Bill Text: CA SB489 | 2023-2024 | Regular Session | Amended
Bill Title: Marriage licenses and certificates.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2024-02-01 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB489 Detail]
Download: California-2023-SB489-Amended.html
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Amended
IN
Senate
April 12, 2023 |
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Amended
IN
Senate
March 20, 2023 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Senate Bill
No. 489
| Introduced by Senator Wilk |
February 14, 2023 |
An act to amend Sections 300, 302, 303, 306, 306.5, 350, 354, 357, 358, 359, 360, 421, 423, 426, 500.5, 501, 502, 503, 504, 506, 510, 511, 550, 552, 554, 556, 558, and 560 and 511 of, and to add Part 6 (Commencing with Section 570) to Division 3 of, the Family Code, to amend Sections 26840, 26840.1, 26840.3, and 26840.7 of the Government Code, to amend Sections 102225, 102285, 102310, 102325, 102355, 102356, 103235, 103426, 103431, 103435, and 103443 of the Health and Safety Code, to amend Section 360 of the Penal Code, and to amend Sections 18293, 18305, 18308, 18309, and 18309.5 of the Welfare and Institutions Code, relating to marriage.
LEGISLATIVE COUNSEL'S DIGEST
SB 489, as amended, Wilk.
Marriage licenses and certificates.
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, as specified. The bill would 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.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 300 of the Family Code is amended to read:300.
(a) Marriage is a personal relation arising from a civil contract between two persons, to which the consent of the parties capable of making that contract is necessary. Consent alone does not constitute marriage. Consent must be followed by the issuance of a license and solemnization as authorized by this division, except as provided by Section 425 and Part 4 (commencing with Section 500).(b) For purposes of this part, the document issued by the county clerk or city official is a marriage license until it is registered with the county recorder or city official, at which time the license becomes a marriage certificate.
SEC. 2.
Section 302 of the Family Code is amended to read:302.
(a) An unmarried person under 18 years of age may be issued a marriage license upon obtaining a court order granting permission to the underage person or persons to marry in accordance with the requirements described in Section 304.(b) The court order and written consent of at least one of the parents or the guardian of an underage person shall be filed with the clerk of the court, and a certified copy of the order shall be presented to the county clerk or city official at the time the marriage license is issued.
SEC. 3.
Section 303 of the Family Code is amended to read:303.
If it appears to the satisfaction of the court by application of a minor that the minor requires a written consent to marry and that the minor has no parent or has no parent capable of consenting, the court may make an order consenting to the issuance of a marriage license and granting permission to the minor to marry in accordance with the requirements described in Section 304. The order shall be filed with the clerk of the court and a certified copy of the order shall be presented to the county clerk or city official at the time the marriage license is issued.SEC. 4.
Section 306 of the Family Code is amended to read:306.
Except as provided in Section 307, a marriage shall be licensed, solemnized, and authenticated, and the authenticated marriage license shall be returned to the county recorder of the county where the marriage license was issued or the city official who issued the license as provided in this part. Noncompliance with this part by a nonparty to the marriage does not invalidate the marriage.SEC. 5.
Section 306.5 of the Family Code is amended to read:306.5.
(a) Parties to a marriage shall not be required to have the same name. Neither party shall be required to change their name. A person’s name shall not change upon marriage unless that person elects to change their name pursuant to subdivision (b).(b) (1) One party or both parties to a marriage may elect to change the middle or last names, or both, by which that party wishes to be known after solemnization of the marriage by entering the new name in the spaces provided on the marriage license application without intent to defraud.
(2) A person may adopt any of the following last names pursuant to
paragraph (1):
(A) The current last name of the other spouse.
(B) The last name of either spouse given at birth.
(C) A name combining into a single last name all or a segment of the current last name or the last name of either spouse given at birth.
(D) A combination of last names.
(3) A person may adopt any of the following middle names pursuant to paragraph (1):
(A) The current last name of either spouse.
(B) The last name of either spouse given at birth.
(C) A combination of the current middle name and the current last name of the person or spouse.
(D) A combination of the current middle name and the last name given at birth of the person or spouse.
(4) (A) An election by a person to change their name pursuant to paragraph (1) shall serve as a record of the name change. A certified copy of a marriage certificate containing the new name, or retaining the former name, shall constitute proof that the use of the new name or retention of the former name is lawful.
(B) A certified copy of a marriage certificate shall be accepted as identification establishing a true, full name for purposes of Section
12800.7 of the Vehicle Code.
(C) This section does not prohibit the Department of Motor Vehicles from accepting as identification other documents establishing a true, full name for purposes of Section 12800.7 of the Vehicle Code. Those documents may include, without limitation, a certified copy of a marriage certificate recording a marriage outside of this state.
(D) This section shall be applied in a manner consistent with the requirements of Sections 1653.5 and 12801 of the Vehicle Code.
(5) The adoption of a new name, or the choice not to adopt a new name, by means of a marriage license application pursuant to paragraph (1) shall only be made at the time the marriage license is issued. After a marriage
certificate is registered by the local registrar, the certificate shall not be amended to add a new name or change the name adopted pursuant to paragraph (1). An amendment may be issued to correct a clerical error in the new name fields on the marriage license. In this instance, the amendment shall be signed by one of the parties to the marriage and the county clerk, a deputy clerk, or a city official, and the reason for the amendment shall be stated as correcting a clerical error. A clerical error as used in this part is an error made by the county clerk, a deputy clerk, a city official, or a notary authorized to issue confidential marriage licenses, whereby the information shown in the new name field does not match the information shown on the marriage license application. This requirement does not abrogate the right of either party to adopt a different name through usage at a future date or to petition
the superior court for a change of name pursuant to Title 8 (commencing with Section 1275) of Part 3 of the Code of Civil Procedure.
(c) This section does not abrogate the common law right of a person to change their name or the right of a person to petition the superior court for a change of name pursuant to Title 8 (commencing with Section 1275) of Part 3 of the Code of Civil Procedure.
SEC. 6.
Section 350 of the Family Code is amended to read:350.
(a) Before entering a marriage, or declaring a marriage pursuant to Section 425, the parties shall first obtain a marriage license from a county clerk or city official.(b) If a marriage is to be entered into pursuant to subdivision (b) of Section 420, the attorney-in-fact shall appear before the county clerk or city official, as prescribed in subdivision (a), on behalf of the party who is
overseas.
SEC. 7.
Section 354 of the Family Code is amended to read:354.
