BILL ANALYSIS Ó AB 2761 Page 1 CONCURRENCE IN SENATE AMENDMENTS AB 2761 (Low) As Amended August 18, 2016 Majority vote -------------------------------------------------------------------- |ASSEMBLY: |78-0 |(May 9, 2016) |SENATE: |39-0 |(August 22, | | | | | | |2016) | | | | | | | | | | | | | | | -------------------------------------------------------------------- Original Committee Reference: JUD. 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)Requires that anyone permitted to solemnize a marriage be at least 18 years old. 4)Prevents an elected official from receiving compensation for AB 2761 Page 2 solemnizing a marriage while holding office. 5)Prohibits former elected officials in 1) and 2) above, from solemnizing marriages if they have been removed from office due to committing an offense or convicted of an offense involving moral turpitude, dishonesty or fraud. 6)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. The Senate amendments require that officials who solemnize marriages be at least 18 years of age and that non-religious officiants do not accept compensation for the solemnization and do not solemnize marriages if they have committed specified offenses. 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. 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. 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 AB 2761 Page 3 solemnize a marriage. 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. FISCAL EFFECT: None 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 (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), Chapter 268, Statutes of 2010.) In 2012, county supervisors were authorized to solemnize marriage ceremonies, again as long as they first receive training from the county clerk. (SB 991 (Runner), Chapter 63, Statutes of 2012.) Finally, in 2014, city clerks were added, again as long as they first receive training from the county clerk. (AB 1525 (Lowenthal), Chapter 450, Statutes of 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 AB 2761 Page 4 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 [United States] 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. 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. This bill also prevents officials from accepting compensation for the solemnizing marriages while holding office AB 2761 Page 5 and prevents them from solemnizing marriages if they have committed specified offenses. Analysis Prepared by: Leora Gershenzon / JUD. / (916) 319-2334 FN: 0004782