Amended in Assembly August 1, 2016

Amended in Assembly June 1, 2016

Amended in Senate March 8, 2016

Senate BillNo. 875


Introduced by Senator Gaines

January 14, 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

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 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, while that person holds office, to solemnize a marriage. The bill would delete 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 make conforming changes.

begin insert

This bill would incorporate additional changes in Section 400 of the Family Code proposed by AB 2761, that would become operative only if AB 2761 and this bill are both chaptered and become effective on or before January 1, 2017, and this bill is chaptered last.

end insert

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.  

Although marriage is a personal relation arising out of a
4civil, and not a religious, contract, a marriage may be solemnized
5by any of the following who are 18 years of age or older:

6(a) A priest, minister, rabbi, or authorized person of any religious
7denomination. A person authorized by this subdivision shall not
8be required to solemnize a marriage that is contrary to the tenets
9of his or her faith. Any refusal to solemnize a marriage under this
10subdivision, either by an individual or by a religious denomination,
11shall not affect the tax-exempt status of any entity.

12(b) A judge or retired judge, commissioner of civil marriages
13or retired commissioner of civil marriages, commissioner or retired
14commissioner, or assistant commissioner of a court of record in
15this state.

16(c) A judge or magistrate who has resigned from office.

17(d) Any of the following judges or magistrates of the United
18States:

19(1) A justice or retired justice of the United States Supreme
20Court.

21(2) A judge or retired judge of a court of appeals, a district court,
22or a court created by an act of Congressbegin insert of the United States,end insert the
23judges of which are entitled to hold office during good behavior.

24(3) A judge or retired judge of a bankruptcy court or a tax court.

25(4) A United States magistrate or retired magistrate.

26(e) A Member of the Legislature or constitutional officer of this
27state or a Member of Congress of the United States who represents
28a district within this state, while that person holds office.

P3    1(f) A county supervisor, a county sheriff, the city clerk of a
2charter city or serving in accordance with subdivision (b) of Section
336501 of the Government Code, or a mayor of a city elected in
4accordance with Article 3 (commencing with Section 34900) of
5Chapter 4 of Part 1 of Division 2 of Title 4 of the Government
6Code, while that person holds office.

7begin insert

begin insertSEC. 1.5.end insert  

end insert

begin insertSection 400 of the end insertbegin insertFamily Codeend insertbegin insert is amended to read:end insert

8

400.  

begin insert(aend insertbegin insert)end insertbegin insertend insertAlthough marriage is a personal relation arising out
9of a civil, and not a religious, contract, a marriage may be
10solemnized by any of the followingbegin insert personsend insert whobegin delete isend deletebegin insert areend insert 18 years
11of age or older:

begin delete

12(a)

end delete

13begin insert(end insertbegin insert1)end insert A priest, minister, rabbi, or authorized person of any
14religious denomination. A person authorized by this subdivision
15shall not be required to solemnize a marriage that is contrary to
16the tenets of his or her faith. Any refusal to solemnize a marriage
17under this subdivision, either by an individual or by a religious
18denomination, shall not affect the tax-exempt status of any entity.

begin delete

19(b)

end delete

20begin insert(end insertbegin insert2)end insert A judge or retired judge, commissioner of civil marriages
21or retired commissioner of civil marriages, commissioner or retired
22commissioner, or assistant commissioner of a court of record in
23this state.

begin delete

24(c)

end delete

25begin insert(end insertbegin insert3)end insert A judge or magistrate who has resigned from office.

begin delete

26(d)

end delete

27begin insert(end insertbegin insert4)end insert Any of the following judges or magistrates of the United
28States:

begin delete

29(1)

end delete

30begin insert(end insertbegin insertA)end insert A justice or retired justice of the United States Supreme
31Court.

begin delete

32(2)

end delete

33begin insert(end insertbegin insertB)end insert A judge or retired judge of a court of appeals, a district
34court, or a court created by an act of Congressbegin insert of the United States,end insert
35 the judges of which are entitled to hold office during good
36behavior.

begin delete

37(3)

end delete

38begin insert(end insertbegin insertC)end insert A judge or retired judge of a bankruptcy court or a tax court.

begin delete

39(4)

end delete

40begin insert(end insertbegin insertD)end insert A United States magistrate or retired magistrate.

begin insert

P4    1
(b) Except as provided in subdivision (c), a marriage may also
2be solemnized by any of the following persons who are 18 years
3of age or older:

end insert
begin delete

4(e) A legislator

end delete

5begin insert(1)end insertbegin insertend insertbegin insertA Member of the Legislature end insertor constitutional officer of this
6state or a Member of Congressbegin insert of the United Statesend insert who represents
7a district within thisbegin delete state, while that person holds office.end deletebegin insert state, or
8a former Member of the Legislature or constitutional officer of
9this state or a former Member of Congress of the United States
10who represented a district within this state.end insert

begin insert

11
(2) A person that holds or formerly held an elected office of a
12city, county, or city and county, including, but not limited to, a
13county sheriff.

end insert
begin insert

14
(3) A city clerk of a charter city or serving in accordance with
15subdivision (b) of Section 36501 of the Government Code, while
16that person holds office.

end insert
begin insert

17
(c) (1) A person listed in subdivision (b) shall not accept
18compensation for solemnizing a marriage while holding office.

end insert
begin insert

19
(2) A person listed in subdivision (b) shall not solemnize a
20marriage pursuant to this section if they been removed from office
21due to committing an offense or have been convicted of an offense
22that involves moral turpitude, dishonesty, or fraud.

end insert
23

SEC. 2.  

Section 400.1 of the Family Code is repealed.

24begin insert

begin insertSEC. 3.end insert  

end insert
begin insert

Section 1.5 of this bill incorporates amendments to
25Section 400 of the Family Code proposed by both this bill and
26Assembly Bill 2761. It shall only become operative if (1) both bills
27are enacted and become effective on or before January 1, 2017,
28(2) each bill amends Section 400 of the Family Code, and (3) this
29bill is enacted after Assembly Bill 2761, in which case Section 1
30of this bill shall not become operative.

end insert


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