BILL ANALYSIS Ó
AB 2761
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CONCURRENCE IN SENATE AMENDMENTS
AB
2761 (Low)
As Amended August 18, 2016
Majority vote
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|ASSEMBLY: |78-0 |(May 9, 2016) |SENATE: |39-0 |(August 22, |
| | | | | |2016) |
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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
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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
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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
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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
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and prevents them from solemnizing marriages if they have
committed specified offenses.
Analysis Prepared by:
Leora Gershenzon / JUD. / (916) 319-2334 FN:
0004782