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HOUSE BILL No. 1248

Citations Affected: IC 12-8; IC 31-11; IC 33-32-5-1.

Synopsis: Premarital preparation course and fee reduction. Establishes a $10 fee for a marriage license and a marriage certificate if the individuals have completed a premarital preparation course that meets certain requirements. Increases the fee for a marriage license for individuals who have not completed a premarital preparation course from $10 to $40. Increases the fee for a marriage certificate for Indiana residents who have not completed a premarital preparation course from $8 to $32. Establishes a marriage certificate fee of $8 for Indiana residents who complete a premarital preparation course. Establishes requirements for the premarital preparation course. Requires an individual who is less than 18 years of age to complete a premarital preparation course before the individual may marry. Requires the office of the secretary of family and social services to review and approve research based marriage and relationship curricula for certain purposes. Establishes the healthy marriages fund to provide financial assistance to low income individuals for the cost of completing a premarital preparation course. Requires the office of the secretary of family and social services to administer the fund. Continually appropriates money in the fund.

Effective: July 1, 2011.

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Noe

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    January 12, 2011, read first time and referred to Committee on Family, Children and Human Affairs.

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PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2010 Regular Session of the General Assembly.

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    A BILL FOR AN ACT to amend the Indiana Code concerning family law and juvenile law and to make an appropriation.

SOURCE: IC 12-8-1-17; (11)IN1248.1.1. -->     SECTION 1. IC 12-8-1-17 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 17. (a) The office of the secretary shall review research based marriage and relationship curricula for purposes of IC 31-11-4.5-2(3)(F) and approve curricula that meets the criteria established by the office of the secretary.
     (b) The office of the secretary may use, as a reference, A Guide to Low-Cost Curricula and Resources: Marriage and Relationship, Fatherhood and Parenting, and Financial Education developed by the United States Department of Health and Human Services in approving curricula under this section.

SOURCE: IC 12-8-15; (11)IN1248.1.2. -->     SECTION 2. IC 12-8-15 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]:
     Chapter. 15. The Healthy Marriages Fund
    Sec. 1. (a) The healthy marriages fund is established to provide financial assistance to low income individuals for the cost of

completing a premarital preparation course that meets the requirements of IC 31-11-4.5. The fund shall be administered by the office of the secretary.
     (b) The expenses of administering the fund shall be paid from money in the fund.
    (c) The fund consists of the following:
        (1) Amounts deposited under IC 33-32-5-1(a).
         (2) Appropriations made by the general assembly.
        (3) Any other public or private source.
     (d) The treasurer of state shall invest the money in the fund not currently needed to meet the obligations of the fund in the same manner as other public money may be invested. Interest that accrues from these investments shall be deposited in the fund.
    (e) Money in the fund at the end of a state fiscal year does not revert to the state general fund.
    (f) All money accruing to the fund is continually appropriated to the office of the secretary for purposes of this chapter.
    Sec. 2. The office of the secretary shall establish the eligibility standards required to receive financial assistance under this chapter.
    Sec. 3. The office of the secretary may adopt rules under IC 4-22-2 necessary to implement this chapter.

SOURCE: IC 31-11-1-5; (11)IN1248.1.3. -->     SECTION 3. IC 31-11-1-5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 5. Two (2) individuals may marry each other if:
        (1) both individuals are at least seventeen (17) years of age;
        (2) each individual who is less than eighteen (18) years of age:
             (A) receives the consent required by IC 31-11-2; and
             (B) completes a premarital preparation course that meets the requirements of IC 31-11-4.5; and
        (3) the individuals are not prohibited from marrying each other for a reason set forth in this article.

