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7 LONG TITLE
8 General Description:
9 This bill makes technical corrections throughout the code to the terms husband and
10 wife.
11 Highlighted Provisions:
12 This bill:
13 ▸ changes the terms husband and wife throughout the code to "spouse" or "married
14 couple" as needed to retain the meaning of the statute;
15 ▸ renames Title 30 of the Utah Code to "Domestic Relations"; and
16 ▸ makes other technical corrections.
17 Money Appropriated in this Bill:
18 None
19 Other Special Clauses:
20 None
21 Utah Code Sections Affected:
22 AMENDS:
23 16-10a-724, as enacted by Laws of Utah 1992, Chapter 277
24 30-1-1, as last amended by Laws of Utah 1996, Chapter 83
25 30-1-2, as last amended by Laws of Utah 1999, Chapter 15
26 30-1-4, as last amended by Laws of Utah 1996, Chapter 83
27 30-1-4.5, as last amended by Laws of Utah 2011, Chapter 297
28 30-1-8, as last amended by Laws of Utah 2004, Chapter 261
29 30-1-9, as last amended by Laws of Utah 2000, Chapter 1
30 30-3-1, as last amended by Laws of Utah 1997, Chapter 47
31 30-3-5, as last amended by Laws of Utah 2013, Chapters 264 and 373
32 30-3-10, as last amended by Laws of Utah 2014, Chapter 409
33 30-4-2, as last amended by Laws of Utah 1977, Chapter 122
34 30-4-3, as last amended by Laws of Utah 1991, Chapter 257
35 30-4-5, as last amended by Laws of Utah 1977, Chapter 122
36 39-1-35, as last amended by Laws of Utah 1981, Chapter 174
37 53-7-302, as last amended by Laws of Utah 2012, Chapter 373
38 53A-1a-518, as last amended by Laws of Utah 2010, Chapter 162
39 53B-8a-106, as last amended by Laws of Utah 2015, Chapter 94
40 57-1-5, as last amended by Laws of Utah 2011, Chapter 88
41 57-1-25, as last amended by Laws of Utah 2011, Chapter 228
42 59-1-1404, as enacted by Laws of Utah 2009, Chapter 212
43 59-2-1109, as last amended by Laws of Utah 2013, Chapters 19 and 278
44 59-10-119, as last amended by Laws of Utah 2008, Chapter 389
45 59-10-503, as last amended by Laws of Utah 2010, Chapter 324
46 59-10-1017, as last amended by Laws of Utah 2015, Chapter 94
47 59-10-1018, as last amended by Laws of Utah 2012, Chapter 295
48 59-10-1021, as enacted by Laws of Utah 2008, Chapter 389
49 59-10-1023, as enacted by Laws of Utah 2008, Chapter 389
50 59-10-1303, as last amended by Laws of Utah 2009, Chapter 251
51 59-10-1313, as last amended by Laws of Utah 2015, Chapter 94
52 62A-1-120, as last amended by Laws of Utah 2014, Chapter 387
53 62A-11-111, as last amended by Laws of Utah 2011, Chapter 366
54 75-2-802, as repealed and reenacted by Laws of Utah 1998, Chapter 39
55 75-2-804, as last amended by Laws of Utah 2013, Chapter 264
56 76-2-302, as enacted by Laws of Utah 1973, Chapter 196
57 76-6-516, as enacted by Laws of Utah 1973, Chapter 196
58 76-7-101, as last amended by Laws of Utah 1997, Chapter 296
59 77-1-6, as enacted by Laws of Utah 1980, Chapter 15
60 78B-1-137, as renumbered and amended by Laws of Utah 2008, Chapter 3
61 78B-3-101, as enacted by Laws of Utah 2008, Chapter 3
62 78B-5-504, as renumbered and amended by Laws of Utah 2008, Chapter 3
63 78B-6-114, as renumbered and amended by Laws of Utah 2008, Chapter 3
64 78B-12-115, as renumbered and amended by Laws of Utah 2008, Chapter 3
65 78B-13-310, as renumbered and amended by Laws of Utah 2008, Chapter 3
66 78B-14-316, as last amended by Laws of Utah 2015, Chapter 45
67 REPEALS:
68 30-1-4.1, as enacted by Laws of Utah 2004, Chapter 261
69 30-3-2, Utah Code Annotated 1953
70
71 Be it enacted by the Legislature of the state of Utah:
72 Section 1. Section 16-10a-724 is amended to read:
73 16-10a-724. Corporation's acceptance of votes.
74 (1) If the name signed on a vote, consent, waiver, proxy appointment, or proxy
75 appointment revocation corresponds to the name of a shareholder, the corporation, if acting in
76 good faith, is entitled to accept the vote, consent, waiver, proxy appointment, or proxy
77 appointment revocation and give it effect as the act of the shareholder.
78 (2) If the name signed on a vote, consent, waiver, proxy appointment, or proxy
79 appointment revocation does not correspond to the name of a shareholder, the corporation, if
80 acting in good faith, is nevertheless entitled to accept the vote, consent, waiver, proxy
81 appointment, or proxy appointment revocation and give it effect as the act of the shareholder if:
82 (a) the shareholder is an entity and the name signed purports to be that of an officer or
83 agent of the entity;
84 (b) the name signed purports to be that of an administrator, executor, guardian, or
85 conservator representing the shareholder and, if the corporation requests, evidence of fiduciary
86 status acceptable to the corporation has been presented with respect to the vote, consent,
87 waiver, proxy appointment, or proxy appointment revocation;
88 (c) the name signed purports to be that of a receiver or trustee in bankruptcy of the
89 shareholder and, if the corporation requests, evidence of this status acceptable to the
90 corporation has been presented with respect to the vote, consent, waiver, proxy appointment, or
91 proxy appointment revocation;
92 (d) the name signed purports to be that of a pledgee, beneficial owner, or
93 attorney-in-fact of the shareholder and, if the corporation requests, evidence acceptable to the
94 corporation of the signatory's authority to sign for the shareholder has been presented with
95 respect to the vote, consent, waiver, proxy appointment, or proxy appointment revocation;
96 (e) two or more persons are the shareholder as cotenants or fiduciaries and the name
97 signed purports to be the name of at least one of the cotenants or fiduciaries and the person
98 signing appears to be acting on behalf of all cotenants or fiduciaries; or
99 (f) the acceptance of the vote, consent, waiver, proxy appointment, or proxy
100 appointment revocation is otherwise proper under rules established by the corporation that are
101 not inconsistent with the provisions of this section.
102 (3) If shares are registered in the names of two or more persons, whether fiduciaries,
103 members of a partnership, cotenants, husband and wife or other married spouses as community
104 property, voting trustees, persons entitled to vote under a shareholder voting agreement or
105 otherwise, or if two or more persons, including proxyholders, have the same fiduciary
106 relationship respecting the same shares, unless the secretary of the corporation or other officer
107 or agent entitled to tabulate votes is given written notice to the contrary and is furnished with a
108 copy of the instrument or order appointing them or creating the relationship wherein it is so
109 provided, their acts with respect to voting shall have the following effect:
110 (a) if only one votes, the act binds all;
111 (b) if more than one vote, the act of the majority so voting binds all;
112 (c) if more than one vote, but the vote is evenly split on any particular matter, each
113 faction may vote the securities in question proportionately;
114 (d) if the instrument so filed or the registration of the shares shows that any tenancy is
115 held in unequal interests, a majority or even split for the purpose of this section shall be a
116 majority or even split in interest.
117 (4) The corporation is entitled to reject a vote, consent, waiver, proxy appointment, or
118 proxy appointment revocation if the secretary or other officer or agent authorized to tabulate
119 votes, acting in good faith, has reasonable basis for doubt about the validity of the signature on
120 it or about the signatory's authority to sign for the shareholder.
121 (5) The corporation and its officer or agent who accepts or rejects a vote, consent,
122 waiver, proxy appointment, or proxy appointment revocation in good faith and in accordance
123 with the standards of this section are not liable in damages to the shareholder for the
124 consequences of the acceptance or rejection.
125 (6) Corporate action based on the acceptance or rejection of a vote, consent, waiver,
126 proxy appointment, or proxy appointment revocation under this section is valid unless a court
127 of competent jurisdiction determines otherwise.
128 Section 2. Section 30-1-1 is amended to read:
129
130 30-1-1. Incestuous marriages void.
131 (1) The following marriages are incestuous and void from the beginning, whether the
132 relationship is legitimate or illegitimate:
133 (a) marriages between parents and children;
134 (b) marriages between ancestors and descendants of every degree;
135 (c) marriages between brothers and sisters of the half as well as the whole blood;
136 (d) marriages between uncles [
137 (e) marriages between first cousins, except as provided in Subsection (2); or
138 (f) marriages between any persons related to each other within and not including the
139 fifth degree of consanguinity computed according to the rules of the civil law, except as
140 provided in Subsection (2).
141 (2) First cousins may marry under the following circumstances:
142 (a) both parties are 65 years of age or older; or
143 (b) if both parties are 55 years of age or older, upon a finding by the district court,
144 located in the district in which either party resides, that either party is unable to reproduce.
145 Section 3. Section 30-1-2 is amended to read:
146 30-1-2. Marriages prohibited and void.
147 The following marriages are prohibited and declared void:
148 (1) when there is a husband or wife living, from whom the person marrying has not
149 been divorced;
150 (2) when [
151 obtained as provided in Section 30-1-9;
152 (3) when [
153 3, 1999, when [
154 attempt to enter into the marriage; however, exceptions may be made for a person 15 years of
155 age, under conditions set in accordance with Section 30-1-9; and
156 (4) between a divorced person and any person other than the one from whom the
157 divorce was secured until the divorce decree becomes absolute, and, if an appeal is taken, until
158 after the affirmance of the decree[
159 [
160 Section 4. Section 30-1-4 is amended to read:
161 30-1-4. Validity of foreign marriages -- Exceptions.
162 A marriage solemnized in any other country, state, or territory, if valid where solemnized, is
163 valid here, unless it is a marriage:
164 (1) that would be prohibited and declared void in this state, under Subsection
165 30-1-2(1)[
166 (2) between parties who are related to each other within and including three degrees of
167 consanguinity, except as provided in Subsection 30-1-1(2).
168 Section 5. Section 30-1-4.5 is amended to read:
169 30-1-4.5. Validity of marriage not solemnized.
170 (1) A marriage [
171 and valid if a court or administrative order establishes that it arises out of a contract between [
172
173 (a) are of legal age and capable of giving consent;
174 (b) are legally capable of entering a solemnized marriage under the provisions of this
175 chapter;
176 (c) have cohabited;
177 (d) mutually assume marital rights, duties, and obligations; and
178 (e) [
179 as [
180 (2) The determination or establishment of a marriage under this section shall occur
181 during the relationship described in Subsection (1), or within one year following the
182 termination of that relationship. Evidence of a marriage recognizable under this section may be
183 manifested in any form, and may be proved under the same general rules of evidence as facts in
184 other cases.
185 Section 6. Section 30-1-8 is amended to read:
186 30-1-8. Application for license -- Contents.
187 (1) A marriage license may be issued by the county clerk [
188 after an application has been filed in [
189 information:
190 (a) the full names of [
191
192 (b) the social security numbers of the parties, unless the party has not been assigned a
193 number;
194 (c) the current address of each party;
195 (d) the date and place of birth (town or city, county, state or country, if possible);
196 (e) the names of their respective parents, including the maiden name of the mother, if
197 applicable;
198 (f) the birthplaces of [
199 country, if possible); and
200 (g) the distinctive race or nationality of each of the parents.
201 (2) If [
202 (3) If one or both of the parties is under 16 years of age, the clerk shall provide them
203 with a standard petition on a form approved by the Judicial Council to be presented to the
204 juvenile court to obtain the authorization required by Section 30-1-9.
205 (4) (a) The social security numbers obtained under the authority of this section may not
206 be recorded on the marriage license, and are not open to inspection as a part of the vital
207 statistics files.
208 (b) The Department of Health, Bureau of Vital Records and Health Statistics shall,
209 upon request, supply those social security numbers to the Office of Recovery Services within
210 the Department of Human Services.
211 (c) The Office of Recovery Services may not use any social security numbers obtained
212 under the authority of this section for any reason other than the administration of child support
213 services.
214 Section 7. Section 30-1-9 is amended to read:
215 30-1-9. Marriage by minors -- Consent of parent or guardian -- Juvenile court
216 authorization.
217 (1) For purposes of this section, "minor" means a male or female under 18 years of age.
218 (2) (a) If at the time of applying for a license the applicant is a minor, and not before
219 married, a license may not be issued without the signed consent of the minor's father, mother,
220 or guardian given in person to the clerk; however:
221 (i) if the parents of the minor are divorced, consent shall be given by the parent having
222 legal custody of the minor as evidenced by an oath of affirmation to the clerk;
223 (ii) if the parents of the minor are divorced and have been awarded joint custody of the
224 minor, consent shall be given by the parent having physical custody of the minor the majority
225 of the time as evidenced by an oath of affirmation to the clerk; or
226 (iii) if the minor is not in the custody of a parent, the legal guardian shall provide the
227 consent and provide proof of guardianship by court order as well as an oath of affirmation.
228 (b) If the [
229 guardian of the minor shall obtain a written authorization to marry from:
230 (i) a judge of the court exercising juvenile jurisdiction in the county where either party
231 to the marriage resides; or
232 (ii) a court commissioner as permitted by rule of the Judicial Council.
233 (3) (a) Before issuing written authorization for a minor to marry, the judge or court
234 commissioner shall determine:
235 (i) that the minor is entering into the marriage voluntarily; and
236 (ii) the marriage is in the best interests of the minor under the circumstances.
