BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     SB 875


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          Date of Hearing:   June 8, 2016


                           ASSEMBLY COMMITTEE ON JUDICIARY


                                  Mark Stone, Chair


          SB  
          875 (Gaines) - As Amended June 1, 2016


                                  PROPOSED CONSENT

          SENATE VOTE:  38-0


          SUBJECT:  Solemnization of marriage:  county sheriffs


          KEY ISSUE:  SHOULD COUNTY SHERIFFS BE PERMITTED TO SOLEMNIZE  
          MARRIAGES AND SHOULD THE REQUIREMENT THAT SOME, BUT NOT ALL,  
          GOVERNMENT OFFICIALS RECEIVE SPECIFIC INSTRUCTIONS BEFORE THEY  
          CAN SOLEMNIZE MARRIAGES BE ELIMINATED?

                                      SYNOPSIS


          A marriage in California is not valid unless it is solemnized by  
          an authorized individual.  Under current law, marriages may be  
          solemnized by authorized persons of any religious denomination;  
          judges, commissioners, and magistrates; and, while they hold  
          office, California legislators, constitutional officers, elected  
          mayors, county supervisors and members of Congress.  Also some  
          of those allowed to solemnize marriages, including legislators  
          and constitutional officers, may do so with no pre-conditions,  
          while others, including county supervisors and mayors, are  
          required to first obtain and review instructional materials  








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          before solemnizing any marriages.


          This bill expands the list of persons who are authorized to  
          solemnize marriages to include county sheriffs.  This bill also  
          deletes the requirement that county supervisors, mayors and city  
          clerks must obtain and review instructional materials before  
          solemnizing any marriages.  The author states that county  
          sheriffs should be permitted to solemnize marriages in order to  
          "honor men and women who sacrifice much for their constituents'  
          safety."  This bill has no known opposition.


          SUMMARY:  Expands who may solemnize marriages in California to  
          include county sheriffs.  Specifically, this bill:  


          1)Permits a county sheriff to solemnize a marriage.


          2)Eliminates the requirement that before a county supervisor,  
            mayor or city clerk of a charter city, as provided, may  
            solemnize a marriage he or she must first obtain and review  
            from the county clerk all available instructions for marriage  
            solemnization.


          EXISTING LAW:   


          1)For a marriage to be valid, requires the consent of the  
            parties, followed by the issuance of a license and  
            solemnization, as provided.  (Family Code Section 300.  All  
            further statutory references are to that code unless otherwise  
            stated.)
          2)Provides that a marriage may be solemnized by authorized  
            persons of any religious denomination, by California  
            legislators, constitutional officers and members of Congress,  
            while those persons hold those offices, and by specified  








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            justices, judges, and magistrates, both current and retired.   
            (Section 400.)  


           3)Provides that a county supervisor, elected mayor and city  
            clerk, as specified, may solemnize a marriage while he or she  
            holds that office.  Further requires that the supervisor,  
            mayor or city clerk must first obtain and review from the  
            county clerk all available instructions for marriage  
            solemnization before the supervisor, mayor or city clerk may  
            solemnize a marriage.  (Section 400.1.)  


           4)Provides that the county clerk is designated as a commissioner  
            of civil marriages for each county.  Allows the commissioner  
            of civil marriages to appoint deputy commissioners of civil  
            marriages who may solemnize marriages under the direction of  
            the commissioner of civil marriages and perform other duties  
            directed by the commissioner.  (Section 401.)  


           FISCAL EFFECT:  As currently in print this bill is keyed  
          non-fiscal.


          COMMENTS:  A marriage is not valid unless it is solemnized by an  
          authorized individual.  Under current 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 and constitutional  
          officers and members of Congress from California, during the  
          time period that those individuals hold those offices.  (AB 1094  
          (Judiciary), Chap. 932, Stats. 1998.)  In 2010, elected mayors  
          were also authorized to solemnize marriage ceremonies, as long  
          as they first receive training from the county clerk.  (AB 2600  
          (Ma & Lieu), Chap. 268, Stats. 2010.)  In 2012, county  
          supervisors were authorized to solemnize marriage ceremonies,  
          again as long as they first receive training from the county  
          clerk.  (SB 991 (Runner), Chap. 63, Stats. 2012.)  Finally, in  








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          2014, city clerks were added, again as long as they first  
          receive training from the county clerk.  (AB 1525 (Lowenthal),  
          Chap. 450, Stats. 2014.)  


          This bill again expands the list of those who are authorized to  
          solemnize marriages, this time to include county sheriffs.  This  
          bill also deletes the requirement that county supervisors,  
          mayors and city clerks must obtain and review instructional  
          materials before solemnizing any marriages.  


          In support of the bill, the author states:


          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.  


          Sheriffs would not be obligated to perform these ceremonies  
          but would be given the option if they desire.  Granting  
          this option would honor men and women who sacrifice much  
          for their constituents' safety.


          After a 15-year hodgepodge expansion of the list of persons who  
          may solemnize marriages, this bill seeks to provide some  
          uniformity to the rules by deleting the requirement that some  
          officials, but not all, are required to receive instruction  
          before solemnizing a marriage.  It is unclear why, for example,  
          mayors and county supervisors need that instruction, but a  
          member of the Legislature or a religious official do not.  This  
          bill eliminates the instruction requirement for all parties.   
          However, it is still assumed that if an authorized individual  








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          does not understand what is required to solemnize a marriage, he  
          or she will learn what is required before officiating at the  
          ceremony.


          This bill is consistent with legislation passed earlier this  
          year.  Earlier this year, this Committee and the full Assembly  
          unanimously passed AB 2761 (Low), which expands the list of  
          persons who may solemnize marriages in California to include  
          former elected officials.  And, like this bill, AB 2761 deletes  
          the requirement that county supervisors, mayors and city clerks  
          must first obtain and review instructional materials before  
          solemnizing any marriages.  Thus, both bills are consistent.


          REGISTERED SUPPORT / OPPOSITION:




          Support


          None of file




          Opposition


          None on file




          Analysis Prepared by:Leora Gershenzon / JUD. / (916)  
          319-2334









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