BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 1364|
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THIRD READING
Bill No: SB 1364
Author: Battin (R)
Amended: 5/2/06
Vote: 21
SENATE JUDICIARY COMMITTEE : 4-0, 4/25/06
AYES: Dunn, Ackerman, Escutia, Kuehl
NO VOTE RECORDED: Vacancy
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SUBJECT : Marriage licenses
SOURCE : California Judges Association
DIGEST : This bill allows an applicant or witnesses to a
marriage license or certificate of registry to use their
mailing address instead of a residential address for
verification.
ANALYSIS : Existing law requires parties to receive a
marriage license prior to entering into a marriage.
Existing law requires applicants for a marriage license to
obtain a certificate of registry of marriage from the
county clerk. The person solemnizing the marriage shall
complete the certificate along with one witness to the
marriage ceremony. The witness must place their signature
and address on the certificate. The certificate is then
returned to the county recorder.
CONTINUED
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Existing law requires a marriage license to show the
identity of the parties to the marriage, the parties' real
and full names, places of residence, and the parties' ages.
The county clerk transmits copies of issued licenses to
the county recorder.
Existing law prevents disclosure of information concerning
a confidential marriage to the public, aside from verifying
the existence of a marriage, absent a court order issued
upon a showing of good cause.
This bill allows both the marriage license applicants and
witnesses to, a certificate of registry of marriage and a
marriage license requests, the certificate of registry and
the marriage license shall show the business address or
United States Postal Service post office box for that
applicant or witness instead of the residential address of
that person.
Background
In California, many documents are public records by their
very nature. These documents include birth, death, and
marriage certificates and divorce, property and court
records. Many of these documents, including marriage
licenses, contain personally identifying information such
as names and addresses. Policy-wise, the public has a
right to know whose is born, married, divorced, subject to
a court judgment or owns a piece of property.
As an example, marriage licenses must contain the identity,
real name, residential address and age of both parties.
Prior to solemnizing the marriage, parties receive a
marriage license and a certificate of registry. The
certificate of registry must be filled out by the
individual solemnizing the marriage, along with the
signature and address of one witness. Upon completion and
filing of the certificate of registry, the county clerk may
issue a marriage certificate to the parties. The license
and certificate of registry are public documents and stay
on file with the county clerk. The public nature of that
information helps prevent simultaneous and other invalid
marriages.
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Individuals are increasingly concerned about the privacy of
their information, especially residential addresses. This
bill allows applicants and witnesses to use their mailing
address instead of residential address on marriage licenses
and certificates of registry. Similar provisions are
included in AB 1102 (Hancock), sponsored by the California
Association of Clerks and Election Officials, which is
currently in the Senate Judiciary Committee after having
passed the Assembly on an a 42-32 vote. An earlier version
of this bill removed the address requirement completely for
public safety officials as very broadly defined. Instead,
this bill provides all individuals with the opportunity to
protect their residential address by using a mailing
address as suggested by the county clerks in AB 1102.
Related legislation . AB 1102 (Hancock) revises and recasts
various provisions relating to marriage including allowing
mailing addresses on marriage licenses and certificates of
registry. This bill is pending in the Senate Judiciary
Committee.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 5/17/06)
California Judges Association (source)
California District Attorneys Association
California State Sheriffs' Association
Chief Probation Officers of California
Judicial Council of California
Los Angeles County Sheriff's Department
Peace Officers Research Association of California
ARGUMENTS IN SUPPORT : Under current law, marriage
licenses and certificates of registry require the
residential address of the applicants and witnesses. The
California Judges Association, sponsor of this bill,
contends that providing a residential address on these
documents is an unnecessary public disclosure. In a
compromise between the requirement to validate parties or
witnesses to a marriage and privacy concerns, this bill
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allows all individuals to use their mailing address
instead of residential address on marriage licenses and
certificates of registry. Thus, rather than listing their
home addresses, judges could use their court address
instead or perhaps even the mailing address for the
California Judges Association.
RJG:mel 5/17/06 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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