237 (b) The judge or court commissioner shall require that both parties to the marriage
238 complete premarital counseling. This requirement may be waived if premarital counseling is
239 not reasonably available.
240 (c) The judge or court commissioner may require:
241 (i) that the person continue to attend school, unless excused under Section
242 53A-11-102; and
243 (ii) any other conditions that the court [
244 circumstances.
245 (4) The determination required in Subsection (3) shall be made on the record. Any
246 inquiry conducted by the judge or commissioner may be conducted in chambers.
247 Section 8. Section 30-3-1 is amended to read:
248 30-3-1. Procedure -- Residence -- Grounds.
249 (1) Proceedings in divorce are commenced and conducted as provided by law for
250 proceedings in civil causes, except as provided in this chapter.
251 (2) The court may decree a dissolution of the marriage contract between the petitioner
252 and respondent on the grounds specified in Subsection (3) in all cases where the petitioner or
253 respondent has been an actual and bona fide resident of this state and of the county where the
254 action is brought, or if members of the armed forces of the United States who are not legal
255 residents of this state, where the petitioner has been stationed in this state under military orders,
256 for three months next prior to the commencement of the action.
257 (3) Grounds for divorce:
258 (a) impotency of the respondent at the time of marriage;
259 (b) adultery committed by the respondent subsequent to marriage;
260 (c) willful desertion of the petitioner by the respondent for more than one year;
261 (d) willful neglect of the respondent to provide for the petitioner the common
262 necessaries of life;
263 (e) habitual drunkenness of the respondent;
264 (f) conviction of the respondent for a felony;
265 (g) cruel treatment of the petitioner by the respondent to the extent of causing bodily
266 injury or great mental distress to the petitioner;
267 (h) irreconcilable differences of the marriage;
268 (i) incurable insanity; or
269 (j) when the husband and wife or other married spouses have lived separately under a
270 decree of separate maintenance of any state for three consecutive years without cohabitation.
271 (4) A decree of divorce granted under Subsection (3)(j) does not affect the liability of
272 either party under any provision for separate maintenance previously granted.
273 (5) (a) A divorce may not be granted on the grounds of insanity unless:
274 (i) the respondent has been adjudged insane by the appropriate authorities of this or
275 another state prior to the commencement of the action; and
276 (ii) the court finds by the testimony of competent witnesses that the insanity of the
277 respondent is incurable.
278 (b) The court shall appoint for the respondent a guardian ad litem who shall protect the
279 interests of the respondent. A copy of the summons and complaint shall be served on the
280 respondent in person or by publication, as provided by the laws of this state in other actions for
281 divorce, or upon [
282 the action is prosecuted.
283 (c) The county attorney shall investigate the merits of the case and if the respondent
284 resides [
285 make a defense as is just to protect the rights of the respondent and the interests of the state.
286 (d) In all actions the court and judge have jurisdiction over the payment of alimony, the
287 distribution of property, and the custody and maintenance of minor children, as the courts and
288 judges possess in other actions for divorce.
289 (e) The petitioner or respondent may, if the respondent resides in this state, upon
290 notice, have the respondent brought into the court at trial, or have an examination of the
291 respondent by two or more competent physicians, to determine the mental condition of the
292 respondent. For this purpose either party may have leave from the court to enter any asylum or
293 institution where the respondent may be confined. The costs of court in this action shall be
294 apportioned by the court.
295 Section 9. Section 30-3-5 is amended to read:
296 30-3-5. Disposition of property -- Maintenance and health care of parties and
297 children -- Division of debts -- Court to have continuing jurisdiction -- Custody and
298 parent-time -- Determination of alimony -- Nonmeritorious petition for modification.
299 (1) When a decree of divorce is rendered, the court may include in it equitable orders
300 relating to the children, property, debts or obligations, and parties. The court shall include the
301 following in every decree of divorce:
302 (a) an order assigning responsibility for the payment of reasonable and necessary
303 medical and dental expenses of the dependent children including responsibility for health
304 insurance out-of-pocket expenses such as co-payments, co-insurance, and deductibles;
305 (b) (i) if coverage is or becomes available at a reasonable cost, an order requiring the
306 purchase and maintenance of appropriate health, hospital, and dental care insurance for the
307 dependent children; and
308 (ii) a designation of which health, hospital, or dental insurance plan is primary and
309 which health, hospital, or dental insurance plan is secondary in accordance with the provisions
310 of Section 30-3-5.4 which will take effect if at any time a dependent child is covered by both
311 parents' health, hospital, or dental insurance plans;
312 (c) pursuant to Section 15-4-6.5:
313 (i) an order specifying which party is responsible for the payment of joint debts,
314 obligations, or liabilities of the parties contracted or incurred during marriage;
315 (ii) an order requiring the parties to notify respective creditors or obligees, regarding
316 the court's division of debts, obligations, or liabilities and regarding the parties' separate,
317 current addresses; and
318 (iii) provisions for the enforcement of these orders;
319 (d) provisions for income withholding in accordance with Title 62A, Chapter 11,
320 Recovery Services; and
321 (e) if either party owns a life insurance policy or an annuity contract, an
322 acknowledgment by the court that the owner:
323 (i) has reviewed and updated, where appropriate, the list of beneficiaries;
324 (ii) has affirmed that those listed as beneficiaries are in fact the intended beneficiaries
325 after the divorce becomes final; and
326 (iii) understands that if no changes are made to the policy or contract, the beneficiaries
327 currently listed will receive any funds paid by the insurance company under the terms of the
328 policy or contract.
329 (2) The court may include, in an order determining child support, an order assigning
330 financial responsibility for all or a portion of child care expenses incurred on behalf of the
331 dependent children, necessitated by the employment or training of the custodial parent. If the
332 court determines that the circumstances are appropriate and that the dependent children would
333 be adequately cared for, it may include an order allowing the noncustodial parent to provide
334 child care for the dependent children, necessitated by the employment or training of the
335 custodial parent.
336 (3) The court has continuing jurisdiction to make subsequent changes or new orders for
337 the custody of the children and their support, maintenance, health, and dental care, and for
338 distribution of the property and obligations for debts as is reasonable and necessary.
339 (4) Child support, custody, visitation, and other matters related to children born to the
340 [
341 modification.
342 (5) (a) In determining parent-time rights of parents and visitation rights of grandparents
343 and other members of the immediate family, the court shall consider the best interest of the
344 child.
345 (b) Upon a specific finding by the court of the need for peace officer enforcement, the
346 court may include in an order establishing a parent-time or visitation schedule a provision,
347 among other things, authorizing any peace officer to enforce a court-ordered parent-time or
348 visitation schedule entered under this chapter.
349 (6) If a petition for modification of child custody or parent-time provisions of a court
350 order is made and denied and the court determines that the petition was without merit and not
351 asserted or defended against in good faith, the court shall order the [
352 pay the reasonable [
353
354
355 (7) If a petition alleges noncompliance with a parent-time order by a parent, or a
356 visitation order by a grandparent or other member of the immediate family where a visitation or
357 parent-time right has been previously granted by the court, the court may award to the
358 prevailing party costs, including actual attorney fees and court costs incurred by the prevailing
359 party because of the other party's failure to provide or exercise court-ordered visitation or
360 parent-time.
361 (8) (a) The court shall consider at least the following factors in determining alimony:
362 (i) the financial condition and needs of the recipient spouse;
363 (ii) the recipient's earning capacity or ability to produce income;
364 (iii) the ability of the payor spouse to provide support;
365 (iv) the length of the marriage;
366 (v) whether the recipient spouse has custody of minor children requiring support;
367 (vi) whether the recipient spouse worked in a business owned or operated by the payor
368 spouse; and
369 (vii) whether the recipient spouse directly contributed to any increase in the payor
370 spouse's skill by paying for education received by the payor spouse or enabling the payor
371 spouse to attend school during the marriage.
372 (b) The court may consider the fault of the parties in determining whether to award
373 alimony and the terms thereof.
374 (c) "Fault" means any of the following wrongful conduct during the marriage that
375 substantially contributed to the breakup of the marriage relationship:
376 (i) engaging in sexual relations with a person other than the party's spouse;
377 (ii) knowingly and intentionally causing or attempting to cause physical harm to the
378 other party or minor children;
379 (iii) knowingly and intentionally causing the other party or minor children to
380 reasonably fear life-threatening harm; or
381 (iv) substantially undermining the financial stability of the other party or the minor
382 children.
383 (d) The court may, when fault is at issue, close the proceedings and seal the court
384 records.
385 (e) As a general rule, the court should look to the standard of living, existing at the
386 time of separation, in determining alimony in accordance with Subsection (8)(a). However, the
387 court shall consider all relevant facts and equitable principles and may, in its discretion, base
388 alimony on the standard of living that existed at the time of trial. In marriages of short
389 duration, when no children have been conceived or born during the marriage, the court may
390 consider the standard of living that existed at the time of the marriage.
391 (f) The court may, under appropriate circumstances, attempt to equalize the parties'
392 respective standards of living.
393 (g) When a marriage of long duration dissolves on the threshold of a major change in
394 the income of one of the spouses due to the collective efforts of both, that change shall be
395 considered in dividing the marital property and in determining the amount of alimony. If one
396 spouse's earning capacity has been greatly enhanced through the efforts of both spouses during
397 the marriage, the court may make a compensating adjustment in dividing the marital property
398 and awarding alimony.
399 (h) In determining alimony when a marriage of short duration dissolves, and no
400 children have been conceived or born during the marriage, the court may consider restoring
401 each party to the condition which existed at the time of the marriage.
402 (i) (i) The court has continuing jurisdiction to make substantive changes and new
403 orders regarding alimony based on a substantial material change in circumstances not
404 foreseeable at the time of the divorce.
405 (ii) The court may not modify alimony or issue a new order for alimony to address
406 needs of the recipient that did not exist at the time the decree was entered, unless the court
407 finds extenuating circumstances that justify that action.
408 (iii) In determining alimony, the income of any subsequent spouse of the payor may not
409 be considered, except as provided in this Subsection (8).
410 (A) The court may consider the subsequent spouse's financial ability to share living
411 expenses.
412 (B) The court may consider the income of a subsequent spouse if the court finds that
413 the payor's improper conduct justifies that consideration.
414 (j) Alimony may not be ordered for a duration longer than the number of years that the
415 marriage existed unless, at any time prior to termination of alimony, the court finds extenuating
416 circumstances that justify the payment of alimony for a longer period of time.
417 (9) Unless a decree of divorce specifically provides otherwise, any order of the court
418 that a party pay alimony to a former spouse automatically terminates upon the remarriage or
419 death of that former spouse. However, if the remarriage is annulled and found to be void ab
420 initio, payment of alimony shall resume if the party paying alimony is made a party to the
421 action of annulment and the payor party's rights are determined.
422 (10) Any order of the court that a party pay alimony to a former spouse terminates
423 upon establishment by the party paying alimony that the former spouse is cohabitating with
424 another person.
425 Section 10. Section 30-3-10 is amended to read:
426 30-3-10. Custody of children in case of separation or divorce -- Custody
427 consideration.
428 (1) If a husband and wife [
429 separated, or their marriage is declared void or dissolved, the court shall make an order for the
430 future care and custody of the minor children as it considers appropriate.
431 (a) In determining any form of custody, including a change in custody, the court shall
432 consider the best interests of the child without preference for either [
433 parent solely because of the biological sex of the parent and, among other factors the court
434 finds relevant, the following:
435 (i) the past conduct and demonstrated moral standards of each of the parties;
436 (ii) which parent is most likely to act in the best interest of the child, including
437 allowing the child frequent and continuing contact with the noncustodial parent;
438 (iii) the extent of bonding between the parent and child, meaning the depth, quality,
439 and nature of the relationship between a parent and child;
440 (iv) whether the parent has intentionally exposed the child to pornography or material
441 harmful to a minor, as defined in Section 76-10-1201; and
442 (v) those factors outlined in Section 30-3-10.2.
443 (b) There shall be a rebuttable presumption that joint legal custody, as defined in
444 Section 30-3-10.1, is in the best interest of the child, except in cases where there is:
445 (i) domestic violence in the home or in the presence of the child;
446 (ii) special physical or mental needs of a parent or child, making joint legal custody
447 unreasonable;
448 (iii) physical distance between the residences of the parents, making joint decision
449 making impractical in certain circumstances; or
450 (iv) any other factor the court considers relevant including those listed in this section
451 and Section 30-3-10.2.
452 (c) The person who desires joint legal custody shall file a proposed parenting plan in
453 accordance with Sections 30-3-10.8 and 30-3-10.9. A presumption for joint legal custody may
454 be rebutted by a showing by a preponderance of the evidence that it is not in the best interest of
455 the child.
456 (d) The children may not be required by either party to testify unless the trier of fact
457 determines that extenuating circumstances exist that would necessitate the testimony of the
458 children be heard and there is no other reasonable method to present their testimony.
459 (e) The court may inquire of the children and take into consideration the children's
460 desires regarding future custody or parent-time schedules, but the expressed desires are not
461 controlling and the court may determine the children's custody or parent-time otherwise. The
462 desires of a child 14 years of age or older shall be given added weight, but is not the single
463 controlling factor.
464 (f) If interviews with the children are conducted by the court pursuant to Subsection
465 (1)(e), they shall be conducted by the judge in camera. The prior consent of the parties may be
466 obtained but is not necessary if the court finds that an interview with the children is the only
467 method to ascertain the child's desires regarding custody.
468 [
469
470
471
472 [
473 shall take that evidence into consideration in determining whether to award custody to the other
474 parent.
