First Substitute H.B. 132

Representative Dixon M. Pitcher proposes the following substitute bill:

1 PREMARITAL EDUCATION AND COUNSELING
2 AMENDMENTS
3 2012 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Dixon M. Pitcher
6 Senate Sponsor: ____________
7
8 LONG TITLE
9 General Description:
10 This bill modifies the marriage education or counseling provisions by requiring a
11 reduction in marriage license fees for couples who voluntarily undergo premarital
12 counseling that meets specific criteria.
13 Highlighted Provisions:
14 This bill:
15 . reduces the marriage license fee for a couple who undergo premarital education or
16 counseling;
17 . increases the license fee for a couple who do not undergo premarital education or
18 counseling;
19 . creates a three day waiting period for a license before it can be used; and
20 . sets out a list of topics the premarital counseling should cover.
21 Money Appropriated in this Bill:
22 None
23 Other Special Clauses:
24 This bill takes effect on January 1, 2013.
25 Utah Code Sections Affected:

26 AMENDS:
27 30-1-7, as last amended by Laws of Utah 2004, Chapter 289
28 30-1-30, as enacted by Laws of Utah 1971, Chapter 64
29 30-1-36, as enacted by Laws of Utah 1971, Chapter 64
30 30-1-37, as last amended by Laws of Utah 2011, Chapter 297
31 30-1-39, as enacted by Laws of Utah 1971, Chapter 64
32 63I-1-230, as renumbered and amended by Laws of Utah 2008, Chapter 382
33 ENACTS:
34 30-1-7.5, Utah Code Annotated 1953
35 REPEALS AND REENACTS:
36 30-1-34, as enacted by Laws of Utah 1971, Chapter 64
37 REPEALS:
38 30-1-31, as enacted by Laws of Utah 1971, Chapter 64
39 30-1-32, as last amended by Laws of Utah 2011, Chapter 297
40 30-1-33, as last amended by Laws of Utah 2011, Chapter 297
41 30-1-35, as last amended by Laws of Utah 2011, Chapter 297
42 30-1-38, as enacted by Laws of Utah 1971, Chapter 64
43
44 Be it enacted by the Legislature of the state of Utah:
45 Section 1. Section 30-1-7 is amended to read:
46 30-1-7. Marriage licenses -- Use within state -- Expiration.
47 (1) [No] A marriage may not be solemnized in this state without a license issued by the
48 county clerk of any county of this state.
49 (2) A license issued within this state by a county clerk may only be used within this
50 state.
51 (3) A license that is not used within 30 days of the date of issuance is void.
52 Section 2. Section 30-1-7.5 is enacted to read:
53 30-1-7.5. Marriage licenses -- Waiting period.
54 A license is not valid and may not be used until the third day after the date of issuance,
55 not including the day of issuance, unless:
56 (1) the couple has participated in premarital education or counseling in accordance

57 with Section 30-1-34 ; or
58 (2) the county clerk grants an exemption to a couple who has not participated in
59 premarital education or counseling based on extraordinary circumstances.
60 Section 3. Section 30-1-30 is amended to read:
61 30-1-30. Premarital education or counseling -- State policy -- Applicability.
62 (1) It is the policy of the state of Utah to enhance the possibility of couples to achieve
63 more stable, satisfying and enduring marital and family relationships by providing
64 opportunities for and encouraging the use of premarital education or counseling prior to
65 securing a marriage license [by persons under 19 years of age and by persons who have been
66 previously divorced].
67 (2) As used in Sections 30-1-30 , 30-1-36 , 30-1-37 , and 30-1-39 :
68 (a) "Premarital counseling" means the engaged couple meets together or individually
69 with a licensed counselor or ordained minister who provides information and guidance
70 regarding marriage and family life.
71 (b) "Premarital education" means information regarding marriage and family life that is
72 provided within a set curricula to couples in a group or classroom setting or via an online
73 learning environment.
74 Section 4. Section 30-1-34 is repealed and reenacted to read:
75 30-1-34. Certificate of completion of counseling or education -- Reduction of
76 license fee -- Increase in fee for noncompletion of counseling or education.
77 (1) The county clerk of any county who issues a marriage license to applicants who
78 present a certificate of completion in accordance with Subsection (2) shall reduce the fee for
79 the license to $10. The reduced fee does not include any fees assessed by the state in
80 conjunction with marriage licenses and collected by the county clerk.
81 (2) In order to qualify for the reduced fee in Subsection (1), the parties shall submit a
82 signed and dated statement from the person who provided the premarital education or
83 counseling confirming that it was received.
84 (a) The premarital education or counseling shall be provided by:
85 (i) a licensed or ordained minister or the minister's designee who has been trained by
86 the minister or denomination to conduct premarital education or counseling;
87 (ii) a person authorized to solemnize marriages under Section 30-1-6 ;

