BILL ANALYSIS                                                                                                                                                                                                    Ó




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          |SENATE RULES COMMITTEE            |                        SB 875|
          |Office of Senate Floor Analyses   |                              |
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                                      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.)








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          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  








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          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








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