Senator Todd D. Weiler proposes the following substitute bill:


1     
COUNTY CLERK AMENDMENTS

2     
2024 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Todd D. Weiler

5     
House Sponsor: Anthony E. Loubet

6     

7     LONG TITLE
8     General Description:
9          This bill modifies provisions related to the solemnization of marriages.
10     Highlighted Provisions:
11          This bill:
12          ▸     establishes requirements for solemnization of marriage when one or both
13     participants are not physically present in the state;
14          ▸     prohibits the use of a power of attorney to secure a marriage license for another
15     individual;
16          ▸     creates a criminal penalty for an officiant who knowingly or intentionally makes a
17     false statement on a marriage certificate; and
18          ▸     updates language for clarity.
19     Money Appropriated in this Bill:
20          None
21     Other Special Clauses:
22          None
23     Utah Code Sections Affected:
24     AMENDS:
25          30-1-5, as last amended by Laws of Utah 2011, Chapter 297
26          30-1-7, as last amended by Laws of Utah 2021, Chapter 305
27          30-1-8, as last amended by Laws of Utah 2021, Chapter 305
28          30-1-10, as last amended by Laws of Utah 2019, Chapter 317
29          30-1-11, as last amended by Laws of Utah 2019, Chapter 420
30     

31     Be it enacted by the Legislature of the state of Utah:
32          Section 1. Section 30-1-5 is amended to read:
33          30-1-5. Marriage solemnization -- Before unauthorized person -- Validity.
34          (1) A marriage solemnized before a person professing to have authority to perform
35     marriages may not be invalidated for lack of authority, if consummated in the belief of the
36     parties or either of them that the person had authority and that they have been lawfully married.
37          (2) [This] Except as otherwise explicitly provided by law, this section may not be
38     construed to validate a marriage that:
39          (a) is prohibited or void under Section 30-1-2[.]; or
40          (b) fails to meet the requirements of Section 30-1-7, as validated by a court with
41     jurisdiction.
42          Section 2. Section 30-1-7 is amended to read:
43          30-1-7. Marriage licenses -- Use within state -- Solemnization requirements --
44     Expiration.
45          (1) [No marriage may be] A marriage may not be solemnized in this state without a
46     license issued by the county clerk of any county of this state.
47          (2) (a) A license issued within this state by a county clerk may only be used within this
48     state.
49          (b) A license is considered used within this state if the officiant is physically present in
50     the state at the time of solemnization of the marriage.
51          (3) A marriage is considered solemnized if:
52          (a) The parties to the marriage have a valid marriage license;
53          (b) Each party to the marriage willingly declares their intent to enter into the marriage;
54          (c) An officiant pronounces the parties as married; and
55          (d) At least two individuals 18 years old or older witness the declarations of intent and
56     the pronouncement.
57          [(3)] (4) A license that is not used within 32 days after the day on which the [licensed]
58     license is issued is [void] invalid.
59          Section 3. Section 30-1-8 is amended to read:
60          30-1-8. Application for license -- Contents -- Power of attorney not permitted.
61          (1) As used in this section, "minor" means the same as that term is defined in Section
62     30-1-9.
63          (2) A county clerk may issue a marriage license only after:
64          (a) the age, legal name, and identity of each applicant is verified; and
65          (b) an application is filed with the county clerk's office, requiring the following
66     information:
67          [(a)] (i) the full names of the applicants, including the maiden or bachelor name of
68     each applicant;
69          [(b)] (ii) the social security numbers of the applicants, unless an applicant has not been
70     assigned a number;
71          [(c)] (iii) the current address of each applicant;
72          [(d)] (iv) the date and place of birth, including the town or city, county, state or
73     country, if possible;
74          [(e)] (v) the names of the applicants' respective parents, including the maiden name of
75     a mother; and
76          [(f)] (vi) the birthplaces of the applicants' respective parents, including the town or city,
77     county, state or country, if possible.
78          (3) A power of attorney may not be used to secure a marriage license on behalf of a
79     party to a marriage.
80          [(3)] (4) (a) If one or both of the applicants is a minor, the county clerk shall provide
81     each minor with a standard petition on a form provided by the Judicial Council to be presented
82     to the juvenile court to obtain the authorization required by Section 30-1-9.
83          (b) The form described in Subsection [(3)(a)] (4)(a) shall include:
84          (i) all information described in Subsection [(2)] (2)(b);
85          (ii) in accordance with Subsection 30-1-9(2)(a), a place for the parent or legal guardian
86     to indicate the parent or legal guardian's relationship to the minor;
87          (iii) an affidavit for the parent or legal guardian to acknowledge the penalty described
88     in Section 30-1-9.1 signed under penalty of perjury;
89          (iv) an affidavit for each applicant regarding the accuracy of the information contained
90     in the marriage application signed under penalty of perjury; and
91          (v) a place for the clerk to sign that indicates that the following have provided
92     documentation to support the information contained in the form:
93          (A) each applicant; and
94          (B) the minor's parent or legal guardian.
95          [(4)] (5) (a) The social security numbers obtained under the authority of this section
96     may not be recorded on the marriage license, and are not open to inspection as a part of the
97     vital statistics files.
98          (b) The Department of Health and Human Services, Bureau of Vital Records and
99     Health Statistics shall, upon request, supply the social security numbers to the Office of
100     Recovery Services within the Department of Health and Human Services.
101          (c) The Office of Recovery Services may not use a social security number obtained
102     under the authority of this section for any reason other than the administration of child support
103     services.
104          Section 4. Section 30-1-10 is amended to read:
105          30-1-10. Affidavit before the clerk -- Criminal penalty.
106          (1) A clerk may not issue a license until an affidavit is [made before] provided to the
107     clerk, which shall be filed and preserved by the clerk, by a party applying for the license,
108     showing that there is no lawful reason [in the way of] preventing the marriage.
109          (2) A party who makes an affidavit described in Subsection (1), or a subscribing
110     witness to the affidavit, who falsely swears in the affidavit is guilty of perjury and may be
111     prosecuted and punished as provided in Title 76, Chapter 8, Part 5, Falsification in Official
112     Matters.
113          Section 5. Section 30-1-11 is amended to read:
114          30-1-11. Return of license after ceremony -- Penalty for failure to return --
115     Criminal penalty for false statement.
116          (1) The individual solemnizing the marriage shall within 30 days after solemnizing the
117     marriage return the license to the clerk of the county that issues the license, with a certificate of
118     the marriage over the individual's signature, giving the date and place of celebration and the
119     names of two or more witnesses present at the marriage.
120          (2) An individual described in Subsection (1) who fails to return the license is guilty of
121     an infraction.
122          (3) An individual described in Subsection (1) who knowingly or intentionally makes a
123     false statement on a certificate of marriage is guilty of perjury and may be prosecuted and
124     punished as provided in Title 76, Chapter 8, Part 5, Falsification in Official Matters.
125          Section 6. Effective date.
126          This bill takes effect on May 1, 2024.