BILL NUMBER: AB 1102 CHAPTERED
BILL TEXT
CHAPTER 816
FILED WITH SECRETARY OF STATE SEPTEMBER 30, 2006
APPROVED BY GOVERNOR SEPTEMBER 30, 2006
PASSED THE ASSEMBLY AUGUST 29, 2006
PASSED THE SENATE AUGUST 28, 2006
AMENDED IN SENATE AUGUST 22, 2006
AMENDED IN SENATE AUGUST 7, 2006
AMENDED IN SENATE JUNE 29, 2006
AMENDED IN SENATE JUNE 8, 2005
AMENDED IN ASSEMBLY MAY 2, 2005
AMENDED IN ASSEMBLY APRIL 14, 2005
INTRODUCED BY Assembly Member Hancock
FEBRUARY 22, 2005
An act to amend Sections 300, 302, 303, 306, 307, 309, 351, 354,
355, 357, 358, 359, 360, 400, 420, 422, 425, 501, 502, 503, 505, 506,
508, 509, 510, 511, 530, 531, 532, 533, 534, 535, and 536 of, to
amend the heading of Part 2 (commencing with Section 350) of Division
3 of, to add Sections 351.6, 426, and 500.5 to, and to repeal
Sections 353 and 424 of, the Family Code, and to amend Sections
100430, 102130, 102140, 102310, 102325, 102355, 103125, 103175,
103180, 103200, 103235, 103780, and 103785 of, and to repeal Section
103595 of, the Health and Safety Code, relating to marriage.
LEGISLATIVE COUNSEL'S DIGEST
AB 1102, Hancock Marriage.
Existing law provides that marriage is a personal relation arising
out of a civil contract between a man and a woman, and requires the
licensure and solemnization thereof. Existing law provides for the
issuance of marriage and confidential marriage licenses and sets the
fees thereof. Existing law further imposes duties on county clerks in
that connection, as specified.
This bill would, operative January 1, 2008, revise and recast
those provisions and related terms. Among other things, the bill
would conform various statutory provisions of law to those changes.
The bill would further regulate the issuance of confidential marriage
licenses based upon an inability of the parties to appear, as
specified, and would make related changes with regard to notaries
public and the State Registrar. In issuing a duplicate marriage
license or confidential marriage license, the bill would allow the
county clerk to charge any fee to cover the actual costs of issuing
that duplicate license, and would change the fee charged notaries
public for approval to issue confidential marriage licenses to $300.
Operative January 1, 2007, the bill would also allow an applicant,
witness, or person solemnizing or performing a marriage ceremony to
use his or her business address or post office box for purposes of
the certificate of registry or marriage license.
By adding to the duties of county employees to comply with the
above-described changes, this bill would impose a state-mandated
local program.
This bill would incorporate additional changes in Section 358 of
the Family Code, proposed by AB 2051, to be operative January 1,
2007, only if AB 2051 and this bill are both chaptered and become
effective on or before January 1, 2007, and this bill is chaptered
last.
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 no reimbursement is required by this
act for a specified reason.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 300 of the Family Code is amended to read:
300. (a) Marriage is a personal relation arising out of a civil
contract between a man and a woman, to which the consent of the
parties capable of making that contract is necessary. Consent alone
does not constitute marriage. Consent must be followed by the
issuance of a license and solemnization as authorized by this
division, except as provided by Section 425 and Part 4 (commencing
with Section 500).
(b) For purposes of this part, the document issued by the county
clerk is a marriage license until it is registered with the county
recorder, at which time the license becomes a marriage certificate.
SEC. 2. Section 302 of the Family Code is amended to read:
302. (a) An unmarried male or female under the age of 18 years is
capable of consenting to and consummating marriage upon obtaining a
court order granting permission to the underage person or persons to
marry.
(b) The court order and written consent of the parents of each
underage person, or of one of the parents or the guardian of each
underage person shall be filed with the clerk of the court, and a
certified copy of the order shall be presented to the county clerk at
the time the marriage license is issued.
SEC. 3. Section 303 of the Family Code is amended to read:
303. If it appears to the satisfaction of the court by
application of a minor that the minor requires a written consent to
marry and that the minor has no parent or has no parent capable of
consenting, the court may make an order consenting to the issuance of
a marriage license and granting permission to the minor to marry.
