Existing law enumerates persons who are authorized to solemnize a marriage, including current Members of the Legislature, constitutional officers of this state, Members of Congress of the United States who represent a district within this state, elected mayors, city clerks, and county supervisors. Existing law requires county supervisors, city clerks, and elected mayors to obtain and review from the county clerk all available instructions for marriage solemnization before the county supervisor, city clerk, or mayor first solemnizes a marriage.

This bill would additionally authorize former Members of the Legislature and constitutional officers of this state, former Members of Congress of the United States who represented a district within this state, and current and former elected officials of a city, county, or city and county, to solemnize a marriage. The bill would remove the requirement that county supervisors, city clerks, and elected mayors obtain and review all available instructions for marriage solemnization before first solemnizing a marriage. The bill would prohibit a judge, elected official, or city clerk from accepting compensation for solemnizing a marriage and would prohibit those individuals from solemnizing a marriage if they have been removed from office due to committing an offense or have been convicted of a crime that involves moral turpitude, dishonesty, or fraud. The bill would make conforming changes.

Existing law enumerates persons who are authorized to solemnize a marriage, including current Members of the Legislature, constitutional officers of this state, Members of Congress of the United States who represent a district within this state, elected mayors, city clerks, and county supervisors. Existing law requires county supervisors, city clerks, and elected mayors to obtain and review from the county clerk all available instructions for marriage solemnization before the county supervisor, city clerk, or mayor first solemnizes a marriage.

This bill would additionally authorize former Members of the Legislature and constitutional officers of this state, former Members of Congress of the United States who represented a district within this state, and current and former elected officials of a city, county, or city and county, to solemnize a marriage. The bill would remove the requirement that county supervisors, city clerks, and elected mayors obtain and review all available instructions for marriage solemnization before first solemnizing a marriage. The bill would prohibit a judge, elected official, or city clerk from accepting compensation for solemnizing a marriage and would prohibit those individuals from solemnizing a marriage if they have been removed from office due to committing an offense or have been convicted of a crime that involves moral turpitude, dishonesty, or fraud. The bill would make conforming changes.

Existing law enumerates persons who are authorized to solemnize a marriage, including current Members of the Legislature, constitutional officers of this state, Members of Congress of the United States who represent a district within this state, elected mayors, city clerks, and county supervisors. Existing law requires county supervisors, city clerks, and elected mayors to obtain and review from the county clerk all available instructions for marriage solemnization before the county supervisor, city clerk, or mayor first solemnizes a marriage.

This bill would additionally authorize former Members of the Legislature and constitutional officers of this state, former Members of Congress of the United States who represented a district within this state, and current and former elected officials of a city, county, or city and county, to solemnize a marriage. The bill would remove the requirement that county supervisors, city clerks, and elected mayors obtain and review all available instructions for marriage solemnization before first solemnizing a marriage. The bill would prohibit any of the individuals listed above a judge, elected official, or city clerk from accepting compensation for solemnizing a marriage and would prohibit those individuals from solemnizing a marriage if they have been removed from office due to committing an offense or have been convicted of a crime that involves moral turpitude, dishonesty, or fraud. The bill would make conforming changes.

Existing law enumerates persons who are authorized to solemnize a marriage, including current Members of the Legislature, constitutional officers of this state, Members of Congress of the United States who represent a district within this state, elected mayors, city clerks, and county supervisors. Existing law requires county supervisors, city clerks, and elected mayors to obtain and review from the county clerk all available instructions for marriage solemnization before the county supervisor, city clerk, or mayor first solemnizes a marriage.

This bill would additionally authorize former Members of the Legislature and constitutional officers of this state, former Members of Congress of the United States who represented a district within this state, and current and former elected officials of a city, county, or city and county, to solemnize a marriage. The bill would remove the requirement that county supervisors, city clerks, and elected mayors obtain and review all available instructions for marriage solemnization before first solemnizing a marriage. The bill would prohibit any of the individuals listed above from accepting compensation for solemnizing a marriage and would prohibit those individuals from solemnizing a marriage if they have been removed from office due to committing an offense or have been convicted of a crime that involves moral turpitude, dishonesty, or fraud. The bill would make conforming changes.

