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Senate File 422

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 144.5, subsection 3, Code 1995, is
  1  2 amended to read as follows:
  1  3    3.  Direct, supervise, and control the activities of clerks
  1  4 of the district court and county recorders related to the
  1  5 operation of the vital statistics system and provide
  1  6 registrars with necessary postage.
  1  7    Sec. 2.  Section 144.5, subsection 6, Code 1995, is amended
  1  8 to read as follows:
  1  9    6.  Delegate functions and duties vested in the state
  1 10 registrar to officers, to employees of the department, to the
  1 11 clerks of the district court, and to the county registrars as
  1 12 the state registrar deems necessary or expedient.
  1 13    Sec. 3.  Section 144.9, unnumbered paragraph 1, Code 1995,
  1 14 is amended to read as follows:
  1 15    The clerk of the district court county recorder is the
  1 16 county registrar and with respect to the county shall:
  1 17    Sec. 4.  NEW SECTION.  144.11  PUBLIC ACCESS TO RECORDS.
  1 18    The county registrar shall allow public access to public
  1 19 records under the custody of the county registrar during
  1 20 normal business hours for county offices in the county.
  1 21    Sec. 5.  Section 144.13A, Code 1995, is amended to read as
  1 22 follows:
  1 23    144.13A  FEES &endash; USE OF FUNDS.
  1 24    The county registrar or state registrar shall charge the
  1 25 parent a ten dollar fee for the registration of a certificate
  1 26 of birth and a separate fee established under section 144.46
  1 27 for a certified copy of the certificate except as otherwise
  1 28 provided in section 331.605, subsection 6.  The certified copy
  1 29 shall be mailed to the parent by the state registrar.  If the
  1 30 person responsible for the filing of the certificate of birth
  1 31 under section 144.13 is not the parent, the person is entitled
  1 32 to collect the fee from the parent.  The fee shall be remitted
  1 33 to the appropriate registrar.  If the expenses of the birth
  1 34 are reimbursed under the medical assistance program
  1 35 established by chapter 249A, or paid for under the statewide
  2  1 indigent patient care program established by chapter 255, or
  2  2 paid for under the obstetrical and newborn indigent patient
  2  3 care program established by chapter 255A, or if the parent is
  2  4 indigent and unable to pay the expenses of the birth and no
  2  5 other means of payment is available to the parent, the
  2  6 registration fee and certified copy fee are waived.  If the
  2  7 person responsible for the filing of the certificate is not
  2  8 the parent, the person is discharged from the duty to collect
  2  9 and remit the fee under this section if the person has made a
  2 10 good faith effort to collect the fee from the parent.  The
  2 11 fees collected by the county registrar and state registrar
  2 12 shall be remitted to the treasurer of state for deposit in the
  2 13 general fund of the state.  It is the intent of the general
  2 14 assembly that the funds generated from the registration fees
  2 15 be appropriated and used for primary and secondary child abuse
  2 16 prevention programs.  It is the intent of the general assembly
  2 17 that the funds generated from the fees as established under
  2 18 section 144.46 for the mailing of the certified copy of the
  2 19 birth certificate be appropriated and used to support the
  2 20 distribution of the automatic birth certificate and the
  2 21 implementation of the electronic birth certificate system.
  2 22    Sec. 6.  Section 144.36, subsections 1, 2, and 4, Code
  2 23 1995, are amended to read as follows:
  2 24    1.  A certificate recording each marriage performed in this
  2 25 state shall be filed with the state registrar.  The clerk of
  2 26 the district court county registrar shall prepare the
  2 27 certificate on the form furnished by the state registrar upon
  2 28 the basis of information obtained from the parties to be
  2 29 married, who shall attest to the information by their
  2 30 signatures.  The clerk of the district court county registrar
  2 31 in each county shall keep a record book for marriages.  The
  2 32 form of marriage record books shall be uniform throughout the
  2 33 state.  A properly indexed permanent record of marriage
  2 34 certificates upon microfilm, electronic computer, or data
  2 35 processing equipment may be kept in lieu of marriage record
  3  1 books.
  3  2    2.  Every person who performs a marriage shall certify the
  3  3 fact of marriage and return the certificate to the clerk of
  3  4 the district court county registrar within fifteen days after
  3  5 the ceremony.  The certificate shall be signed by the
  3  6 witnesses to the ceremony and the person performing the
  3  7 ceremony.