(a) Each applicant for a marriage license shall present authentic photo identification acceptable to the county clerk or city official as to name and date of birth. A credible witness affidavit or affidavits may be used in lieu of authentic photo identification.(b) For the purpose of ascertaining the facts mentioned or required in this part, if the county clerk or city official deems it necessary, the county clerk or city official may examine the applicants for a marriage license on oath at the time of the application. The county clerk or city official shall reduce the examination to writing, and the applicants shall sign it.
(c) If necessary, the county clerk or city official may request additional documentary proof as to the accuracy of the facts stated.
(d) Applicants for a marriage license shall not be required to state, for any purpose, their race or color.
(e) If a marriage is to be entered into pursuant to subdivision (b) of Section 420, the attorney in fact shall comply with the requirements of this section on behalf of the applicant who is overseas, if necessary.
SEC. 8.
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 or city official shall notify licenseholders whose marriage license 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 or city official shall notify the licenseholders of the obligation of the person solemnizing their marriage to return the marriage license to the
county recorder’s office or the city official within 10 days after the ceremony.
SEC. 9.
Section 358 of the Family Code is amended to read:358.
(a) The State Department of Public Health shall prepare and publish a brochure that shall contain the following:(1) Information concerning the possibilities of genetic defects and diseases and a list of centers available for the testing and treatment of genetic defects and diseases.
(2) Information concerning acquired immunodeficiency syndrome (AIDS) and the availability of testing for antibodies to the probable causative agent of AIDS.
(3) Information concerning domestic violence, including resources available to victims of
domestic violence and a statement that physical, emotional, psychological, and sexual abuse, and assault and battery, are against the law.
(4) Information concerning options for changing a name upon solemnization of marriage pursuant to Section 306.5, or upon registration of a domestic partnership pursuant to Section 298.6. That information shall include a notice that the recording of a change in name or the absence of a change in name on a marriage license application and certificate pursuant to Section 306.5 may not be amended once the marriage license is issued, but that options to adopt a change in name in the future through usage, common law, or petitioning the superior court are preserved, as set forth in Section 306.5.
(b) The State Department of Public Health shall make
the brochures available to county clerks and city officials who shall distribute a copy of the brochure to each applicant for a marriage license, including applicants for a confidential marriage license and notaries public receiving a confidential marriage license pursuant to Section 503. The department shall also make the brochure available to the Secretary of State, who shall distribute a copy of the brochure to persons who qualify as domestic partners pursuant to Section 297 and shall make the brochure available electronically on the internet website of the Secretary of State.
(c) The department shall prepare a lesbian, gay, bisexual, and transgender specific domestic abuse brochure and make the brochure available to the Secretary of State who shall print and make available the brochure, as funding allows, pursuant to Section 298.5.
(d) A notary public issuing a confidential marriage license under Section 503 shall distribute a copy of the brochure to the applicants for a confidential marriage license.
(e) To the extent possible, the State Department of Public Health shall seek to combine in a single brochure all statutorily required information for marriage license applicants.
SEC. 10.
Section 359 of the Family Code, as added by Section 2 of Chapter 620 of the Statutes of 2021, 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 the county clerk or city official to obtain a marriage license.(b) The contents of the marriage license are provided in Part 1 (commencing with Section 102100) of Division 102 of the Health and Safety Code.
(c) The issued marriage license shall be presented to the person solemnizing the marriage by the parties to be married.
(d) The person solemnizing the marriage shall complete the solemnization sections on the marriage license 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 to the marriage ceremony.
(e) The marriage license shall be returned by the person solemnizing the marriage to the county recorder of the county in which the license was issued or city official who issued the license 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.
(g) This section shall become operative on January 1, 2024.
SEC. 11.
Section 360 of the Family Code is amended to read:360.
(a) If a marriage license is lost, damaged, or destroyed after the marriage ceremony but before it is returned to the county recorder or city official, or is deemed unacceptable for registration by the county recorder or city official, the person solemnizing the marriage, in order to comply with Section 359, 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 or the city official who issued the license.(b) The duplicate marriage license shall not be issued later than one year after the date of marriage and shall be returned by the person solemnizing the marriage to the county
recorder or city official within one year of the date of marriage.
(c) The county clerk or city official 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. 12.
Section 421 of the Family Code is amended to read:421.
(a) Before solemnizing a marriage, the person solemnizing the marriage shall require the presentation of the marriage license.(b) (1) If the person solemnizing the marriage has reason to doubt the correctness of the statement of facts in the marriage license, the person must be satisfied as to the correctness of the statement of facts before solemnizing the marriage.
(2) For this purpose, the person may administer oaths and examine the parties and witnesses in the same manner as the county clerk or city official does before issuing the
license.
SEC. 13.
Section 423 of the Family Code is amended to read:423.
(a) 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 or the city official who issued the license within 10 days after the ceremony.(b) For purposes of Section 102356 of the Health and Safety Code, the person solemnizing the marriage shall include with the marriage license described in subdivision (a) a copy of the court order granting permission to marry described in Section 304 if one or both of the parties to the marriage were minors at the time of solemnization of the marriage.
SEC. 14.
Section 426 of the Family Code is amended to read:426.
If, for sufficient reason, as described in subdivision (d), either or both of the parties to be married are physically unable to appear in person before the county clerk or city official, a marriage license may be issued by the county clerk or city official to the person solemnizing the marriage if all of the following requirements are met:(a) The person solemnizing the marriage physically presents an affidavit to the county clerk or city official explaining the reason for the inability to appear.
(b) The affidavit is signed under penalty of perjury by the person solemnizing the marriage and by both
parties.
(c) The signature of a party to be married who is unable to appear in person before the county clerk or city official is authenticated by a notary public or a court prior to the county clerk or city official issuing the marriage license.
(d) Sufficient reason includes proof of hospitalization, incarceration, or another reason proved to the satisfaction of the county clerk or city official.
SEC. 15.
Section 500.5 of the Family Code is amended to read:500.5.
For purposes of this part, the document issued by the county clerk or city official is a marriage license until it is registered with the county clerk or city official, at which time the license becomes a marriage certificate.SEC. 16.
Section 501 of the Family Code, as added by Section 4 of Chapter 620 of the Statutes of 2021, is amended to read:501.
(a) Except as provided in Section 502, a confidential marriage license shall be issued by the county clerk or city official upon the personal appearance together of the parties to be married and their payment of the fees required by Sections 26840.1 and 26840.8 of the Government Code and any fee imposed pursuant to the authorization of Section 26840.3 of the Government Code.(b) This section shall become operative on January 1, 2024.
SEC. 17.
Section 502 of the Family Code is amended to read:502.