Existing law enumerates persons who are authorized to solemnize a marriage, including current Members of the Legislature, constitutional officers of this state, Members of Congress of the United States who represent a district within this state, elected mayors, city clerks, and county supervisors. Existing law requires county supervisors, city clerks, and elected mayors to obtain and review from the county clerk all available instructions for marriage solemnization before the county supervisor, city clerk, or mayor first solemnizes a marriage.

This bill would additionally authorize former Members of the Legislature and constitutional officers of this state, former Members of Congress of the United States who represented a district within this state, and current and former elected officials of a city, county, or city and county, to solemnize a marriage. The bill would remove the requirement that county supervisors, city clerks, and elected mayors obtain and review all available instructions for marriage solemnization before first solemnizing a marriage. The bill would make conforming changes.

Existing law enumerates persons who are authorized to solemnize a marriage, including current Members of the Legislature, constitutional officers of this state, Members of Congress of the United States who represent a district within this state, elected mayors, and county supervisors.

This bill would additionally authorize former Members of the Legislature and constitutional officers of this state, former Members of Congress of the United States who represented a district within this state, and current and former elected officials of a city, county, or city and county, to solemnize a marriage. The bill would make conforming changes.

CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 2761

Author:(Low)

As Amended Ver:August 18, 2016

Majority vote

Original Committee Reference: JUD.

SUMMARY: Expands who may solemnize marriages in California to include former elected officials. Specifically, this bill:

1. Permits a former member of the Legislature, constitutional officer of this state or a former member of Congress from this state to solemnize a marriage.
2. Permits a person who holds or formerly held a city or county elected office to solemnize a marriage.
3. Requires that anyone permitted to solemnize a marriage be at least 18 years old.
4. Prevents an elected official from receiving compensation for solemnizing a marriage while holding office.
5. Prohibits former elected officials in 1) and 2) above, from solemnizing marriages if they have been removed from office due to committing an offense or convicted of an offense involving moral turpitude, dishonesty or fraud.
6. 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.

The Senate amendments require that officials who solemnize marriages be at least 18 years of age and that non-religious officiants do not accept compensation for the solemnization and do not solemnize marriages if they have committed specified offenses.

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.
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.
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.
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.

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 authorized to solemnize marriages, this time to include former California legislators, constitutional officers, members of Congress and city and county elected officials. This bill also deletes the requirement that county supervisors, mayors and city clerks must first obtain and review instructional materials before solemnizing any marriages.

In support of the bill, the author states:

Not only do legislators have the opportunity to enact policies to improve our state, they also have the opportunity to solemnize weddings. It's a unique opportunity that only a select few are able to perform. However, legislators are only able to do this while they are in office. Should a sitting member of the Legislature wish to officiate a wedding after his or her term in office, one would have to register with a county office to become a "deputy for the day," pay a fee to the county office, and in some cases, attend a class.

The law is inconsistent as it allows a retired California judge or commissioner and a retired [United States] US judge or magistrate to solemnize a wedding even after they've left their judgeship.

This bill simply brings uniformity to the Family Code, allowing a former member of the California Legislature or constitutional officer, or former Member of Congress to officiate a wedding.

After a 15-year hodgepodge expansion of who may solemnize marriages, this bill seeks to provide some uniformity to the rules. Like judges, elected officials will now be able to solemnize marriages after they have left office. This includes former legislators, constitutional officers, members of Congress and city and county elected officials, all from California. However, since city clerks' authority to solemnize marriages is indeed based on the position they hold, they will still only be permitted to do so while holding their office. Additionally, this bill deletes 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 does 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 also prevents officials from accepting compensation for the solemnizing marriages while holding office and prevents them from solemnizing marriages if they have committed specified offenses.