The order shall be filed with the clerk of the court and a certified
copy of the order shall be presented to the county clerk at the time
the marriage license is issued.
SEC. 4. Section 306 of the Family Code is amended to read:
306. Except as provided in Section 307, a marriage shall be
licensed, solemnized, and authenticated, and the authenticated
marriage license shall be returned to the county recorder of the
county where the marriage license was issued, as provided in this
part. Noncompliance with this part by a nonparty to the marriage does
not invalidate the marriage.
SEC. 5. Section 307 of the Family Code is amended to read:
307. This division, so far as it relates to the solemnizing of
marriage, is not applicable to members of a particular religious
society or denomination not having clergy for the purpose of
solemnizing marriage or entering the marriage relation, if all of the
following requirements are met:
(a) The parties to the marriage sign and endorse on the form
prescribed by the State Department of Health Services, showing all of
the following:
(1) The fact, time, and place of entering into the marriage.
(2) The printed names, signatures, and mailing addresses of two
witnesses to the ceremony.
(3) The religious society or denomination of the parties to the
marriage, and that the marriage was entered into in accordance with
the rules and customs of that religious society or denomination. The
statement of the parties to the marriage that the marriage was
entered into in accordance with the rules and customs of the
religious society or denomination is conclusively presumed to be
true.
(b) The License and Certificate of Non-Clergy Marriage, endorsed
pursuant to subdivision (a), is returned to the county recorder of
the county in which the license was issued within 10 days after the
ceremony.
SEC. 6. Section 309 of the Family Code is amended to read:
309. If either party to a marriage denies the marriage, or
refuses to join in a declaration of the marriage, the other party may
proceed, by action pursuant to Section 103450 of the Health and
Safety Code, to have the validity of the marriage determined and
declared.
SEC. 7. The heading of Part 2 (commencing with Section 350) of
Division 3 of the Family Code is amended to read:
PART 2. MARRIAGE LICENSE
SEC. 8. Section 351 of the Family Code is amended to read:
351. The marriage license shall show all of the following:
(a) The identity of the parties to the marriage.
(b) The parties' full given names at birth or by court order, and
mailing addresses.
(c) The parties' dates of birth.
SEC. 8.5. Section 351.6 is added to the Family Code, to read:
351.6. Notwithstanding Section 307, 351, 351.5, 359, or 422 of
this code, or Section 103175 or 103180 of the Health and Safety Code,
a mailing address used by an applicant, witness, or person
solemnizing or performing the marriage ceremony shall be a
residential address, a business address, or a United States Postal
Service post office box.
SEC. 9. Section 353 of the Family Code is repealed.
SEC. 10. Section 354 of the Family Code is amended to read:
354. (a) Each applicant for a marriage license shall be required
to present authentic photo identification acceptable to the county
clerk as to name and date of birth. A credible witness affidavit or
affidavits may be used in lieu of authentic photo identification.
(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. 11. Section 355 of the Family Code is amended to read:
355. (a) The forms for 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 marriage license shall include an affidavit, 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.
SEC. 12. Section 357 of the Family Code is amended to read:
357. (a) The county clerk shall number each marriage license
issued and shall transmit at periodic intervals to the county
recorder a list or copies of the licenses issued.
(b) Not later than 60 days after the date of issuance, the county
recorder shall notify licenseholders whose marriage license has not
been returned of that fact and that the marriage license will
automatically expire on the date shown on its face.
(c) The county recorder shall notify the licenseholders of the
obligation of the person solemnizing their marriage to return the
marriage license to the recorder's office within 10 days after the
ceremony.
SEC. 13. Section 358 of the Family Code is amended to read:
358. (a) The State Department of Health Services shall prepare
and publish a brochure that shall contain the following:
(1) 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.
(2) Information concerning acquired immunodeficiency syndrome
(AIDS) and the availability of testing for antibodies to the probable
causative agent of AIDS.
(3) Information concerning domestic violence, including resources
available to victims and a statement that physical, emotional,
psychological, and sexual abuse, and assault and battery, are against
the law.
