BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 1143
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          Date of Hearing:  May 12, 2009

                           ASSEMBLY COMMITTEE ON JUDICIARY
                                  Mike Feuer, Chair
                      AB 1143 (Ma) - As Amended:  March 26, 2009

                                  PROPOSED CONSENT

           SUBJECT  :   MARRIAGE LICENSES:  NAME CHANGE

           KEY ISSUE  :  SHOULD THERE BE A SIMPLE PROCEDURE TO CORRECT  
          CLERICAL ERRORS IN THE NAMES ON A MARRIAGE CERTIFICATE?

           FISCAL EFFECT  :   As currently in print this bill is keyed  
          non-fiscal.

                                      SYNOPSIS
          
          This non-controversial bill, sponsored by the California  
          Association of Clerks and Elections Officials, is a clean-up to  
          AB 102 (Ma), Chap. 567, Stats. 2007, which established a process  
          for individuals getting married or registering as domestic  
          partners to adopt a new name and to have that new name reflected  
          in the marriage license or certificate of domestic partnership  
          registration.  The new name can include as the middle or last  
          name the other party's last name, either parties' last name at  
          birth, or a combination of those names with or without  
          hyphenation.  This bill provides a simple procedure to correct  
          clerical mistakes in the marriage license's name fields and  
          clarifies that a even if a new last or middle name is chosen, an  
          individual can still retain his or her existing middle name.   
          This bill has no known opposition.   

           SUMMARY  :  Provides a simplified procedure to correct clerical  
          errors in a name listed on a marriage license.  Specifically,  
           this bill  :  

          1)Clarifies that a party to a marriage may adopt a new middle  
            name or last name or both, and the new middle or last name may  
            include any combination of middle or last names of either  
            spouse.

          2)Allows an amendment to correct a clerical error in a name  
            field on the marriage license.  Requires that the amendment be  
            signed by one of the parties to the marriage and the county  








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            clerk or his or her deputy.  Defines clerical error as an  
            error made by a county clerk, his or her deputy or notary  
            authorized to issue confidential licenses whereby the  
            information in the new name field of the marriage license does  
            not match the information contained in the marriage license  
            application.

           EXISTING LAW  : 

          1)Provides that parties to a marriage do not have to have the  
            same name.  Allows one party or both parties to a marriage to  
            elect to change the middle or last name by which that party  
            wishes to be known after solemnization of the marriage by  
            entering the new name in a space provided on the marriage  
            license form.  (Family Code Section 306.5.)

          2)Provides a simplified process to correct errors of fact on  
            birth or death certificates, or marriage licenses.  (Health &  
            Safety Code Sections 103225-255.)

           COMMENTS  :  This bill is a clean-up to Assemblymember Ma's AB  
          102, Chap. 567, Stats. 2007.  That bill established a process,  
          for persons getting married or registering as domestic partners,  
          to adopt a new name and to have the new name reflected on the  
          marriage license or certificate of domestic partnership  
          registration.  In order to avoid a cost concern raised by the  
          Department of Public Health, AB 102 specifically required  
          parties to make any names changes at the time of the marriage  
          and did not allow them to change their names later by trying to  
          amend the marriage license.  However, in attempting to prevent  
          later name changes, AB 102 inadvertently prevented county clerks  
          from correcting clerical errors, such as spelling errors, in the  
          name fields on marriage licenses.  This bill, sponsored by the  
          California Association of Clerks and Elections Officials, allows  
          clerical errors on the name fields in marriage licenses to be  
          corrected simply.  This bill also clarifies that prospective  
          spouses who want to change or combine their middle and last  
          names may still retain their original middle name.

          Simplified Procedure for Correcting Clerical Errors on Vital  
          Records :  Today there is a simplified procedure for correcting  
          clerical errors of fact on vital records.  If facts are not  
          stated correctly on a birth or death certificate or a marriage  
          license, two people with knowledge of the facts must sign an  
          affidavit under oath, stating the changes necessary to correct  








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          the error.  If the error is discovered while the record is still  
          with the county recorder, the amendment is prepared, registered  
          by the county recorder and certified copies with the amendment  
          are available immediately.  If the error is discovered after the  
          original record has been transmitted to the State Registrar, the  
          amendment must be sent to the State Registrar, who reviews it  
          and, if the change is accepted, sends copies of the amendment to  
          the county recorder.  This process applies to amendments to all  
          fields on the forms, except the name fields on marriage  
          licenses.

