HomeMy WebLinkAboutMINUTES - 09121989 - 1.53 V"
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TO: Board of Supervisors
FROM: Phil Batchelor, County Administrator
DATE: September 5, 1989 ''•
s a couK'�`t
SUBJECT: LEGISLATION: AB 2214 (Speier)
Specific Request(s) or Recommendations(s) & Background & Justification
RECOMMENDATION:
Adopt a position of SUPPORT in regard to AB 2214 by Assemblywoman Speier which would require that the
County Clerk provide every applicant for a marriage license with a fact sheet on the rights and obligations of
marriage partners.
BACKGROUND:
Nothing in existing law requires county clerks to provide marriage license applicants with a fact sheet on rights and
obligations of marriage partners. Assemblywoman Speier has introduced AB 2214 which would impose such a
requirement on the County Clerk effective January 1,1991. The Judicial Council would be responsible for preparing
and publishing such a fact sheet. This fact sheet would address the following rights and obligations as they are set
forth in law:
1. A general explanation of community and separate property.
2. The general standards of care and accountability required in the management and control of community property.
3. A statement regarding the legal penalties for furnishing false information on the marriage license.
4. General rules regarding credit card and other financial obligations.
5. General explanations of the rights of child and spousal support payees.
6. Inheritance rights.
Continued on attachment: XX yes Signature:
Recommendation of County Administrator Recommendation of Board Committee
Jr Approve Other:
Signature(s)• 66?� // Y�'66
Action of Board on: September 12 1989 Approved as Recommended X Other
Vote of Supervisors I HEREBY CERTIFY THAT THIS IS A TRUE
AND CORRECT COPY OF AN ACTION TAKEN
X Unanimous (Absent ) AND ENTERED ON THE MINUTES OF THE
Ayes: Noes: BOARD OF SUPERVISORS ON DATE SHOWN.
Absent: Abstain: Q
cc: County Administrator AttestedA / 8
County Clerk-Recorder Phili3atchelor, Clerk of the Board
Assemblywoman Speier of Supervisors and County Administrator
Governor George Deukmejian
Les Spahnn,SRJ.Jackson,Barish&Associates L `
By , Deputy Clerk
CLVM:eh(ab2214bo)
7. Premarital agreements.
8. Legal prohibitions concerning domestic violence and spousal rape, along with information regarding related
resources and referrals.
9. A summary of a parent's responsibilities regarding children.
10. Other matters that the Judicial Council deems appropriate.
The application for a marriage license would have to contain an affidavit which would be signed by both parties to
the marriage indicating that they have received the fact sheet. This would also apply to applicants for a confidential
marriage.
The County Clerk indicates that having such a fact sheet available might actually be beneficial to his staff who
otherwise are often asked questions along the lines of what would be contained in the fact sheet. The County Clerk's
only concern is that his staff not be put in the position of being asked to provide legal advice. The ability to accomplish
this will depend to a large extent on how the fact sheet is put together by the Judicial Council.
The County Clerk recommends that the Board of Supervisors support AB 2214. As of this writing AB 2214 was
in the Senate Appropriations Committee and may actually be on the Governor's Desk by the time the Board of
Supervisors acts on this recommendation.