Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 234 Second Substitute (2019GS)

Sponsor

Rep. Romero, A.

Final action

Governor Signed 3/26/2019

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• imposes an age, below which an individual may not marry;
• allows for court authorization and consent by a parent or guardian of a minor's marriage in certain circumstances; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

MARRIAGE AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Angela Romero
Senate Sponsor: 
Luz Escamilla
Cosponsors:
Jennifer Dailey-Provost
Karen Kwan
Carol Spackman Moss
Stephanie Pitcher
Lawanna Shurtliff
Andrew Stoddard
Mike Winder
LONG TITLE
General Description:
This bill modifies provisions related to marriage.
Highlighted Provisions:
This bill:
▸ imposes an age, below which an individual may not marry;
▸ allows for court authorization and consent by a parent or guardian of a minor's
marriage in certain circumstances; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
30-1-2
, as last amended by Laws of Utah 1999, Chapter 15
30-1-4
, as last amended by Laws of Utah 1996, Chapter 83
30-1-8
, as last amended by Laws of Utah 2004, Chapter 261
30-1-9
, as last amended by Laws of Utah 2018, Chapter 415
30-1-13
, as last amended by Laws of Utah 2001, Chapter 129
30-1-14
, as last amended by Laws of Utah 2001, Chapter 129
30-1-17
, as last amended by Laws of Utah 1971, Chapter 65
30-1-17.3
, as enacted by Laws of Utah 1971, Chapter 65
78A-6-103
, as last amended by Laws of Utah 2018, Chapter 415
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
30-1-2
 is amended to read:
30-1-2.
Marriages prohibited and void.
(1)
 The following marriages are prohibited and declared void:
[
(1)
] 
(a)
 when there is a [
husband or wife
] 
spouse
 living, from whom the [
person
]
individual
 marrying has not been divorced;
[
(2)
] 
(b) except as provided in Subsection (2),
 when the [
male or female
] 
applicant
 is
under 18 years [
of age unless consent is obtained as provided in Section 
30-1-9
;
] 
old; and
[
(3) when the male or female is under 14 years of age or, beginning May 3, 1999, when
the male or female is under 16 years of age at the time the parties attempt to enter into the
marriage; however, exceptions may be made for a person 15 years of age, under conditions set
in accordance with Section 
30-1-9
;
]
[
(4)
] 
(c)
 between a divorced [
person
] 
individual
 and any [
person
] 
individual
 other than
the one from whom the divorce was secured until the divorce decree becomes absolute, and, if
an appeal is taken, until after the affirmance of the decree[
; and
]
.
[
(5) between persons of the same sex.
]
(2) A marriage of an individual under 18 years old is not void if the individual:
(a) is 16 or 17 years old and obtains consent from a parent or guardian and juvenile
court authorization in accordance with Section 
30-1-9
; or
(b) lawfully marries before May 14, 2019.
Section 2. Section 
30-1-4
 is amended to read:
30-1-4.
Validity of foreign marriages -- Exceptions.
A marriage solemnized in any other country, state, or territory, if valid where
solemnized, is valid [
here
] 
in this state
, unless it is a marriage:
(1) that would be prohibited and declared void in this state, under Subsection
30-1-2
(1)[
, (3), or (5)
] 
(a)
; or
(2) between parties who are related to each other within and including three degrees of
consanguinity, except as provided in Subsection 
30-1-1
(2).
Section 3. Section 
30-1-8
 is amended to read:
30-1-8.
Application for license -- Contents.
(1) A marriage license may be issued [
by the county clerk to a man and a woman
] only
after an application [
has been filed in his
] 
is filed with the county clerk's
 office, requiring the
following information:
(a) the full names of the [
man and the woman
] 
applicants
, including the maiden 
or
bachelor
 name of [
the woman
] 
each applicant
;
(b) the [
Social Security
] 
social security
 numbers of the [
parties
] 
applicants
, unless the
[
party
] 
applicant
 has not been assigned a number;
(c) the current address of each [
party
] 
applicant
;
(d) the date and place of birth [
(
]
, including the
 town or city, county, state or country, if
possible[
)
];
(e) the names of [
their
] 
the applicants'
 respective parents, including the maiden name
of [
the
] 
a
 mother;
(f) the birthplaces of [
fathers and mothers (
] 
the respective parents, including the
 town
or city, county, state or country, if possible[
)
]; and
(g) the distinctive race or nationality of each of the 
respective
 parents.
(2) If [
the
] 
a
 woman is a widow, her maiden name shall be shown in brackets.
(3) If one or both of the parties is [
under 16
] 
or 17
 years of age, the clerk shall
provide [
them
] 
the parties
 with a standard petition on a form approved by the Judicial Council
to be presented to the juvenile court to obtain the authorization required by Section 
30-1-9
.
(4) (a) The [
Social Security
] 
social security
 numbers obtained under the authority of
this section may not be recorded on the marriage license, and are not open to inspection as a
part of the vital statistics files.
(b) The Department of Health, Bureau of Vital Records and Health Statistics shall,
upon request, supply [
those Social Security
] 
the social security
 numbers to the Office of
Recovery Services within the Department of Human Services.
(c) The Office of Recovery Services may not use [
