BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 1102
                                                                  Page  1

          Date of Hearing:   April 27, 2005

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                   Judy Chu, Chair

                   AB 1102 (Hancock) - As Amended:  April 14, 2005 

          Policy Committee:                              Judiciary  
          Vote:6-2

          Urgency:     No                   State Mandated Local Program:   
          Yes    Reimbursable: Yes          

           SUMMARY  

          This bill makes clarifying changes regarding the issuance of  
          confidential marriage licenses and establishes procedures for  
          issuing confidential marriage licenses through notary publics.  
          Specifically, this bill: 

          1)Requires parties to appear together in person and authorizes  
            exemptions to this provision. 

          2)Requires county clerks to establish processes to authorize  
            notary publics who issue confidential marriage licenses. 

          3)Requires notary publics to complete training in order to issue  
            confidential marriage licenses. 

          4)Authorizes county clerks to suspend notary public authority to  
            issue confidential marriage licenses.

          5)Increases annual fees for notaries to issue confidential  
            marriage licenses from $175 to $400 per year. 

          6)Authorizes notaries to charge actual costs, rather than $5,  
            for replacement or duplicate confidential marriage licenses.  

           FISCAL EFFECT  

          A minor county GF increase in fee revenue of less than $130,000  
          for increasing annual notary fees from $175 to $400. These  
          revenues will be used to offset increases training requirements  
          established by this bill. According to estimates, approximately  
          750 notaries issue confidential marriage licenses in 14 counties  
          statewide. 

           COMMENTS  





                                                                  AB 1102
                                                                  Page  2


          This bill, sponsored by the California Association of Clerks and  
          Election Officials, makes technical and clarifying changes  
          regarding issuance of marriage licenses and establishes  
          procedures for issuing confidential marriage licenses through  
          notary publics.  These changes are designed to bring current law  
          into line with current practice, reduce the amount of fraud and  
          duplication in this area, and increase the oversight authority  
          of the county clerks regarding the notary publics. 

           Analysis Prepared by  :    Mary Ader / APPR. / (916) 319-2081