H.B. 198

This document includes House Committee Amendments incorporated into the bill on Tue, Mar 3, 2009 at 10:44 AM by jeyring. --> This document includes House Floor Amendments incorporated into the bill on Mon, Mar 9, 2009 at 2:03 PM by ddonat. --> 1

MARRIAGE LICENSE FEE AMENDMENTS
2 2009 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Christine A. Johnson
5 Senate Sponsor: Gregory S. Bell
6
7 LONG TITLE
8 General Description:
9 This bill modifies a provision relating to marriage license fees.
10 Highlighted Provisions:
11 This bill:
12 . requires county clerks to collect an additional $10 for a marriage license fee and to
13 transmit that amount to the H. Division of Finance for distribution to the .H Division of
13a Child and Family Services for use in the
14 operation of shelters for victims of domestic violence H. , if the applicant chooses to pay
14a1 the fee [ . ] ; and
14a . allows a marriage license applicant to choose H. [ not ] whether .H to pay the
14b additional fee. .H
15 Monies Appropriated in this Bill:
16 None
17 Other Special Clauses:
18 None
19 Utah Code Sections Affected:
20 AMENDS:
21 17-16-21, as last amended by Laws of Utah 2008, Chapter 382
22
23 Be it enacted by the Legislature of the state of Utah:
24 Section 1. Section 17-16-21 is amended to read:
25 17-16-21. Fees of county officers.
26 (1) As used in this section, "county officer" means all of the county officers
27 enumerated in Section 17-53-101 except county recorders, county constables, and county

28 sheriffs.
29 (2) (a) Each county officer shall collect, in advance, for exclusive county use and
30 benefit:
31 (i) all fees established by the county legislative body under Section 17-53-211 ; and
32 (ii) any other fees authorized or required by law.
33 (b) As long as the displaced homemaker program is authorized by Section 35A-3-114 ,
34 the county clerk shall:
35 (i) assess $20 in addition to whatever fee for a marriage license is established under
36 authority of this section; and
37 (ii) transmit $20 from each marriage license fee to the Division of Finance to be
38 credited to the displaced homemaker program.
39 (c) As long as the Children's Legal Defense Account is authorized by Section
40 51-9-408 , the county clerk shall:
41 (i) assess $10 in addition to whatever fee for a marriage license is established under
42 authority of this section and in addition to the $20 assessed for the displaced homemaker
43 program; and
44 (ii) transmit $10 from each marriage license fee to the Division of Finance for deposit
45 in the Children's Legal Defense Account.
46 (d) H. (i) .H As long as the Division of Child and Family Services, created in Section
47 62A-4a-103 , has the responsibility under Section 62A-4a-105 to provide services, including
48 temporary shelter, for victims of domestic violence, the county clerk shall:
49 H. [ (i) ] (A) [ assess ] collect .H $10 in addition to whatever fee for a marriage license is
49a established under
50 authority of this section, in addition to the amounts described in Subsections (2)(b) and (c) H. ,
50a [ unless ] if an applicant chooses, as provided in Subsection (2)(d)(ii), [ not ] to pay the
50b1 additional
50b $10 .H ; and
51 H. [ (ii) ] to the extent actually paid, .H transmit $10 from each marriage license
51a H. fee .H to the H. Division of Finance for distribution to the .H Division of Child
51b and Family
52 Services for the operation of shelters for victims of domestic violence.
52a H. (ii)(A) The county clerk shall provide a method for an applicant for a marriage license
52b to choose [ not ] to pay the additional $10 [ assessed under ] referred to in Subsection (2)(d)(i).
52c (B) An applicant for a marriage license may choose not to pay the additional $10
52d [ assessed under ] referred to in Subsection (2)(d)(i) without affecting the applicant's ability to
52e1 be issued

52e a marriage license. .H
53 (3) This section does not apply to any fees currently being assessed by the state but
54 collected by county officers.

Legislative Review Note
as of 1-19-09 4:14 PM

Office of Legislative Research and General Counsel