  3  8    4.  The clerk of the district court county registrar shall
  3  9 record and forward to the state registrar on or before the
  3 10 tenth day of each calendar month the original certificates of
  3 11 marriages filed with the clerk county registrar during the
  3 12 preceding calendar month and the fees collected by the county
  3 13 registrar on behalf of the state for applications for a
  3 14 license to marry in accordance with section 331.605,
  3 15 subsection 7.
  3 16    Sec. 7.  Section 144.45, unnumbered paragraph 1, Code 1995,
  3 17 is amended to read as follows:
  3 18    The state registrar and the clerk of the district court
  3 19 county registrar shall, upon written request from any
  3 20 applicant entitled to such a record, issue a certified copy of
  3 21 any certificate or record in the registrar's or clerk's
  3 22 custody or of a part thereof of a certificate or record.  Each
  3 23 copy issued shall show the date of registration; and copies
  3 24 issued from records marked "delayed", "amended", or "court
  3 25 order" shall be similarly marked and show the effective date.
  3 26    Sec. 8.  Section 144.46, Code 1995, is amended to read as
  3 27 follows:
  3 28    144.46  FEE FOR COPY OF RECORD.
  3 29    The department by rule shall establish fees based on the
  3 30 average administrative cost which shall be collected by the
  3 31 state registrar or the clerk of the district court county
  3 32 registrar for each certified copy or short form certification
  3 33 of certificates or records, or for a search of the files or
  3 34 records when no copy is made, or when no record is found on
  3 35 file.  Fees collected by the state registrar and by the county
  4  1 registrar on behalf of the state under this section shall be
  4  2 deposited in the general fund of the state.  Fees collected by
  4  3 the clerk of the district court shall be deposited in the
  4  4 court revenue distribution account established under section
  4  5 602.8108.  Fees collected by the county registrar pursuant to
  4  6 section 331.605, subsection 6, shall be deposited in the
  4  7 county general fund.  A fee shall not be collected from a
  4  8 political subdivision or agency of this state.
  4  9    Sec. 9.  Section 331.601, Code 1995, is amended by adding
  4 10 the following new subsection:
  4 11    NEW SUBSECTION.  4.  In counties in which the office of
  4 12 county recorder has been abolished, the board of supervisors
  4 13 shall reassign the duties of the county recorder who also
  4 14 serves as the county registrar pursuant to chapter 144.
  4 15    Sec. 10.  Section 331.602, Code 1995, is amended by adding
  4 16 the following new subsection:
  4 17    NEW SUBSECTION.  40.  Accept applications for passports.
  4 18    Sec. 11.  Section 331.605, Code 1995, is amended by adding
  4 19 the following new subsections:
  4 20    NEW SUBSECTION.  6.  A county fee of four dollars for the
  4 21 following certificates, records, or services:
  4 22    a.  A certified copy of a birth record, death record, or
  4 23 marriage certificate.
  4 24    b.  A birth registration.
  4 25    NEW SUBSECTION.  7.  For filing an application for the
  4 26 license to marry, thirty dollars.  For issuing an application
  4 27 for an order of the district court authorizing the issuance of
  4 28 a license to marry before the expiration of three days from
  4 29 the date of filing the application for the license, five
  4 30 dollars.  The district court shall authorize the issuance of a
  4 31 marriage license without the payment of any fees imposed in
  4 32 this subsection upon showing that the applicant is unable to
  4 33 pay the fees.
  4 34    Sec. 12.  NEW SECTION.  331.611  VITAL STATISTICS.
  4 35    1.  The recorder shall be the county registrar and carry
  5  1 out duties as provided in chapter 144.
  5  2    2.  The duties include, but are not limited to, the
  5  3 following:
  5  4    a.  Register and maintain certifications of birth as
  5  5 provided in sections 144.13 through 144.18, 144.45, and
  5  6 144.46.
  5  7    b.  Register and maintain certifications of death as
  5  8 provided in sections 144.26 through 144.35, 144.45, and
  5  9 144.46.
  5 10    c.  Issue and maintain marriage certificates as provided in
  5 11 sections 144.36, 144.45, and 144.46, and chapter 595.
