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H.B. 58
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PREMARITAL EDUCATION AMENDMENTS
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1999 GENERAL SESSION
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STATE OF UTAH
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Sponsor: Carl R. Saunders
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AN ACT RELATING TO HUSBAND AND WIFE; AMENDING THE PREMARITAL
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COUNSELING STATUTE TO PROVIDE FOR THE COUNTY GOVERNING BODIES TO
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REQUIRE PREMARITAL EDUCATION BEFORE THE ISSUANCE OF A MARRIAGE
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LICENSE; ALLOWING COUNTY PREMARITAL EDUCATION BOARDS TO SET
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STANDARDS AND IMPLEMENT PREMARITAL EDUCATION; PROVIDING A PENALTY
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FOR VIOLATING THE REQUIREMENTS; AND APPROPRIATING $7,500 TO THE
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GOVERNOR'S COMMISSION ON MARRIAGE FOR THE PRODUCTION OF A VIDEO ON
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MARRIAGE.
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This act affects sections of Utah Code Annotated 1953 as follows:
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AMENDS:
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30-1-30, as enacted by Chapter 64, Laws of Utah 1971
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30-1-31, as enacted by Chapter 64, Laws of Utah 1971
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30-1-32, as last amended by Chapter 227, Laws of Utah 1993
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30-1-33, as enacted by Chapter 64, Laws of Utah 1971
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30-1-34, as enacted by Chapter 64, Laws of Utah 1971
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30-1-35, as enacted by Chapter 64, Laws of Utah 1971
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30-1-36, as enacted by Chapter 64, Laws of Utah 1971
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30-1-37, as enacted by Chapter 64, Laws of Utah 1971
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30-1-38, as enacted by Chapter 64, Laws of Utah 1971
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30-1-39, as enacted by Chapter 64, Laws of Utah 1971
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
30-1-30
is amended to read:
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30-1-30. Premarital education -- State policy -- Applicability.
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It is the policy of the state [of Utah] to enhance the possibility of couples to achieve more
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stable, satisfying, and enduring marital and family relationships by providing opportunities for and
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encouraging the use of premarital [counseling] education prior to securing a marriage license [by
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persons under 19 years of age and by persons who have been previously divorced]. In doing so,
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the state hopes to lower the divorce rate and curtail the rate of domestic violence and child abuse.
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Section 2.
Section
30-1-31
is amended to read:
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30-1-31. Premarital education board in county -- Appointment, terms, compensation,
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offices -- Common counseling board with adjacent county.
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(1) The [boards of commissioners] governing bodies of the respective counties in this state
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are authorized to provide for premarital [counseling] education and to require the use of premarital
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[counseling] education as a condition precedent to the issuance of a marriage license under the
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provisions of this [act] chapter. [They]
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(2) The governing body may appoint a premarital [counseling] education board consisting
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of seven members, four of whom shall be lay persons and three of whom shall be chosen from
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[the] family-related professions [of] such as psychiatry, psychology, social work, marriage
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counseling, the clergy, law, or medicine. [They] It may designate the terms of office and the
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procedures to be followed by the premarital [counseling] education board [and], provide for
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payment of compensation and expenses for members[. They may], pay the salaries and expenses
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of a counseling staff under the supervision of the premarital counseling board, and provide office
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space, furnishings, equipment, and supplies for their use as needed.
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(3) A county may join with an adjacent county or counties in forming a common
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premarital [counseling] education board and in establishing a common master plan for premarital
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[counseling] education.
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Section 3.
Section
30-1-32
is amended to read:
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30-1-32. Master plan for premarital education.
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(1) [It shall be the function and duty of the] The premarital [counseling] education board
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shall, after holding public hearings, [to] make, adopt, and certify to the county legislative body a
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master plan for premarital [counseling] education of marriage license applicants within the
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purposes and objectives of this [act] chapter. Premarital education may include instruction on
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conflict resolution, communication skills, financial responsibilities, children and parenting, and
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data on the problems married couples may face. The master plan shall include[, but not be limited
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to, counseling] educational procedures which will make applicants aware of problem areas in their
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proposed marriage and [suggest] suggestions on ways of meeting problems and which will induce
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reconsideration or postponement where the applicants are not sufficiently matured [or are], not
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financially capable of meeting the responsibilities of marriage, or are marrying for reasons not
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conducive to a sound and lasting marriage.
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(2) The plan shall include standards for evaluating premarital [counseling] education
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received by the applicants, prior to their application for a marriage license, which would justify
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issuance of certificate without further [counseling] education being given or required.
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(3) The board may, from time to time, amend or extend the plan.
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(4) In addition, premarital education shall include a video orientation prepared under the
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direction of the Governor's Marriage Commission and given to the counties for viewing by
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prospective applicants for a marriage license. The video will explain the state's expectation of the
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marriage contract, including the couple's legal relationship to the state, property and inheritance
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rights, tax liabilities, the duty of parents to support their children, and the state's response to the
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unacceptable and prosecutable practices of family violence, including domestic violence or spouse
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abuse, child abuse, and elder abuse.
