H.B. 58

1

PREMARITAL EDUCATION AMENDMENTS
2 1999 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Carl R. Saunders
5 AN ACT RELATING TO HUSBAND AND WIFE; AMENDING THE PREMARITAL
6 COUNSELING STATUTE TO PROVIDE FOR THE COUNTY GOVERNING BODIES TO
7 REQUIRE PREMARITAL EDUCATION BEFORE THE ISSUANCE OF A MARRIAGE
8 LICENSE; ALLOWING COUNTY PREMARITAL EDUCATION BOARDS TO SET
9 STANDARDS AND IMPLEMENT PREMARITAL EDUCATION; PROVIDING A PENALTY
10 FOR VIOLATING THE REQUIREMENTS; AND APPROPRIATING $7,500 TO THE
11 GOVERNOR'S COMMISSION ON MARRIAGE FOR THE PRODUCTION OF A VIDEO ON
12 MARRIAGE.
13 This act affects sections of Utah Code Annotated 1953 as follows:
14 AMENDS:
15 30-1-30, as enacted by Chapter 64, Laws of Utah 1971
16 30-1-31, as enacted by Chapter 64, Laws of Utah 1971
17 30-1-32, as last amended by Chapter 227, Laws of Utah 1993
18 30-1-33, as enacted by Chapter 64, Laws of Utah 1971
19 30-1-34, as enacted by Chapter 64, Laws of Utah 1971
20 30-1-35, as enacted by Chapter 64, Laws of Utah 1971
21 30-1-36, as enacted by Chapter 64, Laws of Utah 1971
22 30-1-37, as enacted by Chapter 64, Laws of Utah 1971
23 30-1-38, as enacted by Chapter 64, Laws of Utah 1971
24 30-1-39, as enacted by Chapter 64, Laws of Utah 1971
25 Be it enacted by the Legislature of the state of Utah:
26 Section 1. Section 30-1-30 is amended to read:
27 30-1-30. Premarital education -- State policy -- Applicability.

28 It is the policy of the state [of Utah] to enhance the possibility of couples to achieve more
29 stable, satisfying, and enduring marital and family relationships by providing opportunities for and
30 encouraging the use of premarital [counseling] education prior to securing a marriage license [by
31 persons under 19 years of age and by persons who have been previously divorced]. In doing so,
32 the state hopes to lower the divorce rate and curtail the rate of domestic violence and child abuse.
33 Section 2. Section 30-1-31 is amended to read:
34 30-1-31. Premarital education board in county -- Appointment, terms, compensation,
35 offices -- Common counseling board with adjacent county.
36 (1) The [boards of commissioners] governing bodies of the respective counties in this state
37 are authorized to provide for premarital [counseling] education and to require the use of premarital
38 [counseling] education as a condition precedent to the issuance of a marriage license under the
39 provisions of this [act] chapter. [They]
40 (2) The governing body may appoint a premarital [counseling] education board consisting
41 of seven members, four of whom shall be lay persons and three of whom shall be chosen from
42 [the] family-related professions [of] such as psychiatry, psychology, social work, marriage
43 counseling, the clergy, law, or medicine. [They] It may designate the terms of office and the
44 procedures to be followed by the premarital [counseling] education board [and], provide for
45 payment of compensation and expenses for members[. They may], pay the salaries and expenses
46 of a counseling staff under the supervision of the premarital counseling board, and provide office
47 space, furnishings, equipment, and supplies for their use as needed.
48 (3) A county may join with an adjacent county or counties in forming a common
49 premarital [counseling] education board and in establishing a common master plan for premarital
50 [counseling] education.
51 Section 3. Section 30-1-32 is amended to read:
52 30-1-32. Master plan for premarital education.
53 (1) [It shall be the function and duty of the] The premarital [counseling] education board
54 shall, after holding public hearings, [to] make, adopt, and certify to the county legislative body a
55 master plan for premarital [counseling] education of marriage license applicants within the
56 purposes and objectives of this [act] chapter. Premarital education may include instruction on
57 conflict resolution, communication skills, financial responsibilities, children and parenting, and
58 data on the problems married couples may face. The master plan shall include[, but not be limited

59 to, counseling] educational procedures which will make applicants aware of problem areas in their
60 proposed marriage and [suggest] suggestions on ways of meeting problems and which will induce
61 reconsideration or postponement where the applicants are not sufficiently matured [or are], not
62 financially capable of meeting the responsibilities of marriage, or are marrying for reasons not
63 conducive to a sound and lasting marriage.
64 (2) The plan shall include standards for evaluating premarital [counseling] education
65 received by the applicants, prior to their application for a marriage license, which would justify
66 issuance of certificate without further [counseling] education being given or required.
67 (3) The board may, from time to time, amend or extend the plan.
68 (4) In addition, premarital education shall include a video orientation prepared under the
69 direction of the Governor's Marriage Commission and given to the counties for viewing by
70 prospective applicants for a marriage license. The video will explain the state's expectation of the
71 marriage contract, including the couple's legal relationship to the state, property and inheritance
72 rights, tax liabilities, the duty of parents to support their children, and the state's response to the
73 unacceptable and prosecutable practices of family violence, including domestic violence or spouse
74 abuse, child abuse, and elder abuse.
75 (5) The premarital [counseling] education board may appoint a staff and employees [as
76 may be] necessary for its work and may contract with public and private social service agencies
77 or other consultants within the county or counties for services it requires[, providing, its]. Its
78 expenditures shall not exceed [the] sums appropriated to it by the county legislative body plus
79 sums placed at its disposal through gift or otherwise.
80 Section 4. Section 30-1-33 is amended to read:
81 30-1-33. Conformity to master plan for education as prerequisite to marriage license
82 -- Exceptions.
83 [Whenever] If the board of commissioners of a county has adopted a master plan for
84 premarital [counseling no] education, a resident of the county may not obtain a marriage license
85 without conforming to the plan, except that:
86 (1) Any person who applies for a marriage license shall have the right to secure the license
87 and to marry notwithstanding their failure to conform to the required premarital [counseling]
88 education or their failure to obtain a certificate of authorization from the premarital [counseling]
89 education board if they wait six months from the date of application for issuance of the license.

