Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 54 First Substitute (2018GS)

Sponsor

Sen. Christensen, A.

Final action

Governor Signed 3/20/2018

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• authorizes the county clerk to increase the marriage license fee and requires deposit of the increase amount into the General Fund as a nonlapsing dedicated credit unless certain conditions are met;
• addresses premarital counseling or education, including:
• certifying completion of premarital counseling or education;
• reducing the marriage license fee if requirements for premarital counseling or education are met;
• providing what activities are included in premarital counseling and education; and
• removing a specific penalty;
• outlines duties of the Utah Marriage Commission;
• provides for a five year sunset review; and
• makes technical changes.

Every vote on this bill

Bill text

MARRIAGE AND PREMARITAL COUNSELING AND
EDUCATION AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Allen M. Christensen
House Sponsor: 
Rebecca P. Edwards
Cosponsors:
J. Stuart Adams
Curtis S. Bramble
Wayne A. Harper
Lyle W. Hillyard
Don L. Ipson
Kevin T. Van Tassel
LONG TITLE
General Description:
This bill modifies provisions related to marriage.
Highlighted Provisions:
This bill:
▸ authorizes the county clerk to increase the marriage license fee and requires deposit
of the increase amount into the General Fund as a nonlapsing dedicated credit
unless certain conditions are met;
▸ addresses premarital counseling or education, including:
• certifying completion of premarital counseling or education;
• reducing the marriage license fee if requirements for premarital counseling or
education are met;
• providing what activities are included in premarital counseling and education;
and
• removing a specific penalty;
▸ outlines duties of the Utah Marriage Commission;
▸ provides for a five year sunset review; and
▸ makes technical changes.
Money Appropriated in this Bill:
This bill appropriates in fiscal year 2019:
▸ to the Department of Human Services - Executive director operations, as an
ongoing appropriation;
• from Dedicated Credit Revenue, $300,000.
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
17-16-21
, as last amended by Laws of Utah 2013, Chapter 278
30-1-30
, as enacted by Laws of Utah 1971, Chapter 64
30-1-34
, as enacted by Laws of Utah 1971, Chapter 64
30-1-36
, as enacted by Laws of Utah 1971, Chapter 64
62A-1-120
, as last amended by Laws of Utah 2014, Chapter 387
63I-1-217
, as enacted by Laws of Utah 2017, Chapter 313
63I-1-230
, as renumbered and amended by Laws of Utah 2008, Chapter 382
63I-1-262
, as last amended by Laws of Utah 2017, Chapter 459
63I-1-263
, as last amended by Laws of Utah 2017, Chapters 23, 47, 95, 166, 205, 469,
and 470
63J-1-602.1
 (Effective 09/30/18)
, as last amended by Laws of Utah 2017, Chapters 88,
107, 194, and 383
REPEALS:
30-1-39
, as enacted by Laws of Utah 1971, Chapter 64
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
17-16-21
 is amended to read:
17-16-21.
Fees of county officers.
(1) As used in this section, "county officer" means [
all of the
] 
a
 county [
officers
]
officer
 enumerated in Section 
17-53-101
 except 
a
 county [
recorders, county constables, and
county sheriffs
] 
recorder, a county constable, or a county sheriff
.
(2) (a) [
Each
] 
A
 county officer shall collect, in advance, for exclusive county use and
benefit:
(i) [
all fees
] 
a fee
 established by the county legislative body under Section 
17-53-211
;
and
(ii) any other [
fees
] 
fee
 authorized or required by law.
(b) As long as the Children's Legal Defense Account is authorized by Section
51-9-408
, the county clerk shall:
(i) assess $10 in addition to whatever fee for a marriage license is established under
authority of this section; and
(ii) transmit $10 from each marriage license fee to the Division of Finance for deposit
in the Children's Legal Defense Account.
