SB 489

Bill Subjects

Abstract

Existing law requires parties, before entering a marriage or declaring a marriage, as specified, to first obtain a marriage license from the county clerk. Existing law requires the licensure and solemnization for both a public or confidential marriage before a marriage certificate may be issued. Existing law sets the fees for public and confidential marriage licenses and requires an additional $23 fee to be collected by the county clerk for deposit into the county domestic violence shelter-based programs special fund. Existing law also requires specified county boards of supervisors to direct county clerks and county recorders to deposit fees into a special fund to be used for various activities, such as domestic violence prevention. Existing law imposes duties on county clerks and county recorders with respect to public and confidential marriage licenses and certificates. This bill would authorize a city to elect to issue and register public and confidential marriage licenses and issue public and confidential marriage certificates, subject to specified requirements. The bill would, among other things, require a city official to comply with all laws governing the issuance and registration of public and confidential marriage licenses and the issuance of public and confidential marriage certificates. This bill would also authorize a city official who issues marriage licenses to collect an additional $23 fee for the support of county domestic violence shelter-based programs. The bill would require the city official to deposit that fee into the special fund, as described above, and to comply with the direction from county boards of supervisors to deposit fees, as specified. The bill would also make conforming changes. Existing law requires the State Department of Public Health to prepare and publish a brochure containing, among other information, information concerning the possibilities of genetic defects and diseases and information concerning options for changing a name upon solemnization of marriage, as specified. Existing law requires the State Department of Public Health to make the brochures available to county clerks to distribute a copy of the brochure to each applicant for a marriage license. The bill would require the State Department of Public Health to also make the brochure available to city officials. Existing law does not require a particular form for the ceremony to solemnize a marriage, but requires the parties to declare, in the physical presence of the person solemnizing their marriage and necessary witnesses, that they take each other as spouses. Existing law requires the person solemnizing the marriage to return the endorsed marriage license to the county recorder of the county in which the license was issued within 10 days after the ceremony. Existing law requires the county clerk to notify licenseholders of the obligation of the person solemnizing their marriage to return the marriage license to the county recorder's office within 10 days after the ceremony. This bill would require, for a marriage license issued by a city official, the person solemnizing a marriage to return the endorsed marriage license to the city official who issued the license within 10 days after the ceremony and would require a city official who issues marriage licenses to notify 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. Existing law requires the county recorder to perform all the duties of the local registrar of marriages, including, among other things, examining marriage licenses before accepting them for registration, numbering each marriage certificate they issue, as specified, transmitting all marriage certificates they issued to the State Registrar, and submitting specific information to the State Registrar. This bill would instead require the county recorder to perform those duties only with respect to the marriage licenses returned to them for registration. The bill would require a city official who issues marriage certificates to register marriage licenses they issued that were returned to them and to perform the duties of a local registrar of marriages with respect to those marriage licenses. Under existing law, every person who willfully makes a false record of a marriage return, including a county recorder and a county clerk, is guilty of a misdemeanor. This bill would also make it a misdemeanor for a city official to willfully make a false record of a marriage return. By expanding the application of an existing crime to city officials, 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.