H.F. 664 DIVISION I 1 ELEVATED MARRIAGE 2 Section 1. NEW SECTION . 595A.1 Title. 3 This chapter shall be known and may be cited as the “Elevated 4 Marriage Act” . 5 Sec. 2. NEW SECTION . 595A.2 Definitions. 6 As used in this chapter, unless the context otherwise 7 requires: 8 1. “Authorized counseling” means marital counseling provided 9 by a licensed or ordained minister, or the minister’s designee, 10 a person authorized to solemnize marriages under section 11 595.10, or a licensed marital and family therapist as defined 12 in section 154D.1. 13 2. “Legal separation” means a judicial proceeding resulting 14 in a court determination that the married parties live apart 15 from each other while remaining married. 16 Sec. 3. NEW SECTION . 595A.3 Elevated marriage —— 17 eligibility —— conditions to create. 18 An elevated marriage may be entered into only by one man 19 and one woman who comply with the age requirements pursuant to 20 section 595.2 and who meet all of the following conditions: 21 1. Agree that the marriage between them is a lifelong 22 relationship. 23 2. Receive authorized counseling emphasizing the nature, 24 purposes, and responsibilities of marriage. 25 3. File a declaration of intent and the required attachments 26 with the county registrar pursuant to section 595A.4. 27 Sec. 4. NEW SECTION . 595A.4 Declaration of intent. 28 1. The parties to an elevated marriage shall complete a 29 declaration of intent to enter into an elevated marriage that 30 includes a recitation to the following effect: 31 “We (names of both parties) do solemnly declare that a 32 marriage is a commitment between a man and a woman who agree 33 to live together as husband and wife for as long as they 34 both live. We have chosen each other carefully and have 35 -1- LSB 2540YH (8) 88 pf/rh 1/ 11

H.F. 664 disclosed to one another everything which could adversely 1 affect the decision to enter into this marriage. We have 2 received the authorized counseling on the nature, purposes, and 3 responsibilities of marriage. We have read the Iowa Elevated 4 Marriage Act and the informational pamphlet and we understand 5 that a marriage is intended to be for life, for better or 6 worse, for richer or poorer, in sickness and in health. If 7 we experience marital difficulties, we commit ourselves 8 to take all reasonable efforts to preserve our marriage, 9 including marital counseling. With full knowledge of what 10 this commitment means, we declare that our marriage will be 11 bound by the Iowa Elevated Marriage Act standards of marriage 12 commitment, and we affirm that we will love, honor, and care 13 for one another as husband and wife for the rest of our lives.” 14 2. The declaration of intent filed with the county registrar 15 shall be accompanied by all of the following attachments: 16 a. An affidavit by the parties that they have received 17 authorized counseling that included a discussion of the 18 seriousness of marriage, communication of the fact that 19 marriage is a commitment for life between a man and a woman, 20 a discussion of the obligation to seek marital counseling in 21 times of marital difficulty, and a discussion of the exclusive 22 grounds for elevated marriage dissolution. 23 b. An attestation signed by the person who provided the 24 authorized counseling confirming that the parties received 25 authorized counseling as to the nature and purpose of marriage, 26 the grounds for dissolution of an elevated marriage, and an 27 acknowledgment that the person who provided the counseling 28 provided the parties with the informational pamphlet developed 29 pursuant to section 595A.6. 30 3. The declaration of intent and the required attachments 31 shall be prepared in duplicate originals, one of which shall be 32 retained by the parties and the other of which shall be filed 33 with the county registrar of the county in which the parties 34 applied for a license to marry. 35 -2- LSB 2540YH (8) 88 pf/rh 2/ 11

H.F. 664 Sec. 5. NEW SECTION . 595A.5 Redesignation of existing 1 marriage as an elevated marriage. 2 Married parties may redesignate their marriage as an 3 elevated marriage by executing and filing with the county 4 recorder in the county in which the parties reside a 5 declaration of intent and the required attachments as specified 6 in section 595A.4. The county recorder shall make a notation 7 on the declaration of intent to redesignate the marriage as an 8 elevated marriage identifying the source of issuance of the 9 original marriage license of the parties. 10 Sec. 6. NEW SECTION . 595A.6 Informational pamphlet. 11 The office of the attorney general shall develop an 12 informational pamphlet entitled “Elevated Marriage Act” that 13 outlines in sufficient detail the requirements for entering 14 into an elevated marriage or redesignating an existing marriage 15 as an elevated marriage, the implications of entering into 16 an elevated marriage, and the legal differences between 17 an elevated marriage and a marriage entered into pursuant 18 to chapter 595. The informational pamphlet shall be made 19 available to all offices of the county registrar and to all 20 persons who provide authorized counseling under this chapter. 21 Sec. 7. NEW SECTION . 595A.7 Dissolution of elevated 22 marriage —— exclusive grounds if welfare of minor child involved 23 —— process. 24 1. Subsequent to the parties obtaining authorized 25 counseling, a party to an elevated marriage which does not 26 involve the welfare of a minor child may obtain a dissolution 27 of marriage in accordance with chapter 598. 28 2. Notwithstanding any other provision of law to the 29 contrary, and subsequent to the parties obtaining authorized 30 counseling, a party to an elevated marriage involving the 31 welfare of a minor child may obtain a dissolution of marriage 32 only upon proof of any of the following: 33 a. The other party committed adultery. 34 b. The other party committed a felony and has been sentenced 35 -3- LSB 2540YH (8) 88 pf/rh 3/ 11

