BILL NUMBER: AB 1143	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Ma

                        FEBRUARY 27, 2009

   An act to amend Section 307 of the Family Code, and to amend
Section 103180 of the Health and Safety Code, relating to vital
records.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1143, as introduced, Ma. License and Certificate of Non-Clergy
Marriage: registration.
   Existing law prescribes the requirements for registration of a
marriage, including the contents of a certificate of registry of
marriage. 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 Non-Clergy
Marriage containing specified information, and further requires that
the certificate be registered with the county within 10 days of the
ceremony.
   This bill would extend the time by which a License and Certificate
of Non-Clergy Marriage is required to be registered to 15 days
following the ceremony.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
   AB 1143, as introduced, Ma. License and Certificate of Non-Clergy
Marriage: registration.
   Existing law prescribes the requirements for registration of a
marriage, including the contents of a certificate of registry of
marriage. 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 Non-Clergy
Marriage containing specified information, and further requires that
the certificate be registered with the county within 10 days of the
ceremony.
   This bill would extend the time by which a License and Certificate
of Non-Clergy Marriage is required to be registered to 15 days
following the ceremony.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

  SECTION 1.  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 Public Health, 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
  15  days after the ceremony.
  SEC. 2.  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 Non-Clergy 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  of the Family Code  within
 10   15  days after the ceremony with the
local registrar of marriages for the county in which the License and
Certificate of Non-Clergy Marriage was issued.
   (c) The License and Certificate of Non-Clergy 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 each party married, including the date of
birth, full given name at birth or by court order, birthplace,
mailing address, names and birthplaces of each party's parents, last
names at birth of each party's parents, the number of previous
marriages, marital status, the name used prior to the intended
marriage by each party at the time of the marriage license
application, if the name is different from the name given at birth or
by court order, and the new name, if any, selected by each party for
intended use upon solemnization of the marriage.
   (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.
   (d) The License and Certificate of Non-Clergy Marriage shall not
contain any reference to the race or color of parties married or to a
person performing or solemnizing the marriage.

  SECTION 1.  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 Public Health, 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
  15  days after the ceremony.
  SEC. 2.  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 Non-Clergy 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  of the Family Code  within
 10   15  days after the ceremony with the
local registrar of marriages for the county in which the License and
Certificate of Non-Clergy Marriage was issued.
   (c) The License and Certificate of Non-Clergy 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 each party married, including the date of
birth, full given name at birth or by court order, birthplace,
mailing address, names and birthplaces of each party's parents, last
names at birth of each party's parents, the number of previous
marriages, marital status, the name used prior to the intended
marriage by each party at the time of the marriage license
application, if the name is different from the name given at birth or
by court order, and the new name, if any, selected by each party for
intended use upon solemnization of the marriage.
   (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.
   (d) The License and Certificate of Non-Clergy Marriage shall not
contain any reference to the race or color of parties married or to a
person performing or solemnizing the marriage.