BILL ANALYSIS Ó SENATE JUDICIARY COMMITTEE Senator Hannah-Beth Jackson, Chair 2015-2016 Regular Session SB 875 (Gaines) Version: March 8, 2016 Hearing Date: May 3, 2016 Fiscal: No Urgency: No NR SUBJECT Solemnization of marriage: county sheriff DESCRIPTION This bill would authorize a county sheriff to solemnize a marriage after obtaining and reviewing all available instructions from the county clerk for marriage solemnization. BACKGROUND A marriage is not valid unless it is solemnized by an authorized individual. Under existing 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, constitutional officers, and members of Congress from California, during the time period that those individuals are holding office. (AB 1094 Committee on Judiciary, Chapter 932, Statutes of 1998). Subsequently, elected mayors, county supervisors, and city clerks were also authorized to solemnize marriage ceremonies, as long as they first receive training from the county clerk. (AB 2600, Ma & Lieu, Ch. 268, Stats. 2010; SB 991, Runner, Ch. 63, Stats. 2012; and Lowenthal Ch. 450, Stats. 2014.) Additionally, the county clerk, who is statutorily designated as a commissioner of civil marriages in the county, may appoint deputy commissioners of civil marriage, who may solemnize marriages under the direction of the county clerk. Deputy commissioners of civil marriage are authorized to perform one marriage ceremony for one specified couple. The deputizing SB 875 (Gaines) Page 2 of ? process varies slightly from county to county, but generally an individual must receive instruction from the county clerk, pay a small fee, and be sworn in as a deputy commissioner of marriage before performing a ceremony. Under current law, county supervisors are eligible to be deputized by county clerks as marriage commissioners. This bill would additionally authorize a county sheriff to solemnize a marriage. CHANGES TO EXISTING LAW Existing law provides that the county clerk is designated as a commissioner of civil marriages for each county. The commissioner of civil marriages may appoint deputy commissioners of civil marriages who may solemnize marriages under the direction of the commissioner of civil marriages and shall perform other duties directed by the commissioner. (Fam. Code Sec. 401.) Existing law provides that a marriage may be solemnized by authorized persons of any religious denomination, by specified Legislators, constitutional officers, and California members of Congress, while those persons are currently holding that office, and by specified justices, judges, and magistrates, both current and retired. (Fam. Code Sec. 400.) Existing law provides that an elected mayor, county supervisor, or city clerk may solemnize marriage ceremonies while he or she holds office. Existing law requires such a mayor or county supervisor to obtain and review from the county clerk all available instructions for marriage solemnization before he or she first solemnizes a marriage. (Fam. Code Sec. 400.1.) This bill would additionally authorize a county sheriff to solemnize a marriage after obtaining and reviewing from the county clerk all available instructions for marriage solemnization before he or she first solemnizes a marriage. COMMENT 1.Stated need for the bill According to the author: Under current California law, many elected officials are authorized to perform these ceremonies, including county SB 875 (Gaines) Page 3 of ? supervisors, city mayors, state assembly members, and state senators. As an elected official and officer of the law, county sheriffs are a natural addition to this list. Sheriffs are faced daily with a multitude of difficult tasks. They are public servants who willingly put themselves in danger to keep our state and our citizens safe. They are community leaders and well-respected. In addition to some of the somber aspects of the job, county sheriffs would also like the ability to provide the joyful public service of marrying couples. 2.Ensuring county sheriffs would be qualified to solemnize marriages This bill would add county sheriffs to the list of persons who are authorized to perform marriages while holding office. A sheriff is a sworn law enforcement officer and the duties of his or her office vary across states and counties. A sheriff is generally an elected county official, with duties that typically include policing unincorporated areas, maintaining county jails, providing security to courts in the county, and serving warrants and court papers. In addition to these policing and correction services, a sheriff is often responsible for enforcing civil law within his or her jurisdiction. Existing law contains several different code sections that authorize individuals to perform marriages. Specifically, Family Code Section 400 authorizes a narrow selection of officials, all of whom perform a limited range of legal functions, to solemnize marriages. Elected mayors, city clerks, and county supervisors are also authorized to solemnize marriages, but that authorization is found in Section 400.1 of the Family Code. That section provides that an elected mayor, county supervisor, or city clerk may only solemnize marriages after he or she obtains and reviews, from the county clerk, all available instructions for marriage solemnization. (Fam. Code Sec. 400.1.) Additionally, under existing law, the county clerk can deputize any person as a commissioner of marriage for a single ceremony. (See Background.) Allowing county sheriffs to solemnize marriages in a manner identical to that of mayors, county supervisors, and city clerks would appear to be appropriate because the required review of information from the county clerk would impose a standard level of knowledge and proficiency in the solemnization of marriage ceremonies. Staff further notes that this bill would not create SB 875 (Gaines) Page 4 of ? an obligation whereby sheriffs are required to solemnize marriages, but would instead allow them to do so. This arguably creates an appropriate balance giving these elected officials the ability to prioritize official duties and public safety without being burdened by a new, municipal responsibility. Support : None Known Opposition : None Known HISTORY Source : Author Related Pending Legislation : AB 2761 (Steinorth and Low) would authorize former Members of the Legislature and constitutional officers of this state, former Members of Congress of the United States who represented a district within this state, and current and former elected officials of a city, county, or city and county, to solemnize a marriage. Prior Legislation : AB 1525 (Lowenthal, Ch. 450, Stats. 2014) authorized a city clerk to solemnize a marriage after the city clerk obtains and reviews from the county clerk all available instructions for marriage solemnization before the city clerk first solemnizes a marriage. SB 991 (Runner, Chapter 63, Statutes of 2012) See Background. AB 967 (Ma & Lieu, Ch. 268, Stats. 2010) would have authorized an elected mayor of a charter city, while that person holds that office, to solemnize a marriage ceremony. This bill was vetoed by Governor Schwarzenegger. AB 2600 (Ma & Lieu, Ch. 268, Stats. 2010) authorized an elected mayor of a city, while in that office, to solemnize a marriage ceremony, after the mayor obtains and reviews from the county clerk all available instructions for marriage solemnization before the mayor first solemnizes a marriage. SB 875 (Gaines) Page 5 of ? **************