BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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          |SENATE RULES COMMITTEE            |                  AB 1143|
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                                 THIRD READING


          Bill No:  AB 1143
          Author:   Ma (D)
          Amended:  7/14/09 in Senate
          Vote:     21

           
           SENATE JUDICIARY COMMITTEE  :  5-0, 6/23/09
          AYES:  Corbett, Harman, Florez, Leno, Walters
           
          ASSEMBLY FLOOR  :  75-0, 5/18/09 - See last page for vote


           SUBJECT  :    Marriage:  name

           SOURCE  :     California Association of Clerks and Election  
          Officials


           DIGEST  :    This bill creates a simplified procedure to  
          correct clerical errors in a name listed on a marriage  
          license, and clarifies that prospective spouses who want to  
          change or combine their middle and last names may still  
          retain their original middle name.

           Senate Floor Amendments  of 7/14/09 clarify which names  
          parties to a marriage may select as their middle name on  
          their marriage licenses.

           ANALYSIS  :    Existing law provides that parties to a  
          marriage do not have to have the same name.  (Section 306.5  
          of the Family Code)

          Existing law allows one party or both parties to a marriage  
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          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.  (Section 306.5 of the Family  
          Code)

          Existing law provides a simplified process to correct  
          errors of fact on birth or death certificates, or marriage  
          licenses.  (Sections 103225-103255 of the Health and Safety  
          Code)

          This bill provides that a party to a marriage may elect to  
          change the middle or last names, or both, by which that  
          party wishes to be known after solemnization of the  
          marriage by entering the new name in the spaces provided on  
          the marriage license application without intent to defraud.

          A person may adopt any of the following last names:

          1. The current last name of the other spouse.

          2. The last name of either spouse given at birth.

          3. A name combining into a single last name all or a  
             segment of the current last name or the last name of  
             either spouse given at birth.

          4. A hyphenated combination of last names.

          A person may adopt any of the following middle names:

          1. The current last name of either spouse.

          2. The last name of either spouse given at birth.

          3. A hyphenated combination of the current middle name and  
             the current last name of the person or spouse.

          4. A hyphenated combination of the current middle name and  
             the last name given at birth of the person or spouse.

          This bill allows an amendment to correct a clerical error  
          in a name field on the marriage license.  








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          This bill requires that the amendment be signed by one of  
          the parties to the marriage and the county clerk or his/her  
          deputy.  

          This bill defines clerical error as an error made by a  
          county clerk, his/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.

           Prior legislation  .  AB 102 (Ma), Chapter 567, Statutes of  
          2007, passed the Senate Floor by a vote of 24-15 on  
          September 6,2 007.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  No    
          Local:  No

           SUPPORT  :   (Verified  7/15/09)

          California Association of Clerks and Election Officials  
          (source)
          County Recorders Association of California


           ARGUMENTS IN SUPPORT  :    According to the author's office,  
          several instances of clerical errors have been discovered  
          in the new name fields since the implementation of AB 102  
          (Ma) on January 1, 2009.  In order to minimize the impact  
          to the parties of the marriage and avoid the expense and  
          time consuming process for counties to petition the  
          Superior Court to correct the errors, the California  
          Association of Clerks and Election Officials worked with  
          the Office of Vital Records to come up with a temporary  
          work around to correct these errors.  However, the author's  
          office states that this process is very time consuming and  
          can take several weeks, possibly months to complete.  

          The author's office also states that many applicants who  
          are changing their names shown on a marriage license  
          application have expressed a desire to retain their  
          existing middle name, add their birth name to the middle  
          name field, and change their last name to that of the other  
          spouse.  Current law requires that they completely remove  
          their existing middle name if they choose to change their  







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          middle name to their current or birth last name, or the  
          last name of the other spouse.

          This bill seeks to address both of these issues by creating  
          a procedure to correct clerical errors and clarifying which  
          combination of names parties to a marriage may use when  
          entering their new name on the marriage license.


           ASSEMBLY FLOOR  : 
          AYES:  Adams, Ammiano, Anderson, Arambula, Beall, Bill  
            Berryhill, Tom Berryhill, Blakeslee, Block, Blumenfield,  
            Brownley, Buchanan, Caballero, Charles Calderon, Carter,  
            Chesbro, Conway, Cook, Coto, Davis, De La Torre, De Leon,  
            DeVore, Duvall, Emmerson, Evans, Feuer, Fletcher, Fong,  
            Fuentes, Fuller, Furutani, Gaines, Galgiani, Garrick,  
            Gilmore, Hagman, Hall, Harkey, Hayashi, Hernandez, Hill,  
            Huber, Huffman, Jones, Knight, Krekorian, Lieu, Logue,  
            Bonnie Lowenthal, Ma, Mendoza, Miller, Monning, Nava,  
            Nestande, Niello, Nielsen, John A. Perez, V. Manuel  
            Perez, Portantino, Ruskin, Salas, Silva, Skinner, Smyth,  
            Solorio, Audra Strickland, Swanson, Torlakson, Torres,  
            Torrico, Tran, Yamada, Bass
          NO VOTE RECORDED:  Eng, Jeffries, Price, Saldana, Villines


          RJG:mw  7/15/09   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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