BILL NUMBER: AB 445	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 16, 2015

INTRODUCED BY   Assembly Member Alejo

                        FEBRUARY 23, 2015

   An act to amend Section  12815   400  of
the  Vehicle   Family  Code, relating to
 driver's licenses.   marriage. 


	LEGISLATIVE COUNSEL'S DIGEST


   AB 445, as amended, Alejo.  Driver's licenses. 
 Marriage.  
   Existing law enumerates persons who are authorized to solemnize a
marriage, including any priest, minister, rabbi, or authorized person
of any religious denomination.  
   This bill would add a tribal court judge who has been authorized
by tribal ordinance to solemnize marriages.  
   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. 

   This bill would authorize the department to accept a marriage
license issued by a tribal court to verify a new true full name.
 
   This bill would make conforming changes. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

   SECTION 1.    Section 400 of the   Family
Code   is amended to read: 
   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. 
   (f) A tribal court judge who has been authorized by tribal
ordinance to solemnize marriages.  
  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.