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F I S C A L I M P A C T R E P O R T

SPONSOR Boitano

ORIGINAL DATE

LAST UPDATED

02/28/07

HB

SHORT TITLE

MARRIAGE EDUCATION

SB 1141

ANALYST Hanika Ortiz

ESTIMATED ADDITIONAL OPERATING BUDGET IMPACT (dollars in thousands)

FY07

FY08

FY09 3 Year

Total Cost

Recurring

or Non-Rec

Fund

Affected

Total

$0.1 see

narrative

Recurring various

(Parenthesis ( ) Indicate Expenditure Decreases)

SOURCES OF INFORMATION

LFC Files

Responses Received From

Administrative Office of the Courts (AOC)

Children, Youth & Families Department (CYFD)

Corrections Department (CD)

SUMMARY

Synopsis of Bill

Senate Bill 1141 creates the “Marriage Education Act" wherein courts, government agencies and

government-supported entities dealing with children, youth and families and domestic relations

will be required to provide written information about marriage, domestic relations education and

counseling providers to interested persons. The court or civil magistrate will be required to

inquire from persons expressing an intention to marry, applying for a marriage license, filing for

any type of domestic relations order, or filing for a divorce whether they have received marriage

education.

FISCAL IMPLICATIONS

The bill does not provide nor direct an appropriation to the courts, agencies or other entities for

the additional administrative tasks that will be required.

There will be a minimal administrative cost for statewide update, distribution and documentation

of statutory changes. Any additional fiscal impact on the judiciary would be proportional to the

enforcement of this law and the amount of time required for court clerks and civil magistrates to

comply with the law’s requirements.

Senate Bill 1141 – Page

2

SIGNIFICANT ISSUES

The bill provides that if the answer to the question re: marriage education is “no" or

noncommittal, the clerk or civil magistrate must offer the persons available written information

about marriage and domestic relations education and counseling information. The bill prohibits

the courts, agencies and entities offering the information from removing indicators of a religious,

racial, ethnic or other focus from a provider’s information. The bill defines providers; allows

provider information to be made available; and, requires the provider to be a reasonable distance

from the court, agency or entity offering the information.

PERFORMANCE IMPLICATIONS

CYFD reports that domestic violence contracted providers will be required to adhere to this act;

and, the requirements within the bill conflict with domestic violence best practices.

ADMINISTRATIVE IMPLICATIONS

Courts, government agencies and government-supported entities dealing with children, youth and

families and domestic relations, including courts and county clerks and civil magistrates, will

need to provide staff training to ensure materials offered are from appropriate providers as

defined in the bill; and, offered in a timely manner.

TECHNICAL ISSUES

The bill does not specify what is a “reasonable distance from the court, agency or entity offering

the information".

The bill does not contain penalties for lack of compliance with the Act.

OTHER SUBSTANTIVE ISSUES

The bill states the legislature agrees that “the marital relationship is the foundation of the

family"; however, the bill does not address families outside of the traditional nuclear family unit.

In the United States nuclear families now consititute a minority of households with rising

prevelance of other family arrangements such as blended families, binuclear families, single-

parent families.

AMENDMENTS

Add language requiring CYFD to provide a mechanism to approve providers and materials

offered to ensure materials are appropriate.

AHO/nt