Chief Sponsor: Melissa G. Ballard

Senate Sponsor: Todd D. Weiler

6     Cosponsors:
7     Dan N. Johnson
Merrill F. Nelson
Paul Ray


10     General Description:
11          This bill makes changes pertaining to the Utah Marriage Commission.
12     Highlighted Provisions:
13          This bill:
14          ▸     defines terms;
15          ▸     moves oversight responsibility of the Utah Marriage Commission from the
16     Department of Human Services to Utah State University;
17          ▸     changes the membership of the Utah Marriage Commission;
18          ▸     modifies provisions relating to appointment, reappointment, and removal of
19     commission members;
20          ▸     repeals the sunset date for the marriage license fee, replacing it with a reporting
21     requirement; and
22          ▸     repeals sunset date provisions related to pre-marriage counseling and education.
23     Money Appropriated in this Bill:
24          None
25     Other Special Clauses:
26          None
27     Utah Code Sections Affected:

28     AMENDS:
29          17-16-21, as last amended by Laws of Utah 2018, Chapter 347
30          30-1-34, as last amended by Laws of Utah 2018, Chapter 347
31          63I-1-217, as last amended by Laws of Utah 2020, Sixth Special Session, Chapter 18
32          63I-1-230, as last amended by Laws of Utah 2020, Chapter 354
33          63I-1-262, as last amended by Laws of Utah 2020, Chapters 154, 303, 304, and 358
34     ENACTS:
35          63M-14-101, Utah Code Annotated 1953
36          63M-14-102, Utah Code Annotated 1953
37          63M-14-201, Utah Code Annotated 1953
38          63M-14-202, Utah Code Annotated 1953
39          63M-14-203, Utah Code Annotated 1953
40          63M-14-204, Utah Code Annotated 1953
41          63M-14-205, Utah Code Annotated 1953
42          63M-14-206, Utah Code Annotated 1953
43     REPEALS:
44          62A-1-120, as last amended by Laws of Utah 2018, Chapter 347

46     Be it enacted by the Legislature of the state of Utah:
47          Section 1. Section 17-16-21 is amended to read:
48          17-16-21. Fees of county officers.
49          (1) As used in this section, "county officer" means a county officer enumerated in
50     Section 17-53-101 except a county recorder, a county constable, or a county sheriff.
51          (2) (a) A county officer shall collect, in advance, for exclusive county use and benefit:
52          (i) a fee established by the county legislative body under Section 17-53-211; and
53          (ii) any other fee authorized or required by law.
54          (b) As long as the Children's Legal Defense Account is authorized by Section

55     51-9-408, the county clerk shall:
56          (i) assess $10 in addition to whatever fee for a marriage license is established under
57     authority of this section; and
58          (ii) transmit $10 from each marriage license fee to the Division of Finance for deposit
59     in the Children's Legal Defense Account.
60          (c) (i) As long as the Division of Child and Family Services, created in Section
61     62A-4a-103, has the responsibility under Section 62A-4a-105 to provide services, including
62     temporary shelter, for victims of domestic violence, the county clerk shall:
63          (A) collect $10 in addition to whatever fee for a marriage license is established under
64     authority of this section and in addition to the amount described in Subsection (2)(b), if an
65     applicant chooses, as provided in Subsection (2)(c)(ii), to pay the additional $10; and
66          (B) to the extent actually paid, transmit $10 from each marriage license fee to the
67     Division of Finance for distribution to the Division of Child and Family Services for the
68     operation of shelters for victims of domestic violence.
69          (ii) (A) The county clerk shall provide a method for an applicant for a marriage license
70     to choose to pay the additional $10 referred to in Subsection (2)(c)(i).
71          (B) An applicant for a marriage license may choose not to pay the additional $10
72     referred to in Subsection (2)(c)(i) without affecting the applicant's ability to be issued a
73     marriage license.
74          (d) If a county operates an online marriage application system, the county clerk of that
75     county:
76          (i) may assess $20 in addition to the other fees for a marriage license established under
77     this section;
78          (ii) except as provided in Subsection (2)(d)(iii), shall transmit $20 from the marriage
79     license fee to the state treasurer for deposit annually as follows:
80          (A) the first $400,000 shall accrue to the Utah Marriage Commission, created in
81     [Section 62A-1-120] Title 63M, Chapter 14, Utah Marriage Commission, as dedicated credits

