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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 Theclerk of the district courtcounty 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. Theclerk of2 26the district courtcounty 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. Theclerk of the district courtcounty 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 theclerk of3 4the district courtcounty 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. Theclerk of the district courtcounty 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 theclerkcounty registrar during the 3 12 preceding calendar month. 3 13 Sec. 7. Section 144.45, unnumbered paragraph 1, Code 1995, 3 14 is amended to read as follows: 3 15 The state registrar and theclerk of the district court3 16 county registrar shall, upon written request from any 3 17 applicant entitled tosucha record, issue a certified copy of 3 18 any certificate or record in the registrar'sor clerk's3 19 custody or of a partthereofof a certificate or record. Each 3 20 copy issued shall show the date of registration; and copies 3 21 issued from records marked "delayed", "amended", or "court 3 22 order" shall be similarly marked and show the effective date. 3 23 Sec. 8. Section 144.46, Code 1995, is amended to read as 3 24 follows: 3 25 144.46 FEE FOR COPY OF RECORD. 3 26 The department by rule shall establish fees based on the 3 27 average administrative cost which shall be collected by the 3 28 state registrar or theclerk of the district courtcounty 3 29 registrar for each certified copy or short form certification 3 30 of certificates or records, or for a search of the files or 3 31 records when no copy is made, or when no record is found on 3 32 file. Fees collectedby the state registrarunder this 3 33 section shall be deposited in the general fund of the state. 3 34Fees collected by the clerk of the district court shall be3 35deposited in the court revenue distribution account4 1established under section 602.8108.Fees collected by the 4 2 county registrar shall be deposited in the county general 4 3 fund. A fee shall not be collected from a political 4 4 subdivision or agency of this state. 4 5 Sec. 9. Section 331.602, Code 1995, is amended by adding 4 6 the following new subsection: 4 7 NEW SUBSECTION. 40. Accept applications for passports. 4 8 Sec. 10. Section 331.605, Code 1995, is amended by adding 4 9 the following new subsection: 4 10 NEW SUBSECTION. 6. A county fee of four dollars for the 4 11 following certificates, records, or services: 4 12 a. A certified copy of a birth record, death record, or 4 13 marriage certificate. 4 14 b. A birth registration. 4 15 Sec. 11. NEW SECTION. 331.611 VITAL STATISTICS. 4 16 1. The recorder shall be the county registrar and carry 4 17 out duties as provided in chapter 144. 4 18 2. The duties include, but are not limited to, the 4 19 following: 4 20 a. Register and maintain certifications of birth as 4 21 provided in sections 144.13 through 144.18, 144.45, and 4 22 144.46. 4 23 b. Register and maintain certifications of death as 4 24 provided in sections 144.26 through 144.35, 144.45, and 4 25 144.46. 4 26 c. Issue and maintain marriage certificates as provided in 4 27 sections 144.36, 144.45, and 144.46, and chapter 595. 4 28 Sec. 12. Section 595.3, unnumbered paragraph 1, Code 1995, 4 29 is amended to read as follows: 4 30 Previous to the solemnization of any marriage, a license 4 31 for that purpose must be obtained from theclerk of the4 32district courtcounty registrar.SuchThe license must not be 4 33 granted in any case: 4 34 Sec. 13. Section 595.4, Code 1995, is amended to read as 4 35 follows: 5 1 595.4 AGE AND QUALIFICATION &endash; VERIFIED APPLICATION &endash; 5 2 WAITING PERIOD &endash; EXCEPTION. 