BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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          |SENATE RULES COMMITTEE            |                  AB 1265|
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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  :     Office of City of Los Angeles Mayor Antonio  
          Villaraigosa


           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  
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             commissioner of a court of record in this state.

          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

          SUPPORT  :   (Verified  9/4/09)

          Office of City of Los Angeles Mayor Antonio Villaraigosa  
          (source)

           ARGUMENTS IN SUPPORT  :    According to the bill's sponsor,  







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          "Currently, mayors must be deputized by county clerks  
          before performing each ceremony.  At least 13 other states  
          currently authorize mayors to solemnize marriages,  
          including Michigan, Pennsylvania, New Jersey, and New York.  
           AB 1265 would authorize elected mayors of charter cities  
          to perform marriages just as state legislators, officers  
          and justices currently do.  It would streamline the  
          authorization process, relieve counties' caseloads, and  
          provide citizens with more options as they choose their  
          wedding officiants."

          RJG:mw  9/4/09   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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