Analysis Prepared by: Leora Gershenzon / JUD. / (916) 319-2334 FN: 0004782

 THIRD READING 

Bill No: AB 2761

Author: Low (D)

Amended: 8/18/16 in Senate

Vote: 21

SENATE JUDICIARY COMMITTEE: 7-0, 6/14/16

AYES: Jackson, Moorlach, Anderson, Hertzberg, Leno, Monning, Wieckowski

ASSEMBLY FLOOR: 78-0, 5/9/16 (Consent) - See last page for vote  

SUBJECT: Marriage

SOURCE: Author

DIGEST: This bill authorizes former Members of the Legislature and constitutional officers of this state, former Members of Congress of the United States who represented a district within this state, and current and former elected officials of a city, county, or city and county, to solemnize a marriage. This bill removes the requirement that county supervisors, city clerks, and elected mayors obtain and review all available instructions for marriage solemnization before first solemnizing a marriage.

Senate Floor Amendments of 8/18/16 ensure that, like elected officials, judges may not accept compensation for solemnizing a marriage while serving on the bench, and prohibits judges from solemnizing a marriage if they have been removed from the bench due to committing an offense or have been convicted of a crime that involves moral turpitude, dishonesty, or fraud.

ANALYSIS:

Existing law:

1. 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. Code Sec. 401.)
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. (Fam. Code Sec. 400.)
3. Provides that an elected mayor, county supervisor, or city clerk may solemnize marriage ceremonies while he or she holds office. Existing law requires such a mayor or county supervisor to obtain and review from the county clerk all available instructions for marriage solemnization before he or she first solemnizes a marriage. (Fam. Code Sec. 400.1.)

This bill:

1. Authorizes a former member of the Legislature, constitutional officer of this state or a former member of Congress from this state to solemnize a marriage.
2. Authorizes a person who holds or formerly held a city or county elected office to solemnize a marriage.
3. 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.
4. Prohibits any of the elected persons from accepting compensation for solemnizing a marriage and prohibits those individuals from solemnizing a marriage if they have been removed from office due to committing an offense or have been convicted of a crime that involves moral turpitude, dishonesty, or fraud.

Background

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, 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). Subsequently, elected mayors, county supervisors, and city clerks 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; SB 991, Runner, Chapter 63, Statutes of 2012; and Lowenthal Chapter 450, Statutes of 2014.)

Additionally, the county clerk, who is statutorily designated as a commissioner of civil marriages in the county, may appoint deputy commissioners of civil marriage, who may solemnize marriages under the direction of the county clerk. Deputy commissioners of civil marriage are authorized to perform one marriage ceremony for one specified couple. The deputizing process varies slightly from county to county, but generally an individual must receive instruction from the county clerk, pay a small fee, and be sworn in as a deputy commissioner of marriage before performing a ceremony. Seeking to create consistency among how those authorized to solemnize marriages are governed, this bill would expand the authority to perform marriages to all city and county elected officials and constitutional officers, and would eliminate the requirement that any elected official authorized to solemnize marriages first receive instruction from the county clerk.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

SUPPORT: (Verified 8/17/16)

None received

OPPOSITION: (Verified 8/17/16)

None received

ARGUMENTS IN SUPPORT: The author writes:

Not only do legislators have the opportunity to enact policies to improve our state, they also have the opportunity to solemnize weddings. It’s a unique opportunity that only a select few are able to perform. However, legislators are only able to do this while they are in office. Should a sitting member of the Legislature wish to officiate a wedding after his or her term in office, one would have to register with a county office to become a “deputy for the day,” pay a fee to the county office, and in some cases, attend a class.

The law is inconsistent as it allows a retired California judge or commissioner and a retired US judge or magistrate to solemnize a wedding even after they’ve left their judgeship.

This bill simply brings uniformity to the Family Code, allowing a former member of the California Legislature or constitutional officer, or former Member of Congress to officiate a wedding.