475 [
476 against a parent due to a disability, as defined in Section 57-21-2, in awarding custody or
477 determining whether a substantial change has occurred for the purpose of modifying an award
478 of custody.
479 (b) If a court takes a parent's disability into account in awarding custody or determining
480 whether a substantial change has occurred for the purpose of modifying an award of custody,
481 the parent with a disability may rebut any evidence, presumption, or inference arising from the
482 disability by showing that:
483 (i) the disability does not significantly or substantially inhibit the parent's ability to
484 provide for the physical and emotional needs of the child at issue; or
485 (ii) the parent with a disability has sufficient human, monetary, or other resources
486 available to supplement the parent's ability to provide for the physical and emotional needs of
487 the child at issue.
488 (c) Nothing in this section may be construed to apply to adoption proceedings under
489 Title 78B, Chapter 6, Part 1, Utah Adoption Act.
490 [
491 joint physical custody or sole physical custody, but allows the court and the family the widest
492 discretion to choose a parenting plan that is in the best interest of the child.
493 Section 11. Section 30-4-2 is amended to read:
494 30-4-2. Procedure -- Venue.
495 In all actions brought [
496 be the same as [
497 county where [
498 Section 12. Section 30-4-3 is amended to read:
499 30-4-3. Custody and maintenance of children -- Property and debt division --
500 Support payments.
501 (1) In all actions brought under this chapter the court may by order or decree:
502 (a) provide for the care, custody, and maintenance of the minor children of the parties
503 and may determine with which of the parties the children or any of them shall remain;
504 (b) (i) provide for support of either spouse and the support of the minor children
505 remaining with that spouse;
506 (ii) provide how and when support payments shall be made; and
507 (iii) provide that either spouse have a lien upon the property of the other to secure
508 payment of the support or maintenance obligation;
509 (c) award to either spouse the possession of any real or personal property of the other
510 spouse or acquired by the spouses during the marriage; or
511 (d) pursuant to Section 15-4-6.5:
512 (i) specify which party is responsible for the payment of joint debts, obligations, or
513 liabilities contracted or incurred by the parties during the marriage;
514 (ii) require the parties to notify respective creditors or obligees regarding the court's
515 division of debts, obligations, and liabilities and regarding the parties' separate, current
516 addresses; and
517 (iii) provide for the enforcement of these orders.
518 (2) The orders and decrees under this section may be enforced by:
519 (a) the sale of any property of the spouse [
520 (b) contempt proceedings; or [
521 (c) any other means necessary.
522 (3) The court may change the support or maintenance of a party from time to time
523 according to the party's circumstances, and may terminate altogether any obligation upon
524 satisfactory proof of voluntary and permanent reconciliation. An order or decree of support or
525 maintenance shall in every case be valid only during the joint lives of the [
526 parties.
527 Section 13. Section 30-4-5 is amended to read:
528 30-4-5. Rights and remedies -- Imprisonment of spouse.
529 Like rights and remedies shall be extended to either husband or wife or other married
530 spouse on the imprisonment of the other in the state prison under a sentence of one year or
531 more when suitable provision has not been made for the support of the one not so imprisoned.
532 Section 14. Section 39-1-35 is amended to read:
533 39-1-35. State employees in National Guard -- Care of dependents when called
534 into service.
535 If the National Guard of this state is called into the service of the state, the state shall
536 provide for the dependents of state employees who are enlisted members of the National Guard
537 so called into service. The Board of Examiners shall cause an examination to be made into the
538 merits of all cases of alleged dependency, and upon finding that any mother, father,
539 grandfather, grandmother, husband, wife, spouse, sister, brother, or child of [
540 the National Guard, or any or either of them, are dependent upon [
541 support, the Board of Examiners shall determine the amount to be paid by the state to any
542 [
543 [
544 amounts available for military purposes or for the maintenance and support of the National
545 Guard. If there are not sufficient funds available to pay for the necessary support of all the
546 dependents determined and specified by the board of examiners, the funds available shall be
547 prorated among the dependents specified by the Board of Examiners. The Board of Examiners
548 in specifying the amounts to be paid to [
549 weekly or monthly basis and on [
550 each particular case.
551 Section 15. Section 53-7-302 is amended to read:
552 53-7-302. Definitions.
553 As used in this part:
554 (1) "Board" means the Liquefied Petroleum Gas Board created in Section 53-7-304.
555 (2) "Container" means any vessel, including cylinders, tanks, portable tanks, and cargo
556 tanks used for transporting or storing liquefied petroleum gases, except containers subject to
557 regulation and inspection by the Department of Transportation and under federal laws or
558 regulations.
559 (3) "Distributor" means any person engaged in the distribution of liquefied petroleum
560 gas, either wholesale or retail, including a commercial carrier, as identified by the Department
561 of Transportation or the Interstate Commerce Commission, who transports or hauls liquefied
562 petroleum gas that is to be distributed or sold within this state.
563 (4) "Enforcing authority" means the division, the municipal or county fire department,
564 another fire-prevention agency acting within its jurisdiction, or the building official of any city
565 or county and his authorized representatives.
566 (5) "Final consumer" means an individual or business who is the ultimate user of LPG.
567 (6) "Gas appliance" means any device that uses liquefied petroleum gas to produce
568 light, heat, power, steam, hot water, refrigeration, or air conditioning.
569 (7) "Installer" means any person who has satisfactorily passed an examination under
570 the supervision of the board, testing his knowledge and ability to install or properly repair
571 domestic systems, industrial systems, liquefied petroleum gas carburetion systems, bulk plant
572 systems, standby plant systems, or other similar systems, and who holds an installer's certificate
573 under this part.
574 (8) "Licensee" means a person licensed by the board to engage in the liquefied
575 petroleum gas business.
576 (9) "Liquefied petroleum gas" means any material having a vapor pressure not
577 exceeding that allowed for commercial propane and composed predominantly of the following
578 hydrocarbons, either by themselves or as mixtures: propane, propylene, butane, normal butane,
579 or isobutane, and butylene, including isomers.
580 (10) "Liquefied petroleum gas carburetion system" means any carburetion system using
581 liquefied petroleum gas as a fuel in a motor vehicle.
582 (11) "Liquefied petroleum gas fueling system" means an assembly consisting of
583 compressors, containers, piping, and other delivery devices for the purpose of dispensing
584 liquefied petroleum gas for use as a fuel in a motor vehicle.
585 (12) "LPG" means liquefied petroleum gas.
586 (13) "Person" means any individual, firm, partnership, joint venture, association,
587 corporation, estate, trust, or any other group or combination acting as a unit, and includes:
588 (a) a husband, wife, or both, or other spouses or married couples where joint benefits
589 are derived from the operation of a business or activity subject to this part; and
590 (b) any state, county, municipality, or other agency engaged in a business or activity
591 subject to this part.
592 (14) "Red tag" means a card or device, red in color, containing printed notice of the
593 condemnation of a liquefied petroleum gas system as a result of a violation of this part, or any
594 rules or orders made by the board; the tag, when attached to the system, is official notice of
595 condemnation and of the prohibition of further use, so long as the red tag remains lawfully
596 affixed.
597 (15) "System" means an assembly consisting of one or more containers with a means
598 for conveying LPG from the container or containers to dispensing or consuming devices, either
599 continuously or intermittently, and that incorporates components intended to achieve control of
600 quantity, flow, and pressure or state, either liquid or vapor.
601 Section 16. Section 53A-1a-518 is amended to read:
602 53A-1a-518. Regulated transactions and relationships -- Definitions --
603 Rulemaking.
604 (1) As used in this section:
605 (a) "Charter school officer" means:
606 (i) a member of a charter school's governing board;
607 (ii) a member of a board or an officer of a nonprofit corporation under which a charter
608 school is organized and managed; or
609 (iii) the chief administrative officer of a charter school.
610 (b) (i) "Employment" means a position in which a person's salary, wages, pay, or
611 compensation, whether as an employee or contractor, is paid from charter school funds.
612 (ii) "Employment" does not include a charter school volunteer.
613 (c) "Relative" means a father, mother, husband, wife, spouse, son, daughter, sister,
614 brother, uncle, aunt, nephew, niece, first cousin, mother-in-law, father-in-law, brother-in-law,
615 sister-in-law, son-in-law, or daughter-in-law.
616 (2) (a) Except as provided in Subsection (2)(b), a relative of a charter school officer
617 may not be employed at a charter school.
618 (b) If a relative of a charter school officer is to be considered for employment in a
619 charter school, the charter school officer shall:
620 (i) disclose the relationship, in writing, to the other charter school officers;
621 (ii) submit the employment decision to the charter school's governing board for the
622 approval, by majority vote, of the charter school's governing board;
623 (iii) abstain from voting on the issue; and
624 (iv) be absent from any meeting when the employment is being considered and
625 determined.
626 (3) (a) Except as provided in Subsections (3)(b) and (3)(c), a charter school officer or a
627 relative of a charter school officer may not have a financial interest in a contract or other
628 transaction involving a charter school in which the charter school officer serves as a charter
629 school officer.
630 (b) If a charter school's governing board considers entering into a contract or executing
631 a transaction in which a charter school officer or a relative of a charter school officer has a
632 financial interest, the charter school officer shall:
633 (i) disclose the financial interest, in writing, to the other charter school officers;
634 (ii) submit the contract or transaction decision to the charter school's governing board
635 for the approval, by majority vote, of the charter school's governing board;
636 (iii) abstain from voting on the issue; and
637 (iv) be absent from any meeting when the contract or transaction is being considered
638 and determined.
639 (c) The provisions in Subsection (3)(a) do not apply to a reasonable contract of
640 employment for:
641 (i) the chief administrative officer of a charter school; or
642 (ii) a relative of the chief administrative officer of a charter school whose employment
643 is approved in accordance with the provisions in Subsection (2).
644 (4) The State Board of Education or State Charter School Board may not operate a
645 charter school.
646 Section 17. Section 53B-8a-106 is amended to read:
647 53B-8a-106. Account agreements.
648 The plan may enter into account agreements with account owners on behalf of
649 beneficiaries under the following terms and agreements:
650 (1) (a) An account agreement may require an account owner to agree to invest a
651 specific amount of money in the plan for a specific period of time for the benefit of a specific
652 beneficiary, not to exceed an amount determined by the executive director.
653 (b) Account agreements may be amended to provide for adjusted levels of payments
654 based upon changed circumstances or changes in educational plans.
655 (c) An account owner may make additional optional payments as long as the total
656 payments for a specific beneficiary do not exceed the total estimated higher education costs as
657 determined by the executive director.
658 (d) Subject to Subsections (1)(f) and (g), the maximum amount of a qualified
659 investment that a corporation that is an account owner may subtract from unadjusted income
660 for a taxable year in accordance with Title 59, Chapter 7, Corporate Franchise and Income
661 Taxes, is $1,710 for each individual beneficiary for the taxable year beginning on or after
662 January 1, 2010, but beginning on or before December 31, 2010.
663 (e) Subject to Subsections (1)(f) and (g), the maximum amount of a qualified
664 investment that may be used as the basis for claiming a tax credit in accordance with Section
665 59-10-1017, is:
666 (i) subject to Subsection (1)(e)(iv), for a resident or nonresident estate or trust that is an
667 account owner, $1,710 for each individual beneficiary for the taxable year beginning on or after
668 January 1, 2010, but beginning on or before December 31, 2010;
669 (ii) subject to Subsection (1)(e)(iv), for a resident or nonresident individual that is an
670 account owner, other than a husband and wife or other married couple who are account owners
671 and file a single return jointly under Title 59, Chapter 10, Individual Income Tax Act, $1,710
672 for each individual beneficiary for the taxable year beginning on or after January 1, 2010, but
673 beginning on or before December 31, 2010;
674 (iii) subject to Subsection (1)(e)(iv), for a husband and wife or other married couple
675 who are account owners and file a single return jointly under Title 59, Chapter 10, Individual
676 Income Tax Act, $3,420 for each individual beneficiary:
677 (A) for the taxable year beginning on or after January 1, 2010, but beginning on or
678 before December 31, 2010; and
679 (B) regardless of whether the plan has entered into:
680 (I) a separate account agreement with each spouse; or
681 (II) a single account agreement with both spouses jointly; or
682 (iv) for a grantor trust:
683 (A) if the owner of the grantor trust has a single filing status or head of household
684 filing status as defined in Section 59-10-1018, the amount described in Subsection (1)(e)(ii); or
685 (B) if the owner of the grantor trust has a joint filing status as defined in Section
686 59-10-1018, the amount described in Subsection (1)(e)(iii).
687 (f) (i) For taxable years beginning on or after January 1, 2011, the executive director
688 shall annually increase the maximum amount of a qualified investment described in
689 Subsections (1)(d) and (1)(e)(i) and (ii), by a percentage equal to the increase in the consumer
690 price index for the preceding calendar year.
691 (ii) After making an increase required by Subsection (1)(f)(i), the executive director
692 shall:
693 (A) round the maximum amount of the qualified investments described in Subsections
694 (1)(d) and (1)(e)(i) and (ii) increased under Subsection (1)(f)(i) to the nearest 10 dollar
695 increment; and
696 (B) increase the maximum amount of the qualified investment described in Subsection
697 (1)(e)(iii) so that the maximum amount of the qualified investment described in Subsection
698 (1)(e)(iii) is equal to the product of:
699 (I) the maximum amount of the qualified investment described in Subsection (1)(e)(ii)
700 as rounded under Subsection (1)(f)(ii)(A); and
701 (II) two.
