05 LC 29
1660
House
Bill 378
By:
Representatives Fleming of the
117th,
May of the
111th,
Loudermilk of the
14th,
Hatfield of the
177th,
and Willard of the
49th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 3 of Chapter 9 of Title 15 of the Official Code of Georgia
Annotated, relating to probate court costs and compensation, and Chapter 3 of
Title 19 of the Official Code of Georgia Annotated, relating to marriage
generally, so as to provide for premarital education; to provide for financial
incentive to invest in premarital education; to provide for matters relative to
the additional fee for certain marriage license applications; to provide for the
requirements and elements of premarital education programs; to change provisions
relating to the contents of the application for a marriage license; to provide
for related matters; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
3 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating
to probate court costs and compensation, is amended by striking paragraph (14)
of subsection (k) of Code Section 15-9-60, relating to costs, and inserting new
paragraphs (14) and (14.1) to read as follows:
|
"(14)
Application for marriage license
if the
applicants have completed premarital education pursuant to Code Section
19-3-30.1
|
10.00
|
|
(14.1)
Application for a marriage license if the applicants have not completed
premarital education pursuant to Code Section 19-3-30.1
|
50.00"
|
SECTION
2.
Said
article is further amended by adding a new Code section to follow Code Section
15-9-60.1, relating to additional marriage license fee for
Childreńs
Trust Fund, to read as follows:
"15-9-60.2.
When
an applicant is required to pay the marriage application fee as set forth
paragraph (14.1) of subsection (k) of Code Section 15-9-60, the difference in
the amount paid pursuant to paragraph (14) of subsection (k) of Code Section
15-9-60 and the amount paid pursuant to paragraph (14.1) of subsection (k) of
Code Section 15-9-60 shall not be paid into the Judges of the Probate Courts
Retirement Fund of Georgia provided for in Chapter 11 of Title 47 or be used for
the purpose of calculating retirement benefits for judges of the probate
courts."
SECTION
3.
Chapter
3 of Title 19 of the Official Code of Georgia Annotated, relating to marriage
generally, is amended by adding a new Code section to read as
follows:
"19-3-30.1.
(a)
In applying for a marriage license, a man and woman who certify on the
application for a marriage license that they have successfully completed a
qualifying premarital education program shall be charged the fee set forth in
paragraph (14) of subsection (k) of Code Section 15-9-60. In order to qualify
for this fee schedule, the premarital education shall include at least six hours
of instruction involving marital issues, which may include but not be limited to
conflict management, communication skills, financial responsibilities, child and
parenting responsibilities, and extended family roles. The premarital education
shall be completed within 12 months prior to the application for a marriage
license and the couple shall undergo the premarital education together. The
premarital education shall be performed by:
(1)
A professional counselor, social worker, or marriage and family therapist who is
licensed pursuant to Chapter 10A of Title 43;
(2)
A psychiatrist who is licensed as a physician pursuant to Chapter 34 of Title
43;
(3)
A psychologist who is licensed pursuant to Chapter 39 of Title 43;
or
(4)
An active member of the clergy when in the course of his or her service as
clergy or his or her designee, including retired clergy, provided that a
designee is trained and skilled in premarital education.
(b)
Each premarital education provider shall furnish each participant who completes
the premarital education required by this Code section a certificate of
completion."
SECTION
4.
Said
chapter is further amended by striking subsection (a) of Code Section 19-3-33,
relating to the application for the marriage license and its contents, and
inserting in lieu thereof the following:
"(a)
A marriage license shall be issued on written application therefor, made by the
persons seeking the license, verified by oath of the applicants. The application
shall state that there is no legal impediment to the marriage and shall give the
full present name of the proposed husband and the full present name of the
proposed wife with their dates of birth, their present addresses, and the names
of the father and mother of each, if known. If the names of the father or mother
of either are unknown, the application shall so state.
The
application shall state that the persons seeking the license have or have not
completed premarital education pursuant to Code Section 19-3-30.1. If the
application states that the applicants seeking issuance of the license have
completed premarital education, then the applicants shall submit a signed and
dated certificate of completion issued by the premarital education
provider."
SECTION
5.
All
laws and parts of laws in conflict with this Act are repealed.