Amended in Senate August 18, 2016

Amended in Senate June 16, 2016

Amended in Assembly April 25, 2016

California Legislature—2015–16 Regular Session

Assembly BillNo. 2761


Introduced by Assembly Member Low

February 19, 2016


An act to amend Section 400 of, and to repeal Section 400.1 of, the Family Code, relating to marriage.

LEGISLATIVE COUNSEL’S DIGEST

AB 2761, as amended, Low. Marriage.

Existing law enumerates persons who are authorized to solemnize a marriage, including current Members of the Legislature, constitutional officers of this state, Members of Congress of the United States who represent a district within this state, elected mayors, city clerks, and county supervisors. Existing law requires county supervisors, city clerks, and elected mayors to obtain and review from the county clerk all available instructions for marriage solemnization before the county supervisor, city clerk, or mayor first solemnizes a marriage.

This bill would additionally authorize former Members of the Legislature and constitutional officers of this state, former Members of Congress of the United States who represented a district within this state, and current and former elected officials of a city, county, or city and county, to solemnize a marriage. The bill would remove the requirement that county supervisors, city clerks, and elected mayors obtain and review all available instructions for marriage solemnization before first solemnizing a marriage. The bill would prohibitbegin delete any of the individuals listed aboveend deletebegin insert a judge, elected official, or city clerkend insert from accepting compensation for solemnizing a marriage and would prohibit those individuals from solemnizing a marriage if they have been removed from office due to committing an offense or have been convicted of a crime that involves moral turpitude, dishonesty, or fraud. The bill would make conforming changes.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

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

P2    1

SECTION 1.  

Section 400 of the Family Code is amended to
2read:

3

400.  

(a) Although marriage is a personal relation arising out
4of a civil, and not a religious, contract, a marriage may be
5solemnized bybegin delete any of the following persons who are 18 years of
6age or older:end delete

7begin delete(1)end deletebegin deleteend deletebegin deleteAend deletebegin insert aend insert priest, minister, rabbi, or authorized person of any
8religiousbegin delete denomination.end deletebegin insert denomination who is 18 years of age or
9older.end insert
A person authorized by this subdivision shall not be required
10to solemnize a marriage that is contrary to the tenets of his or her
11faith. Any refusal to solemnize a marriage under this subdivision,
12either by an individual or by a religious denomination, shall not
13affect the tax-exempt status of any entity.

begin insert

14
(b) Except as provided in subdivision (c), a marriage may also
15be solemnized by any of the following persons who are 18 years
16of age or older:

end insert
begin delete

17 (2)

end delete

18begin insert(1)end insert A judge or retired judge, commissioner of civil marriages
19or retired commissioner of civil marriages, commissioner or retired
20commissioner, or assistant commissioner of a court of record in
21this state.

begin delete

22(3)

end delete

23begin insert(2)end insert A judge or magistrate who has resigned from office.

begin delete

24(4)

end delete

25begin insert(3)end insert Any of the following judges or magistrates of the United
26States:

27(A) A justice or retired justice of the United States Supreme
28Court.

P3    1(B) A judge or retired judge of a court of appeals, a district
2court, or a court created by an act ofbegin insert the United Statesend insert Congress
3the judges of which are entitled to hold office during good
4behavior.

5(C) A judge or retired judge of a bankruptcy court or a tax court.

6(D) A United States magistrate or retired magistrate.

begin delete

7(b) Except as provided in subdivision (c), a marriage may also
8be solemnized by any of the following persons who are 18 years
9of age or older:

end delete
begin delete

10(1)

end delete

11begin insert(4)end insert A Member of the Legislature or constitutional officer of this
12state or a Member of Congress of the United States who represents
13a district within this state, or a former Member of the Legislature
14or constitutional officer of this state or a former Member of
15Congress of the United States who represented a district within
16this state.

begin delete

17(2)

end delete

18begin insert(5)end insert A person that holds or formerly held an elected office of a
19city, county, or city and county.

begin delete

20(3)

end delete

21begin insert(6)end insert A city clerk of a charter city or serving in accordance with
22subdivision (b) of Section 36501 of the Government Code, while
23that person holds office.

24(c) (1) A person listed in subdivision (b) shall not accept
25compensation for solemnizing a marriage while holding office.

26(2) A person listed in subdivision (b) shall not solemnize a
27marriage pursuant to this section if they have been removed from
28office due to committing an offense or have been convicted of an
29offense that involves moral turpitude, dishonesty, or fraud.

30

SEC. 2.  

Section 400.1 of the Family Code is repealed.



O

    96