702 (iii) For purposes of Subsections (1)(f)(i) and (ii), the executive director shall calculate
703 the consumer price index as provided in Sections 1(f)(4) and 1(f)(5), Internal Revenue Code.
704 (g) For taxable years beginning on or after January 1, 2011, the executive director shall
705 keep the previous year's maximum amount of a qualified investment described in Subsections
706 (1)(d) and (1)(e)(i) and (ii) if the consumer price index for the preceding calendar year
707 decreases.
708 (2) (a) Beneficiaries designated in account agreements must be designated after birth
709 and before age 19 for an account owner to:
710 (i) subtract a qualified investment from income under Title 59, Chapter 7, Corporate
711 Franchise and Income Taxes; or
712 (ii) use a qualified investment as the basis for claiming a tax credit in accordance with
713 Section 59-10-1017.
714 (b) Account owners may designate a beneficiary age 19 or older, but investments for
715 that beneficiary are not eligible to be:
716 (i) subtracted from income under Title 59, Chapter 7, Corporate Franchise and Income
717 Taxes; or
718 (ii) used as the basis for claiming a tax credit in accordance with Section 59-10-1017.
719 (3) Each account agreement shall state clearly that there are no guarantees regarding
720 money in the plan as to the return of principal and that losses could occur.
721 (4) Each account agreement shall provide that:
722 (a) a contributor to, or designated beneficiary under, an account agreement may not
723 direct the investment of any contributions or earnings on contributions;
724 (b) any part of the money in any account may not be used as security for a loan; and
725 (c) an account owner may not borrow from the plan.
726 (5) The execution of an account agreement by the plan may not guarantee in any way
727 that higher education costs will be equal to projections and estimates provided by the plan or
728 that the beneficiary named in any account agreement will:
729 (a) be admitted to an institution of higher education;
730 (b) if admitted, be determined a resident for tuition purposes by the institution of
731 higher education;
732 (c) be allowed to continue attendance at the institution of higher education following
733 admission; or
734 (d) graduate from the institution of higher education.
735 (6) A beneficiary may be changed as permitted by the rules and regulations of the
736 board upon written request of the account owner prior to the date of admission of any
737 beneficiary under an account agreement by an institution of higher education so long as the
738 substitute beneficiary is eligible for participation.
739 (7) An account agreement may be freely amended throughout the term of the account
740 agreement in order to enable an account owner to increase or decrease the level of
741 participation, change the designation of beneficiaries, and carry out similar matters as
742 authorized by rule.
743 (8) Each account agreement shall provide that:
744 (a) the account agreement may be canceled upon the terms and conditions, and upon
745 payment of the fees and costs set forth and contained in the board's rules and regulations; and
746 (b) the executive director may amend the agreement unilaterally and retroactively, if
747 necessary, to maintain the plan as a qualified tuition program under Section 529, Internal
748 Revenue Code.
749 Section 18. Section 57-1-5 is amended to read:
750 57-1-5. Creation of joint tenancy presumed -- Tenancy in common -- Severance of
751 joint tenancy -- Tenants by the entirety -- Tenants holding as community property.
752 (1) (a) (i) Beginning on May 5, 1997, every ownership interest in real estate granted to
753 two persons in their own right who are designated as husband and wife or other married couple
754 in the granting documents is presumed to be a joint tenancy interest with rights of survivorship,
755 unless severed, converted, or expressly declared in the grant to be otherwise.
756 (ii) Except as provided in Subsection (1)(a)(iii), joint tenancy may be established
757 between two or more people.
758 (iii) Joint tenancy may not be established between a person and an entity or
759 organization, including:
760 (A) a corporation;
761 (B) a trustee of a trust; or
762 (C) a partnership.
763 (iv) Joint tenancy may not be established between an entity or organization and another
764 entity or organization.
765 (b) Every ownership interest in real estate that does not qualify for the joint tenancy
766 presumption as provided in Subsection (1)(a) is presumed to be a tenancy in common interest
767 unless expressly declared in the grant to be otherwise.
768 (2) (a) Use of words "joint tenancy" or "with rights of survivorship" or "and to the
769 survivor of them" or words of similar import means a joint tenancy.
770 (b) (i) Use of words "tenancy in common" or "with no rights of survivorship" or
771 "undivided interest" or words of similar import declare a tenancy in common.
772 (ii) Use of words "and/or" in the context of an ownership interest declare a tenancy in
773 common unless accompanied by joint tenancy language described in Subsection (2)(a), which
774 creates a joint tenancy.
775 (3) A person who owns real property creates a joint tenancy in himself or herself and
776 another or others:
777 (a) by making a transfer to himself or herself and another or others as joint tenants by
778 use of the words as provided in Subsection (2)(a); or
779 (b) by conveying to another person or persons an interest in land in which an interest is
780 retained by the grantor and by declaring the creation of a joint tenancy by use of the words as
781 provided in Subsection (2)(a).
782 (4) In all cases, the interest of joint tenants shall be equal and undivided.
783 (5) (a) Except as provided in Subsection (5)(b), if a joint tenant makes a bona fide
784 conveyance of the joint tenant's interest in property held in joint tenancy to himself or herself or
785 another, the joint tenancy is severed and converted into a tenancy in common.
786 (b) If there is more than one joint tenant remaining after a joint tenant severs a joint
787 tenancy under Subsection (5)(a), the remaining joint tenants continue to hold their interest in
788 joint tenancy.
789 (6) The amendments to this section in Laws of Utah 1997, Chapter 124, have no
790 retrospective operation and shall govern instruments executed and recorded on or after May 5,
791 1997.
792 (7) Tenants by the entirety are considered to be joint tenants.
793 (8) Tenants holding title as community property are considered to be joint tenants.
794 Section 19. Section 57-1-25 is amended to read:
795 57-1-25. Notice of trustee's sale -- Description of property -- Time and place of
796 sale.
797 (1) The trustee shall give written notice of the time and place of sale particularly
798 describing the property to be sold:
799 (a) by publication of the notice:
800 (i) (A) at least three times;
801 (B) once a week for three consecutive weeks;
802 (C) the last publication to be at least 10 days but not more than 30 days before the date
803 the sale is scheduled; and
804 (D) in a newspaper having a general circulation in each county in which the property to
805 be sold, or some part of the property to be sold, is situated; and
806 (ii) in accordance with Section 45-1-101 for 30 days before the date the sale is
807 scheduled;
808 (b) by posting the notice:
809 (i) at least 20 days before the date the sale is scheduled; and
810 (ii) (A) in some conspicuous place on the property to be sold; and
811 (B) at the office of the county recorder of each county in which the trust property, or
812 some part of it, is located; and
813 (c) if the stated purpose of the obligation for which the trust deed was given as security
814 is to finance residential rental property:
815 (i) by posting the notice, including the statement required under Subsection (3)(b):
816 (A) on the primary door of each dwelling unit on the property to be sold, if the property
817 to be sold has fewer than nine dwelling units; or
818 (B) in at least two conspicuous places on the property to be sold, in addition to the
819 posting required under Subsection (1)(b)(ii)(A), if the property to be sold has nine or more
820 dwelling units; or
821 (ii) by mailing the notice, including the statement required under Subsection (3)(b), to
822 the occupant of each dwelling unit on the property to be sold.
823 (2) (a) The sale shall be held at the time and place designated in the notice of sale.
824 (b) The time of sale shall be between the hours of 8 a.m. and 5 p.m.
825 (c) The place of sale shall be clearly identified in the notice of sale under Subsection
826 (1) and shall be at a courthouse serving the county in which the property to be sold, or some
827 part of the property to be sold, is located.
828 (3) (a) The notice of sale shall be in substantially the following form:
829
830 The following described property will be sold at public auction to the highest bidder,
831 payable in lawful money of the United States at the time of sale, at (insert location of sale)
832 ________________on __________(month\day\year), at __.m. of said day, for the purpose of
833 foreclosing a trust deed originally executed by ____ (and ____, [
834 in favor of ____, covering real property located at ____, and more particularly described as:
835
836 The current beneficiary of the trust deed is ______________________ and the record
837 owners of the property as of the recording of the notice of default are _________________ and
838 ____________________.
839 Dated __________(month\day\year).
_______________
840
Trustee
841 (b) If the stated purpose of the obligation for which the trust deed was given as security
842 is to finance residential rental property, the notice required under Subsection (1)(c) shall
843 include a statement, in at least 14-point font, substantially as follows:
844 "Notice to Tenant
845 As stated in the accompanying Notice of Trustee's Sale, this property is scheduled to be
846 sold at public auction to the highest bidder unless the default in the obligation secured by this
847 property is cured. If the property is sold, you may be allowed under federal law to continue to
848 occupy your rental unit until your rental agreement expires, or until 90 days after the date you
849 are served with a notice to vacate, whichever is later. If your rental or lease agreement expires
850 after the 90-day period, you may need to provide a copy of your rental or lease agreement to the
851 new owner to prove your right to remain on the property longer than 90 days after the sale of
852 the property.
853 You must continue to pay your rent and comply with other requirements of your rental
854 or lease agreement or you will be subject to eviction for violating your rental or lease
855 agreement.
856 The new owner or the new owner's representative will probably contact you after the
857 property is sold with directions about where to pay rent.
858 The new owner of the property may or may not want to offer to enter into a new rental
859 or lease agreement with you at the expiration of the period described above."
860 (4) The failure to provide notice as required under Subsections (1)(c) and (3)(b) or a
861 defect in that notice may not be the basis for challenging or invaliding a trustee's sale.
862 (5) A trustee qualified under Subsection 57-1-21(1)(a)(i) or (iv) who exercises a power
863 of sale has a duty to the trustor not to defraud, or conspire or scheme to defraud, the trustor.
864 Section 20. Section 59-1-1404 is amended to read:
865 59-1-1404. Definition -- Mailing procedures -- Rulemaking authority --
866 Commission mailing requirements.
867 (1) As used in this section, "Section 7502, Internal Revenue Code" means:
868 (a) Section 7502, Internal Revenue Code, in effect for the taxable year; or
869 (b) a corresponding or comparable provision to Section 7502, Internal Revenue Code,
870 as amended, redesignated, or reenacted.
871 (2) If the commission or a person is required to mail a document under this part:
872 (a) the commission or the person shall mail the document using:
873 (i) the United States Postal Service; or
874 (ii) a delivery service the commission describes or designates in accordance with any
875 rules the commission makes as authorized by Subsection (3); and
876 (b) the document is considered to be mailed:
877 (i) for a document that is mailed using the method described in Subsection (2)(a)(i), on
878 the date the document is postmarked; or
879 (ii) for a document that is mailed using the method described in Subsection (2)(a)(ii),
880 on the date the delivery service records or marks the document as having been received by the
881 delivery service for delivery in accordance with any rules the commission makes as authorized
882 by Subsection (3).
883 (3) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
884 commission may make rules:
885 (a) describing or designating one or more delivery services the commission or a person
886 may use to mail a document under this part if a delivery service the commission describes or
887 specifies is consistent with the definition of "designated delivery service" in Section 7502,
888 Internal Revenue Code; or
889 (b) providing procedures or requirements for determining the date a delivery service
890 records or marks a document as having been received by the delivery service for delivery if
891 those rules are consistent with Section 7502, Internal Revenue Code.
892 (4) Subject to Subsection (5), if the commission is required to mail a notice to a person
893 under this part, the commission shall mail the notice to the person at the person's last-known
894 address as shown on the records of the commission.
895 (5) In the case of a joint return filed by a husband and wife or other married couple
896 under Chapter 10, Individual Income Tax Act, if the commission is notified in writing by either
897 spouse that separate residences have been established, the commission shall mail a duplicate of
898 the joint notice to each spouse at each spouse's last-known address.
899 Section 21. Section 59-2-1109 is amended to read:
900 59-2-1109. Indigent persons -- Deferral or abatement -- Application -- County
901 authority to make refunds.
902 (1) A person under the age of 65 years is not eligible for a deferral or abatement
903 provided for poor people under Sections 59-2-1107 and 59-2-1108 unless:
904 (a) the county finds that extreme hardship would prevail if the grants were not made; or
905 (b) the person has a disability.
906 (2) (a) An application for the deferral or abatement shall be filed on or before
907 September 1 with the county in which the property is located.
908 (b) The application shall include a signed statement setting forth the eligibility of the
909 applicant for the deferral or abatement.
910 (c) Both [
911
912 (i) in which they both reside; and
913 (ii) which they own as joint tenants.
914 (d) A county may extend the deadline for filing under Subsection (2)(a) until December
915 31 if the county finds that good cause exists to extend the deadline.
916 (3) (a) For purposes of this Subsection (3):
917 (i) "Property taxes due" means the taxes due on a person's property:
918 (A) for which an abatement is granted by a county under Section 59-2-1107; and
919 (B) for the calendar year for which the abatement is granted.
920 (ii) "Property taxes paid" is an amount equal to the sum of:
921 (A) the amount of the property taxes the person paid for the taxable year for which the
922 person is applying for the abatement; and
923 (B) the amount of the abatement the county grants under Section 59-2-1107.
924 (b) A county granting an abatement to a person under Section 59-2-1107 shall refund
925 to that person an amount equal to the amount by which the person's property taxes paid exceed
926 the person's property taxes due, if that amount is $1 or more.
927 (4) For purposes of this section:
928 (a) a poor person is any person:
929 (i) whose total household income as defined in Section 59-2-1202 is less than the
930 maximum household income certified to a homeowner's credit under Subsection 59-2-1208(1);
931 (ii) who resides for not less than 10 months of each year in the residence for which the
932 tax relief, deferral, or abatement is requested; and
933 (iii) who is unable to meet the tax assessed on the person's real property that is
934 residential property as the tax becomes due; and
935 (b) "residence" includes a mobile home as defined under Section 70D-2-102.
