BILL NUMBER: AB 1102 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 8, 2005
AMENDED IN ASSEMBLY MAY 2, 2005
AMENDED IN ASSEMBLY APRIL 14, 2005
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, 502, 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, to add Section 426 to, and to repeal Sections 353 and
424 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 amended, 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
operative January 1, 2007 , revise and recast those provisions
and related terms. The Among other things, the
bill would conform various statutory provisions of law to
those changes. The bill would further regulate the issuance of
confidential marriage licenses based upon an inability of the parties
to appear, as specified, and would make related changes with regard
to notaries public 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
notaries public for approval to issue confidential marriage licenses
to $400 $300 .
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 no reimbursement is required by this
act for a specified reason.
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, 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 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 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 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 sign and endorse on 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 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 Non-Clergy Marriage, endorsed
pursuant to subdivision (a), is returned to the county recorder of
the county in which the license was issued within 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
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' full given names at birth or by court order, and
mailing addresses.
(c) The parties' dates of birth.
SEC. 9. Section 353 of the Family Code is repealed.
SEC. 10. Section 354 of the Family Code is amended to read:
354.
(a) Each applicant for a marriage license 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 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 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 marriage license shall include an affidavit, 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.
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 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
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 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 immunodeficiency 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 notaries public
receiving a confidential marriage license pursuant to Section 503.
(c) Each notary public 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) Except as provided in Sections 420 and 426, applicants to be
married shall first appear together in person before the county clerk
to obtain a marriage license.
(b) The contents of the marriage license are provided in Part 1
(commencing with Section 102100) of Division 102 of the Health and
Safety Code.
(c) The issued marriage license shall be presented to the person
solemnizing the marriage by the parties to be married.
(d) The person solemnizing the marriage shall complete the
solemnization sections on the marriage license, and shall cause to be
entered on the marriage license the printed name, signature, and
mailing address of at least one, and no more than two, witnesses to
the marriage ceremony.
(e) The 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 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 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 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
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. 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, 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 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.
(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, sign and 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 mailing addresses of at
least one, 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 other authorized person of any religious denomination.
(d) The person solemnizing the marriage shall also type or print
his or her name and mailing address.
SEC. 19. Section 424 of the Family Code is repealed.
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 426 is added to the Family Code, to read:
426.
If for sufficient reason, as described in subdivision (d), either
or both of the parties to be married are physically unable to appear
in person before the county clerk, a marriage license may be issued
by the county clerk to the person solemnizing the marriage if the
following requirements are met:
(a) The person solemnizing the marriage physically presents an
affidavit to the county clerk explaining the reason for the inability
to appear.
(b) The affidavit is signed under penalty of perjury by the person
solemnizing the marriage and by both parties.
(c) The signature of any party to be married who is unable to
appear in person before the county clerk is authenticated by a notary
public or a court prior to the county clerk issuing the marriage
license.
(d) Sufficient reason includes proof of hospitalization,
incarceration, or any other reason proved to the satisfaction of the
county clerk.
SEC. 22. Section 500 of the Family Code is amended to read:
500.
(a) An unmarried man and an unmarried woman, not minors, 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.
(b) For purposes of this part, the document issued by the county
clerk is a marriage license until it is registered with the county
clerk, at which time the license becomes a marriage certificate.
SEC. 23. Section 501 of the Family Code is amended to read:
501.
Except as provided in Section 502, 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. 24. Section 502 of the Family Code is amended to read:
502.
If for sufficient reason, as described in subdivision (d), either
or both of the parties to be married are physically unable to appear
in person before the county clerk, a confidential marriage license
may be issued by the county clerk to the person solemnizing the
marriage if the following requirements are met:
(a) The person solemnizing the marriage physically presents an
affidavit to the county clerk explaining the reason for the inability
to appear.
(b) The affidavit is signed under penalty of perjury by the person
solemnizing the marriage and by both parties.
(c) The signature of any party to be married who is unable to
appear in person before the county clerk is authenticated by a notary
public or a court prior to the county clerk issuing the confidential
marriage license.
(d) Sufficient reason includes proof of hospitalization,
incarceration, or any other reason proved to the satisfaction of the
county clerk.
SEC. 25. 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 issue
confidential 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 issues a confidential
marriage license for the amount of the fees.
SEC. 26. 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 an affidavit, which the bride and groom
shall sign, affirming that they have received the brochure provided
for in Section 358.
SEC. 27. 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 license shall be completed by the person
solemnizing the marriage.
(c) The 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. 28. Section 508 of the Family Code is amended to read:
508.