5 3 Previous to the issuance of any license to marry, the 5 4 parties desiringsuchthe license shall sign and file a 5 5 verified application with theclerk of the courtcounty 5 6 registrar which application either may be mailed to the 5 7 parties at their request or may be signed by them at the 5 8 office of theclerk of the district courtcounty registrar in 5 9 the county in which the license is to be issued.SuchThe 5 10 application shall set forth at least one affidavit of some 5 11 competent and disinterested person statingsuchthe facts as 5 12 to age and qualification of the partiesas the clerk may deem5 13necessary to determine the competency of the parties to5 14contract a marriage. Upon the filing of the application for a 5 15 license to marry, theclerk of the district courtcounty 5 16 registrar shall file the application in a record kept for that 5 17 purpose. 5 18 After expiration of three days from the date of filing the 5 19 application by the parties, theclerkcounty registrar shall 5 20 issue the licenseif the clerk is satisfied as to the5 21competency of the parties to contract a marriage. If the 5 22 license has not been issued within six months from the date of 5 23 the application, the application is void. 5 24 A license to marry may be issued prior to the expiration of 5 25 three days from the date of filing the application for the 5 26 license in cases of emergency or extraordinary circumstances. 5 27 An order authorizing the issuance of a license may be granted 5 28 by a judge of the district court under conditions of emergency 5 29 or extraordinary circumstances upon application of the parties 5 30 filed with theclerk of courtcounty registrar. Nosuchorder 5 31 may be granted unless the parties have filed an application 5 32 for a marriage license in a county within the judicial 5 33 district. An application forsuchan order shall be made on 5 34 forms furnished by theclerkcounty registrar at the same time 5 35 the application for the license to marry is made.If after6 1 After examining the application for the marriage licensethe6 2clerk is satisfied as to the competency of the parties to6 3contract a marriage, theclerkcounty registrar shall refer 6 4 the parties to a judge of the district court for action on the 6 5 application for an order authorizing the issuance of a 6 6 marriage license prior to expiration of three days from the 6 7 date of filing the application for the license. The judge 6 8 shall, if satisfied as to the existence of an emergency or 6 9 extraordinary circumstances, grant an order authorizing the 6 10 issuance of a license to marry prior to the expiration of 6 11 three days from the date of filing the application for the 6 12 license to marry. Theclerkcounty registrar shall issue a 6 13 license to marry upon presentation by the parties of the order 6 14 authorizing a license to be issued. A fee of five dollars 6 15 shall be paid to theclerkcounty registrar at the time the 6 16 application for the order is made, which fee is in addition to 6 17 the fee prescribed by law for the issuance of a marriage 6 18 license. 6 19 Sec. 14. Section 595.5, Code 1995, is amended to read as 6 20 follows: 6 21 595.5 SURNAME ADOPTED. 6 22 A party may request on the application for a marriage 6 23 license a name change to that of the other party or to some 6 24 other surname mutually agreed upon by the parties. The names 6 25 used on the marriage license shall become the legal names of 6 26 the parties to the marriage. The marriage license shall 6 27 contain a statement that when a name change is requested and 6 28 affixed to the marriage license, the new name is the legal 6 29 name of the requesting party. If a party requests a name 6 30 change, other than a change of surname to that of the other 6 31 spouse or to a combination of the surnames of both spouses, 6 32 the party shall request approval of the court pursuant to 6 33 chapter 674 and shall submit to the court the information 6 34 required by section 674.2. Upon approval of the court and 6 35 solemnization of the marriage, theclerk of the district court7 1 county registrar shall send a certified copy of the return of 7 2 marriage to the recorder's office in every county in this 7 3 state where real property is owned by either of the parties. 7 4 The judge may approve the name change. The new names and the 7 5 immediate former names shall appear on the return of marriage, 7 6 and the return of marriage shall be recorded in the 7 7 miscellaneous records in the recorder's office. An individual 7 8 shall have only one legal name at any one time. 7 9 Sec. 15. Section 595.6, Code 1995, is amended to read as 7 10 follows: 7 11 595.6 FILING AND RECORD REQUIRED. 