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 ? 


                                   **************