California Senate Bill SB875 Amended / Bill

 BILL NUMBER: SB 875AMENDED BILL TEXT AMENDED IN ASSEMBLY JUNE 1, 2016 AMENDED IN SENATE MARCH 8, 2016 INTRODUCED BY Senator Gaines JANUARY 14, 2016 An act to amend Section  400.1 of   400 of, and to repeal Section 400.1 of,  the Family Code, relating to marriage. LEGISLATIVE COUNSEL'S DIGEST SB 875, as amended, Gaines. Solemnization of marriage: county sheriff. Existing law authorizes specified individuals to solemnize a marriage, including, among others, an authorized person of any religious denomination, a judge or magistrate, a  legislator   current Member of the Legislature  or constitutional officer of this state, and a  current  Member of Congress  of the United States  who represents a district within this state, as specified. Existing law additionally authorizes a county supervisor, a city clerk, and a mayor, as specified, to solemnize a marriage, while that person holds office. Existing law requires the county supervisor, city clerk, or mayor to obtain and review from the county clerk all available instructions for marriage solemnization before that person first solemnizes a marriage. This bill would additionally authorize a county  sheriff   sheriff, while that person holds office,  to solemnize a  marriage and would impose the above requirements for a county supervisor, city clerk, or mayor on the county sheriff.   marriage. The bill would delete the requirement that county supervisors, city clerks, and elected   mayors obtain and review all available instructions for marriage solemnization b   efore first solemnizing a marriage. The bill would make conforming changes.  Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:  SECTION 1.   Section 400 of the   Family Code   is amended to read:  400. Although marriage is a personal relation arising out of a civil, and not a religious, contract, a marriage may be solemnized by any of the following who  is   are  18 years of age or older: (a) A priest, minister, rabbi, or authorized person of any religious denomination. A person authorized by this subdivision shall not be required to solemnize a marriage that is contrary to the tenets of his or her faith. Any refusal to solemnize a marriage under this subdivision, either by an individual or by a religious denomination, shall not affect the tax-exempt status of any entity. (b) A judge or retired judge, commissioner of civil marriages or retired commissioner of civil marriages, commissioner or retired commissioner, or assistant commissioner of a court of record in this state. (c) A judge or magistrate who has resigned from office. (d) Any of the following judges or magistrates of the United States: (1) A justice or retired justice of the United States Supreme Court. (2) A judge or retired judge of a court of appeals, a district court, or a court created by an act of Congress the judges of which are entitled to hold office during good behavior. (3) A judge or retired judge of a bankruptcy court or a tax court. (4) A United States magistrate or retired magistrate. (e) A  legislator   Member of the Legislature  or constitutional officer of this state or a Member of Congress  of the United States  who represents a district within this state, while that person holds office.  (f) A county supervisor, a county sheriff, the city clerk of a charter city or serving in accordance with subdivision (b) of Section 36501 of the Government Code, or a 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.   SEC. 2.   Section 400.1 of the   Family Code   is repealed.   400.1. In addition to the persons specified in Section 400, marriage may also be solemnized by a county supervisor, the city clerk of a charter city or serving in accordance with subdivision (b) of Section 36501 of the Government Code, or a 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, the city clerk, or mayor shall obtain and review from the county clerk all available instructions for marriage solemnization before the county supervisor, the city clerk, or mayor first solemnizes a marriage.   SECTION 1.   Section 400.1 of the Family Code is amended to read: 400.1. In addition to the persons specified in Section 400, marriage may also be solemnized by a county supervisor, a county sheriff, the city clerk of a charter city or serving in accordance with subdivision (b) of Section 36501 of the Government Code, or a 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, county sheriff, city clerk, or mayor shall obtain and review from the county clerk all available instructions for marriage solemnization before the county supervisor, county sheriff, city clerk, or mayor first solemnizes a marriage.