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H.B. 252
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MARRIAGE PREPARATION EDUCATION
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2005 GENERAL SESSION
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STATE OF UTAH
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Sponsor: Rosalind J. McGee
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Douglas C. AagardPeggy Wallace
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LONG TITLE
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General Description:
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This bill modifies the marriage counseling and education provisions by requiring a
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reduction in marriage license fees for couples who voluntarily undergo marriage
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education that meet specific criteria.
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Highlighted Provisions:
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This bill:
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. provides a mechanism for couples who undergo premarital education to receive a
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reduction of the marriage license fee;
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. requires eight hours of premarital education;
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. frames the requirements for premarital education; and
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. limits who can conduct the premarital education to licensed or ordained ministers,
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or their designees, persons who can solemnize marriages, marriage and family
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therapists, social workers, or psychologists.
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Monies Appropriated in this Bill:
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None
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Other Special Clauses:
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None
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Utah Code Sections Affected:
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AMENDS:
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17-16-21, as last amended by Chapter 9 and renumbered and amended by Chapter 46,
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Laws of Utah 2001
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30-1-30, 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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30-1-36, 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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30-1-39, as enacted by Chapter 64, Laws of Utah 1971
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REPEALS:
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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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30-1-35, 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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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
17-16-21
is amended to read:
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17-16-21. Fees of county officers.
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(1) As used in this section, "county officer" means all of the county officers
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enumerated in Section
17-53-101
except county recorders, county constables, and county
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sheriffs.
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(2) (a) Each county officer shall collect, in advance, for exclusive county use and
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benefit:
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(i) all fees established by the county legislative body under Section
17-53-211
; and
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(ii) any other fees authorized or required by law.
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(b) (i) As long as the displaced homemaker program is authorized by Section
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35A-3-114
, the county clerk shall:
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[(i)] (A) assess $20 in addition to whatever fee for a marriage license is established
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under authority of this section; and
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[(ii)] (B) transmit $20 from each marriage license fee to the Division of Finance to be
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credited to the displaced homemaker program.
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(ii) The fee authorized by this Subsection (2)(b) shall be waived if the requirements of
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Section
30-1-34
are met. If the fee is waived, the county is not required to transmit $20 of the
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marriage license fee to the Division of Finance.
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(c) As long as the Children's Legal Defense Account is authorized by Section
63-63a-8
,
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the county clerk shall:
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(i) assess $10 in addition to whatever fee for a marriage license is established under
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authority of this section and in addition to the $20 assessed for the displaced homemaker
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program; and
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(ii) transmit $10 from each marriage license fee to the Division of Finance for deposit
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in the Children's Legal Defense Account.
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(3) This section does not apply to any fees currently being assessed by the state but
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collected by county officers.
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Section 2.
Section
30-1-30
is amended to read:
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30-1-30. Premarital education -- State policy.
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It is the policy of the state [of Utah] to enhance the possibility of couples to achieve
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more stable, satisfying, and enduring marital and family relationships by providing
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opportunities for and encouraging the use of premarital [counseling] education prior to
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securing a marriage license [by persons under 19 years of age and by persons who have been
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previously divorced].
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Section 3.
Section
30-1-34
is amended to read:
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30-1-34. Certificate of completion of education -- Reduction of license fee.
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(1) The county clerk of any county [which has adopted this act shall issue] who issues
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a marriage license to those applicants who [come within the premarital counseling
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requirements of this act when the applicants] present a certificate [from the premarital
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counseling board that the counseling has been completed or has been found to be adequate if
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the license application otherwise conforms to the requirements for issuance of a marriage
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license. For those applicants who would otherwise need approval of the district court in order
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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.] of completion in
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accordance with Subsection (2) shall reduce the fee for the license by the amount assessed
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under Subsection
17-16-21
(2)(b).
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(2) In order to qualify for the reduced fee in Subsection (1), the parties shall submit a
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signed and dated statement from the person who provided the premarital education confirming
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that eight hours of premarital education were received.
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(a) The premarital education shall be provided by:
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(i) (A) a licensed or ordained minister; or
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(B) the minister's designee, who shall be a person trained by the minister or
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denomination to conduct premarital education;
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(ii) a person authorized to solemnize marriages under Subsection
30-1-6
(a) or (b); or
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(iii) a person who practices marriage and family therapy and is licensed under Title 58,
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Chapter 60, Part 2, Social Worker Licensing Act; Part 3, Marriage and Family Therapist
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Licensing Act; Part 4, Professional Counselor Licensing Act; or Title 58, Chapter 61,
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Psychologist Licensing Act.
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(b) The education shall include, as a minimum, the following topics:
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(i) commitment;
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(ii) communication;
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(iii) financial management skills; and
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(iv) conflict management skills, including an understanding of what constitutes
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domestic abuse.
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(c) The duration of the premarital education shall be no fewer than eight hours.
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(3) The statement from the person who provided the premarital education under
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Subsection (2) shall be in the following form:
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"I, (name of provider), confirm that (names of both parties) received at least eight hours
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of premarital education that included the following topics: commitment, communication,
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financial management, and conflict management skills including an understanding of what
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constitutes domestic abuse. I am a licensed or ordained minister or the minister's designee, a
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person authorized to solemnize marriages under Section
30-1-6
, or a person who practices
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marriage and family therapy and is licensed under Title 58, Chapter 60, Part 2, Social Worker
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Licensing Act; Part 3, Marriage and Family Therapist Licensing Act; or Title 58, Chapter 61,
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Psychologist Licensing Act."
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(4) The names of the parties in the provider's statement must be identical to the legal
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names of the parties as they appear on the marriage license application. The provider's
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statement shall be filed with the license.
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Section 4.
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 lectures, group counseling, and individual counseling [and testing].
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Section 5.
Section
30-1-37
is amended to read:
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30-1-37. Confidentiality of information obtained under counseling provisions.
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Except for the information required or to be required on the marriage license
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application form, any information given by a marriage license applicant in compliance with this
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[act] chapter shall be confidential information and shall not be released by any person, board,
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commission, or other entity. [However, the premarital counseling board or board of
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commissioners] The county clerk may use the information, without identification of
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individuals, to compile and release statistical data.
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Section 6.
Section
30-1-39
is amended to read:
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30-1-39. False representation of compliance -- Infraction.
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Any person [coming within the provisions of this act] who falsely represents that [he]
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the person has complied with the requirements of [a master plan for premarital counseling or
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who,] Section
30-1-34
or who knowingly colludes with another for the purpose of [evading the
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provisions of this act, applies for a marriage license in a county within the state of Utah which
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does not require premarital counseling,] receiving the benefit of Subsection
30-1-34
(1) is guilty
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of [a misdemeanor] an infraction.
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Section 7. Repealer.
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This bill repeals:
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Section 30-1-31, Premarital counseling board in county -- Appointment, terms,
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compensation, offices -- Common counseling board with adjacent county.
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Section 30-1-32, Master plan for counseling.
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Section 30-1-33, Conformity to master plan for counseling as prerequisite to
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marriage license -- Exceptions.
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Section 30-1-35, Persons performing counseling services designated by board --
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Exemption from license requirements.
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Section 30-1-38, Fee for counseling.
Legislative Review Note
as of 12-6-04 3:04 PM
Based on a limited legal review, this legislation has not been determined to have a high
probability of being held unconstitutional.