A3964 —

A3964 AAP1R Statement[First 5/4/20Reprint] ASSEMBLY APPROPRIATIONS COMMITTEE   STATEMENT TO   ASSEMBLY, No.

3964  STATE withOF committeeNEW amendmentsJERSEY 219th LEGISLATURE   STATEINTRODUCED OFMAY NEW1, JERSEY2020   DATED:  Sponsored by:

 MAYAssemblywoman  4,ANNETTE  QUIJANO      District The20 Assembly(Union) AppropriationsAssemblyman  CommitteeCRAIG reportsJ. favorably and with committee amendments Assembly Bill No.

3964.COUGHLIN District 19 (Middlesex) Assemblywoman  VERLINA REYNOLDS-JACKSON District 15 (Hunterdon and Mercer) Assemblyman  GORDON M.

     JOHNSON AsDistrict introduced,37 this(Bergen) bill  wouldCo-Sponsored permit,by: during the period of the public health emergency and state of emergency declared by the Governor in Executive Order 103 of 2020, parties intending to be married or enter into a civil union to mail or email a completed application for a marriage or civil union license to the appropriate licensing officer when at least one of the parties is diagnosed with life-threatening symptoms as described in the bill.  As introduced, the bill would further permit a licensing officer to issue marriage or civil union licenses to contracting parties upon the completion of electronic or other communication including but not limited to telephonic communication, during which the parties shall 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.  The testimony would be verified by a witness of legal age who is in the presence of the contracting parties.        As amended, there is not a requirement that either party is diagnosed with life-threatening symptoms.  A marriage or civil union license may be obtained by any parties intending to be married or enter into a civil union by the means identified in the bill.  As amended, parties may hand deliver or mail the application, including the use of email, fax and other transmittal methods.

     Assemblyman AsHolley, amended,Assemblywoman noPinkin, doctorAssemblyman certificationChiaravalloti, isAssemblywomen requiredLopez, attestingSpeight, toDiMaso theand life-threateningAssemblyman natureMejia of  the  illness  of  aSYNOPSIS party to the marriage or civil union.        AsPermits amended,remote no applicant or identifying witness to the application shall be required to appear in person before the licensing officer.  Audio-visual means is substituted for electronic or other communication means as a way for parties to complete the application process.       Under the bill, the licensing officer shall issue the license only if it is made to appear that no legal impediment to the marriage orand civil union exists,license andduring everyperiod licensing officer is permitted to administer oaths to the contracting parties.  As amended, the parties shall either in person or by means of audio-visualExecutive technologyOrder subscribe103 or swear to an oath administered by a licensing officer.  As amended, the testimony shall be verified by a witness of legal2020; age who is in the presence, either physically or by virtue of audio-visual technology of the contracting parties and the licensing officer.

    eliminates Anywaiting witnessperiod. 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.

      TheCURRENT billVERSION directsOF thatTEXT there     shallAs bereported noby required delay in the issuanceAssembly ofAppropriations aCommittee marriageon orMay civil4, union2020, license in cases involving a person with life-threateningamendments. symptoms who has completed the application for license process.        The bill would expire upon the rescission of Executive Order 103 by the Governor.

  COMMITTEEAn AMENDMENTS: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.

       (1)      TheBe committeeIt amendmentsEnacted eliminateby the requirementSenate thatand oneGeneral Assembly of the partiesState intendingof toNew beJersey: married or enter into a civil union is diagnosed with life-threatening symptoms.

        (2) 1.   Thea.  committeeNotwithstanding amendmentsthe clarifyprovisions thatof audio-visualany technologylaw isor regulation to the preferredcontrary, methodduring tothe completepublic health emergency and state of emergency declared by the applicationGovernor process.in Executive Order 103 of 2020, contracting parties intending to be married or to enter into a civil union1[, at least one of whom has life-threatening symptoms as defined in subsection f.,]1 may obtain a marriage or civil union license pursuant to subsection c.

     of (3) this section.  The committeelicense amendmentsshall eliminatebe thedelivered needto forthe aperson doctorwho certificationis thatto aofficiate. party has a life-threatening condition.

