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AB-1286 Marriage: local registrar.(2021-2022)

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Date Published: 04/19/2021 09:00 PM
AB1286:v98#DOCUMENT

Amended  IN  Assembly  April 19, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 1286

Introduced by Assembly Member Petrie-Norris

February 19, 2021

An act to amend Section Sections 102233 and 102356 of the Health and Safety Code, relating to marriage.


LEGISLATIVE COUNSEL'S DIGEST


AB 1286, as amended, Petrie-Norris. Marriage: local registrar.
Existing law requires the State Registrar to create a document, no later than March 1, 2020, with annual updates, containing information received by local registrar registrars concerning marriage certificates in which one or both of the parties were minors at the time of solemnization of the marriage. Existing law requires the local registrar, at least annually, to submit information, as specified, to the State Registrar for those purposes. Existing law restricts the local registrar from submitting that information if the local registrar did not accept any marriage certificates in the same calendar year.
This bill would require the State Registrar to also provide that document to the Legislature annually. The bill would require the local registrar to submit that information twice a year, on July 1 and December 31. four times a year, as specified. The bill would instead require, if no marriage certificates were accepted by the local registrar, that the local registrar submit a report to the State Registrar concurrently with the information described above indicating that no marriage certificates were accepted.
By creating new duties for county officials relating to certain marriage licenses or certificates, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 102233 of the Health and Safety Code is amended to read:

102233.
 (a) The State Registrar shall create a document no later than March 1, 2020, with annual updates no later than March 1 of each year thereafter, disaggregated by county, containing only the information received by a local registrar during the preceding calendar year pursuant to subdivision (a) of Section 102356, concerning marriage certificates in which one or both of the parties were minors at the time of solemnization of the marriage.
(b) The document 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 document shall not contain a marriage certificate or a copy of the court order described in Section 304 of the Family Code.
(c) The State Registrar shall make the document available to the public upon request.
(d) The State Registrar shall provide the document to the Legislature annually.

SECTION 1.SEC. 2.

 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, twice a year, on July 1 and December 31, four times a year, on April 1, July 1, October 1, and December 31, all of the following information concerning marriage certificates that are accepted for registration by them 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 If no marriage certificate described in subdivision (a) is accepted for registration by the local registrar during the same calendar year. registrar, then the local registrar shall submit a report to the State Registrar indicating that no marriage certificates were accepted for registration by the local registrar concurrently with the reports pursuant to subdivision (a).
(2) For any marriage certificate described in subdivision (a), the local registrar of marriages is not required to submit any 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 the local registrar 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.

SEC. 2.SEC. 3.

 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.