H.F. 664 to imprisonment. 1 c. The other party has physically or sexually abused the 2 party seeking the dissolution or a child of either of the 3 parties. 4 d. The parties have been living separate and apart 5 continuously without reconciliation for a period of at least 6 two years. 7 3. a. Notwithstanding any other provision of law to the 8 contrary, a dissolution of marriage sought by the parties to 9 an elevated marriage involving the welfare of a child, shall 10 require the parties to participate in mediation in accordance 11 with chapter 679C to reach agreement. 12 b. The district court shall order the parties to participate 13 in mediation, which shall include attendance at any mediation 14 session with the mediator and the parties to the action, 15 listening to the mediator’s explanation of the mediation 16 process, presentation of one party’s view of the case, and 17 listening to the response of the other party. 18 c. The parties may choose the mediator, or the court shall 19 appoint a mediator. A court-appointed mediator shall meet the 20 qualifications established by the supreme court. 21 d. (1) The mediation agreement shall provide for joint 22 physical care of any minor child of the parties, unless the 23 mediator determines that joint physical care is not in the best 24 interest of the child. If the mediator determines that joint 25 physical care is not in the best interest of the child, the 26 determination shall be accompanied by specific findings of fact 27 and conclusions of law that the awarding of joint physical care 28 is not in the best interest of the child. 29 (2) The mediation agreement shall include a parenting 30 plan that addresses issues including but not limited to how 31 the parents will make decisions affecting the child, how the 32 parents will provide a home for the child, how the child’s time 33 will be divided between the parents and how each parent will 34 facilitate the child’s time with the other parent, arrangements 35 -4- LSB 2540YH (8) 88 pf/rh 4/ 11

H.F. 664 for support of the child in lieu of court-ordered child 1 support, and how the parents will resolve major changes or 2 disagreements affecting the child including changes that arise 3 due to the child’s age and developmental needs. 4 e. A mediation agreement reached by the parties shall be 5 presented to the court for approval and once approved by the 6 court, is enforceable. 7 f. The costs of mediation shall be borne by the parties, 8 as agreed to by the parties, or as ordered by the court, and 9 may be taxed as court costs. Mediation shall be provided on a 10 sliding fee scale for parties who are determined to be indigent 11 pursuant to section 815.9. 12 g. The parties to the mediation have the right to advice 13 and presence of counsel, but the mediator shall determine 14 whether the attorney will be allowed to actively participate in 15 the mediation sessions, and no attorney fees shall be awarded 16 relative to an attorney’s participation in mediation. 17 Sec. 8. NEW SECTION . 595A.8 Elevated marriage —— legal 18 separation —— exclusive grounds. 19 A party to an elevated marriage may obtain a decree of legal 20 separation only after the parties have received authorized 21 counseling and upon proof of any of the following: 22 1. The other party committed adultery. 23 2. The other party committed a felony and has been sentenced 24 to death or imprisonment. 25 3. The other party has physically or sexually abused the 26 party seeking the legal separation or a child of either of the 27 parties. 28 4. The parties have been living separate and apart 29 continuously without reconciliation for a period of at least 30 two years. 31 5. The other party has habitually abused alcohol for one 32 year or longer. 33 6. The other party has by their actions endangered the life 34 of the party seeking the legal separation. 35 -5- LSB 2540YH (8) 88 pf/rh 5/ 11

