BILL ANALYSIS �
AB 1525
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CONCURRENCE IN SENATE AMENDMENTS
AB 1525 (Lowenthal)
As Amended August 13, 2014
Majority vote
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|ASSEMBLY: |64-0 |(March 28, |SENATE: |28-8 |(August 18, |
| | |2014) | | |2014) |
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Original Committee Reference: JUD.
SUMMARY : Authorizes a city clerk, while that person holds the office,
to solemnize a marriage. Prior to first solemnizing a marriage,
requires the clerk to obtain and review from the county clerk all
available instructions for marriage solemnization.
The Senate amendments require the city clerk to review instructions
prior to his or her first marriage solemnization.
EXISTING LAW :
1)Requires for a marriage to be valid, 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.
3)Provides that a county supervisor or an elected mayor may solemnize
a marriage while he or she holds office. Further requires that the
supervisor or mayor obtain and review from the county clerk all
available instructions for marriage solemnization before the
supervisor or mayor first solemnizes a marriage.
4)Provides that the county clerk is designated as a commissioner of
civil marriages for each county. Allows the commissioner of civil
marriages to appoint deputy commissioners of civil marriages who may
solemnize marriages under the direction of the commissioner of civil
marriages and perform other duties directed by the commissioner.
FISCAL EFFECT : None
AB 1525
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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, this 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 office. (AB 1094 (Judiciary Committee),
Chapter 932, Statutes of 1998.) In 2010, elected mayors were also
authorized to solemnize marriage ceremonies, as long as they first
receive training from the county clerk. (AB 2600 (Ma), Chapter 268,
Statutes of 2010.) Most recently, in 2012, county supervisors were
authorized to solemnize marriage ceremonies, as long as they first
receive training from the county clerk. (SB 991 (Runner), Chapter 63,
Statutes of 2012.)
Analysis Prepared by : Leora Gershenzon / JUD. / (916) 319-2334 FN:
0004010