BILL NUMBER: SB 875 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 1, 2016
AMENDED IN SENATE MARCH 8, 2016
INTRODUCED BY Senator Gaines
JANUARY 14, 2016
An act to amend Section 400.1 of 400 of,
and to repeal Section 400.1 of, the Family Code, relating to
marriage.
LEGISLATIVE COUNSEL'S DIGEST
SB 875, as amended, Gaines. Solemnization of marriage: county
sheriff.
Existing law authorizes specified individuals to solemnize a
marriage, including, among others, an authorized person of any
religious denomination, a judge or magistrate, a legislator
current Member of the Legislature or
constitutional officer of this state, and a current Member
of Congress of the United States who represents a
district within this state, as specified.
Existing law additionally authorizes a county supervisor, a city
clerk, and a mayor, as specified, to solemnize a marriage, while that
person holds office. Existing law requires the county supervisor,
city clerk, or mayor to obtain and review from the county clerk all
available instructions for marriage solemnization before that person
first solemnizes a marriage.
This bill would additionally authorize a county sheriff
sheriff, while that person holds office, to
solemnize a marriage and would impose the above requirements
for a county supervisor, city clerk, or mayor on the county sheriff.
marriage. The bill would delete the requirement that
county supervisors, city clerks, and elected mayors obtain
and review all available instructions for marriage solemnization b
efore first solemnizing a marriage. 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:
SECTION 1. Section 400 of the Family
Code is amended to read:
400. Although marriage is a personal relation arising out of a
civil, and not a religious, contract, a marriage may be solemnized by
any of the following who is are 18
years of age or older:
(a) A priest, minister, rabbi, or authorized person of any
religious denomination. A person authorized by this subdivision shall
not be required to solemnize a marriage that is contrary to the
tenets of his or her faith. Any refusal to solemnize a marriage under
this subdivision, either by an individual or by a religious
denomination, shall not affect the tax-exempt status of any entity.
(b) A judge or retired judge, commissioner of civil marriages or
retired commissioner of civil marriages, commissioner or retired
commissioner, or assistant commissioner of a court of record in this
state.
(c) A judge or magistrate who has resigned from office.
(d) Any of the following judges or magistrates of the United
States:
(1) A justice or retired justice of the United States Supreme
Court.
(2) A judge or retired judge of a court of appeals, a district
court, or a court created by an act of Congress the judges of which
are entitled to hold office during good behavior.
(3) A judge or retired judge of a bankruptcy court or a tax court.
(4) A United States magistrate or retired magistrate.
(e) A legislator Member of the Legislature
or constitutional officer of this state or a Member of
Congress of the United States who represents a district
within this state, while that person holds office.
(f) A county supervisor, a county sheriff, the city clerk of a
charter city or serving in accordance with subdivision (b) of Section
36501 of the Government Code, or a 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.
SEC. 2. Section 400.1 of the Family
Code is repealed.
400.1. In addition to the persons specified in Section 400,
marriage may also be solemnized by a county supervisor, the city
clerk of a charter city or serving in accordance with subdivision (b)
of Section 36501 of the Government Code, or a 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, the city
clerk, or mayor shall obtain and review from the county clerk all
available instructions for marriage solemnization before the county
supervisor, the city clerk, or mayor first solemnizes a marriage.
SECTION 1. Section 400.1 of the Family Code is
amended to read:
400.1. In addition to the persons specified in Section 400,
marriage may also be solemnized by a county supervisor, a county
sheriff, the city clerk of a charter city or serving in accordance
with subdivision (b) of Section 36501 of the Government Code, or a
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, county sheriff, city clerk, or mayor shall obtain and
review from the county clerk all available instructions for marriage
solemnization before the county supervisor, county sheriff, city
clerk, or mayor first solemnizes a marriage.