Senator Daniel McCay proposes the following substitute bill:


1     
MARRIAGE SOLEMNIZATION AMENDMENTS

2     
2023 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Daniel McCay

5     
House Sponsor: ____________

6     

7     LONG TITLE
8     General Description:
9          This bill amends provisions related to marriage solemnization.
10     Highlighted Provisions:
11          This bill:
12          ▸     amends the duties of a county clerk as the duties relate to marriage solemnization;
13          ▸     amends the list of individuals authorized to solemnize a marriage; and
14          ▸     makes technical and conforming changes.
15     Money Appropriated in this Bill:
16          None
17     Other Special Clauses:
18          None
19     Utah Code Sections Affected:
20     AMENDS:
21          17-20-4, as last amended by Laws of Utah 2015, Chapter 46
22          30-1-6, as last amended by Laws of Utah 2022, Chapter 444
23     

24     Be it enacted by the Legislature of the state of Utah:
25          Section 1. Section 17-20-4 is amended to read:
26          17-20-4. Duties of county clerk.
27          A county clerk shall:
28          (1) establish policies to:
29          (a) issue all marriage licenses and keep a register of marriages as provided by law; and
30          [(2)] (b) [establish policies to] ensure that the county clerk, [or a designee of the county
31     clerk who is willing] or an employee of the county clerk's office designated by the county clerk,
32     is available during business hours to solemnize a legal marriage for which a marriage license
33     has been issued;
34          (2) make publicly available and maintain on the county clerk's website educational
35     information on solemnizing a marriage, including information regarding:
36          (a) the eligibility requirements to solemnize a marriage, as provided under Section
37     30-1-6; and
38          (b) the responsibilities of an individual solemnizing a marriage, as provided under
39     Sections 30-1-6, 30-1-11, 30-1-13, 30-1-14, and 30-1-15;
40          (3) execute under the clerk's seal and in the name of and for the county, all deeds and
41     conveyances of all real estate conveyed by the county;
42          (4) take and certify acknowledgments and administer oaths;
43          (5) keep a fee book as provided by law; and
44          (6) take charge of and safely keep the seal of the county, and keep other records and
45     perform other duties as may be prescribed by law.
46          Section 2. Section 30-1-6 is amended to read:
47          30-1-6. Who may solemnize marriages -- Certificate.
48          [(1) As used in this section:]
49          [(a) "Judge or magistrate of the United States" means:]
50          [(i) a justice of the United States Supreme Court;]
51          [(ii) a judge of a court of appeals;]
52          [(iii) a judge of a district court;]
53          [(iv) a judge of any court created by an act of Congress, the judges of which are
54     entitled to hold office during good behavior;]
55          [(v) a judge of a bankruptcy court;]
56          [(vi) a judge of a tax court; or]
57          [(vii) a United States magistrate.]
58          [(b) (i) "Native American spiritual advisor" means an individual who:]
59          [(A) leads, instructs, or facilitates a Native American religious ceremony or service or
60     provides religious counseling; and]
61          [(B) is recognized as a spiritual advisor by a federally recognized Native American
62     tribe.]
63          [(ii) "Native American spiritual advisor" includes a sweat lodge leader, medicine
64     person, traditional religious practitioner, or holy man or woman.]
65          [(2) The following individuals may solemnize a marriage:]
66          [(a) an individual 18 years old or older who is authorized by a religious denomination
67     to solemnize a marriage;]
68          [(b) a Native American spiritual advisor;]
69          [(c) the governor;]
70          [(d) the lieutenant governor;]
71          [(e) the state attorney general;]
72          [(f) the state treasurer;]
73          [(g) the state auditor;]
74          [(h) a mayor of a municipality or county executive;]
75          [(i) a justice, judge, or commissioner of a court of record;]
76          [(j) a judge of a court not of record of the state;]
77          [(k) a judge or magistrate of the United States;]
78          [(l) the county clerk of any county in the state or the county clerk's designee as
79     authorized by Section 17-20-4;]
80          [(m) a senator or representative of the Utah Legislature;]
81          [(n) a member of the state's congressional delegation; or]
82          [(o) a judge or magistrate who holds office in Utah when retired, under rules set by the
83     Supreme Court.]
84          (1) An individual may solemnize a marriage in this state if the individual is:
85          (a) 18 years old or older; or
86          (b) the county clerk of a county in this state or an employee of the county clerk's office
87     designated by the county clerk.
88          [(3)] (2) An individual authorized under Subsection [(2)] (1) who solemnizes a
89     marriage shall give to the couple married a certificate of marriage that shows the:
90          (a) name of the county from which the license is issued; and
91          (b) date of the license's issuance.
92          [(4)] (3) Except for an individual described in Subsection [(2)(l)] (1)(b), an individual
93     described in Subsection [(2)] (1) has discretion to solemnize a marriage.
94          [(5)] (4) Except as provided in Section 17-20-4 and Subsection [(2)(l)] (1)(b), and
95     notwithstanding any other provision in law, [no] an individual authorized under Subsection
96     [(2)] (1) to solemnize a marriage may not delegate or deputize another individual to perform
97     the function of solemnizing a marriage.