BILL NUMBER: AB 2600	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 31, 2010
	AMENDED IN SENATE  AUGUST 20, 2010
	AMENDED IN ASSEMBLY  MARCH 25, 2010

INTRODUCED BY   Assembly Member Ma
   (Coauthor: Assembly Member Lieu)

                        FEBRUARY 19, 2010

   An act to  amend Section 400 of   add Section
400.1 to  the Family Code, relating to marriage and declaring
the urgency thereof, to take effect immediately.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2600, as amended, Ma. Marriage: solemnization.
   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.
   This bill would authorize an elected mayor of a city, while that
person holds that office, to solemnize a marriage ceremony, and would
require the mayor to obtain and review from the county clerk all
available instructions for marriage solemnization before the mayor
first solemnizes a marriage.
   This bill would declare that it is to take effect immediately as
an urgency statute.
   Vote: 2/3. Appropriation: no. Fiscal committee: no. State-mandated
local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 400.1 is added to the 
 Family Code   , to read:  
   400.1.  In addition to the persons specified in Section 400,
marriage may also be solemnized by 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 mayor shall obtain and review from the
county clerk all available instructions for marriage solemnization
before the mayor first solemnizes a marriage.  
  SECTION 1.    Section 400 of the Family Code is
amended to read:
   400.  Marriage may be solemnized by any of the following who is 18
years of age or older:
   (a) A priest, minister, rabbi, or authorized person of any
religious denomination.
   (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 or constitutional officer of this state or a
Member of Congress who represents a district within this state, while
that person holds office.
   (f) 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 mayor shall obtain and review from the county clerk all available
instructions for marriage solemnization before the mayor first
solemnizes a marriage. 
  SEC. 2.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
   In order to relieve the workloads of county clerks who currently
deputize mayors as deputy commissioners of civil marriage prior to
the solemnization of a marriage, and to provide citizens with more
options as they choose their wedding officiants, it is necessary that
this act take effect immediately.