Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 55 Second Substitute (2021GS)

Sponsor

Rep. Ballard, M.G.

Final action

Governor Signed 3/16/2021

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• defines terms;
• moves oversight responsibility of the Utah Marriage Commission from the Department of Human Services to Utah State University;
• changes the membership of the Utah Marriage Commission;
• modifies provisions relating to appointment, reappointment, and removal of commission members;
• repeals the sunset date for the marriage license fee, replacing it with a reporting requirement; and
• repeals sunset date provisions related to pre-marriage counseling and education.

Every vote on this bill

Bill text

MARRIAGE COMMISSION AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Melissa G. Ballard
Senate Sponsor: 
Todd D. Weiler
Cosponsors:
Dan N. Johnson
Merrill F. Nelson
Paul Ray
LONG TITLE
General Description:
This bill makes changes pertaining to the Utah Marriage Commission.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ moves oversight responsibility of the Utah Marriage Commission from the
Department of Human Services to Utah State University;
▸ changes the membership of the Utah Marriage Commission;
▸ modifies provisions relating to appointment, reappointment, and removal of
commission members;
▸ repeals the sunset date for the marriage license fee, replacing it with a reporting
requirement; and
▸ repeals sunset date provisions related to pre-marriage counseling and education.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
17-16-21
, as last amended by Laws of Utah 2018, Chapter 347
30-1-34
, as last amended by Laws of Utah 2018, Chapter 347
63I-1-217
, as last amended by Laws of Utah 2020, Sixth Special Session, Chapter 18
63I-1-230
, as last amended by Laws of Utah 2020, Chapter 354
63I-1-262
, as last amended by Laws of Utah 2020, Chapters 154, 303, 304, and 358
ENACTS:
63M-14-101
, Utah Code Annotated 1953
63M-14-102
, Utah Code Annotated 1953
63M-14-201
, Utah Code Annotated 1953
63M-14-202
, Utah Code Annotated 1953
63M-14-203
, Utah Code Annotated 1953
63M-14-204
, Utah Code Annotated 1953
63M-14-205
, Utah Code Annotated 1953
63M-14-206
, Utah Code Annotated 1953
REPEALS:
62A-1-120
, as last amended by Laws of Utah 2018, Chapter 347
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 a county officer enumerated in
Section 
17-53-101
 except a county recorder, a county constable, or a county sheriff.
(2) (a) A county officer shall collect, in advance, for exclusive county use and benefit:
(i) a fee established by the county legislative body under Section 
17-53-211
; and
(ii) any other 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
] 
Title 63M, Chapter 14, Utah Marriage Commission
, 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 a fee currently being assessed by the state but
collected by a county officer.
Section 2. Section 
30-1-34
 is amended to read:
30-1-34.
Completion of counseling or education.
(1) The county clerk of a county 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
] 
Title 63M, Chapter 14, Utah Marriage
Commission
, 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 3. 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.
]
[
(2)
] Title 17, Chapter 21a, Part 3, Administration and Standards, which creates the
Utah Electronic Recording Commission, is repealed July 1, 2022.
Section 4. Section 
63I-1-230
 is amended to read:
63I-1-230.
Repeal dates, Title 30.
[
Sections 
30-1-34
 and 
30-1-36
 are repealed July 1, 2023.
]
Section 5. 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) relating to completion of premarital
counseling or education under Section 
30-1-34
 are repealed July 1, 2023.
]
[
(2)
] 
(1)
 Section 
62A-3-209
 is repealed July 1, 2023.
[
(3)
] 
(2)
 Section 
62A-4a-202.9
 is repealed December 31, 2021.
[
(4)
] 
(3)
 Section 
62A-4a-213
 is repealed July 1, 2024.
[
(5)
] 
(4)
 Sections 
62A-5a-101
, 
62A-5a-102
, 
62A-5a-103
, and 
62A-5a-104
, which
create the Coordinating Council for Persons with Disabilities, are repealed July 1, 2022.
[
(6)
] 
(5)
 Section 
62A-15-114
 is repealed December 31, 2021.
[
(7)
] 
(6)
 Subsections 
62A-15-116
(1) and (4), the language that states "In consultation
with the Behavioral Health Crisis Response Commission, established in Section 
63C-18-202
,"
is repealed January 1, 2023.
[
(8)
] 
(7)
 Section 
62A-15-118
 is repealed December 31, 2023.
[
(9)
] 
(8)
 Subsections 
62A-15-605
(3)(h) and (4) relating to the study of long-term needs
for adult beds in the state hospital are repealed July 1, 2022.
[
(10)
] 
(9)
 Section 
62A-15-605
, which creates the Forensic Mental Health Coordinating
Council, is repealed July 1, 2023.
[
(11)
] 
(10)
 Subsections 
62A-15-1100
(1) and 
62A-15-1101
(9), in relation to the Utah
Substance Use and Mental Health Advisory Council, are repealed January 1, 2023.
[
(12)
] 
(11)
 In relation to the Behavioral Health Crisis Response Commission, on July
1, 2023:
(a) Subsections 
62A-15-1301
(2) and 
62A-15-1401
(1) are repealed;
(b) Subsection 
62A-15-1302
(1)(b), the language that states "and in consultation with
the commission" is repealed;
(c) Section 
62A-15-1303
, the language that states "In consultation with the
commission," is repealed;
(d) Subsection 
62A-15-1402
(2)(a), the language that states "With recommendations
from the commission," is repealed; and
(e) Subsection 
62A-15-1702
(6) is repealed.
Section 6. Section 
63M-14-101
 is enacted to read:
CHAPTER 14. UTAH MARRIAGE COMMISSION
Part 1. General Provisions
 63M-14-101.
Title.
This chapter is known as the "Utah Marriage Commission."
Section 7. Section 
63M-14-102
 is enacted to read:
 63M-14-102.
Definitions.
As used in this chapter:
(1) "Commission" means the Utah Marriage Commission created by this chapter.
(2) "Commission leadership" means the commission's elected chair, elected vice chair,
and coordinator.
(3) "Coordinator" means an employee from Utah State University described in Section
63M-14-206
.
Section 8. Section 
63M-14-201
 is enacted to read:
Part 2. Commission
 63M-14-201.
Composition--Appointments--Terms--Removal.
(1) There is created within the governor's office the "Utah Marriage Commission."