If, for sufficient reason, as described in subdivision (d), either or both of the parties to be married are physically unable to appear in person before the county clerk or city official, a confidential marriage license may be issued by the county clerk or city official to the person solemnizing the marriage if all of the following requirements are met:(a) The person solemnizing the marriage physically presents an affidavit to the county clerk or city official explaining the reason for the inability to appear.
(b) The affidavit is signed under penalty of perjury by the person solemnizing the marriage and by
both parties.
(c) The signature of a party to be married who is unable to appear in person before the county clerk or city official is authenticated by a notary public or a court prior to the county clerk or city official issuing the confidential marriage license.
(d) Sufficient reason includes proof of hospitalization, incarceration, or another reason proved to the satisfaction of the county clerk or city official.
SEC. 18.
Section 503 of the Family Code is amended to read:503.
The county clerk or city official shall issue a confidential marriage license upon the request of a notary public approved by the county clerk to issue confidential marriage licenses pursuant to Chapter 2 (commencing with Section 530) and upon payment by the notary public of the fees specified in Sections 26840.1 and 26840.8 of the Government Code. The parties shall reimburse a notary public who issues a confidential marriage license for the amount of the fees.SEC. 19.
Section 504 of the Family Code is amended to read:504.
A confidential marriage license is valid only for a period of 90 days after its issuance by the county clerk or city official.SEC. 20.
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 shall be completed by the person solemnizing the marriage.
(c) The confidential marriage license 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 or the city official who issued the license within 10 days after the ceremony.
SEC. 21.
Section 510 of the Family Code is amended to read:510.
(a) If a confidential marriage license is lost, damaged, or destroyed after the performance of the marriage but before it is returned to the county clerk or city official, or is deemed unacceptable for registration by the county clerk or city official, 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 or the city clerk who issued the license.(b) The duplicate license may not be issued later than one year after the date of the marriage and shall be returned by the person solemnizing the marriage to the
county clerk or city official within one year of the date of the marriage.
(c) The county clerk or city official 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. 22.
Section 511 of the Family Code is amended to read:511.
(a) Except as provided in subdivision (b), the county clerk or city official shall maintain confidential marriage certificates filed pursuant to Section 506 as permanent records that shall not be open to public inspection except upon order of the court issued upon a showing of good cause. The confidential marriage license is a confidential record and not open to public inspection without an order from the court.(b) The county clerk or city official shall keep all original certificates of confidential marriages for one year from the date of filing. After one year, the county clerk or city official may reproduce the certificates pursuant to Section
26205 of the Government Code and dispose of the original certificates. The county clerk or city official shall promptly seal and store at least one original negative of each microphotographic film made in a manner and place as reasonable to ensure its preservation indefinitely against loss, theft, defacement, or destruction. The microphotograph shall be made in a manner that complies with the minimum standards or guidelines, or both, recommended by the American National Standards Institute or the Association for Information and Image Management. Every reproduction shall be deemed and considered an original. A certified copy of a reproduction shall be deemed and considered a certified copy of the original.
(c) The county clerk or city official may conduct a search for a confidential marriage certificate for the purpose of confirming the
existence of a marriage, but the date of the marriage and other information contained in the certificate shall not be disclosed except upon order of the court.
(d) The county clerk or city official shall, not less than quarterly, transmit copies of all original confidential marriage certificates retained, or originals of reproduced confidential marriage certificates filed after January 1, 1982, to the State Registrar of Vital Statistics. The registrar may destroy the copies so transmitted after they have been indexed. The registrar may respond to an inquiry as to the existence of a marriage performed pursuant to this chapter but shall not disclose the date of the marriage.
(a)Notwithstanding any other law, including, but not limited to, Section 420, a county clerk may issue a marriage license, including a confidential marriage license, or solemnize or witness a marriage ceremony under state law using remote technology pursuant to this part, except for a marriage of a minor, as set forth in Sections 302 to 304, inclusive, or any successor provisions.
(b)Notwithstanding any other law, including, but not limited to, Section 420, a city official may issue a marriage license, including a confidential marriage license, under state law using remote
technology pursuant to this part, except for a marriage of a minor, as set forth in Sections 302 to 304, inclusive, or any successor provisions.
(a)A couple seeking a marriage license or solemnization pursuant to this part shall present, in the manner requested by the county clerk, a copy of a valid government-issued photo identification to verify their identity and any additional documentary proof requested by the county clerk.
(b)A couple seeking a marriage license from a city official pursuant to this part shall present, in the manner requested by the city official, a copy of a valid government-issued photo identification to verify their identity and any additional documentary proof requested by the city
official.
(a)Each member of the couple shall be physically located in the State of California while using remote technology to obtain a marriage license pursuant to this part.
(b)(1)Each member of the couple shall be in the same physical location in the State of California while using remote technology to solemnize their marriage pursuant to this part.
(2)The person solemnizing the marriage, any necessary witnesses, and the county clerk or city official shall all be physically located in the State of California but may be at separate physical locations from each other and the couple solemnizing their marriage.
(c)The county clerk or city official may require a couple to complete an affidavit, in a form provided by the county clerk or city official, affirming that they and each individual participating in a marriage solemnization using remote technology are physically present within the State of California in compliance with this part.
(a)At the discretion of the county clerk or city official, a couple applying for a marriage license using remote technology may sign their marriage license electronically or by original wet signature. The couple shall transmit a signed, legible copy of their marriage license by United States mail, fax, or electronic means directly to the county clerk or city official in the manner required by the county
clerk or city official.
(b)At the discretion of the county clerk or city official, a marriage license issued using the procedure described in this part may be transmitted to the applicants by United States mail, fax, or electronic means.
(c)Before the solemnization of a marriage pursuant to this part, one or both of the parties to be married shall transmit the marriage license by United States mail, fax, or electronic means to the person solemnizing the marriage and any necessary
witnesses in the manner required by the county
clerk or city official.
(d)At the discretion of the county clerk or city official, the person solemnizing the marriage or any necessary witnesses may sign the marriage license electronically or by original wet signature and transmit the signed marriage license by United States mail, fax, or electronic means, in the manner required by the county clerk or city official.
(e)A county clerk
or city official who witnesses a marriage solemnized by someone other than the county clerk using remote technology may apply an electronic signature to the marriage license as a witness, and transmit the signed license to the person solemnizing the marriage by United States mail, fax, or electronic means.
A county clerk or city official may provide guidance relating to marriage license applications, marriage license issuance, and the witnessing or solemnizing of the marriage ceremony when the guidance relates to the use of their remote technology pursuant to this part.
For purposes of this part, “remote technology” means audiovideo technology that is provided by a county clerk or city official and allows the couple, or the couple and others participating in a marriage solemnization, as applicable, to appear together from the same physical location and directly interact with each other and the county clerk or city official.
