BILL NUMBER: AB 1102 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Hancock
FEBRUARY 22, 2005
An act to amend Sections 300, 302, 303, 306, 307, 309, 351, 354,
355, 357, 358, 359, 360, 400, 420, 422, 425, 500, 501, 503, 505, 506,
508, 509, 510, 511, 530, 531, 532, 533, 534, 535, and 536 of, to
amend the heading of Part 2 (commencing with Section 350) of Division
3 of, and to repeal Sections 353, 424, and 502 of, the Family Code,
and to amend Sections 100430, 102130, 102140, 102310, 102325, 102355,
103125, 103175, 103180, 103200, 103235, 103730, 103780, and 103785
of, and to repeal Section 103595 of, the Health and Safety Code,
relating to marriage.
LEGISLATIVE COUNSEL'S DIGEST
AB 1102, as introduced, Hancock. Marriage.
Existing law provides that marriage is a personal relation arising
out of a civil contract between a man and a woman, and requires the
licensure and solemnization thereof. Existing law provides for the
issuance of marriage and confidential marriage licenses and sets the
fees thereof. Existing law further imposes duties on county clerks in
that connection, as specified.
This bill would, among other things, revise and recast those
provisions and related terms. The bill would conform various
statutory provisions of law to those changes. The bill would further
prohibit the issuance of confidential marriage licenses based upon an
inability of the parties to appear, and would make related changes
with regard to notary publics and the state registrar. In issuing a
duplicate marriage license or confidential marriage license, the bill
would allow the county clerk to charge any fee to cover the actual
costs of issuing that duplicate license, and would change the fee
charged notary publics for approval to issue confidential marriage
licenses to an unspecified amount.
By adding to the duties of county employees to comply with those
changes, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 300 of the Family Code is amended to read:
300. (a) Marriage is a personal relation
arising out of a civil contract between a man and a woman, to which
the consent of the parties capable of making that contract is
necessary. Consent alone does not constitute marriage. Consent must
be followed by the issuance of a license and solemnization as
authorized by this division, except as provided by Section 425 and
Part 4 (commencing with Section 500). (b) For purposes of this
part, the document issued by the county clerk is a marriage license
until it is registered with the county recorder or county clerk, at
which time the license becomes a marriage certificate.
SEC. 2. Section 302 of the Family Code is amended to read:
302. (a) An unmarried male or female under
the age of 18 years is capable of consenting to and consummating
marriage if each of the following documents is filed with
the county clerk issuing the marriage license: (a)
upon obtaining a court order
granting permission to the underage person or persons to marry.
(b) The court order and written
consent of the parents of each underage person, or of one of the
parents or the guardian of each underage person .
(b) A court order
granting permission to the underage person to marry, obtained on the
showing the court requires shall be filed with the
clerk of the court, and a certified copy of the order shall be
presented to the county clerk at the time the marriage
license is issued .
SEC. 3. Section 303 of the Family Code is amended to read:
303. If it appears to the satisfaction of the court by
application of a minor that the minor requires a written consent to
marry and that the minor has no parent or has no parent capable of
consenting, the court may make an order consenting to the issuance of
a marriage license and granting permission to the minor to marry.
The order shall be filed with the clerk of the court and a
certified copy of the order shall be presented to the county
clerk at the time the marriage license is issued.
SEC. 4. Section 306 of the Family Code is amended to read:
306. Except as provided in Section 307, a marriage shall be
licensed, solemnized, and authenticated, and the certificate
of registry of authenticated marriage
license shall be returned to the county recorder of the
county where the marriage license was issued, as
provided in this part. Noncompliance with this part by a nonparty to
the marriage does not invalidate the marriage.
SEC. 5. Section 307 of the Family Code is amended to read:
307. This division, so far as it relates to the solemnizing of
marriage, is not applicable to members of a particular religious
society or denomination not having clergy for the purpose of
solemnizing marriage or entering the marriage relation, if all of the
following requirements are met:(a) The parties to the marriage
make, sign , and endorse on
or attach to the license a statement, in the form
prescribed by the State Department of Health Services, showing all of
the following:
(1) The fact, time, and place of entering into the marriage.
(2) The printed names, signatures , and
places of residence mailing addresses
of two witnesses to the ceremony.
