BILL NUMBER: SB 7 CHAPTERED 09/10/04 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.