SEC. 29.SEC. 23.
Part 6 (commencing with Section 570) is added to Division 3 of the Family Code, to read:PART 6. City Officials
570.
(b)A city that elects to issue a marriage license, as authorized in subdivision (a), shall designate a city official to issue marriage licenses.
(c)A city official who issues a marriage license, as authorized in subdivision (a), shall comply with all laws
governing the issuance of a marriage license.
(a)A city may issue a confidential marriage license to parties who satisfy all requirements to obtain a confidential marriage license contained in this part and in any other law.
(b)A city that elects to issue a confidential marriage license, as authorized in subdivision (a), shall designate a city official to issue confidential marriage licenses.
(c)A city official who issues a confidential marriage license, as authorized in subdivision (a), shall comply with all laws governing the issuance of a confidential marriage license.
(a)A city may register a marriage license that it has issued, as authorized in subdivision (a) of Section 570, and issue a marriage certificate to the parties as described in this part.
(b)A city that elects to register a marriage license or issue a marriage certificate, as authorized in subdivision (a), shall designate a city official to register marriage licenses and issue marriage certificates.
(c)A city official who registers a marriage license or issues a marriage certificate, as authorized in subdivision (a), shall comply with all laws governing the registration of a marriage license and the
issuance of a marriage certificate.
(a)A city may register a confidential marriage license that it has issued, as authorized in subdivision (a) of Section 570.5, and issue a marriage certificate to the parties as described in this part.
(b)A city that elects to register a confidential marriage license or issue a confidential marriage certificate, as authorized in subdivision (a), shall designate a city official to register marriage licenses and issue marriage certificates
(c)A city official who registers a confidential marriage license or issues a confidential marriage certificate, as authorized in subdivision (a), shall comply with all
laws governing the registration of a confidential marriage license and the issuance of a confidential marriage certificate.
571.
(a) A city that elects to issue marriage licenses and confidential marriage licenses shall designate a city official to do both of the following:(1) Issue marriage licenses and confidential marriage licenses.
(2) Register marriage licenses and confidential marriage licenses.
(3) Issue marriage certificates and confidential marriage certificates.
(b) (1) The city may designate a single city official to accomplish some or all of the tasks set forth in paragraphs (1) and (2) of subdivision (a).
(2) A city official or officials designated to perform tasks pursuant to paragraphs (1) and (2) of subdivision (a) shall comply with all laws governing the issuance and registration of marriage licenses and confidential marriage licenses and the issuance of marriage certificates and confidential marriage certificates.
SEC. 30.SEC. 24.
Section 26840 of the Government Code is amended to read:26840.
(a) The fee for issuing a marriage license is ten dollars ($10), to be collected at the time it is issued. One dollar ($1) of this fee shall be paid to the county recorder, one dollar ($1) of this fee shall be paid to the county clerk or city official, one dollar ($1) of this fee shall be paid to the State Registrar of Vital Statistics, and seven dollars ($7) of this fee shall be disposed of pursuant to the provisions of Section 54 of Chapter 120, Statutes of 1966, First Extraordinary Session.(b) In a county where the salary of the county recorder is the sole compensation allowed by law, this fee shall be paid to the county treasurer who shall credit one dollar ($1) to the county recorder and shall pay one dollar ($1) to the State Registrar of Vital Statistics.
(c) The fee provided by this section is in full for all services of the county clerk or city official and the county recorder in connection with the issuance of a marriage license and the filing of a certificate of registry of marriage.
SEC. 31.SEC. 25.
Section 26840.1 of the Government Code is amended to read:26840.1.
(a) (1) The fee for filing a marriage certificate pursuant to Part 4 (commencing with Section 500) of Division 3 of the Family Code is fourteen dollars ($14), to be collected at the time an authorization for the performance of the marriage is issued or a blank authorization form is obtained from the county clerk or city official pursuant to Part 4 (commencing with Section 500) of Division 3 of the Family Code.(2) Four dollars ($4) of the fee shall be paid to the State Registrar of Vital Statistics. One dollar ($1) of the fee shall be paid to the county treasurer and shall be used to defray any local costs incurred pursuant
to Part 4 (commencing with Section 500) of Division 3 of the Family Code.
(b) Notwithstanding subdivision (a), in addition to the amount authorized by subdivision (a) the county clerk or city official may impose an additional amount, not to exceed three dollars ($3), if
they determine that the additional amount is necessary to defray local costs.
SEC. 32.SEC. 26.
Section 26840.3 of the Government Code is amended to read:26840.3.
(a) For the support of the family conciliation court or for conciliation and mediation services provided pursuant to Chapter 11 (commencing with Section 3160) of Part 2 of Division 8 of the Family Code, to provide all space costs and indirect overhead costs from other sources, the board of supervisors in a county may increase:(1) The fee for issuing a marriage license by an amount not to exceed five dollars ($5).
(2) The fee for issuing a marriage certificate, pursuant to Part 4 (commencing with Section 500) of Division 3 of the Family Code, by an amount not to exceed five dollars
($5).
(b) The county or city official shall distribute the moneys received under subdivision (a) to the court to be used exclusively to pay the costs of maintaining the family conciliation court or conciliation and mediation services provided pursuant to Chapter 11 (commencing with Section 3160) of Part 2 of Division 8 of the Family Code.
SEC. 33.SEC. 27.
Section 26840.7 of the Government Code is amended to read:26840.7.
(a) In addition to the fee prescribed by Section 26840 and as authorized by Section 26840.3, the county clerk or city official shall collect a fee of twenty-three dollars ($23) at the time of issuance of the marriage license.(b) (1) The fee shall be disposed of by the county clerk or city official pursuant to Chapter 5 (commencing with Section 18290) of Part 6 of Division 9 of the Welfare and Institutions Code.
(2) Of this amount, four dollars ($4) shall be used, to the extent feasible, to develop or expand domestic violence shelter-based programs to target
underserved areas and populations.
SEC. 34.SEC. 28.
Section 102225 of the Health and Safety Code is amended to read:102225.
(a) The State Registrar shall carefully examine the marriage certificates received from the county recorders and city officials, and if they are incomplete or unsatisfactory, shall require further information that may be necessary to make the record complete and satisfactory.(b) A certificate that is determined to be incomplete or unsatisfactory shall be returned to the county recorder or city official within 90 days after receipt by the State Registrar.
(c) If a certificate is not returned to the county recorder or city official within 90 days, the State Registrar shall register the certificate
as presented.
SEC. 35.SEC. 29.
Section 102285 of the Health and Safety Code is amended to read:102285.
