"Linnette Lebron's Law"; modifies procedures for marriage or civil union where a party is terminally ill.

A4545

ASSEMBLY, No. 4545

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED MURPHY

Sponsored by:

Assemblywoman� CAROL A. MURPHY

District 7 (Burlington)

SYNOPSIS

���� �Linnette Lebron�s Law�; modifies procedures for
marriage or civil union where a party is terminally ill.

CURRENT VERSION OF TEXT

���� As introduced.

��

An Act
concerning marriage
and
civil union
licenses, designated as
Linnette
Lebron�s Law, amending
various sections of the
statutory law
, 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.26:8-41 is amended
to read as follows:

���� 26:8-41.�� Transmission of
marriage and civil union licenses and certificates. Every person or religious
society, institution or organization solemnizing a marriage or civil union
shall, within 5 days thereafter, transmit the certificate of marriage or civil
union and the marriage or civil union license to the local registrar of the
registration district in which the marriage or civil union occurs or to the
clerk of the county board of health. In the case of marriages or civil unions
performed pursuant to section 7 of P.L.2011, c.179 (C.37:1-17.3)
or section
8 of P.L.����� , c.��� (C.������� ) (pending before the Legislature as this
bill)
, the person or religious society, institution or organization
solemnizing the marriage or civil union, in addition to transmitting the
certificate of marriage or civil union and the marriage or civil union license,
shall also transmit the power of attorney.

���� The local registrar or clerk
of the county board of health shall stamp every certificate of marriage or
civil union so received with the date of its receipt and the name of the
registration district in which it is filed.

(cf: P.L.2011, c.179, s.1)

���� 2.��� 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 8 of
P.L. ����, c.�� (C.������� ) (pending before the Legislature as this bill), one
of the persons intending to be married or to enter into a civil union and the
attorney-in-fact for the hospitalized terminally ill
person, or the attorneys-in-fact for both persons, 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)

���� 3.��� 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
the application therefor has been made; provided, however, that
:

����
a.���� The

[
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
; and

����
b.��� The 72-hour period
may be waived in a case involving a hospitalized terminally ill person 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. 2018, c.42, s.1)

���� 4.��� R.S.37:1-7 is amended to
read as follows:

���� 37:1-7.��� Issuing of license;
remarriage or reaffirming a civil union.

���� The licensing officer is
hereby empowered to issue marriage or civil union licenses to the contracting
parties who, either personally or through an attorney-in-fact pursuant to
section 7 of P.L.2011, c.179 (C.37:1-17.3)
, or pursuant to section 8 of
P.L. , c. (C. ) (pending
before the Legislature as this bill)
, apply therefor and are entitled under
the laws of this State to contract matrimony or establish a civil union,
authorizing the marriage or civil union 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 or civil union 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 or the
civil union 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����������
two thousand and ������ , (Name and official title)"

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

���� Nothing in this section shall
be construed to prevent the remarriage of a couple already married to each
other or to prevent a couple who has entered into a civil union to reaffirm
their commitment to one another; provided, a new license is obtained and the
marriage or civil union properly reported.� Such license shall be plainly
marked "Issued for remarriage--originally married to same mate at (state
place) on (state date) or Issued for reaffirmation of a civil union-originally
entered into a civil union to same mate at (state place) on (state
date)."� Such a license shall be issued without compliance with the
provisions of R.S.37:1-4 and if applicable of the provisions of "An act
concerning marriages" approved May third, one thousand nine hundred and
thirty-eight (P.L.1938, c.126).

(cf: P.L.2011, c.179, s.3)

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

���� 37:1-8.��� Testimony under
oath by applicants
or attorneys-in-fact
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 the
case of persons who intend to be married or enter into a civil union pursuant
to section 8 of P.L. ����, c.� ��(C.������� ) (pending before the Legislature
as this bill), the contracting party who is not terminally ill and the
attorney-in-fact� for the hospitalized terminally ill party, or the
attorneys-in-fact for both 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 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
:

����
a.
���� the contracting
parties
[
or,
]
and their
identifying witness; or

����
b.
��� 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
; or

����
c.���� in the case of
persons who intend to be married or to enter into a civil union pursuant to
section 8 of P.L.���� , c.��� (C.������� ) (pending before the Legislature as
this bill), to the contracting party who is not terminally ill and the
attorney-in-fact for the terminally ill party, or the attorneys-in-fact for
both parties, 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)

���� 6.��� R.S.37:1-16 is amended
to read as follows:

���� 37:1-16.�� Interrogation of
applicants
or attorneys-in-fact
under oath; perjury.

���� Any person authorized to
solemnize marriages or civil unions may administer oaths to the parties
applying to be married or to enter into a civil union or, in the case of
persons applying 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,
or, pursuant to
section 8 of P.L.���� , c.��� (C.������� ) (pending before the Legislature as
this bill), to the contracting party who is not terminally ill and the
attorney-in-fact for the terminally ill party, or the attorneys-in-fact for
both parties,
and may require them, or either of them, to make true answers
to any inquiries made by him in order to ascertain whether, in his judgment,
any legal impediment to the proposed marriage or civil union exists.

