1     
MARRIAGE LICENSE FEES AMENDMENTS

2     
2019 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Angela Romero

5     
Senate Sponsor: ____________

6     

7     LONG TITLE
8     General Description:
9          This bill amends an amount added to a marriage license fee to provide funding for the
10     operation of shelters for victims of domestic violence.
11     Highlighted Provisions:
12          This bill:
13          ▸     increases an additional amount added to a marriage license fee to provide funding
14     for the operation of shelters for victims of domestic violence;
15          ▸     repeals a marriage license applicant's option to not pay the additional amount; and
16          ▸     makes technical and conforming changes.
17     Money Appropriated in this Bill:
18          None
19     Other Special Clauses:
20          None
21     Utah Code Sections Affected:
22     AMENDS:
23          17-16-21, as last amended by Laws of Utah 2018, Chapter 347
24     

25     Be it enacted by the Legislature of the state of Utah:
26          Section 1. Section 17-16-21 is amended to read:
27          17-16-21. Fees of county officers.
28          (1) As used in this section, "county officer" means a county officer enumerated in
29     Section 17-53-101 except a county recorder, a county constable, or a county sheriff.
30          (2) (a) A county officer shall collect, in advance, for exclusive county use and benefit:
31          (i) a fee established by the county legislative body under Section 17-53-211; and
32          (ii) any other fee authorized or required by law.
33          (b) As long as the Children's Legal Defense Account is authorized by Section
34     51-9-408, the county clerk shall:
35          (i) assess $10 in addition to whatever fee for a marriage license is established under
36     authority of this section; and
37          (ii) transmit $10 from each marriage license fee to the Division of Finance for deposit
38     in the Children's Legal Defense Account.
39          (c) [(i)] As long as the Division of Child and Family Services, created in Section
40     62A-4a-103, has the responsibility under Section 62A-4a-105 to provide services, including
41     temporary shelter, for victims of domestic violence, the county clerk shall:
42          [(A)] (i) collect [$10] $35 in addition to whatever fee for a marriage license is
43     established under authority of this section and in addition to the amount described in
44     Subsection (2)(b)[, if an applicant chooses, as provided in Subsection (2)(c)(ii), to pay the
45     additional $10]; and
46          [(B)] (ii) [to the extent actually paid,] transmit [$10] $35 from each marriage license
47     fee to the Division of Finance for distribution to the Division of Child and Family Services for
48     the operation of shelters for victims of domestic violence.
49          [(ii) (A) The county clerk shall provide a method for an applicant for a marriage license
50     to choose to pay the additional $10 referred to in Subsection (2)(c)(i).]
51          [(B) An applicant for a marriage license may choose not to pay the additional $10
52     referred to in Subsection (2)(c)(i) without affecting the applicant's ability to be issued a
53     marriage license.]
54          (d) If a county operates an online marriage application system, the county clerk of that
55     county:
56          (i) may assess $20 in addition to the other fees for a marriage license established under
57     this section;
58          (ii) except as provided in Subsection (2)(d)(iii), shall transmit $20 from the marriage
59     license fee to the state treasurer for deposit annually as follows:
60          (A) the first $400,000 shall accrue to the Utah Marriage Commission, created in
61     Section 62A-1-120, as dedicated credits for the operation of the Utah Marriage Commission;
62     and
63          (B) proceeds in excess of $400,000 shall be deposited into the General Fund; and
64          (iii) may not transmit $20 from the marriage license fee to the state treasurer under this
65     Subsection (2)(d) if both individuals seeking the marriage license certify that they have
66     completed premarital counseling or education in accordance with Section 30-1-34.
67          (3) This section does not apply to a fee currently being assessed by the state but
68     collected by a county officer.