BILL ANALYSIS Ó
AB 2761
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Date of Hearing: May 3, 2016
ASSEMBLY COMMITTEE ON JUDICIARY
Mark Stone, Chair
AB 2761
(Low) - As Amended April 25, 2016
PROPOSED CONSENT
SUBJECT: Marriage: solemnization
KEY ISSUE: SHOULD FORMER ELECTED OFFICIALS, LIKE FORMER JUDGES,
BE PERMITTED TO SOLEMNIZE MARRIAGES AND SHOULD THE REQUIREMENT
THAT SOME, BUT NOT ALL, GOVERNMENT OFFICIALS RECEIVE SPECIFIC
INSTRUCTIONS BEFORE THEY CAN SOLEMNIZE MARRAIGES BE ELIMINATED?
SYNOPSIS
A marriage in California is not valid unless it is solemnized by
an authorized individual. Under current law, marriages may be
solemnized by authorized persons of any religious denomination;
judges, commissioners, and magistrates; and, while they hold
those offices, California legislators, constitutional officers,
elected mayors, county supervisors and members of Congress.
Also some of those allowed to solemnize marriages, including
legislators and constitutional officers, may do so with no
pre-conditions, while others, including county supervisors and
mayors, are required to obtain and review instructional
materials before solemnizing any marriages.
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This bill expands the list of those authorized to solemnize
marriages to include former California legislators,
constitutional officers, members of Congress and city and county
elected officials. This bill also deletes the requirement that
county supervisors, mayors and city clerks must first obtain and
review instructional materials before solemnizing any marriages.
The author states that this bill brings needed uniformity to
the solemnization rules. This bill has no known opposition.
SUMMARY: Expands who may solemnize marriages in California to
include former elected officials. Specifically, this bill:
1)Permits a former member of the Legislature, constitutional
officer of this state or a former member of Congress from this
state to solemnize a marriage.
2)Permits a person who holds or formerly held a city or county
elected office to solemnize a marriage.
3)Eliminates the requirement that before a county supervisor,
mayor or city clerk of a charter city, as provided, may
solemnize a marriage he or she must first obtain and review
from the county clerk all available instructions for marriage
solemnization.
EXISTING LAW:
1)For a marriage to be valid, requires the consent of the
parties, followed by the issuance of a license and
solemnization, as provided. (Family Code Section 300. All
further statutory references are to that code unless otherwise
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stated.)
2)Provides that a marriage may be solemnized by authorized
persons of any religious denomination, by California
legislators, constitutional officers and members of Congress,
while those persons hold those offices, and by specified
justices, judges, and magistrates, both current and retired.
(Section 400.)
3)Provides that a county supervisor, elected mayor and city
clerk, as specified, may solemnize a marriage while he or she
holds that office. Further requires that the supervisor,
mayor or city clerk must first obtain and review from the
county clerk all available instructions for marriage
solemnization before the supervisor, mayor or city clerk may
solemnize a marriage. (Section 400.1.)
4)Provides that the county clerk is designated as a commissioner
of civil marriages for each county. Allows the commissioner
of civil marriages to appoint deputy commissioners of civil
marriages who may solemnize marriages under the direction of
the commissioner of civil marriages and perform other duties
directed by the commissioner. (Section 401.)
FISCAL EFFECT: As currently in print this bill is keyed
non-fiscal.
COMMENTS: A marriage is not valid unless it is solemnized by an
authorized individual. Under current 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 hold those offices. (AB 1094
(Judiciary), Chap. 932, Stats. 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), Chap. 268, Stats. 2010.) In 2012, county
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supervisors were authorized to solemnize marriage ceremonies,
again as long as they first receive training from the county
clerk. (SB 991 (Runner), Chap. 63, Stats. 2012.) Finally, in
2014, city clerks were added, again as long as they first
receive training from the county clerk. (AB 1525 (Lowenthal),
Chap. 450, Stats. 2014.)
This bill again expands the list of those authorized to
solemnize marriages, this time to include former California
legislators, constitutional officers, members of Congress and
city and county elected officials. This bill also deletes the
requirement that county supervisors, mayors and city clerks must
first obtain and review instructional materials before
solemnizing any marriages.
In support of the bill, the author states:
Not only do legislators have the opportunity to enact
policies to improve our state, they also have the
opportunity to solemnize weddings. It's a unique
opportunity that only a select few are able to perform.
However, legislators are only able to do this while they
are in office. Should a sitting member of the Legislature
wish to officiate a wedding after his or her term in
office, one would have to register with a county office to
become a "deputy for the day," pay a fee to the county
office, and in some cases, attend a class.
The law is inconsistent as it allows a retired California
judge or commissioner and a retired US judge or magistrate
to solemnize a wedding even after they've left their
judgeship.
This bill simply brings uniformity to the Family Code,
allowing a former member of the California Legislature or
constitutional officer, or former Member of Congress to
officiate a wedding.
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After a 15-year hodgepodge expansion of who may solemnize
marriages, this bill seeks to provide some uniformity to the
rules. Like judges, elected officials will now be able to
solemnize marriages after they have left office. This includes
former legislators, constitutional officers, members of Congress
and city and county elected officials, all from California.
However, since city clerks' authority to solemnize marriages is
indeed based on the position they hold, they will still only be
permitted to do so while holding their office. Additionally,
this bill deletes the requirement that some officials, but not
all, are required to receive instruction before solemnizing a
marriage. It is unclear why, for example, mayors and county
supervisors need that instruction, but a member of the
Legislature or a religious official does not. This bill
eliminates the instruction requirement for all parties.
However, it is still assumed that if an authorized individual
does not understand what is required to solemnize a marriage, he
or she will learn what is required before officiating at the
ceremony.
REGISTERED SUPPORT / OPPOSITION:
Support
None on file
Opposition
None on file
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Analysis Prepared by:Leora Gershenzon / JUD. / (916) 319-2334