BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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                                 THIRD READING


          Bill No:  AB 1265
          Author:   Ma (D), et al
          Amended:  9/2/09 in Senate
          Vote:     21

           
          PRIOR VOTES NOT RELEVANT 


           SUBJECT  :    Charter city mayors:  marriage ceremonies

           SOURCE  :     Author


           DIGEST  :    This bill statutorily expands the list of those  
          individuals who can perform a marriage ceremony to include  
          a sitting mayor of a charter city.

           Senate Floor Amendments  of 9/2/09 delete the current  
          contents of the bill and insert new provisions regarding  
          marriage ceremonies.

           ANALYSIS  :    Existing law provides that a marriage may be  
          solemnized by any of the following who is of the age of 18  
          years or older:

          1. A priest, minister, rabbi, or authorized person of any  
             religious denomination.

          2. 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.
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                                                               AB 1265
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          2


          3. A judge or magistrate who has resigned from office.

          4. Any of the following judges or magistrates of the United  
             States:

             A.    A justice or retired justice of the United States  
                Supreme Court.

             B.    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.

             C.    A judge or retired  judge of a bankruptcy court or  
                a tax court.

             D.    A United States magistrate or retired magistrate.

          5. A legislator or constitutional officer of this state or  
             a Member of Congress who represents a district within  
             this state, while that person holds office.

          This bill provides that a directly elected mayor a charter  
          city may solemnize marriages while that person holds  
          office.

           NOTE:  Most of California's incorporated communities are  
                 general law cities governed according to state  
                 statutes; charter cities operate largely in  
                 accordance with their own city charters.  Currently,  
                 there are approximately 114 charter cities in the  
                 state.

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

          RJG:mw  9/3/09   Senate Floor Analyses 

                       SUPPORT/OPPOSITION:  NONE RECEIVED

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