BILL ANALYSIS ------------------------------------------------------------ |SENATE RULES COMMITTEE | AB 1143| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ 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 CONTINUED AB 1143 Page 2 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. AB 1143 Page 3 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 AB 1143 Page 4 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 **** END ****