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
CONTINUED
AB 1265
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2
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,
AB 1265
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3
"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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