HF 2126 (LSB 5954YH (4) 83)

HOUSE FILE 2126

BY  TJEPKES

A BILL FOR

An Act specifying those authorized to solemnize marriages in this state, and including effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 595.10, subsection 1, Code 2009, is amended to read as follows:
   1.  A judge of the supreme court justice, court of appeals judge, or district court judge, including a district associate judge, associate juvenile judge, or a judicial magistrate, and including a senior judge as defined in section 602.9202, subsection 3, or a retired supreme court justice, a retired court of appeals judge, a retired district court judge, or a retired judicial magistrate.
    Sec. 2.  Section 595.12, Code 2009, is amended to read as follows:
   1.  A judge or magistrate authorized to solemnize a marriage under section 595.10, subsection 1, may charge a reasonable fee for officiating and making return for each marriage solemnized at a time other than regular judicial working hours. In addition the judge or magistrate may charge the parties to the marriage for expenses incurred in solemnizing the marriage. No A judge or magistrate shall make any not charge for solemnizing a marriage during regular judicial working hours. The supreme court shall adopt rules prescribing the maximum fee and expenses that the judge or magistrate may charge.
   2.  A minister An individual authorized to solemnize a marriage under section 595.10, subsection 2, may charge a reasonable fee for each marriage solemnization and making return in an amount agreed to by the parties.
    Sec. 3.  Section 595.13, Code 2009, is amended to read as follows:

   After the marriage has been solemnized, the officiating minister or magistrate individual authorized to solemnize a marriage under section 595.10 shall attest to the marriage on the blank provided for that purpose and return the certificate of marriage within fifteen days to the county registrar who issued the marriage license.
    Sec. 4.  Section 595.16, Code 2009, is amended to read as follows:

   When a marriage is consummated without the services of a cleric or magistrate an individual authorized to solemnize a marriage under section 595.10, the required return of the marriage may be made to the county registrar by either spouse.
    Sec. 5.  EFFECTIVE UPON ENACTMENT.  This Act, being deemed of immediate importance, takes effect upon enactment.
EXPLANATION
   This bill authorizes, in addition to those judges already authorized to solemnize marriage, retired supreme court justices, retired court of appeals judges, retired district court judges, and retired judicial magistrates to solemnize marriages in this state. The bill also makes corrective changes in provisions of Code chapter 595 (marriage) relating to those who currently are authorized to solemnize marriages.