���� Any person who willfully makes
false answers to any such inquiries shall, if the answers are reduced to
writing, signed by the person making the same and attached to the
certificate of marriage or civil union, be deemed guilty of perjury pursuant to
N.J.S.2C:28-1.

(cf: P.L.2011, c.179, s.5)

���� 7.��� Section 2 of P.L.1980,
c.128 (C.37:1-17.1) is amended to read as follows:

���� 2.��� License and certificate
of marriage or civil union; transmittal.

���� The license and the original
certificate shall be transmitted pursuant to R.S.26:8-41.� One copy of the
certificate shall be retained by the local registrar and one copy shall be
given to the persons contracting the marriage or civil union. In the case of
persons who have married or entered into a civil union pursuant to section 7 of
P.L.2011, c.179 (C.37:1-17.3), one copy of the certificate shall be retained by
the local registrar and one copy shall be given to one of the contracting
persons and to the attorney-in-fact for the other contracting person.�
In
the case of persons who have married or entered into a civil union pursuant to
section 8 of P.L.���� , c.��� (C.������� ) (pending before the Legislature as
this bill), one copy of the certificate shall be retained by the local
registrar and one copy shall be given to the contracting party who is not
terminally ill and to the attorney-in-fact for the terminally ill party, or to
the attorneys-in-fact for both parties.
The remaining copy shall be
retained by the person solemnizing the marriage or civil union.

(cf: P.L.2011, c.179, s.6)

���� 8.��� (New section)� a.���� A
hospitalized terminally ill person 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)�� the appearance of
attorneys-in-fact for both parties, commissioned and empowered in writing for
that purpose through powers of attorney, pursuant to the provisions of
subsection b. of this section; or

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

���� �b.�� Pursuant to
subparagraphs (1) or (2) 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 an 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 behalf of the terminally ill person and, where a power
of attorney has also been executed by the person who is not terminally ill, on
behalf of that person. Each power of attorney shall be accompanied by a
certification by the terminally ill person�s treating physician. Each original
power of attorney and accompanying certification shall be a part of the
marriage or civil union certificate upon registration.

���� c.���� Pursuant to
subparagraph (3) of subsection a. of this section,� in lieu of the appearance
of an attorney-in-fact on behalf of the hospitalized terminally ill patient or
attorneys-in-fact for both

parties, the licensing officer shall, before
issuing a marriage or civil union license, require the contracting parties 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 who is in the presence of
the contracting parties.� 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.

���� 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.

���� As used in P.L.��� , c.���
(C.������� )� (pending before the Legislature as this bill), �terminally ill�
means having an illness or injury that can reasonably be expected to result in
death in 12 months or less as determined by the treating physician.

���� 9.��� This act shall take
effect immediately.

STATEMENT

���� This bill would modify the
procedures for obtaining a marriage or civil union license when a party is
terminally ill. The bill is designated �Linnette 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.� The statutes provide for 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 period has been waived by order of the
Superior Court.���

���� Under the bill, the 72-hour
waiting period may be waived in a case involving a hospitalized terminally ill
person whose terminal illness is certified to the licensing officer by the
person�s treating physician.� The licensing officer would attach the certification
from the physician to the license application.

���� The bill also allows the
terminally ill person, or both parties, to obtain the marriage or civil union
license through a power of attorney instead of appearing in person before the
licensing officer.� In addition, the parties could obtain the license by a
telephone conference with the licensing officer.

���� Specifically, the bill
requires the attorney-in-fact to 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 also be excused from
appearing before the licensing officer if that person executes a separate power
of attorney, acknowledged by a notary, permitting an attorney-in-fact to appear
on his behalf as well.�

���� Each power of attorney would
state the legal names of the parties to be married or enter into a civil union,
and 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 behalf of
the terminally ill person and, where a power of attorney has also been executed
by the person who is not terminally ill, on behalf of that person.� Each power
of attorney would be accompanied by a certification of the terminally ill
person�s treating physician.� The power of attorney and accompanying
certification would be a part of the marriage or civil union certificate upon
registration.

���� The bill also provides that,
in lieu of the appearance of an attorney-in-fact on behalf of the hospitalized
terminally ill patient or attorneys-in-fact for both parties, the parties could
obtain a license by telephone.� In this case the licensing officer would
require the contracting parties communicating with him by telephone to
subscribe and swear to an oath attesting the truth of the facts respecting the
legality of the proposed marriage or civil union.� The parties� testimony would
be verified by a witness of legal age who is in the presence of the contracting
parties.�

���� Under current law, any
identifying witness, license applicant, or attorney-in-fact who knowingly makes
false answers to any of the inquiries asked by the licensing officer is guilty
of perjury.� The bill specifies that making knowingly false answers to telephone
inquiries asked by the licensing officer would constitute perjury as well.

���� This bill is named after a
Camden resident who passed away in February, 2015. While Linnette Lebron was
dying in the hospital, her husband-to-be was forced to leave her side to go to
court to try to obtain a waiver of the 72-hour waiting period.� They were
married in the hospital and she died the next day.

���� The bill defines �terminally
ill� as �having an illness or injury that can reasonably be expected to result
in death in 12 months or less as determined by the treating physician.