BILL ANALYSIS
SENATE JUDICIARY COMMITTEE
Senator Ellen M. Corbett, Chair
2009-2010 Regular Session
AB 967 (Ma)
As Amended January 7, 2010
Hearing Date: June 10, 2010
Fiscal: No
Urgency: No
KB
SUBJECT
Marriage
DESCRIPTION
This bill, sponsored by the mayor of Los Angeles Antonio
Villaraigosa, would authorize an elected mayor of a charter city
to solemnize a marriage ceremony while that person holds office.
(This analysis reflects author's amendments to be offered in
committee.)
BACKGROUND
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, during the time period
that those individuals are holding offices. (AB 1094 (Committee
on 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.
Further, 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 would also authorize directly elected mayors of
charter cities to perform marriages while they hold office.
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AB 967 (Ma)
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CHANGES TO EXISTING LAW
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. (Fam. Code Sec. 400.)
This bill would authorize an elected mayor of a charter city to
solemnize a marriage ceremony while that person holds office.
COMMENT
1. Stated need for the bill
The author states:
AB 967 will allow elected mayors of cities to solemnize
marriage ceremonies while they hold office. Currently, mayors
must be deputized by county clerks each day they plan to
perform the ceremony. At least 13 other states currently
authorize mayors to solemnize marriages, including Michigan,
Pennsylvania, New Jersey and New York.
By authorizing mayors to perform marriages just as state
legislators, officers and justices currently do, AB 967 will
streamline the authorization process, relieve counties'
caseloads, and provide citizens with more options as they
choose their wedding officiants.
2. Author's amendments would limit authorization to directly
elected mayors of charter cities to perform marriages
Existing law authorizes specified legislators, constitutional
officers, and California Members of Congress to solemnize
marriages while those persons are currently holding that office.
(Fam. Code Sec. 400.) Mayors are currently not authorized to
perform marriage ceremonies, and must be deputized by county
clerks prior to performing each ceremony. This bill would
authorize directly elected mayors of charter cities to perform
marriages while they hold office.
Pursuant to the California Constitution, cities are authorized
to adopt charters by a majority vote of its electors voting on
the question. (Cal Const., art. XI, Sec. 3.) City charters
AB 967 (Ma)
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adopted pursuant to the Constitution supersede existing
charters, and with respect to municipal affairs, supersede all
laws inconsistent therewith. (Cal. Const., art. XI, Sec. 5(a).)
Thus, a charter city's law concerning a municipal affair will
trump a state law governing the same topic. In addition,
charter cities are not bound by the California Elections Code
and may establish their own election dates, rules, and
procedures. (Cal. Const. art. XI, Sec. 5(b); Cal. Elec. Code
Sec. 10101 et seq.) There are approximately 115 charter cities
in California.
Cities that have not adopted a charter are general law cities
and are bound by the state's general law, even with respect to
municipal affairs. In general law cities, the mayor's position
rotates among members of the city council, depending on which
person receives the most number of votes in a council election.
The powers and duties of a mayor may also vary significantly
between charter and general law cities depending on a city's
charter. In addition, the terms of office for directly elected
mayors in charter cities tend to be longer than those in general
law cities. For example, in charter cities where the mayor is
elected for four year terms with two term limits (such as Los
Angeles), the mayor could be in office for a total of eight
years. This is comparable to the term lengths of state
legislators who currently are statutorily authorized to perform
marriages.
The author has offered amendments to limit the scope of the bill
to mayors who have been directly elected into that office to
solemnize marriages. The amendments are as follows:
On page 2, strike line 24 and insert: "(f) A mayor of a
charter 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."
Support : None Known
Opposition : None Known
HISTORY
AB 967 (Ma)
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Source : Mayor Antonio Villaraigosa
Related Pending Legislation : AB 1265 is identical to this bill.
That bill is currently in the Senate Rules Committee.
Prior Legislation : See Background.
Prior Vote :
Assembly Judiciary Committee (Ayes 9, Noes 0)
Assembly Floor (Ayes 71, Noes 0)
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