Amended in Assembly April 1, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 2528

Introduced by Assembly Member Skinner

(Coauthors: Assembly Members Gonzalez begin insert , V. Manuel Pérez, end insert and Ting)

February 21, 2014

An act to begin insert amend Section 298.5 of the Family Code, to end insert add Section begin delete 102425.5 end delete begin insert 102132 end insert to the Health and Safety Code, begin insert and to add Sections 12800.1 and 13000.2 to the Vehicle Code, end insert relating to begin delete certificates of live birth end delete begin insert state-issued identity documents end insert .

LEGISLATIVE COUNSEL’S DIGEST

AB 2528, as amended, Skinner. begin delete Certificates of live birth: end delete begin insert State-issued identity documents: end insert diacritical marks.

Existing law requires that each live birth, fetal death, death, and marriage that occurs in the state be registered. Existing law charges the State Registrar with the execution of provisions regulating these and other vital records. Existing law requires the registrar to prescribe and furnish all record forms for use in carrying out those purposes, or to prescribe the format, quality, and content of forms electronically produced in each county for those purposes, and provides that no record forms or formats other than those prescribed by the registrar may be used.

begin insert

Existing law also provides for the registration of domestic partnerships and requires 2 persons desiring to become domestic partners to complete and file a Declaration of Domestic Partnership with the Secretary of State, who returns to the parties a copy of the registered form and a Certificate of Registered Domestic Partnership. Existing law also requires the Department of Motor Vehicles to issue drivers’ licenses and identification cards. Existing law prescribes the form and content of Certificates of Registered Domestic Partnership, drivers’ licenses, and identification cards.

end insert

This bill would require the State Registrar to ensure that diacritical marks on English letters are properly recorded on begin delete the certificate of live birth end delete begin insert all certificates of live birth, fetal death, or death, and all marriage licenses end insert , including, but not limited to, accents, tildes, graves, umlauts, and cedillas. The bill would require the registrar to develop procedures to include other reasonable requests relating to names on certificates of live birth. begin insert The bill would impose similar requirements on the Secretary of State, with respect to Certificates of Registered Domestic Partnership, and on the Department of Motor Vehicles, with respect to drivers’ licenses and identification cards. end insert The bill would state findings and declarations of the Legislature relative to the use of diacritical marks on certificates of live birth begin insert and other forms of state-issued identity documentation end insert .

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

The Legislature finds and declares the following:

(a) A diacritical mark is used in the Latin script to change the
sound of a letter to which it is added and is used to distinguish the
meaning of the words in which those letters appear.

(b) These changes are significant, especially when considering
the proper pronunciation and meaning of a person’s name.

(c) The act of naming a child is often a significant moment for
a family, and diacritical marks in a family name convey importance
both in meaning and familial or cultural traditions.

(d) It is in the best interest of the state to make reasonable
accommodations to parents’ wishes when providing their child
with a legal name, including the wish to pass on familial or
culturally significant spellings and meanings begin insert , and to ensure that
this information is accurately represented on other forms of
state-issued identity documentation end insert .

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 298.5 of the end insert begin insert Family Code end insert begin insert is amended to read: end insert

298.5.  

(a) Two persons desiring to become domestic partners
may complete and file a Declaration of Domestic Partnership with
the Secretary of State.

(b) The Secretary of State shall register the Declaration of
Domestic Partnership in a registry for those partnerships, and shall
return a copy of the registered form and a Certificate of Registered
Domestic Partnership and, except for those opposite sex domestic
partners who meet the qualifications described in subparagraph
(B) of paragraph (5) of subdivision (b) of Section 297, a copy of
the brochure that is made available to county clerks and the
Secretary of State by the State Department of Public Health
pursuant to Section 358 and distributed to individuals receiving a
confidential marriage license pursuant to Section 503, to the
domestic partners at the mailing address provided by the domestic
partners.

(c) No person who has filed a Declaration of Domestic
Partnership may file a new Declaration of Domestic Partnership
or enter a civil marriage with someone other than their registered
domestic partner unless the most recent domestic partnership has
been terminated or a final judgment of dissolution or nullity of the
most recent domestic partnership has been entered. This prohibition
does not apply if the previous domestic partnership ended because
one of the partners died.

(d) When funding allows, the Secretary of State shall print and
make available upon request, pursuant to Section 358, a lesbian,
gay, bisexual, and transgender specific domestic abuse brochure
developed by the State Department of Public Health and made
available to the Secretary of State to domestic partners who qualify
pursuant to Section 297.

(e) The Certificate of Registered Domestic Partnership shall
include the name used by each party before registration of the
domestic partnership and the new name, if any, selected by each
party upon registration of the domestic partnership.

begin insert

(f) The Secretary of State shall ensure that diacritical marks on
English letters are properly recorded on all Certificates of
Registered Domestic Partnership including, but not limited to,
accents, tildes, graves, umlauts, and cedillas. The Secretary of
State shall develop procedures to include other reasonable requests
relating to names on Certificates of Registered Domestic
Partnership.

end insert

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 102132 is added to the end insert begin insert Health and Safety Code end insert begin insert ,
to read: end insert

begin insert

begin insert 102132. end insert   

The State Registrar shall ensure that diacritical marks
on English letters are properly recorded on all certificates of live
birth, certificates of fetal death, or certificates of death, and all
marriage licenses, including, but not limited to, accents, tildes,
graves, umlauts, and cedillas. The registrar shall develop
procedures to include other reasonable requests relating to names
on certificates of live birth, certificates of fetal death, or certificates
of death, and marriage licenses.

end insert

begin insert

begin insert SEC. 4. end insert   

end insert

begin insert Section 12800.1 is added to the end insert begin insert Vehicle Code end insert begin insert , to read: end insert

begin insert

begin insert 12800.1. end insert   

The department shall ensure that diacritical marks
on English letters are properly recorded on all drivers’ licenses,
including, but not limited to, accents, tildes, graves, umlauts, and
cedillas. The department shall develop procedures to include other
reasonable requests relating to names on drivers’ licenses.

end insert

begin insert

begin insert SEC. 5. end insert   

end insert

begin insert Section 13000.2 is added to the end insert begin insert Vehicle Code end insert begin insert , to read: end insert

begin insert

begin insert 13000.2. end insert   

The department shall ensure that diacritical marks
on English letters are properly recorded on all identification cards,
including, but not limited to, accents, tildes, graves, umlauts, and
cedillas. The department shall develop procedures to include other
reasonable requests relating to names on identification cards.

end insert

begin delete

SEC. 2.  

Section 102425.5 is added to the Health and Safety
Code, to read:

102425.5.  

The State Registrar shall ensure that diacritical marks
on English letters are properly recorded on the certificate of live
birth, including, but not limited to, accents, tildes, graves, umlauts,
and cedillas. The registrar shall develop procedures to include
other reasonable requests relating to names on certificates of live
birth.

end delete