BILL ANALYSIS Ó
SENATE JUDICIARY COMMITTEE
Senator Noreen Evans, Chair
2011-2012 Regular Session
SB 991 (Runner and Wright)
As Introduced
Hearing Date: May 1, 2012
Fiscal: No
Urgency: No
NR
SUBJECT
Marriage: Solemnization
DESCRIPTION
This bill would authorize a county supervisor to solemnize a
marriage ceremony while that person holds office.
BACKGROUND
A marriage is not valid unless it is solemnized by an authorized
individual. Under existing law, marriages may be solemnized by
authorized persons of any religious denomination, judges,
commissioners, and magistrates. In 1998, this list was expanded
to include California Legislators and constitutional officers
and members of Congress from California, during the time period
that those individuals are holding office. (AB 1094 (Committee
on Judiciary, Chapter 932, Statutes of 1998). In 2010, elected
mayors were also authorized to solemnize marriage ceremonies, as
long as they first receive training from the county clerk. (AB
2600 (Ma & Lieu, Chapter 268, Statutes of 2010). The county
clerk, who is statutorily designated as a commissioner of civil
marriages in the county, may appoint deputy commissioners of
civil marriage, who may solemnize marriages under the direction
of the county clerk. Deputy commissioners of civil marriage are
authorized to perform one marriage ceremony for one specified
couple. The deputizing process varies slightly from county to
county, but generally an individual must receive instruction
from the county clerk, pay a small fee, and be sworn in as a
deputy commissioner of marriage before performing a ceremony.
Under current law, county clerks are eligible to be deputized by
county supervisors as marriage commissioners.
(more)
SB 991 (Runner and Wright)
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This bill would additionally authorize a county supervisor to
solemnize a marriage while he or she holds office.
SB 991 (Runner and Wright)
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CHANGES TO EXISTING LAW
Existing law provides that a marriage may be solemnized by
authorized persons of any religious denomination, by specified
Legislators, constitutional officers, and California members of
Congress, while those persons are currently holding that office,
and by specified justices, judges, and magistrates, both current
and retired. (Fam. Code Sec. 400.)
Existing law provides that an elected mayor may solemnize
marriage ceremonies while he or she holds office. Existing law
requires such a mayor to obtain and review from the county clerk
all available instructions for marriage solemnization before the
mayor first solemnizes a marriage. (Fam. Code Sec. 400.1.)
Existing law provides that the county clerk is designated as a
commissioner of civil marriages for each county. The
commissioner of civil marriages may appoint deputy commissioners
of civil marriages who may solemnize marriages under the
direction of the commissioner of civil marriages and shall
perform other duties directed by the commissioner. (Fam. Code
Sec. 401.)
This bill would additionally authorize a county supervisor to
solemnize a marriage ceremony while that person holds office.
COMMENT
1.Stated need for the bill
The author writes:
County Supervisors hold a critically important position in
local government. They are highly visible members of their
communities and are frequently invited to attend and
participate in all manner of local events. Often, they are
asked to perform marriage ceremonies, but due to current law,
are unable to do this.
County Supervisors, not unlike the elected official currently
authorized to solemnize marriages, would welcome being given
the authority to solemnize the marriages of constituents,
friends, and family.
In support of the authority proposed by this bill, the
California State Association of Counties writes:
SB 991 (Runner and Wright)
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County supervisors represent broad constituencies across our
state's 58 counties. Supervisors carry out important
functions within their communities and are involved in a
variety of civil duties that support the well-being of their
communities. Giving county supervisors the ability to
conduct civil marriages makes a great deal of sense and will
permit our local elected leaders to participate meaningfully
in the marriage ceremonies of family, friends and
constituents, if asked.
2.Ensuring county supervisors would be qualified to solemnize
marriages
This bill would add county supervisors to the list of persons
who are authorized to perform marriages while they hold office.
County supervisors are elected public officials entrusted with a
wide variety of public functions, including adopting budgets,
determining employee salaries, and managing public works.
Existing law contains several different code sections that
authorize individuals to perform marriages. Specifically,
Family Code Section 400 authorizes a narrow selection of
officials, all of whom perform a limited range of legal
functions, to solemnize marriages. Elected mayors are also
authorized to solemnize marriages, but that authorization is
found in Section 400.1 of the Family Code. That Section
provides that an elected mayor may only solemnize marriages
after he or she obtains and reviews, from the county clerk, all
available instructions for marriage solemnization. (Fam. Code
Sec. 400.1.) Under Family Code Section 401, the county clerk
can deputize any person as a commissioner of marriage for a
single ceremony. (See Background.)
Although this bill would add "county supervisors" to the narrow
list of individuals in Section 400, the role of a county
supervisor is arguably closer to that of a mayor than any of the
elected or appointed officials, such as judges and legislators,
enumerated in Family Code Section 400. County supervisors are
elected by the districts in which they reside and serve a local
population. County supervisors, like mayors, also serve in an
executive, legislative, and quasi-judicial capacity.
Allowing county supervisors to solemnize marriages in a manner
identical to that of mayors would appear to be appropriate
because the required review of information from the county clerk
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would impose a standard level of knowledge and proficiency in
the solemnization of marriage ceremonies. The following
amendment would require county supervisors to review
instructions from the county clerk prior to performing marriage
solemnization, resolving this issue:
Suggested amendments :
On page 1, delete lines 1 -10
On page 2, delete lines 1 - 13
Amend Family Code Section 400.1 to read:
In addition to the persons specified in Section 400,
marriage may also be solemnized by a county supervisor, or
mayor of a city elected in accordance with Article 3
(commencing with Section 34900) of Chapter 4 of Part 1 of
Division 2 of Title 4 of the Government Code, while that
person holds office. The county supervisor or mayor shall
obtain and review from the county clerk all available
instructions for marriage solemnization before the county
supervisor or mayor first solemnizes a marriage.
Support : California State Association of Counties
Opposition : None Known
HISTORY
Source : Author
Related Pending Legislation : None Known
Prior Legislation :
AB 967 (Ma & Lieu, 2010) would have authorized an elected mayor
of a chartered city, while that person holds that office, to
solemnize a marriage ceremony. This bill was vetoed by the
Governor.
AB 2600 (Ma & Lieu, Chapter 268, Statutes of 2010) authorized an
elected mayor of a city, while in that office, to solemnize a
marriage ceremony, after the mayor obtains and reviews from the
county clerk all available instructions for marriage
solemnization before the mayor first solemnizes a marriage.
SB 991 (Runner and Wright)
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