H.B. 252

This document includes House Committee Amendments incorporated into the bill on Wed, Feb 16, 2005 at 9:33 AM by ddonat. --> 1

MARRIAGE PREPARATION EDUCATION
2 2005 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Rosalind J. McGee
5 Douglas C. AagardPeggy Wallace 6
7 LONG TITLE
8 General Description:
9 This bill modifies the marriage counseling and education provisions by requiring a
10 reduction in marriage license fees for couples who voluntarily undergo marriage
11 education that meet specific criteria.
12 Highlighted Provisions:
13 This bill:
14 . provides a mechanism for couples who undergo premarital education to receive a
15 reduction of the marriage license fee;
16 . requires eight hours of premarital education;
17 . frames the requirements for premarital education; and
18 . limits who can conduct the premarital education to licensed or ordained ministers,
19 or their designees, persons who can solemnize marriages, marriage and family
20 therapists, social workers, or psychologists.
21 Monies Appropriated in this Bill:
22 None
23 Other Special Clauses:
24 None
25 Utah Code Sections Affected:
26 AMENDS:
27 17-16-21, as last amended by Chapter 9 and renumbered and amended by Chapter 46,

28 Laws of Utah 2001
29 30-1-30, as enacted by Chapter 64, Laws of Utah 1971
30 30-1-34, as enacted by Chapter 64, Laws of Utah 1971
31 30-1-36, as enacted by Chapter 64, Laws of Utah 1971
32 30-1-37, as enacted by Chapter 64, Laws of Utah 1971
33 30-1-39, as enacted by Chapter 64, Laws of Utah 1971
34 REPEALS:
35 30-1-31, as enacted by Chapter 64, Laws of Utah 1971
36 30-1-32, as last amended by Chapter 227, Laws of Utah 1993
37 30-1-33, as enacted by Chapter 64, Laws of Utah 1971
38 30-1-35, as enacted by Chapter 64, Laws of Utah 1971
39 30-1-38, as enacted by Chapter 64, Laws of Utah 1971
40
41 Be it enacted by the Legislature of the state of Utah:
42 Section 1. Section 17-16-21 is amended to read:
43 17-16-21. Fees of county officers.
44 (1) As used in this section, "county officer" means all of the county officers
45 enumerated in Section 17-53-101 except county recorders, county constables, and county
46 sheriffs.
47 (2) (a) Each county officer shall collect, in advance, for exclusive county use and
48 benefit:
49 (i) all fees established by the county legislative body under Section 17-53-211 ; and
50 (ii) any other fees authorized or required by law.
51 (b) (i) As long as the displaced homemaker program is authorized by Section
52 35A-3-114 , the county clerk shall:
53 [(i)] (A) assess $20 in addition to whatever fee for a marriage license is established
54 under authority of this section; and
55 [(ii)] (B) transmit $20 from each marriage license fee to the Division of Finance to be
56 credited to the displaced homemaker program.
57 (ii) The fee authorized by this Subsection (2)(b) shall be waived if the requirements of
58 Section 30-1-34 are met. If the fee is waived, the county is not required to transmit $20 of the

59 marriage license fee to the Division of Finance.
60 (c) As long as the Children's Legal Defense Account is authorized by Section 63-63a-8 ,
61 the county clerk shall:
62 (i) assess $10 in addition to whatever fee for a marriage license is established under
63 authority of this section and in addition to the $20 assessed for the displaced homemaker
64 program; and
65 (ii) transmit $10 from each marriage license fee to the Division of Finance for deposit
66 in the Children's Legal Defense Account.
67 (3) This section does not apply to any fees currently being assessed by the state but
68 collected by county officers.
69 Section 2. Section 30-1-30 is amended to read:
70 30-1-30. Premarital education -- State policy.
71 It is the policy of the state [of Utah] to enhance the possibility of couples to achieve
72 more stable, satisfying, and enduring marital and family relationships by providing
73 opportunities for and encouraging the use of premarital [counseling] education prior to
74 securing a marriage license [by persons under 19 years of age and by persons who have been
75 previously divorced].
76 Section 3. Section 30-1-34 is amended to read:
77 30-1-34. Certificate of completion of education -- Reduction of license fee.
78 (1) The county clerk of any county [which has adopted this act shall issue] who issues
79 a marriage license to those applicants who [come within the premarital counseling
80 requirements of this act when the applicants] present a certificate [from the premarital
81 counseling board that the counseling has been completed or has been found to be adequate if
82 the license application otherwise conforms to the requirements for issuance of a marriage
83 license. For those applicants who would otherwise need approval of the district court in order
84 to marry, the certificate shall take the place of court consent if the parents, guardian or
85 custodial parent of the applicant have given their consent to the marriage.] of completion in
86 accordance with Subsection (2) shall reduce the fee for the license by the amount assessed
87 under Subsection 17-16-21 (2)(b).
88 (2) In order to qualify for the reduced fee in Subsection (1), the parties shall submit a
89 signed and dated statement from the person who provided the premarital education confirming