H.F. 664 7. The other party’s extreme cruelty toward the party 1 seeking the legal separation as evidenced by threatened or 2 actual injury to that party’s physical or mental health has 3 rendered the marriage intolerable for the party seeking the 4 legal separation. 5 Sec. 9. NEW SECTION . 595A.9 Elevated marriage —— other 6 applicable law. 7 1. An elevated marriage shall be governed by all of the 8 provisions of chapter 595 which do not conflict with this 9 chapter. 10 2. A dissolution or legal separation of an elevated marriage 11 shall be governed by all of the provisions of chapter 598 which 12 do not conflict with this chapter. 13 Sec. 10. NEW SECTION . 595A.10 Elevated marriage trust fund. 14 1. An elevated marriage trust fund is created in the state 15 treasury under the control of the department of human services. 16 The fund shall consist of the moneys transferred from the 17 department of human services pursuant to section 217.41C to the 18 elevated marriage trust fund, annually. Moneys in the trust 19 fund shall be separate from the general fund of the state and 20 shall not be considered part of the general fund of the state. 21 However, the trust fund shall be considered a special account 22 for the purposes of section 8.53 relating to generally accepted 23 accounting principles. Moneys in the trust fund shall be used 24 only as specified in this section and are appropriated only for 25 the uses specified. Moneys in the trust fund are not subject 26 to section 8.33 and shall not be transferred, used, obligated, 27 appropriated, or otherwise encumbered, except as provided in 28 this section. Notwithstanding section 12C.7, subsection 2, 29 interest or earnings on moneys deposited in the trust fund 30 shall be credited to the trust fund. 31 2. Moneys in the trust fund are appropriated and shall be 32 used for the payment of tax credits pursuant to section 422.12F 33 and for reimbursement for parental leave provided pursuant to 34 section 91A.5B. 35 -6- LSB 2540YH (8) 88 pf/rh 6/ 11

H.F. 664 3. The treasurer of state, the director of the department 1 of revenue, the director of the department of human services, 2 and the labor commissioner shall jointly adopt rules for the 3 transfer, deposit, distribution, and use of moneys in the trust 4 fund. 5 DIVISION II 6 PARTIES TO ELEVATED MARRIAGE —— TAX CREDIT AND PARENTAL LEAVE 7 Sec. 11. NEW SECTION . 91A.5B Treatment of parent of newborn 8 —— party to elevated marriage. 9 In addition to any other leave available to an employee who 10 is a parent of a newborn child, the employer of an employee who 11 is the parent of a newborn child and is a party to an elevated 12 marriage as specified in chapter 595A, shall be entitled to 13 an additional four weeks of paid leave following the birth of 14 such child. Costs of such leave shall be reimbursed through 15 expenditure of moneys credited to the elevated marriage trust 16 fund established pursuant to section 595A.10. 17 Sec. 12. NEW SECTION . 422.12F Elevated marriage —— first 18 child —— tax credit. 19 1. For purposes of this section, “elevated marriage” means 20 a marriage that meets the conditions and requirements for an 21 elevated marriage pursuant to chapter 595A. 22 2. The taxes imposed under this division, less the credits 23 allowed under section 422.12, shall be reduced by an elevated 24 marriage child tax credit in the amount of one thousand dollars 25 for the first child born to the taxpayer who is a party to an 26 elevated marriage. 27 3. Any credit in excess of the tax liability is refundable. 28 In lieu of claiming a refund, the taxpayer may elect to have 29 the overpayment shown on the taxpayer’s final, completed return 30 credited to the tax liability for the following tax year. 31 4. The department of revenue shall adopt rules to administer 32 this section. 33 DIVISION III 34 CONFORMING CHANGES 35 -7- LSB 2540YH (8) 88 pf/rh 7/ 11

H.F. 664 Sec. 13. NEW SECTION . 217.41C Transfer of funds to elevated 1 marriage trust fund. 2 Of the funds appropriated from the general fund of the state 3 to the department of human services, annually, the department 4 shall transfer five hundred thousand dollars to the elevated 5 marriage trust fund. 6 Sec. 14. Section 331.602, Code 2019, is amended by adding 7 the following new subsection: 8 NEW SUBSECTION . 41. Record all declarations of intent 9 pursuant to chapter 595A that are presented to the recorder’s 10 office for recording, upon payment of a fee in accordance with 11 section 331.604. 12 Sec. 15. NEW SECTION . 595.3B Certificate of marriage —— 13 elevated marriage designation. 14 In addition to any other information contained in a 15 certificate of marriage, the certificate of marriage shall 16 include a section to allow the parties to designate the 17 marriage as an elevated marriage. 18 Sec. 16. NEW SECTION . 595.3C Elevated marriage —— 19 information pamphlet. 20 The county registrar shall provide each applicant for 21 a license to marry with a copy of the elevated marriage 22 informational pamphlet prepared by the office of the attorney 23 general pursuant to section 595A.6. 24 Sec. 17. NEW SECTION . 595.14 Elevated marriage —— 25 declaration return. 26 If the parties wish to designate the marriage an elevated 27 marriage, after the marriage has been solemnized, the 28 officiating minister or magistrate shall return the completed 29 certificate of marriage with the section designating the 30 marriage as an elevated marriage clearly indicated to the 31 county registrar in the county in which the parties applied for 32 a license to marry, within fifteen days of the solemnization. 33 Additionally, the parties to the marriage shall record the 34 declaration of intent with the county recorder in the county in 35 -8- LSB 2540YH (8) 88 pf/rh 8/ 11

