public health emergency and state of emergency declared by the Governor in Executive Order 103 of 2020, contracting parties intending to be married or to enter into a civil union may obtain a marriage or civil union license pursuant to subsection c. of this section. The license shall be delivered to the person who is to officiate.

b. A licensing officer may issue marriage or civil union licenses to contracting parties who apply therefor by hand delivering or by mailing the application including but not limited to, through emailing the application.

c. During the public health emergency and state of emergency declared by the Governor in Executive Order 103 of 2020, the marriage or civil union license applicants may apply for licensure for that marriage or civil union by completing the New Jersey Department of Health application for license, including the signature portion for the applicants and identifying witness, and mailing, emailing, faxing or otherwise transmitting the application to the appropriate licensing officer. No applicant or identifying witness to the application shall be required to appear in person before the licensing officer. It shall be the responsibility of the applicants to thereafter contact the appropriate licensing officer, by audio-visual means, to complete the application process.

d. The licensing officer shall, before issuing a marriage or civil union license, require the parties to submit a completed form supplied by the State registrar. The parties shall either in person or by means of audio-visual technology, subscribe and swear to an oath administered by a licensing officer attesting the truth of the facts respecting the legality of the proposed marriage or civil union as set forth in the form supplied by the State registrar. Said testimony shall be verified by a witness of legal age who is in the presence, either physically or by virtue of audio-visual technology, of the contracting parties and the licensing officer. A licensing officer shall issue a license only if it is thus made to appear that no legal impediment to the marriage or civil union exists. Every licensing officer may administer oaths to the contracting parties. Any witness or applicant applying for a marriage or civil union license who shall knowingly make false answers to any of the inquiries from the licensing officer shall be guilty of perjury.

e. There shall be no 72-hour waiting period or need for a court waiver as provided in R.S.37:1-4 in the issuance of a marriage or civil union license pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill).

f. Any application and solemnization for the witness, officiant, couple and licensing office may occur utilizing audio-visual technology as defined by the Department of Health. In the case of solemnization utilizing audio-visual technology, the officiant, witness, and the contracting parties shall affirm that they are physically situated in the State, though they are not required to be situated in the same municipality. The officiant shall identify the municipality and address where he or she is physically situated and denote that municipality and address as the place of marriage or civil union on the certificate.

g. The fees imposed by R.S.37:1-12 and section 1 of P.L. 1981, c.382 (C. 37:1-12.1) for the issuance of a marriage or civil union license shall be waived if the contracting parties seek a second license, mirroring the original license, due to the expiration of the original.

h. A marriage or civil union license, when properly issued as provided in this section, shall be valid only for 90 days after the date of the issuance thereof.

2. The Commissioner of Health shall establish guidelines to effectuate the purposes of this act.

3. Nothing in this act shall be construed to prohibit physical, in-person marriage or civil union licensing or solemnizations provided they are consistent with the enhanced social distancing and mitigation practices detailed in this State’s Executive Orders, including but not limited to Executive Order No. 107 (2020).

4. This act shall take effect immediately and shall expire upon the rescission of Executive Order 103 by the Governor.

STATEMENT

During the period of the public health emergency and state of emergency declared by the Governor in Executive Order 103 of 2020, this bill would permit parties intending to be married or enter into a civil union to hand deliver, mail, email or otherwise transmit a completed application for a marriage or civil union license to the appropriate licensing officer. The bill would further permit a licensing officer to issue marriage or civil union licenses to contracting parties upon the completion of audio-visual communication, during which the parties shall subscribe and swear to an oath administered by a licensing officer attesting the truth of the facts respecting the legality of the proposed marriage or civil union as set forth in the form supplied by the State registrar. The testimony shall be verified by a witness of legal age who is in the presence of the contracting parties.

Under the bill, the licensing officer shall issue the license only if it is made to appear that no legal impediment to the marriage or civil union exists, and every licensing officer is permitted to administer oaths to the contracting parties. Any witness or applicant applying for a marriage or civil union license who shall knowingly make false answers to any of the inquiries from the licensing officer shall be guilty of perjury.

The bill directs that there shall be no 72 hour waiting period or need for a court waiver as provided in R.S.37:1-14 in the issuance of a marriage or civil union license.

The bill further provides that solemnization may occur remotely, though the parties, witnesses and officiants must affirm that they are situate in New Jersey. The bill clarifies that an in-person marriage or civil union licensing and solemnization is not prohibited as long as social distancing and mitigation practices are observed. The bill provides that the license is good for 90 days.

The bill would expire upon the rescission of Executive Order 103 by the Governor.