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) Page 2 of ? This bill would additionally authorize a county supervisor to solemnize a marriage while he or she holds office. SB 991 (Runner and Wright) Page 3 of ? 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) Page 4 of ? 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 SB 991 (Runner and Wright) Page 5 of ? 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) Page 6 of ? **************