(c) (i) As long as the Division of Child and Family Services, created in Section
62A-4a-103
, has the responsibility under Section 
62A-4a-105
 to provide services, including
temporary shelter, for victims of domestic violence, the county clerk shall:
(A) collect $10 in addition to whatever fee for a marriage license is established under
authority of this section[
,
] 
and
 in addition to the amount described in Subsection (2)(b), if an
applicant chooses, as provided in Subsection (2)(c)(ii), to pay the additional $10; and
(B) to the extent actually paid, transmit $10 from each marriage license fee to the
Division of Finance for distribution to the Division of Child and Family Services for the
operation of shelters for victims of domestic violence.
(ii) (A) The county clerk shall provide a method for an applicant for a marriage license
to choose to pay the additional $10 referred to in Subsection (2)(c)(i).
(B) An applicant for a marriage license may choose not to pay the additional $10
referred to in Subsection (2)(c)(i) without affecting the applicant's ability to be issued a
marriage license.
(d) If a county operates an online marriage application system, the county clerk of that
county:
(i) may assess $20 in addition to the other fees for a marriage license established under
this section;
(ii) except as provided in Subsection (2)(d)(iii), shall transmit $20 from the marriage
license fee to the state treasurer for deposit annually as follows:
(A) the first $400,000 shall accrue to the Utah Marriage Commission, created in
Section 62A-1-120, as dedicated credits for the operation of the Utah Marriage Commission;
and
(B) proceeds in excess of $400,000 shall be deposited into the General Fund; and
(iii) may not transmit $20 from the marriage license fee to the state treasurer under this
Subsection (2)(d) if both individuals seeking the marriage license certify that they have
completed premarital counseling or education in accordance with Section 
30-1-34
.
(3) This section does not apply to [
any fees
] 
a fee
 currently being assessed by the state
but collected by 
a
 county [
officers
] 
officer
.
Section 2. Section 
30-1-30
 is amended to read:
30-1-30.
Premarital counseling or education -- State policy -- Applicability.
It is the policy of the state [
of Utah
] to enhance the possibility of couples to achieve
more stable, satisfying
,
 and enduring marital and family relationships by providing
opportunities for and encouraging the use of premarital counseling [
prior to
] 
or education
before
 securing a marriage license [
by persons under 19 years of age and by persons who have
been previously divorced
].
Section 3. Section 
30-1-34
 is amended to read:
30-1-34.
Completion of counseling or education.
(1)
 The county clerk of [
any
] 
a
 county [
which has adopted this act shall issue a
marriage license to those applicants who come within the premarital counseling requirements
of this act when the applicants present a certificate from the premarital counseling board that
the counseling has been completed or has been found to be adequate if the license application
otherwise conforms to the requirements for issuance of a marriage license. For those applicants
who would otherwise need approval of the district court in order to marry, the certificate shall
take the place of court consent if the parents, guardian or custodial parent of the applicant have
given their consent to the marriage.
] 
that operates an online marriage application system and
issues a marriage license to applicants who certify completion of premarital counseling or
education in accordance with Subsection (2) shall reduce the marriage license fee by $20.
(2) (a) To qualify for the reduced fee under Subsection (1), the applicants shall certify
completion of premarital counseling or education in accordance with this Subsection (2).
(b) To complete premarital counseling or education, the applicants:
(i) shall obtain the premarital counseling or education from:
(A) a licensed or ordained minister or the minister's designee who is trained by the
minister or denomination to conduct premarital counseling or education;
(B) an individual licensed under Title 58, Chapter 60, Mental Health Professional
Practice Act;
(C) an individual certified by a national organization recognized by the Utah Marriage
Commission, created in Section 
62A-1-120
, as a family life educator;
(D) a family and consumer sciences educator;
(E) an individual who is an instructor approved by a premarital education curriculum
that meets the requirements of Subsection (2)(b)(ii); or
(F) an online course approved by the Utah Marriage Commission;
(ii) shall receive premarital counseling or education that includes information on
important factors associated with strong and healthy marriages, including:
(A) commitment in marriage; and
(B) effective communication and problem-solving skills, including avoiding violence
and abuse in the relationship;
(iii) shall complete at least three hours of premarital counseling or six hours of
premarital education meeting the requirements of this Subsection (2); and
(iv) shall complete the premarital counseling or education meeting the requirements of
this Subsection (2) not more than one year before but at least 14 days before the day on which
the marriage license is issued.