(a) The county recorder is the local registrar of marriages and shall perform all the duties of the local registrar of marriages for marriage licenses returned to the county recorder.(b)The city official shall register a marriage license if they issued the license and the license was returned to them.
(b) For purposes of this section, “local registrar” includes a city official who accepts
marriage certificates for registration.
SEC. 36.SEC. 30.
Section 102310 of the Health and Safety Code is amended to read:102310.
(a) The local registrar of marriages shall carefully examine a license before acceptance for registration and, if it is incomplete or unsatisfactory, they shall require further information to be furnished as may be necessary to make the record satisfactory before acceptance for registration.(b) For purposes of this section, “local registrar” includes a city official who accepts marriage certificates for registration.
SEC. 37.SEC. 31.
Section 102325 of the Health and Safety Code is amended to read:102325.
(a) The local registrar shall number each marriage certificate consecutively beginning with the number one for either the first event occurring, or first event registered in, each calendar year. Numbering may be based on either the year that the event occurs or the year of registration.(b) For purposes of this section, “local registrar” includes a city official who accepts marriage certificates for registration.
SEC. 38.SEC. 32.
Section 102355 of the Health and Safety Code is amended to read:102355.
(a) The local registrar of marriages shall transmit to the State Registrar not less than quarterly all original marriage certificates they accepted for registration during the preceding quarter. Certificates shall be batched by calendar year of event prior to transmission. Certificates may be transmitted at more frequent intervals by arrangement with the State Registrar.(b) For purposes of this section, “local registrar” includes a city official who accepts marriage certificates for registration.
SEC. 39.SEC. 33.
Section 102356 of the Health and Safety Code is amended to read:102356.
(a) For purposes of Section 102233, the local registrar of marriages shall submit to the State Registrar, at least annually, all of the following information concerning marriage certificates that they accepted for registration during the same calendar year and in which one or both of the parties were minors at the time of solemnization of the marriage:(1) The total number of those marriage certificates.
(2) Itemized for each of those marriage certificates, the age of each party at the time of solemnization of the marriage.
(3) Itemized for each of those marriage
certificates, the gender of each party as documented on the court order, pursuant to Section 304 of the Family Code, unless the court order does not include the gender.
(b) The information submitted to the State Registrar pursuant to subdivision (a) shall not contain the names, addresses, or other personal identifying information of parties to a marriage
certificate or any information identifying a marriage certificate. The information shall not contain a marriage certificate or a copy of the court order described in Section 304 of the Family Code.
(c) (1) The local registrar of marriages shall not submit any information described in paragraphs (1) to (3), inclusive, of subdivision (a) if no marriage certificate described in subdivision (a) is accepted for registration by them during the same calendar year.
(2) For a marriage certificate described in subdivision (a), the local registrar of marriages is not required to submit
information described in paragraphs (1) to (3), inclusive, of subdivision (a) if the local registrar of marriages did not receive a copy of the court order from the person solemnizing the marriage pursuant to Section 423 of the Family Code. The local registrar of marriages may elect to submit any of that information, if otherwise available, even if they did not receive the copy of the court order.
(d) (1) Notwithstanding any other law, no earlier than two years after the local registrar of marriages submits the information described in subdivision (a) to the State Registrar, the local registrar may dispose of that information.
(2) Notwithstanding any other law, immediately after the local registrar of marriages submits the information
described in subdivision (a) to the State Registrar, the local registrar may dispose of the copy of the court order received from the person solemnizing the marriage pursuant to Section 423 of the Family Code.
(e) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the State Department of Public Health may implement this section through an all-county letter or similar instruction from the State Registrar without taking regulatory action.
(f) For purposes of this section, “local registrar” includes a city official who accepts marriage certificates for registration.
SEC. 40.SEC. 34.
Section 103235 of the Health and Safety Code is amended to read:103235.
(a) If the amendment relates to a certificate or marriage license that has not been transmitted to the State Registrar, the local registrar shall review the amendment for acceptance for filing, and if accepted shall file the amendment and shall note the fact of the amendment, with its date, on the otherwise unaltered original certificate or marriage license.(b) For purposes of this section, a “local registrar” includes a city official who issues marriage certificates.
SEC. 41.SEC. 35.
Section 103426 of the Health and Safety Code is amended to read:103426.
(a) The State Registrar shall issue a new birth certificate reflecting a change of gender and sex identifier to female, male, or nonbinary without a court order for a person who has a birth certificate issued by this state who submits directly to the State Registrar an application to change the gender and sex identifier on the birth certificate and an affidavit attesting under penalty of perjury that the request for a change of gender and sex identifier to female, male, or nonbinary is to conform the person’s legal gender and sex identifier to the person’s gender identity and is not made for a fraudulent purpose. Upon receipt of the documentation and the fee prescribed by Section 103725, the State Registrar shall establish a new birth certificate reflecting the gender and sex identifier stated in the application and any change in name, if accompanied by a certified copy of the court order for a change of name.(b) (1) The State Registrar shall issue a new birth certificate for the minor child or children who have a birth certificate issued by this state without a court order when a parent submits directly to the State Registrar all of the following:
(A) An application for a new birth certificate for their minor child or children reflecting the change of the designation of the petitioner as mother, father, or parent, and, if applicable, a change of name of the parent.
(B) A copy of at least one of the following documents:
(i) A certified copy of the court-ordered change of gender, including a certified English translation, if applicable.
(ii) The parent’s new birth certificate reflecting a change of gender and sex identifier.
(iii) A government-issued identity document reflecting the parent’s change of gender and sex identifier.
(iv) An affidavit attesting under penalty of perjury that the request for a change of the designation of the petitioner as mother, father, or parent is to conform to the person’s gender identity and is not made for a fraudulent purpose.
(C) The fee prescribed by Section 103725.
(D) If applicable, a certified copy of the court-ordered change of name, including a certified English translation, if applicable.
(2) The new birth certificate shall reflect the change of the designation of the parent whose gender and sex identifier has been changed as mother, father, or parent, and, if applicable, a change of name that the parent has legally obtained.
(c) (1) The State Registrar shall issue a new birth certificate
for an adult child who has a birth certificate issued by this state without a court order when the parent submits directly to the State Registrar all of the following:
(A) An application for a new birth certificate for their adult child reflecting the change of the designation of the petitioner as mother, father, or parent, and, if applicable, a change of name of the parent.
(B) A copy of at least one of the following documents:
(i) A certified copy of the court-ordered change of gender, including a certified English translation, if applicable.
(ii) The parent’s new birth certificate reflecting a change of gender and sex identifier.
(iii) A government-issued identity document reflecting the parent’s change of gender and sex identifier.
