An Act concerning marriage or civil union licenses, designated as Lynette Lebron's Law, amending R.S.37:1-2, R.S.37:1-4 and R.S.37:1-8, 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.37:1-2 is amended to read as follows:

37:1-2. Necessity of marriage or civil union license; "licensing officer" defined.

Before a marriage or a civil union can be lawfully performed in this State, the persons intending to be married or to enter into a civil union shall obtain a marriage or civil union license from the licensing officer and deliver it to the person who is to officiate.

In the case of persons intending 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 persons intending to be married or to enter into a civil union and the attorney-in-fact for the other person shall obtain a marriage or civil union license and deliver it to the person who is to officiate.

In the case of persons intending to be married or to enter into a civil union pursuant to section 4 of P.L. , c. (C. ) (pending before the Legislature as section 4 of this bill), the attorney-in-fact for the terminally ill person shall obtain a marriage or civil union license and deliver it to the person who is to officiate.

If the marriage or civil union is to be performed by or before any religious society, institution or organization, the license shall be delivered to such religious society, institution or organization, or any officer thereof.

As used in this chapter, "licensing officer" means, as to cities of the first class, the city clerk; as to other municipalities, the State registrar; or the deputy of any said official designated by him to issue licenses during his absence.

(cf: P.L.2011, c.179, s.2)

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

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

Except as provided in R.S.37:1-6, the marriage or civil union license shall not be issued by a licensing officer sooner than 72 hours after 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 72-hour waiting period may be waived in a case involving a terminally ill patient whose terminal illness is certified to the licensing officer by the treating physician of the terminally ill person. The licensing officer shall attach the certification from the treating physician to the application for the license.

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.2006, c.103, s.9)

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

37:1-8. Testimony under oath by applicants as to legality of proposed marriage or civil union; witnesses; perjury.

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, or, in a case of persons seeking to obtain licensure to be married or enter into a civil union pursuant to section 4 of P.L. , c. (C. ) (pending before the Legislature as section 4 of this bill), the attorney-in-fact, acting at the request of at least the terminally ill patient to appear before him 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.

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)

4. (New section) a. A hospitalized terminally ill patient who is unable to appear for the licensure of his marriage or civil union may obtain licensure for that marriage or civil union by:

(1) the appearance of an attorney-in-fact, commissioned and empowered in writing for that purpose through a power of attorney, pursuant to the provisions of subsection b. of this section; or

(2) by telephonic communication with the licensing officer, pursuant to the provisions of subsection c. of this section.

b. Pursuant to subparagraph (1) of subsection a. of this section, the attorney-in-fact must personally appear before the licensing officer with the person who is not terminally ill, and present the original power of attorney duly signed by the terminally ill person and acknowledged by a notary, except that the person who is not terminally ill may be excused from appearing before the licensing officer if that person executes a separate power of attorney, acknowledged by a notary, permitting the attorney-in-fact to appear on his behalf as well. Each power of attorney shall state the legal names of the parties to be married or enter into a civil union, and shall state that the power of attorney is solely for the purpose of authorizing the attorney-in-fact to obtain a marriage or civil union license on the behalf of the terminally ill person, and where a power of attorney has been executed by the person who is not terminally ill, on behalf of that person. Each original power of attorney shall be a part of the marriage or civil union certificate upon registration.

c. Pursuant to subparagraph (2) of subsection a. of this section, the licensing officer shall, before issuing a marriage or civil union license, require the contracting parties, at least one of whom is hospitalized and terminally ill, to communicate by telephone with him 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.

"Terminally ill" means having an illness or sickness that can reasonably be expected to result in death in 24 months or less.

5. This act shall take effect immediately.

STATEMENT

This bill shall be known and may be cited as, "Lynette Lebron's Law." Currently, persons intending to be married or to enter into a civil union in New Jersey must first obtain a marriage or civil union license from a licensing officer and deliver it to the person who is to officiate. There is also a mandatory 72 hour waiting period from the time the application is made until the issuance of the license, unless all or part of that time has been waived by order of the Superior Court. Additionally, the statute provides that the licensing authority shall have an opportunity to require in-person testimony under oath concerning the legality of the proposed marriage or civil union.

This bill addresses instances where at least one of the parties intending to be married or to enter into a civil union is hospitalized and terminally ill. The bill is intended to eliminate or reduce the amount of time the parties must attend to administrative matters related to the proposed marriage or civil union, and eliminate or reduce the waiting period before the marriage or civil union can be performed where time may be of the essence.