BILL ANALYSIS
AB 967
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 967 (Ma and Lieu)
As Amended June 16, 2010
Majority vote
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|ASSEMBLY: |71-0 |(January 19, |SENATE: |32-0 |(June 28, |
| | |2010) | | |2010) |
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Original Committee Reference: E.S. & T.M.
SUMMARY : Authorizes a mayor of a charter city, while that
person holds the office, to solemnize a marriage ceremony.
The Senate amendments provide that a mayor of a charter city may
solemnize a marriage, provided the mayor is from a charter city.
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 was substantially similar
to the version approved by the Senate, except that it applied to
mayors of all cities.
FISCAL EFFECT : None
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
AB 967
Page 2
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 mayor of charter cities, while they hold
that office.
In support of the bill, the author writes:
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.
Analysis Prepared by : Leora Gershenzon / JUD. / (916)
319-2334
FN: 0004946