           AB 102 prevents individuals from changing their names after they  
          complete the marriage license application  .  2007's AB 102  
          permits prospective spouses to change their middle names, last  
          names or both by entering the new names on the marriage license  
          application.  However, once the marriage license is completed,  
          no change may be made to the name fields on the form.  This was  
          done because of concerns by the Department of Public Health that  
          letting people go back and amend their marriage licenses with  
          new names anytime they choose would result in possible costs.   
          Thus, if parties about to be married are not sure about the new  
          name they want to adopt, they may leave the spaces in the form  
          blank, and adopt their new names by common usage or by court  
          order as they may under existing law.  

          AB 102, however, failed to permit correction of errors in the  
          name fields on the marriage license, even if the errors were  
          clerical ones made by the county clerks and not the parties.

           This bill still prevents changing names after completion of the  
          marriage license application, but provides a simplified  
          procedure to correct clerical errors  .  This bill does not allow  
          parties to change their names after the fact through an  
          amendment to the marriage license.  It does, however, allow for  
          a correction of clerical errors in the name field of marriage  
          licenses.  The error must have been made by a county clerk, his  
          or her deputy or notary authorized to issue confidential  
          licenses that result in the information in the new name field  
          not matching the information contained in the marriage license  
          application.  The correction is made by way of an amendment to  
          correct a clerical error in a name filed on the marriage  
          license, signed by one of the parties to the marriage and the  
          county clerk or his or her deputy.  

           This bill also clarifies how middle name changes may be made  .   








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          This bill also clarifies that parties to a marriage may add  
          their current or birth last name, or those of their prospective  
          spouse, to the middle name field of the license application  
          while retaining their current middle name.  This allows the  
          parties to continue to keep their original middle or last names,  
          while adding in additional names, but without hyphenating or  
          combining them into a new last name, if they so choose.  

           Arguments IN SUPPORT  :  In support of the bill, the California  
          Association of Clerks and Election Officials (CACEO) writes:

               AB 1143 was introduced as a cleanup measure to  
               Assembly Bill 102 (Ma, Chapter 567, '07).   
               Assemblymember Fiona Ma has agreed to carry this CACEO  
               sponsored legislation to correct several unintended  
               consequences.  

               This bill will provide recourse to constituents in the  
               event of a typographical or clerical error in the "new  
               name" field on the marriage license.  Current law  
               provides a process for correcting errors in all  
               information, except the "new name" fields on a  
               marriage license by filing an amendment to identify  
               and correct the error.  Currently if an error is made  
               in the information shown in the 'new name fields', the  
               name shown in the "new name" fields on the marriage  
               license becomes the applicant's new legal identity and  
               applicants are left with no choice but to engage in  
               the costly and laborious legal name change process to  
               correct the error.  AB 1143 expands current law and  
               allows for the filing of an amendment to correct all  
               information on the marriage license including clerical  
               errors in the "new name" fields.  This language will  
               provide for a quick and cost-free method to correct  
               occasional mistakes that will undoubtedly occur.   

               AB 1143 also clarifies the use of the "middle name"  
               segment on the new form, which has been a source of  
               confusion since the launch of the program in January.   
               Specifically, language was included in AB 1143 to  
               allow applicants to add their current-or birth-last  
               name to the middle name field while retaining their  
               current middle name.  This will allow constituents to  
               continue to possess their original middle and last  
               names without hyphenating or combining them into their  








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               new last name.  This popular request has been echoed  
               statewide by applicants.  AB 1143 would allow  
               applicants to achieve this goal.

               The technical changes contained in AB 1143 will  
               greatly improve services offered by county clerks.  

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          California Association of Clerks and Election Officials  
          (sponsor)
          Family Law Section of the State Bar



           Opposition 
           
          None on file
           
          Analysis Prepared by  :   Leora Gershenzon / JUD. / (916) 319-2334