88 (iii) a licensed counselor;
89 (iv) an individual certified by the National Council on Family Relations as a Certified
90 Family Life Educator;
91 (v) a Family and Consumer Sciences educator, including Family and Consumer
92 Sciences educators with the Utah State University Cooperative Extension Service; or
93 (vi) an individual who is an approved instructor of a premarital education curriculum
94 that meets the requirements in Subsection (2)(b).
95 (b) The education or counseling shall include, as a minimum, the following topics:
96 (i) commitment in marriage;
97 (ii) marital fidelity;
98 (iii) effective communication and problem-solving skills, including avoiding violence
99 and abuse in the relationship;
100 (iv) effective financial management; and
101 (v) encouragement to discuss any information that could reasonably affect the decision
102 to marry.
103 (c) At least six hours of premarital education or three hours of premarital counseling
104 are required to fulfill the requirements of this section.
105 (d) Religious organizations offering formal premarital education or counseling are
106 exempt from the content requirements in Subsection (2)(b), but shall adhere to the length of
107 time requirement.
108 (e) Providers are encouraged to make use of research-based relationship inventories.
109 (3) The statement from the person who provided the premarital education or
110 counseling under Subsection (2) shall include the following:
111 "I, (name of provider), confirm that I provided (names of both parties) at least three
112 hours of premarital counseling or six hours of premarital education. I am authorized to provide
113 premarital education or counseling in accordance with Subsection 30-1-34 (2)(a) Utah Code
114 Annotated, 1953."
115 (4) The names of the parties in the provider's statement shall be identical to the legal
116 names of the parties as they appear on the marriage license application. The provider's
117 statement shall be filed with the license.
118 (5) The fee for a marriage license if the couple has not completed premarital education

119 or counseling is $65.
120 Section 5. Section 30-1-36 is amended to read:
121 30-1-36. Activities included in premarital education.
122 Premarital education or counseling as used in this [act shall] part may include but not
123 be limited to lectures, group [counseling,] education, online courses, relationship inventories,
124 and individual education or counseling [and testing].
125 Section 6. Section 30-1-37 is amended to read:
126 30-1-37. Confidentiality of information obtained -- Recordkeeping -- Utah
127 Commission on Marriage to provide information to public.
128 (1) Except for the information required or to be required on the marriage license
129 application form, any information given by a marriage license applicant in compliance with this
130 chapter shall be confidential information and may not be released by any person, board,
131 commission, or other entity. However, the [premarital counseling board or board of
132 commissioners] county clerk or the Utah Commission on Marriage within the Department of
133 Workforce Services may use the information, without identification of individuals, to compile
134 and release statistical data.
135 (2) The county clerk shall keep a record of the number of marriage license applicants
136 who:
137 (a) paid the reduced fee because of participation in premarital education or counseling;
138 and
139 (b) were granted an exception to the 72-hour waiting period and the reason for the
140 exception.
141 (3) The information collected under Subsection (2) shall be provided in a report to the
142 Utah Commission on Marriage no later than December 31 of each year.
143 (4) The Utah Commission on Marriage shall:
144 (a) provide information and resources to educate the public on the value of premarital
145 education and counseling;
146 (b) maintain a list of marriage and family life curricula that contain the elements
147 required in Subsection 30-1-34 (2)(b) and make it available to the public;
148 (c) evaluate the effectiveness of this program based on the information provided by the
149 county clerks and other sources; and

150 (d) provide to the Judiciary, Law Enforcement and Criminal Justice Interim Committee
151 not later than October 31, 2018, and October 31, 2022, a report on the effectiveness of the
152 program in encouraging premarital counseling or education. The second report shall also
153 contain a recommendation to either sunset or continue the program.
154 Section 7. Section 30-1-39 is amended to read:
155 30-1-39. False representation of compliance -- Infraction.
156 Any person [coming within the provisions of this act] who falsely represents that [he]
157 the person has complied with the requirements of [a master plan for premarital counseling or
158 who,] Section 30-1-34 or who colludes with another for the purpose of [evading the provisions
159 of this act, applies for a marriage license in a county within the state of Utah which does not
160 require premarital counseling,] receiving the benefit of Subsection 30-1-34 (1) is guilty of [a
161 misdemeanor] an infraction.
162 Section 8. Section 63I-1-230 is amended to read:
163 63I-1-230. Repeal dates, Title 30.
164 Sections 30-1-30 , 30-1-34 , 30-1-36 , 30-1-37 , and 30-1-39 are repealed July 1, 2023.
165 Section 9. Repealer.
166 This bill repeals:
167 Section 30-1-31, Premarital counseling board in county -- Appointment, terms,
168 compensation, offices -- Common counseling board with adjacent county.
169 Section 30-1-32, Master plan for counseling.
170 Section 30-1-33, Conformity to master plan for counseling as prerequisite to
171 marriage license -- Exceptions.
172 Section 30-1-35, Persons performing counseling services designated by board --
173 Exemption from license requirements.
174 Section 30-1-38, Fee for counseling.
175 Section 10. Effective date.
176 This bill takes effect on January 1, 2013.