any Social Security numbers
] 
a
social security number
 obtained under the authority of this section for any reason other than the
administration of child support services.
Section 4. Section 
30-1-9
 is amended to read:
30-1-9.
Marriage by minors -- Consent of parent or guardian -- Juvenile court
authorization.
(1) For purposes of this section, "minor" means [
a male or female under 18 years of
age
] 
an individual that is 16 or 17 years old
.
(2) (a) If at the time of applying for a license the applicant is a minor, and not before
married, a license may not be issued without the signed consent of the minor's father, mother,
or guardian given in person to the clerk; however:
(i) if the parents of the minor are divorced, consent shall be given by the parent having
legal custody of the minor as evidenced by an oath of affirmation to the clerk;
(ii) if the parents of the minor are divorced and have been awarded joint custody of the
minor, consent shall be given by the parent having physical custody of the minor the majority
of the time as evidenced by an oath of affirmation to the clerk; or
(iii) if the minor is not in the custody of a parent, the legal guardian shall provide the
consent and provide proof of guardianship by court order as well as an oath of affirmation.
(b) [
If the male or female is 15 years of age, the
] 
The
 minor and the parent or guardian
of the minor shall obtain a written authorization to marry from:
(i) a judge of the court exercising juvenile jurisdiction in the county where either party
to the marriage resides; or
(ii) a court commissioner as permitted by rule of the Judicial Council.
(3) (a) Before issuing written authorization for a minor to marry, the judge or court
commissioner shall determine:
(i) that the minor is entering into the marriage voluntarily; and
(ii) the marriage is in the best interests of the minor under the circumstances.
(b) The judge or court commissioner shall require that both parties to the marriage
complete premarital counseling[
. This
]
, except the
 requirement 
for premarital counseling
 may
be waived if premarital counseling is not reasonably available.
(c) The judge or court commissioner may require:
(i) that the [
person
] 
minor
 continue to attend school, unless excused under Section
53G-6-204
; and
(ii) any other conditions that the court deems reasonable under the circumstances.
(d) The judge or court commissioner may not issue a written authorization to the minor
if the age difference between both parties to the marriage is more than seven years.
(4) 
(a)
 The determination required in Subsection (3) shall be made on the record.
(b)
 Any inquiry conducted by the judge or commissioner may be conducted in
chambers.
Section 5. Section 
30-1-13
 is amended to read:
30-1-13.
Solemnization without license -- Penalty.
If [
any person
] 
an individual
 knowingly solemnizes a marriage without a license, and if
either party is [
under 16 years of age
] 
or 17 years old
, without a written authorization from a
juvenile court, [
he
] 
the individual
 is guilty of a third degree felony.
Section 6. Section 
30-1-14
 is amended to read:
30-1-14.
Acting without authority -- Penalty.
[
A person
] 
An individual
 is guilty of a third degree felony if [
he
] 
the individual
:
(1) knowingly solemnizes a marriage in violation of [
either
] Section 
30-1-6
, 
30-1-7
, or
30-1-9.1
;
(2) impersonates a parent or guardian of a minor to obtain a license for the minor to
marry; or
(3) forges the name of a parent or guardian of a minor on any writing purporting to
give consent to a marriage of a minor.
Section 7. Section 
30-1-17
 is amended to read:
30-1-17.
Action to determine validity of marriage -- Judgment of validity or
annulment.
When there is doubt as to the validity of a marriage, either party may, in a court of
equity in a county where either party is domiciled, demand [
its
] avoidance or affirmance 
of the
marriage
, but when one of the parties was under [
the age of consent
] 
years old
 at the time of
the marriage, the other party, being of proper age, [
shall have no such
] 
does not have a
proceeding for that cause against the party under [
age
] 
years old
. The judgment in the action
shall either declare the marriage valid or annulled and shall be conclusive upon all persons
concerned with the marriage.
Section 8. Section 
30-1-17.3
 is amended to read:
30-1-17.3.
Age as basis of action to determine validity of marriage -- Refusal to
grant annulment.
If an action to determine the validity of a marriage is commenced upon the ground that
one or both of the parties were prohibited from marriage because of their age, in addition to [
all
of the foregoing provisions, the following shall apply: The
] 
the application of Sections 
30-1-17
through 
30-1-17.4
, the
 provisions of this code regarding marriage by a person or persons under
[
the age of consent
] 
years old
 to the contrary notwithstanding, the court may[
, in its
discretion,
] refuse to grant an annulment if [
it
] 
the court
 finds that it is in the best interest of the
parties or their children, to refuse the annulment. The refusal [
shall make
] 
to annul under this
section makes
 the marriage valid and subsisting for all purposes.
Section 9. Section 
78A-6-103
 is amended to read:
78A-6-103.
Jurisdiction of juvenile court -- Original -- Exclusive.
(1) Except as otherwise provided by law, the juvenile court has exclusive original