936 (5) If the claimant is the grantor of a trust holding title to real or tangible personal
937 property on which an abatement or deferral is claimed, the claimant may claim the portion of
938 the abatement or deferral under Section 59-2-1107 or 59-2-1108 and be treated as the owner of
939 that portion of the property held in trust for which the claimant proves to the satisfaction of the
940 county that:
941 (a) title to the portion of the trust will revest in the claimant upon the exercise of a
942 power:
943 (i) by:
944 (A) the claimant as grantor of the trust;
945 (B) a nonadverse party; or
946 (C) both the claimant and a nonadverse party; and
947 (ii) regardless of whether the power is a power:
948 (A) to revoke;
949 (B) to terminate;
950 (C) to alter;
951 (D) to amend; or
952 (E) to appoint;
953 (b) the claimant is obligated to pay the taxes on that portion of the trust property
954 beginning January 1 of the year the claimant claims the abatement or deferral; and
955 (c) the claimant meets the requirements under this part for the abatement or deferral.
956 (6) The commission shall adopt rules to implement this section.
957 (7) Any poor person may qualify for:
958 (a) the deferral of taxes under Section 59-2-1108;
959 (b) if the person meets the requisites of this section, for the abatement of taxes under
960 Section 59-2-1107; or
961 (c) both:
962 (i) the deferral described in Subsection (7)(a); and
963 (ii) the abatement described in Subsection (7)(b).
964 Section 22. Section 59-10-119 is amended to read:
965 59-10-119. Returns by a married couple if either is a nonresident.
966 (1) If the adjusted gross income of a husband and wife or other married couple who are
967 both nonresidents of this state is reported or determined on separate federal individual income
968 tax returns[
969
970 (a) each spouse's state taxable income shall be separately reported or determined; and
971 (b) if a spouse is required to file a return under this chapter, the spouse may not file a
972 joint return under this chapter.
973 (2) If the adjusted gross income of a husband and wife or other married couple who are
974 both nonresidents of this state is reported or determined on a joint federal individual income
975 tax return[
976
977 (a) the married couple's state taxable income shall be jointly reported or determined;
978 and
979 (b) if the married couple is required to file a return under this chapter, the return shall
980 be a joint return.
981 (3) (a) [
982 this state and the other spouse is a resident of this state[
983
984 (i) each spouse's state taxable income shall be separately reported or determined; and
985 (ii) if a spouse is required to file a return under this chapter, the spouse may not file a
986 joint return under this chapter.
987 (b) [
988 other married couple described in Subsection (3)(a) may elect to be considered to be residents
989 of this state for purposes of determining state taxable income for a taxable year.
990 (c) If one spouse who is a nonresident of this state and the other spouse who is a
991 resident of this state file a joint federal income tax return, but determine state taxable income
992 separately, the spouses shall compute their taxable incomes in this state as if their adjusted
993 gross incomes had been determined separately.
994 (4) For purposes of this section:
995 (a) if individual spouses file separate returns under this chapter, the spouses' tax
996 liability is several; or
997 (b) if a married couple files a joint return under this chapter, the individual spouses' tax
998 liability is joint and several.
999 Section 23. Section 59-10-503 is amended to read:
1000 59-10-503. Returns by a married couple.
1001 [
1002
1003
1004 (1) Except as provided in Subsection (2), (4), or (5), for purposes of this chapter, a
1005 husband and wife or other married couple may file a single return jointly even if one of the
1006 spouses does not have income, or an addition to or subtraction from income, in this state.
1007 (2) A married couple described in Subsection (1) may not file a single return jointly
1008 under this chapter if:
1009 (a) [
1010 permitted to file a joint return for federal income tax purposes[
1011 (b) [
1012 on a separate return for federal income tax purposes[
1013
1014 [
1015 other than a [
1016 on a joint [
1017 (a) the married couple shall file a joint return under this chapter; and [
1018
1019 (b) the married couple's tax liability under this chapter shall be joint and several.
1020 [
1021 both are required to file an income tax return under this chapter[
1022 (a) the married couple may elect to file separate or joint returns; and [
1023
1024 (b) (i) if the individual spouses elect to file separate returns under this chapter, the
1025 individual spouse's tax liability under this chapter is several; or
1026 (ii) if a married couple elects to file a joint return under this chapter, the couple's tax
1027 liability under this chapter is joint and several.
1028 (5) If one or both spouses are nonresidents, procedures and requirements for filing a
1029 return under this chapter are as provided in Section 59-10-119.
1030 [
1031
1032
1033
1034
1035 Section 24. Section 59-10-1017 is amended to read:
1036 59-10-1017. Utah Educational Savings Plan tax credit.
1037 (1) As used in this section:
1038 (a) "Account owner" means the same as that term is defined in Section 53B-8a-102.
1039 (b) "Grantor trust" means the same as that term is defined in Section 53B-8a-102.
1040 (c) "Higher education costs" means the same as that term is defined in Section
1041 53B-8a-102.
1042 (d) "Maximum amount of a qualified investment for the taxable year" means, for a
1043 taxable year, the product of 5% and:
1044 (i) subject to Subsection (1)(d)(iii), for a claimant, estate, or trust that is an account
1045 owner, if that claimant, estate, or trust is other than husband and wife or other married account
1046 owners who file a single return jointly, the maximum amount of a qualified investment:
1047 (A) listed in Subsection 53B-8a-106(1)(e)(ii); and
1048 (B) increased or kept for that taxable year in accordance with Subsections
1049 53B-8a-106(1)(f) and (g);
1050 (ii) subject to Subsection (1)(d)(iii), for claimants who are husband and wife or other
1051 married account owners who file a single return jointly, the maximum amount of a qualified
1052 investment:
1053 (A) listed in Subsection 53B-8a-106(1)(e)(iii); and
1054 (B) increased or kept for that taxable year in accordance with Subsections
1055 53B-8a-106(1)(f) and (g); or
1056 (iii) for a grantor trust:
1057 (A) if the owner of the grantor trust has a single filing status or head of household
1058 filing status as defined in Section 59-10-1018, the amount described in Subsection (1)(d)(i); or
1059 (B) if the owner of the grantor trust has a joint filing status as defined in Section
1060 59-10-1018, the amount described in Subsection (1)(d)(ii).
1061 (e) "Owner of the grantor trust" means the same as that term is defined in Section
1062 53B-8a-102.
1063 (f) "Qualified investment" means the same as that term is defined in Section
1064 53B-8a-102.
1065 (2) Except as provided in Section 59-10-1002.2 and subject to the other provisions of
1066 this section, a claimant, estate, or trust that is an account owner may claim a nonrefundable tax
1067 credit equal to the product of:
1068 (a) the amount of a qualified investment made:
1069 (i) during the taxable year; and
1070 (ii) into an account owned by the claimant, estate, or trust; and
1071 (b) 5%.
1072 (3) A claimant, estate, or trust, or a person other than the claimant, estate, or trust, may
1073 make a qualified investment described in Subsection (2).
1074 (4) A tax credit under this section may not be claimed with respect to any portion of a
1075 qualified investment described in Subsection (2) that a claimant, estate, trust, or person
1076 described in Subsection (3) deducts on a federal income tax return.
1077 (5) A tax credit under this section may not exceed the maximum amount of a qualified
1078 investment for the taxable year.
1079 (6) A tax credit under this section may not be carried forward or carried back.
1080 Section 25. Section 59-10-1018 is amended to read:
1081 59-10-1018. Definitions -- Nonrefundable taxpayer tax credits.
1082 (1) As used in this section:
1083 (a) "Dependent adult with a disability" means an individual who:
1084 (i) a claimant claims as a dependent under Section 151, Internal Revenue Code, on the
1085 claimant's federal individual income tax return for the taxable year;
1086 (ii) is not the claimant or the claimant's spouse; and
1087 (iii) is:
1088 (A) 18 years of age or older;
1089 (B) eligible for services under Title 62A, Chapter 5, Services for People with
1090 Disabilities; and
1091 (C) not enrolled in an education program for students with disabilities that is
1092 authorized under Section 53A-15-301.
1093 (b) "Dependent child with a disability" means an individual 21 years of age or younger
1094 who:
1095 (i) a claimant claims as a dependent under Section 151, Internal Revenue Code, on the
1096 claimant's federal individual income tax return for the taxable year;
1097 (ii) is not the claimant or the claimant's spouse; and
1098 (iii) is:
1099 (A) an eligible student with a disability; or
1100 (B) identified under guidelines of the Department of Health as qualified for Early
1101 Intervention or Infant Development Services.
1102 (c) "Eligible student with a disability" means an individual who is:
1103 (i) diagnosed by a school district representative under rules the State Board of
1104 Education adopts in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
1105 Act, as having a disability classified as autism, deafness, preschool developmental delay, dual
1106 sensory impairment, hearing impairment, intellectual disability, multidisability, orthopedic
1107 impairment, other health impairment, traumatic brain injury, or visual impairment;
1108 (ii) not receiving residential services from the Division of Services for People with
1109 Disabilities created under Section 62A-5-102 or a school established under Title 53A, Chapter
1110 25b, Utah Schools for the Deaf and the Blind; and
1111 (iii) (A) enrolled in an education program for students with disabilities that is
1112 authorized under Section 53A-15-301; or
1113 (B) a recipient of a scholarship awarded under Title 53A, Chapter 1a, Part 7, Carson
1114 Smith Scholarships for Students with Special Needs Act.
1115 (d) "Head of household filing status" means a head of household, as defined in Section
1116 2(b), Internal Revenue Code, who files a single federal individual income tax return for the
1117 taxable year.
1118 (e) "Joint filing status" means:
1119 (i) a husband and wife [
1120 jointly under this chapter for a taxable year; or
1121 (ii) a surviving spouse, as defined in Section 2(a), Internal Revenue Code, who files a
1122 single federal individual income tax return for the taxable year.
1123 (f) "Single filing status" means:
1124 (i) a single individual who files a single federal individual income tax return for the
1125 taxable year; or
1126 (ii) a married individual who:
1127 (A) does not file a single federal individual income tax return jointly with that married
1128 individual's spouse for the taxable year; and
1129 (B) files a single federal individual income tax return for the taxable year.
1130 (2) Except as provided in Section 59-10-1002.2, and subject to Subsections (3) through
1131 (5), a claimant may claim a nonrefundable tax credit against taxes otherwise due under this part
1132 equal to the sum of:
1133 (a) (i) for a claimant that deducts the standard deduction on the claimant's federal
1134 individual income tax return for the taxable year, 6% of the amount the claimant deducts as
1135 allowed as the standard deduction on the claimant's federal individual income tax return for
1136 that taxable year; or
1137 (ii) for a claimant that itemizes deductions on the claimant's federal individual income
1138 tax return for the taxable year, the product of:
1139 (A) the difference between:
1140 (I) the amount the claimant deducts as allowed as an itemized deduction on the
1141 claimant's federal individual income tax return for that taxable year; and
1142 (II) any amount of state or local income taxes the claimant deducts as allowed as an
1143 itemized deduction on the claimant's federal individual income tax return for that taxable year;
1144 and
1145 (B) 6%; and
1146 (b) the product of:
1147 (i) 75% of the total amount the claimant deducts as allowed as a personal exemption
1148 deduction on the claimant's federal individual income tax return for that taxable year, plus an
1149 additional 75% of the amount the claimant deducts as allowed as a personal exemption
1150 deduction on the claimant's federal individual income tax return for that taxable year with
1151 respect to each dependent adult with a disability or dependent child with a disability; and
1152 (ii) 6%.
1153 (3) A claimant may not carry forward or carry back a tax credit under this section.
1154 (4) The tax credit allowed by Subsection (2) shall be reduced by $.013 for each dollar
1155 by which a claimant's state taxable income exceeds:
1156 (a) for a claimant who has a single filing status, $12,000;
1157 (b) for a claimant who has a head of household filing status, $18,000; or
1158 (c) for a claimant who has a joint filing status, $24,000.
1159 (5) (a) For taxable years beginning on or after January 1, 2009, the commission shall
1160 increase or decrease the following dollar amounts by a percentage equal to the percentage
1161 difference between the consumer price index for the preceding calendar year and the consumer
1162 price index for calendar year 2007:
1163 (i) the dollar amount listed in Subsection (4)(a); and
1164 (ii) the dollar amount listed in Subsection (4)(b).
1165 (b) After the commission increases or decreases the dollar amounts listed in Subsection
1166 (5)(a), the commission shall round those dollar amounts listed in Subsection (5)(a) to the
1167 nearest whole dollar.
1168 (c) After the commission rounds the dollar amounts as required by Subsection (5)(b),
1169 the commission shall increase or decrease the dollar amount listed in Subsection (4)(c) so that
1170 the dollar amount listed in Subsection (4)(c) is equal to the product of:
1171 (i) the dollar amount listed in Subsection (4)(a); and
1172 (ii) two.
1173 (d) For purposes of Subsection (5)(a), the commission shall calculate the consumer
1174 price index as provided in Sections 1(f)(4) and 1(f)(5), Internal Revenue Code.
1175 Section 26. Section 59-10-1021 is amended to read:
1176 59-10-1021. Nonrefundable medical care savings account tax credit.
1177 (1) As used in this section:
1178 (a) "Account administrator" [
1179 31A-32a-102.
1180 (b) "Account holder" [
1181 31A-32a-102.
1182 (c) "Eligible medical expense" [
1183 31A-32a-102.
