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First Substitute H.B. 58

Representative Carl R. Saunders proposes to substitute the following bill:




Sponsor: Carl R. Saunders

             12      This act affects sections of Utah Code Annotated 1953 as follows:
             13      AMENDS:
             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
             23      ENACTS:
             24          30-1-40, Utah Code Annotated 1953
             25      REPEALS:

             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 [of Utah] to enhance the possibility of couples to achieve more
             31      stable, satisfying, and enduring marital and family relationships by providing opportunities for and
             32      encouraging the use of premarital [counseling] education prior to securing a marriage license [by
             33      persons under 19 years of age and by persons who have been previously divorced]. In doing so,
             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 [boards of commissioners] governing bodies of the respective counties in this state
             41      are authorized to encourage and provide [for] premarital [counseling and] education to [require
             42      the use of premarital counseling as a condition precedent to] couples before the issuance of a
             43      marriage license under the provisions of this [act] chapter. [They]
             44          (2) The governing body may appoint a premarital [counseling] education board consisting
             45      of seven members, four of whom shall be lay persons and three of whom shall be chosen from
             46      [the] family-related professions [of] such as psychiatry, psychology, social work, marriage
             47      counseling, the clergy, law, or medicine. [They] It may designate the terms of office and the
             48      procedures to be followed by the premarital [counseling] education board [and], provide for
             49      payment of compensation and expenses for members[. They may], pay the salaries and expenses
             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 [counseling] education board and in establishing a common master plan for premarital
             54      [counseling] education.
             55          Section 3. Section 30-1-32 is amended to read:
             56           30-1-32. Master plan for premarital education.

             57          (1) [It shall be the function and duty of the] The premarital [counseling] education board
             58      shall, after holding public hearings, [to] make, adopt, and certify to the county legislative body a
             59      master plan for premarital [counseling] education of marriage license applicants within the
             60      purposes and objectives of this [act] chapter. Premarital education may include instruction on
             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[, but not be limited
             63      to, counseling] educational procedures which will make applicants aware of potential problem
             64      areas in their proposed marriage and [suggest] suggestions on ways of meeting problems and
             65      which will induce reconsideration or postponement where the applicants are not sufficiently
             66      matured [or are], not financially capable of meeting the responsibilities of marriage, or are
             67      marrying for reasons not conducive to a sound and lasting marriage.
             68          (2) The plan shall include standards for evaluating premarital [counseling] education
             69      received by the applicants, prior to their application for a marriage license, which would justify
             70      issuance of certificate without further [counseling] education being given or required.
             71          (3) The board may, from time to time, amend or extend the plan.
             72          (4) The premarital [counseling] education board may appoint a staff and employees [as
             73      may be] necessary for its work and may contract with public and private social service agencies
             74      or other consultants within the county or counties for services it requires[, providing, its]. Its
             75      expenditures shall not exceed [the] sums appropriated to it by the county legislative body plus
             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.
             79          [Whenever the board of commissioners of a county has adopted a master plan for
             80      premarital counseling no resident of the county may obtain a marriage license without conforming
             81      to the plan, except that:]
             82          [(1) Any person who applies for a marriage license shall have the right to secure the
             83      license and to marry notwithstanding their failure to conform to the required premarital counseling
             84      or their failure to obtain a certificate of authorization from the premarital counseling board if they
             85      wait six months from the date of application for issuance of the license.]
             86          [(2) This act shall not apply to any application for a marriage license where both parties
             87      are at least 19 years of age and neither has been previously divorced.]

             88          [(3) This act shall not apply to any application for a marriage license unless both
             89      applicants have physically resided in the state of Utah for 60 days immediately preceding their
             90      application.]
             91          [(4)] (1) Premarital [counseling required by this act] education shall be [deemed fulfilled]
             92      considered completed if the applicants present a certificate provided by the county, or a letter
             93      verified by a [clergyman] clergy person that the applicants have completed a course of premarital
             94      [counseling approved by his] education offered by a church and given by or under the supervision
             95      of the [clergyman] clergy person.
             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 [act] chapter shall issue a marriage
             103      license to those applicants who come within the premarital [counseling] education requirements
             104      of this [act] chapter when the applicants present a certificate from the premarital [counseling]
             105      education board that the [counseling] education has been completed or has been found to be
             106      adequate if the license application otherwise conforms to the requirements for issuance of a
             107      marriage license. [For those applicants who would otherwise need approval of the district court
             108      in order to marry, the certificate shall take the place of court consent if the parents, guardian or
             109      custodial parent of the applicant have given their consent to the marriage. ]
             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 [act] chapter the premarital [counseling] education board of each
             114      county or combination of counties may determine those persons who are to perform any services
             115      under this [act] chapter and any person so acting [shall] may not be subject to prosecution or other
             116      sanctions for his failure to hold any license for these services as may be required by the laws of the
             117      state [of Utah].
             118          Section 7. Section 30-1-36 is amended to read:

             119           30-1-36. Activities included in premarital education.
             120          Premarital [counseling] education as used in this [act shall] chapter may include [but not
             121      be limited to] classes based upon current marriage and divorce statistics and research, lectures,
             122      group [counseling] education, individual [counseling and testing] education, and taking of a
             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 [act] chapter
             128      shall be confidential information and [shall] may not be released by any person, board,
             129      commission, or other entity. However, the premarital [counseling] education board or board of
             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 [act] chapter is authorized to [charge,
             135      in addition to] increase its ordinary marriage license application fees[,] not more than [$10 for] $30
             136      to fund its premarital [counseling, to be paid by the applicants at the time they make application.]
             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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