(b) The State Department of Health Services shall make the
brochures available to county clerks who shall distribute a copy of
the brochure to each applicant for a marriage license, including
applicants for a confidential marriage license and notaries public
receiving a confidential marriage license pursuant to Section 503.
(c) Each notary public issuing a confidential marriage license
under Section 503 shall distribute a copy of the brochure to the
applicants for a confidential marriage license.
(d) To the extent possible, the State Department of Health
Services shall seek to combine in a single brochure all statutorily
required information for marriage license applicants.
SEC. 13.5. Section 358 of the Family Code is amended to read:
358. (a) The State Department of Health Services shall prepare
and publish a brochure that shall contain the following:
(1) 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.
(2) Information concerning acquired immunodeficiency syndrome
(AIDS) and the availability of testing for antibodies to the probable
causative agent of AIDS.
(3) Information concerning domestic violence, including resources
available to victims and a statement that physical, emotional,
psychological, and sexual abuse, and assault and battery, are against
the law.
(b) The State Department of Health Services shall make the
brochures available to county clerks who shall distribute a copy of
the brochure to each applicant for a marriage license, including
applicants for a confidential marriage license and notaries public
receiving a confidential marriage license pursuant to Section 503.
The department shall also make the brochure available to the
Secretary of State who shall distribute a copy of the brochure to
persons who qualify as domestic partners pursuant to Section 297.
(c) The department shall prepare a lesbian, gay, bisexual, and
transgender specific domestic abuse brochure and make the brochure
available to the Secretary of State who shall print and make
available the brochure, as funding allows, pursuant to Section 298.5.
(d) Each notary public issuing a confidential marriage license
under Section 503 shall distribute a copy of the brochure to the
applicants for a confidential marriage license.
(e) To the extent possible, the State Department of Health
Services shall seek to combine in a single brochure all statutorily
required information for marriage license applicants.
SEC. 14. Section 359 of the Family Code is amended to read:
359. (a) Except as provided in Sections 420 and 426, applicants
to be married shall first appear together in person before the county
clerk to obtain a marriage license.
(b) The contents of the marriage license are provided in Part 1
(commencing with Section 102100) of Division 102 of the Health and
Safety Code.
(c) The issued marriage license shall be presented to the person
solemnizing the marriage by the parties to be married.
(d) The person solemnizing the marriage shall complete the
solemnization sections on the marriage license, and shall cause to be
entered on the marriage license the printed name, signature, and
mailing address of at least one, and no more than two, witnesses to
the marriage ceremony.
(e) The marriage license shall be returned by the person
solemnizing the marriage to the county recorder of the county in
which the license was issued within 10 days after the ceremony.
(f) As used in this division, "returned" means presented to the
appropriate person in person, or postmarked, before the expiration of
the specified time period.
SEC. 15. Section 360 of the Family Code is amended to read:
360. (a) If a marriage license is lost, damaged, or destroyed
after the marriage ceremony, but before it is returned to the county
recorder, or deemed unacceptable for registration by the county
recorder, the person solemnizing the marriage, in order to comply
with Section 359, shall obtain a duplicate marriage license by filing
an affidavit setting forth the facts with the county clerk of the
county in which the license was issued.
(b) The duplicate marriage license may not be issued later than
one year after issuance of the original license and shall be returned
by the person solemnizing the marriage to the county recorder within
one year of the issuance date shown on the original marriage
license.
(c) The county clerk may charge a fee to cover the actual costs of
issuing a duplicate marriage license.
(d) If a marriage license is lost, damaged, or destroyed before a
marriage ceremony takes place, the applicants shall purchase a new
marriage license and the old license shall be voided.
SEC. 16. Section 400 of the Family Code is amended to read:
400. Marriage may be solemnized by any of the following who is of
the age of 18 years or older:
(a) A priest, minister, rabbi, or authorized person of any
religious denomination.
(b) A judge or retired judge, commissioner of civil marriages or
retired commissioner of civil marriages, commissioner or retired
commissioner, or assistant commissioner of a court of record in this
state.
(c) A judge or magistrate who has resigned from office.
(d) Any of the following judges or magistrates of the United
States:
(1) A justice or retired justice of the United States Supreme
Court.
(2) A judge or retired judge of a court of appeals, a district
court, or a court created by an act of Congress the judges of which
are entitled to hold office during good behavior.
