BILL ANALYSIS �
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|SENATE RULES COMMITTEE | SB 991|
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THIRD READING
Bill No: SB 991
Author: Runner (R) and Wright (D)
Amended: 5/8/12
Vote: 21
SENATE JUDICIARY COMMITTEE : 5-0, 5/1/12
AYES: Evans, Harman, Blakeslee, Corbett, Leno
SUBJECT : Marriage: solemnization
SOURCE : Author
DIGEST : This bill authorizes a county supervisor to
solemnize a marriage ceremony while that person holds
office.
ANALYSIS : Existing law 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. (Family Code (FAM) Section 400)
Existing law provides that an elected mayor may solemnize
marriage ceremonies while he or she holds office. Existing
law requires such a mayor to obtain and review from the
county clerk all available instructions for marriage
solemnization before the mayor first solemnizes a marriage.
(FAM Section 400.1)
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SB 991
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Existing law 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 Section 401)
This bill provides that in addition to the persons
specified in FAM Section 400, marriage may also be
solemnized by a county supervisor, or mayor of a city
elected in accordance with Article 3 (commencing with
Section 34900) of Chapter 4 of Part 1 of Division 2 of
Title 4 of the Government Code, while that person holds
office. The county supervisor or mayor shall obtain and
review from the county clerk all available instructions for
marriage solemnization before the county supervisor or
mayor first solemnizes a marriage.
Prior Legislation
AB 967 (Ma and Lieu, 2010) would have authorized an elected
mayor of a chartered city, while that person holds that
office, to solemnize a marriage ceremony. The bill passed
the Senate (32-0) on June 28, 2012, but was vetoed by the
Governor.
AB 2600 (Ma and Lieu), Chapter 268, Statutes of 2010,
authorized an elected mayor of a city, while in that
office, to solemnize a marriage ceremony, after the mayor
obtains and reviews from the county clerk all available
instructions for marriage solemnization before the mayor
first solemnizes a marriage. The bill passed the Senate
(32-1) on August 31, 2010 (NOES: Hollingsworth).
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 5/8/12)
California State Association of Counties
ARGUMENTS IN SUPPORT : The author writes, "County
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Supervisors hold a critically important position in local
government. They are highly visible members of their
communities and are frequently invited to attend and
participate in all manner of local events. Often, they are
asked to perform marriage ceremonies, but due to current
law, are unable to do this.
County Supervisors, not unlike the elected official
currently authorized to solemnize marriages, would welcome
being given the authority to solemnize the marriages of
constituents, friends, and family."
In support of the authority proposed by this bill, the
California State Association of Counties writes, "County
supervisors represent broad constituencies across our
state's 58 counties. Supervisors carry out important
functions within their communities and are involved in a
variety of civil duties that support the well-being of
their communities. Giving county supervisors the ability
to conduct civil marriages makes a great deal of sense and
will permit our local elected leaders to participate
meaningfully in the marriage ceremonies of family, friends
and constituents, if asked."
RJG:mw 5/9/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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