BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 967|
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THIRD READING
Bill No: AB 967
Author: Ma (D) and Lieu (D), et al
Amended: 6/16/10 in Senate
Vote: 21
SENATE JUDICIARY COMMITTEE : 5-0, 6/10/10
AYES: Corbett, Harman, Hancock, Leno, Walters
ASSEMBLY FLOOR : 71-0, 1/19/10 (Consent) - See last page
for vote
SUBJECT : Marriages
SOURCE : Los Angeles Mayor Antonio Villaraigosa
DIGEST : This bill authorizes an elected mayor of a
charter city to solemnize a marriage ceremony while that
person holds office.
ANALYSIS : 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. (Family Code Section 400.)
This bill authorizes an elected mayor of a charter city to
solemnize a marriage ceremony while that person holds
office.
CONTINUED
AB 967
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2
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 [Assembly
Judiciary Committee], 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 authorizes directly elected mayors of charter
cities to perform marriages while they hold office.
Related Pending Legislation
AB 1265 (Ma) is identical to this bill. That bill is
currently in the Senate Rules Committee.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 6/16/10)
Los Angeles Mayor Antonio Villaraigosa (source)
ARGUMENTS IN SUPPORT : The author's office states that
this bill allows 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.
AB 967
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By authorizing mayors to perform marriages just as state
legislators, officers and justices currently do, this bill
will streamline the authorization process, relieve
counties' caseloads, and provide citizens with more options
as they choose their wedding officiants.
ASSEMBLY FLOOR :
AYES: Adams, Ammiano, Anderson, Arambula, Beall, Bill
Berryhill, Tom Berryhill, Blakeslee, Block, Blumenfield,
Bradford, Buchanan, Caballero, Chesbro, Conway, Cook,
Coto, De La Torre, De Leon, DeVore, Emmerson, Eng, Evans,
Feuer, Fletcher, Fong, Fuentes, Fuller, Furutani, Gaines,
Galgiani, Garrick, Gilmore, Hagman, Harkey, Hayashi,
Hernandez, Hill, Huber, Huffman, Jeffries, Jones, Knight,
Lieu, Logue, Ma, Mendoza, Miller, Monning, Nava,
Nestande, Niello, Nielsen, John A. Perez, V. Manuel
Perez, Portantino, Ruskin, Salas, Saldana, Silva,
Skinner, Smyth, Solorio, Audra Strickland, Swanson,
Torlakson, Torres, Torrico, Tran, Villines, Yamada
NO VOTE RECORDED: Brownley, Charles Calderon, Carter,
Davis, Hall, Bonnie Lowenthal, Bass
RJG:do 6/16/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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