1184 (d) "Eligible spouse claimants" means claimants who are spouses if:
1185 (i) the claimants file a single return jointly [
1186 (ii) neither spouse is covered by:
1187 (A) health care insurance as defined in Section 31A-1-301; or
1188 (B) a self-funded plan that covers the other spouse; and
1189 (iii) each spouse is an account holder.
1190 (e) "Medical care savings account" [
1191 Section 31A-32a-102.
1192 (2) Except as provided in Section 59-10-1002.2 and subject to Subsections (3) and (4),
1193 [
1194 nonrefundable tax credit for:
1195 (a) a contribution:
1196 (i) made during the taxable year;
1197 (ii) made to a medical care savings account in accordance with Title 31A, Chapter 32a,
1198 Medical Care Savings Account Act;
1199 (iii) that is accepted by the account administrator; and
1200 (iv) that the claimant does not deduct on the claimant's federal individual income tax
1201 return under Section 220, Internal Revenue Code; and
1202 (b) interest on the contribution described in Subsection (2)(a).
1203 (3) (a) For eligible spouse claimants, a tax credit under this section is equal to the
1204 product of:
1205 (i) the greater of:
1206 [
1207 [
1208 Care Savings Account Act, by or on behalf of [
1209 amount described in Subsection 31A-32a-103(2)(a)(i); [
1210 [
1211
1212
1213 (B) an amount equal to the sum of all eligible medical expenses paid by the eligible
1214 spouse claimants on behalf of[
1215 the eligible spouse claimants; and
1216 [
1217 [
1218 [
1219 [
1220 [
1221 (ii) 5%.
1222 (b) For a claimant other than eligible spouse claimants, a tax credit under this section is
1223 equal to the product of:
1224 (i) the greater of:
1225 (A) the amount contributed by or on behalf of the claimant, not to exceed the amount
1226 described in Subsection 31A-32a-103(2)(a)(i); or
1227 (B) an amount equal to the sum of all eligible medical expenses paid by the claimant
1228 on behalf of[
1229 claimant; and
1230 (ii) 5%.
1231 (4) A tax credit under this section may not be carried forward or carried back.
1232 Section 27. Section 59-10-1023 is amended to read:
1233 59-10-1023. Nonrefundable tax credit for amounts paid under a health benefit
1234 plan.
1235 (1) As used in this section:
1236 (a) "Claimant with dependents" means a claimant:
1237 (i) regardless of the claimant's filing status for purposes of filing a federal individual
1238 income tax return for the taxable year; and
1239 (ii) who claims one or more dependents under Section 151, Internal Revenue Code, as
1240 allowed on the claimant's federal individual income tax return for the taxable year.
1241 (b) "Eligible insured individual" means:
1242 (i) the claimant who is insured under a health benefit plan;
1243 (ii) the spouse of the claimant described in Subsection (1)(b)(i) if:
1244 (A) the claimant files a single return jointly under this chapter with the claimant's
1245 spouse for the taxable year; and
1246 (B) the spouse is insured under the health benefit plan described in Subsection
1247 (1)(b)(i); or
1248 (iii) a dependent of the claimant described in Subsection (1)(b)(i) if:
1249 (A) the claimant claims the dependent under Section 151, Internal Revenue Code, as
1250 allowed on the claimant's federal individual income tax return for the taxable year; and
1251 (B) the dependent is insured under the health benefit plan described in Subsection
1252 (1)(b)(i).
1253 (c) "Excluded expenses" means an amount a claimant pays for insurance offered under
1254 a health benefit plan for a taxable year if:
1255 (i) the claimant claims a tax credit for that amount under Section 35, Internal Revenue
1256 Code:
1257 (A) on the claimant's federal individual income tax return for the taxable year; and
1258 (B) with respect to an eligible insured individual;
1259 (ii) the claimant deducts that amount under Section 162 or 213, Internal Revenue
1260 Code:
1261 (A) on the claimant's federal individual income tax return for the taxable year; and
1262 (B) with respect to an eligible insured individual; or
1263 (iii) the claimant excludes that amount from gross income under Section 106 or 125,
1264 Internal Revenue Code, with respect to an eligible insured individual.
1265 (d) (i) "Health benefit plan" [
1266 31A-1-301.
1267 (ii) "Health benefit plan" does not include equivalent self-insurance as defined by the
1268 Insurance Department by rule made in accordance with Title 63G, Chapter 3, Utah
1269 Administrative Rulemaking Act.
1270 (e) "Joint claimant with no dependents" means a husband and wife [
1271 married couple that:
1272 (i) [
1273 (ii) [
1274 [
1275 (f) "Single claimant with no dependents" means:
1276 (i) a single individual who:
1277 (A) files a single federal individual income tax return for the taxable year; and
1278 (B) does not claim a dependent under Section 151, Internal Revenue Code, on the
1279 single individual's federal individual income tax return for the taxable year;
1280 (ii) a head of household:
1281 (A) as defined in Section 2(b), Internal Revenue Code, who files a single federal
1282 individual income tax return for the taxable year; and
1283 (B) who does not claim a dependent under Section 151, Internal Revenue Code, on the
1284 head of household's federal individual income tax return for the taxable year; or
1285 (iii) a married individual who:
1286 (A) does not file a single federal individual income tax return jointly with that married
1287 individual's spouse for the taxable year; and
1288 (B) does not claim a dependent under Section 151, Internal Revenue Code, on that
1289 married individual's federal individual income tax return for the taxable year.
1290 (2) Subject to Subsection (3), and except as provided in Subsection (4), [
1291
1292 equal to the product of:
1293 (a) the difference between:
1294 (i) the total amount the claimant pays during the taxable year for:
1295 (A) insurance offered under a health benefit plan; and
1296 (B) an eligible insured individual; and
1297 (ii) excluded expenses; and
1298 (b) 5%.
1299 (3) The maximum amount of a tax credit described in Subsection (2) a claimant may
1300 claim on a return for a taxable year is:
1301 (a) for a single claimant with no dependents, $300;
1302 (b) for a joint claimant with no dependents, $600; or
1303 (c) for a claimant with dependents, $900.
1304 (4) A claimant may not claim a tax credit under this section if the claimant is eligible to
1305 participate in insurance offered under a health benefit plan maintained and funded in whole or
1306 in part by:
1307 (a) the claimant's employer; or
1308 (b) another person's employer.
1309 (5) A claimant may not carry forward or carry back a tax credit under this section.
1310 Section 28. Section 59-10-1303 is amended to read:
1311 59-10-1303. Contributions -- Amount -- Procedure for designating a contribution
1312 -- Joint return -- Contribution irrevocable.
1313 (1) A resident or nonresident individual that makes a contribution under this part, other
1314 than Section 59-10-1311 or Section 59-10-1313, may designate as the contribution any whole
1315 dollar amount of $1 or more.
1316 (2) If a resident or nonresident individual designating a contribution under this part
1317 other than Section 59-10-1311:
1318 (a) is owed an individual income tax refund for the taxable year, the amount of the
1319 contribution under this part shall be deducted from the resident or nonresident individual's
1320 individual income tax refund; or
1321 (b) is not owed an individual income tax refund for the taxable year, the resident or
1322 nonresident individual may remit a contribution under this part with the resident or nonresident
1323 individual's individual income tax return, except as provided in Section 59-10-1313.
1324 (3) If a husband and wife [
1325 tax return jointly, a contribution under this part, other than Section 59-10-1311, shall be a joint
1326 contribution.
1327 (4) Except as provided in Subsection 59-10-1313(3)(c), a contribution under this part is
1328 irrevocable for the taxable year for which the resident or nonresident individual makes the
1329 contribution.
1330 Section 29. Section 59-10-1313 is amended to read:
1331 59-10-1313. Contribution to a Utah Educational Savings Plan account.
1332 (1) (a) If a resident or nonresident individual is owed an individual income tax refund
1333 for the taxable year, the individual may designate on the resident or nonresident individual's
1334 income tax return a contribution to a Utah Educational Savings Plan account established under
1335 Title 53B, Chapter 8a, Utah Educational Savings Plan, as provided in this part.
1336 (b) If a resident or nonresident individual is not owed an individual income tax refund
1337 for the taxable year, the individual may not designate on the resident or nonresident's individual
1338 income tax return a contribution to a Utah Educational Savings Plan account.
1339 (2) (a) The commission shall send the contribution to the Utah Educational Savings
1340 Plan along with the following information:
1341 (i) the amount of the individual income tax refund; and
1342 (ii) the taxpayer's:
1343 (A) name;
1344 (B) Social Security number or taxpayer identification number; and
1345 (C) address.
1346 (b) The commission shall provide the taxpayer's telephone number and number of
1347 dependents claimed, as requested, to the Utah Educational Savings Plan.
1348 (c) If a contribution to a Utah Educational Savings Plan account is designated in a
1349 single individual income tax return filed jointly by a husband and wife or other married couple,
1350 the commission shall send the information described under Subsection (2)(a) or (b) for both
1351 [
1352 (3) (a) If the taxpayer owns a Utah Educational Savings Plan account, the Utah
1353 Educational Savings Plan shall deposit the contribution into the account.
1354 (b) If the taxpayer owns more than one Utah Educational Savings Plan account, the
1355 Utah Educational Savings Plan shall allocate the contribution among the accounts in equal
1356 amounts.
1357 (c) (i) If the taxpayer does not own a Utah Educational Savings Plan account, the Utah
1358 Educational Savings Plan shall send the taxpayer an account agreement.
1359 (ii) If the taxpayer does not sign and return the account agreement by the date specified
1360 by the Utah Educational Savings Plan, the Utah Educational Savings Plan shall return the
1361 contribution to the taxpayer without any interest or earnings.
1362 (4) For the purpose of determining interest on an overpayment or refund under Section
1363 59-1-402, no interest accrues after the commission sends the contribution to the Utah
1364 Educational Savings Plan.
1365 Section 30. Section 62A-1-120 is amended to read:
1366 62A-1-120. Utah Marriage Commission.
1367 (1) As used in this section, "commission" means the Utah Marriage Commission
1368 created by this section.
1369 (2) There is created within the department the "Utah Marriage Commission."
1370 (3) The commission shall consist of 17 members appointed as follows:
1371 (a) two members of the Senate appointed by the president of the Senate;
1372 (b) two members of the House of Representatives appointed by the speaker of the
1373 House of Representatives;
1374 (c) six current or former representatives from marriage and family studies departments,
1375 social or behavioral sciences departments, health sciences departments, colleges of law, or
1376 other related and supporting departments at institutions of higher education in this state, as
1377 shall be appointed by the governor;
1378 (d) five representatives selected and appointed by the governor from among the
1379 following groups:
1380 (i) social workers who are or have been licensed under Title 58, Chapter 60, Part 2,
1381 Social Worker Licensing Act;
1382 (ii) psychologists who are or have been licensed under Title 58, Chapter 61,
1383 Psychologist Licensing Act;
1384 (iii) physicians who are or have been board certified in psychiatry and are or have been
1385 licensed under Title 58, Chapter 67, Utah Medical Practice Act;
1386 (iv) marriage and family therapists who are or have been licensed under Title 58,
1387 Chapter 60, Part 3, Marriage and Family Therapist Licensing Act;
1388 (v) representatives of faith communities;
1389 (vi) public health professionals;
1390 (vii) representatives of domestic violence prevention organizations; or
1391 (viii) legal professionals; and
1392 (e) two representatives of the general public appointed by the members of the
1393 commission appointed under Subsections (3)(a) through (d).
1394 (4) (a) A member appointed under Subsections (3)(c) through (e) shall serve for a term
1395 of four years. A member may be appointed for subsequent terms.
1396 (b) Notwithstanding Subsection (4)(a), the governor shall, at the time of appointment
1397 or reappointment, adjust the length of terms to ensure that the terms of commission members
1398 are staggered so that approximately half of the commission is appointed every two years.
1399 (c) A commission member shall serve until a replacement is appointed and qualified.
1400 (d) When a vacancy occurs in the membership for any reason, the replacement shall be
1401 appointed for the unexpired term in the same manner as the original appointment.
1402 (5) (a) The commission shall annually elect a chair from its membership.
1403 (b) The commission shall hold meetings as needed to carry out its duties. A meeting
1404 may be held on the call of the chair or a majority of the commission members.
1405 (c) Nine commission members constitute a quorum and, if a quorum exists, the action
1406 of a majority of commission members present constitutes the action of the commission.
1407 (6) (a) A commission member who is not a legislator may not receive compensation or
1408 benefits for the commission member's service, but may receive per diem and travel expenses as
1409 allowed in:
1410 (i) Section 63A-3-106;
1411 (ii) Section 63A-3-107; and
1412 (iii) rules made by the Division of Finance according to Sections 63A-3-106 and
1413 63A-3-107.
1414 (b) Compensation and expenses of a commission member who is a legislator are
1415 governed by Section 36-2-2 and Legislative Joint Rules, Title 5, Legislative Compensation and
1416 Expenses.
1417 (7) The department shall staff the commission.
1418 (8) The commission shall:
1419 (a) promote coalitions and collaborative efforts to uphold and encourage a strong and
1420 healthy culture of strong and lasting marriages and stable families;
1421 (b) contribute to greater awareness of the importance of marriage and leading to
1422 reduced divorce and unwed parenthood in the state;
1423 (c) promote public policies that support marriage;
1424 (d) promote programs and activities that educate individuals and couples on how to
1425 achieve strong, successful, and lasting marriages, including promoting and assisting in the
1426 offering of:
1427 (i) events;
1428 (ii) classes and services, including those designed to promote strong, healthy, and
1429 lasting marriages and prevent domestic violence;
1430 (iii) marriage and relationship education conferences for the public and professionals;
1431 and
1432 (iv) enrichment seminars;
1433 (e) actively promote measures designed to maintain and strengthen marriage, family,
1434 and the relationships between husband and wife, or other spouses, and parents and children;
1435 and
1436 (f) support volunteerism and private financial contributions and grants in partnership
1437 with the commission and in support of the commission's purposes and activities for the benefit
1438 of the state as provided in this section.