(3) The religious society or denomination of the parties to the
marriage, and that the marriage was entered into in accordance with
the rules and customs of that religious society or denomination. The
statement of the parties to the marriage that the marriage was
entered into in accordance with the rules and customs of the
religious society or denomination is conclusively presumed to be
true.
(b) The License and Certificate of Declaration of
Non-Clergy Marriage, endorsed pursuant to
subdivision (a), is returned to the county recorder of the county in
which the license was issued within 30 10
days after the ceremony.
SEC. 6. Section 309 of the Family Code is amended to read:
309. If either party to a marriage denies the marriage, or
refuses to join in a declaration of the marriage, the other party may
proceed, by action pursuant to Section 103450 of the Health and
Safety Code , to have the validity of the marriage determined
and declared.
SEC. 7. The heading of Part 2 (commencing with Section 350) of
Division 3 of the Family Code is amended to read:
PART 2. MARRIAGE LICENSE AND CERTIFICATE OF REGISTRY
SEC. 8. Section 351 of the Family Code is amended to read:
351. The marriage license shall show all of the following:(a) The
identity of the parties to the marriage.
(b) The parties' real and full given
names at birth or by court order , and places of
residence mailing addresses .
(c) The parties' ages date s
of birth .
SEC. 9. Section 353 of the Family Code is repealed.
353. If an applicant for a marriage license is under the age of
18 years, the license may be granted only if both parties are capable
of consenting to and consummating marriage as provided for in
Section 302, and the consent or court order required by Section 303
are filed with the county clerk.
SEC. 10. Section 354 of the Family Code is amended to read:
354. (a) Each applicant for a marriage license may
shall be required to present authentic
photo identification acceptable to the county clerk
as to name and date of birth. A credible witness affidavit or
affidavits may be used at the discretion of the county clerk in lieu
of authentic photo identification .(b) For the purpose of
ascertaining the facts mentioned or required in this part, if the
clerk deems it necessary, the clerk may examine the applicants for a
marriage license on oath at the time of the application. The clerk
shall reduce the examination to writing and the applicants shall sign
it.
(c) If necessary, the clerk may request additional documentary
proof as to the accuracy of the facts stated.
(d) Applicants for a marriage license shall not be required to
state, for any purpose, their race or color.
(e) If a marriage is to be entered into pursuant to subdivision
(b) of Section 420, the attorney-in-fact shall comply with the
requirements of this section on behalf of the applicant who is
overseas, if necessary.
SEC. 11. Section 355 of the Family Code is amended to read:
355. (a) The forms for the application for a marriage
license and the marriage license shall be prescribed by the
State Department of Health Services, and shall be adapted to set
forth the facts required in this part.(b) The form for the
application for a marriage license shall include an
affidavit on the back , which the applicants
shall sign, affirming that they have received the brochure provided
for in Section 358. If the marriage is to be entered into pursuant to
subdivision (b) of Section 420, the attorney-in-fact shall sign the
affidavit on behalf of the applicant who is overseas.
(c) The affidavit required by subdivision (b) shall state:
AFFIDAVIT
I acknowledge that I have received the brochure
titled____________________________________________
_______ __________________________________________
_________
Signatu
re of Date
Bride
_______ ________________________________________
Signatu
re of Date
Groom
SEC. 12. Section 357 of the Family Code is amended to read:
357. (a) The county clerk shall number each marriage license
issued and shall transmit at periodic intervals to the county
recorder a list or copies of the licenses issued.(b) Not later than
60 days after the date of issuance, the county recorder shall notify
licenseholders whose certificate of registry
marriage license has not been returned of that fact and that
the marriage license will automatically expire on the date shown on
its face.
(c) The county recorder shall notify the licenseholders of the
obligation of the person solemnizing their marriage to return the
certificate of registry and endorsed marriage
license to the recorder's office within 10 days after the
ceremony.
SEC. 13. Section 358 of the Family Code is amended to read:
358. (a) The State Department of Health Services shall prepare
and publish a brochure which that shall
contain the following:(1) Information concerning the possibilities
of genetic defects and diseases and contain a listing of centers
available for the testing and treatment of genetic defects and
diseases.
(2) Information concerning acquired immune deficiency syndrome
(AIDS) and the availability of testing for antibodies to the probable
causative agent of AIDS.