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(5) The premarital [counseling] education board may appoint a staff and employees [as
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may be] necessary for its work and may contract with public and private social service agencies
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or other consultants within the county or counties for services it requires[, providing, its]. Its
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expenditures shall not exceed [the] sums appropriated to it by the county legislative body plus
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sums placed at its disposal through gift or otherwise.
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Section 4.
Section
30-1-33
is amended to read:
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30-1-33. Conformity to master plan for education as prerequisite to marriage license
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-- Exceptions.
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[Whenever] If the board of commissioners of a county has adopted a master plan for
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premarital [counseling no] education, a resident of the county may not obtain a marriage license
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without conforming to the plan, except that:
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(1) Any person who applies for a marriage license shall have the right to secure the license
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and to marry notwithstanding their failure to conform to the required premarital [counseling]
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education or their failure to obtain a certificate of authorization from the premarital [counseling]
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education board if they wait six months from the date of application for issuance of the license.
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[(2) This act shall not apply to any application for a marriage license where both parties
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are at least 19 years of age and neither has been previously divorced.]
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[(3)] (2) This [act] chapter shall not apply to any application for a marriage license unless
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both applicants have physically resided in the state of Utah for 60 days immediately preceding their
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application.
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[(4)] (3) Premarital [counseling] education required by this [act] chapter shall be [deemed]
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considered fulfilled if the applicants present a certificate provided by the county or a letter verified
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by a [clergyman] clergy person that the applicants have completed a course of premarital
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[counseling approved by his] education offered by a church and given by or under the supervision
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of the [clergyman] clergy person.
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(4) If approval by a court and the custodial parent or guardian for a person under the age
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of 16 to be married is required, that person may not be excused from premarital education under
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the exceptions in Subsections (1) or (2).
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Section 5.
Section
30-1-34
is amended to read:
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30-1-34. Certificate of completion of education.
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The county clerk of any county which has adopted this [act] chapter shall issue a marriage
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license to those applicants who come within the premarital [counseling] education requirements
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of this [act] chapter when the applicants present a certificate from the premarital [counseling]
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education board that the [counseling] education has been completed or has been found to be
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adequate if the license application otherwise conforms to the requirements for issuance of a
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marriage license. [For those applicants who would otherwise need approval of the district court
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in order to marry, the certificate shall take the place of court consent if the parents, guardian or
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custodial parent of the applicant have given their consent to the marriage. ]
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Section 6.
Section
30-1-35
is amended to read:
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30-1-35. Persons performing education services designated by board -- Exemption
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from license requirements.
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For the purposes of this [act] chapter the premarital [counseling] education board of each
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county or combination of counties may determine those persons who are to perform any services
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under this [act] chapter and any person so acting [shall] may not be subject to prosecution or other
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sanctions for his failure to hold any license for these services as may be required by the laws of the
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state [of Utah].
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Section 7.
Section
30-1-36
is amended to read:
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30-1-36. Activities included in premarital education.
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Premarital [counseling] education as used in this [act] chapter shall include [but not be
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limited to] academic premarital education classes, lectures, group [counseling] education,
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individual education counseling [and testing], and taking of a premarital inventory.
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Section 8.
Section
30-1-37
is amended to read:
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30-1-37. Confidentiality of information obtained under education provisions.
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Except for the information required or to be required on the marriage license application
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form, any information given by a marriage license applicant in compliance with this [act] chapter
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shall be confidential information and [shall] may not be released by any person, board,
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commission, or other entity. However, the premarital [counseling] education board or board of
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commissioners may use the information, without identification of individuals, to compile and
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release statistical data.
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Section 9.
Section
30-1-38
is amended to read:
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30-1-38. Fee for counseling.
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(1) Any county adopting a master plan under this [act] chapter is authorized to charge, in
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addition to its ordinary marriage license application fees, not more than [$10] $30 for premarital
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[counseling] education, to be paid by the applicants at the time they make the application. At the
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time of application, all but $15 of the premarital education fee will be waived if the couple presents
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a certificate of completion of education to the clerk.
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(2) The remaining fee for the education may be retained by the county to continue to fund
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premarital education.
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(3) The county clerk may at any time, due to financial hardship of the applicants, waive
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any or all of the premarital education fee.
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Section 10.
Section
30-1-39
is amended to read:
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30-1-39. Violation of education provisions -- Misdemeanor.
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Any person coming within the provisions of this [act] chapter who falsely represents that
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he has complied with the requirements of a master plan for premarital [counseling] education or
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who, for the purpose of evading the provisions of this [act] chapter, applies for a marriage license
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in a county within the state [of Utah] which does not require premarital [counseling] education,
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is guilty of a misdemeanor.
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Section 11. Appropriation.
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Except as provided in H.B. 4, Appropriations Coordination Act, there is appropriated from
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the General Fund for fiscal year 1999-2000, $7,500 to the Governor's Commission on Marriage
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for the production of the video described in Section
30-1-32
.
Legislative Review Note
as of 1-13-99 11:54 AM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.