1
2
3
4
5
6
7 LONG TITLE
8 General Description:
9 This bill makes changes pertaining to the Utah Marriage Commission.
10 Highlighted Provisions:
11 This bill:
12 ▸ defines terms;
13 ▸ moves oversight responsibility of the Utah Marriage Commission from the
14 Department of Human Services to Utah State University;
15 ▸ changes the membership of the Utah Marriage Commission;
16 ▸ modifies provisions relating to appointment, reappointment, and removal of
17 commission members;
18 ▸ repeals the sunset date for the marriage license fee, replacing it with a reporting
19 requirement; and
20 ▸ repeals sunset date provisions related to pre-marriage counseling and education.
21 Money Appropriated in this Bill:
22 None
23 Other Special Clauses:
24 None
25 Utah Code Sections Affected:
26 AMENDS:
27 17-16-21, as last amended by Laws of Utah 2018, Chapter 347
28 30-1-34, as last amended by Laws of Utah 2018, Chapter 347
29 63I-1-217, as last amended by Laws of Utah 2020, Sixth Special Session, Chapter 18
30 63I-1-230, as last amended by Laws of Utah 2020, Chapter 354
31 63I-1-262, as last amended by Laws of Utah 2020, Chapters 154, 303, 304, and 358
32 ENACTS:
33 63M-14-101, Utah Code Annotated 1953
34 63M-14-102, Utah Code Annotated 1953
35 63M-14-201, Utah Code Annotated 1953
36 63M-14-202, Utah Code Annotated 1953
37 63M-14-203, Utah Code Annotated 1953
38 63M-14-204, Utah Code Annotated 1953
39 63M-14-205, Utah Code Annotated 1953
40 63M-14-206, Utah Code Annotated 1953
41 REPEALS:
42 62A-1-120, as last amended by Laws of Utah 2018, Chapter 347
43
44 Be it enacted by the Legislature of the state of Utah:
45 Section 1. Section 17-16-21 is amended to read:
46 17-16-21. Fees of county officers.
47 (1) As used in this section, "county officer" means a county officer enumerated in
48 Section 17-53-101 except a county recorder, a county constable, or a county sheriff.
49 (2) (a) A county officer shall collect, in advance, for exclusive county use and benefit:
50 (i) a fee established by the county legislative body under Section 17-53-211; and
51 (ii) any other fee authorized or required by law.
52 (b) As long as the Children's Legal Defense Account is authorized by Section
53 51-9-408, the county clerk shall:
54 (i) assess $10 in addition to whatever fee for a marriage license is established under
55 authority of this section; and
56 (ii) transmit $10 from each marriage license fee to the Division of Finance for deposit
57 in the Children's Legal Defense Account.
58 (c) (i) As long as the Division of Child and Family Services, created in Section
59 62A-4a-103, has the responsibility under Section 62A-4a-105 to provide services, including
60 temporary shelter, for victims of domestic violence, the county clerk shall:
61 (A) collect $10 in addition to whatever fee for a marriage license is established under
62 authority of this section and in addition to the amount described in Subsection (2)(b), if an
63 applicant chooses, as provided in Subsection (2)(c)(ii), to pay the additional $10; and
64 (B) to the extent actually paid, transmit $10 from each marriage license fee to the
65 Division of Finance for distribution to the Division of Child and Family Services for the
66 operation of shelters for victims of domestic violence.
67 (ii) (A) The county clerk shall provide a method for an applicant for a marriage license
68 to choose to pay the additional $10 referred to in Subsection (2)(c)(i).
69 (B) An applicant for a marriage license may choose not to pay the additional $10
70 referred to in Subsection (2)(c)(i) without affecting the applicant's ability to be issued a
71 marriage license.
72 (d) If a county operates an online marriage application system, the county clerk of that
73 county:
74 (i) may assess $20 in addition to the other fees for a marriage license established under
75 this section;
76 (ii) except as provided in Subsection (2)(d)(iii), shall transmit $20 from the marriage
77 license fee to the state treasurer for deposit annually as follows:
78 (A) the first $400,000 shall accrue to the Utah Marriage Commission, created in
79 [
80 for the operation of the Utah Marriage Commission; and
81 (B) proceeds in excess of $400,000 shall be deposited into the General Fund; and
82 (iii) may not transmit $20 from the marriage license fee to the state treasurer under this
83 Subsection (2)(d) if both individuals seeking the marriage license certify that they have
84 completed premarital counseling or education in accordance with Section 30-1-34.
85 (3) This section does not apply to a fee currently being assessed by the state but
86 collected by a county officer.
87 Section 2. Section 30-1-34 is amended to read:
88 30-1-34. Completion of counseling or education.
89 (1) The county clerk of a county that operates an online marriage application system
90 and issues a marriage license to applicants who certify completion of premarital counseling or
91 education in accordance with Subsection (2) shall reduce the marriage license fee by $20.
92 (2) (a) To qualify for the reduced fee under Subsection (1), the applicants shall certify
93 completion of premarital counseling or education in accordance with this Subsection (2).