(3) A judge or retired judge of a bankruptcy court or a tax court.
(4) A United States magistrate or retired magistrate.
(e) A legislator or constitutional officer of this state or a
Member of Congress who represents a district within this state, while
that person holds office.
SEC. 17. 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 physical 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. Copies in any form, including by facsimile, are
not acceptable. The power of attorney shall state the full given
names at birth, or by court order, of the parties to be married, and
that the power of attorney is solely for the purpose of authorizing
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. 18. Section 422 of the Family Code is amended to read:
422. The person solemnizing a marriage shall, sign and print or
type upon the marriage license a statement, in the form prescribed by
the State Department of Health Services, showing all of the
following:
(a) The fact, date (month, day, year), and place (city and county)
of solemnization.
(b) The printed names, signatures, and mailing addresses of at
least one, and no more than two, witnesses to the ceremony.
(c) The official position of the person solemnizing the marriage,
or of the denomination of which that person is a priest, minister,
rabbi, or other authorized person of any religious denomination.
(d) The person solemnizing the marriage shall also type or print
his or her name and mailing address.
SEC. 19. Section 424 of the Family Code is repealed.
SEC. 20. Section 425 of the Family Code is amended to read:
425. If no record of the solemnization of a California marriage
previously contracted under this division for that marriage is known
to exist, the parties may purchase a License and Certificate of
Declaration of Marriage from the county clerk in the parties' county
of residence one year or more from the date of the marriage. The
license and certificate shall be returned to the county recorder of
the county in which the license was issued.
SEC. 21. Section 426 is added to the Family Code, to read:
426. If for sufficient reason, as described in subdivision (d),
either or both of the parties to be married are physically unable to
appear in person before the county clerk, a marriage license may be
issued by the county clerk to the person solemnizing the marriage if
the following requirements are met:
(a) The person solemnizing the marriage physically presents an
affidavit to the county clerk explaining the reason for the inability
to appear.
(b) The affidavit is signed under penalty of perjury by the person
solemnizing the marriage and by both parties.
(c) The signature of any party to be married who is unable to
appear in person before the county clerk is authenticated by a notary
public or a court prior to the county clerk issuing the marriage
license.
(d) Sufficient reason includes proof of hospitalization,
incarceration, or any other reason proved to the satisfaction of the
county clerk.
SEC. 22. Section 500.5 is added to the Family Code, to read:
500.5. For purposes of this part, the document issued by the
county clerk is a marriage license until it is registered with the
county clerk, at which time the license becomes a marriage
certificate.
SEC. 23. Section 501 of the Family Code is amended to read:
501. Except as provided in Section 502, a confidential marriage
license shall be issued by the county clerk upon the personal
appearance together of the parties to be married and their payment of
the fees required by Sections 26840.1 and 26840.8 of the Government
Code and any fee imposed pursuant to the authorization of Section
26840.3 of the Government Code.
SEC. 24. Section 502 of the Family Code is amended to read:
502. If for sufficient reason, as described in subdivision (d),
either or both of the parties to be married are physically unable to
appear in person before the county clerk, a confidential marriage
license may be issued by the county clerk to the person solemnizing
the marriage if the following requirements are met:
(a) The person solemnizing the marriage physically presents an
affidavit to the county clerk explaining the reason for the inability
to appear.
(b) The affidavit is signed under penalty of perjury by the person
solemnizing the marriage and by both parties.
(c) The signature of any party to be married who is unable to
appear in person before the county clerk is authenticated by a notary
public or a court prior to the county clerk issuing the confidential
marriage license.
(d) Sufficient reason includes proof of hospitalization,
incarceration, or any other reason proved to the satisfaction of the
county clerk.
SEC. 25. Section 503 of the Family Code is amended to read:
503. The county clerk shall issue a confidential marriage license
upon the request of a notary public approved by the county clerk to
issue confidential marriage licenses pursuant to Chapter 2
(commencing with Section 530) and upon payment by the notary public
of the fees specified in Sections 26840.1 and 26840.8 of the
Government Code. The parties shall reimburse a notary public who
issues a confidential marriage license for the amount of the fees.
SEC. 26. Section 505 of the Family Code is amended to read:
505. (a) The form of the confidential marriage license shall be
prescribed by the State Registrar of Vital Statistics.
