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
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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