90 that eight hours of premarital education were received.
91 (a) The premarital education shall be provided by:
92 (i) (A) a licensed or ordained minister; or
93 (B) the minister's designee, who shall be a person trained H. or designated .H by the
93a minister or
94 denomination to conduct premarital education;
95 (ii) a person authorized to solemnize marriages under Subsection 30-1-6 (a) or (b); or
96 (iii) a person who practices marriage and family therapy and is licensed under Title 58,
97 Chapter 60, Part 2, Social Worker Licensing Act; Part 3, Marriage and Family Therapist
98 Licensing Act; Part 4, Professional Counselor Licensing Act; or Title 58, Chapter 61,
99 Psychologist Licensing Act.
100 (b) The education shall include, as a minimum, the following topics:
101 (i) commitment;
102 (ii) communication;
103 (iii) financial management skills; and
104 (iv) conflict management skills, including an understanding of what constitutes
105 domestic abuse.
106 (c) The duration of the premarital education shall be no fewer than eight hours.
107 (3) The statement from the person who provided the premarital education under
108 Subsection (2) shall be in the following form:
109 "I, (name of provider), confirm that (names of both parties) received at least eight hours
110 of premarital education that included the following topics: commitment, communication,
111 financial management, and conflict management skills including an understanding of what
112 constitutes domestic abuse. I am a licensed or ordained minister or the minister's designee, a
113 person authorized to solemnize marriages under Section 30-1-6 , or a person who practices
114 marriage and family therapy and is licensed under Title 58, Chapter 60, Part 2, Social Worker
115 Licensing Act; Part 3, Marriage and Family Therapist Licensing Act; or Title 58, Chapter 61,
116 Psychologist Licensing Act."
117 (4) The names of the parties in the provider's statement must be identical to the legal
118 names of the parties as they appear on the marriage license application. The provider's
119 statement shall be filed with the license.
120 Section 4. Section 30-1-36 is amended to read:

121 30-1-36. Activities included in premarital education.
122 Premarital [counseling] education as used in this [act] chapter shall include but not be
123 limited to lectures, group counseling, and individual counseling [and testing].
124 Section 5. Section 30-1-37 is amended to read:
125 30-1-37. Confidentiality of information obtained under counseling provisions.
126 Except for the information required or to be required on the marriage license
127 application form, any information given by a marriage license applicant in compliance with this
128 [act] chapter shall be confidential information and shall not be released by any person, board,
129 commission, or other entity. [However, the premarital counseling board or board of
130 commissioners] The county clerk may use the information, without identification of
131 individuals, to compile and release statistical data.
132 Section 6. Section 30-1-39 is amended to read:
133 30-1-39. False representation of compliance -- Infraction.
134 Any person [coming within the provisions of this act] who falsely represents that [he]
135 the person has complied with the requirements of [a master plan for premarital counseling or
136 who,] Section 30-1-34 or who knowingly colludes with another for the purpose of [evading the
137 provisions of this act, applies for a marriage license in a county within the state of Utah which
138 does not require premarital counseling,] receiving the benefit of Subsection 30-1-34 (1) is guilty
139 of [a misdemeanor] an infraction.
140 Section 7. Repealer.
141 This bill repeals:
142 Section 30-1-31, Premarital counseling board in county -- Appointment, terms,
143 compensation, offices -- Common counseling board with adjacent county.
144 Section 30-1-32, Master plan for counseling.
145 Section 30-1-33, Conformity to master plan for counseling as prerequisite to
146 marriage license -- Exceptions.
147 Section 30-1-35, Persons performing counseling services designated by board --
148 Exemption from license requirements.
149 Section 30-1-38, Fee for counseling.

Legislative Review Note
as of 12-6-04 3:04 PM

Based on a limited legal review, this legislation has not been determined to have a high
probability of being held unconstitutional.

Office of Legislative Research and General Counsel