82     for the operation of the Utah Marriage Commission; and
83          (B) proceeds in excess of $400,000 shall be deposited into the General Fund; and
84          (iii) may not transmit $20 from the marriage license fee to the state treasurer under this
85     Subsection (2)(d) if both individuals seeking the marriage license certify that they have
86     completed premarital counseling or education in accordance with Section 30-1-34.
87          (3) This section does not apply to a fee currently being assessed by the state but
88     collected by a county officer.
89          Section 2. Section 30-1-34 is amended to read:
90          30-1-34. Completion of counseling or education.
91          (1) The county clerk of a county that operates an online marriage application system
92     and issues a marriage license to applicants who certify completion of premarital counseling or
93     education in accordance with Subsection (2) shall reduce the marriage license fee by $20.
94          (2) (a) To qualify for the reduced fee under Subsection (1), the applicants shall certify
95     completion of premarital counseling or education in accordance with this Subsection (2).
96          (b) To complete premarital counseling or education, the applicants:
97          (i) shall obtain the premarital counseling or education from:
98          (A) a licensed or ordained minister or the minister's designee who is trained by the
99     minister or denomination to conduct premarital counseling or education;
100          (B) an individual licensed under Title 58, Chapter 60, Mental Health Professional
101     Practice Act;
102          (C) an individual certified by a national organization recognized by the Utah Marriage
103     Commission, created in [Section 62A-1-120] Title 63M, Chapter 14, Utah Marriage
104     Commission, as a family life educator;
105          (D) a family and consumer sciences educator;
106          (E) an individual who is an instructor approved by a premarital education curriculum
107     that meets the requirements of Subsection (2)(b)(ii); or
108          (F) an online course approved by the Utah Marriage Commission;

109          (ii) shall receive premarital counseling or education that includes information on
110     important factors associated with strong and healthy marriages, including:
111          (A) commitment in marriage; and
112          (B) effective communication and problem-solving skills, including avoiding violence
113     and abuse in the relationship;
114          (iii) shall complete at least three hours of premarital counseling or six hours of
115     premarital education meeting the requirements of this Subsection (2); and
116          (iv) shall complete the premarital counseling or education meeting the requirements of
117     this Subsection (2) not more than one year before but at least 14 days before the day on which
118     the marriage license is issued.
119          (c) Although applicants are encouraged to take the premarital counseling or education
120     together, each applicant may comply with the requirements of this Subsection (2) separately.
121          (3) A provider of premarital counseling or education under this section is encouraged
122     to use research-based relationship inventories.
123          Section 3. Section 63I-1-217 is amended to read:
124          63I-1-217. Repeal dates, Title 17.
125          [(1) Subsection 17-16-21(2)(d) is repealed July 1, 2023.]
126          [(2)] Title 17, Chapter 21a, Part 3, Administration and Standards, which creates the
127     Utah Electronic Recording Commission, is repealed July 1, 2022.
128          Section 4. Section 63I-1-230 is amended to read:
129          63I-1-230. Repeal dates, Title 30.
130          [Sections 30-1-34 and 30-1-36 are repealed July 1, 2023.]
131          Section 5. Section 63I-1-262 is amended to read:
132          63I-1-262. Repeal dates, Title 62A.
133          [(1) Subsections 62A-1-120(8)(g), (h), and (i) relating to completion of premarital
134     counseling or education under Section 30-1-34 are repealed July 1, 2023.]
135          [(2)] (1) Section 62A-3-209 is repealed July 1, 2023.