ASSEMBLY FLOOR: 78-0, 5/9/16

AYES: Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Gallagher, Cristina Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Quirk, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Rendon

NO VOTE RECORDED: Beth Gaines, Eduardo Garcia

Prepared by: Nichole Rapier / JUD. / (916) 651-4113

8/19/16 18:44:35

**** END ****

 THIRD READING 

Bill No: AB 2761

Author: Low (D)

Amended: 6/16/16 in Senate

Vote: 21

SENATE JUDICIARY COMMITTEE: 7-0, 6/14/16

AYES: Jackson, Moorlach, Anderson, Hertzberg, Leno, Monning, Wieckowski

ASSEMBLY FLOOR: 78-0, 5/9/16 (Consent) - See last page for vote  

SUBJECT: Marriage

SOURCE: Author

DIGEST: This bill authorizes former Members of the Legislature and constitutional officers of this state, former Members of Congress of the United States who represented a district within this state, and current and former elected officials of a city, county, or city and county, to solemnize a marriage. This bill removes the requirement that county supervisors, city clerks, and elected mayors obtain and review all available instructions for marriage solemnization before first solemnizing a marriage.

ANALYSIS:

Existing law:

1. 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. Code Sec. 401.)
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. (Fam. Code Sec. 400.)
3. Provides that an elected mayor, county supervisor, or city clerk may solemnize marriage ceremonies while he or she holds office. Existing law requires such a mayor or county supervisor to obtain and review from the county clerk all available instructions for marriage solemnization before he or she first solemnizes a marriage. (Fam. Code Sec. 400.1.)

This bill:

1. Authorizes a former member of the Legislature, constitutional officer of this state or a former member of Congress from this state to solemnize a marriage.
2. Authorizes a person who holds or formerly held a city or county elected office to solemnize a marriage.
3. 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.
4. Prohibits any of the elected persons from accepting compensation for solemnizing a marriage and prohibits those individuals from solemnizing a marriage if they have been removed from office due to committing an offense or have been convicted of a crime that involves moral turpitude, dishonesty, or fraud.

Background

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, 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). Subsequently, elected mayors, county supervisors, and city clerks 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; SB 991, Runner, Chapter 63, Statutes of 2012; and Lowenthal Chapter 450, Statutes of 2014.)

Additionally, the county clerk, who is statutorily designated as a commissioner of civil marriages in the county, may appoint deputy commissioners of civil marriage, who may solemnize marriages under the direction of the county clerk. Deputy commissioners of civil marriage are authorized to perform one marriage ceremony for one specified couple. The deputizing process varies slightly from county to county, but generally an individual must receive instruction from the county clerk, pay a small fee, and be sworn in as a deputy commissioner of marriage before performing a ceremony. Seeking to create consistency among how those authorized to solemnize marriages are governed, this bill would expand the authority to perform marriages to all city and county elected officials and constitutional officers, and would eliminate the requirement that any elected official authorized to solemnize marriages first receive instruction from the county clerk.

FISCAL EFFECT: Appropriation: No Fiscal Com.: No Local: No

SUPPORT: (Verified 6/17/16)

None received

OPPOSITION: (Verified 6/17/16)

None received

ARGUMENTS IN SUPPORT: The author writes:

Not only do legislators have the opportunity to enact policies to improve our state, they also have the opportunity to solemnize weddings. It’s a unique opportunity that only a select few are able to perform. However, legislators are only able to do this while they are in office. Should a sitting member of the Legislature wish to officiate a wedding after his or her term in office, one would have to register with a county office to become a “deputy for the day,” pay a fee to the county office, and in some cases, attend a class.

The law is inconsistent as it allows a retired California judge or commissioner and a retired US judge or magistrate to solemnize a wedding even after they’ve left their judgeship.

This bill simply brings uniformity to the Family Code, allowing a former member of the California Legislature or constitutional officer, or former Member of Congress to officiate a wedding.

