AB 77

  • California Assembly Bill
  • 2023-2024 Regular Session
  • Introduced in Assembly Dec 14, 2022
  • Assembly
  • Senate
  • Governor

Vital records: diacritical marks.

Abstract

Existing law prescribes the duties of the State Registrar of Vital Statistics (State Registrar) and local registrars of births and deaths with respect to the registration of certificates of live birth, fetal death, or death, and marriage licenses. Existing law requires the State Registrar to prescribe and furnish all record forms for use in carrying out the provisions governing vital records and prohibits the use of any record form or format other than those prescribed by the State Registrar. Existing law requires every live birth, fetal death, death, and marriage that occurs in the state to be registered with the local registrar. Existing law requires certificates of live birth, fetal death, or death, and a marriage license to include specified information, such as the full name of the child on a certificate of live birth and the full names of the parties to be married on a marriage license. Existing law also requires the county clerk to issue a confidential marriage license, as specified, on a form prescribed by the State Registrar. This bill would require the State Registrar to require the use of a diacritical mark on an English letter to be properly recorded, when applicable, on a certificate of live birth, fetal death, death, marriage license and certificate, or confidential marriage license and certificate, and would require the use of a diacritical mark to be deemed an acceptable entry by the State Registrar. The bill would provide that the absence of a diacritical mark on a certificate of live birth, fetal death, or death, or a marriage license does not render the document invalid nor affect any constructive notice imparted by proper recordation of the document. The bill would authorize, if a name is not accurately recorded because of the absence of a diacritical mark on an English letter in any certificate of live birth, fetal death, death, or marriage already registered, the person asserting the omission, or the person's conservator, or if a minor, the person's parent or guardian, to submit a written request to the State Registrar for the issuance of a new certificate of birth, fetal death, death, or marriage stating the changes necessary to make the name correct. The bill would require the State Registrar to review the request and, if the request is accompanied with the payment of a specified fee, to issue a new certificate of live birth, fetal death, death, or marriage with the accurate name identified in the request. The bill would also authorize, if a name is not accurately recorded because of the absence of a diacritical mark on an English letter on any confidential license and certificate of marriage already registered, the party asserting the omission to make an affidavit, under oath, stating the changes necessary to make the record correct and file it with the county clerk. The bill would require the county clerk to review the amendment for acceptance for filing, and if accepted, file the amendment and note the fact of the amendment, with its date, on the otherwise unaltered original confidential license and certificate of marriage. By requiring the affidavit to be under oath, the bill would expand the crime of perjury, thereby imposing a state-mandated local program. By increasing duties on county clerks, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Bill Sponsors (21)

Votes


Actions


Feb 01, 2024

Assembly

From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.

Jan 31, 2024

Assembly

Died pursuant to Art. IV, Sec. 10(c) of the Constitution.

May 18, 2023

Assembly

In committee: Held under submission.

Apr 19, 2023

Assembly

In committee: Set, first hearing. Referred to APPR. suspense file.

  • Referral-Committee
APPR. suspense file. APPR

Apr 03, 2023

Assembly

Re-referred to Com. on APPR.

  • Referral-Committee
Com. on APPR.

Mar 30, 2023

Assembly

Read second time and amended.

Mar 29, 2023

Assembly

From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 14. Noes 0.) (March 28).

Jan 26, 2023

Assembly

Referred to Com. on HEALTH.

  • Referral-Committee
Com. on HEALTH.

Jan 04, 2023

Assembly

Read first time.

Dec 15, 2022

Assembly

From printer. May be heard in committee January 14.

Dec 14, 2022

Assembly

Introduced. To print.

Bill Text

Bill Text Versions Format
AB77 HTML
12/14/22 - Introduced PDF
03/30/23 - Amended Assembly PDF

Related Documents

Document Format
03/24/23- Assembly Health PDF
04/18/23- Assembly Appropriations PDF

Sources

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