A2347

An Act concerning obtaining certain marriage and civil union licenses through audio-visual technology, amending R.S.37:1-8 and R.S.37:1-17, and supplementing Title 37 of the Revised Statutes.

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

1. R.S. 37:1-8 is amended to read as follows:

37:1-8. A licensing officer shall, before issuing a marriage or civil union license, require the contracting parties or, in the case of persons who intend to be married or to enter into a civil union pursuant to section 7 of P.L.2011, c.179 (C.37:1-17.3), one of the contracting parties and the attorney-in-fact for the other party, to appear before him physically or via audio-visual technology and subscribe and swear to an oath 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. A licensing officer shall issue a license only if it is thus made to appear before him that no legal impediment to the marriage or civil union exists. Every licensing officer may administer oaths to the contracting parties or, in the case of persons who intend to be married or to enter into a civil union pursuant to section 7 of P.L.2011, c.179 (C.37:1-17.3), to one of the contracting parties and to the attorney-in-fact for the other contracting party and their identifying witness.

Obtaining a marriage or civil union license before the licensing officer via audio-visual means may be satisfied under the following conditions:

a. The video conference shall be live and shall allow for interaction between the couple, the licensing official, and a witness; and

b. Both members of the couple and the witness present valid identification and other documents necessary to allow the licensing officer to fulfill their statutory duty; and

c. The licensing officials administer the necessary oath; and

d. Each member of the couple and the witness shall sign the license application. In the event members of the couple and/or the witness are located in different locations, the couple and/or the witness shall sign and transmit a legible copy to the next signatory, until all signatures are obtained; and

e. The final signatory shall transmit a legible copy of the signed license application directly to the licensing official, who shall confirm receipt of the document on the day of transmission.

Any identifying witness, applicant applying for a marriage or civil union license or attorney-in-fact who shall knowingly make false answers to any of the inquiries asked by the licensing officer shall be guilty of perjury.

(cf: P.L.2011, c.179, s.4)

2. R.S. 37:1-17 is amended to read as follows:

37:1-17. On the marriage or civil union license shall be the form for the certificate of marriage or civil union in quadruplicate, to which the licensing officer shall have set forth particularly therein the name, age, parentage, birthplace, residence, Social Security number and domestic status of each party, whether single, widowed, divorced, or a former civil union or domestic partner and the names and county of birth of their parents. The Social Security number shall be kept confidential and may only be released for child support enforcement purposes, and shall not be considered a public record pursuant to P.L.1963, c.73 (C.47:1A-1 et seq.). The person by whom or the religious society, institution, or organization by or before which, the marriage or civil union was solemnized, shall personally or by legally authorized agent subscribe where indicated on the form the date and place of the marriage or civil union. Solemnization by an individual, religious society, institution, or organization may occur with the couple physically present or via audio-visual means. Each certificate of marriage or civil union shall also contain the signature and residence of at least two witnesses who were present at the marriage or civil union ceremony.

Solemnization via audio-visual means may be satisfied through the following conditions:

a. The video conference shall be live and shall allow for interaction between the couple, officiant, and the two witnesses; and

b. The couple shall present their marriage or civil union license to the officiant; and

c. The officiant, each witness, and both members of the couple shall affirm that they are physically located in the State. 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; and

d. Each member of the couple and both witnesses shall sign the marriage or civil union certificate. In the event members of the couple and/or the witnesses are located in different locations, the couple and/or the witnesses shall sign and transmit a legible copy to the next signatory, until all signatures are obtained; and

e. The final signatory shall transmit a legible copy of the signed certificate to the officiant at the conclusion of the conference, who shall sign the document on the date of transmission; and

f. Upon completion of the video conference, the officiant shall make copies of the license and certificate and shall distribute the original and copies within the time period and in the manner required by R.S. 26:8-41 and section 2 of P.L.1980, c.128 (C.37:1-17.1); and

Local registrars shall use a means that is secure and maintains the confidentiality of the documents transmitted.

(cf: P.L.2006, c.103, s.20)

3. (New section) The Commissioner of Health, pursuant to the “Administrative Procedure Act.” P.L.1968, c.410 (52:14B-1 et seq.), shall adopt rules and regulations to effectuate the purposes of this act.

4. This act shall take effect immediately.

STATEMENT

This bill would authorize a marriage or civil union license to be issued and solemnized by audio-visual technology.

This bill permits a couple, as well as a witness, who wish to marry or enter into a civil union to appear via audio-visual technology before a licensing official in order to obtain a marriage or civil union license. Additionally, this bill will permit solemnization of the marriage or civil union by an individual, religious society, institution, or organization via audio-visual means. Current law requires that individuals who wish to marry or enter into a civil union appear personally before a licensing official and that the marriage or civil union be solemnized in the physical presence of an officiant and two witnesses.

Under the bill, receiving a license and having it solemnized via audio-visual technology requires: the video conference be live and allow for interaction between the couple, the licensing official or officiant, and witnesses; members of the couple and witnesses provide valid photo identification and any other documents necessary to allow the licensing official or officiant to fulfill their statutory duty; and each member of the couple and the witnesses sign the pertinent documents and transmit the documents, once signed by all signatories, to the licensing official or officiant.