1439 (9) Funding for the commission shall be as approved by the Legislature through annual
1440 appropriations and the added funding sought by the commission from private contributions and
1441 grants that support the duties of the commission described in Subsection (8).
1442 Section 31. Section 62A-11-111 is amended to read:
1443 62A-11-111. Lien provisions.
1444 Provisions for collection of any lien placed as a condition of eligibility for any federally
1445 or state-funded public assistance program are as follows:
1446 (1) Any assistance granted after July 1, 1953, to the spouse of an old-age recipient who
1447 was not eligible for old-age assistance but who participated in the assistance granted to the
1448 family is recoverable in the same manner as old-age assistance granted to the old-age recipient.
1449 (2) At the time of the settlement of a lien given as a condition of eligibility for the
1450 old-age assistance program, there shall be allowed a cash exemption of $1,000, less any
1451 additional money invested by the department in the home of an old-age recipient or recipients
1452 of other assistance programs either as payment of taxes, home and lot improvements, or to
1453 protect the interest of the state in the property for necessary improvements to make the home
1454 habitable, to be deducted from the market or appraised value of the real property. When it is
1455 necessary to sell property or to settle an estate the department may grant reasonable costs of
1456 sale and settlement of an estate as follows:
1457 (a) When the total cost of probate, including the sale of property when it is sold, and
1458 the cost of burial and last illness do not exceed $1,000, the exemption of $1,000 shall be the
1459 total exemption, which shall be the only amount deductible from the market or appraised value
1460 of the property.
1461 (b) Subject to Subsection (2)(c), when $1,000 is not sufficient to pay for the costs of
1462 probate, the following expenditures are authorized:
1463 (i) cost of funeral expenses not exceeding $1,500;
1464 (ii) costs of terminal illness, provided the medical expenses have not been paid from
1465 any state or federally-funded assistance program;
1466 (iii) realty fees, if any;
1467 (iv) costs of revenue stamps, if any;
1468 (v) costs of abstract or title insurance, whichever is the least costly;
1469 (vi) attorney fees not exceeding the recommended fee established by the Utah State
1470 Bar;
1471 (vii) administrator's fee not to exceed $150;
1472 (viii) court costs; and
1473 (ix) delinquent taxes, if any.
1474 (c) An attorney, who sells the property in an estate that the attorney is probating, is
1475 entitled to the lesser of:
1476 (i) a real estate fee; or
1477 (ii) an attorney fee.
1478 (3) The amounts listed in Subsection (2)(b) are to be considered only when the total
1479 costs of probate exceed $1,000, and those amounts are to be deducted from the market or
1480 appraised value of the property in lieu of the exemption of $1,000 and are not in addition to the
1481 $1,000 exemption.
1482 (4) When both husband and wife, or both spouses, are recipients and one or both of
1483 them own an interest in real property, the lien attaches to the interests of both for the
1484 reimbursement of assistance received by either or both spouses. Only one exemption, as
1485 provided in this section, is allowed.
1486 (5) When a lien was executed by one party on property that is owned in joint tenancy
1487 with full rights of survivorship, the execution of the lien severs the joint tenancy and a tenancy
1488 in common results, insofar as a department lien is affected, unless the recipients are husband
1489 and wife or other married couple. When recipients are husband and wife or other married
1490 couple who own property in joint tenancy with full rights of survivorship, the execution of a
1491 lien does not sever the joint tenancy, insofar as a department lien might be affected, and
1492 settlement of the lien shall be in accordance with the provisions of Subsection (4).
1493 (6) The amount of the lien given for old-age assistance shall be the total amount of
1494 assistance granted up to the market or appraised value of the real or personal property, less the
1495 amount of the legal maximum property limitations from the execution of the lien until
1496 settlement thereof. There shall be no exemption of any kind or nature allowed against real or
1497 personal property liens granted for old-age assistance except assistance in the form of medical
1498 care, and nursing home care, other types of congregate care, and similar plans for persons with
1499 a physical or mental disability.
1500 (7) When it is necessary to sell property or to settle an estate, the department is
1501 authorized to approve payment of the reasonable costs of sale and settlement of an estate on
1502 which a lien has been given for old-age assistance.
1503 (8) The amount of reimbursement of all liens held by the department shall be
1504 determined on the basis of the formulas described in this section, when they become due and
1505 payable.
1506 (9) All lien agreements shall be recorded with the county recorder of the county in
1507 which the real property is located, and that recording has the same effect as a judgment lien on
1508 any real property in which the recipient has any title or interest. All such real property
1509 including but not limited to, joint tenancy interests, shall, from the time a lien agreement is
1510 recorded, be and become charged with a lien for all assistance received by the recipient or his
1511 spouse as provided in this section. That lien has priority over all unrecorded encumbrances.
1512 No fees or costs shall be paid for such recording.
1513 (10) Liens shall become due and payable, and the department shall seek collection of
1514 each lien now held:
1515 (a) when the property to which the lien attaches is transferred to a third party prior to
1516 the recipient's death, provided, that if other property is purchased by the recipient to be used by
1517 the recipient as a home, the department may transfer the amount of the lien from the property
1518 sold to the property purchased;
1519 (b) upon the death of the recipient and the recipient's spouse, if any. When the heirs or
1520 devisees of the property are also recipients of public assistance, or when other hardship
1521 circumstances exist, the department may postpone settlement of the lien if that would be in the
1522 best interest of the recipient and the state;
1523 (c) when a recipient voluntarily offers to settle the lien; or
1524 (d) when property subject to a lien is no longer used by a recipient and appears to be
1525 abandoned.
1526 (11) When a lien becomes due and payable, a certificate in a form approved by the
1527 department certifying to the amount of assistance provided to the recipient and the amount of
1528 the lien, shall be mailed to the recipient, the recipient's heirs, or administrators of the estate,
1529 and the same shall be allowed, approved, filed, and paid as a preferred claim, as provided in
1530 Subsection 75-3-805(1)(e) in the administration of the decedent's estate. The amount so
1531 certified constitutes the entire claim, as of the date of the certificate, against the real or personal
1532 property of the recipient or the recipient's spouse. Any person dealing with the recipient, heirs,
1533 or administrators, may rely upon that certificate as evidence of the amount of the existing lien
1534 against that real or personal property. That amount, however, shall increase by accruing
1535 interest until time of final settlement, at the rate of 6% per annum, commencing six months
1536 after the lien becomes due and payable, or at the termination of probate proceedings, whichever
1537 occurs later.
1538 (12) If heirs are unable to make a lump-sum settlement of the lien at the time it
1539 becomes due and payable, the department may permit settlement based upon periodic
1540 repayments in a manner prescribed by the department, with interest as provided in Subsection
1541 (11).
1542 (13) All sums so recovered, except those credited to the federal government, shall be
1543 retained by the department.
1544 (14) The department is empowered to accept voluntary conveyance of real or personal
1545 property in satisfaction of its interest therein. All property acquired by the department under
1546 the provisions of this section may be disposed of by public or private sale under rules
1547 prescribed by the department. The department is authorized to execute and deliver any
1548 document necessary to convey title to all property that comes into its possession, as though the
1549 department constituted a corporate entity.
1550 (15) Any real property acquired by the department, either by foreclosure or voluntary
1551 conveyance, is tax exempt, so long as it is so held.
1552 Section 32. Section 75-2-802 is amended to read:
1553 75-2-802. Effect of divorce, annulment, and decree of separation.
1554 (1) An individual who is divorced from the decedent or whose marriage to the decedent
1555 has been annulled is not a surviving spouse unless, by virtue of a subsequent marriage, the
1556 individual is married to the decedent at the time of death. A decree of separation that does not
1557 terminate the [
1558 section.
1559 (2) For purposes of Part 1, Intestate Succession, Part 2, Elective Share of Surviving
1560 Spouse, Part 3, Spouse and Children Unprovided for in Wills, and Part 4, Exempt Property and
1561 Allowances, and Section 75-3-203, a surviving spouse does not include:
1562 (a) an individual who obtains or consents to a final decree or judgment of divorce from
1563 the decedent or an annulment of their marriage, which decree or judgment is not recognized as
1564 valid in this state, unless subsequently they participate in a marriage ceremony purporting to
1565 marry each to the other or live together as [
1566 (b) an individual who, following an invalid decree or judgment of divorce or
1567 annulment obtained by the decedent, participates in a marriage ceremony with a third
1568 individual; or
1569 (c) an individual who was a party to a valid proceeding concluded by an order
1570 purporting to terminate all marital property rights.
1571 Section 33. Section 75-2-804 is amended to read:
1572 75-2-804. Definitions -- Revocation of probate and nonprobate transfers by
1573 divorce -- Effect of severance -- Revival -- Protection of payors, third parties, and bona
1574 fide purchasers -- Personal liability of recipient -- No revocation by other changes of
1575 circumstances.
1576 (1) As used in this section:
1577 (a) "Disposition or appointment of property" includes a transfer of an item of property
1578 or any other benefit to a beneficiary designated in a governing instrument.
1579 [
1580 annulled.
1581 [
1582 declaration of invalidity of a marriage, that would exclude the spouse as a surviving spouse
1583 within the meaning of Section 75-2-802. A decree of separation that does not terminate the
1584 [
1585 (d) "Governing instrument" means a governing instrument executed by the divorced
1586 individual before the divorce or annulment of the individual's marriage to the individual's
1587 former spouse.
1588 (e) "Relative of the divorced individual's former spouse" means an individual who is
1589 related to the divorced individual's former spouse by blood, adoption, or affinity and who, after
1590 the divorce or annulment, is not related to the divorced individual by blood, adoption, or
1591 affinity.
1592 (f) "Revocable," with respect to a disposition, appointment, provision, or nomination,
1593 means one under which the divorced individual, at the time of the divorce or annulment, was
1594 alone empowered, by law or under the governing instrument, to cancel the designation in favor
1595 of the individual's former spouse or former spouse's relative, whether or not the divorced
1596 individual was then empowered to designate another in place of the individual's former spouse
1597 or in place of the individual's former spouse's relative and whether or not the divorced
1598 individual then had the capacity to exercise the power.
1599 (2) Except as provided by the express terms of a governing instrument, a court order,
1600 or a contract relating to the division of the marital estate made between the divorced
1601 individuals before or after the marriage, divorce, or annulment, the divorce or annulment of a
1602 marriage:
1603 (a) revokes any revocable:
1604 (i) disposition or appointment of property made by a divorced individual to the
1605 individual's former spouse in a governing instrument and any disposition or appointment
1606 created by law or in a governing instrument to a relative of the divorced individual's former
1607 spouse;
1608 (ii) provision in a governing instrument conferring a general or nongeneral power of
1609 appointment on the divorced individual's former spouse or on a relative of the divorced
1610 individual's former spouse; and
1611 (iii) nomination in a governing instrument, which nominates a divorced individual's
1612 former spouse or a relative of the divorced individual's former spouse to serve in any fiduciary
1613 or representative capacity, including a personal representative, executor, trustee, conservator,
1614 agent, or guardian; and
1615 (b) severs the interests of the former spouses in property held by them at the time of the
1616 divorce or annulment as joint tenants with the right of survivorship, transforming the interests
1617 of the former spouses into tenancies in common.
1618 (3) A severance under Subsection (2)(b) does not affect any third-party interest in
1619 property acquired for value and in good faith reliance on an apparent title by survivorship in the
1620 survivor of the former spouses unless a writing declaring the severance has been noted,
1621 registered, filed, or recorded in records appropriate to the kind and location of the property,
1622 which are relied upon, in the ordinary course of transactions involving such property, as
1623 evidence of ownership.
1624 (4) Provisions of a governing instrument are given effect as if the former spouse and
1625 relatives of the former spouse disclaimed all provisions revoked by this section or, in the case
1626 of a revoked nomination in a fiduciary or representative capacity, as if the former spouse and
1627 relatives of the former spouse died immediately before the divorce or annulment.
1628 (5) Provisions revoked solely by this section are revived by the divorced individual's
1629 remarriage to the former spouse or by a nullification of the divorce or annulment.
1630 (6) No change of circumstances other than as described in this section and in Section
1631 75-2-803 effects a revocation.
1632 (7) (a) A payor or other third party is not liable for having made a payment or
1633 transferred an item of property or any other benefit to a beneficiary designated in a governing
1634 instrument affected by a divorce, annulment, or remarriage, or for having taken any other
1635 action in good faith reliance on the validity of the governing instrument, before the payor or
1636 other third party received written notice of the divorce, annulment, or remarriage. A payor or
1637 other third party is liable for a payment made or other action taken after the payor or other third
1638 party received written notice of a claimed forfeiture or revocation under this section.
1639 (b) Written notice of the divorce, annulment, or remarriage under Subsection (7)(a)
1640 shall be mailed to the payor's or other third party's main office or home by registered or
1641 certified mail, return receipt requested, or served upon the payor or other third party in the
1642 same manner as a summons in a civil action. Upon receipt of written notice of the divorce,
1643 annulment, or remarriage, a payor or other third party may pay any amount owed or transfer or
1644 deposit any item of property held by it to or with the court having jurisdiction of the probate
1645 proceedings relating to the decedent's estate or, if no proceedings have been commenced, to or
1646 with the court having jurisdiction of probate proceedings relating to the decedent's estates
1647 located in the county of the decedent's residence. The court shall hold the funds or item of
1648 property and, upon its determination under this section, shall order disbursement or transfer in
1649 accordance with the determination. Payments, transfers, or deposits made to or with the court
1650 discharge the payor or other third party from all claims for the value of amounts paid to or
1651 items of property transferred to or deposited with the court.
