BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 102
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          ASSEMBLY THIRD READING
          AB 102 (Ma)
          As Amended February 28, 2007
          Majority vote 

           JUDICIARY           8-2         APPROPRIATIONS      11-5        
           
           ----------------------------------------------------------------- 
          |Ayes:|Jones, Adams, Evans,      |Ayes:|Leno, Caballero, Davis,   |
          |     |Feuer, Krekorian, Laird,  |     |DeSaulnier, Huffman,      |
          |     |Levine, Lieber            |     |Karnette, Krekorian,      |
          |     |                          |     |Lieu, Ma, Nava, Solorio   |
          |-----+--------------------------+-----+--------------------------|
          |Nays:|Tran, Keene               |     |                          |
          |     |                          |Nays:|Walters, Emmerson, La     |
          |     |                          |     |Malfa, Nakanishi, Sharon  |
          |     |                          |     |Runner                    |
          |     |                          |     |                          |
           ----------------------------------------------------------------- 
           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  
          surname by entering the new surname 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 surname. 

          2)Allows a person to adopt any surname including, but not  
            limited to, the surname of the other spouse or domestic  
            partner, any former surname of either spouse or domestic  
            partner, a name combining into a single surname all or a  
            segment of the surname or any former surname of either spouse  
            or domestic partner, or a hyphenated combination of surnames.

          3)Provides that an election by a person to change his or her  
            name by entering the new surname on the marriage license  
            application, or certificate of registered domestic  
            partnership, shall serve as a record of the surname change. 

          4)Provides that a copy of a marriage license or certificate of  
            registered domestic partnership shall be accepted as  








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            identification establishing a surname.

          5)Provides that the adoption of a new surname, or the choice not  
            to adopt a new surname shall not abrogate the right of either  
            party to adopt a different surname 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 Services (DPH) to marriage license  
            applicants. 

          7)Makes technical changes incorporating the provisions of the  
            Act.

          8)Makes findings and declarations relating to the Act.

           


          EXISTING LAW requires  : 

          1)Before entering into or declaring a marriage, that the parties  
            first obtain a marriage license from a county clerk.  

          2)DPH to prescribe the forms for the marriage license.  

          3)DPH to prepare and publish a brochure containing information  
            concerning the possibilities of genetic defects and diseases  
            and a listing of centers available for the testing and  
            treatment of genetic defects and diseases.  The brochures must  
            also contain information concerning AIDS and AIDS testing.   
            The brochures are required to be distributed to each applicant  
            for a marriage license.  

          4)Effective January 1, 2008, that a marriage license contain  
            certain information, including the maiden name of the female,  
            if previously married.  

          5)That each marriage performed be registered by the person  
            performing the ceremony.  Provides for an exemption from this  
            requirement for members of a religious society or denomination  
            not having clergy.  









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           FISCAL EFFECT  :  According to the Assembly Appropriations  
          Committee analysis:

          1)DPH would incur minor absorbable costs to change its marriage  
            license form and to incorporate the required changes into its  
            brochure, which is reprinted each year.

          2)The Secretary of State would incur minor absorbable costs to  
            incorporate the DPH brochure on its website.

          3)Counties would incur reprogramming costs of up to several  
            thousand dollars each to accommodate the marriage license  
            changes.  These costs are nonreimbursable because the counties  
            can recoup any additional costs through marriage license fees.

           COMMENTS  :  This bill, co-sponsored by the American Civil  
          Liberties Union (ACLU) and Equality California, enacts the Name  
          Equality Act of 2007, which among other things allows one party  
          or both parties to a marriage or registered domestic partnership  
          to change their surname by entering the new surname on either a  
          marriage license application or certificate of registered  
          domestic partnership.  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 ACLU has filed a suit in federal court arguing that current  
          law, governing name change procedures, violates the equal  








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          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.)  This bill seeks to prevent  
          such future hardship by, among other things, allowing a husband  
          to also change his surname to his wife's surname via the  
          marriage license.

          Currently, the following seven states recognize a statutory  
          right for men to take their wives' last name:  Georgia, Hawaii,  
          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  



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