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RESOLUTION (ID # 3690) DOC ID: 3690 B
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
t Information/Report
From: Georgeann "Gigi" Hanna M/CC Meeting Date: 02/02/2015
Prepared by: Georgeann "Gigi" Hanna,
Dept: City Clerk Ward(s): All
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino Setting the
Fee for City Clerk Solemnization of Marriage. (#3690)
Current Business Registration Certificate: Not Applicable
Financial Impact:
Account Budgeted Amount: <<Insert Amount>> Account No. <<Insert Account
No.>>
Account Description: <<Insert Account Description>>
Balance as of: <<Insert Date>>
Balance after approval of this item: <<Insert Amount>>
Please note this balance does not indicate available funding. It does not include non-
encumbered reoccurring expenses or expenses incurred, but not yet processed.
Motion: Adopt the Resolution.
Background
Until recently, existing law provided 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, by specified justices, judges, and magistrates, both current and retired, by the
county clerk, and by a county supervisor or an elected city mayor, as specified. AB 1525
(Lowenthal), passed in 2014, extended the right to solemnize marriage to City Clerks in
Charter cities, effective January 1, 2015.
Currently, residents seeking a civil ceremony may choose to say their vows at the
County Recorder's office, for the cost of $65 (ceremony only). Based on the change in
law from AB 2515, the City Clerk's Office will begin to make this service available,
beginning the week of February 9, 2015, at San Bernardino City Hall.
The City Clerk has determined from researching the matter that the average ceremony
takes about 30 minutes. Based on the cost of staff time required to set up and perform
the ceremony and the cost of a commemorative photo, the fee set for this service is
$65, payable to the City of San Bernardino general fund.
Citizens seeking to marry at the ersatz San Bernardino City Hall wedding chapel will
need to produce a valid marriage license from a county within the State of California.
Ceremonies will be by appointment only, during regular business hours, and couples
Updated: 1/28/2015 by Georgeann "Gigi" Hanna B I Packet Pg. 190
6.A
3690
are limited to 15 people in attendance.
While the Clerk does not expect that this service will attract hordes of inamorato, she
does expect some will avail themselves of the service for convenience. To promote the
new service, and in honor of Valentine's Day, those who make an appointment to have
their marriage solemnized the week of February 9-12 will receive a bottle of sparkling
cider to commemorate the joyous occasion, compliments of the City Clerk.
City Attorney Review:
Supporting Documents:
Solemnization of marriage fee reso (DOC)
ab 1525—bill-20140117—introduced (PDF)
Updated: 1/28/2015 by Georgeann "Gigi" Hanna B Packet Pg. 191
1 RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO SETTING THE FEE FOR CITY CLERK SOLEMNIZATION OF
3 MARRIAGE
4
5 WHEREAS, California Assembly Bill AB 1525 was signed into law on September 19,
2014 which amended Section 400 of the Family Code to authorize a City Clerk to solemnize a
6 marriage effective January 1, 2015; and
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WHEREAS, The City Clerk of San Bernardino intends to begin offering the service of
8 solemnizing marriages on February 9, 2015;
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10 THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL p
OF THE CITY OF SAN BERNARDINO AS FOLLOWS: °
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12 SECTION 1. The fee for City Clerk solemnization of marriage is hereby set at$65.00. v
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13 SECTION 2. All fees collected for the solemnization of marriage shall be deposited into
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1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO SETTING THE FEE FOR CITY CLERK SOLEMNIZATION OF
2 MARRIAGE
3
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
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Common Council of the City of San Bernardino at a meeting thereof, held on the
5
6 day of , 2015,by the following vote,to wit:
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7 Council Members: AYES NAYS ABSTAIN ABSENT E
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8 MARQUEZ
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11 VALDIVIA
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Georgeann Hanna, City Clerk c
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19 The foregoing Resolution is hereby approved this day of , 2015. N
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21 R. Carey Davis, Mayor
22 City of San Bernardino E
Approved as to form:
23 Gary D. Saenz, City Attorney a
24 By:
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Packet Pg.193
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too CALIFORNIA LEGISLATURE-2013-14 REGULAR SESSION
t ASSEMBLY BILL No. 1525
Introduced by Assembly Member Lowenthal
January 17, 2014
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An act to amend Section 400 of the Family Code,relating to marriage.
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LEGISLATIVE COUNSEL'S DIGEST U
AB 1525, as introduced,Lowenthal. Marriage: solemnization. o
Existing law provides that a marriage may be solemnized by i
authorized persons of any religious denomination, by specified
legislators,constitutional officers,and California Members of Congress,
while those persons are currently holding that office, by specified M
justices,judges,and magistrates,both current and retired,by the county
clerk,and by a county supervisor or an elected city mayor,as specified.
This bill would additionally authorize a city clerk to solemnize a
marriage. o
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Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
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The people of the State of California do enact as follows:
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1 SECTION 1. Section 400 of the Family Code is amended to Ni
2 read:
3 400. Although marriage is a personal relation arising out of a LO
4 civil, and not a religious, contract,a marriage may be solemnized r
5 by any of the following who is 18 years of age or older:
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6 (a) A priest,minister,rabbi,or authorized person of any religious
7 denomination. A person authorized by this subdivision shall not E
8 be required to solemnize a marriage that is contrary to the tenets s
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AB 1525 —2—
1 of his or her faith.Any refusal to solemnize a marriage under this
2 subdivision,either by an individual or by a religious denomination,
3 shall not affect the tax-exempt status of any entity.
4 (b) A judge or retired judge, commissioner of civil marriages
5 or retired commissioner of civil marriages,commissioner or retired
6 commissioner, or assistant commissioner of a court of record in
7 this state.
8 (c) A judge or magistrate who has resigned from office.
9 (d) Any of the following judges or magistrates of the United
10 States:
11 (1) A justice or retired justice of the United States Supreme
12 Court.
13 (2) A judge or retired judge of a court of appeals,a district court,
14 or a court created by an act of Congress the judges of which are
15 entitled to hold office during good behavior.
16 (3) A judge or retired judge of a bankruptcy court or a tax court.
17 (4) A United States magistrate or retired magistrate. 0
18 (e) A legislator or constitutional officer of this state or a Member o
19 of Congress who represents a district within this state, while that
20 person holds office. (D
21 ()q A city clerk. v
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