BILL ANALYSIS �
SB 991
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Date of Hearing: June 19, 2012
ASSEMBLY COMMITTEE ON JUDICIARY
Mike Feuer, Chair
SB 991 (Runner and Wright) - As Amended: May 8, 2012
PROPOSED CONSENT
SENATE VOTE : 37-0
SUBJECT : Marriage: solemnization
KEY ISSUE : SHOULD COUNTY SUPERVISORS BE ADDED TO THE LIST OF
INDIVIDUALS AUTHORIZED TO PERFORM MARRIAGES?
SYNOPSIS
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; and, while they hold those
offices, California legislators, constitutional officers,
elected mayors, and members of Congress from California. This
bill expands the list of those authorized to solemnize marriages
to include county supervisors, while they hold that office.
There is no known opposition.
SUMMARY : Authorizes a county supervisor to solemnize a
marriage. Specifically, this bill :
1)Authorizes a county supervisor, while that person holds the
office, to solemnize a marriage ceremony.
2)Requires the county supervisor to obtain and review from the
county clerk all available instructions for marriage
solemnization before the county supervisor first solemnizes a
marriage.
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.)
SB 991
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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. (Section 400.)
3)Provides that an elected mayor may solemnize marriage while he
or she holds office. Further 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. (Section 400.1.)
4)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. (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 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 and 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.) 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) Chapter 268, Statutes of
2010.)
This bill would additionally authorize a county supervisor to
solemnize a marriage while he or she holds office after
reviewing all available instructions for marriage solemnization
from the county clerk. Allowing county supervisors to solemnize
marriages in a manner identical to that of mayors appears
appropriate because the required review of information from the
county clerk would impose a standard level of knowledge and
proficiency in the solemnization of marriage ceremonies.
SB 991
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According to the author's office, county supervisors represent
large constituencies. In some cases, the districts are larger
in area and/or population than local congressional or
legislative districts. Furthermore, the California State
Association of Counties and the Urban Counties Caucus note that
county supervisors are involved in a variety of civil duties
that support the well-being of their communities. County
supervisors, not unlike the elected officials currently
authorized to solemnize marriages, would welcome being given the
authority to solemnize the marriages of constituents, friends,
and family.
REGISTERED SUPPORT / OPPOSITION :
Support
California State Association of Counties (CSAC)
Urban Counties Caucus
Riverside County Board of Supervisors
Opposition
None on file
Analysis Prepared by : Drew Liebert / JUD. / (916) 319-2334