jurisdiction in proceedings concerning:
(a) a child who has violated any federal, state, or local law or municipal ordinance or a
person younger than 21 years of age who has violated any law or ordinance before becoming
18 years of age, regardless of where the violation occurred, excluding offenses:
(i) in Section 
53G-8-211
 until such time that the child is referred to the courts under
Section 
53G-8-211
; and
(ii) in Subsection 
78A-7-106
(2);
(b) a child who is an abused child, neglected child, or dependent child, as those terms
are defined in Section 
78A-6-105
;
(c) a protective order for a child pursuant to Title 78B, Chapter 7, Part 2, Child
Protective Orders, which the juvenile court may transfer to the district court if the juvenile
court has entered an ex parte protective order and finds that:
(i) the petitioner and the respondent are the natural parent, adoptive parent, or step
parent of the child who is the object of the petition;
(ii) the district court has a petition pending or an order related to custody or parent-time
entered under Title 30, Chapter 3, Divorce, Title 78B, Chapter 7, Part 1, Cohabitant Abuse Act,
or Title 78B, Chapter 15, Utah Uniform Parentage Act, in which the petitioner and the
respondent are parties; and
(iii) the best interests of the child will be better served in the district court;
(d) appointment of a guardian of the person or other guardian of a minor who comes
within the court's jurisdiction under other provisions of this section;
(e) the emancipation of a minor in accordance with Part 8, Emancipation;
(f) the termination of the legal parent-child relationship in accordance with Part 5,
Termination of Parental Rights Act, including termination of residual parental rights and
duties;
(g) the treatment or commitment of a minor who has an intellectual disability;
(h) the judicial consent to the marriage of a [
child under age 16
] 
minor 16 or 17 years
old
 upon a determination of voluntariness or where otherwise required by law[
, employment, or
enlistment of a child when consent is required by law
];
(i) any parent or parents of a child committed to a secure youth facility, to order, at the
discretion of the court and on the recommendation of a secure facility, the parent or parents of a
child committed to a secure facility for a custodial term, to undergo group rehabilitation
therapy under the direction of a secure facility therapist, who has supervision of that parent's or
parents' child, or any other therapist the court may direct, for a period directed by the court as
recommended by a secure facility;
(j) a minor under Title 55, Chapter 12, Interstate Compact for Juveniles;
(k) subject to Subsection (8), the treatment or commitment of a child with a mental
illness;
(l) the commitment of a child to a secure drug or alcohol facility in accordance with
Section 
62A-15-301
;
(m) a minor found not competent to proceed pursuant to Section 
78A-6-1301
;
(n) de novo review of final agency actions resulting from an informal adjudicative
proceeding as provided in Section 
63G-4-402
; and
(o) adoptions conducted in accordance with the procedures described in Title 78B,
Chapter 6, Part 1, Utah Adoption Act, when the juvenile court has previously entered an order
terminating the rights of a parent and finds that adoption is in the best interest of the child.
(2) (a) Notwithstanding Section 
78A-7-106
 and Subsection 
78A-5-102
(9), the juvenile
court has exclusive jurisdiction over the following offenses committed by a child:
(i) Title 41, Chapter 6a, Part 5, Driving Under the Influence and Reckless Driving;
(ii) Section 
73-18-12
, reckless operation; and
(iii) class B and C misdemeanors, infractions, or violations of ordinances that are part
of a single criminal episode filed in a petition that contains an offense over which the court has
jurisdiction.
(b) A juvenile court may only order substance use disorder treatment or an educational
series if the minor has an assessed need for the intervention on the basis of the results of a
validated assessment.
(3) The juvenile court has jurisdiction over an ungovernable or runaway child who is
referred to it by the Division of Child and Family Services or by public or private agencies that
contract with the division to provide services to that child when, despite earnest and persistent
efforts by the division or agency, the child has demonstrated that the child:
(a) is beyond the control of the child's parent, guardian, or lawful custodian to the
extent that the child's behavior or condition endangers the child's own welfare or the welfare of
others; or
(b) has run away from home.
(4) This section does not restrict the right of access to the juvenile court by private
agencies or other persons.
(5) The juvenile court has jurisdiction of all magistrate functions relative to cases
arising under Section 
78A-6-702
.
(6) The juvenile court has jurisdiction to make a finding of substantiated,
unsubstantiated, or without merit, in accordance with Section 
78A-6-323
.
(7) The juvenile court has jurisdiction of matters transferred to it by another trial court
pursuant to Subsection 
78A-7-106
(5) and subject to Section 
53G-8-211
.
(8) The court may commit a child to the physical custody of a local mental health
authority in accordance with Title 62A, Chapter 15, Part 7, Commitment of Persons Under Age
18 to Division of Substance Abuse and Mental Health, but not directly to the Utah State
Hospital.