(c) Although applicants are encouraged to take the premarital counseling or education
together, each applicant may comply with the requirements of this Subsection (2) separately.
(3) A provider of premarital counseling or education under this section is encouraged
to use research-based relationship inventories.
Section 4. Section 
30-1-36
 is amended to read:
30-1-36.
Activities included in premarital counseling or education.
(1)
 Premarital counseling [
as used in this act shall
] 
may
 include [
but not be limited to
lectures,
] group counseling, individual counseling [
and testing
]
, and couple counseling
.
(2) Premarital education may include:
(a) a lecture, class, seminar, or workshop provided by a person that meets the
requirements of Subsection 
30-1-34
(2)(b)(i); or
(b) an online course approved by the Utah Marriage Commission as provided in
Subsection 
30-1-34
(2)(b)(i)(F).
Section 5. Section 
62A-1-120
 is amended to read:
62A-1-120.
Utah Marriage Commission.
(1) As used in this section, "commission" means the Utah Marriage Commission
created by this section.
(2) There is created within the department the "Utah Marriage Commission."
(3) The commission shall consist of 17 members appointed as follows:
(a) two members of the Senate appointed by the president of the Senate;
(b) two members of the House of Representatives appointed by the speaker of the
House of Representatives;
(c) six current or former representatives from marriage and family studies departments,
social or behavioral sciences departments, health sciences departments, colleges of law, or
other related and supporting departments at institutions of higher education in this state, as
shall be appointed by the governor;
(d) five representatives selected and appointed by the governor from among the
following groups:
(i) social workers who are or have been licensed under Title 58, Chapter 60, Part 2,
Social Worker Licensing Act;
(ii) psychologists who are or have been licensed under Title 58, Chapter 61,
Psychologist Licensing Act;
(iii) physicians who are or have been board certified in psychiatry and are or have been
licensed under Title 58, Chapter 67, Utah Medical Practice Act;
(iv) marriage and family therapists who are or have been licensed under Title 58,
Chapter 60, Part 3, Marriage and Family Therapist Licensing Act;
(v) representatives of faith communities;
(vi) public health professionals;
(vii) representatives of domestic violence prevention organizations; or
(viii) legal professionals; and
(e) two representatives of the general public appointed by the members of the
commission appointed under Subsections (3)(a) through (d).
(4) (a) A member appointed under Subsections (3)(c) through (e) shall serve for a term
of four years. A member may be appointed for subsequent terms.
(b) Notwithstanding Subsection (4)(a), the governor shall, at the time of appointment
or reappointment, adjust the length of terms to ensure that the terms of commission members
are staggered so that approximately half of the commission is appointed every two years.
(c) A commission member shall serve until a replacement is appointed and qualified.
(d) When a vacancy occurs in the membership for any reason, the replacement shall be
appointed for the unexpired term in the same manner as the original appointment.
(5) (a) The commission shall annually elect a chair from its membership.
(b) The commission shall hold meetings as needed to carry out its duties. A meeting
may be held on the call of the chair or a majority of the commission members.
(c) Nine commission members constitute a quorum and, if a quorum exists, the action
of a majority of commission members present constitutes the action of the commission.
(6) (a) A commission member who is not a legislator may not receive compensation or
benefits for the commission member's service, but may receive per diem and travel expenses as
allowed in:
(i) Section 
63A-3-106
;
(ii) Section 
63A-3-107
; and
(iii) rules made by the Division of Finance according to Sections 
63A-3-106
 and
63A-3-107
.
(b) Compensation and expenses of a commission member who is a legislator are
governed by Section 
36-2-2
 and Legislative Joint Rules, Title 5, Legislative Compensation and
Expenses.
(7) The department shall staff the commission.