Upon issuance of a confidential marriage license, parties shall be
provided with an application to obtain a certified copy of the
confidential marriage certificate from the county clerk.
SEC. 29. 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
valid photo identification, obtaining a certificate attesting to the
party's identity from the notary public or county clerk, and 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 payment of the fee equivalent to
that charged for copies of a marriage certificate.
SEC. 30. Section 510 of the Family Code is amended to read:
510.
(a) If a confidential marriage license is lost, damaged, or
destroyed after the performance of the marriage, but before it is
returned to the county clerk, 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 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. 31. 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 reproduce the certificates pursuant to
Section 26205 of the Government Code, and dispose of the original
certificates. 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.
SEC. 32. Section 530 of the Family Code is amended to read:
530.
(a) No notary public shall issue a confidential marriage license
pursuant to this part unless the notary public is approved by the
county clerk to issue confidential marriage licenses 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. 33. Section 531 of the Family Code is amended to read:
531.
(a) If the county clerk chooses to accept applications authorizing
a notary public to issue confidential marriage licenses, the county
clerk shall establish a policy that outlines the requirements for
filing the application and maintaining the registration. The notary
public shall file an application for approval to issue confidential
marriage licenses pursuant to this part 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 confidential marriage licenses.
(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. 34. 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
issuance of confidential marriage licenses that was conducted by the
county clerk in the county of registration. The course of instruction
shall be given by the county clerk at a date and time set forth in
the policy established by the county clerk. The county clerk shall
exercise reasonable judgment in scheduling the length of the training
course.
SEC. 35. Section 533 of the Family Code is amended to read:
533.
An approval to issue confidential marriage licenses pursuant to
this chapter is valid for one year. The approval may be renewed for
additional one-year periods 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. 36. 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 issue confidential marriage licenses. The list
shall be available for
inspection by the public.
(b) It is the responsibility of a notary public approved to issue
confidential 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. 37. Section 535 of the Family Code is amended to read:
535.
(a) If, after an approval to issue confidential 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 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 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 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 any 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 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. 38. Section 536 of the Family Code is amended to read:
536.
The fee for an application for approval and administration of this
program, or renewal of application for approval to issue
confidential marriage licenses pursuant to this chapter is
four three hundred dollars ($400)
($300) .
SEC. 39. 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, 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. 40. Section 102130 of the Health and Safety Code is amended
to read:
102130.
All marriage licenses shall be written legibly and shall be
photographically and micrographically reproducible. A 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. 41. 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. 42. Section 102310 of the Health and Safety Code is amended
to read:
102310.
The local registrar of marriages shall carefully examine each
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. 43. Section 102325 of the Health and Safety Code is amended
to read:
102325.
The local registrar shall number each 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. 44. Section 102355 of the Health and Safety Code is amended
to read:
102355.
The local registrar of marriages shall transmit to the State
Registrar not less than quarterly all original marriage certificates
accepted for registration by him or her during the preceding quarter.
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. 45. Section 103125 of the Health and Safety Code is amended
to read:
103125.
The forms for the marriage license shall be prescribed by the
State Registrar.
SEC. 46. Section 103175 of the Health and Safety Code is amended
to read:
103175.
(a) The marriage license shall contain as
nearly as can be ascertained all of the following and other items as
the State Registrar may designate: The
(1) 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,
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
.
(2) 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 .
(3) The third section shall
include the certification of one person performing the ceremony, that
shall show his or her official position including the denomination
if he or she is a clergy or clergyperson, and the printed name,
signature, and mailing address of at least one, 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 marriage license. The
(b) The marriage license shall
not contain any reference to the race or color of parties married.
SEC. 47. 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 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 given legal names at birth or by court order, birthplace,
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. 48. Section 103200 of the Health and Safety Code is amended
to read:
103200.
The 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 clerk of the court shall
send a copy of the order or dismissal to the State Registrar.
SEC. 49. 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. 50. Section 103595 of the Health and Safety Code is repealed.
SEC. 51. 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 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 clerk of the court to the State Registrar of Vital
Statistics for the services required by statute of that office.
SEC. 52. 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 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. 53. 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 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 that duty in the manner required by this part is guilty of
a misdemeanor.
SEC. 54.
No reimbursement is required by this act pursuant to Section 6 of
Article XIII B of the California Constitution because a local agency
or school district has the authority to levy service charges, fees,
or assessments sufficient to pay for the program or level of service
mandated by this act, within the meaning of Section 17556 of the
Government Code.
SEC. 55.
The provisions of this act shall become operative on January 1,
2007.