(3) Information concerning domestic violence, including resources
available to victims and a statement that physical, emotional,
psychological, and sexual abuse, and assault and battery, are against
the law.
(b) The State Department of Health Services shall make the
brochures available to county clerks who shall distribute a copy of
the brochure to each applicant for a marriage license, including
applicants for a confidential marriage license and notary publics
receiving a confidential marriage license pursuant to Section 503.
(c) Each notary public authorizing issuing
a confidential marriage license under Section 503
shall distribute a copy of the brochure to the applicants for a
confidential marriage license.
(d) To the extent possible, the State Department of Health
Services shall seek to combine in a single brochure all statutorily
required information for marriage license applicants.
SEC. 14. Section 359 of the Family Code is amended to read:
359. (a) Applicants for a marriage license
Except as provided in Section 420, applicants to be married
shall first appear together in person before the county
clerk to obtain from the county clerk issuing the
license, a certificate of registry of a marriage
license .(b) The contents of the certificate of
registry marriage license are provided in Part 1
(commencing with Section 102100) of Division 102 of the Health and
Safety Code.
(c) The certificate of registry shall be filled out by
the applicants, in the presence of the county clerk issuing the
issued marriage license , and
shall be presented to the person solemnizing the marriage by
the parties to be married .
(d) The person solemnizing the marriage shall complete the
certificate of registry solemnization
sections on the marriage license, and shall cause to be entered
on the certificate of registry marriage
license the printed name, signature , and
mailing address of at least one
witness , and no more than two, witnesses to
the marriage ceremony.
(e) The certificate of registry marriage
license shall be returned by the person solemnizing the
marriage to the county recorder of the county in which the license
was issued within 10 days after the ceremony.
(f) As used in this division, "returned" means presented to the
appropriate person in person, or postmarked, before the expiration of
the specified time period.
SEC. 15. Section 360 of the Family Code is amended to read:
360. (a) If a certificate of registry of
marriage license is lost , damaged, or
destroyed after the marriage ceremony , but before it is
returned to the county recorder, or deemed unacceptable for
registration by the county recorder, the person solemnizing the
marriage, in order to comply with Section 359, shall obtain a
duplicate certificate of registry marriage
license by filing an affidavit setting forth the facts with the
county clerk of the county in which the license was issued.(b) The
duplicate certificate of registry marriage
license may not be issued later than one year after issuance of
the original license and shall be returned by the person solemnizing
the marriage to the county recorder within 10 days after
one year of the issuance date shown on the
original marriage license .
(c) The county clerk may charge a fee for
issuing the duplicate marriage license and certificate of registry is
five dollars ($5) to cover the actual costs of
issuing a duplicate marriage license .
(d) If a marriage license is lost, damaged, or destroyed before a
marriage ceremony takes place, the applicants shall purchase a new
marriage license and the old license shall be voided.
SEC. 16. Section 400 of the Family Code is amended to read:
400. Marriage may be solemnized by any of the following who is of
the age of 18 years or older:(a) A priest, minister, or
rabbi , or authorized person of any religious
denomination.
(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.
SEC. 17. 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 husband and wife.(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 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 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 true legal 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 authorizingg 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.
(c) No contract of marriage, if otherwise duly made, shall be
invalidated for want of conformity to the requirements of any
religious sect.
SEC. 18. Section 422 of the Family Code is amended to read:
422. The person solemnizing a marriage shall make
, sign , and endorse upon or
attach to print or type upon the marriage
license a statement, in the form prescribed by the State Department
of Health Services, showing all of the following:(a) The fact, date
(month, day, year), and place (city and county) of solemnization.
(b) The printed names , signatures, and
places of residence mailing addresses
of at least one or , and no
more than two, witnesses to the ceremony.
(c) The official position of the person solemnizing the marriage,
or of the denomination of which that person is a priest, minister,
rabbi, or member other authorized person
of the clergy any religious
denomination .
(d) The person solemnizing the marriage shall also type or print
the person's his or her name and
mailing address.
SEC. 19. Section 424 of the Family Code is repealed.
424. At the request of, and for, either party to a marriage, the
person solemnizing the marriage shall issue a marriage certificate
showing the facts specified in Section 422.
