BILL NUMBER: SB 1364 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 18, 2006
AMENDED IN SENATE APRIL 5, 2006
INTRODUCED BY Senator Battin
FEBRUARY 21, 2006
An act to add Section 351.5 to the Family Code, relating to
marriage licenses.
LEGISLATIVE COUNSEL'S DIGEST
SB 1364, as amended, Battin Marriage licenses: public safety
officials and peace officers .
Existing law provides for the issuance of certificates of
registry of marriage and marriage licenses , and
imposes duties on county clerks in that regard, as specified.
Existing law requires that a certificate of registry and a
marriage license show the identity of the parties to the marriage,
the parties' real and full names, places of residence, and ages, and
one or more witness attestations and the witnesses' name and place of
residence.
This bill would except from the requirement that a
certificate of registry and a marriage license show the parties'
or witnesses' places of residence, upon request by an applicant or
witness who is a public safety official, as defined , or is a
parole or probation officer . Upon that request, the bill would
require the county clerk to require reasonable documentation that
the applicant or witness is a public safety official or a parole
or probation officer . By adding to the duties of county
employees in that regard, the 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 351.5 is added to the Family Code, to read:
351.5. (a) Notwithstanding subdivision (b) of Section 351 or
359 of this code, or Section 103175 of the Health and Safety Code
, if either of the applicants for ,
for, or any witness to, a certificate of registry of
marriage and a marriage license is a public safety official, as
defined in Section 6254.24 of the Government Code, or a
parole or probation officer, as described in Section 830.
5 of the Penal Code, at the request of that applicant or
witness, the certificate of registry and the license shall
not show the places of residence of the parties or that witness.
(b) A county clerk shall require reasonable documentation that the
applicant or witness is a public safety official , or a parole
or probation officer, whenever an applicant requests that a
certificate of registry and license be issued, or a
witness is required to attest to a the
certificate of registry and license, pursuant to subdivision
(a).
SEC. 2. 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.