  5 12    Sec. 13.  Section 595.3, unnumbered paragraph 1, Code 1995,
  5 13 is amended to read as follows:
  5 14    Previous to the solemnization of any marriage, a license
  5 15 for that purpose must be obtained from the clerk of the
  5 16 district court county registrar.  Such The license must not be
  5 17 granted in any case:
  5 18    Sec. 14.  Section 595.4, Code 1995, is amended to read as
  5 19 follows:
  5 20    595.4  AGE AND QUALIFICATION &endash; VERIFIED APPLICATION &endash;
  5 21 WAITING PERIOD &endash; EXCEPTION.
  5 22    Previous to the issuance of any license to marry, the
  5 23 parties desiring such the license shall sign and file a
  5 24 verified application with the clerk of the court county
  5 25 registrar which application either may be mailed to the
  5 26 parties at their request or may be signed by them at the
  5 27 office of the clerk of the district court county registrar in
  5 28 the county in which the license is to be issued.  Such The
  5 29 application shall set forth at least one affidavit of some
  5 30 competent and disinterested person stating such the facts as
  5 31 to age and qualification of the parties as the clerk may deem
  5 32 necessary to determine the competency of the parties to
  5 33 contract a marriage.  Upon the filing of the application for a
  5 34 license to marry, the clerk of the district court county
  5 35 registrar shall file the application in a record kept for that
  6  1 purpose.
  6  2    After expiration of three days from the date of filing the
  6  3 application by the parties, the clerk county registrar shall
  6  4 issue the license if the clerk is satisfied as to the
  6  5 competency of the parties to contract a marriage.  If the
  6  6 license has not been issued within six months from the date of
  6  7 the application, the application is void.
  6  8    A license to marry may be issued prior to the expiration of
  6  9 three days from the date of filing the application for the
  6 10 license in cases of emergency or extraordinary circumstances.
  6 11 An order authorizing the issuance of a license may be granted
  6 12 by a judge of the district court under conditions of emergency
  6 13 or extraordinary circumstances upon application of the parties
  6 14 filed with the clerk of court county registrar.  No such order
  6 15 may be granted unless the parties have filed an application
  6 16 for a marriage license in a county within the judicial
  6 17 district.  An application for such an order shall be made on
  6 18 forms furnished by the clerk county registrar at the same time
  6 19 the application for the license to marry is made.  If after
  6 20 After examining the application for the marriage license the
  6 21 clerk is satisfied as to the competency of the parties to
  6 22 contract a marriage, the clerk county registrar shall refer
  6 23 the parties to a judge of the district court for action on the
  6 24 application for an order authorizing the issuance of a
  6 25 marriage license prior to expiration of three days from the
  6 26 date of filing the application for the license.  The judge
  6 27 shall, if satisfied as to the existence of an emergency or
  6 28 extraordinary circumstances, grant an order authorizing the
  6 29 issuance of a license to marry prior to the expiration of
  6 30 three days from the date of filing the application for the
  6 31 license to marry.  The clerk county registrar shall issue a
  6 32 license to marry upon presentation by the parties of the order
  6 33 authorizing a license to be issued.  A fee of five dollars
  6 34 shall be paid to the clerk county registrar at the time the
  6 35 application for the order is made, which fee is in addition to
  7  1 the fee prescribed by law for the issuance of a marriage
  7  2 license.
  7  3    Sec. 15.  Section 595.5, Code 1995, is amended to read as
  7  4 follows:
  7  5    595.5  SURNAME ADOPTED.
  7  6    A party may request on the application for a marriage
  7  7 license a name change to that of the other party or to some
  7  8 other surname mutually agreed upon by the parties.  The names
  7  9 used on the marriage license shall become the legal names of
  7 10 the parties to the marriage.  The marriage license shall
  7 11 contain a statement that when a name change is requested and
  7 12 affixed to the marriage license, the new name is the legal
  7 13 name of the requesting party.  If a party requests a name
  7 14 change, other than a change of surname to that of the other
  7 15 spouse or to a combination of the surnames of both spouses,
  7 16 the party shall request approval of the court pursuant to
  7 17 chapter 674 and shall submit to the court the information
  7 18 required by section 674.2.  Upon approval of the court and
  7 19 solemnization of the marriage, the clerk of the district court
  7 20 county registrar shall send a certified copy of the return of
  7 21 marriage to the recorder's office in every county in this
  7 22 state where real property is owned by either of the parties.