ASSEMBLY FLOOR: 78-0, 5/9/16

AYES: Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Gallagher, Cristina Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Quirk, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Rendon

NO VOTE RECORDED: Beth Gaines, Eduardo Garcia

Prepared by: Nichole Rapier / JUD. / (916) 651-4113

6/17/16 15:03:55

**** END ****

SENATE JUDICIARY COMMITTEE

Senator Hannah-Beth Jackson, Chair

2015-2016 Regular Session

Bill No: AB 2761 (Author:Low)

Version: April 25, 2016

Hearing Date: June 14, 2016

Fiscal: No

Urgency: No

Consultant: NR

SUBJECT

Marriage

DESCRIPTION

This bill would authorize former Members of the Legislature and constitutional officers of this state, former Members of Congress of the United States who represented a district within this state, and current and former elected officials of a city, county, or city and county, to solemnize a marriage. This bill would remove the requirement that county supervisors, city clerks, and elected mayors obtain and review all available instructions for marriage solemnization before first solemnizing a marriage.

BACKGROUND

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, constitutional officers, and members of Congress from California, during the time period that those individuals are holding office. (AB 1094, Committee on Judiciary, Ch. 932, Stats. 1998). Subsequently, elected mayors, county supervisors, and city clerks were also authorized to solemnize marriage ceremonies, as long as they first receive training from the county clerk. (AB 2600, Ma & Lieu, Ch. 268, Stats. 2010; SB 991, Runner, Ch. 63, Stats. 2012; and Lowenthal Ch. 450, Stats. 2014.)

Additionally, the county clerk, who is statutorily designated as a commissioner of civil marriages in the county, may appoint deputy commissioners of civil marriage, who may solemnize marriages under the direction of the county clerk. Deputy commissioners of civil marriage are authorized to perform one marriage ceremony for one specified couple. The deputizing process varies slightly from county to county, but generally an individual must receive instruction from the county clerk, pay a small fee, and be sworn in as a deputy commissioner of marriage before performing a ceremony. Seeking to create consistency among how those authorized to solemnize marriages are governed, this bill would expand the authority to perform marriages to all city and county elected officials and constitutional officers, and would eliminate the requirement that any elected official authorized to solemnize marriages first receive instruction from the county clerk.

CHANGES TO EXISTING LAW

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. Code Sec. 401.)

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. (Fam. Code Sec. 400.)

Existing law provides that an elected mayor, county supervisor, or city clerk may solemnize marriage ceremonies while he or she holds office. Existing law requires such a mayor or county supervisor to obtain and review from the county clerk all available instructions for marriage solemnization before he or she first solemnizes a marriage. (Fam. Code Sec. 400.1.)

This bill would authorize a former member of the Legislature, constitutional officer of this state or a former member of Congress from this state to solemnize a marriage.

This bill would authorize a person who holds or formerly held a city or county elected office to solemnize a marriage.

This bill would eliminate 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.

COMMENT

1. Stated need for the bill

According to the author:

Not only do legislators have the opportunity to enact policies to improve our state, they also have the opportunity to solemnize weddings. It’s a unique opportunity that only a select few are able to perform. However, legislators are only able to do this while they are in office. Should a sitting member of the Legislature wish to officiate a wedding after his or her term in office, one would have to register with a county office to become a “deputy for the day,” pay a fee to the county office, and in some cases, attend a class.

The law is inconsistent as it allows a retired California judge or commissioner and a retired US judge or magistrate to solemnize a wedding even after they’ve left their judgeship.

This bill simply brings uniformity to the Family Code, allowing a former member of the California Legislature or constitutional officer, or former Member of Congress to officiate a wedding.

1. Would allow all elected city and county officials and constitutional officers to solemnize marriages

Traditionally, marriages were solemnized by a priest, minister, rabbi, or authorized person of any religious denomination, a judge, or a legislator while in office. Over the years the Legislature has added different persons to that list, including mayors, city clerks, and county supervisors. (See Fam. Code Secs. 400 and 400.1.)