(8) The commission shall:
(a) promote coalitions and collaborative efforts to uphold and encourage a strong and
healthy culture of strong and lasting marriages and stable families;
(b) contribute to greater awareness of the importance of marriage and leading to
reduced divorce and unwed parenthood in the state;
(c) promote public policies that support marriage;
(d) promote programs and activities that educate individuals and couples on how to
achieve strong, successful, and lasting marriages, including promoting and assisting in the
offering of:
(i) events;
(ii) classes and services, including those designed to promote strong, healthy, and
lasting marriages and prevent domestic violence;
(iii) marriage and relationship education conferences for the public and professionals;
and
(iv) enrichment seminars;
(e) actively promote measures designed to maintain and strengthen marriage, family,
and the relationships between [
husband and wife
] 
spouses
 and parents and children; [
and
]
(f) support volunteerism and private financial contributions and grants in partnership
with the commission and in support of the commission's purposes and activities for the benefit
of the state as provided in this section[
.
]
;
(g) regularly publicize information on premarital counseling and education services
available in the state that comply with Section 
30-1-34
;
(h) approve an online course meeting the requirements of Section 
30-1-34
; and
(i) for purposes of Section 
30-1-34
, recognize one or more national organizations that
certify family life educators.
(9) Funding for the commission shall be as approved by the Legislature through annual
appropriations and the added funding sought by the commission from private contributions and
grants that support the duties of the commission described in Subsection (8).
Section 6. Section 
63I-1-217
 is amended to read:
63I-1-217.
Repeal dates, Title 17.
(1) Subsection 
17-16-21
(2)(d) is repealed July 1, 2023.
[
(1)
] 
(2) (a)
 Subsections 
17-36-55
(1)(b), (1)(c), and (3) are repealed July 1, 2018.
[
(2)
] 
(b)
 When repealing the subsections listed in Subsection [
(1)
] 
(2)(a)
, the Office of
Legislative Research and General Counsel shall, in addition to its authority under Subsection
36-12-12
(3), make other modifications necessary to ensure that the remaining subsections are
complete sentences, grammatically correct, and have correct numbering and cross references to
accurately reflect the office's perception of the Legislature's intent.
Section 7. Section 
63I-1-230
 is amended to read:
63I-1-230.
Repeal dates, Title 30.
Sections 
30-1-34
, 
30-1-36
, and 
30-1-39
 are repealed July 1, 2023.
Section 8. Section 
63I-1-262
 is amended to read:
63I-1-262.
Repeal dates, Title 62A.
(1) Subsections 
62A-1-120
(8)(g), (h), and (i) are repealed July 1, 2023.
[
(1)
] 
(2)
 Section 
62A-4a-213
 is repealed July 1, 2019.
[
(2)
] 
(3)
 Section 
62A-4a-202.9
 is repealed December 31, 2019.
[
(3)
] 
(4)
 Subsection 
62A-15-1101
(5) is repealed July 1, 2018.
Section 9. Section 
63I-1-263
 is amended to read:
63I-1-263.
Repeal dates, Titles 63A to 63N.
(1) Subsection 
63A-5-104
(4)(h) is repealed on July 1, 2024.
(2) Section 
63A-5-603
, State Facility Energy Efficiency Fund, is repealed July 1, 2023.
(3) Title 63C, Chapter 4a, Constitutional and Federalism Defense Act, is repealed July
1, 2018.
(4) Title 63C, Chapter 4b, Commission for the Stewardship of Public Lands, is
repealed November 30, 2019.
(5) Title 63C, Chapter 16, Prison Development Commission Act, is repealed July 1,
2020.
(6) Title 63C, Chapter 17, Point of the Mountain Development Commission Act, is
repealed July 1, 2021.
(7) Title 63C, Chapter 18, Mental Health Crisis Line Commission, is repealed July 1,
2018.
(8) Title 63G, Chapter 21, Agreements to Provide State Services, is repealed July 1,
2023.
(9) Title 63H, Chapter 4, Heber Valley Historic Railroad Authority, is repealed July 1,
2020.
(10) Title 63H, Chapter 8, Utah Housing Corporation Act, is repealed July 1, 2026.
