BILL ANALYSIS
AB 102
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 102 (Ma)
As Amended September 4, 2007
Majority vote
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|ASSEMBLY: |46-26|(May 7, 2007) |SENATE: |24-15|(September 6, |
| | | | | |2007) |
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Original Committee Reference: JUD.
SUMMARY : Enacts the Name Equality Act of 2007 (Act), which
among other things allows one party or both parties to a
marriage or registered domestic partnership to change their name
by entering the new name on either a marriage license
application or certificate of registered domestic partnership.
Specifically, this bill :
1)Provides that parties to a marriage or registered domestic
partnership shall not be required either to have the same name
or change his/her last name.
2)Provides that one party or both parties to a registered
domestic partnership may elect to change their middle or last
names by entering the new name in the space provided on the
Declaration of Domestic Partnership form without intent to
defraud. Allows a person to adopt any of the following middle
or last names:
a) The current last name of the other domestic partner;
b) The last name of either domestic partner given at birth;
c) A name combining into a single last name all or a
segment of the current last name or last name given at
birth; or,
d) A hyphenated combination of last names.
3)Provides that an election by a person to change his or her
middle or last name by entering the new name on the marriage
license application, or certificate of registered domestic
partnership, shall serve as a record of the name change.
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4)Provides that a copy of a marriage license or certificate of
registered domestic partnership shall be accepted as
identification establishing a name.
5)Provides that the adoption of a new name, or the choice not to
adopt a new name shall not abrogate the right of either party
to adopt a different name through usage at a future date, or
to petition the superior court for a change of name.
6)Adds information about the Act to the list of items that are
to be included in the brochure to be distributed by the State
Department of Public Health (DPH) to marriage license
applicants. Provides that this information shall include a
notice that the recording of a change in name or the absence
of a change in name on a marriage license application and
certificate may not be amended once the marriage license is
issued, but that options to adopt a change in name in the
future are preserved.
7)Provides that specified provisions of this bill shall not be
construed to prohibit the Department of Motor Vehicles from
accepting as identification other documents establishing a
true, full name for purposes provided in Vehicle Code section
12800.
8)Allows a person to adopt any of the following middle or last
names:
9)Provides that various provisions of this bill will not be
enacted until January 1, 2009.
10)Provides that the Declaration of Domestic Partnership form
shall contain an optional section for either party to indicate
a name change. Provides that this optional section shall
require a party indicating a change in name to provide his or
her date of birth.
11)Provides that the adoption of a new name, by means of a
marriage license application, shall only be made at the time
the marriage license is issued. Specifies that after a
marriage certificate is registered by the local registrar, the
certificate may not be amended to add a new name or change the
name adopted.
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12)Makes technical changes incorporating the provisions of the
Act.
13)Makes findings and declarations relating to the Act.
The Senate amendments :
1)Delete all references to the term "surname" and replace them
with either the terms "name" or "last name."
2)Provide that specified provisions of this bill shall not be
construed to prohibit the Department of Motor Vehicles from
accepting as identification other documents establishing a
true, full name for purposes provided in Vehicle Code section
12800.7. Specify that these documents may include a document
substantially equivalent to a marriage certificate recording a
marriage outside of this state.
3)Provide that the information provided in the brochure to be
distributed by DPH shall include a notice that the recording
of a change in name or the absence of a change in name on a
marriage license application and certificate may not be
amended once the marriage license is issued, but that options
to adopt a change in name in the future are preserved.
4)Delete provisions that provide that 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.
5)Provide that various provisions of this bill will not be
enacted until January 1, 2009.
6)Provides that the Declaration of Domestic Partnership form
shall contain an optional section for either party to indicate
a name change. Provides that this optional section shall
require a party indicating a change in name to provide his or
her date of birth.
7)Delete provisions that allow a person to adopt any name
including, but not limited to, the name of the other spouse or
domestic partner, any former name of either spouse or domestic
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partner, a name combining into a single name all or a segment
of the name or any former last name of either spouse or
domestic partner, or a hyphenated combination of last names.
