S.B. 157

This document includes Senate Committee Amendments incorporated into the bill on Mon, Feb 16, 2004 at 9:55 AM by rday. --> 1

AUTHORIZATION TO PERFORM MARRIAGES
2 2004 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Carlene M. Walker
5
6 LONG TITLE
7 General Description:
8 This bill clarifies those who are authorized to solemnize a marriage may not delegate or
9 deputize other persons to solemnize a marriage.
10 Highlighted Provisions:
11 This bill:
12 . prohibits persons authorized to solemnize a marriage from delegating or deputizing
13 other persons to solemnize a marriage.
14 Monies Appropriated in this Bill:
15 None
16 Other Special Clauses:
17 None
18 Utah Code Sections Affected:
19 AMENDS:
20 30-1-6, as last amended by Chapter 2, Laws of Utah 1997
21
22 Be it enacted by the Legislature of the state of Utah:
23 Section 1. Section 30-1-6 is amended to read:
24 30-1-6. Who may solemnize marriages -- Certificate.
25 (1) Marriages may be solemnized by the following persons only:
26 (a) ministers, rabbis, or priests of any religious denomination who are:
27 (i) in regular communion with any religious society; and

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Senate Committee Amendments 2-16-2004 rd/ecm 28

(ii) 18 years of age or older;
29 (b) Native American spiritual advisors;
30 (c) the governor;
31 (d) mayors of municipalities S OR COUNTY EXECUTIVES s ;
32 (e) a justice, judge, or commissioner of a court of record;
33 (f) a judge of a court not of record of the state;
34 (g) judges or magistrates of the United States;
35 (h) the county clerk of any county in the state, if the clerk chooses to solemnize
36 marriages;
37 (i) the president of the Senate;
38 (j) the speaker of the House of Representatives; or
39 (k) a judge or magistrate who holds office in Utah when retired, under rules set by the
40 Supreme Court.
41 (2) A person authorized under Subsection (1) who solemnizes a marriage shall give to
42 the couple married a certificate of marriage that shows the:
43 (a) name of the county from which the license is issued; and
44 (b) date of the license's issuance.
45 (3) As used in this section:
46 (a) "Judge or magistrate of the United States" means:
47 (i) a justice of the United States Supreme Court;
48 (ii) a judge of a court of appeals;
49 (iii) a judge of a district court;
50 (iv) a judge of any court created by an act of Congress the judges of which are entitled
51 to hold office during good behavior;
52 (v) a judge of a bankruptcy court;
53 (vi) a judge of a tax court; or
54 (vii) a United States magistrate.
55 (b) (i) "Native American spiritual advisor" means a person who:
56 (A) (I) leads, instructs, or facilitates a Native American religious ceremony or service;
57 or
58 (II) provides religious counseling; and

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Senate Committee Amendments 2-16-2004 rd/ecm 59

(B) is recognized as a spiritual advisor by a federally recognized Native American
60 tribe.
61 (ii) "Native American spiritual advisor" includes a sweat lodge leader, medicine
62 person, traditional religious practitioner, or holy man or woman.
63 (3) Notwithstanding any other provision in law, no person authorized under Subsection
64 (1) to solemnize a marriage may delegate or deputize another person to perform the function of
65 solemnizing a marriage S , EXCEPT THAT ONLY FULL-TIME EMPLOYEES OF THE OFFICE
65a RESPONSIBLE FOR THE ISSUANCE OF MARRIAGE LICENSES MAY BE DEPUTIZED s .

Legislative Review Note
as of 1-23-04 10:23 AM

A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel