CA Assembly Bill 1102 | NNA
Law

CA Assembly Bill 1102

Notary Law Update: CA Assembly Bill 1102

State: California

Summary:

Enacts provision for Notaries qualified to issue confidential marriage licenses.

Signed:  September 30, 2006

Effective:  January 01, 2006

Chapter: 816

Affects:

Amends Family Code Sections 531, 532, 535 and 536

Changes:
  1. Requires qualified Notaries who issue confidential marriage license to take a six-hour course (formerly two hours) to receive approval or renewal of the approval to issue confidential marriage licenses. Previously, the course was required only for the initial approval.
  2. Requires the county clerk to retain any fees paid by a Notary for an application to issue confidential marriage licenses if after issuance of the approval the Notary is discovered to have engaged in misconduct under Government Code Section 8214.1 or violated Division 3 (Sections 300-536) of the Family Code.
  3. Increases the application fee for approval to issue confidential marriage licensees from $175 to $300.
Analysis:

In California, Notaries may apply for approval to issue confidential marriage licenses. This Notary power is granted to certain selected Notaries only. Assembly Bill 1102 now requires a six-hour course for all approvals and renewals. In addition, it raises the application fee from $175 to $300. In the event the Notary is found to have engaged in Notary misconduct or violated the law regarding issuance of confidential marriage licenses after gaining the approval, the county clerk must keep all fees paid by the Notary.

What is a “confidential marriage?” According to California law, the couple applying for the license must be adults and must be living together as husband and wife at the time they apply for the marriage license. The couple must be married in the county where the license is issued. No witnesses are required to be at the ceremony, and no witnesses sign on the marriage license. The marriage license is a confidential record and is registered at the county clerk’s office in the county where it was purchased. Only the bride or groom may purchase copies of the marriage license and must present valid picture identification together with the required fee to the county clerk in order to do so. Other persons requesting copies of a confidential marriage license may only do so by presenting a court order to the county clerk in the county where the license is registered. Copies of confidential marriages are not available from the state office.

Read the bill text.

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