BILL ANALYSIS
AB 2600
Page 1
REPLACE - 8/26/2010 Changes per consultant.
CONCURRENCE IN SENATE AMENDMENTS
AB 2600 (Ma)
As Amended August 20, 2010
2/3 vote. Urgency
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|ASSEMBLY: | |(May 6, 2010) |SENATE: |34-0 |(August 25, |
| | | | | |2010) |
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(vote not relevant)
Original Committee Reference: B.,P. & C.P.
SUMMARY : Authorizes a mayor, while that person holds the
office, to solemnize a marriage ceremony. Requires the mayor to
obtain and review from the county clerk all available
instructions for marriage solemnization before the mayor first
solemnizes a marriage.
The Senate amendments delete the Assembly version of the bill,
and instead provide that a mayor may solemnize a marriage.
EXISTING LAW :
1)For a marriage to be valid, requires the consent of the
parties, followed by the issuance of a license and
solemnization, as provided.
2)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.
AS PASSED BY THE ASSEMBLY , this bill required the Medical Board
of California to consider including a continuing medical
education course in the diagnosis and treatment of hepatitis to
be taken by those whose practices may require such knowledge.
FISCAL EFFECT : None
AB 2600
Page 2
COMMENTS : A marriage is not valid unless it is solemnized by an
authorized individual. Under existing law, marriages may be
solemnized by authorized persons of any religious denomination,
judges, commissioners, and magistrates. In 1998, the list was
expanded to include California legislators and constitutional
officers and members of Congress from California, all while they
hold those offices (AB 1094 (Judiciary), Chapter 932, Statutes
of 1998). A county may also allow certain officials of
nonprofit religious institutions to solemnize the marriages of
the members of those institutions.
In addition, the county clerk, who is statutorily designated as
a commissioner of civil marriages in the county, may appoint
deputy commissioners of civil marriage, who may solemnize
marriages under the direction of the county clerk.
This bill expands the list of those authorized to solemnize
marriages to include mayors, while they hold that office. In
addition this bill requires that before a mayor first solemnizes
a marriage, he or she must obtain and review from the county
clerk all available instructions for marriage solemnization. The
requirement that mayors receive instruction from the county
clerks on marriage solemnization has cost implications for the
county clerks. Clerks note that they currently offer training
sessions for a fee ranging from $75 to $180. Those additional
costs raise Proposition 1A issues and could be passed onto the
state.
This bill is nearly identical to AB 967 (Ma), which applied to
all mayors when it originally passed the Assembly, but was
limited in the Senate to only mayors of charter cities and was
vetoed by the Governor based on that limitation.
Analysis Prepared by : Leora Gershenzon / JUD. / (916)
319-2334
FN: 0006637