          (4) b.  TheA committeelicensing amendmentsofficer clarify that solemnization may occurissue remotely,marriage thoughor parties,civil witnessesunion andlicenses officiantto mustcontracting affirmparties thatwho theyapply aretherefor situateby in1hand thedelivering State. or      by1 (5) mailing Thethe committeeapplication1[ amendments provide that in person marriage or civilapplying unionby licensingelectronic andmeans,]1 solemnizationincluding isbut not prohibitedlimited asto, longthrough asemailing socialthe distancingapplication. and mitigation practices are observed.

          (6) c.  TheDuring committeethe amendmentspublic providehealth thatemergency and state of emergency declared by the licenseGovernor in Executive Order of 2020, 1[when one of the contracting parties to the marriage or civil union is valida person who has life-threatening symptoms as defined in subsection f.,]1 the marriage or civil union license applicants may apply for 90licensure daysfor insteadthat marriage or civil union by completing the New Jersey Department of 30Health days.application for license, including the signature portion for the applicants and identifying witness, and mailing1,1 1[or]1 emailing1, faxing or otherwise transmitting1 the application to the appropriate licensing officer 1[with a Doctor’s Certification for Waiver from Marriage Waiting Period as set forth in subsection f.

 of FISCALthis IMPACT:section]1.  No applicant or identifying witness to the application shall be required to appear 1in person1 before the licensing officer.  It shall be the responsibility of the applicants to thereafter contact the appropriate licensing officer, by 1audio-visual1 means 1[of electronic or other communication including but not limited to telephonic communication]1, to complete the application process.

          Thisd.  billThe islicensing 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 1either in person or1 by means of 1[electronic or other communication including but not certifiedlimited to telephonic communication] audio-visual technology1, subscribe and swear to an oath 1[attesting the truth of the facts respecting the legality of the proposed marriage or civil union as requiringset forth in the form supplied by the State registrar] administered by a fiscallicensing note.officer1 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 presence1, either physically or by virtue of audio-visual technology,1 of the contracting parties 1and the licensing officer1.  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.   1[There shall be no required delay in the issuance of a marriage or civil union license in cases involving a person who is diagnosed with life threatening symptoms as defined in subsection f.

who has completed the application process.  ]1There shall be no 72-hour waiting period or need for a court waiver as provided in R.S.37:1-4 1in the issuance of a marriage or civil union license pursuant to P.L.    , c.  (C.    ) (pending before the Legislature as this bill)1.       f.     1[The licensing officer shall attach to the completed application a certification from the treating physician which shall be in substantially the following form:

  Doctor’s Certification for Waiver from Marriage Waiting Period      1.    I am a licensed physician in the State of New Jersey.

     2.    I am the current treating physician for the applicant seeking a waiver of the 72-hour waiting period for a marriage or civil union license.

     3.    As such, I am fully familiar with the applicant’s current medical condition and current prognosis.

     4.    He/she presents with life-threatening symptoms that likely will persist, if not worsen, in the coming hours.

     5.    In my experience, other patients with similar symptoms passed away shortly after developing those conditions.

     6.    In my medical opinion, the applicant’s condition constitutes a medical emergency, and the symptoms indicate that the applicant may not survive the 72-hour waiting period.

     7.    I certify that all of the foregoing is true to the best of my ability and am aware that if any of the above statements made by me are willfully false, I am subject to punishment.

  Date:                                                                           By:

_____________________  ] 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.1       g.    1The 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.1      1h.1 A marriage or civil union license, when properly issued as provided in this section, shall be valid only for 1[30] 901 days after the date of the issuance thereof.

       2.    The Commissioner of Health shall establish guidelines to effectuate the purposes of this act.          13.     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).1        1[3.]  4.1    This act shall take effect immediately and shall expire upon the rescission of Executive Order 103 by the Governor.