SENATE, No. 3363

STATE OF NEW JERSEY

221st LEGISLATURE

 

INTRODUCED JUNE 3, 2024

 


 

Sponsored by:

Senator  VINCENT J. POLISTINA

District 2 (Atlantic)

 

 

 

 

SYNOPSIS

     Provides for immediate issuance of marriage and civil union licenses; provides for 72 hour waiting period prior to ceremony.

 

CURRENT VERSION OF TEXT

     As introduced.

  


An Act concerning marriage and civil union licenses and amending R.S.37:1-4.

 

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

 

     1.    R.S.37:1-4 is amended to read as follows:

     37:1-4.     Issuance of marriage or civil union license, emergencies, validity.

     The marriage or civil union license shall [not] be issued by a licensing officer [sooner than 72 hours after] immediately upon the filing of the application [therefor has been made; provided, however, that the Superior Court may, by order, waive all or any part of said 72-hour period in cases of emergency, upon satisfactory proof being shown to it. Said order shall be filed with the licensing officer and attached to the application for the license].

     The marriage or civil union ceremony may not take place during the 72-hour period immediately following the issuance of the marriage or civil union license; provided, however, that:

     a.  the Superior Court may, by order, waive all or any part of the 72-hour period in cases of emergency, upon satisfactory proof being shown to it. The order shall be filed with the licensing officer and attached to the application for the license; and

     b.  the 72-hour period shall not apply to an applicant who is an active duty member of the Armed Forces of the United States or the National Guard.

     A marriage or civil union license, when properly issued as provided in this article, shall be good and valid only for 30 days after the date of the issuance thereof. 

(cf: P.L.2018, c.42, s.1)

 

     2.    This act shall take effect immediately.

 

 

STATEMENT

 

     This bill requires a marriage or civil union license be issued immediately upon application, but continues to require a 72-hour waiting period.

     Under current law, after a couple applies for a marriage or civil union license there is a 72-hour waiting period before the license can be issued by the licensing officer.  The Superior Court may, by order, waive all or any part of the 72-hour period in cases of emergency, upon satisfactory proof being shown.

     This bill would provide that a marriage or civil union license would be issued by the licensing officer immediately upon filing the application. However, individuals would still be required to wait 72 hours before the marriage or civil union ceremony could be performed. The intent of the bill is not to change the current 72-hour waiting period before the ceremony can occur, but to save couples the additional trip to the licensing officer to pick up the license.

     The bill provides that all or part of the 72-hour waiting period between issuance of the license and the marriage or civil union ceremony could be waived by order of the Superior Court in cases of emergency, upon satisfactory proof being shown.  The bill also provides that the 72-hour waiting period between issuance of the license and the ceremony would not apply to an applicant who is an active duty member of the Armed Forces of the United States or the National Guard.