SEC. 20. Section 425 of the Family Code is amended to read:
425. If no record of the solemnization of a California
marriage previously contracted under this division for that
marriage is known to exist, the parties may purchase a License
and Certificate of Declaration of Marriage from the county clerk in
the parties' county of residence one year or more from the date
of the marriage . The license and certificate shall be returned
to the county recorder of the county in which the license was
issued.
SEC. 21. Section 500 of the Family Code is amended to read:
500. When an (a) An
unmarried man and an unmarried woman, not minors,
have been living together as husband and wife, they may be
married pursuant to this chapter by a person authorized to solemnize
a marriage under Chapter 1 (commencing with Section 400) of Part 3
, without the necessity of first obtaining health
certificates . (b) For purposes of this part, the
document issued by the county clerk is a marriage license until it is
registered with the county recorder or county clerk, at which time
the license becomes a marriage certificate.
SEC. 22. Section 501 of the Family Code is amended to read:
501. Except as provided in Section 502, a
A confidential marriage license shall be issued by the county
clerk upon the personal appearance together of the parties
to be married and their payment of the fees required by Sections
26840.1 and 26840.8 of the Government Code and any fee imposed
pursuant to the authorization of Section 26840.3 of the Government
Code.
SEC. 23. Section 502 of the Family Code is repealed.
502. If, for any reason, either or both of the parties to be
married is physically unable to appear in person before the county
clerk, a confidential marriage license shall be issued by the county
clerk to the person solemnizing the marriage upon that person's
presenting an affidavit to the county clerk, signed by the person and
the parties to be married, explaining the reason for the inability
to appear.
SEC. 24. Section 503 of the Family Code is amended to read:
503. The county clerk shall issue a confidential marriage license
upon the request of a notary public approved by the county clerk to
authorize issue confidential
marriages marriage licenses pursuant to Chapter
2 (commencing with Section 530) and upon payment by the notary public
of the fees specified in Sections 26840.1 and 26840.8 of the
Government Code. The parties shall reimburse a notary public who
authorizes issues a confidential
marriage license for the amount of the fees.
SEC. 25. Section 505 of the Family Code is amended to read:
505. (a) The form of the confidential marriage license shall be
prescribed by the State Registrar of Vital Statistics.(b) The form
shall be designed to require that the parties to be married declare
or affirm that they meet all of the requirements of this chapter.
(c) The form shall include a certificate of marriage,
which shall be filled out by the parties upon performance of the
marriage and be authenticated by the person solemnizing the marriage.
(d) The form shall include
an affidavit on the back , which the
husband bride and wife
groom shall sign, affirming that they have received the
brochure provided for in Section 358.
(e) The affidavit required by subdivision (d) shall state:
AFFIDAVIT
I acknowledge that I have received the brochure
titled___________________________
Signature of Wife Date
Signature of Husband Date
SEC. 26. Section 506 of the Family Code is amended to read:
506. (a) The confidential marriage license shall be presented to
the person solemnizing the marriage.(b) Upon performance of the
ceremony, the solemnization section on the confidential
marriage certificate license shall be
filled out by the parties to the marriage and authenticated
completed by the person solemnizing the
marriage.
(c) The certificate confidential marriage
license shall be returned by the person solemnizing the
marriage to the office of the county clerk in the county in which the
license was issued within 10 days after the ceremony.
SEC. 27. Section 508 of the Family Code is amended to read:
508. Upon issuance of a confidential marriage
certificate license , parties shall be provided
with an application to obtain a certified copy of the confidential
marriage certificate from the county clerk.
SEC. 28. Section 509 of the Family Code is amended to read:
509. (a) A party to a confidential marriage may obtain a
certified copy of the confidential marriage certificate from the
county clerk of the county in which the certificate is filed in any
of the following ways:(1) By submitting the application for a
certified copy of the confidential marriage certificate provided to
the parties pursuant to Section 508.
(2) By personally appearing before a notary public or at the
county clerk's office in the party's county of residence, producing
proper identification that is acceptable to the county clerk
, obtaining a certificate attesting to the party's identity
from the notary public or county clerk, and transmitting
mailing or faxing that certificate, together
with a request for the certified copy of the confidential marriage
certificate, to the county clerk of the county with which the
certificate is filed.
(3) By personally appearing at the county clerk's office where the
certificate is filed and producing proper identification.