(b) The form shall be designed to require that the parties to be
married declare or affirm that they meet all of the requirements of
this chapter.
(c) The form shall include an affidavit, which the bride and groom
shall sign, affirming that they have received the brochure provided
for in Section 358.
SEC. 27. Section 506 of the Family Code is amended to read:
506. (a) The confidential marriage license shall be presented to
the person solemnizing the marriage.
(b) Upon performance of the ceremony, the solemnization section on
the confidential marriage license shall be completed by the person
solemnizing the marriage.
(c) The confidential marriage license shall be returned by the
person solemnizing the marriage to the office of the county clerk in
the county in which the license was issued within 10 days after the
ceremony.
SEC. 28. Section 508 of the Family Code is amended to read:
508. Upon issuance of a confidential marriage license, parties
shall be provided with an application to obtain a certified copy of
the confidential marriage certificate from the county clerk.
SEC. 29. Section 509 of the Family Code is amended to read:
509. (a) A party to a confidential marriage may obtain a
certified copy of the confidential marriage certificate from the
county clerk of the county in which the certificate is filed in any
of the following ways:
(1) By submitting the application for a certified copy of the
confidential marriage certificate provided to the parties pursuant to
Section 508.
(2) By personally appearing before a notary public or at the
county clerk's office in the party's county of residence, producing
valid photo identification, obtaining a certificate attesting to the
party's identity from the notary public or county clerk, and mailing
or faxing that certificate, together with a request for the certified
copy of the confidential marriage certificate, to the county clerk
of the county with which the certificate is filed.
(3) By personally appearing at the county clerk's office where the
certificate is filed and producing proper identification.
(b) Copies of a confidential marriage certificate may be issued to
the parties to the marriage upon payment of the fee equivalent to
that charged for copies of a marriage certificate.
SEC. 30. Section 510 of the Family Code is amended to read:
510. (a) If a confidential marriage license is lost, damaged, or
destroyed after the performance of the marriage, but before it is
returned to the county clerk, or deemed unacceptable for registration
by the county clerk, the person solemnizing the marriage, in order
to comply with Section 506, shall obtain a duplicate marriage license
by filing an affidavit setting forth the facts with the county clerk
of the county in which the license was issued.
(b) The duplicate license may not be issued later than one year
after issuance of the original license and shall be returned by the
person solemnizing the marriage to the county clerk within one year
of the issuance date shown on the original marriage license.
(c) The county clerk may charge a fee to cover the actual costs of
issuing a duplicate marriage license.
(d) If a marriage license is lost, damaged, or destroyed before a
marriage ceremony takes place, the applicants shall purchase a new
marriage license and the old license shall be voided.
SEC. 31. Section 511 of the Family Code is amended to read:
511. (a) Except as provided in subdivision (b), the county clerk
shall maintain confidential marriage certificates filed pursuant to
Section 506 as permanent records which shall not be open to public
inspection except upon order of the court issued upon a showing of
good cause. The confidential marriage license is a confidential
record and not open to public inspection without an order from the
court.
(b) The county clerk shall keep all original certificates of
confidential marriages for one year from the date of filing. After
one year, the clerk may reproduce the certificates pursuant to
Section 26205 of the Government Code, and dispose of the original
certificates. The county clerk shall promptly seal and store at least
one original negative of each microphotographic film made in a
manner and place as reasonable to ensure its preservation
indefinitely against loss, theft, defacement, or destruction. The
microphotograph shall be made in a manner that complies with the
minimum standards or guidelines, or both, recommended by the American
National Standards Institute or the Association for Information and
Image Management. Every reproduction shall be deemed and considered
an original. A certified copy of any reproduction shall be deemed and
considered a certified copy of the original.
(c) The county clerk may conduct a search for a confidential
marriage certificate for the purpose of confirming the existence of a
marriage, but the date of the marriage and any other information
contained in the certificate shall not be disclosed except upon order
of the court.
(d) The county clerk shall, not less than quarterly, transmit
copies of all original confidential marriage certificates retained,
or originals of reproduced confidential marriage certificates filed
after January 1, 1982, to the State Registrar of Vital Statistics.
