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H.B. 242
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7 LONG TITLE
8 General Description:
9 This bill amends provisions relating to the collection of an additional marriage license
10 fee.
11 Highlighted Provisions:
12 This bill:
13 . permits a marriage license applicant to choose not to pay an additional fee for use in
14 the operation of shelters for victims of domestic violence; and
15 . makes technical corrections.
16 Monies Appropriated in this Bill:
17 None
18 Other Special Clauses:
19 None
20 Utah Code Sections Affected:
21 AMENDS:
22 17-16-21, as last amended by Laws of Utah 2009, Chapter 123
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24 Be it enacted by the Legislature of the state of Utah:
25 Section 1. Section 17-16-21 is amended to read:
26 17-16-21. Fees of county officers.
27 (1) As used in this section, "county officer" means all of the county officers
28 enumerated in Section 17-53-101 except county recorders, county constables, and county
29 sheriffs.
30 (2) (a) Each county officer shall collect, in advance, for exclusive county use and
31 benefit:
32 (i) all fees established by the county legislative body under Section 17-53-211 ; and
33 (ii) any other fees authorized or required by law.
34 (b) As long as the displaced homemaker program is authorized by Section 35A-3-114 ,
35 the county clerk shall:
36 (i) assess $20 in addition to whatever fee for a marriage license is established under
37 authority of this section; and
38 (ii) transmit $20 from each marriage license fee to the Division of Finance to be
39 credited to the displaced homemaker program.
40 (c) As long as the Children's Legal Defense Account is authorized by Section
41 51-9-408 , the county clerk shall:
42 (i) assess $10 in addition to whatever fee for a marriage license is established under
43 authority of this section and in addition to the $20 assessed for the displaced homemaker
44 program; and
45 (ii) transmit $10 from each marriage license fee to the Division of Finance for deposit
46 in the Children's Legal Defense Account.
47 (d) (i) As long as the Division of Child and Family Services, created in Section
48 62A-4a-103 , has the responsibility under Section 62A-4a-105 to provide services, including
49 temporary shelter, for victims of domestic violence, the county clerk shall:
50 (A) collect $10 in addition to whatever fee for a marriage license is established under
51 authority of this section, in addition to the amounts described in Subsections (2)(b) and (c), [
52 unless an applicant chooses, as provided in Subsection (2)(d)(ii), to not pay the additional $10;
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54 (B) to the extent actually paid, transmit $10 from each marriage license fee to the
55 Division of Finance for distribution to the Division of Child and Family Services for the
56 operation of shelters for victims of domestic violence.
57 (ii) (A) The county clerk shall provide a method for an applicant for a marriage license
58 to choose not to pay the additional $10 referred to in Subsection (2)(d)(i).
59 (B) An applicant for a marriage license may choose not to pay the additional $10
60 referred to in Subsection (2)(d)(i) without affecting the applicant's ability to be issued a
61 marriage license.
62 (3) This section does not apply to any fees currently being assessed by the state but
63 collected by county officers.
Legislative Review Note
as of 1-18-10 6:49 AM