  7 23 The judge may approve the name change.  The new names and the
  7 24 immediate former names shall appear on the return of marriage,
  7 25 and the return of marriage shall be recorded in the
  7 26 miscellaneous records in the recorder's office.  An individual
  7 27 shall have only one legal name at any one time.
  7 28    Sec. 16.  Section 595.6, Code 1995, is amended to read as
  7 29 follows:
  7 30    595.6  FILING AND RECORD REQUIRED.
  7 31    The affidavit or certificate, in each case, shall be filed
  7 32 by the clerk county registrar and constitute a part of the
  7 33 records of the clerk's registrar's office.  A memorandum of
  7 34 the affidavit or certificate shall also be entered in the
  7 35 license book.
  8  1    Sec. 17.  Section 595.7, Code 1995, is amended to read as
  8  2 follows:
  8  3    595.7  DELIVERY OF BLANK WITH LICENSE.
  8  4    When a license is issued the clerk county registrar shall
  8  5 deliver to the applicant a blank return for the marriage, and
  8  6 give such instructions relative thereto to the blank return as
  8  7 will insure a complete and accurate return.
  8  8    Sec. 18.  Section 595.11, Code 1995, is amended to read as
  8  9 follows:
  8 10    595.11  NONSTATUTORY SOLEMNIZATION &endash; FORFEITURE.
  8 11    Marriages solemnized, with the consent of parties, in any
  8 12 manner other than that prescribed in this chapter, are valid;
  8 13 but the parties, and all persons aiding or abetting them,
  8 14 shall pay to the treasurer of state for deposit in the general
  8 15 fund of the state the sum of fifty dollars each; but this
  8 16 shall not apply to the person conducting the marriage
  8 17 ceremony, if within fifteen days thereafter after the ceremony
  8 18 is conducted, the person makes the required return to the
  8 19 clerk of the district court county registrar.
  8 20    Sec. 19.  Section 595.13, subsection 2, Code 1995, is
  8 21 amended to read as follows:
  8 22    2.  Make return of such the marriage within fifteen days to
  8 23 the clerk of the district court county registrar, who issued
  8 24 the marriage license upon the blank provided for that purpose.
  8 25    Sec. 20.  Section 595.15, Code 1995, is amended to read as
  8 26 follows:
  8 27    595.15  INADEQUATE RETURN.
  8 28    If the return of a marriage is not complete in every
  8 29 particular as required by the forms specified in section
  8 30 144.12, the clerk county registrar shall require the person
  8 31 making the same to supply the omitted information.
  8 32    Sec. 21.  Section 595.16, Code 1995, is amended to read as
  8 33 follows:
  8 34    595.16  SPOUSE RESPONSIBLE FOR RETURN.
  8 35    When a marriage is consummated without the services of a
  9  1 cleric or magistrate, the required return thereof of the
  9  2 marriage may be made to the clerk county registrar by either
  9  3 spouse.
  9  4    Sec. 22.  Section 602.8102, subsection 83, Code 1995, is
  9  5 amended by striking the subsection.
  9  6    Sec. 23.  Section 602.8105, subsection 2, paragraph a, Code
  9  7 1995, is amended by striking the paragraph.
  9  8    Sec. 24.  TRANSFER OF RECORDS.  All records in the custody
  9  9 of the clerk of the district court which relate to vital
  9 10 statistics duties being transferred to the county recorder or
  9 11 a successor county officer shall be transferred to the county
  9 12 recorder or a successor county officer on the effective date
  9 13 of this Act.
  9 14    Sec. 25.  TRANSITION &endash; MODERNIZATION OF SYSTEM.  During a
  9 15 transitional period prior to July 1, 1997, the clerks of the
  9 16 district court and the county recorders or their successor
  9 17 county officers shall cooperate to implement a modernization
  9 18 of the vital statistics records system within the counties.
  9 19    Sec. 26.  EFFECTIVE DATES.
  9 20    1.  Sections 1 through 24 of this Act take effect July 1,
  9 21 1997.
  9 22    2.  Section 25 of this Act, being deemed of immediate
  9 23 importance, takes effect upon enactment.  
  9 24 SF 422
  9 25 tj/cc/26
     
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