(b) Copies of a confidential marriage certificate may be issued to
the parties to the marriage upon the payment of
a the fee equivalent to that charged
for copies of a certificate of marriage
certificate .
SEC. 29. Section 510 of the Family Code is amended to read:
510. (a) If a confidential marriage certificate
license is lost, damaged, or destroyed after the
performance of the marriage and , but
before it is returned , to the county
clerk may issue a replacement upon the payment of a fee of
five dollars ($5) , or deemed unacceptable
for registration by the county clerk, the person solemnizing the
marriage, in order to comply with Section 506, shall obtain a
duplicate marriage license by filing an affidavit setting forth the
facts with the county clerk of the county in which the license was
issued .(b) The duplicate license may not be issued later than
one year after issuance of the original license and shall be returned
by the person solemnizing the marriage to the county clerk within
10 days after one year of the issuance
date shown on the original marriage license .
(c) The county clerk may charge a fee to cover the actual costs of
issuing a duplicate marriage license.
(d) If a marriage license is lost, damaged, or destroyed before a
marriage ceremony takes place, the applicants shall purchase a new
marriage license and the old license shall be voided.
SEC. 30. Section 511 of the Family Code is amended to read:
511. (a) Except as provided in subdivision (b), the county clerk
shall maintain confidential marriage certificates filed pursuant to
Section 506 as permanent records which shall not be open to public
inspection except upon order of the court issued upon a showing of
good cause. The confidential marriage license is a confidential
record and not open to public inspection without an order from the
court. (b) The county clerk shall keep all original
certificates of confidential marriages for one year from the date of
filing. After one year, the clerk may microfilm
reproduce the
certificates pursuant to Section 26205 of the Government Code,
and dispose of the original certificates or microfilm
the certificates and send the original certificates to the Office of
the State Registrar . The county clerk shall promptly seal
and store at least one original negative of each microphotographic
film made in a manner and place as reasonable to ensure its
preservation indefinitely against loss, theft, defacement, or
destruction. The microphotograph shall be made in a manner that
complies with the minimum standards or guidelines, or both,
recommended by the American National Standards Institute or the
Association for Information and Image Management. Every reproduction
shall be deemed and considered an original. A certified copy of any
reproduction shall be deemed and considered a certified copy of the
original.
(c) The county clerk may conduct a search for a confidential
marriage certificate for the purpose of confirming the existence of a
marriage, but the date of the marriage and any other information
contained in the certificate shall not be disclosed except upon order
of the court.
(d) The county
clerk shall, not less than quarterly, transmit copies of all original
confidential marriage certificates retained, or originals of
microfilmed confidential marriage certificates filed after January 1,
1982, to the State Registrar of Vital Statistics. The registrar may
destroy the copies so transmitted after they have been indexed. The
registrar may respond to an inquiry as to the existence of a marriage
performed pursuant to this chapter, but shall not disclose the date
of the marriage.
SEC. 31. Section 530 of the Family Code is amended to read:
530. (a) No notary public shall authorize
issue a confidential marriage license pursuant to
this part unless the notary public is approved by the county clerk to
authorize issue confidential
marriages marriage license s pursuant
to this chapter.(b) A violation of subdivision (a) is a misdemeanor
punishable by a fine not to exceed one thousand dollars ($1,000) or
six months in jail.
SEC. 32. Section 531 of the Family Code is amended to read:
531. (a) An The county clerk may, at his
or her discretion, choose to establish a policy to accept
applications for approval of a notary public to issue confidential
marriage licenses. The notary public shall file an application
for approval to authorize issue
confidential marriages marriage licenses
pursuant to this part shall be submitted to
with the county clerk in the county in which the notary
public who is applying for the approval is commissioned and
resides. The county clerk shall exercise reasonable discretion
as to whether to approve applications. Any violation of the
policy set forth by the county clerk shall result in the suspension
or revocation of the authorization for the notary public
to issue confidential marriage licenses. (b) The
application shall include all of the following:
(1) The full name of the applicant.
(2) The date of birth of the applicant.
(3) The applicant's current residential address and telephone
number.
(4) The address and telephone number of the place where the
applicant will issue authorizations for the performance of a
marriage.
(5) The full name of the applicant's employer if the applicant is
employed by another person.