1652 (8) (a) A person who purchases property from a former spouse, relative of a former
1653 spouse, or any other person for value and without notice, or who receives from a former
1654 spouse, relative of a former spouse, or any other person a payment or other item of property in
1655 partial or full satisfaction of a legally enforceable obligation, is neither obligated under this
1656 section to return the payment, item of property, or benefit, nor is liable under this section for
1657 the amount of the payment or the value of the item of property or benefit. But a former spouse,
1658 relative of a former spouse, or other person who, not for value, received a payment, item of
1659 property, or any other benefit to which that person is not entitled under this section is obligated
1660 to return the payment, item of property, or benefit, or is personally liable for the amount of the
1661 payment or the value of the item of property or benefit, to the person who is entitled to it under
1662 this section.
1663 (b) If this section or any part of this section is preempted by federal law with respect to
1664 a payment, an item of property, or any other benefit covered by this section, a former spouse,
1665 relative of the former spouse, or any other person who, not for value, received a payment, item
1666 of property, or any other benefit to which that person is not entitled under this section is
1667 obligated to return that payment, item of property, or benefit, or is personally liable for the
1668 amount of the payment or the value of the item of property or benefit, to the person who would
1669 have been entitled to it were this section or part of this section not preempted.
1670 Section 34. Section 76-2-302 is amended to read:
1671 76-2-302. Compulsion.
1672 (1) A person is not guilty of an offense [
1673 proscribed conduct [
1674 imminent use of unlawful physical force [
1675 threatened force a person of reasonable firmness in [
1676 (2) The defense of compulsion provided by this section shall be unavailable to a person
1677 who intentionally, knowingly, or recklessly [
1678 probable that [
1679 [
1680
1681
1682 Section 35. Section 76-6-516 is amended to read:
1683 76-6-516. Conveyance of real estate by married person without spouse's consent.
1684 Any married [
1685 under such representation knowingly conveys or mortgages real estate [
1686 state, without the assent or concurrence of [
1687 or concurrence is necessary to relinquish [
1688 in the real estate, is guilty of a felony of the third degree.
1689 Section 36. Section 76-7-101 is amended to read:
1690 76-7-101. Bigamy -- Defense.
1691 (1) A person is guilty of bigamy when, knowing [
1692 spouse or knowing the other person has a [
1693 marry another person [
1694 (2) Bigamy is a felony of the third degree.
1695 (3) It shall be a defense to bigamy that the accused reasonably believed [
1696
1697 Section 37. Section 77-1-6 is amended to read:
1698 77-1-6. Rights of defendant.
1699 (1) In criminal prosecutions the defendant is entitled:
1700 (a) to appear in person and defend in person or by counsel;
1701 (b) to receive a copy of the accusation filed against him or her;
1702 (c) to testify in his or her own behalf;
1703 (d) to be confronted by the witnesses against him or her;
1704 (e) to have compulsory process to insure the attendance of witnesses in his or her
1705 behalf;
1706 (f) to a speedy public trial by an impartial jury of the county or district where the
1707 offense is alleged to have been committed;
1708 (g) to the right of appeal in all cases; and
1709 (h) to be admitted to bail in accordance with provisions of law, or be entitled to a trial
1710 within 30 days after arraignment if unable to post bail and if the business of the court permits.
1711 (2) In addition:
1712 (a) [
1713 (b) [
1714 advance money or fees to secure rights guaranteed by the Constitution or the laws of Utah, or
1715 to pay the costs of those rights when received;
1716 (c) [
1717 or herself;
1718 (d) A [
1719
1720 (e) [
1721 upon a plea of guilty or no contest, or upon a judgment of a court when trial by jury has been
1722 waived or, in case of an infraction, upon a judgment by a magistrate.
1723 Section 38. Section 78B-1-137 is amended to read:
1724 78B-1-137. Witnesses -- Privileged communications.
1725 There are particular relations in which it is the policy of the law to encourage
1726 confidence and to preserve it inviolate. Therefore, a person cannot be examined as a witness in
1727 the following cases:
1728 (1) (a) [
1729 or afterwards be, without the consent of the other spouse, examined as to any communication
1730 made by one to the other during the marriage.
1731 (b) This exception does not apply:
1732 (i) to a civil action or proceeding by one spouse against the other;
1733 (ii) to a criminal action or proceeding for a crime committed by one spouse against the
1734 other;
1735 (iii) to the crime of deserting or neglecting to support a spouse or child;
1736 (iv) to any civil or criminal proceeding for abuse or neglect committed against the child
1737 of either spouse; or
1738 (v) if otherwise specifically provided by law.
1739 (2) An attorney cannot, without the consent of the client, be examined as to any
1740 communication made by the client to the attorney or any advice given regarding the
1741 communication in the course of the professional employment. An attorney's secretary, legal
1742 assistant, paralegal, stenographer, or clerk cannot be examined, without the consent of the
1743 attorney, concerning any fact, the knowledge of which has been acquired as an employee.
1744 (3) A member of the clergy or priest cannot, without the consent of the person making
1745 the confession, be examined as to any confession made to either of them in their professional
1746 character in the course of discipline enjoined by the church to which they belong.
1747 (4) A physician or surgeon cannot, without the consent of the patient, be examined in a
1748 civil action as to any information acquired in attending the patient which was necessary to
1749 enable the physician or surgeon to prescribe or act for the patient. However, this privilege shall
1750 be waived by the patient in an action in which the patient places the patient's medical condition
1751 at issue as an element or factor of the claim or defense. Under those circumstances, a physician
1752 or surgeon who has prescribed for or treated that patient for the medical condition at issue may
1753 provide information, interviews, reports, records, statements, memoranda, or other data relating
1754 to the patient's medical condition and treatment which are placed at issue.
1755 (5) A public officer cannot be examined as to communications made in official
1756 confidence when the public interests would suffer by the disclosure.
1757 (6) A sexual assault counselor as defined in Section 77-38-203 cannot, without the
1758 consent of the victim, be examined in a civil or criminal proceeding as to any confidential
1759 communication as defined in Section 77-38-203 made by the victim.
1760 Section 39. Section 78B-3-101 is amended to read:
1761 78B-3-101. Married couples -- Actions -- Defense -- Absent spouse.
1762 (1) If a husband and wife [
1763 may defend in each one's own right or for both parties.
1764 (2) Either party to a marriage may sue and be sued in the same manner as if the person
1765 is unmarried.
1766 (3) When a spouse has deserted the family, the remaining spouse may prosecute or
1767 defend in the absent spouse's name any action which the absent spouse might have prosecuted
1768 or defended. All powers and rights the absent spouse might have shall be extended to the
1769 remaining spouse.
1770 Section 40. Section 78B-5-504 is amended to read:
1771 78B-5-504. Declaration of homestead -- Filing -- Contents -- Failure to file --
1772 Conveyance by married person -- No execution sale if bid less than exemption --
1773 Redemption rights of judgment creditor.
1774 An individual may select and claim a homestead by complying with the following
1775 requirements:
1776 (1) Filing a signed and acknowledged declaration of homestead with the recorder of the
1777 county or counties in which the homestead claimant's property is located or serving a signed
1778 and acknowledged declaration of homestead upon the sheriff or other officer conducting an
1779 execution prior to the time stated in the notice of execution.
1780 (2) The declaration of homestead shall contain:
1781 (a) a statement that the claimant is entitled to an exemption and if the claimant is
1782 married a statement that the claimant's spouse has not filed a declaration of homestead;
1783 (b) a description of the property subject to the homestead;
1784 (c) an estimate of the cash value of the property; and
1785 (d) a statement specifying the amount of the homestead claimed and stating the name,
1786 age, and address of any spouse and dependents claimed to determine the value of the
1787 homestead.
1788 (3) If a declaration of homestead is not filed or served as provided in this section, title
1789 shall pass to the purchaser upon execution free and clear of all homestead rights.
1790 (4) If an individual is married, no conveyance of or security interest in, or contract to
1791 convey or create a security interest in property recorded as a homestead prior to the time of the
1792 conveyance, security interest, or contract is valid, unless both the husband and wife, or both
1793 spouses, join in the execution of the conveyance, security interest, or contract.
1794 (5) Property that includes a homestead may not be sold at execution if there is no bid
1795 which exceeds the amount of the declared homestead exemption.
1796 (6) If property that includes a homestead is sold under execution, the sale is subject to
1797 redemption by the judgment debtor as provided in Rule 69C of the Utah Rules of Civil
1798 Procedure. If there is a deficiency, the property may not be subject to another execution to
1799 cover the deficiency.
1800 Section 41. Section 78B-6-114 is amended to read:
1801 78B-6-114. Adoption by married persons -- Consent.
1802 [
1803 spouse may not adopt a child without the consent of his [
1804 her spouse is capable of giving consent.
1805 [
1806
1807 Section 42. Section 78B-12-115 is amended to read:
1808 78B-12-115. Married persons privileged communication inapplicable --
1809 Competency of spouses.
1810 Laws attaching a privilege against the disclosure of communications between husband
1811 and wife, or other married couple, are inapplicable under this chapter. Spouses are competent
1812 witnesses to testify to any relevant matter, including marriage and parentage.
1813 Section 43. Section 78B-13-310 is amended to read:
1814 78B-13-310. Hearing and order.
1815 (1) Unless the court enters a temporary emergency order pursuant to Section
1816 78B-13-204, upon a finding that a petitioner is entitled to the physical custody of the child
1817 immediately, the court shall order the child delivered to the petitioner unless the respondent
1818 establishes that:
1819 (a) the child custody determination has not been registered and confirmed under
1820 Section 78B-13-305, and that:
1821 (i) the issuing court did not have jurisdiction under Part 2, Jurisdiction;
1822 (ii) the child custody determination for which enforcement is sought has been vacated,
1823 stayed, or modified by a court of a state having jurisdiction to do so under Part 2, Jurisdiction,
1824 or federal law; or
1825 (iii) the respondent was entitled to notice, but notice was not given in accordance with
1826 the standards of Section 78B-13-108 in the proceedings before the court that issued the order
1827 for which enforcement is sought; or
1828 (b) the child custody determination for which enforcement is sought was registered and
1829 confirmed under Section 78B-13-305, but has been vacated, stayed, or modified by a court of a
1830 state having jurisdiction to do so under Part 2, Jurisdiction, or federal law.
1831 (2) The court shall award the fees, costs, and expenses authorized under Section
1832 78B-13-312 and may grant additional relief, including a request for the assistance of law
1833 enforcement officials, and set a further hearing to determine whether additional relief is
1834 appropriate.
1835 (3) If a party called to testify refuses to answer on the ground that the testimony may be
1836 self-incriminating, the court may draw an adverse inference from the refusal.
1837 (4) A privilege against disclosure of communications between spouses and a defense of
1838 immunity based on the relationship of husband and wife, or other married couple, or parent and
1839 child may not be invoked in a proceeding under this chapter.
1840 Section 44. Section 78B-14-316 is amended to read:
1841 78B-14-316. Special rules of evidence and procedure.
1842 (1) The physical presence of a nonresident party who is an individual in a tribunal of
1843 this state is not required for the establishment, enforcement, or modification of a support order
1844 or the rendition of a judgment determining parentage of a child.
1845 (2) An affidavit, a document substantially complying with federally mandated forms,
1846 or a document incorporated by reference in any of them, which would not be excluded under
1847 the hearsay rule if given in person, is admissible in evidence if given under penalty of perjury
1848 by a party or witness residing outside this state.
1849 (3) A copy of the record of child support payments certified as a true copy of the
1850 original by the custodian of the record may be forwarded to a responding tribunal. The copy is
1851 evidence of facts asserted in it and is admissible to show whether payments were made.
1852 (4) Copies of bills for testing for parentage of a child, and for prenatal and postnatal
1853 health care of the mother and child, furnished to the adverse party at least 10 days before trial,
1854 are admissible in evidence to prove the amount of the charges billed and that the charges were
1855 reasonable, necessary, and customary.
1856 (5) Documentary evidence transmitted from outside this state to a tribunal of this state
1857 by telephone, telecopier, or other electronic means that do not provide an original record may
1858 not be excluded from evidence on an objection based on the means of transmission.
1859 (6) In a proceeding under this chapter, a tribunal of this state shall permit a party or
1860 witness residing outside this state to be deposed or to testify under penalty of perjury by
1861 telephone, audiovisual means, or other electronic means at a designated tribunal or other
1862 location. A tribunal of this state shall cooperate with other tribunals in designating an
1863 appropriate location for the deposition or testimony.
1864 (7) If a party called to testify at a civil hearing refuses to answer on the ground that the
1865 testimony may be self-incriminating, the trier of fact may draw an adverse inference from the
1866 refusal.
1867 (8) A privilege against disclosure of communications between spouses does not apply
1868 in a proceeding under this chapter.
1869 (9) The defense of immunity based on the relationship of husband and wife, or other
1870 married couple, or parent and child does not apply in a proceeding under this chapter.
1871 (10) A voluntary acknowledgment of paternity, certified as a true copy, is admissible to
1872 establish parentage of the child.
1873 Section 45. Repealer.
1874 This bill repeals:
1875 Section 30-1-4.1, Marriage recognition policy.
1876 Section 30-3-2, Right of husband to divorce.
Legislative Review Note
Office of Legislative Research and General Counsel