SOURCE: IC 31-11-1-6; (11)IN1248.1.4. -->     SECTION 4. IC 31-11-1-6 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 6. (a) Two (2) individuals may marry each other if:
        (1) the individuals are not prohibited from marrying for a reason set forth in this article; and
        (2) a circuit or superior court of the county of residence of either individual considers the information required to be submitted by subsection (b) and authorizes the clerk of the circuit court to issue the individuals a marriage license.
    (b) A court may not authorize the clerk of the circuit court to issue

a marriage license under subsection (a) unless:
        (1) the individuals have filed with the court a verified petition that includes allegations that:
            (A) the female is at least fifteen (15) years of age;
            (B) the female is pregnant or is a mother;
            (C) each of the individuals who is less than eighteen (18) years of age has:
                 (i) received the consent required by IC 31-11-2; and
                (ii) completed a premarital preparation course that meets the requirements of IC 31-11-4.5;
            (D) the male is at least fifteen (15) years of age and is either:
                (i) the putative father of the expected child of the female; or
                (ii) the father of the female's child; and
            (E) the individuals desire to marry each other;
        (2) the court has provided notice of the hearing required by this section to both parents of both petitioners or, if applicable to either petitioner:
            (A) to the legally appointed guardian or custodian of a petitioner; or
            (B) to one (1) parent of a petitioner if the other parent:
                (i) is deceased;
                (ii) has abandoned the petitioner;
                (iii) is mentally incompetent;
                (iv) is an individual whose whereabouts is unknown; or
                (v) is a noncustodial parent who is delinquent in the payment of court ordered child support on the date the petition is filed;
        (3) a hearing is held on the petition in which the petitioners and interested persons, including parents, guardians, and custodians, are given an opportunity to appear and present evidence; and
        (4) the allegations of the petition filed under subdivision (1) have been proven.
    (c) A court's authorization granted under subsection (a):
        (1) constitutes part of the confidential files of the clerk of the circuit court; and
        (2) may be inspected only by written permission of a circuit, superior, or juvenile court.

SOURCE: IC 31-11-2-1; (11)IN1248.1.5. -->     SECTION 5. IC 31-11-2-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 1. Except as provided in section 3 of this chapter, each individual who is less than eighteen (18) years of age must satisfy the following requirements before the individual may marry:

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        (1) Obtain consent under this chapter. before the individual may marry.
         (2) Complete a premarital preparation course that meets the requirements of IC 31-11-4.5.

SOURCE: IC 31-11-2-3; (11)IN1248.1.6. -->     SECTION 6. IC 31-11-2-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 3. (a) An individual who is less than eighteen (18) years of age may marry if:
        (1) the individual petitions the judge of the circuit or superior court of a county that is:
            (A) the county of residence of the individual or the county of residence of the individual that the individual intends to marry; or
            (B) a county that adjoins a county described in clause (A);
        (2) the judge of the circuit or superior court directs the clerk of the circuit court to issue the individuals who intend to marry each other a license to marry without obtaining the consent required by section 1 of this chapter; and
         (3) the individual has completed a premarital preparation course that meets the requirements of IC 31-11-4.5; and
        (3) (4) the individual is not prohibited from marrying for a reason set forth in IC 31-11-1.
    (b) The petition made under subsection (a)(1) may be made in writing or orally. The judge of the court may conduct investigations and hold hearings on the petition. The judge may, by written order, direct the clerk of the circuit court to issue a marriage license under subsection (a)(2) if the judge:
        (1) considers the facts relevant to the issue presented by the petition;
        (2) finds that good and sufficient reason for the order has been shown; and
        (3) finds that the order is in the best interest of all persons concerned with the issues raised in the petition.

SOURCE: IC 31-11-4-8; (11)IN1248.1.7. -->     SECTION 7. IC 31-11-4-8 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 8. (a) If a written consent is required by IC 31-11-2, a clerk of a circuit court may not receive an application for a marriage license unless:
        (1) the clerk has filed the consent form in the clerk's office; and
        (2) the clerk has entered a notice of the filing on the marriage license docket.
     (b) If completion of a premarital preparation course is required under IC 31-11-2, a clerk of a circuit court may not receive an application for a marriage license unless a certificate of completion

described under IC 31-11-4.5-4 is filed with the application.

