BILL ANALYSIS Ó
AB 2128
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CONCURRENCE IN SENATE AMENDMENTS
AB
2128 (Achadjian)
As Amended June 6, 2016
Majority vote
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|ASSEMBLY: | 76-0 | (May 2, 2016) |SENATE: | 37-0 |(June 30, 2016) |
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Original Committee Reference: JUD.
SUMMARY: Limits the power of a county clerk or the State
Register to reject a power of attorney from a member of the
Armed Forces stationed overseas and seeking to marry "by proxy."
Specifically, this bill provides that proper completion of a
power of attorney by a member of the armed forces, stationed
overseas, serving in a conflict or a war and seeking to marry
through an attorney-in-fact, is the sole determinant as to
whether the county clerk's office and the State Registrar must
accept the power of attorney and allow the military member to
get married.
The Senate amendments are technical.
EXISTING LAW allows a member of the United States armed forces
who is stationed overseas and serving in a conflict or a war and
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is unable to appear for licensure and solemnization of his or
her 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.
FISCAL EFFECT: None
COMMENTS: To prevent fraud, California has historically had a
prohibition on "marriages by proxy," that is, marriages where
one of the parties is not present at the required solemnization
and is instead represented by an attorney-in-fact. In 2004,
when the wars in Afghanistan and Iraq were raging, reservists
were being called up for extended service with little warning.
Based on the needs of the conflict, some ended up serving
overseas for a year or longer, potentially wreaking havoc in the
lives of their loved ones left behind.
It was against that backdrop, the Legislature passed SB 7
(Brulte), Chapter 476, Statutes of 2004, which established a
process for marriage by proxy for those members of the armed
forces who are serving overseas in a conflict or war zone. When
considering the bill, the Legislature heard from Theresa Arnold.
Her fiancé Marine Corps Lieutenant Thomas Cogan IV was
stationed in Iraq. Theresa and Thomas are expecting their first
child the next month, but under then-existing law, they have no
way to get married prior to the birth of their child. Allowing
marriage by proxy for members of the armed forces serving in a
conflict or war overseas has helped ensure that military
members' loved ones, including spouses and children, receive
critical health and other benefits. In the case of Theresa
Arnold and Thomas Cogan, their immediate marriage helped ensure
that prenatal and birth costs were covered and that both Theresa
and the baby received appropriate benefits should anything have
happened to Lieutenant Cogan while in Iraq. Without that bill,
they may not have been entitled to receive such benefits,
whether in a timely manner or at all.
California is now one of only a handful of states, including
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Texas and Colorado, that permit marriage by proxy. Montana
allows a "double proxy marriage" in which neither party must be
present in the state in order to legally marry, provided at
least one party is either a resident of Montana or a member of
the military.
The current problem, according to the sponsor, the California
Association of Clerks and Elections Officials, is that a small
number of county clerks and state officials have questioned
whether some of the overseas military members seeking to marry
by proxy are actually in war or conflict zones and have, as a
result, rejected some requests to marry by proxy or later
rejected marriage licenses. Given the international nature of
today's evolving threat of terrorism, it may not be clear to a
county clerk or an official with the State Registrar where
conflict zones are. Thus, it appears best to accept a military
member's signed declaration, which as stated on the required
form must be done under penalty of perjury, that he or she is
serving in war or conflict zone. This bill does just that by
providing that proper completion of a power of attorney by a
member of the armed forces, stationed overseas and serving in a
conflict or a war and seeking to marry through an
attorney-in-fact, is the sole determinant as to whether the
county clerk's office and the State Registrar must accept the
power of attorney and allow the military member to get married.
Analysis Prepared by:
Leora Gershenzon / JUD. / (916) 319-2334 FN:
0003476
AB 2128
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