(6) Whether or not the applicant has engaged in any of the acts
specified in Section 8214.1 of the Government Code.
(c) The application shall be accompanied by the fee provided for
in Section 536.
SEC. 33. Section 532 of the Family Code is amended to read:
532. No approval , or renewal of the approval, shall
be granted pursuant to this chapter unless the notary public shows
evidence of successful completion of a course of instruction
concerning the authorization issuance
of confidential marriages that shall be conducted by the
county clerk marriage licenses that was conducted by
the county clerk in the county of registration . The course of
instruction shall not exceed two hours in duration
be given by the county clerk at a date and time set forth in
the policy established by the county clerk .
SEC. 34. Section 533 of the Family Code is amended to read:
533. An approval to authorize issue
confidential marriages marriage licenses
pursuant to this chapter is valid for one year. The approval
may be renewed for additional one-year periods upon payment
of provided the following conditions are met:
(a) The applicant has not violated any of
the provisions provided for in Section 531.
(b) The applicant has successfully
completed the course prescribed in Section 532.
(c) The applicant has paid the
renewal fee provided for in Section 536.
SEC. 35. Section 534 of the Family Code is amended to read:
534. (a) The county clerk shall maintain a list of the notaries
public who are approved to authorize issue
confidential marriages marriage
licenses . The list shall be available for inspection by the
public.(b) It is the responsibility of a notary public approved to
authorize issue confidential
marriages marriage licenses pursuant to this
chapter to keep current the information required in paragraphs (1),
(3), (4), and (5) of subdivision (b) of Section 531. This information
shall be used by the county clerk to update the list required to be
maintained by this section.
SEC. 36. Section 535 of the Family Code is amended to read:
535. (a) If, after an approval to authorize
issue confidential marriages
marriage licenses is granted pursuant to this chapter, it is
discovered that the notary public has engaged in any of the actions
specified in Section 8214.1 of the Government Code, the approval
shall be revoked, and any the county clerk
shall notify the Secretary of State for whatever action
the Secretary of State deems appropriate. Any fees paid by the
notary public may shall be retained by
the county clerk.(b) If a notary public who is approved to authorize
confidential marriages pursuant to this chapter is alleged to have
violated a provision of this divison division
, the county clerk shall conduct a hearing to determine if the
approval of the notary public should be suspended or revoked. The
notary public may present such evidence as is necessary in the notary
public's defense. If the county clerk determines that the notary
public has violated a provision of this division, the county clerk
may place the notary public on probation or suspend or revoke the
notary public's registration, and any fees paid by the notary public
may shall be retained by the county
clerk. The county clerk shall report the findings of the hearing to
the Secretary of State for whatever action the Secretary of State
deems appropriate.
SEC. 37. Section 536 of the Family Code is amended to read:
536. (a) The fee for an
application for approval and administration of this program, or
renewal of application for approval to authorize
issue confidential marriages
marriage licenses pursuant to this chapter is one
hundred seventy-five ____ dollars
($175) ($____) . (b) The fee for a
renewal of an approval is one hundred seventy-five dollars ($175).
(c) Fees received pursuant to this chapter shall be deposited in a
trust fund established by the county clerk. The money in the trust
fund shall be used exclusively for the administration of the program
described in this chapter.
SEC. 38. Section 100430 of the Health and Safety Code is amended
to read:
100430. (a) The fees or charges for a record search or for the
issuance of any license, permit, registration, or any other document
pursuant to Sections 26832, 26840, and 26859 of the Government Code,
or Sections 102525, 102625, 102670, 102725, 102750, 103050, 103065,
103225, 103325, 103400, 103425, 103450, 103525, 103590,
103595, 103625, 103650, 103675, 103690, 103695, 103700,
103705, 103710, 103715, 103720, 103725, 103730, and 103735 of this
code, may be adjusted annually by the percentage change determined
pursuant to Section 100425. The base amount to be adjusted shall be
the statutory base amount of the fee or charge plus the sum of the
prior adjustments to the statutory base amount. Whenever the
statutory base amount is amended, the base amount shall be the new
statutory base amount plus the sum of adjustments to the new
statutory base amount calculated subsequent to the statutory base
amendment. The actual dollar fee or charge shall be rounded to the
next highest whole dollar.