(iv) An affidavit attesting under penalty of perjury that the request for a change of the designation of the petitioner as mother, father, or parent is to conform to the person’s gender identity and is not made for a fraudulent purpose.
(C) A notarized letter from the adult child stipulating to the change to the adult child’s birth certificate.
(D) The fee prescribed by Section 103725.
(E) If applicable, a certified copy of the court-ordered change of name, including a certified English translation, if
applicable.
(2) The notarized letter from the adult child shall be accepted if it contains substantially the following language: “I, (adult child’s full name), stipulate to an issuance of a new birth certificate for me that reflects my parent’s legal gender and name.”
(3) The new birth certificate shall reflect the change of the designation of the parent whose gender and sex identifier has been changed as mother, father, or parent, and, if applicable, a change of name that the parent has legally obtained.
(d) (1) The county clerk or city official shall issue a new confidential marriage license and certificate for a person who has a confidential marriage license and certificate that was issued from their
county or city without a court order when the person submits directly to the county clerk or city official all of the following:
(A) An application from the spouse who has legally changed their gender and sex identifier for a new confidential marriage license and certificate reflecting the change to the designation of the person as bride, groom, or having neither box checked on the confidential marriage license and certificate, and, if applicable, a change of name of the spouse.
(B) A copy of at least one of the following documents:
(i) A certified copy of the court-ordered change of gender, including a certified English translation, if applicable.
(ii) The spouse’s
new birth certificate reflecting a change of gender and sex identifier.
(iii) A government-issued identity document reflecting the spouse’s change of gender and sex identifier.
(iv) An affidavit attesting under penalty of perjury that the request for a change of the designation of the petitioner as bride, groom, or having neither box checked on the marriage license and certificate is to conform to the person’s gender identity and is not made for a fraudulent purpose.
(C) A notarized letter from the spouse who is not requesting the new confidential marriage license and certificate stipulating to the change in the confidential marriage license and certificate.
(D) The fee established by the county clerk or city official, not to exceed the amount of the fee for another confidential marriage license and certificate issued by the county clerk or city official and not to exceed the reasonable cost to provide the confidential marriage license and certificate.
(E) If applicable, a certified copy of the court-ordered change of name, including a certified English translation, if applicable.
(2) The notarized letter from the spouse who is not requesting the new confidential marriage license and certificate shall be accepted if it contains substantially the following language: “I, (spouse’s full name), stipulate to an issuance of a new confidential marriage license and certificate for me that reflects my spouse’s legal gender and
name.”
(3) The new confidential marriage license and certificate shall reflect the change to the designation of the person as bride, groom, or having neither box checked on the confidential marriage license and certificate, and, if applicable, a change of name that the spouse has legally obtained.
(4) For purposes of this section, a court-ordered change of gender or name shall include a change of gender or name accomplished by an order of a court of this state, another state, the District of Columbia, a territory of the United States, or a foreign court.
(e) (1) The State Registrar shall issue a new marriage license and certificate for a person who has a marriage license and certificate
without a court order if the person submits directly to the State Registrar all of the following:
(A) An application from the spouse who has legally changed their gender and sex identifier for a new marriage license and certificate reflecting the change to the designation of the person as bride, groom, or having neither box checked on the marriage license and certificate, and, if applicable, a change of name of the spouse.
(B) A copy of at least one of the following documents:
(i) A certified copy of the court-ordered change of gender, including a certified English translation, if applicable.
(ii) The spouse’s new birth certificate reflecting a change of gender
and sex identifier.
(iii) A government-issued identity document reflecting the spouse’s change of gender and sex identifier.
(iv) An affidavit attesting under penalty of perjury that the request for a change of the designation of the petitioner as bride, groom, or having neither box checked on the marriage license and certificate is to conform to the person’s gender identity and is not made for a fraudulent purpose.
(C) A notarized letter from the spouse who is not requesting the new marriage license and certificate stipulating to the change in the marriage license and certificate.
(D) If applicable, a certified copy of the court-ordered change of name,
including a certified English translation, if applicable.
(E) The fee prescribed by Section 103725.
(2) The notarized letter from the spouse who is not requesting the new marriage license and certificate shall be accepted if it contains substantially the following language: “I, (spouse’s full name), stipulate to an issuance of a new marriage license and certificate for me that reflects my spouse’s legal gender and name.”
(3) The new marriage license and certificate shall reflect the change to the designation of the person as bride, groom, or having neither box checked on the marriage license and certificate, and, if applicable, a change of name that the spouse has legally obtained.
(4) For purposes of this section, a court-ordered change of gender or name shall include a change of gender or name accomplished by an order of a court of this state, another state, the District of Columbia, a territory of the United States, or a foreign court.
SEC. 42.SEC. 36.
Section 103431 of the Health and Safety Code is amended to read:103431.
(a) (1) If a judgment pursuant to Section 103430 includes an order for a new birth certificate for the petitioner and if the petitioner has a birth certificate issued by this state, a certified copy of the judgment of the court ordering the new birth certificate, shall, within 30 days from the date of the judgment, be filed by the petitioner with the State Registrar. Upon receipt thereof, together with the application and the fee prescribed by Section 103725, the State Registrar shall establish a new birth certificate for the petitioner.(2) The new birth certificate shall reflect the gender of the petitioner, as specified in the judgment of the court, and shall reflect
any change of name, as specified in the court order, as prescribed by Section 103425. No reference shall be made in the new birth certificate, nor shall its form in any way indicate, that it is not the original birth certificate of the petitioner.
(b) (1) (A) If a judgment pursuant to Section 103430 includes an order for a new marriage license and certificate, and the original marriage license and certificate was confidential and issued within this state, a certified copy of the judgment of the court ordering the new confidential marriage license and certificate shall, within 30 days from the date of the judgment, be filed by the petitioner with the county clerk in the county where the confidential marriage license and certificate was issued, or with the city official who issued the confidential marriage
license and certificate, along with the application and the fee established by the county clerk or city official, not to exceed the fee for another confidential marriage license and certificate issued by the county clerk or city official and not to exceed the reasonable cost to provide the confidential marriage license and certificate. Upon receipt of the copy of the judgment, the application, and the fee, the county clerk or city official shall issue a confidential marriage license and certificate for the petitioner.
(B) If a judgment pursuant to Section 103430 includes an order
for a new marriage license and certificate, and the original marriage license and certificate was not confidential and issued within this state, a certified copy of the judgment of the court ordering the new marriage license and certificate shall, within 30 days from the date of the judgment, be filed by the petitioner with the State Registrar, along with the application and the fee prescribed by Section 103725. Upon receipt of the copy of the judgment, the application, and the fee, the State Registrar shall establish a new marriage license and certificate for the petitioner.
