To read the summary on line, go to:
http://www.legislature.state.tn.us/bills/currentga/BILL/SB0899.pdf
But there, it's just like it is here posted below, all in one big
unpunctuated paragraph.
To read news analysis of the legislation as it was
proposed in 2001 and
news story of how it was working in one county a month after
implementation, click here:
Tennessee Marriage Education Legislation: Senate bill 0899
by *Harper, *Fowler, *Haynes, *Trail. (HB1334 by *Patton,
*Walker ,
*Black, *Boyer, *Dunn, *Clem, *Odom, *Kernell, *Turner (Dav),
*Bowers,
*Buck, *Turner (Ham), *Overbey, *Arriola, *Hood, *Jones, S.,
*Caldwell,
*Bone, *Hagood.)
Marriage - Imposes additional fee of $62.50 for obtaining
marriage license; exempts out-of-state residents and persons who
complete
premarital preparation course from payment of $60.00 of such
fee.
- Amends TCA Title 36, Chapter 6, Part 4. Fiscal Summary for
SB0899 Minimal
Bill Summary for *SB0899 / HB1334 ON JUNE 26, 2001, THE SENATE
ADOPTED
AMENDMENTS #3, 4 AND 6 AND RESET SENATE BILL 899, AS AMENDED.
AMENDMENT #3
rewrites this bill.
Present law requires parents that are parties to legal
actions
where a permanent parenting plan will be entered to attend a
parent
educational seminar. Present law also authorizes the use of
mediation in
child custody cases. The courts are authorized to assign the costs
for
parent educational seminars in an equitable manner and to assign
mediation
costs as discretionary costs of the legal action. In the case of
indigent
persons the costs for seminars and mediation are based upon a
sliding scale
and any federal, state or local funds may be used to pay such
costs. Prior
to January 1, 2001, county clerks, excepting Davidson County, were
required
to collect a $10.00 fee for all marriage licenses to defray the
cost of
parenting seminars and mediation. Under present law there is a
divorcing
parent education and mediation fund but county clerks are no longer
required
to collect the $10.00 fee for marriage licenses. This amendment
would
require county clerks to collect an additional $62.50 for a
marriage
license. This amendment would exempt marriage license applicants
from
payment of $60.00 of that amount if both applicants provide the
county clerk
with either: (1) An affidavit or valid driver's license
establishing that
they are not Tennessee residents; or (2) A valid and timely
certificate of
completion of a premarital course (discussed below). The county
clerk would
receive $2.50 of the above fee to pay for the services provided
under this
amendment. The remaining $60.00 would be paid to the state
treasurer, to be
divided as follows: (1) $28.50 would be directed to the
administrative
office of the courts to fund the parenting plan requirements under
this
amendment, through the divorcing parent education and mediation
fund; (2)
$15.00 would be directed to the department of children's services
for child
abuse prevention services; (3) $15.00 would be directed to the
office of
criminal justice programs for domestic violence services (which
would be in
addition to the privilege tax on marriage licenses); and (4) $1.50
would be
directed to the Tennessee Commission on National and Community
Service to
build the capacity of the statewide nonprofit community that offers
services
to families and children. This amendment would utilize funds in
the
divorcing parent education and mediation fund for parenting
plan
requirements, including: (1) Statewide parenting plan coordination;
(2)
Creation of a grant process for parenting plan coordinators to
serve local
courts with divorce jurisdiction; (3) Costs of court-ordered
mediation; (4)
Parenting education programs; and (5) Any related services to
resolve family
conflict in divorce and post-divorce matters. The clerks of court
with
divorce jurisdiction, or two or more clerks within a county or
judicial
district acting jointly could apply to the administrative office of
the
courts for funding of local parenting plan coordinators. A local
planning
coordinator could be a full or part-time employee or contractor. In
awarding
such grants, the administrative office of the courts would consider
divorce
caseloads within the jurisdiction to be served, availability of
funds, and
the desirability of providing each judicial district with access to
an
appropriate level of funding for parenting plan coordination. By
August 1,
2001, the administrative office of the courts would make funds
available for
local parenting plan coordinators, costs of court-ordered