The registrar may destroy the copies so transmitted after they have
been indexed. The registrar may respond to an inquiry as to the
existence of a marriage performed pursuant to this chapter, but shall
not disclose the date of the marriage.
SEC. 32. Section 530 of the Family Code is amended to read:
530. (a) No notary public shall issue a confidential marriage
license pursuant to this part unless the notary public is approved by
the county clerk to issue confidential marriage licenses pursuant to
this chapter.
(b) A violation of subdivision (a) is a misdemeanor punishable by
a fine not to exceed one thousand dollars ($1,000) or six months in
jail.
SEC. 33. Section 531 of the Family Code is amended to read:
531. (a) An application for approval to authorize confidential
marriages pursuant to this part shall be submitted to the county
clerk in the county in which the notary public who is applying for
the approval resides. The county clerk shall exercise reasonable
discretion as to whether to approve applications.
(b) The application shall include all of the following:
(1) The full name of the applicant.
(2) The date of birth of the applicant.
(3) The applicant's current residential address and telephone
number.
(4) The address and telephone number of the place where the
applicant will issue confidential marriage licenses.
(5) The full name of the applicant's employer if the applicant is
employed by another person.
(6) Whether or not the applicant has engaged in any of the acts
specified in Section 8214.1 of the Government Code.
(c) The application shall be accompanied by the fee provided for
in Section 536.
SEC. 34. Section 532 of the Family Code is amended to read:
532. No approval, or renewal of the approval, shall be granted
pursuant to this chapter unless the notary public shows evidence of
successful completion of a course of instruction concerning the
issuance of confidential marriage licenses that was conducted by the
county clerk in the county of registration. The course of instruction
shall not exceed six hours in duration.
SEC. 35. Section 533 of the Family Code is amended to read:
533. An approval to issue confidential marriage licenses pursuant
to this chapter is valid for one year. The approval may be renewed
for additional one-year periods provided the following conditions are
met:
(a) The applicant has not violated any of the provisions provided
for in Section 531.
(b) The applicant has successfully completed the course prescribed
in Section 532.
(c) The applicant has paid the renewal fee provided for in Section
536.
SEC. 36. Section 534 of the Family Code is amended to read:
534. (a) The county clerk shall maintain a list of the notaries
public who are approved to issue confidential marriage licenses. The
list shall be available for inspection by the public.
(b) It is the responsibility of a notary public approved to issue
confidential marriage licenses pursuant to this chapter to keep
current the information required in paragraphs (1), (3), (4), and (5)
of subdivision (b) of Section 531. This information shall be used by
the county clerk to update the list required to be maintained by
this section.
SEC. 37. Section 535 of the Family Code is amended to read:
535. (a) If, after an approval to issue confidential marriage
licenses is granted pursuant to this chapter, it is discovered that
the notary public has engaged in any of the actions specified in
Section 8214.1 of the Government Code, the approval shall be revoked,
and the county clerk shall notify the Secretary of State for
whatever action the Secretary of State deems appropriate. Any fees
paid by the notary public shall be retained by the county clerk.
(b) If a notary public who is approved to authorize confidential
marriages pursuant to this chapter is alleged to have violated a
provision of this division, the county clerk shall conduct a hearing
to determine if the approval of the notary public should be suspended
or revoked. The notary public may present any evidence as is
necessary in the notary public's defense. If the county clerk
determines that the notary public has violated a provision of this
division, the county clerk may place the notary public on probation
or suspend or revoke the notary public's registration, and any fees
paid by the notary public shall be retained by the county clerk. The
county clerk shall report the findings of the hearing to the
Secretary of State for whatever action the Secretary of State deems
appropriate.
SEC. 38. Section 536 of the Family Code is amended to read:
536. (a) The fee for an application for approval to authorize
confidential marriages pursuant to this chapter is three hundred
dollars ($300).
(b) The fee for renewal of an approval is three hundred dollars
($300).
(c) Fees received pursuant to this chapter shall be deposited in a
trust fund established by the county clerk. The money in the trust
fund shall be used exclusively for the administration of the programs
described in this chapter.