(b) Beginning January 1, 1983, the department shall annually
publish a list of the actual numerical fee charges as adjusted
pursuant to this section. This adjustment of fees and the publication
of the fee list shall not be subject to the requirements of Chapter
3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title
2 of the Government Code.
SEC. 39. Section 102130 of the Health and Safety Code is amended
to read:
102130. All certificates of registry of
marriage licenses shall be written legibly and shall be
photographically and micrographically reproducible. A
certificate of registry of marriage license is
not complete and correct that does not supply all of the items of
information called for, or satisfactorily account for their omission.
SEC. 40. Section 102140 of the Health and Safety Code is amended
to read:
102140. No alteration or change in any respect shall be made on
any marriage license or certificate after its acceptance
for registration by the local registrar, or on other records made in
pursuance of this part, except where supplemental information
required for statistical purposes is furnished.
SEC. 41. Section 102310 of the Health and Safety Code is amended
to read:
102310. The local registrar of marriages shall carefully examine
each certificate license before
acceptance for registration and, if it is incomplete or
unsatisfactory, he or she shall require any further information to be
furnished as may be necessary to make the record satisfactory before
acceptance for registration.
SEC. 42. Section 102325 of the Health and Safety Code is amended
to read:
102325. The local registrar shall number each
certificate of marriage certificate
consecutively beginning with the number one for either the first
event occurring, or first event registered in, each calendar year.
Numbering may be based on either the year that the event occurs or
the year of registration.
SEC. 43. Section 102355 of the Health and Safety Code is amended
to read:
102355. The local registrar of marriages shall transmit to the
State Registrar on or before the fifth day of each month
not less than quarterly all original
certificates of registry of marriage certificates
accepted for registration by him or her during the
preceding month . Certificates shall be batched by calendar
year of event prior to transmission. Certificates may be transmitted
at more frequent intervals by arrangement with the State Registrar.
SEC. 44. Section 103125 of the Health and Safety Code is amended
to read:
103125. The forms for the application for license to
marry, the certificate of registry of marriage including the license
to marry, and the marriage certificate
license shall be prescribed by the State Registrar.
SEC. 45. Section 103175 of the Health and Safety Code is amended
to read:
103175. The certificate of registry of
marriage license shall contain as nearly as can be
ascertained all of the following and other items as the State
Registrar may designate: The first section shall include the personal
data of parties married, including the date of birth, full given
name at birth or by court order , birthplace,
residence mailing address , names and
birthplaces of the parents, maiden name of the mothers, the number of
previous marriages, marital status, and the maiden name of the
female if previously married; the second section shall include the
signatures of parties married, license to marry, county and date of
issue of license, and the marriage license number; and the third
section shall include the certification of the
one person performing the ceremony, that shall show his or
her official position including the denomination if he or she is a
priest, minister or clergy or
clergyperson, and the printed name, signature
, and mailing address of at least one
or , and no more than two,
witnesses to the marriage ceremony. The person performing the
marriage ceremony shall also type or print his or her name and
mailing address on the certificate
marriage license . The certificate
marriage license shall not contain any reference to the race or
color of parties married.
SEC. 46. Section 103180 of the Health and Safety Code is amended
to read:
103180. (a) Sections 103150 and 103175 do not apply to marriages
entered into pursuant to Section 307 of the Family Code.
Subdivisions (b) and (c) govern the registration and the content of
the License and Certificate of Declaration of Marriage of those
marriages. (b) Each marriage entered into pursuant to Section 307 of
the Family Code shall be registered by the parties entering into the
marriage or by a witness who signed under paragraph (2) of
subdivision (a) of Section 307 within four 10
days after the ceremony with the local registrar of marriages
for the county in which the License and Certificate of Declaration of
Marriage was issued.
(c) The License and Certificate of Declaration of Marriage
entered into pursuant to Section 307 of the Family Code shall contain
as nearly as can be ascertained the following:
(1) The personal data of parties married, including the date of
birth, full name given legal names at birth
or by court order , birthplace, residence
mailing address , names and birthplaces of their parents,
maiden name of their mothers, the number of previous marriages,
marital status, and the maiden name of the female, if previously
married and if her name has been changed.
(2) The license to marry.
(3) The county and date of issuance of the license.
(4) The marriage license number.
