[Second Reprint]

SENATE, No. 451

STATE OF NEW JERSEY

INTRODUCED JANUARY 18, 1996

By Senators MARTIN, ADLER and Casey

An Act concerning marriage licenses ²[and amending R.S.37:1-7] , amending R.S.37:1-8^{2 1},and making an appropriation¹.

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

    ²[1. R.S.37:1-7 is amended to read as follows:

    37:1-7. The licensing officer is hereby empowered to issue marriage licenses to the contracting parties who apply therefor and are entitled under the laws of this State to contract matrimony, authorizing the marriage of such parties, which license shall be substantially in the following form:

     "State of New Jersey. County of .......... city, town or township of

    .......................

    This is to certify that any person, religious society, institution or     organization authorized by law to perform marriage ceremonies     within the State of New Jersey to whom this may come, he or they     not knowing any lawful impediment thereto, is hereby authorized     and empowered to solemnize the rites of matrimony between

    A.............. B..............of.............. in the county of.........................     and State of.............. and C.............. D..............of.............., in     the county of..............and State of................... , and to certify the     same to be the said parties, or either of them, under his hand and     seal in his ministerial or official capacity.

    In testimony whereof, I have hereunto set my hand and affixed the seal of said town, township or city at ..........this .... day ..............     of one thousand nine hundred and ........

                                                      .............................................                                              (Name and official title)["]

    The laws of this State affirm your right to enter into a marriage and to live within that marriage free from any type of violence and abuse. The laws of this State are also intended to assure victims of domestic violence that they will receive the maximum protection from abuse the law can provide. The laws against domestic violence, sexual assault, harassment, stalking ,as well as other provisions of the criminal laws of this State, are applicable to spouses and other family members and violations of these laws are punishable by either fine or imprisonment, or both."

    If the contracting parties desire both a civil and a religious marriage ceremony, the licensing officer shall issue a license in duplicate, marking one as "issued for civil marriage ceremony" and one as "issued for religious marriage ceremony."

    Nothing in this section shall be construed to prevent the remarriage of a couple already married to each other; provided, a new license is obtained and the marriage properly reported. Such license shall be plainly marked "Issued for remarriage--originally married to same mate at (state place) on (state date)." Such a license shall be iss ued without compliance with the provisions of section 37:1-4 of the Revised Statutes and the provisions of "An act concerning marriages" approved May third, one thousand nine hundred and thirty-eight (P.L.1938, c.126). When such marriage report is received by the State registrar he shall, if an original marriage certificate is recorded, make a notation thereon of the remarriage and its date and place.

(cf. P.L.1941, c.354, s.1)]²

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

    37:1-8 A licensing officer shall, before issuing a marriage license, require the contracting parties to appear before him and subscribe and swear to an oath attesting the truth of the facts respecting the legality of the proposed marriage as set forth in the form supplied by the State [Bureau of Vital Statistics] registrar of vital statistics. 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 exists. Every licensing officer may administer oaths to the contracting parties and their identifying witness.

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

    The form supplied by the State registrar of vital statistics also shall include the following statement: "The laws of this State affirm your right to enter into a marriage and to live within that marriage free from any type of violence and abuse. The laws of this State are also intended to assure victims of domestic violence that they will receive the maximum protection from abuse the law can provide. The laws against domestic violence, sexual assault, harassment, stalking, as well as other provisions of the criminal laws of this State, are applicable to spouses and other family members and violations of these laws are punishable by either fine or imprisonment, or both."²

(cf: P.L.1946, c.185, s.4)

    ¹2. There is appropriated $15,000 from the General Fund to the Department of Health to effectuate the purposes of this act.¹

    ¹[2.] 3.¹ This act shall take effect 90 days after enactment.

Requires marriage license applications to include language informing applicants of their legal rights concerning domestic violence; appropriates $15,000.