136          [(3)] (2) Section 62A-4a-202.9 is repealed December 31, 2021.
137          [(4)] (3) Section 62A-4a-213 is repealed July 1, 2024.
138          [(5)] (4) Sections 62A-5a-101, 62A-5a-102, 62A-5a-103, and 62A-5a-104, which
139     create the Coordinating Council for Persons with Disabilities, are repealed July 1, 2022.
140          [(6)] (5) Section 62A-15-114 is repealed December 31, 2021.
141          [(7)] (6) Subsections 62A-15-116(1) and (4), the language that states "In consultation
142     with the Behavioral Health Crisis Response Commission, established in Section 63C-18-202,"
143     is repealed January 1, 2023.
144          [(8)] (7) Section 62A-15-118 is repealed December 31, 2023.
145          [(9)] (8) Subsections 62A-15-605(3)(h) and (4) relating to the study of long-term needs
146     for adult beds in the state hospital are repealed July 1, 2022.
147          [(10)] (9) Section 62A-15-605, which creates the Forensic Mental Health Coordinating
148     Council, is repealed July 1, 2023.
149          [(11)] (10) Subsections 62A-15-1100(1) and 62A-15-1101(9), in relation to the Utah
150     Substance Use and Mental Health Advisory Council, are repealed January 1, 2023.
151          [(12)] (11) In relation to the Behavioral Health Crisis Response Commission, on July
152     1, 2023:
153          (a) Subsections 62A-15-1301(2) and 62A-15-1401(1) are repealed;
154          (b) Subsection 62A-15-1302(1)(b), the language that states "and in consultation with
155     the commission" is repealed;
156          (c) Section 62A-15-1303, the language that states "In consultation with the
157     commission," is repealed;
158          (d) Subsection 62A-15-1402(2)(a), the language that states "With recommendations
159     from the commission," is repealed; and
160          (e) Subsection 62A-15-1702(6) is repealed.
161          Section 6. Section 63M-14-101 is enacted to read:

Part 1. General Provisions

164          63M-14-101. Title.
165          This chapter is known as the "Utah Marriage Commission."
166          Section 7. Section 63M-14-102 is enacted to read:
167          63M-14-102. Definitions.
168          As used in this chapter:
169          (1) "Commission" means the Utah Marriage Commission created by this chapter.
170          (2) "Commission leadership" means the commission's elected chair, elected vice chair,
171     and coordinator.
172          (3) "Coordinator" means an employee from Utah State University described in Section
173     63M-14-206.
174          Section 8. Section 63M-14-201 is enacted to read:
Part 2. Commission

176          63M-14-201. Composition--Appointments--Terms--Removal.
177          (1) There is created within the governor's office the "Utah Marriage Commission."
178          (2) The commission comprises at least 10 members but no more than 30 members,
179     appointed as follows:
180          (a) the president of the Senate shall appoint two members of the Senate;
181          (b) the speaker of the House of Representatives shall appoint two members of the
182     House of Representatives;
183          (c) the governor, or commission leadership under Section 63M-14-202, shall appoint
184     up to 28 members that:
185          (i) may come from the following groups:
186          (A) non-profit organizations or governmental agencies;
187          (B) social workers who are, or have been, licensed under Title 58, Chapter 60, Part 2,
188     Social Worker Licensing Act;
189          (C) psychologists who are, or have been, licensed under Title 58, Chapter 61,

190     Psychologist Licensing Act;
191          (D) physicians who are, or have been, board certified in psychiatry and are, or have
192     been, licensed under Title 58, Chapter 67, Utah Medical Practice Act, or Title 58, Chapter 68,
193     Utah Osteopathic Medical Practice Act;
194          (E) marriage and family therapists who are, or have been, licensed under Title 58,
195     Chapter 60, Part 3, Marriage and Family Therapist Licensing Act;
196          (F) representatives of faith communities;
197          (G) public health professionals;
198          (H) representatives of domestic violence prevention organizations;
199          (I) academics from marriage and family studies departments, social or behavioral
200     sciences departments, health sciences departments, colleges of law, or other related and
201     supporting departments at institutions of higher education in this state;
202          (J) the general public;
203          (K) individuals with marketing or public relations experience; and
204          (L) legal professionals; or
205          (ii) have skills or expertise the commission requires to fulfill the commission's duties
206     described in Section 63M-14-204.
207          (3) (a) An individual appointed under Subsection (2)(c) shall serve for a term of four
208     years.
209          (b) If approved by the commission, an individual may be appointed for subsequent
210     terms.
211          (c) When a vacancy occurs in the membership for any reason, the replacement shall be
212     appointed by the applicable appointing authority for the remainder of the unexpired term of the
213     original appointment.
214          (d) Upon majority vote within commission leadership, commission leadership may
215     remove a member of the commission if the member is unable to serve.
216          (e) Commission leadership may appoint as many non-voting members as necessary if

