BILL NUMBER: AB 2128	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 6, 2016
	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, commissioned and empowered in writing for that purpose
through a power of attorney duly signed by the party stationed
overseas and acknowledged  by   before  a
notary or witnessed by 2 officers of the United States Armed Forces.
   This bill would 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 shall personally appear at the county clerk's office with the
party who is not stationed overseas and present the original power of
attorney duly signed by the party stationed overseas and
acknowledged  by   before  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) A contract of marriage, if otherwise duly made, shall not be
invalidated for want of conformity to the requirements of any
religious sect.