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A04098 Summary:

BILL NOA04098
 
SAME ASNo Same As
 
SPONSORSimotas
 
COSPNSRBuchwald
 
MLTSPNSR
 
Amd 15 & 14-a, Dom Rel L; amd 65, Civ Rts L
 
Relates to name change upon marriage.
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A04098 Actions:

BILL NOA04098
 
02/01/2017referred to judiciary
01/03/2018referred to judiciary
02/13/2018reported
02/15/2018advanced to third reading cal.674
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A04098 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A4098
 
SPONSOR: Simotas
  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 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 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, Milan 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 Ethan, 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: 2015-2016: A2580 2012-2013: New Bill   FISCAL IMPLICATIONS: None.   EFFECTIVE DATE: This act shall take effect immediately.
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A04098 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          4098
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 1, 2017
                                       ___________
 
        Introduced  by  M.  of A. SIMOTAS, BUCHWALD -- read once and referred 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:

     1    Section 1. Short title. This act shall be known and may  be  cited  as
     2  "Jillian's Law".
     3    §  2.  Paragraph  (b)  of  subdivision 1 of section 15 of the domestic
     4  relations law, as added by chapter 583 of the laws of 1985,  is  amended
     5  to read as follows:
     6    (b) Every application for a marriage license shall contain a statement
     7  to the following effect:
     8                             NOTICE TO APPLICANTS
     9    (1)  Every  person  has the right to adopt any name by which he or she
    10  wishes to be known simply by using that name  consistently  and  without
    11  intent to defraud.
    12    (2)  A person's last name (surname) does not automatically change upon
    13  marriage, and neither party to the marriage must change his or her  last
    14  name. Parties to a marriage need not have the same last name.
    15    (3)  One or both parties to a marriage may elect to change the surname
    16  by which he or she wishes to be known after  the  solemnization  of  the
    17  marriage  by  entering the new name in the space below. Such entry shall
    18  consist of one of the following surnames:
    19    (i) the surname of the other spouse; or
    20    (ii) any former surname of either spouse; or
    21    (iii) a name combining into a single surname all or a segment  of  the
    22  premarriage surname or any former surname of each spouse; or
    23    (iv) a combination name separated by a hyphen, provided that each part
    24  of  such  combination  surname is the premarriage surname, or any former
    25  surname, of each of the spouses.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04151-01-7

        A. 4098                             2
 
     1    (4) One or both parties to a marriage may elect to change  the  middle
     2  name  by  which  he or she wishes to be known after the solemnization of
     3  the marriage by entering the new name in the  space  below.  Such  entry
     4  shall consist of one of the following options:
     5    (i)  the  current  surname of the spouse electing to change his or her
     6  name; or
     7    (ii) any former surname of the spouse electing to change  his  or  her
     8  name; or
     9    (iii) the surname of the other spouse.
    10    (5)  The use of this option will have the effect of providing a record
    11  of the change of name. The  marriage  certificate,  containing  the  new
    12  name,  if  any,  constitutes  proof that the use of the new name, or the
    13  retention of the former name, is lawful.
    14    [(5)] (6) Neither the use of, nor the failure to use, this  option  of
    15  selecting  a  new  surname  or  middle name by means of this application
    16  abrogates the right of each person to adopt  a  different  name  through
    17  usage at some future date.
    18                    .....................................
    19                    (Optional -- Enter new surname above)
    20    §  3.  Subdivision 1 of section 14-a of the domestic relations law, as
    21  amended by chapter 583 of the laws  of  1985,  is  amended  to  read  as
    22  follows:
    23    1.  Upon  receipt  of  the  return  of  the marriage license, properly
    24  endorsed and completed  by  the  person  who  shall  have  solemnized  a
    25  marriage  as  provided in this article, the town and city clerks of each
    26  and every town or city in the state shall, after abstracting,  recording
    27  and indexing the statement of performance of solemnization, issue to the
    28  couple within fifteen days after such receipt or return of the completed
    29  marriage  license  a certificate of marriage, which certificate shall be
    30  substantially in the following form and contain the following facts:
 
    31    Record No............of Year........
 
    32                             THIS IS TO CERTIFY
 
    33  that ................................................................. ,
    34            first name, premarriage middle and surname,
    35            new middle and/or surname (if applicable)
    36  residing at .......................................................... ,
    37  who was born on ........................., at ........................ ,
    38                         date
    39  and .................................................................. ,
    40          first name, premarriage middle and
    41          surname, new middle and/or
    42          surname (if applicable)
    43  residing at .......................................................... ,
    44  who was born ........................, at ............................ ,
    45                          date
    46  were married on.......................at ............................. ,
    47                          date
    48  as shown by the duly registered license and certificate of
    49  marriage of said persons on file in this office.
 
    50  (SEAL)                            ......................................
    51                                                 Town or City Clerk

        A. 4098                             3
 
     1  Dated at.................., N. Y.
     2  .................................
 
     3  No  other  facts  contained  in  the affidavits, statements, consents or
     4  licenses shall be  certified  by  such  town  and  city  clerks,  unless
     5  expressly requested in writing by the man or woman named in such affida-
     6  vit, license, statement or record.
     7    §  4.  Section  65 of the civil rights law, as added by chapter 583 of
     8  the laws of 1985 and subdivision 5 as added by chapter 417 of  the  laws
     9  of 1999, is amended to read as follows:
    10    §  65. Optional change of name upon marriage, divorce or annulment. 1.
    11  Any person may, upon marriage, elect to assume a new name  according  to
    12  the provisions of paragraph (b) of subdivision one of section fifteen of
    13  the domestic relations law.
    14    2.  Any person may, upon divorce or annulment, elect to resume the use
    15  of a former surname or  middle  name  according  to  the  provisions  of
    16  section two hundred forty-a of the domestic relations law.
    17    3.  The  effect  of  the  name  changes  accomplished  in  the  manner
    18  prescribed in subdivisions one and two of this section shall be  as  set
    19  forth in section sixty-four of this chapter.
    20    4. Nothing in this article shall be construed to abrogate or alter the
    21  common  law  right of every person, whether married or single, to retain
    22  his or her name or to assume a new one so long as the new name  is  used
    23  consistently and without intent to defraud.
    24    5.  Notwithstanding any inconsistent provision of law, the state shall
    25  not impose any fee, charge, surcharge or assessment solely to change the
    26  surname or middle name contained on a license, permit,  registration  or
    27  other  identifying  document  for  a  person who, because of a change in
    28  marital status, has assumed a new name or  reassumes  use  of  a  former
    29  surname as provided for in this section.
    30    § 5. This act shall take effect immediately.
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