NY State Senate Bill 2015-S1286

Archive: Last Bill Status - In Senate Committee Judiciary Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to judiciary
Jan 09, 2015	referred to judiciary

co-Sponsors

2015-S1286 (ACTIVE) - Details

See Assembly Version of this Bill:: A2580
Current Committee:: Senate Judiciary
Law Section:: Domestic Relations Law
Laws Affected:: Amd §§15 & 14-a, Dom Rel L; amd §65, Civ Rts L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S4460, A6649
2017-2018: A4098
2019-2020: A1044

2015-S1286 (ACTIVE) - Summary

Relates to name change upon marriage.

2015-S1286 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S1286

TITLE OF BILL:  An act to amend the domestic relations law and the
civil rights law, in relation to name changes upon marriage

PURPOSE:  To allow one or both parties to a marriage to elect to
change their middle name on their marriage license.

SUMMARY OF PROVISIONS:

Section 2 amends paragraph (b) of subdivision 1 of section 15 of the
domestic relations law. The 'Notice to Applicant', which appears on
every application for a marriage license, would be amended to include
language that informs those seeking a license that either or both
spouses may elect to change their middle name to his or her current
last name, any former last name he or she has had, or the last name of
the other spouse.

Section 3 amends subdivision 1 of section 14-a of the domestic
relations law to include the option of changing a middle name on the
marriage license.

Section 4 amends section 65 of the civil rights law to provide that
any person may elect to resume the use of a former middle name upon
divorce or annulment, and that the state shall not impose a fee to
change the middle name on a state identifying document due to a change

in marital status.

EXISTING LAW:  Currently, the aforementioned sections of law only
allow for a person to change his or her last name using the marriage
license

JUSTIFICATION:  Today, many women and men are opting to change their
last name upon marriage but want to keep their former last name in
some capacity.  One popular way to accomplish this is to keep the
former last name as a new or second middle name. Many states allow for
such a change to occur with ease on the marriage license, but
currently, New York does not.

The process of changing a middle name upon marriage to a former last
name is complicated in New York. A newlywed cannot simply indicate on
the marriage license that he or she wishes to change his or her middle
name; he or she must provide evidence of his or her new and previous
name to the NYS Department of Motor Vehicles (DMV) before any changes'
can be made to their state identification documents.

The DMV requires proof of name that equates to six points according to
their point system. The six points can be met with a social security
card and an United States passport. However, not every person has or
can obtain a passport.

For many, this process has been proven to be costly, time consuming
and inconsistent Some, even with the correct identification, have


encountered problems getting their local DMV to change their middle
name.  1286

The final option is to have one's name changed legally through the
courts. This way is even more expensive and equally problematic.

This legislation is named for a former New York State Senate Fellow,
Jillian Diaz, who identified the need for our state to make this
process simpler when she made the decision to retain her last name as
her middle name and take her fiancee's last name when they marry.
Jillian quickly realized that keeping her maiden name as a new middle
name would be complicated if at all possible.

The people of New York, and Jillian, need a simple and effective way
to be able to adopt the married name they choose. New York has been a
leader in the area of marriage, including legalizing same-sex marriage
and being one of the few states to allow men to change their names
based on change in marital status on the marriage license. We should
embrace progress and lead in this instance as well. We can save
newlywed New Yorkers time, money, and peace of mind by allowing them
to change their middle name on their marriage license.

LEGISLATIVE HISTORY: 2013-2014: S.4460 - Died in Committee

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect immediately.

2015-S1286 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1286

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             January 9, 2015
                               ___________

Introduced  by  Sen.  MONTGOMERY  -- read twice and ordered printed, and
  when printed to be committed to the Committee on Judiciary

AN ACT to amend the domestic relations law and the civil rights law,  in
  relation to name changes upon marriage

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Short title. This act shall be known and may  be  cited  as
"Jillian's Law".
  S  2.  Paragraph  (b)  of  subdivision 1 of section 15 of the domestic
relations law, as added by chapter 583 of the laws of 1985,  is  amended
to read as follows:
  (b) Every application for a marriage license shall contain a statement
to the following effect:
                           NOTICE TO APPLICANTS
  (1)  Every  person  has the right to adopt any name by which he or she
wishes to be known simply by using that name  consistently  and  without
intent to defraud.
  (2)  A person's last name (surname) does not automatically change upon
marriage, and neither party to the marriage must change his or her  last
name. Parties to a marriage need not have the same last name.
  (3)  One or both parties to a marriage may elect to change the surname
by which he or she wishes to be known after  the  solemnization  of  the
marriage  by  entering the new name in the space below. Such entry shall
consist of one of the following surnames:
  (i) the surname of the other spouse; or
  (ii) any former surname of either spouse; or
  (iii) a name combining into a single surname all or a segment  of  the
premarriage surname or any former surname of each spouse; or
  (iv) a combination name separated by a hyphen, provided that each part
of  such  combination  surname is the premarriage surname, or any former
surname, of each of the spouses.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02994-01-5

