Amended in Assembly April 16, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 445

Introduced by Assembly Member Alejo

February 23, 2015

An act to amend Section begin delete 12815 end delete begin insert 400 end insert of the begin delete Vehicle end delete begin insert Family end insert Code, relating to begin delete driver’s licenses. end delete begin insert marriage. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 445, as amended, Alejo. begin delete Driver’s licenses. end delete begin insert Marriage. end insert

begin insert

Existing law enumerates persons who are authorized to solemnize a marriage, including any priest, minister, rabbi, or authorized person of any religious denomination.

end insert begin insert

This bill would add a tribal court judge who has been authorized by tribal ordinance to solemnize marriages.

end insert begin delete

Existing law requires that each application for an original or a renewal of a driver’s license contain certain information, including the applicant’s true full name, age, and gender. Existing law also provides that if a driver’s license is lost, destroyed or mutilated, or if a new true full name is acquired, the person to whom the driver’s license was issued shall obtain a duplicate if the person provides satisfactory proof of the loss, destruction, or mutilation.

end delete begin delete

This bill would authorize the department to accept a marriage license issued by a tribal court to verify a new true full name.

end delete begin delete

This bill would make conforming changes.

end delete

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 400 of the end insert begin insert Family Code end insert begin insert is amended to
read: end insert

400.  

Although marriage is a personal relation arising out of a
civil, and not a religious, contract, a marriage may be solemnized
by any of the following who is 18 years of age or older:

(a) A priest, minister, rabbi, or authorized person of any religious
denomination. A person authorized by this subdivision shall not
be required to solemnize a marriage that is contrary to the tenets
of his or her faith. Any refusal to solemnize a marriage under this
subdivision, either by an individual or by a religious denomination,
shall not affect the tax-exempt status of any entity.

(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.

begin insert

(f) A tribal court judge who has been authorized by tribal
ordinance to solemnize marriages.

end insert

begin delete

SECTION 1.  

Section 12815 of the Vehicle Code is amended
to read:

12815.  

(a) (1) If a driver’s license issued under this code is
lost, destroyed or mutilated, or a new true full name is acquired,
the person to whom it was issued shall obtain a duplicate upon
furnishing to the department (A) satisfactory proof of that loss,
destruction or mutilation, or new true full name and (B) if the
licensee is a minor, evidence of permission to obtain a duplicate
secured from the parents, guardian, or person having custody of
the minor. Any person who loses a driver’s license and who, after
obtaining a duplicate, finds the original license shall immediately
destroy the original license.

(2) The department may accept a marriage license issued by a
tribal court to verify a new true full name.

(b) A person in possession of a valid driver’s license who has
been informed either by the department or by a law enforcement
agency that the document is mutilated shall surrender the license
to the department not later than 10 days after that notification.

(c) For purposes of this section, a mutilated license is one that
has been damaged sufficiently to render any or all of the elements
of identity set forth in Sections 12800.5 and 12811 unreadable or
unidentifiable through visual, mechanical, or electronic means.

end delete