BILL ANALYSIS AB 1143 Page 1 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 AB 1143 Page 2 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 AB 1143 Page 3 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 . AB 1143 Page 4 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 AB 1143 Page 5 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