Today's Law As Amended

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AB-1323 Marriage licenses.(2001-2002)



SECTION 1.

 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  certificate of registry  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  certificate of registry and endorsed  license to the recorder’s office within 10 days after the ceremony.

SEC. 2.

 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  Applicants for a marriage license shall obtain from  the county clerk to obtain a marriage license. issuing the license, a certificate of registry of marriage. 
(b) The contents of the marriage license  certificate of registry  are provided in Part 1 (commencing with Section 102100) of Division 102 of the Health and Safety Code.
(c) The issued marriage license  certificate of registry shall be filled out by the applicants, in the presence of the county clerk issuing the marriage license, and  shall be presented to the person solemnizing the marriage by the parties to be married. marriage. 
(d) The person solemnizing the marriage shall complete the solemnization sections on the marriage license,  certificate of registry  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  certificate of registry the signature and address of one witness  to the marriage ceremony.
(e) The marriage license  certificate of registry  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. 3.

 Section 360 of the Family Code is amended to read:

360.
 (a) If a marriage license is lost, damaged,  certificate of registry of marriage is lost  or destroyed after the marriage ceremony, ceremony  but before it is returned to the county recorder, or deemed unacceptable for registration by the county recorder, the  the  person solemnizing the marriage, in order to comply with Section 359, shall obtain a duplicate marriage license  certificate of registry  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 shall  certificate of registry may  not be issued later than one year after the date of marriage  issuance of the original license  and shall be returned by the person solemnizing the marriage to the county recorder within one year of the date of marriage. 10 days after issuance. 
(c) The county clerk may charge a fee to cover the actual costs of issuing a duplicate marriage license. fee for issuing the duplicate marriage license and certificate of registry is five dollars ($5). 
(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. 4.

 Section 423 of the Family Code is amended to read:

423.
 The person solemnizing the marriage shall return the marriage license, endorsed as required in Section 422, to the county recorder of the county in which the license was issued within 10 days after the ceremony.

SEC. 5.

 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 certificate  shall be completed by the  filled out by the parties to the marriage and authenticated by the  person solemnizing the marriage.
(c) The confidential marriage license  certificate  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. 6.

 Section 507 of the Family Code is repealed.

SEC. 7.

 Section 508 of the Family Code is amended to read:

508.
 Upon issuance of a confidential marriage license, certificate,  parties shall be provided with an application to obtain a certified copy of the confidential marriage certificate from the county clerk.

SEC. 8.

 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 by submitting an application that satisfies the requirements of Chapter 14 (commencing with Section 103525) of Part 1 of Division 102 of the Health and Safety Code. 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 proper identification, obtaining a certificate attesting to the party’s identity from the notary public or county clerk, and transmitting 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 the  payment of the a  fee equivalent to that charged for copies of a marriage certificate. certificate of marriage. 

SEC. 9.

 Section 510 of the Family Code is amended to read:

510.
 (a) If a confidential marriage license certificate  is lost, damaged, or destroyed after the performance of the marriage, but marriage and  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. returned, the county clerk may issue a replacement upon the payment of a fee of five dollars ($5). 
(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. 10 days after issuance. 
(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. 10.

 Section 531 of the Family Code is amended to read:

531.
 (a) An application for approval to authorize confidential marriages pursuant to this part shall be submitted to the county clerk in the county in which the notary public who is applying for the approval resides. The county clerk shall exercise reasonable discretion as to whether to approve applications.
(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. authorizations for the performance of a marriage. 
(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. 11.

 Section 360 of the Penal Code is amended to read:

360.
 Every person authorized to solemnize any marriage, who solemnizes a marriage without first being presented with the marriage license, as required by Section 421 of the Family Code; or who solemnizes a marriage pursuant to Part 4 (commencing with Section 500) of Division 3 of the Family Code without the authorization required by that part; or who willfully makes a false return of any marriage or pretended marriage to the recorder or clerk and every person who willfully makes a false record of any marriage return, is guilty of a misdemeanor.