BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 967
                                                                  Page  1

          Date of Hearing:   January 12, 2010

                           ASSEMBLY COMMITTEE ON JUDICIARY
                                  Mike Feuer, Chair
                 AB 967 (Ma and Lieu) - As Amended:  January 7, 2010

                                  PROPOSED CONSENT

           SUBJECT  :   MARRIAGE:  SOLEMNIZATION

           KEY ISSUE  :  SHOULD MAYORS BE PERMITTED TO PERFORM MARRIAGES? 

           FISCAL EFFECT  :  As currently in print this bill is keyed  
          non-fiscal.

                                      SYNOPSIS
          
          A marriage is not valid unless it is solemnized by an authorized  
          individual.  Under current law, marriages may be solemnized by  
          authorized persons of any religious denomination; judges,  
          commissioners, and magistrates; and, while they hold those  
          offices, California legislators and constitutional officers and  
          members of Congress from California.  This bill, sponsored by  
          the Mayor of Los Angeles, expands the list of those authorized  
          to solemnize marriages to include city mayors, while they hold  
          that office.  In support of the bill, the author writes that  
          mayors must currently be deputized by county clerks before  
          performing marriage ceremonies.  This bill will "streamline the  
          authorization process, relieve counties' caseloads, and provide  
          citizens with more options as they choose their wedding  
          officiants."  There is no known opposition.

           SUMMARY  :  Authorizes a mayor of a city, while that person holds  
          the office, to solemnize a marriage ceremony.
           
          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.  (Family Code Section 300.  All  
            further statutory references are to that code unless otherwise  
            stated.)

          2)Provides that a marriage may be solemnized by authorized  
            persons of any religious denomination, by specified  








                                                                  AB 967
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            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.  (Section 400.)

           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), Chap. 932, Stats.  
          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 city mayors, 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.

           REGISTERED SUPPORT / OPPOSITION  :   

           Support  

          Mayor Antonio Villaraigosa (sponsor)








                                                                  AB 967
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           Opposition 
           
          None on file
          
          Analysis Prepared by  :  Leora Gershenzon / JUD. / (916) 319-2334