BILL NUMBER: AB 2128	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 11, 2016
	AMENDED IN ASSEMBLY  MARCH 15, 2016

INTRODUCED BY   Assembly Member Achadjian

                        FEBRUARY 17, 2016

   An act to amend Section 420 of the Family Code, relating to
marriage.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2128, as amended, Achadjian. Marriage.
   Existing law allows 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 to enter into that marriage by the appearance of an attorney
in fact.   fact, commissioned and empowered in
writing for that purpose through a power of attorney duly signed by
the party stationed overseas and acknowledged by a notary or
witnessed by 2   officers of the United States Armed Forces.

   This bill would  remove the requirement that the member of
the Armed Forces of the United States be serving in a conflict or
war.   provide that the completion of the power of
attorney is the sole determinant as to whether the county clerk's
office or State Registrar will accept the power of attorney. 
   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 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
spouses.
   (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   shall  personally appear at
the county clerk's office with the party who is not stationed
 overseas,   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.  The completion of a power of
attorney shall be the sole determinant as to whether the county clerk'
s office and the State Registrar will accept the power of attorney.

   (c)  No   A    contract of
marriage, if otherwise duly made, shall  not  be invalidated
for want of conformity to the requirements of any religious sect.