(11) On July 1, 2025:
(a) in Subsection 
17-27a-404
(3)(c)(ii), the language that states "the Resource
Development Coordinating Committee," is repealed;
(b) Subsection 
23-14-21
(2)(c) is amended to read "(c) provide notification of proposed
sites for the transplant of species to local government officials having jurisdiction over areas
that may be affected by a transplant.";
(c) in Subsection 
23-14-21
(3), the language that states "and the Resource Development
Coordinating Committee" is repealed;
(d) in Subsection 
23-21-2.3
(1), the language that states "the Resource Development
Coordinating Committee created in Section 
63J-4-501
 and" is repealed;
(e) in Subsection 
23-21-2.3
(2), the language that states "the Resource Development
Coordinating Committee and" is repealed;
(f) Subsection 
63J-4-102
(1) is repealed and the remaining subsections are renumbered
accordingly;
(g) Subsections 
63J-4-401
(5)(a) and (c) are repealed;
(h) Subsection 
63J-4-401
(5)(b) is renumbered to Subsection 
63J-4-401
(5)(a) and the
word "and" is inserted immediately after the semicolon;
(i) Subsection 
63J-4-401
(5)(d) is renumbered to Subsection 
63J-4-401
(5)(b);
(j) Sections 
63J-4-501
, 
63J-4-502
, 
63J-4-503
, 
63J-4-504
, and 
63J-4-505
 are repealed;
and
(k) Subsection 
63J-4-603
(1)(e)(iv) is repealed and the remaining subsections are
renumbered accordingly.
(12) Subsection 
63J-1-602.1
(8) is repealed July 1, 2023.
[
(12)
] 
(13)
 (a) Subsection 
63J-1-602.4
(15) is repealed July 1, 2022.
(b) When repealing Subsection 
63J-1-602.4
(15), the Office of Legislative Research and
General Counsel shall, in addition to the office's authority under Subsection 
36-12-12
(3), make
necessary changes to subsection numbering and cross references.
[
(13)
] 
(14)
 The Crime Victim Reparations and Assistance Board, created in Section
63M-7-504
, is repealed July 1, 2027.
[
(14)
] 
(15)
 Title 63M, Chapter 11, Utah Commission on Aging, is repealed July 1,
2027.
[
(15)
] 
(16)
 Title 63N, Chapter 2, Part 2, Enterprise Zone Act, is repealed July 1, 2018.
[
(16)
] 
(17)
 (a) Title 63N, Chapter 2, Part 4, Recycling Market Development Zone Act,
is repealed January 1, 2021.
(b) Subject to Subsection [
(16)
] 
(17)
(c), Sections 
59-7-610
 and 
59-10-1007
 regarding
tax credits for certain persons in recycling market development zones, are repealed for taxable
years beginning on or after January 1, 2021.
(c) A person may not claim a tax credit under Section 
59-7-610
 or 
59-10-1007
:
(i) for the purchase price of machinery or equipment described in Section 
59-7-610
 or
59-10-1007
, if the machinery or equipment is purchased on or after January 1, 2021; or
(ii) for an expenditure described in Subsection 
59-7-610
(1)(b) or 
59-10-1007
(1)(b), if
the expenditure is made on or after January 1, 2021.
(d) Notwithstanding Subsections [
(16)
] 
(17)
(b) and (c), a person may carry forward a
tax credit in accordance with Section 
59-7-610
 or 
59-10-1007
 if:
(i) the person is entitled to a tax credit under Section 
59-7-610
 or 
59-10-1007
; and
(ii) (A) for the purchase price of machinery or equipment described in Section
59-7-610
 or 
59-10-1007
, the machinery or equipment is purchased on or before December 31,
2020; or
(B) for an expenditure described in Subsection 
59-7-610
(1)(b) or 
59-10-1007
(1)(b), the
expenditure is made on or before December 31, 2020.
[
(17)
] 
(18)
 Section 
63N-2-512
 is repealed on July 1, 2021.
[
(18)
] 
(19)
 (a) Title 63N, Chapter 2, Part 6, Utah Small Business Jobs Act, is repealed
January 1, 2021.
(b) Section 
59-9-107
 regarding tax credits against premium taxes is repealed for
calendar years beginning on or after January 1, 2021.