mediation,
parenting education programs, and any related services to resolve
family
conflict in divorce and post-divorce matters. The local parenting
plan
coordinators would be responsible for: (1) Assisting parents with
completion
of the parenting plan requirements and locating parenting
education
providers and mediators; (2) Assisting the court with tracking
the
attendance of parents at education seminars and mediations, and
determining
the filing of necessary papers to complete the divorce or
post-divorce
process; and (3) Any other duties necessary for the implementation
of
parenting requirements. This amendment would exempt couples that
complete a
premarital preparation course from the additional $60.00 marriage
license
fee. Such a course would consist of at least four hours of
instruction, and
would be completed no more than one year prior to applying for a
marriage
license. A couple would have to present certificates of completion
from an
authorized provider to the clerk in order to be exempt from the
fee. This
amendment would limit persons authorized to offer premarital
preparation
courses to the following: (1) Psychologists; (2) Clinical social
workers;
(3) Licensed marital and family therapists; (4) Clinical
pastoral
therapists; (5) Professional counselors; (6) Psychological
examiners; (7)
Official representatives of religious institutions; and (8) Any
other
provider approved by a judicial district. Finally, this amendment
would
authorize county clerks to charge up to fifty cents per page for
copying
parenting plan documents. AMENDMENT #4 exempts Blount and Sevier
Counties
from this bill and adds a severability clause. AMENDMENT #6
requires the
administrative office of the courts to report on the effectiveness
of this
bill, and the impact of the fees imposed by this bill in
particular, to the
commission on children and youth, the house children and family
affairs
committee and the senate general welfare, health and human
resources
committee within two years. This amendment would require such
report to
include a comparison of the marriage and divorce rates at the time
of the
bill's passage and at yearly intervals thereafter, and would permit
the
administrative office of the courts to request and receive
necessary data
from appropriate state departments and agencies.
ON JUNE 28, 2001, THE
SENATE FURTHER CONSIDERED SENATE BILL 899, AS AMENDED BY AMENDMENTS
#3, 4
AND 6, AND PASSED SENATE BILL 899 AS AMENDED.
ON JUNE 28, 2002, THE HOUSE
SUBSTITUTED SENATE BILL 899 FOR HOUSE BILL 1334, ADOPTED AMENDMENT
#2, AND
PASSED SENATE BILL 899, AS AMENDED.
AMENDMENT #2 revises the provisions of
Senate Amendment #3 whereby $60.00 of the $62.50 marriage license
fee is to
be divided among certain entities so that the division would be as
follows:
(1) $7.00 would go to the AOC (for the purpose stated in Senate
Amendment
#3, except this amendment deletes the specific reference to the
creation of
parenting plan coordinators to service judicial districts); (2)
$15.00 would
go to the department of children's services (for the purposes
stated in
Senate Amendment #3); (3) $7.50 would go to the office of criminal
justice
(for the purpose stated in Senate Amendment #3); (4) $20.50 would
go to the
Tennessee disability coalition to build the capacity of the
statewide
disability community to offer services to families and children
with
disabilities; (5) $1.25 would go to CASA; (6) $4.00 would go to
the
department of education for grants to boys and girls clubs in each
grand
division to defray the expense of the clubs implementing the
"project learn"
after-school program; (7) $3.00 would go to the state chapter of
the
national association of social workers for education,
information,
publications, and capacity building efforts; and (8) $1.75 would go
to the
Weems Academy for foster care children. This amendment removes all
of the
provisions regarding local parenting plan coordinators. This
amendment
removes the provisions requiring, by August 1, 2001, the AOC to
make funds
available for, among other things, local parenting plan
coordinators, costs
of court-ordered, and mediation, and imposing other
responsibilities on
local parenting plan coordinators. This amendment specifies that
the AOC
would not be obligated to make grants to judicial districts except
with
funds specifically appropriated for such purpose. This amendment
also
removes the provisions added by Senate Amendments #4 and 6.
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