SOURCE: IC 31-11-4.5; (11)IN1248.1.8. -->     SECTION 8. IC 31-11-4.5 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]:
     Chapter 4.5. Fee Reduction for Completing Premarital Preparation Course
    Sec. 1. (a) Two (2) individuals who:
        (1) apply for a marriage license;
        (2) complete a premarital preparation course that meets the requirements of this chapter; and
        (3) furnish the certificate of completion to the clerk of the circuit court as required under section 5 of this chapter;
are eligible for a reduced fee for a marriage license and a marriage certificate as provided under IC 33-32-5-1.
    (b) The individuals who intend to marry may complete a premarital preparation course that meets the requirements of this chapter together or separately to qualify for the reduced fee as provided under subsection (a). However, both of the individuals who intend to marry must complete the premarital preparation course to qualify for the reduced fee as provided under subsection (a).
     Sec. 2. A premarital preparation course must include the following:
        (1) At least eight (8) hours of instruction.
        (2) Instruction:
            (A) in conflict management;
            (B) in communication skills;
            (C) in problem solving and goal setting;
            (D) in financial responsibilities;
            (E) in children and parenting responsibilities; and
            (F) concerning data compiled from available information relating to problems reported by married couples who seek marital or individual counseling.
        (3) Instruction by one (1) or more of the following:
             (A) A psychologist licensed under IC 25-33.
            (B) A clinical social worker licensed under IC 25-23.6-5.
             (C) A marriage and family therapist licensed under IC 25-23.6-8.
            (D) A mental health counselor licensed under IC 25-23.6-8.5.
            (E) A rabbi, priest, Christian Science practitioner, minister, or other member of the clergy who has had

relevant training.
             (F) A person who has completed training by the author of research based marriage and relationship curricula that is approved by the office of the secretary of family and social services under IC 12-8-1-17.
     Sec. 3. A premarital preparation course may be provided through:
        (1) personal instruction;
        (2) videotape instruction;
        (3) instruction through other electronic means; or
        (4) any combination of instruction described in subdivisions (1) through (3).
     Sec. 4. (a) A premarital preparation course must include a certificate of completion for each individual who completes the premarital preparation course.
    (b) A certificate of completion must include the following:
        (1) The name of the individual who completed the premarital preparation course.
        (2) Information as to whether the premarital preparation course was provided through:
            (A) personal instruction;
            (B) videotape instruction;
            (C) instruction through other electronic means; or
            (D) any combination of instruction described in clauses (A) through (C).
     (c) The certificate of completion must be attached to an affidavit that includes the following:
        (1) A statement by the person who provided the premarital preparation course attesting to the person's compliance with the premarital preparation course requirements set forth in this chapter.
         (2) The name and qualifications of the instructor of the premarital preparation course.
        (3) The address of the person described in subdivision (1).
     Sec. 5. To be eligible for the reduced fee as provided under section 1(a) of this chapter, each individual who intends to marry shall furnish a certificate of completion to the clerk of the circuit court at the time the individuals apply for a marriage license.

SOURCE: IC 33-32-5-1; (11)IN1248.1.9. -->     SECTION 9. IC 33-32-5-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 1. (a) For issuing a marriage license under IC 31-11-4, the clerk shall collect a fee of the following fees:

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         (1) Ten dollars ($10) if the individuals to whom the license is being issued completed a premarital preparation course in accordance with IC 31-11-4.5.
         (2) Forty dollars ($40) if the individuals to whom the license is being issued have not completed a premarital preparation course in accordance with IC 31-11-4.5.
The clerk shall pay these fees ten dollars ($10) of each marriage license fee collected to the treasurer of state, who shall deposit the money in the state user fee fund established by IC 33-37-9-2. The clerk shall pay any remaining money collected for each marriage license to the healthy marriages fund established by IC 12-8-15-1.
    (b) For issuing a marriage certificate under IC 31-11-4, the clerk shall collect the following fee:
        (1) Eight dollars ($8), if:
             (A) at least one (1) of the individuals is a resident of Indiana; and
            (B) the individuals to whom the certificate is being issued completed a premarital preparation course in accordance with IC 31-11-4.5.
        (2) Thirty-two dollars ($32) if:
            (A) at least one (1) of the individuals is a resident of Indiana; and
            (B) the individuals to whom the certificate is being issued have not completed a premarital preparation course in accordance with IC 31-11-4.5.
        (2) (3) Fifty dollars ($50), if neither of the individuals is a resident of Indiana.
When collected, these fees shall be deposited in the general fund of the county.