BILL ANALYSIS Ó SB 875 Page 1 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 SB 875 Page 2 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 SB 875 Page 3 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 SB 875 Page 4 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 SB 875 Page 5 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 SB 875 Page 6