(2) If a new marriage license and certificate or confidential marriage license and certificate is requested under subdivision (c) of Section 103425, the new marriage license and certificate or new confidential marriage license and certificate shall reflect
any change in the designation of the person as bride, groom, or having neither box checked as requested, and shall reflect any change of name, as specified in the court order, as prescribed by Section 103425. If the “New Names” section of the original marriage license and certificate or original confidential marriage license and certificate that refers to the person whose gender and sex identifier was changed pursuant to Section 103430 does not match a change of name, as specified in the court order, then the “New Names” section for that person shall be left blank on the new marriage license and certificate or new confidential marriage license and certificate of marriage. A new marriage license and certificate or new confidential marriage license and certificate issued pursuant to this article shall not entitle the parties to the marriage to change their names using the procedures in Section 306.5 of
the Family Code at the time of the issuance of the new marriage license and certificate or confidential marriage license and certificate. Notwithstanding Sections 103235 and 103255, reference shall not be made in the new marriage license and certificate or new confidential marriage license and certificate, and its form shall not in any way indicate, that it is not the original marriage license and certificate or original confidential marriage license and certificate of the petitioner.
(c) (1) If a judgment pursuant to Section 103430 includes an order for a new birth certificate for the petitioner’s child and if the petitioner’s child has a birth certificate issued by this state, a certified copy of the judgment of the court ordering the new birth certificate, shall, within 30 days from the date of the judgment, be filed
by the petitioner with the State Registrar. Upon receipt thereof, together with the application and the fee prescribed by Section 103725, the State Registrar shall establish a new birth certificate for the petitioner’s child.
(2) If a new birth certificate is requested under subdivision (d) of Section 103425, the new birth certificate for the petitioner’s child shall reflect the change of the designation of the petitioner as mother, father, or parent and, if applicable, a change of name of the petitioner, as specified in the court order and as prescribed by Section 103425. Reference shall not be made in the new birth certificate, and its form shall not in any way indicate, that it is not the original birth certificate of the petitioner’s child.
SEC. 43.SEC. 37.
Section 103435 of the Health and Safety Code is amended to read:103435.
(a) In lieu of separate proceedings, a single petition may be filed with the superior court to change the petitioner’s name and recognize the change to the petitioner’s gender and sex identifier and, if requested, to order the issuance of a new birth certificate, marriage license and certificate, confidential marriage license and certificate, or birth certificate of the petitioner’s child. With respect to a single petition, the court shall comply with both of the following:(1) The procedure set forth in Title 8 (commencing with Section 1275) of Part 3 of the Code of Civil Procedure; however, the order to show cause shall not include the petition to recognize the change of gender and
sex identifier.
(2) The procedure set forth in Section 103430 if there is a request for a new marriage license and certificate, confidential marriage license and certificate, or for a new birth certificate for a child of the petitioner.
(b) (1) A certified copy of the judgment of the court issued pursuant to this section shall, within 30 days, be filed by the petitioner with the Secretary of State.
(2) A certified copy of the judgment of the court issued pursuant to this section shall, within 30 days, be filed by the petitioner with the State Registrar, if any of the following conditions are met:
(A) The judgment includes an order for a new
birth certificate and the petitioner has a birth certificate issued by this state.
(B) The judgment includes an order for a new marriage license and certificate and the original marriage license and certificate was issued within this state.
(C) The judgment includes an order for a new birth certificate for the petitioner’s child and the petitioner’s child has a birth certificate issued by this state.
(3) If the judgment issued pursuant to this section includes an order for a new marriage license and certificate, and the original marriage license and certificate was confidential and issued within this state, a certified copy of the judgment of the court shall, within 30 days, be filed by the petitioner with the county clerk
in the county where the confidential marriage license and certificate was
issued or the city official who issued the confidential marriage license and certificate.
(c) Upon receipt of a certified copy of a judgment of the court issued pursuant to this section, together with the application and the fee prescribed by Section 103725, the State Registrar shall establish a new birth certificate or marriage license and certificate as provided in this article.
(d) Upon receipt of a certified copy of a judgment of the court issued pursuant to this section, together with the application and the fee established by the county clerk or city official, not to exceed the fee for another confidential marriage license and certificate issued by the county clerk or city official and not to exceed the reasonable cost to provide the confidential marriage
license and certificate, the county clerk or city official shall issue a new confidential marriage license and certificate as provided in this article.
SEC. 44.SEC. 38.
Section 103443 of the Health and Safety Code is amended to read:103443.
(a) The State Registrar shall transmit a certified copy of a birth certificate newly established under this article to the registrant without additional charge.(b) The county clerk or city official shall transmit a copy of a confidential marriage certificate newly established under this article to the registrant without additional charge.
SEC. 45.SEC. 39.
Section 360 of the Penal Code is amended to read:360.
A person authorized to solemnize a marriage who solemnizes a marriage without first being presented with the marriage license, as required by Section 421 of the Family Code, 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 willfully makes a false return of a marriage or pretended marriage to the county recorder, county clerk, or city official and a person who willfully makes a false record of a marriage return, is guilty of a misdemeanor.SEC. 46.SEC. 40.
Section 18293 of the Welfare and Institutions Code is amended to read:18293.
(a) In order to be eligible for funding pursuant to this chapter, a domestic violence shelter-based program shall demonstrate its ability to receive and make use of any funds available from governmental, voluntary, philanthropic, or other sources that may be used to augment any state or county funds appropriated for the purposes of this chapter. A domestic violence shelter-based program shall make every attempt to qualify the domestic violence shelter-based program for available federal funding.(b) No provision of this section is intended to prohibit domestic violence shelter-based programs receiving funds pursuant to this chapter from receiving additional funds from a other
another public or private source. Funds provided pursuant to this chapter shall not be used to reduce the financial support from other public or private sources.
(c) Proposed or existing domestic violence shelter-based programs that meet the requirements set forth in Section 18294, shall receive funding pursuant to this chapter upon the approval of the local board of supervisors.
(d) Funding shall be given to agencies and organizations whose primary function is to administer domestic violence shelter-based programs. Any additional fees received by Alameda County, Contra Costa County, Solano County,
the Counties of Alameda, Contra Costa, and Solano and the City of Berkeley at the time of issuance of a marriage license pursuant to Sections 18308, 18309, and 18309.5 that are in excess of the twenty-three dollar ($23) fee collected pursuant to this act, shall be available to that city or county for funding domestic violence programs other than domestic violence shelter-based programs.