S. 1286                             2

  (4) ONE OR BOTH PARTIES TO A MARRIAGE MAY ELECT TO CHANGE  THE  MIDDLE
NAME  BY  WHICH  HE OR SHE WISHES TO BE KNOWN AFTER THE SOLEMNIZATION OF
THE MARRIAGE BY ENTERING THE NEW NAME IN THE  SPACE  BELOW.  SUCH  ENTRY
SHALL CONSIST OF ONE OF THE FOLLOWING OPTIONS:
  (I)  THE  CURRENT  SURNAME OF THE SPOUSE ELECTING TO CHANGE HIS OR HER
NAME; OR
  (II) ANY FORMER SURNAME OF THE SPOUSE ELECTING TO CHANGE  HIS  OR  HER
NAME; OR
  (III) THE SURNAME OF THE OTHER SPOUSE.
  (5)  The use of this option will have the effect of providing a record
of the change of name. The  marriage  certificate,  containing  the  new
name,  if  any,  constitutes  proof that the use of the new name, or the
retention of the former name, is lawful.
  [(5)] (6) Neither the use of, nor the failure to use, this  option  of
selecting  a  new  surname  OR  MIDDLE NAME by means of this application
abrogates the right of each person to adopt  a  different  name  through
usage at some future date.
                  .....................................
                  (Optional -- Enter new surname above)
  S  3.  Subdivision 1 of section 14-a of the domestic relations law, as
amended by chapter 583 of the laws  of  1985,  is  amended  to  read  as
follows:
  1.  Upon  receipt  of  the  return  of  the marriage license, properly
endorsed and completed  by  the  person  who  shall  have  solemnized  a
marriage  as  provided in this article, the town and city clerks of each
and every town or city in the state shall, after abstracting,  recording
and indexing the statement of performance of solemnization, issue to the
couple within fifteen days after such receipt or return of the completed
marriage  license  a certificate of marriage, which certificate shall be
substantially in the following form and contain the following facts:

  Record No............of Year........

                           THIS IS TO CERTIFY

that ................................................................. ,
          first name, premarriage MIDDLE AND surname,
          new MIDDLE AND/OR surname (if applicable)
residing at .......................................................... ,
who was born on ........................., at ........................ ,
                       date
and .................................................................. ,
        first name, premarriage MIDDLE AND
        surname, new MIDDLE AND/OR
        surname (if applicable)
residing at .......................................................... ,
who was born ........................, at ............................ ,
                        date
were married on.......................at ............................. ,
                        date
as shown by the duly registered license and certificate of
marriage of said persons on file in this office.

(SEAL)                            ......................................
                                               Town or City Clerk

S. 1286                             3

Dated at.................., N. Y.
.................................

No  other  facts  contained  in  the affidavits, statements, consents or
licenses shall be  certified  by  such  town  and  city  clerks,  unless
expressly requested in writing by the man or woman named in such affida-
vit, license, statement or record.
  S  4.  Section  65 of the civil rights law, as added by chapter 583 of
the laws of 1985 and subdivision 5 as added by chapter 417 of  the  laws
of 1999, is amended to read as follows:
  S  65. Optional change of name upon marriage, divorce or annulment. 1.
Any person may, upon marriage, elect to assume a new name  according  to
the provisions of paragraph (b) of subdivision one of section fifteen of
the domestic relations law.
  2.  Any person may, upon divorce or annulment, elect to resume the use
of a former surname OR  MIDDLE  NAME  according  to  the  provisions  of
section two hundred forty-a of the domestic relations law.
  3.  The  effect  of  the  name  changes  accomplished  in  the  manner
prescribed in subdivisions one and two of this section shall be  as  set
forth in section sixty-four of this chapter.
  4. Nothing in this article shall be construed to abrogate or alter the
common  law  right of every person, whether married or single, to retain
his or her name or to assume a new one so long as the new name  is  used
consistently and without intent to defraud.
  5.  Notwithstanding any inconsistent provision of law, the state shall
not impose any fee, charge, surcharge or assessment solely to change the
surname OR MIDDLE NAME contained on a license, permit,  registration  or
other  identifying  document  for  a  person who, because of a change in
marital status, has assumed a new name or  reassumes  use  of  a  former
surname as provided for in this section.
  S 5. This act shall take effect immediately.

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Senate Bill S1286

Sponsored By

Archive: Last Bill Status - In Senate Committee Judiciary Committee

co-Sponsors

2015-S1286 (ACTIVE) - Details

2015-S1286 (ACTIVE) - Summary

2015-S1286 (ACTIVE) - Sponsor Memo

2015-S1286 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S1286

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Sponsored By

Velmanette Montgomery

Archive: Last Bill Status - In Senate Committee Judiciary Committee

co-Sponsors

Tony Avella

Leroy Comrie

Liz Krueger

Roxanne J. Persaud

2015-S1286 (ACTIVE) - Details

2015-S1286 (ACTIVE) - Summary

2015-S1286 (ACTIVE) - Sponsor Memo

2015-S1286 (ACTIVE) - Bill Text download pdf

Comments