BILL NUMBER: SB 7 CHAPTERED
BILL TEXT
CHAPTER 476
FILED WITH SECRETARY OF STATE SEPTEMBER 10, 2004
APPROVED BY GOVERNOR SEPTEMBER 10, 2004
PASSED THE SENATE AUGUST 26, 2004
PASSED THE ASSEMBLY AUGUST 23, 2004
AMENDED IN ASSEMBLY AUGUST 18, 2004
AMENDED IN ASSEMBLY AUGUST 12, 2004
AMENDED IN ASSEMBLY JUNE 29, 2004
AMENDED IN SENATE MARCH 12, 2003
INTRODUCED BY Senators Brulte and Burton
(Principal coauthor: Senator Alpert)
DECEMBER 2, 2002
An act to amend Sections 350, 354, 355, and 420 of the Family
Code, relating to marriage, and declaring the urgency thereof, to
take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
SB 7, Brulte. Marriage: solemnization: Armed Forces.
Existing law provides that marriage is a personal relation arising
out of a civil contract between a man and a woman. Existing law
provides for the issuance of marriage licenses, as specified, and
requires the solemnization thereof. Existing law requires the
parties to declare in the presence of the person solemnizing the
marriage and witnesses that the parties take each other as husband
and wife.
This bill would authorize a member of the Armed Forces who is
stationed overseas serving in a conflict or war and is unable to
appear for his or her marriage ceremony to enter into that marriage
by the appearance of an attorney-in-fact, as specified. The bill
would further make conforming changes and requirements with regard to
marriage applications and the issuance of marriage licenses.
This bill would declare that it is to take effect immediately as
an urgency statute.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 350 of the Family Code is amended to read:
350. (a) Before entering a marriage, or declaring a marriage
pursuant to Section 425, the parties shall first obtain a marriage
license from a county clerk.
(b) If a marriage is to be entered into pursuant to subdivision
(b) of Section 420, the attorney-in-fact shall appear before the
county clerk on behalf of the party who is overseas, as prescribed in
subdivision (a).
SEC. 2. Section 354 of the Family Code is amended to read:
354. (a) Each applicant for a marriage license may be required to
present authentic identification as to name.
(b) For the purpose of ascertaining the facts mentioned or
required in this part, if the clerk deems it necessary, the clerk may
examine the applicants for a marriage license on oath at the time of
the application. The clerk shall reduce the examination to writing
and the applicants shall sign it.
(c) If necessary, the clerk may request additional documentary
proof as to the accuracy of the facts stated.
(d) Applicants for a marriage license shall not be required to
state, for any purpose, their race or color.
(e) If a marriage is to be entered into pursuant to subdivision
(b) of Section 420, the attorney-in-fact shall comply with the
requirements of this section on behalf of the applicant who is
overseas, if necessary.
SEC. 3. Section 355 of the Family Code is amended to read:
355. (a) The forms for the application for a marriage license and
the marriage license shall be prescribed by the State Department of
Health Services, and shall be adapted to set forth the facts required
in this part.
(b) The form for the application for a marriage license shall
include an affidavit on the back, which the applicants shall sign,
affirming that they have received the brochure provided for in
Section 358. If the marriage is to be entered into pursuant to
subdivision (b) of Section 420, the attorney-in-fact shall sign the
affidavit on behalf of the applicant who is overseas.
(c) The affidavit required by subdivision (b) shall state:
AFFIDAVIT
I acknowledge that I have received the brochure titled
___________
______________________________________
________________________
Signature of Bride Date
______________________________________
________________________
Signature of Groom Date
SEC. 4. Section 420 of the Family Code is amended to read:
420. (a) No particular form for the ceremony of marriage is
required for solemnization of the marriage, but the parties shall
declare, in the presence of the person solemnizing the marriage and
necessary witnesses, that they take each other as husband and wife.
(b) Notwithstanding subdivision (a), a member of the Armed Forces
of the United States who is stationed overseas and serving in a
conflict or a war and is unable to appear for the licensure and
solemnization of the marriage may enter into that marriage by the
appearance of an attorney-in-fact, commissioned and empowered in
writing for that purpose through a power of attorney. The
attorney-in-fact must personally appear at the county clerk's office
with the party who is not stationed overseas, and present the
original power of attorney duly signed by the party stationed
overseas and acknowledged by a notary or witnessed by two officers of
the United States Armed Forces. The power of attorney shall state
the true legal names of the parties to be married, and that the power
of attorney is solely for the purpose of authorizingg the
attorney-in-fact to obtain a marriage license on the person's behalf
and participate in the solemnization of the marriage. The original
power of attorney shall be a part of the marriage certificate upon
registration.
(c) No contract of marriage, if otherwise duly made, shall be
invalidated for want of conformity to the requirements of any
religious sect.
SEC. 5. This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
In order to ensure that members of the Armed Forces of the United
States have the ability to legally marry in the State of California
while stationed overseas, it is necessary that this act take effect
immediately.