(e) Prior to approving a domestic violence shelter-based program or programs for this funding, the board shall consult with individuals and groups that have expertise in the problems of domestic violence and in the operation of domestic violence shelter-based programs including operations of existing domestic violence shelter-based programs.
(f) Upon approving
one or more domestic violence shelter-based programs for funding, the board shall direct the county treasurer to disburse moneys from the county’s domestic violence shelter-based program special fund and for funding, the board shall designate a local agency to monitor the domestic violence shelter-based program or programs. This monitoring shall include information regarding the number of persons requesting services, the number of persons receiving services according to the type of services provided, and the need, if any, for additional services or staffing.
(g) A program that receives funding through this chapter shall, to the extent feasible, provide services to persons with a physical disability who are victims of domestic violence. If the program cannot provide the services, then the program’s staff, to the extent feasible, shall
assist in referring the person with a physical disability to other programs and services in the community where assistance may be obtained.
(h) The process to determine eligibility of a domestic violence shelter-based program to receive funding pursuant to this chapter shall have as its primary purpose to ascertain that the program meets the service requirements of Section 18294. The process shall be expedient and shall include a mechanism for annual recertification.
(i) Funding obtained pursuant to this chapter is for the unrestricted use of a recipient domestic violence shelter-based program and may be used for direct and indirect costs.
SEC. 47.SEC. 41.
Section 18305 of the Welfare and Institutions Code is amended to read:18305.
(a) At the time of issuance of a marriage license pursuant to Section 26840 of the Government Code, twenty-three dollars ($23) of each fee paid shall be collected by the county clerk or city official for deposit into the county domestic violence shelter-based programs special fund. The fees collected in this special fund shall be disbursed to approved domestic violence shelter-based programs on a yearly or more frequent basis commencing July 1, 1980. The funds shall be disbursed using a request for qualification (RFQ) process.(b) The board of supervisors shall direct the county clerk to deposit twenty-three dollars ($23) of each fee into the county
domestic violence shelter-based programs special fund. The county domestic violence shelter-based programs special fund shall fund domestic violence shelter-based programs established pursuant to Section 18304. Four dollars ($4) of each twenty-three dollars ($23) deposited into the county domestic violence shelter-based programs special fund shall be used, to the extent feasible, to support or expand domestic violence shelter-based programs to target underserved areas and populations. No more than 8 percent of the funds shall be expended for the administrative costs associated with the collection and segregation of the additional marriage license fees, administration of the county domestic violence shelter-based programs special fund, monitoring of the domestic violence shelter-based programs, and meeting the other administrative requirements imposed by this chapter. Counties that
do not participate in the establishing or funding of domestic violence shelter-based programs pursuant to this chapter shall be
entitled to retain up to 4 percent of the funds for the administrative costs associated with the collection and segregation of the additional marriage license fees and the deposit of these fees in the county domestic violence shelter-based programs special fund.
(c) The board of supervisors of a county may request, on not more than a quarterly basis, an accounting of the special fund, which shall include all of the following:
(1) The balance of the special fund at the beginning of the request period.
(2) Deposits into the special fund in the request period, including a clear breakdown of funds deposited as a result of marriage license fees, funds deposited as a result of the collection of domestic violence
probation fees, and funds deposited from other sources.
(3) Disbursements from the fund during the request period.
(4) The fund balance at the end of the request period.
SEC. 48.SEC. 42.
Section 18308 of the Welfare and Institutions Code is amended to read:18308.
(a) The Contra Costa County Board of Supervisors shall direct the local registrar, county recorder, and county clerk to deposit fees collected pursuant to Section 103626 of the Health and Safety Code into a special fund. The county may retain up to 4 percent of the fund for administrative costs associated with the collection and segregation of the additional fees and the deposit of these fees into the special fund. Proceeds from the fund shall be used for governmental oversight and coordination of domestic violence and family violence prevention, intervention, and prosecution efforts among the court system, the district attorney’s office, the public defender’s office, law enforcement, the probation department, mental health, substance abuse, child welfare services, adult protective services, and community-based organizations and other agencies working in(b) A city official who issues marriage licenses and certificates within Contra Costa County the County of Contra Costa shall deposit fees collected as proscribed
prescribed in subdivision (a).
SEC. 49.SEC. 43.
Section 18309 of the Welfare and Institutions Code is amended to read:18309.
(a) (1) The Alameda County Board of Supervisors shall direct the local registrar, county recorder, and county clerk to deposit fees collected pursuant to Section 26840.10 of the Government Code and Section 103627 of the Health and Safety Code into a special fund. The county may retain up to 4 percent of the fund for administrative costs associated with the collection and segregation of the additional fees and the deposit of these fees into the special fund. Proceeds from the fund shall be used for governmental oversight and coordination of domestic violence and family violence prevention, intervention, and prosecution efforts among the court system, the district attorney’s office, the public defender’s office, law enforcement, the probation department, mental health, substance abuse, child welfare services, adult protective services, and community-based organizations and other agencies working in(2) A city official who issues marriage licenses and certificates within Alameda County the County of Alameda shall deposit fees collected as proscribed
prescribed in paragraph (1).
(b) The City Council of the City of Berkeley shall direct the local registrar to deposit fees collected pursuant to Section 103627 of the Health and Safety Code into a special fund. The city may retain up to 4 percent of the fund for administrative costs associated with the collection and segregation of the additional fees and the deposit of these fees into the special fund. Proceeds from the fund shall be used for governmental oversight and coordination of domestic violence and family violence prevention and intervention efforts, including law enforcement, mental health, public health, substance abuse, victim advocacy, community education, and housing, in order to increase the effectiveness of prevention, early intervention, and prosecution of domestic and family
violence.
SEC. 50.SEC. 44.
Section 18309.5 of the Welfare and Institutions Code is amended to read:18309.5.
(a) (1) The Solano County Board of Supervisors shall direct the local registrar, county recorder, and county clerk to deposit fees collected pursuant to Section 26840.11 of the Government Code and Section 103628 of the Health and Safety Code into a special fund.(2) The county may retain up to 4 percent of the fund for administrative costs associated with the collection and segregation of the additional fees and the deposit of these fees into the special fund. Proceeds from the fund shall be used for governmental oversight and coordination of domestic violence and family violence prevention, intervention, and prosecution efforts among the court system, the
district attorney’s office, the public defender’s office, law enforcement, the probation department, mental health, substance abuse, child welfare services, adult protective services, and community-based organizations and other agencies working in Solano County the County of Solano in order to increase the effectiveness of prevention, early intervention, and prosecution of domestic and family violence.
(b) A city official who issues marriage licenses and certificates within Solano County the County of Solano
shall deposit fees collected as proscribed prescribed in subdivision (a).
