BILL ANALYSIS
AB 1143
Page 1
ASSEMBLY THIRD READING
AB 1143 (Ma)
As Amended March 26, 2009
Majority vote
JUDICIARY 10-0
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|Ayes:|Feuer, Tran, Brownley, | | |
| |Evans, Jones, Knight, | | |
| |Krekorian, Lieu, Monning, | | |
| |Nielsen | | |
|-----+--------------------------+-----+--------------------------|
| | | | |
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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
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 provides:
1)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.
2)A simplified process to correct errors of fact on birth or
death certificates, or marriage licenses.
AB 1143
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FISCAL EFFECT : None
COMMENTS : This bill is a clean-up to AB 102 (Ma), Chapter 567,
Statutes of 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.
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 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
AB 1143
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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.
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.
Analysis Prepared by : Leora Gershenzon / JUD. / (916) 319-2334
FN: 0000759