217     the individuals appointed have skills or expertise related to the commission's duties, described
218     in Section 63M-14-204.
219          Section 9. Section 63M-14-202 is enacted to read:
220          63M-14-202. Appointee replacement.
221          If a member appointed under Subsection 63M-14-201(2)(c) resigns from the
222     commission, is removed from the commission under Subsection 63M-14-201(2)(d), or the
223     member's term expires, the governor or commission leadership shall appoint a replacement
224     member within 90 days after the day on which the governor receives notice of the member's
225     resignation, removal, or term expiration.
226          Section 10. Section 63M-14-203 is enacted to read:
227          63M-14-203. Commission meetings.
228          (1) The commission shall annually elect a chair and vice chair from the commission's
229     membership.
230          (2) The commission shall hold meetings as needed to fulfill the commission's duties.
231          (3) A meeting may be held on the call of the chair or a majority of the commission
232     members.
233          (4) A majority of the voting members of the commission constitute a quorum and, if a
234     quorum exists, the action of a majority of commission members present constitutes the action
235     of the commission.
236          Section 11. Section 63M-14-204 is enacted to read:
237          63M-14-204. Commission duties.
238          The commission shall:
239          (1) promote coalitions and collaborative efforts to uphold and encourage a strong and
240     healthy culture of strong and lasting marriages and stable families;
241          (2) contribute to greater awareness of the importance of marriage in an effort to reduce
242     divorce and unwed parenthood in the state;
243          (3) promote public policies that support marriage;

244          (4) promote programs and activities that educate individuals and couples on how to
245     achieve strong, successful, and lasting marriages, including promoting and assisting in the
246     offering of:
247          (a) events;
248          (b) classes and services, including those designed to promote strong, healthy, and
249     lasting marriages and prevent domestic violence;
250          (c) marriage and relationship education conferences for the public and professionals;
251     and
252          (d) enrichment seminars;
253          (5) actively promote measures designed to maintain and strengthen marriage, family,
254     and the relationships between spouses and parents and children;
255          (6) support volunteerism and private financial contributions and grants in partnership
256     with the commission and in support of the commission's purposes and activities for the benefit
257     of the state as provided in this section;
258          (7) regularly publicize information on premarital counseling and education services
259     available in the state that comply with Section 30-1-34;
260          (8) approve an online course meeting the requirements of Section 30-1-34; and
261          (9) for purposes of Section 30-1-34, recognize one or more national organizations that
262     certify family life educators.
263          Section 12. Section 63M-14-205 is enacted to read:
264          63M-14-205. Member pay -- Reimbursement.
265          (1) A commission member who is not a legislator may not receive compensation or
266     benefits for the commission member's service, but may receive per diem and travel expenses as
267     allowed in:
268          (a) Section 63A-3-106;
269          (b) Section 63A-3-107; and
270          (c) rules made by the Division of Finance in accordance with Sections 63A-3-106 and

271     63A-3-107.
272          (2) Compensation and expenses of a commission member who is a legislator are
273     governed by Section 36-2-2 and Legislative Joint Rules, Title 5, Legislative Compensation and
274     Expenses.
275          Section 13. Section 63M-14-206 is enacted to read:
276          63M-14-206. Oversight -- Staff support -- Funding.
277          (1) Utah State University shall:
278          (a) working in consultation with the commission, hire a coordinator to manage the
279     day-to-day operations of the commission;
280          (b) pay the salary of the coordinator and review the coordinator's performance;
281          (c) provide other staff support for the commission; and
282          (d) provide office space, furnishings, and supplies to the commission, the coordinator,
283     and support staff.
284          (2) Funding for the commission shall be dedicated credits from the $20 marriage
285     license fee described in Section 17-16-21 and added funding sought by the commission from
286     private contributions and grants that support the duties of the commission described in Section
287     63M-14-204.
288          (3) Before November 1, 2024, and before November 1 of each third year after 2024,
289     the commission shall provide a written report to the Health and Human Services Interim
290     Committee regarding the commission's:
291          (a) initiatives and whether the initiatives could be accomplished by a private
292     organization; and
293          (b) funding sources, including the effectiveness and necessity of the marriage license
294     fee, described in Section 17-16-21, in providing commission funding.
295          Section 14. Repealer.
296          This bill repeals:
297          Section 62A-1-120, Utah Marriage Commission.