(5) The certification of the parties entering into the marriage,
that shall show the following:
(A) The fact, time, and place of entering into the marriage.
(B) The printed name, signature , and
mailing address of two witnesses to the marriage ceremony.
(C) The religious society or denomination of the parties married,
and that the marriage was entered into in accordance with the rules
and customs of that religious society or denomination.
(6) The signatures of the parties married.
(7) Any other items that the State Registrar shall designate.
The License and Certificate of Declaration of Marriage shall not
contain any reference to the race or color of parties married or to a
person performing or solemnizing the marriage.
SEC. 47. Section 103200 of the Health and Safety Code is amended
to read:
103200. The county clerk of the court
of each county shall send a copy of every judgment of
dissolution of marriage, of legal separation, and of declaration of
nullity to the State Registrar monthly. If a judgment of dissolution
of marriage is vacated, the county clerk of
the court shall send a copy of the order or dismissal to the
State Registrar.
SEC. 48. Section 103235 of the Health and Safety Code is amended
to read:
103235. If the amendment relates to a certificate or
marriage license that has not been transmitted to the State
Registrar, the local registrar shall review the amendment for
acceptance for filing, and if accepted shall file the amendment and
shall note the fact of the amendment, with its date, on the otherwise
unaltered original certificate or marriage license .
SEC. 49. Section 103595 of the Health and Safety Code is
repealed.
103595. (a) The State Registrar shall, upon request and payment
of a fee, as provided in subdivision (c), supply to any applicant a
decorative heirloom certificate, as described in subdivision (b), of
any marriage registered with that official. (b) The decorative
heirloom certificate issued under subdivision (a) shall be of a
distinctive design as determined by the state department and shall
include the seal of the State of California and a facsimile of the
State Registrar's signature, but shall include no elected official's
signature. The certificate shall only contain identification
information, as determined by the State Registrar.
(c) The fee required for the decorative heirloom certificate
issued pursuant to this section shall be fifteen dollars ($15). The
fee shall be utilized to reimburse the state department for the
administrative costs of developing, preparing, and providing the
decorative heirloom certificate and for a public awareness and
advertising program to inform the public of the availability of the
decorative heirloom certificate. The fee shall be deposited into the
General Fund.
SEC. 50. Section 103730 of the Health and Safety Code is amended
to read:
103730. A fee of eleven dollars ($11) for each individual being
adopted shall be paid to the county clerk of
the court at the time of filing the petition in an adoption
proceeding, except for agency adoptions in which the adoption fee is
waived and a statement from the agency to this effect is filed with
the petition, and that fee shall be paid monthly by the
county clerk of the court to the State Registrar
of Vital Statistics for the services required by statute of that
office.
SEC. 51. Section 103780 of the Health and Safety Code is amended
to read:
103780. (a) Every person, except as provided in subdivision (b),
who willfully alters or knowingly possesses more than one altered
document, other than as permitted by this part, or falsifies any
certificate of birth, fetal death, or death, or
registry of marriage license , or any record
established by this part is guilty of a misdemeanor. (b) Every
licensee or registrant pursuant to Chapter 12 (commencing with
Section 7600) or Chapter 19 (commencing with Section 9600) of
Division 3 of the Business and Professions Code, and the agents and
employees of the licensee, or any unlicensed person acting in a
capacity in which a license from the Cemetery and Funeral Bureau is
required, who willfully alters or knowingly possesses more than one
altered document, other than as permitted by this part, or falsifies
any certificate of death, is guilty of a misdemeanor that shall be
punishable by imprisonment in a county jail not exceeding one year,
by a fine not exceeding ten thousand dollars ($10,000), or by both
that imprisonment and fine.
SEC. 52. Section 103785 of the Health and Safety Code is amended
to read:
103785. Every person who is required to fill out a certificate of
birth, fetal death, or death, or registry of
marriage license and register it with the local
registrar, or deliver it, upon request, to any person charged with
the duty of registering it, and who fails, neglects, or refuses to
perform such that duty in the manner
required by this part is guilty of a misdemeanor.
SEC. 53.
If the Commission on State Mandates determines that this act
contains costs mandated by the state, reimbursement to local agencies
and school districts for those costs shall be made pursuant to Part
7 (commencing with Section 17500) of Division 4 of Title 2 of the
Government Code.