Bill Text: CA SB575 | 2023-2024 | Regular Session | Amended

California Senate Bill 575

Bill Title: Marriage: underage marriage.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed) 2024-04-29 - Referred to Com. on JUD. [SB575 Detail]

Download: California-2023-SB575-Amended.html

Amended IN Senate January 11, 2024

Amended IN Senate January 03, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill

No. 575

Introduced by Senator Wahab

February 15, 2023

An act to ~~amend Sections 297, 298.8, 301, 423, 1501, 2210, and 7002 of, and to repeal Sections 297.1, 302, 303, and 304 of, the Family Code, and to amend Sections 102233 and 102356 of~~ amend Section 102356 of, to add Section 102250 to, and to add and repeal Section 102233.1 of, the Health and Safety Code, relating to underage marriage.

LEGISLATIVE COUNSEL'S DIGEST

SB 575, as amended, Wahab. Marriage: ~~prohibition on minors.~~ underage marriage.

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 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. Under existing law, a local registrar is not required to submit this information to the State Registrar if the local registrar did not receive a copy of the court order, as specified.
This bill would remove that exception and require a local registrar to submit information to the State Registrar, as specified. By increasing the reporting requirements for local registrars, this bill would impose a state-mandated local program.
The bill would require the State Registrar to create a report containing the number of marriage certificates that were submitted by a local registrar, as specified. This bill would require the State Registrar, on or before December 31, 2025, to publish the report on its internet website and submit the report to the Legislature. The bill would repeal this provision on January 1, 2026. This bill would also require the State Registrar, subject to an appropriation, to establish a grant program to study extralegal marriages, as defined. The bill would require a report completed through the grant program to address the prevalence of, conditions of, and circumstances surrounding extralegal marriages in the state, as specified.
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.
(1)Existing law authorizes an unmarried person who is under 18 years of age to marry upon obtaining a court order granting permission and the written consent of at least one of the parents or the guardian of each underage party to the marriage, as specified. Existing law requires the court, if it considers it necessary, as part of the court order granting permission to marry, to require the parties to the prospective marriage of a minor to participate in premarital counseling, as specified.
Existing law provides that 2 unmarried, unrelated adults who have chosen to share one another’s lives in an intimate and committed relationship of mutual caring may establish a domestic partnership by filing a declaration with the Secretary of State, if certain requirements are met. Existing law provides that a person under 18 years of age who, together with the person with whom the person proposes to establish a domestic partnership, meets the requirements for a domestic partnership other than the requirement of being at least 18 years of age, is capable of consenting to and establishing a domestic partnership upon obtaining a court order granting permission to the underage person or persons to establish a domestic partnership. Under existing law, registered domestic partners have the same rights, protections, and benefits as spouses.
This bill would repeal the authorization for a person under 18 years of age from being issued a marriage license or from establishing a domestic partnership, thereby prohibiting a person under 18 years of age from being issued a marriage license or from establishing a domestic partnership, unless that person is an emancipated minor. The bill would make conforming changes.
(2)Existing law required the State Registrar to create a document no later than March 1, 2020, 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 State Registrar to update that document annually, as specified. Existing law requires the local registrar to submit specified information for the purposes of that report.
This bill would instead require that report to contain information concerning marriage certificates in which one or both of the parties were emancipated minors at the time of solemnization of the marriage.

Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOYES

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

SECTION 1.

Section 102233.1 is added to the Health and Safety Code, to read:

102233.1.
(a) (1) The State Registrar shall create a report, disaggregated by county, containing the number of marriage certificates that were transmitted to the State Registrar by a local registrar pursuant to Section 102355 each year between 2019 and 2024, inclusive, in which one or both of the parties were minors at the time of solemnization of the marriage.
(2) The report shall itemize, for each marriage, the ages of each party to the marriage and the gender of each party, if available.
(b) Every marriage in which one or both of the parties were minors at the time of solemnization of the marriage shall be counted in the report, whether the marriage was submitted to the State Registrar by a local registrar pursuant to Section 102356.
(c) The report shall not contain the names, addresses, or other personal identifying information of parties to a marriage certificate or information identifying a marriage certificate. The report shall not contain a marriage certificate or, if applicable, a copy of the court order described in Section 304 of the Family Code.
(d) The report shall compare the total number of marriage certificates counted pursuant to subdivision (a) to the number of marriages reported by each county, each year, pursuant to Section 102356.
(e) (1) On or before December 31, 2025, the State Registrar shall publish the report on its internet website and submit a copy of the report to the Legislature and the relevant policy committees.
(2) The State Registrar shall submit the report required in paragraph (1) in accordance with Section 9795 of the Government Code.
(f) This section shall remain in effect only until January 1, 2026, and as of that date is repealed.

SEC. 2.

Section 102250 is added to the Health and Safety Code, to read:

102250.
(a) (1) The State Registrar shall, upon appropriation, establish a grant program for the purpose of studying extralegal marriages involving minors in the state.
(2) An “extralegal marriage involving minors” means a marriage in which one or both of the parties is under 18 years of age, and the marriage was not solemnized in accordance with the laws of this state, including, but not limited to, circumstances in which no marriage license was applied for, no marriage certificate was returned, or court approval was not sought.
(b) (1) A report completed through the grant program shall address the prevalence of, conditions of, and circumstances surrounding extralegal marriages in the state and include both qualitative and quantitative data.
(2) A report completed through the grant program shall not include personal identifying information about any person discussed in the report.

SEC. 3.

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 are accepted for registration by ~~him or her~~ 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.~~ party, if available.

(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,~~ 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 ~~him or her~~ them during the same calendar year.

(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 he or she 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. 4.
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.