Representative Jennifer Dailey-Provost proposes the following substitute bill:


1     
MARRIAGE SELF-SOLEMNIZATION AMENDMENTS

2     
2021 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Jennifer Dailey-Provost

5     
Senate Sponsor: ____________

6     

7     LONG TITLE
8     General Description:
9          This bill amends who may perform a marriage.
10     Highlighted Provisions:
11          This bill:
12          ▸     allows the couple to be married to solemnize their own marriage; and
13          ▸     makes technical changes.
14     Money Appropriated in this Bill:
15          None
16     Other Special Clauses:
17          None
18     Utah Code Sections Affected:
19     AMENDS:
20          30-1-6, as last amended by Laws of Utah 2019, Chapter 317
21          30-1-11, as last amended by Laws of Utah 2019, Chapter 420
22     

23     Be it enacted by the Legislature of the state of Utah:
24          Section 1. Section 30-1-6 is amended to read:
25          30-1-6. Who may solemnize marriages -- Certificate.
26          (1) As used in this section:
27          (a) "Judge or magistrate of the United States" means:
28          (i) a justice of the United States Supreme Court;
29          (ii) a judge of a court of appeals;
30          (iii) a judge of a district court;
31          (iv) a judge of any court created by an act of Congress, the judges of which are entitled
32     to hold office during good behavior;
33          (v) a judge of a bankruptcy court;
34          (vi) a judge of a tax court; or
35          (vii) a United States magistrate.
36          (b) (i) "Native American spiritual advisor" means an individual who:
37          (A) leads, instructs, or facilitates a Native American religious ceremony or service or
38     provides religious counseling; and
39          (B) is recognized as a spiritual advisor by a federally recognized Native American
40     tribe.
41          (ii) "Native American spiritual advisor" includes a sweat lodge leader, medicine
42     person, traditional religious practitioner, or holy man or woman.
43          [(1) Except for a county clerk, or a county clerk's designee, as provided below, the]
44          (2) The following individuals may solemnize a marriage [at that individual's
45     discretion]:
46          (a) an individual 18 years old or older who is authorized by a religious denomination to
47     solemnize a marriage;
48          (b) a Native American spiritual [advisors] advisor;
49          (c) the governor;
50          (d) the lieutenant governor;
51          (e) [mayors of municipalities or county executives] a mayor of a municipality or county
52     executive;
53          (f) a justice, judge, or commissioner of a court of record;
54          (g) a judge of a court not of record of the state;
55          (h) [judges or magistrates] a judge or magistrate of the United States;
56          (i) the county clerk of any county in the state or the county clerk's designee as
57     authorized by Section 17-20-4;
58          (j) the president of the Senate;
59          (k) the speaker of the House of Representatives; [or]
60          (l) a judge or magistrate who holds office in Utah when retired, under rules set by the
61     Supreme Court[.]; or
62          (m) the individuals entering the marriage if both individuals are:
63          (i) at least 18 years old; and
64          (ii) not in the custody or guardianship of a state agency.
65          [(2) An] (3) Each individual authorized under Subsection [(1) who] (2) that
66     solemnizes a marriage shall [give to] ensure the couple married receives a certificate of
67     marriage that shows the:
68          (a) name of the county from which the license is issued; and
69          (b) date of the license's issuance.
70          [(3) As used in this section:]
71          [(a) "Judge or magistrate of the United States" means:]
72          [(i) a justice of the United States Supreme Court;]
73          [(ii) a judge of a court of appeals;]
74          [(iii) a judge of a district court;]
75          [(iv) a judge of any court created by an act of Congress the judges of which are entitled
76     to hold office during good behavior;]
77          [(v) a judge of a bankruptcy court;]
78          [(vi) a judge of a tax court; or]
79          [(vii) a United States magistrate.]
80          [(b) (i) "Native American spiritual advisor" means a person who:]
81          [(A) leads, instructs, or facilitates a Native American religious ceremony or service or
82     provides religious counseling; and]
83          [(B) is recognized as a spiritual advisor by a federally recognized Native American
84     tribe.]
85          [(ii) "Native American spiritual advisor" includes a sweat lodge leader, medicine
86     person, traditional religious practitioner, or holy man or woman.]
87          (4) Except for an individual described in Subsection (2)(i), an individual described in
88     Subsection (2) has discretion to solemnize a marriage.
89          [(4)] (5) Except as provided in Section 17-20-4 and Subsection (2)(i), and
90     notwithstanding any other provision in law, no individual authorized under Subsection [(1)] (2)
91     to solemnize a marriage may delegate or deputize another individual to perform the function of
92     solemnizing a marriage.
93          Section 2. Section 30-1-11 is amended to read:
94          30-1-11. Return of license after ceremony -- Failure -- Penalty.
95          (1) The individual solemnizing the marriage or the married couple self-solemnizing
96     their marriage shall, within 30 days after solemnizing the marriage return the license to the
97     clerk of the county that issues the license, with a certificate of the marriage over [the
98     individual's signature] each solemnizer's signature, giving the date and place of celebration and
99     the names of two or more witnesses present at the marriage.
100          (2) [An] Each individual solemnizer described in Subsection (1) who fails to return the
101     license is guilty of an infraction.