This bill would allow elected officials (e.g., city and county officials, members of the California Legislature, California constitutional officers, and members of Congress of the United States representing districts in California) to solemnize marriages, while that official holds office, as well as after he or she leaves office. Or, in other words, regarding those persons with the existing authority to solemnize marriages, this bill would eliminate the instruction requirement under existing law and would allow all elected officials, and former elected officials to marry couples.

Allowing an elected individual, whether or not he or she is currently serving in office, to solemnize marriages would arguably allow couples to choose an officiant that has personal meaning to the couple without imposing a financial or administrative burden on that selected officiant. Be it the mayor from a person’s childhood, or the county supervisor who was a close family friend, individuals should be able to choose a person to solemnize a marriage who has personal significance to them. In addition, former elected officials who served their communities well are likely in great demand by individuals who were positively impacted by the official’s public service. These elected officials would benefit from not being required to apply, for each request to perform a ceremony, to the county supervisor in order to be deputized for the day.

That being said, corruption of public officials is not unheard of. For example, in 2010, five elected City Council members from the city of Bell were convicted on corruption charges. (Pringle, Bell pay scandal case sets precedent for future disputes, pension board says <http://www.latimes.com/local/lanow/la-me-ln-bell-pay-scandal-pension- disputes-20150625-story.html> [as of May 27, 2016].) Earlier this year, Senator Leland Yee of San Francisco was sentenced to five years in prison for corruption, and a few weeks ago an appellate court upheld the 2014 conviction of former Senator Roderick Wright for living outside the Inglewood-area district he was elected to represent. Accordingly, as a matter of public policy, the Legislature should consider whether extending the authority to solemnize marriages to elected officials should be limited to those officials who have not been found to have committed wrongdoing while in office. The following amendment would ensure that persons who have abused his or her position as an elected official would not be able to perform marriage ceremonies without first becoming deputized, as members of the general public are required to do.

Author’s amendment:

Amend the bill to ensure that individuals who are removed, or resign from office because of wrong doing which compromised his or her integrity in that official position may not solemnize marriages under the provisions of this bill.

Staff further notes that Family Code Sections 400 and 400.1, which this bill would amend, do not regulate an individual’s ability to charge a fee for solemnizing a marriage. This bill, which would extend the authority to solemnize a marriage to any elected official, would greatly expand the number of elected individuals who may perform ceremonies, and the Legislature, thus, may wish to be cognizant of potential abuse of an elected official’s position for monetary gain. Accordingly, the following amendment would provide that an elected official is not permitted to accept payment for the solemnizing of a marriage while he or she serves in office.

Author’s amendment:

On page 2, after line 25 add “(e) the following persons given that no person holding an elected office shall accept compensation for solemnizing a marriage while he or she holds office.”

1. Eliminating the requirement of instruction from the county clerk

This bill would eliminate the need for elected officials to receive instruction from the county clerk regarding marriage solemnization. While solemnizing a marriage and filling out the license are not difficult, mistakes (e.g., spelling errors, omissions, etc.) on a marriage license/certificate can be difficult to correct. If not corrected, either the marriage record will be inaccurate (which may require subsequently amending the marriage certificate through the Office of Vital Records) or the marriage may not be recorded with the state.

The process of obtaining a license and recording a marriage varies from county to county, but generally all California counties provide marriage licenses to couples getting married in the near future and most perform civil ceremonies for a small fee. Once a couple has obtained their marriage license and participated in a qualified ceremony, the marriage license becomes a marriage certificate which must be sent back to the county to be recorded. Regarding the specifics of solemnizing marriages, the county clerk, who is required to provide instruction on solemnizing marriages to individuals who seek to be deputized for one specific ceremony (see Background), would arguably be able to provide instruction to any official who requests information prior to performing a ceremony, thereby ensuring elected officials have access to the information required to correctly solemnize a marriage.