SEC. 39. Section 100430 of the Health and Safety Code is amended
to read:
100430. (a) The fees or charges for a record search or for the
issuance of any license, permit, registration, or any other document
pursuant to Section 26832 or 26840 of the Government Code, or Section
102525, 102625, 102670, 102725, 102750, 103050, 103065, 103225,
103325, 103400, 103425, 103450, 103525, 103590, 103625, 103650,
103675, 103690, 103695, 103700, 103705, 103710, 103715, 103720,
103725, or 103735 of this code, may be adjusted annually by the
percentage change determined pursuant to Section 100425.
The base amount to be adjusted shall be the statutory base amount
of the fee or charge plus the sum of the prior adjustments to the
statutory base amount. Whenever the statutory base amount is amended,
the base amount shall be the new statutory base amount plus the sum
of adjustments to the new statutory base amount calculated subsequent
to the statutory base amendment. The actual dollar fee or charge
shall be rounded to the next highest whole dollar.
(b) Beginning January 1, 1983, the department shall annually
publish a list of the actual numerical fee charges as adjusted
pursuant to this section. This adjustment of fees and the publication
of the fee list shall not be subject to the requirements of Chapter
3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title
2 of the Government Code.
SEC. 40. Section 102130 of the Health and Safety Code is amended
to read:
102130. All marriage licenses shall be written legibly and shall
be photographically and micrographically reproducible. A marriage
license is not complete and correct that does not supply all of the
items of information called for, or satisfactorily account for their
omission.
SEC. 41. Section 102140 of the Health and Safety Code is amended
to read:
102140. No alteration or change in any respect shall be made on
any marriage license or certificate after its acceptance for
registration by the local registrar, or on other records made in
pursuance of this part, except where supplemental information
required for statistical purposes is furnished.
SEC. 42. Section 102310 of the Health and Safety Code is amended
to read:
102310. The local registrar of marriages shall carefully examine
each license before acceptance for registration and, if it is
incomplete or unsatisfactory, he or she shall require any further
information to be furnished as may be necessary to make the record
satisfactory before acceptance for registration.
SEC. 43. Section 102325 of the Health and Safety Code is amended
to read:
102325. The local registrar shall number each marriage
certificate consecutively beginning with the number one for either
the first event occurring, or first event registered in, each
calendar year. Numbering may be based on either the year that the
event occurs or the year of registration.
SEC. 44. Section 102355 of the Health and Safety Code is amended
to read:
102355. The local registrar of marriages shall transmit to the
State Registrar not less than quarterly all original marriage
certificates accepted for registration by him or her during the
preceding quarter. Certificates shall be batched by calendar year of
event prior to transmission. Certificates may be transmitted at more
frequent intervals by arrangement with the State Registrar.
SEC. 45. Section 103125 of the Health and Safety Code is amended
to read:
103125. The forms for the marriage license shall be prescribed by
the State Registrar.
SEC. 46. Section 103175 of the Health and Safety Code is amended
to read:
103175. (a) The marriage license shall contain as nearly as can
be ascertained all of the following and other items as the State
Registrar may designate:
(1) The first section shall include the personal data of parties
married, including the date of birth, full given name at birth or by
court order, birthplace, mailing address, names and birthplaces of
the parents, maiden name of the mothers, the number of previous
marriages, marital status, and the maiden name of the female if
previously married.
(2) The second section shall include the signatures of parties
married, license to marry, county and date of issue of license, and
the marriage license number.
(3) The third section shall include the certification of one
person performing the ceremony, that shall show his or her official
position including the denomination if he or she is a clergy or
clergyperson, and the printed name, signature, and mailing address of
at least one, and no more than two, witnesses to the marriage
ceremony. The person performing the marriage ceremony shall also type
or print his or her name and mailing address on the marriage
license.
(b) The marriage license shall not contain any reference to the
race or color of parties married.
SEC. 47. Section 103180 of the Health and Safety Code is amended
to read:
103180. (a) Sections 103150 and 103175 do not apply to marriages
entered into pursuant to Section 307 of the Family Code.
Subdivisions (b) and (c) govern the registration and the content of
the License and Certificate of Declaration of Marriage of those
marriages.
(b) Each marriage entered into pursuant to Section 307 of the
Family Code shall be registered by the parties entering into the
marriage or by a witness who signed under paragraph (2) of
subdivision (a) of Section 307 within 10 days after the ceremony with
the local registrar of marriages for the county in which the License
and Certificate of Declaration of Marriage was issued.