H.F. 664 which the parties applied for the license to marry, and shall 1 pay the fee in accordance with section 331.604. 2 EXPLANATION 3 The inclusion of this explanation does not constitute agreement with 4 the explanation’s substance by the members of the general assembly. 5 This bill creates the elevated marriage Act and makes other 6 conforming changes. 7 Division I of the bill provides that an elevated marriage 8 may be entered into only by one man and one woman who meet the 9 age requirements otherwise applicable to marriage under current 10 law and who agree that the marriage between them is a lifelong 11 relationship; receive authorized counseling emphasizing the 12 nature, purposes, and responsibilities of marriage; and file 13 a declaration of intent and the required attachments with the 14 county registrar. 15 Division I of the bill specifies the recitation to be 16 included in a declaration of intent to enter into an elevated 17 marriage and requires that the declaration of intent completed 18 by the parties shall be filed with the county registrar, and 19 accompanied by an affidavit of the parties that they have 20 received authorized counseling and an attestation signed by the 21 person who provided the authorized counseling confirming that 22 the parties received authorized counseling. The declaration 23 of intent and the required attachments shall be prepared in 24 duplicate originals, one of which shall be retained by the 25 parties and the other of which shall be filed with the county 26 registrar of the county in which the parties applied for a 27 license to marry. 28 Division I of the bill also provides a process for married 29 parties to redesignate their marriage as an elevated marriage. 30 Division I of the bill requires the office of the attorney 31 general to develop an informational pamphlet entitled 32 “Elevated Marriage Act” that outlines in sufficient detail 33 the requirements for entering into an elevated marriage or 34 redesignating an existing marriage as an elevated marriage, the 35 -9- LSB 2540YH (8) 88 pf/rh 9/ 11

H.F. 664 implications of entering into an elevated marriage, and the 1 legal differences between an elevated marriage and a marriage 2 under current law. The informational pamphlet shall be made 3 available to all offices of the county registrar and to all 4 persons who provide authorized counseling under this Code 5 chapter. 6 Division I of the bill provides exclusive grounds for 7 dissolution of an elevated marriage involving the welfare of a 8 minor child and the process for such dissolution, and provides 9 grounds for obtaining a decree of legal separation from an 10 elevated marriage. 11 Division I of the bill provides that an elevated marriage 12 is governed by all of the provisions of Code chapter 595 13 (marriage) and Code chapter 598 (dissolution of marriage and 14 domestic relations) which do not conflict with the provisions 15 of the bill. 16 Division I of the bill creates an elevated marriage trust 17 fund in the state treasury under the control of the department 18 of human services, consisting of the moneys transferred by 19 the department of human services to the trust fund, annually. 20 Moneys in the trust fund are appropriated and shall be used 21 for the payment of tax credits and for reimbursement for 22 parental leave as provided in Division II of the bill. The 23 treasurer of state, the director of the department of revenue, 24 the director of the department of human services, and the 25 labor commissioner shall jointly adopt rules for the transfer, 26 deposit, distribution, and use of moneys in the trust fund. 27 Division II of the bill entitles an employee who is the 28 parent of a newborn child and is a party to an elevated 29 marriage, in addition to any other leave available to the 30 parent of a newborn child, to an additional four weeks of paid 31 leave following the birth of such child. Costs of such leave 32 shall be reimbursed through expenditure of moneys deposited in 33 the elevated marriage trust fund. 34 Division II of the bill also provides for a tax credit for a 35 -10- LSB 2540YH (8) 88 pf/rh 10/ 11

H.F. 664 party to an elevated marriage in the amount of $1,000 for the 1 first child born to the taxpayer. The tax credit is reimbursed 2 through expenditure of moneys deposited in the elevated 3 marriage trust fund. The department of revenue is directed to 4 adopt rules to administer the provision. 5 Division III of the bill makes conforming changes to 6 facilitate the filing of the declaration of intent and the 7 return of the certificate of marriage for an elevated marriage 8 and for transfer of funds to the elevated marriage trust fund. 9 -11- LSB 2540YH (8) 88 pf/rh 11/ 11