8)Allow, in a Domestic Partnership, a person to adopt any of the
following middle or last names:
a) The current last name of the other domestic partner;
b) The last name of either domestic partner given at birth;
c) A name combining into a single last name all or a
segment of the current last name or last name given at
birth; or,
d) A hyphenated combination of last names.
1)Delete, in relation to Vehicle Code section 12800.7,
provisions specifying the inclusion of a document
substantially equivalent to a marriage certificate recording a
marriage outside of this state.
2)Provide that the adoption of a new name, by means of a
marriage license application, shall only be made at the time
the marriage license is issued. Specify that after a marriage
certificate is registered by the local registrar, the
certificate may not be amended to add a new name or change the
name adopted.
1)Delete provisions that provide language to avoid a conflict
with Senate Bill 11.
2)Make technical and clarifying amendments.
AS PASSED BY THE ASSEMBLY , this bill was substantially similar
to the version passed by the Senate.
FISCAL EFFECT : According to the Senate Appropriations
Committee, the Secretary of State estimates one-time General
Fund costs of approximately $51,000 to update databases and for
its Business Programs Division to update forms. Costs for the
DPH's Genetics Disease Branch to print and distribute new forms
should be minor and absorbable.
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COMMENTS : According to the author, state law currently requires
that a marriage license form contain certain minimum
information, including the maiden name of the female. It is up
to the discretion of each county to create its marriage license
form. Therefore, variations of the marriage license form exist,
with different requirements for a name change. The author
explains that this ambiguity in the law, coupled with antiquated
custom, has created a situation where men are not as easily able
as women to take on their partner's last name in marriage.
While state law does not prohibit a man from changing his last
name to his spouse's last name, current marriage licensing forms
and domestic partnership certificates are not required to
provide a space for this type of name change, leaving only the
expensive and time consuming court process. In addition,
married men have reported difficulty obtaining a drivers license
or identification card with their new name when using their
marriage license or domestic partnership certificates as proof
of their new name.
The American Civil Liberties Union (ACLU) has filed a suit in
federal court arguing that current law, governing name change
procedures, violates the equal protection clause provided by the
14th Amendment of the Constitution. [( Buday v. California
Department of Health and Services, et al , No. CV06-08008 FMC
(JWJx), (C.D. Cal. filed December 15, 2006).] This suit
resulted from the experience of a couple who attempted to get
the husband's last name changed to his wife's last name. The
Los Angeles Times and the Sacramento Bee reported on the case of
Michael Buday, who wished to change his last name to his wife's
last name when they married. Unlike his wife, who could use the
license document to effectuate her name change if she chose to
accept her husband's surname, Mr. Buday found the process to
change his last name both exhaustive and expensive. Mr. Buday
had to go through the courts, pay a court filing fee, pay a $32
application fee in addition to the $70 marriage license fee, and
publish the change in a local newspaper for four weeks. ("Take
Your Wife's Name? That'll Cost You-So ACLU Steps In," Los
Angeles Times, December 15, 2006; "Name Games; Gender
Discrimination Cuts Two Ways," Sacramento Bee, December 29,
2006.)
Currently, the following seven states recognize a statutory
right for men to take their wives' last name: Georgia, Hawaii,
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Iowa, Louisiana, Massachusetts, New York, and North Dakota.
[(Georgia Code Annotated 19-3-33.1 (1999); Hawaii Revised
Statutes Annotated 574-1 (Michie 1993); Iowa Code Annotated
595.5 (West Supp. 2001); Louisiana Civil Code Annotated Article
100 (West 2002); Massachusetts Annotated Laws Chapter 46, 1D
(Law. Co-op. 1991); New York Domestic Relations Laws 15
(McKinney 1999); and, North Dakota Century Code 14-03-20.1
(1996).]
Analysis Prepared by : Manuel Valencia / JUD. / (916) 319-2334
FN:
0003092