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 Page 2 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 Page 3 Opposition None on file Analysis Prepared by : Leora Gershenzon / JUD. / (916) 319-2334