NY State Senate Bill 2019-S2505

Senate Bill S2505

Signed By Governor

2019-2020 Legislative Session

Relates to name change upon marriage

download bill text pdf

Archive: Last Bill Status Via A1044 - Signed by Governor

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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 20, 2019	approval memo.63 signed chap.716
Dec 17, 2019	delivered to governor
Feb 27, 2019	returned to assembly passed senate 3rd reading cal.142 substituted for s2505
Feb 27, 2019	substituted by a1044
Feb 26, 2019	advanced to third reading
Feb 12, 2019	2nd report cal.
Feb 11, 2019	1st report cal.142
Jan 25, 2019	referred to judiciary

Votes

- Feb 27, 2019 - Floor Vote
  A1044
  
  62
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Feb 27, 2019
      
      aye (62)
      
      Addabbo Jr.
      
      Akshar
      
      Amedore
      
      Antonacci
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hoylman-Sigal
      
      Jackson
      
      Jacobs
      
      Jordan
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      LaValle
      
      Lanza
      
      Liu
      
      Martinez
      
      May
      
      Mayer
      
      Metzger
      
      Montgomery
      
      Myrie
      
      O'Mara
      
      Ortt
      
      Parker
      
      Persaud
      
      Ramos
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Seward
      
      Skoufis
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Young
      
      excused (1)
      
      Little
  Feb 11, 2019 - Judiciary Committee Vote
  S2505
  
  14
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Judiciary Committee Vote: Feb 11, 2019
      
      aye (14)
      
      Bailey
      
      Boyle
      
      Breslin
      
      Gounardes
      
      Hoylman-Sigal
      
      Kaplan
      
      LaValle
      
      Myrie
      
      O'Mara
      
      Ranzenhofer
      
      Savino
      
      Sepúlveda
      
      Stavisky
      
      Thomas
      
      aye wr (1)
      
      Lanza

co-Sponsors

2019-S2505 (ACTIVE) - Details

See Assembly Version of this Bill:: A1044
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: A6649
2015-2016: A2580
2017-2018: A4098

2019-S2505 (ACTIVE) - Summary

Relates to name change upon marriage.

2019-S2505 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S2505          REVISED 2/28/19

SPONSOR: KAPLAN
 
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 1 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 spous-
es 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 2 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 3 amends section 65 of the civil rights law to provide that any
person may elect to resume the use of a former middle name up on 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 o n 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 encount-
ered problems getting their local DMV to change their middle name.

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 fiance'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 lead-
er 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:

2017-2018: A 4098 Passed Assembly
2015-2016: A2580
2012-2013: New Bill

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S2505 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2505
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 25, 2019
                                ___________
 
 Introduced  by  Sen.  KAPLAN -- 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".
   §  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.

                                                            LBD01471-01-9

 S. 2505                             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)
   §  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. 2505                             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.
   §  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:
   §  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] ARTICLE.
   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.
   § 5. This act shall take effect immediately.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Senate Bill S2505

Share this bill

Sponsored By

Anna M. Kaplan