(c) The License and Certificate of Declaration of Marriage
entered into pursuant to Section 307 of the Family Code shall contain
as nearly as can be ascertained the following:
(1) The personal data of parties married, including the date of
birth, full given legal names at birth or by court order, birthplace,
mailing address, names and birthplaces of their parents, maiden name
of their mothers, the number of previous marriages, marital status,
and the maiden name of the female, if previously married and if her
name has been changed.
(2) The license to marry.
(3) The county and date of issuance of the license.
(4) The marriage license number.
(5) The certification of the parties entering into the marriage,
that shall show the following:
(A) The fact, time, and place of entering into the marriage.
(B) The printed name, signature, and mailing address of two
witnesses to the marriage ceremony.
(C) The religious society or denomination of the parties married,
and that the marriage was entered into in accordance with the rules
and customs of that religious society or denomination.
(6) The signatures of the parties married.
(7) Any other items that the State Registrar shall designate.
The License and Certificate of Declaration of Marriage shall not
contain any reference to the race or color of parties married or to a
person performing or solemnizing the marriage.
SEC. 48. Section 103200 of the Health and Safety Code is amended
to read:
103200. The clerk of the court of each county shall send a copy
of every judgment of dissolution of marriage, of legal separation,
and of declaration of nullity to the State Registrar monthly. If a
judgment of dissolution of marriage is vacated, the clerk of the
court shall send a copy of the order or dismissal to the State
Registrar.
SEC. 49. Section 103235 of the Health and Safety Code is amended
to read:
103235. If the amendment relates to a certificate or marriage
license that has not been transmitted to the State Registrar, the
local registrar shall review the amendment for acceptance for filing,
and if accepted shall file the amendment and shall note the fact of
the amendment, with its date, on the otherwise unaltered original
certificate or marriage license.
SEC. 50. Section 103595 of the Health and Safety Code is repealed.
SEC. 51. Section 103780 of the Health and Safety Code is amended
to read:
103780. (a) Every person, except as provided in subdivision (b),
who willfully alters or knowingly possesses more than one altered
document, other than as permitted by this part, or falsifies any
certificate of birth, fetal death, or death, or marriage license, or
any record established by this part is guilty of a misdemeanor.
(b) Every licensee or registrant pursuant to Chapter 12
(commencing with Section 7600) or Chapter 19 (commencing with Section
9600) of Division 3 of the Business and Professions Code, and the
agents and employees of the licensee, or any unlicensed person acting
in a capacity in which a license from the Cemetery and Funeral
Bureau is required, who willfully alters or knowingly possesses more
than one altered document, other than as permitted by this part, or
falsifies any certificate of death, is guilty of a misdemeanor that
shall be punishable by imprisonment in a county jail not exceeding
one year, by a fine not exceeding ten thousand dollars ($10,000), or
by both that imprisonment and fine.
SEC. 52. Section 103785 of the Health and Safety Code is amended
to read:
103785. Every person who is required to fill out a certificate of
birth, fetal death, or death, or marriage license and register it
with the local registrar, or deliver it, upon request, to any person
charged with the duty of registering it, and who fails, neglects, or
refuses to perform that duty in the manner required by this part is
guilty of a misdemeanor.
SEC. 53. Section 13.5 of this bill incorporates amendments to
Section 358 of the Family Code proposed by both this bill and AB
2051. It shall only become operative if (1) both bills are enacted
and become effective on or before January 1, 2007, (2) each bill
amends Section 358 of the Family Code, and (3) this bill is enacted
after AB 2051, in which case Section 13 of this bill shall not become
operative.
SEC. 54. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because a
local agency or school district has the authority to levy service
charges, fees, or assessments sufficient to pay for the program or
level of service mandated by this act, within the meaning of Section
17556 of the Government Code.
SEC. 55. Notwithstanding Section 56, the provisions of Section 8.5
shall become operative on January 1, 2007. Notwithstanding Section
56, the provisions of Section 13.5 shall also become operative on
January 1, 2007, if Section 13.5 becomes operative pursuant to
Section 53.
SEC. 56. The provisions of this act shall become operative on
January 1, 2008.