BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 875|
|Office of Senate Floor Analyses | |
|(916) 651-1520 Fax: (916) | |
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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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