94 (b) To complete premarital counseling or education, the applicants:
95 (i) shall obtain the premarital counseling or education from:
96 (A) a licensed or ordained minister or the minister's designee who is trained by the
97 minister or denomination to conduct premarital counseling or education;
98 (B) an individual licensed under Title 58, Chapter 60, Mental Health Professional
99 Practice Act;
100 (C) an individual certified by a national organization recognized by the Utah Marriage
101 Commission, created in [
102 Commission, as a family life educator;
103 (D) a family and consumer sciences educator;
104 (E) an individual who is an instructor approved by a premarital education curriculum
105 that meets the requirements of Subsection (2)(b)(ii); or
106 (F) an online course approved by the Utah Marriage Commission;
107 (ii) shall receive premarital counseling or education that includes information on
108 important factors associated with strong and healthy marriages, including:
109 (A) commitment in marriage; and
110 (B) effective communication and problem-solving skills, including avoiding violence
111 and abuse in the relationship;
112 (iii) shall complete at least three hours of premarital counseling or six hours of
113 premarital education meeting the requirements of this Subsection (2); and
114 (iv) shall complete the premarital counseling or education meeting the requirements of
115 this Subsection (2) not more than one year before but at least 14 days before the day on which
116 the marriage license is issued.
117 (c) Although applicants are encouraged to take the premarital counseling or education
118 together, each applicant may comply with the requirements of this Subsection (2) separately.
119 (3) A provider of premarital counseling or education under this section is encouraged
120 to use research-based relationship inventories.
121 Section 3. Section 63I-1-217 is amended to read:
122 63I-1-217. Repeal dates, Title 17.
123 [
124 [
125 Utah Electronic Recording Commission, is repealed July 1, 2022.
126 Section 4. Section 63I-1-230 is amended to read:
127 63I-1-230. Repeal dates, Title 30.
128 [
129 Section 5. Section 63I-1-262 is amended to read:
130 63I-1-262. Repeal dates, Title 62A.
131 [
132
133 [
134 [
135 [
136 [
137 create the Coordinating Council for Persons with Disabilities, are repealed July 1, 2022.
138 [
139 [
140 with the Behavioral Health Crisis Response Commission, established in Section 63C-18-202,"
141 is repealed January 1, 2023.
142 [
143 [
144 for adult beds in the state hospital are repealed July 1, 2022.
145 [
146 Council, is repealed July 1, 2023.
147 [
148 Substance Use and Mental Health Advisory Council, are repealed January 1, 2023.
149 [
150 1, 2023:
151 (a) Subsections 62A-15-1301(2) and 62A-15-1401(1) are repealed;
152 (b) Subsection 62A-15-1302(1)(b), the language that states "and in consultation with
153 the commission" is repealed;
154 (c) Section 62A-15-1303, the language that states "In consultation with the
155 commission," is repealed;
156 (d) Subsection 62A-15-1402(2)(a), the language that states "With recommendations
157 from the commission," is repealed; and
158 (e) Subsection 62A-15-1702(6) is repealed.
159 Section 6. Section 63M-14-101 is enacted to read:
160
161
162 63M-14-101. Title.
163 This chapter is known as the "Utah Marriage Commission."
164 Section 7. Section 63M-14-102 is enacted to read:
165 63M-14-102. Definitions.
166 As used in this chapter:
167 (1) "Commission" means the Utah Marriage Commission created by this chapter.
168 (2) "Commission leadership" means the commission's elected chair, elected vice chair,
169 and coordinator.
170 (3) "Coordinator" means an employee from Utah State University described in Section
171 63M-14-206.
172 Section 8. Section 63M-14-201 is enacted to read:
173
174 63M-14-201. Composition--Appointments--Terms--Removal.
175 (1) There is created within the governor's office the "Utah Marriage Commission."
176 (2) The commission comprises at least 10 members but no more than 30 members,
177 appointed as follows:
178 (a) the president of the Senate shall appoint two members of the Senate;
179 (b) the speaker of the House of Representatives shall appoint two members of the
180 House of Representatives;
181 (c) the governor, or commission leadership under Section 63M-14-202, shall appoint
182 up to 28 members that:
183 (i) may come from the following groups:
184 (A) non-profit organizations or governmental agencies;
185 (B) social workers who are, or have been, licensed under Title 58, Chapter 60, Part 2,
186 Social Worker Licensing Act;
187 (C) psychologists who are, or have been, licensed under Title 58, Chapter 61,
188 Psychologist Licensing Act;
189 (D) physicians who are, or have been, board certified in psychiatry and are, or have
190 been, licensed under Title 58, Chapter 67, Utah Medical Practice Act or Title 58, Chapter 68,
191 Utah Osteopathic Medical Practice Act;
192 (E) marriage and family therapists who are, or have been, licensed under Title 58,
193 Chapter 60, Part 3, Marriage and Family Therapist Licensing Act;
194 (F) representatives of faith communities;
195 (G) public health professionals;
196 (H) representatives of domestic violence prevention organizations;
197 (I) academics from marriage and family studies departments, social or behavioral
198 sciences departments, health sciences departments, colleges of law, or other related and
199 supporting departments at institutions of higher education in this state;
200 (J) the general public;
201 (K) individuals with marketing or public relations experience; and
202 (L) legal professionals; or
203 (ii) have skills or expertise the commission requires to fulfill the commission's duties
204 described in Section 63M-14-204.