Support: None Known

Opposition: None Known

HISTORY

Source: Author

Related Pending Legislation: AB 875 (Gaines) would authorize a county sheriff to solemnize a marriage after obtaining and reviewing all available instructions from the county clerk for marriage solemnization. This bill is currently in the Assembly Judiciary Committee.

Prior Legislation:

AB 1525 (Lowenthal, Ch. 450, Stats. 2014) authorized a city clerk to solemnize a marriage after the city clerk obtains and reviews from the county clerk all available instructions for marriage solemnization before the city clerk first solemnizes a marriage.

SB 991 (Runner, Ch. 63, Stats. 2012) See Background.

AB 967 (Ma & Lieu. 2010) would have authorized an elected mayor of a charter city, while that person holds that office, to solemnize a marriage ceremony. This bill was vetoed by Governor Schwarzenegger.

AB 2600 (Ma, Ch. 268, Stats. 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.

Prior Vote:

Assembly Floor (Ayes 78, Noes 0)

Assembly Judiciary Committee (Ayes 10, Noes 0)

**************

Date of Hearing: May 3, 2016

ASSEMBLY COMMITTEE ON JUDICIARY

Mark Stone, Chair

ABPCA Bill Id:AB 2761

Author:(Low) – As Amended Ver:April 25, 2016

PROPOSED CONSENT

SUBJECT: Marriage: solemnization

KEY ISSUE: SHOULD FORMER ELECTED OFFICIALS, LIKE FORMER JUDGES, BE PERMITTED TO SOLEMNIZE MARRIAGES AND SHOULD THE REQUIREMENT THAT SOME, BUT NOT ALL, GOVERNMENT OFFICIALS RECEIVE SPECIFIC INSTRUCTIONS BEFORE THEY CAN SOLEMNIZE MARRAIGES 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 those offices, 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 obtain and review instructional materials before solemnizing any marriages.

This bill expands the list of those authorized to solemnize marriages to include former California legislators, constitutional officers, members of Congress and city and county elected officials. This bill also deletes the requirement that county supervisors, mayors and city clerks must first obtain and review instructional materials before solemnizing any marriages. The author states that this bill brings needed uniformity to the solemnization rules. This bill has no known opposition.

SUMMARY: Expands who may solemnize marriages in California to include former elected officials. Specifically, this bill:

1. Permits a former member of the Legislature, constitutional officer of this state or a former member of Congress from this state to solemnize a marriage.
2. Permits a person who holds or formerly held a city or county elected office to solemnize a marriage.
3. 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 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 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 authorized to solemnize marriages, this time to include former California legislators, constitutional officers, members of Congress and city and county elected officials. This bill also deletes the requirement that county supervisors, mayors and city clerks must first obtain and review instructional materials before solemnizing any marriages.

In support of the bill, the author states:

Not only do legislators have the opportunity to enact policies to improve our state, they also have the opportunity to solemnize weddings. It’s a unique opportunity that only a select few are able to perform. However, legislators are only able to do this while they are in office. Should a sitting member of the Legislature wish to officiate a wedding after his or her term in office, one would have to register with a county office to become a “deputy for the day," pay a fee to the county office, and in some cases, attend a class.

The law is inconsistent as it allows a retired California judge or commissioner and a retired US judge or magistrate to solemnize a wedding even after they’ve left their judgeship.

This bill simply brings uniformity to the Family Code, allowing a former member of the California Legislature or constitutional officer, or former Member of Congress to officiate a wedding.

After a 15-year hodgepodge expansion of who may solemnize marriages, this bill seeks to provide some uniformity to the rules. Like judges, elected officials will now be able to solemnize marriages after they have left office. This includes former legislators, constitutional officers, members of Congress and city and county elected officials, all from California. However, since city clerks' authority to solemnize marriages is indeed based on the position they hold, they will still only be permitted to do so while holding their office. Additionally, this bill deletes 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 does 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.

REGISTERED SUPPORT / OPPOSITION:

Support

None on file

Opposition

None on file

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