(c) Notwithstanding Subsection [
(18)
] 
(19)
(b), an entity may carry forward a tax credit
in accordance with Section 
59-9-107
 if:
(i) the person is entitled to a tax credit under Section 
59-9-107
 on or before December
31, 2020; and
(ii) the qualified equity investment that is the basis of the tax credit is certified under
Section 
63N-2-603
 on or before December 31, 2023.
[
(19)
] 
(20)
 Title 63N, Chapter 9, Part 2, Outdoor Recreational Infrastructure Grant
Program, is repealed January 1, 2023.
[
(20)
] 
(21)
 Title 63N, Chapter 12, Part 3, Utah Broadband Outreach Center, is repealed
July 1, 2018.
[
(21)
] 
(22)
 Title 63N, Chapter 12, Part 4, Career and Technical Education Board, is
repealed July 1, 2018.
Section 10. Section 
63J-1-602.1 (Effective 09/30/18)
 is amended to read:
63J-1-602.1 (Effective 09/30/18).
List of nonlapsing accounts and funds -- General
authority and Title 1 through Title 30.
(1) Appropriations made to the Legislature and its committees.
(2) The Utah Intracurricular Student Organization Support for Agricultural Education
and Leadership Restricted Account created in Section 
4-42-102
.
(3) The Percent-for-Art Program created in Section 
9-6-404
.
(4) The Native American Repatriation Restricted Account created in Section 
9-9-407
.
(5) The Martin Luther King, Jr. Civil Rights Support Restricted Account created in
Section 
9-18-102
.
(6) The National Professional Men's Soccer Team Support of Building Communities
Restricted Account created in Section 
9-19-102
.
(7) The LeRay McAllister Critical Land Conservation Program created in Section
11-38-301
.
(8) Dedicated credits accrued to the Utah Marriage Commission as provided under
Subsection 
17-16-21
(2)(d)(ii).
[
(8)
] 
(9)
 The Support for State-Owned Shooting Ranges Restricted Account created in
Section 
23-14-13.5
.
[
(9)
] 
(10)
 An appropriation made to the Division of Wildlife Resources for the
appraisal and purchase of lands under the Pelican Management Act, as provided in Section
23-21a-6
.
[
(10)
] 
(11)
 Award money under the State Asset Forfeiture Grant Program, as provided
under Section 
24-4-117
.
[
(11)
] 
(12)
 Funds collected from the program fund for local health department
expenses incurred in responding to a local health emergency under Section 
26-1-38
.
[
(12)
] 
(13)
 Funds collected from the emergency medical services grant program, as
provided in Section 
26-8a-207
.
[
(13)
] 
(14)
 The primary care grant program created in Section 
26-10b-102
.
[
(14)
] 
(15)
 The Children with Cancer Support Restricted Account created in Section
26-21a-304
.
[
(15)
] 
(16)
 State funds appropriated for matching federal funds in the Children's Health
Insurance Program as provided in Section 
26-40-108
.
[
(16)
] 
(17)
 The Utah Health Care Workforce Financial Assistance Program created in
Section 
26-46-102
.
[
(17)
] 
(18)
 The Rural Physician Loan Repayment Program created in Section
26-46a-103
.
[
(18)
] 
(19)
 The Opiate Overdose Outreach Pilot Program created in Section 
26-55-107
.
[
(19)
] 
(20)
 The Children with Heart Disease Support Restricted Account created in
Section 
26-58-102
.
Section 11. 
Appropriation.
The following sums of money are appropriated for the fiscal year beginning July 1,
2018, and ending June 30, 2019. These are additions to amounts previously appropriated for
fiscal year 2019. Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures
Act, the Legislature appropriates the following sums of money from the funds and accounts
indicated for the use and support of the government of the state of Utah.
ITEM 1
To Department of Human Services - Executive Director Operations
From Dedicated Credits Revenue
$300,000
Schedule of Programs:
Marriage Commission $300,000
Section 12. 
Repealer.
This bill repeals:
Section 
30-1-39
,
Violation of counseling provisions -- Misdemeanor.
Section 13. 
Effective date.
This bill takes effect September 30, 2018.