205 (3) (a) An individual appointed under Subsection (2)(c) shall serve for a term of four
206 years.
207 (b) If approved by the commission, an individual may be appointed for subsequent
208 terms.
209 (c) When a vacancy occurs in the membership for any reason, the replacement shall be
210 appointed by the applicable appointing authority for the remainder of the unexpired term of the
211 original appointment.
212 (d) Upon majority vote within commission leadership, commission leadership may
213 remove a member of the commission if the member is unable to serve.
214 (e) Commission leadership may appoint as many non-voting members as necessary if
215 the individuals appointed have skills or expertise related to the commission's duties, described
216 in Section 63M-14-204.
217 Section 9. Section 63M-14-202 is enacted to read:
218 63M-14-202. Appointee replacement.
219 If a member appointed under Subsection 63M-14-201(2)(c) resigns from the
220 commission, is removed from the commission under Subsection 63M-14-201(2)(d), or the
221 member's term expires, the governor or commission leadership shall appoint a replacement
222 member within 90 days after the day on which the governor receives notice of the member's
223 resignation, removal, or term expiration.
224 Section 10. Section 63M-14-203 is enacted to read:
225 63M-14-203. Commission meetings.
226 (1) The commission shall annually elect a chair and vice chair from the commission's
227 membership.
228 (2) The commission shall hold meetings as needed to fulfill the commission's duties.
229 (3) A meeting may be held on the call of the chair or a majority of the commission
230 members.
231 (4) A majority of the voting members of the commission constitute a quorum and, if a
232 quorum exists, the action of a majority of commission members present constitutes the action
233 of the commission.
234 Section 11. Section 63M-14-204 is enacted to read:
235 63M-14-204. Commission duties.
236 The commission shall:
237 (1) promote coalitions and collaborative efforts to uphold and encourage a strong and
238 healthy culture of strong and lasting marriages and stable families;
239 (2) contribute to greater awareness of the importance of marriage in an effort to reduce
240 divorce and unwed parenthood in the state;
241 (3) promote public policies that support marriage;
242 (4) promote programs and activities that educate individuals and couples on how to
243 achieve strong, successful, and lasting marriages, including promoting and assisting in the
244 offering of:
245 (a) events;
246 (b) classes and services, including those designed to promote strong, healthy, and
247 lasting marriages and prevent domestic violence;
248 (c) marriage and relationship education conferences for the public and professionals;
249 and
250 (d) enrichment seminars;
251 (5) actively promote measures designed to maintain and strengthen marriage, family,
252 and the relationships between spouses and parents and children;
253 (6) support volunteerism and private financial contributions and grants in partnership
254 with the commission and in support of the commission's purposes and activities for the benefit
255 of the state as provided in this section;
256 (7) regularly publicize information on premarital counseling and education services
257 available in the state that comply with Section 30-1-34;
258 (8) approve an online course meeting the requirements of Section 30-1-34; and
259 (9) for purposes of Section 30-1-34, recognize one or more national organizations that
260 certify family life educators.
261 Section 12. Section 63M-14-205 is enacted to read:
262 63M-14-205. Member pay -- Reimbursement.
263 (1) A commission member who is not a legislator may not receive compensation or
264 benefits for the commission member's service, but may receive per diem and travel expenses as
265 allowed in:
266 (a) Section 63A-3-106;
267 (b) Section 63A-3-107; and
268 (c) rules made by the Division of Finance in accordance with Sections 63A-3-106 and
269 63A-3-107.
270 (2) Compensation and expenses of a commission member who is a legislator are
271 governed by Section 36-2-2 and Legislative Joint Rules, Title 5, Legislative Compensation and
272 Expenses.
273 Section 13. Section 63M-14-206 is enacted to read:
274 63M-14-206. Oversight -- Staff support -- Funding.
275 (1) Utah State University shall:
276 (a) working in consultation with the commission, hire a coordinator to manage the
277 day-to-day operations of the commission;
278 (b) pay the salary of the coordinator and review the coordinator's performance;
279 (c) provide other staff support for the commission; and
280 (d) provide office space, furnishings, and supplies to the commission, the coordinator,
281 and support staff.
282 (2) Funding for the commission shall be dedicated credits from the $20 marriage
283 license fee described in Section 17-16-21 and added funding sought by the commission from
284 private contributions and grants that support the duties of the commission described in Section
285 63M-14-204.
286 (3) Before November 1, 2024, and before November 1 of each third year after 2024,
287 the commission shall provide a written report to the Health and Human Services Interim
288 Committee regarding the commission's:
289 (a) initiatives; and
290 (b) funding sources, including the effectiveness and necessity of the marriage license
291 fee, described in Section 17-16-21, in providing commission funding.
292 Section 14. Repealer.
293 This bill repeals:
294 Section 62A-1-120, Utah Marriage Commission.