BILL NUMBER: AB 102	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Ma

                        JANUARY 3, 2007

   An act to amend Section 355 of the Family Code, and to amend
Sections 103175 and 103180 of the Health and Safety Code, relating to
marriage.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 102, as introduced, Ma. Marriage: licenses: name.
   Existing law requires that, before entering into or declaring a
marriage, the parties first obtain a marriage license from a county
clerk. Existing law requires the State Department of Public Health to
prescribe the forms for the marriage license.
   This bill would require that the forms for the marriage license
contain spaces for either party to indicate a change in his or her
last name to his or her spouse's last name.
   Existing law, effective January 1, 2008, requires that a marriage
license contain certain information, including the maiden name of the
female, if previously married.
   This bill would require, instead, that a marriage license include
the name used prior to marriage by each party who was previously
married and whose name has been changed.
   Existing law requires that each marriage performed be registered
by the person performing the ceremony. Existing law creates an
exemption from this requirement for members of a religious society or
denomination not having clergy. Existing law requires those persons
to file a License and Certificate of Declaration of Marriage
containing specified information, including the maiden name of the
female, if previously married and if her name has been changed.
   This bill would require, instead, that the certificate include the
name used prior to marriage by each party who was previously married
and whose name has been changed.
   By requiring counties to alter their forms to conform with these
requirements, the bill would impose a state-mandated local program.
   This bill would make other technical, nonsubstantive changes.
   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.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 355 of the Family Code, as amended by Section
11 of Chapter 816 of the Statutes of 2006, is amended to read:
   355.  (a) The forms for the marriage license shall be prescribed
by the State Department of  Public  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.

   (c) The forms for the marriage license shall contain spaces for
either party to indicate a change in his or her last name to the last
name of his or her spouse. 
  SEC. 2.  Section 103175 of the Health and Safety Code, as amended
by Section 46 of Chapter 816 of the Statutes of 2006, 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   each party  married, including the date
of birth, full given name at birth or by court order, birthplace,
mailing address, names and birthplaces of  the  
each party's  parents, maiden name of  the mothers
  each party's mother  , the number of previous
marriages, marital status, and the  maiden name of the female
if   name used prior to marriage by each party who was
 previously married  and whose name has been changed  .

   (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. 3.  Section 103180 of the Health and Safety Code, as amended
by Section 47 of Chapter 816 of the Statutes of 2006, 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   each
party  married, including the date of birth, full given 
legal names   name  at birth or by court order,
birthplace, mailing address, names and birthplaces of  their
  each party's  parents, maiden name of 
their mothers   each party's mother  , the number
of previous marriages, marital status, and the  maiden name
of the female, if   name used prior to marriage by each
party who was  previously married and  if her 
 whose  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 
    (d)     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. 4.  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.