90 [(2) This act shall not apply to any application for a marriage license where both parties
91 are at least 19 years of age and neither has been previously divorced.]
92 [(3)] (2) This [act] chapter shall not apply to any application for a marriage license unless
93 both applicants have physically resided in the state of Utah for 60 days immediately preceding their
94 application.
95 [(4)] (3) Premarital [counseling] education required by this [act] chapter shall be [deemed]
96 considered fulfilled if the applicants present a certificate provided by the county or a letter verified
97 by a [clergyman] clergy person that the applicants have completed a course of premarital
98 [counseling approved by his] education offered by a church and given by or under the supervision
99 of the [clergyman] clergy person.
100 (4) If approval by a court and the custodial parent or guardian for a person under the age
101 of 16 to be married is required, that person may not be excused from premarital education under
102 the exceptions in Subsections (1) or (2).
103 Section 5. Section 30-1-34 is amended to read:
104 30-1-34. Certificate of completion of education.
105 The county clerk of any county which has adopted this [act] chapter shall issue a marriage
106 license to those applicants who come within the premarital [counseling] education requirements
107 of this [act] chapter when the applicants present a certificate from the premarital [counseling]
108 education board that the [counseling] education has been completed or has been found to be
109 adequate if the license application otherwise conforms to the requirements for issuance of a
110 marriage license. [For those applicants who would otherwise need approval of the district court
111 in order to marry, the certificate shall take the place of court consent if the parents, guardian or
112 custodial parent of the applicant have given their consent to the marriage. ]
113 Section 6. Section 30-1-35 is amended to read:
114 30-1-35. Persons performing education services designated by board -- Exemption
115 from license requirements.
116 For the purposes of this [act] chapter the premarital [counseling] education board of each
117 county or combination of counties may determine those persons who are to perform any services
118 under this [act] chapter and any person so acting [shall] may not be subject to prosecution or other
119 sanctions for his failure to hold any license for these services as may be required by the laws of the
120 state [of Utah].

121 Section 7. Section 30-1-36 is amended to read:
122 30-1-36. Activities included in premarital education.
123 Premarital [counseling] education as used in this [act] chapter shall include [but not be
124 limited to] academic premarital education classes, lectures, group [counseling] education,
125 individual education counseling [and testing], and taking of a premarital inventory.
126 Section 8. Section 30-1-37 is amended to read:
127 30-1-37. Confidentiality of information obtained under education provisions.
128 Except for the information required or to be required on the marriage license application
129 form, any information given by a marriage license applicant in compliance with this [act] chapter
130 shall be confidential information and [shall] may not be released by any person, board,
131 commission, or other entity. However, the premarital [counseling] education board or board of
132 commissioners may use the information, without identification of individuals, to compile and
133 release statistical data.
134 Section 9. Section 30-1-38 is amended to read:
135 30-1-38. Fee for counseling.
136 (1) Any county adopting a master plan under this [act] chapter is authorized to charge, in
137 addition to its ordinary marriage license application fees, not more than [$10] $30 for premarital
138 [counseling] education, to be paid by the applicants at the time they make the application. At the
139 time of application, all but $15 of the premarital education fee will be waived if the couple presents
140 a certificate of completion of education to the clerk.
141 (2) The remaining fee for the education may be retained by the county to continue to fund
142 premarital education.
143 (3) The county clerk may at any time, due to financial hardship of the applicants, waive
144 any or all of the premarital education fee.
145 Section 10. Section 30-1-39 is amended to read:
146 30-1-39. Violation of education provisions -- Misdemeanor.
147 Any person coming within the provisions of this [act] chapter who falsely represents that
148 he has complied with the requirements of a master plan for premarital [counseling] education or
149 who, for the purpose of evading the provisions of this [act] chapter, applies for a marriage license
150 in a county within the state [of Utah] which does not require premarital [counseling] education,
151 is guilty of a misdemeanor.

152 Section 11. Appropriation.
153 Except as provided in H.B. 4, Appropriations Coordination Act, there is appropriated from
154 the General Fund for fiscal year 1999-2000, $7,500 to the Governor's Commission on Marriage
155 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.

Office of Legislative Research and General Counsel