House File 2479 - Introduced
HOUSE FILE
BY ALONS, DE BOEF, RAYHONS,
CHAMBERS, WINDSCHITL, WORTHAN,
SODERBERG, FORRISTALL, L. MILLER,
HORBACH, S. OLSON, SANDS, MERTZ,
VAN ENGELENHOVEN, PETTENGILL,
and HEATON
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to requirements for marriage and providing a
2 penalty.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 5155YH 82
5 pf/nh/5
PAG LIN
1 1 Section 1. Section 595.4, Code 2007, is amended to read as
1 2 follows:
1 3 595.4 AGE AND QUALIFICATION == RESIDENCY == VERIFIED
1 4 APPLICATION == WAITING PERIOD == EXCEPTION.
1 5 1. a. Previous to the issuance of any license to marry,
1 6 the parties desiring the license shall sign and file a
1 7 verified application with the county registrar which
1 8 application either may be mailed to the parties at their
1 9 request or may be signed by them at the office of the county
1 10 registrar in the county in which the license is to be issued.
1 11 b. The application shall include the social security
1 12 number of each applicant and shall set forth at least one
1 13 affidavit of some competent and disinterested person stating
1 14 the facts as to age and qualification of the parties.
1 15 c. The application shall also include a statement by the
1 16 parties under penalty of perjury, specifying one of the
1 17 following:
1 18 (1) If either party resides in the state, the county in
1 19 which the party resides and the length of such residence in
1 20 the state and that the maintenance of the residence in the
1 21 state has been in good faith and not for the primary purpose
1 22 of obtaining a license to marry in this state.
1 23 (2) If neither party resides in the state, the state or
1 24 other jurisdiction of residence of each party, and whether the
1 25 parties intend to reside in this state following their
1 26 marriage or intend to continue to reside in another state or
1 27 other jurisdiction following their marriage.
1 28 d. Upon the filing of the application for a license to
1 29 marry, the county registrar shall file the application in a
1 30 record kept for that purpose and shall take all necessary
1 31 steps to ensure the confidentiality of the social security
1 32 number of each applicant.
1 33 e. All information included on an application may be
1 34 provided as mutually agreed upon by the division of records
1 35 and statistics and the child support recovery unit, including
2 1 by automated exchange.
2 2 2. Upon receipt of a verified application, the county
2 3 registrar may issue the license which shall not become valid
2 4 until the expiration of three days after the date of issuance
2 5 of the license. If the license has not been issued within six
2 6 months from the date of the application, the application is
2 7 void.
2 8 3. A license to marry may be validated prior to the
2 9 expiration of three days from the date of issuance of the
2 10 license in cases of emergency or extraordinary circumstances.
2 11 An order authorizing the validation of a license may be
2 12 granted by a judge of the district court under conditions of
2 13 emergency or extraordinary circumstances upon application of
2 14 the parties filed with the county registrar. No order may be
2 15 granted unless the parties have filed an application for a
2 16 marriage license in a county within the judicial district. An
2 17 application for an order shall be made on forms furnished by
2 18 the county registrar at the same time the application for the
2 19 license to marry is made. After examining the application for
2 20 the marriage license and issuing the license, the county
2 21 registrar shall refer the parties to a judge of the district
2 22 court for action on the application for an order authorizing
2 23 the validation of a marriage license prior to expiration of
2 24 three days from the date of issuance of the license. The
2 25 judge shall, if satisfied as to the existence of an emergency
2 26 or extraordinary circumstances, grant an order authorizing the
2 27 validation of a license to marry prior to the expiration of
2 28 three days from the date of issuance of the license to marry.
2 29 The county registrar shall validate a license to marry upon
2 30 presentation by the parties of the order authorizing a license
2 31 to be validated. A fee of five dollars shall be paid to the
2 32 county registrar at the time the application for the order is
2 33 made, which fee is in addition to the fee prescribed by law
2 34 for the issuance of a marriage license.
2 35 Sec. 2. Section 595.9, Code 2007, is amended to read as
3 1 follows:
3 2 595.9 VIOLATIONS == PERJURY.
3 3 1. If a marriage is solemnized without procuring a
3 4 license, the parties married, and all persons aiding them, are
3 5 guilty of a simple misdemeanor.
3 6 2. If a party knowingly makes a false statement in an
3 7 application for marriage regarding the residency of the
3 8 parties, the parties married are guilty of perjury and shall
3 9 be punished as provided in section 720.2.
3 10 Sec. 3. NEW SECTION. 595.21 NONRESIDENTS == MARRIAGE
3 11 CONTRARY TO LAWS OF STATE OF RESIDENCE.
3 12 A marriage which is contracted in this state by a party
3 13 residing and intending to continue to reside in another
3 14 jurisdiction:
3 15 1. Is valid if such marriage would be valid if contracted
3 16 in the other jurisdiction.
3 17 2. Is void if such marriage would not be valid if
3 18 contracted in the other jurisdiction.
3 19 EXPLANATION
3 20 This bill relates to marriages in the state of Iowa.
3 21 The bill requires that an application for marriage include
3 22 a statement by the parties specifying one of the following:
3 23 if either party resides in the state, the county in which the
3 24 party resides and the length of such residence in the state
3 25 and that the maintenance of the residence in the state has
3 26 been in good faith and not for the sole purpose of obtaining a
3 27 license to marry in this state; or if neither party resides in
3 28 the state, the state or other jurisdiction of residence of
3 29 each party, and whether the parties intend to reside in this
3 30 state following their marriage or intend to continue to reside
3 31 in another state or other jurisdiction following their
3 32 marriage.
3 33 The bill also provides that if a party knowingly makes a
3 34 false statement in an application for marriage, the parties
3 35 married are guilty of perjury, which is a class "D" felony,
4 1 and is punishable by confinement for no more than five years
4 2 and a fine of at least $750 but not more than $7,500.
4 3 The bill also includes provisions relating to a marriage
4 4 contracted in this state by a party residing in another
4 5 jurisdiction. The bill provides that such a marriage is valid
4 6 if such marriage would be valid if contracted in the other
4 7 jurisdiction and is void if such marriage would not be valid
4 8 if contracted in the other jurisdiction.
4 9 LSB 5155YH 82
4 10 pf/nh/5.3