BILL ANALYSIS AB 102 Page 1 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 AB 102 Page 2 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. AB 102 Page 3 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 AB 102 Page 4 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 FN: 0000296