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First Substitute H.B. 58
5 AN ACT RELATING TO HUSBAND AND WIFE; AMENDING THE PREMARITAL
6 COUNSELING STATUTE TO PROVIDE FOR THE COUNTY GOVERNING BODIES TO
7 PROVIDE PREMARITAL EDUCATION BEFORE THE ISSUANCE OF A MARRIAGE
8 LICENSE; ALLOWING COUNTY PREMARITAL EDUCATION BOARDS TO SET
9 STANDARDS AND IMPLEMENT PREMARITAL EDUCATION; APPROPRIATING $7,500
10 TO THE DEPARTMENT OF HUMAN SERVICES FOR THE PRODUCTION OF A VIDEO ON
11 MARRIAGE; AND PROVIDING AN EFFECTIVE DATE.
12 This act affects sections of Utah Code Annotated 1953 as follows:
14 30-1-30, as enacted by Chapter 64, Laws of Utah 1971
15 30-1-31, as enacted by Chapter 64, Laws of Utah 1971
16 30-1-32, as last amended by Chapter 227, Laws of Utah 1993
17 30-1-33, as enacted by Chapter 64, Laws of Utah 1971
18 30-1-34, as enacted by Chapter 64, Laws of Utah 1971
19 30-1-35, as enacted by Chapter 64, Laws of Utah 1971
20 30-1-36, as enacted by Chapter 64, Laws of Utah 1971
21 30-1-37, as enacted by Chapter 64, Laws of Utah 1971
22 30-1-38, as enacted by Chapter 64, Laws of Utah 1971
24 30-1-40, Utah Code Annotated 1953
26 30-1-39, as enacted by Chapter 64, Laws of Utah 1971
27 Be it enacted by the Legislature of the state of Utah:
28 Section 1. Section 30-1-30 is amended to read:
29 30-1-30. Premarital education -- State policy -- Applicability.
30 It is the policy of the state [
31 stable, satisfying, and enduring marital and family relationships by providing opportunities for and
32 encouraging the use of premarital [
34 the state hopes to lower the divorce rate and curtail the rate of domestic violence and child abuse.
35 Therefore, the state encourages each county to adopt a premarital education plan for its citizens
36 to achieve these goals.
37 Section 2. Section 30-1-31 is amended to read:
38 30-1-31. Premarital education board in county -- Appointment, terms, compensation,
39 offices -- Common counseling board with adjacent county.
40 (1) The [
41 are authorized to encourage and provide [
43 marriage license under the provisions of this [
44 (2) The governing body may appoint a premarital [
45 of seven members, four of whom shall be lay persons and three of whom shall be chosen from
47 counseling, the clergy, law, or medicine. [
48 procedures to be followed by the premarital [
49 payment of compensation and expenses for members[
50 of a counseling staff under the supervision of the premarital counseling board, and provide office
51 space, furnishings, equipment, and supplies for their use as needed.
52 (3) A county may join with an adjacent county or counties in forming a common
53 premarital [
55 Section 3. Section 30-1-32 is amended to read:
56 30-1-32. Master plan for premarital education.
57 (1) [
58 shall, after holding public hearings, [
59 master plan for premarital [
60 purposes and objectives of this [
61 conflict resolution, communication skills, financial responsibilities, children and parenting, and
62 data on the problems married couples may face. The master plan shall include[
64 areas in their proposed marriage and [
65 which will induce reconsideration or postponement where the applicants are not sufficiently
66 matured [
67 marrying for reasons not conducive to a sound and lasting marriage.
68 (2) The plan shall include standards for evaluating premarital [
69 received by the applicants, prior to their application for a marriage license, which would justify
70 issuance of certificate without further [
71 (3) The board may, from time to time, amend or extend the plan.
72 (4) The premarital [
74 or other consultants within the county or counties for services it requires[
75 expenditures shall not exceed [
76 sums placed at its disposal through gift or otherwise.
77 Section 4. Section 30-1-33 is amended to read:
78 30-1-33. Premarital education by clergy -- Requirements if person is under 18.
92 considered completed if the applicants present a certificate provided by the county, or a letter
93 verified by a [
95 of the [
96 (2) If permission from a court or the custodial parent or guardian for a person under the
97 age of 18 to be married is required, and the county has adopted a premarital education plan, the
98 couple shall complete a premarital education course. This requirement may be waived by the
99 board if premarital education is not reasonably available.
100 Section 5. Section 30-1-34 is amended to read:
101 30-1-34. Certificate of completion of education.
102 The county clerk of any county which has adopted this [
103 license to those applicants who come within the premarital [
104 of this [
105 education board that the [
106 adequate if the license application otherwise conforms to the requirements for issuance of a
107 marriage license. [
110 Section 6. Section 30-1-35 is amended to read:
111 30-1-35. Persons performing education services designated by board -- Exemption
112 from license requirements.
113 For the purposes of this [
114 county or combination of counties may determine those persons who are to perform any services
115 under this [
116 sanctions for his failure to hold any license for these services as may be required by the laws of the
117 state [
118 Section 7. Section 30-1-36 is amended to read:
119 30-1-36. Activities included in premarital education.
120 Premarital [
122 group [
123 premarital inventory.
124 Section 8. Section 30-1-37 is amended to read:
125 30-1-37. Confidentiality of information obtained under education provisions.
126 Except for the information required or to be required on the marriage license application
127 form, any information given by a marriage license applicant in compliance with this [
128 shall be confidential information and [
129 commission, or other entity. However, the premarital [
130 commissioners may use the information, without identification of individuals, to compile and
131 release statistical data.
132 Section 9. Section 30-1-38 is amended to read:
133 30-1-38. Fee for counseling.
134 (1) Any county adopting a master plan under this [
136 to fund its premarital [
137 education program. The county may provide for a waiver of a portion of the fee if the couple
138 presents a certificate of completion of premarital education to the clerk.
139 (2) The county clerk may at any time, due to financial hardship of the applicants, waive
140 any or all of the portion of the fee waivable under Subsection (1).
141 Section 10. Section 30-1-40 is enacted to read:
142 30-1-40. Video orientation.
143 (1) A video orientation prepared under the direction of the Governor's Commission on
144 Marriage will be given to the counties for viewing by prospective applicants for a marriage license.
145 The video will include the duty of parents to support their children, and the state's response to the
146 unacceptable and prosecutable practices of family violence, including domestic violence or spouse
147 abuse, child abuse, and elder abuse.
148 (2) Beginning January 1, 2000, the video orientation shall be required viewing for all
149 couples applying for a marriage license, whether or not the county has adopted a master plan for
150 premarital education.
151 Section 11. Repealer.
152 This act repeals:
153 Section 30-1-39, Violation of counseling provisions -- Misdemeanor.
154 Section 12. Appropriation.
155 Except as provided in H.B. 4, Appropriations Coordination Act, there is appropriated from
156 the General Fund for fiscal year 1999-2000, $7,500 to the Office of the Executive Director,
157 Department of Human Services, to be used by the Governor's Commission on Marriage for the
158 production of the video described in Section 30-1-40 .
159 Section 13. Effective date.
160 This act takes effect on July 1, 1999.
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