BILL NUMBER: SB 1479 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY AUGUST 28, 2002
AMENDED IN ASSEMBLY AUGUST 26, 2002
AMENDED IN ASSEMBLY AUGUST 25, 2002
AMENDED IN ASSEMBLY JULY 25, 2002
AMENDED IN SENATE APRIL 25, 2002
AMENDED IN SENATE APRIL 17, 2002
AMENDED IN SENATE APRIL 1, 2002
INTRODUCED BY Senator Morrow
(Coauthors: Senators Bowen, Haynes, Knight, and Scott)
(Coauthors: Assembly Members Bates, Bill Campbell, Chavez,
Cogdill, Hollingsworth, Robert Pacheco, Pescetti, Runner, and Wyman)
FEBRUARY 19, 2002
An act to amend Section 26840 of, and to add and repeal Section
26840.5 of, the Government Code, relating to counties.
LEGISLATIVE COUNSEL'S DIGEST
SB 1479, as amended, Morrow. Marriage licenses: fees:
premarital preparation course.
Existing law requires the county clerk to charge and collect fees
fixed by law for services performed by him or her, including a $10
fee for issuing a marriage license.
This bill would authorize until January 1, 2008, a county to adopt
an ordinance that provides a $7 discount of the marriage license fee
and a $7 discount of the confidential marriage license fee, as
specified, if a couple, at their own expense, completes, within one
year prior to the date of the application for the license, a
specified premarital preparation course conducted by a premarital
preparation course provider who has registered with the county clerk
and issues a certificate of completion to the couple to be filed with
the county clerk. The bill would require each county that adopts
such an ordinance to maintain a record of couples who receive the
discount, and the record would be subject to public inspection under
the California Public Records Act, except with respect to couples who
obtain a confidential marriage certificate.
This bill would require the Legislative Analyst
State Department of Health Services to conduct a study
and report to the Legislature on or before January 1, 2005, on the
effectiveness and use by the public of the marriage license fee
discount.
Vote: majority. Appropriation: no. Fiscal committee:
no yes . State-mandated local program:
no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. 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, unless a county
adopts an ordinance pursuant to Section 26840.5. Revenues from the
fee shall be allocated as follows:
(1) One dollar ($1) of the fee shall be paid to the county
recorder.
(2) One dollar ($1) of the fee shall be paid to the county clerk.
(3) One dollar ($1) of the fee shall be paid to the State
Registrar of Vital Statistics.
(4) Seven dollars ($7) of the fee shall be disposed of pursuant to
Section 54 of Chapter 120 of the Statutes of 1966 of the First
Extraordinary Session, unless a county adopts an ordinance pursuant
to Section 26840.5.
(b) In counties 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. The fee provided by this section is in full for
all services of the clerk and recorder in connection with the
issuance of a marriage license and the filing of a certificate of
registry of marriage.
SEC. 2. Section 26840.5 is added to the Government Code, to read:
26840.5. (a) A county may adopt an ordinance to provide a
discount of seven dollars ($7) of the marriage license fee required
pursuant to Section 26840 and a discount of seven dollars ($7) of the
confidential marriage license fee as specified in Section 503 of the
Family Code.
(b) An ordinance adopted pursuant to subdivision (a) shall require
a couple to complete, within one year prior to the date of the
application for their marriage license, a premarital preparation
course that meets the requirements specified in this section.
(1) A premarital preparation course consisting of at least four
hours of instruction shall include, but is not limited to,
instruction regarding all of the following:
(A) Conflict management.
(B) Communications skills.
(C) Financial and legal responsibilities.
(D) Children and parenting responsibilities.
(2) A premarital preparation course may be conducted by any of the
following:
(A) A clinical social worker licensed pursuant to Chapter 14
(commencing with Section 4990) of Division 2 of the Business and
Professions Code.
(B) Clergy or practitioners in a religious institution performing
counseling services as part of his or her pastoral or professional
duties.
(C) A marriage and family therapist licensed pursuant to Chapter
13 (commencing with Section 4980) of Division 2 of the Business and
Professions Code.
(D) A psychologist licensed pursuant to Chapter 6.6 (commencing
with Section 2900) of Division 2 of the Business and Professions
Code.
(E) An official representative of a religious institution
performing religiously sanctioned counseling.
(F) Any other qualified provider approved by the county board of
supervisors.
(3) The premarital preparation course provider has registered with
the county clerk by filing a written affidavit that contains all of
the following:
(A) The provider's name, address, and telephone number.
(B) A summary of the provider's qualifications, proof of valid
license (if applicable), and a description of relevant training.
(C) A statement that the provider complies with the course
requirements specified in this section.
(4) A premarital preparation course provider shall provide to each
couple who completes the course a certificate of completion that
specifies all of the following:
(A) The names of the couple.
(B) The name of the provider.
(C) The date of completion of the course.
(c) The county clerk may establish a roster of premarital
preparation course providers, including those who offer the course on
a sliding fee scale or at no cost to the applicant.
(d) To receive a discounted marriage license, an applicant for the
marriage license shall verify completion of a premarital preparation
course by filing with the county clerk a valid certificate of course
completion issued in compliance with this section.
(e) Any cost for a premarital preparation course shall be paid by
the applicants for a marriage license.
(f) Each county that adopts an ordinance to provide a discount of
the marriage license fee and confidential marriage license fee
pursuant to subdivision (a) shall maintain a record of couples who
receive the discount. With the exception of the record as it pertains
to couples who obtain a confidential marriage certificate that is
not subject to public inspection pursuant to Part 3 (commencing with
Section 500) of Division 3 of the Family Code, the record of couples
who receive a discount pursuant to this section shall be subject to
public inspection pursuant to the California Public Records Act
(Chapter 3.5 (commencing with Section 6250) of Division 7 of Title
1).
(g) The Legislative Analyst State
Department of Health Services shall conduct a study and prepare
and submit a report to the Legislature on or before January 1, 2005,
on the effectiveness and use by the public of each county program
that provides a discount of the marriage license fee and confidential
marriage license fee pursuant to subdivision (a). The study and
report shall include, but not be limited to, information relating to
any reduction in revenues to local governments that result from the
implementation of this section and the approximate number of
individuals receiving discounts pursuant to a county ordinance
adopted in accordance with subdivision (a).
(h) This section shall remain in effect only until January 1,
2008, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2008, deletes or extends
that date.