BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 875| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- CONSENT Bill No: SB 875 Author: Gaines (R) Amended: 3/8/16 Vote: 21 SENATE JUDICIARY COMMITTEE: 6-0, 5/3/16 AYES: Jackson, Moorlach, Anderson, Leno, Monning, Wieckowski NO VOTE RECORDED: Hertzberg SUBJECT: Solemnization of marriage: county sheriff SOURCE: Author DIGEST: This bill authorizes a county sheriff to solemnize a marriage after obtaining and reviewing all available instructions from the county clerk for marriage solemnization. ANALYSIS: Existing law: 1)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.) 2)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.) SB 875 Page 2 3)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 additionally authorizes 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. 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, Chapter 268, Statutes of 2010; SB 991, Runner, Chapter 63, Statutes of. 2012; and AB 1525, Lowenthal Chapter 450, Statutes of 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 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 additionally authorizes a SB 875 Page 3 county sheriff to solemnize a marriage. FISCAL EFFECT: Appropriation: No Fiscal Com.:NoLocal: No SUPPORT: (Verified5/5/16) None received OPPOSITION: (Verified5/5/16) None received ARGUMENTS IN SUPPORT: According to the author: Under current California law, many elected officials are authorized to perform these ceremonies, including county 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. Prepared by:Nichole Rapier / JUD. / (916) 651-4113 5/6/16 14:26:25 SB 875 Page 4 **** END ****