BILL ANALYSIS Ó
SB 875
Page 1
SENATE THIRD READING
SB
875 (Gaines)
As Amended August 1, 2016
Majority vote
SENATE VOTE: 38-0
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|Committee |Votes|Ayes |Noes |
| | | | |
| | | | |
| | | | |
|----------------+-----+-----------------------+---------------------|
|Judiciary |9-0 |Mark Stone, Wagner, | |
| | |Burke, Chau, Chiu, | |
| | |Gallagher, | |
| | | | |
| | | | |
| | |Cristina Garcia, | |
| | |Holden, Ting | |
| | | | |
| | | | |
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SUMMARY: Expands who may solemnize marriages in California to
include county sheriffs. Specifically, this bill:
1)Permits a county sheriff to solemnize a marriage.
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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.
3)Adds chaptering out language for AB 2761 (Low) of the current
legislative session.
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 (FC) 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
justices, judges, and magistrates, both current and retired.
(FC 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. (FC 400.1.)
4)Provides that the county clerk is designated as a commissioner
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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. (FC 401.)
FISCAL EFFECT: None
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
(Committee on Judiciary), Chapter 932, Statutes of 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), Chapter 268, Statutes of 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), Chapter 63,
Statutes of 2012.) Finally, in 2014, city clerks were added,
again as long as they first receive training from the county
clerk. (AB 1525 (Lowenthal), Chapter 450, Statutes of 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:
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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
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, the 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.
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Analysis Prepared by:
Leora Gershenzon / JUD. / (916) 319-2334 FN:
0003633