(2) The commission comprises at least 10 members but no more than 30 members,
appointed as follows:
(a) the president of the Senate shall appoint two members of the Senate;
(b) the speaker of the House of Representatives shall appoint two members of the
House of Representatives;
(c) the governor, or commission leadership under Section 
63M-14-202
, shall appoint
up to 28 members that:
(i) may come from the following groups:
(A) non-profit organizations or governmental agencies;
(B) social workers who are, or have been, licensed under Title 58, Chapter 60, Part 2,
Social Worker Licensing Act;
(C) psychologists who are, or have been, licensed under Title 58, Chapter 61,
Psychologist Licensing Act;
(D) 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, or Title 58, Chapter 68,
Utah Osteopathic Medical Practice Act;
(E) marriage and family therapists who are, or have been, licensed under Title 58,
Chapter 60, Part 3, Marriage and Family Therapist Licensing Act;
(F) representatives of faith communities;
(G) public health professionals;
(H) representatives of domestic violence prevention organizations;
(I) academics 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;
(J) the general public;
(K) individuals with marketing or public relations experience; and
(L) legal professionals; or
(ii) have skills or expertise the commission requires to fulfill the commission's duties
described in Section 
63M-14-204
.
(3) (a) An individual appointed under Subsection (2)(c) shall serve for a term of four
years.
(b) If approved by the commission, an individual may be appointed for subsequent
terms.
(c) When a vacancy occurs in the membership for any reason, the replacement shall be
appointed by the applicable appointing authority for the remainder of the unexpired term of the
original appointment.
(d) Upon majority vote within commission leadership, commission leadership may
remove a member of the commission if the member is unable to serve.
(e) Commission leadership may appoint as many non-voting members as necessary if
the individuals appointed have skills or expertise related to the commission's duties, described
in Section 
63M-14-204
.
Section 9. Section 
63M-14-202
 is enacted to read:
 63M-14-202.
Appointee replacement.
If a member appointed under Subsection 
63M-14-201
(2)(c) resigns from the
commission, is removed from the commission under Subsection 
63M-14-201
(2)(d), or the
member's term expires, the governor or commission leadership shall appoint a replacement
member within 90 days after the day on which the governor receives notice of the member's
resignation, removal, or term expiration.
Section 10. Section 
63M-14-203
 is enacted to read:
 63M-14-203.
Commission meetings.
(1) The commission shall annually elect a chair and vice chair from the commission's
membership.
(2) The commission shall hold meetings as needed to fulfill the commission's duties.
(3) A meeting may be held on the call of the chair or a majority of the commission
members.
(4) A majority of the voting members of the commission constitute a quorum and, if a
quorum exists, the action of a majority of commission members present constitutes the action
of the commission.
Section 11. Section 
63M-14-204
 is enacted to read:
 63M-14-204.
Commission duties.
The commission shall:
(1) promote coalitions and collaborative efforts to uphold and encourage a strong and
healthy culture of strong and lasting marriages and stable families;
(2) contribute to greater awareness of the importance of marriage in an effort to reduce
divorce and unwed parenthood in the state;
(3) promote public policies that support marriage;
(4) 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:
(a) events;
(b) classes and services, including those designed to promote strong, healthy, and
lasting marriages and prevent domestic violence;
(c) marriage and relationship education conferences for the public and professionals;
and
(d) enrichment seminars;
(5) actively promote measures designed to maintain and strengthen marriage, family,
and the relationships between spouses and parents and children;
(6) 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;
(7) regularly publicize information on premarital counseling and education services
available in the state that comply with Section 
30-1-34
;
(8) approve an online course meeting the requirements of Section 
30-1-34
; and
(9) for purposes of Section 
30-1-34
, recognize one or more national organizations that
certify family life educators.
Section 12. Section 
63M-14-205
 is enacted to read:
 63M-14-205.
Member pay -- Reimbursement.
(1) 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:
(a) Section 
63A-3-106
;
(b) Section 
63A-3-107
; and
(c) rules made by the Division of Finance in accordance with Sections 
63A-3-106
 and
63A-3-107
.
(2) 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.
Section 13. Section 
63M-14-206
 is enacted to read:
 63M-14-206.
Oversight -- Staff support -- Funding.
(1) Utah State University shall:
(a) working in consultation with the commission, hire a coordinator to manage the
day-to-day operations of the commission;
(b) pay the salary of the coordinator and review the coordinator's performance;
(c) provide other staff support for the commission; and
(d) provide office space, furnishings, and supplies to the commission, the coordinator,
and support staff.
(2) Funding for the commission shall be dedicated credits from the $20 marriage
license fee described in Section 
17-16-21
 and added funding sought by the commission from
private contributions and grants that support the duties of the commission described in Section
63M-14-204
.
(3) Before November 1, 2024, and before November 1 of each third year after 2024,
the commission shall provide a written report to the Health and Human Services Interim
Committee regarding the commission's:
(a) initiatives and whether the initiatives could be accomplished by a private
organization; and
(b) funding sources, including the effectiveness and necessity of the marriage license
fee, described in Section 
17-16-21
, in providing commission funding.
Section 14. 
Repealer.
This bill repeals:
Section 
62A-1-120
,
Utah Marriage Commission.