7 12 The affidavit or certificate, in each case, shall be filed 7 13 by theclerkcounty registrar and constitute a part of the 7 14 records of theclerk'sregistrar's office. A memorandum of 7 15 the affidavit or certificate shall also be entered in the 7 16 license book. 7 17 Sec. 16. Section 595.7, Code 1995, is amended to read as 7 18 follows: 7 19 595.7 DELIVERY OF BLANK WITH LICENSE. 7 20 When a license is issued theclerkcounty registrar shall 7 21 deliver to the applicant a blank return for the marriage, and 7 22 givesuchinstructions relativetheretoto the blank return as 7 23 will insure a complete and accurate return. 7 24 Sec. 17. Section 595.11, Code 1995, is amended to read as 7 25 follows: 7 26 595.11 NONSTATUTORY SOLEMNIZATION &endash; FORFEITURE. 7 27 Marriages solemnized, with the consent of parties, in any 7 28 manner other than that prescribed in this chapter, are valid; 7 29 but the parties, and all persons aiding or abetting them, 7 30 shall pay to the treasurer of state for deposit in the general 7 31 fund of the state the sum of fifty dollars each; but this 7 32 shall not apply to the person conducting the marriage 7 33 ceremony, if within fifteen daysthereafterafter the ceremony 7 34 is conducted, the person makes the required return to the 7 35clerk of the district courtcounty registrar. 8 1 Sec. 18. Section 595.13, subsection 2, Code 1995, is 8 2 amended to read as follows: 8 3 2. Make return ofsuchthe marriage within fifteen days to 8 4 theclerk of the district courtcounty registrar, who issued 8 5 the marriage license upon the blank provided for that purpose. 8 6 Sec. 19. Section 595.15, Code 1995, is amended to read as 8 7 follows: 8 8 595.15 INADEQUATE RETURN. 8 9 If the return of a marriage is not complete in every 8 10 particular as required by the forms specified in section 8 11 144.12, theclerkcounty registrar shall require the person 8 12 making the same to supply the omitted information. 8 13 Sec. 20. Section 595.16, Code 1995, is amended to read as 8 14 follows: 8 15 595.16 SPOUSE RESPONSIBLE FOR RETURN. 8 16 When a marriage is consummated without the services of a 8 17 cleric or magistrate, the required returnthereofof the 8 18 marriage may be made to theclerkcounty registrar by either 8 19 spouse. 8 20 Sec. 21. Section 602.8102, subsection 83, Code 1995, is 8 21 amended by striking the subsection. 8 22 Sec. 22. TRANSFER OF RECORDS. All records in the custody 8 23 of the clerk of the district court which relate to vital 8 24 statistics duties being transferred to the county recorder 8 25 shall be transferred to the county recorder on the effective 8 26 date of this Act. 8 27 Sec. 23. TRANSITION &endash; MODERNIZATION OF SYSTEM. During a 8 28 transitional period prior to July 1, 1997, the clerks of the 8 29 district court and the county recorders shall cooperate to 8 30 implement a modernization of the vital statistics records 8 31 system within the counties. 8 32 Sec. 24. EFFECTIVE DATE. 8 33 1. Sections 1 through 22 of this Act take effect July 1, 8 34 1997. 8 35 2. Section 23 of this Act, being deemed of immediate 9 1 importance, takes effect upon enactment. 9 2 EXPLANATION 9 3 This bill transfers the duties of the clerk of the district 9 4 court relating to vital statistics to the office of county 9 5 recorder. The county recorder serves as the county registrar 9 6 of vital statistics for the purposes of maintaining birth and 9 7 death records, issuing marriage licenses, and maintaining 9 8 related information concerning the solemnization of marriages. 9 9 The bill also provides for a new fee of $4 to provide a 9 10 certified copy of a birth, death, or marriage certificate and 9 11 a birth registration. This fee will be remitted to the county 9 12 general fund. Fees currently collected by the department of 9 13 public health as state registrar and the clerk of the district 9 14 court will remain unchanged. The bill also provides that the 9 15 county recorder will provide services related to passport 9 16 applications which the clerks of the district court have 9 17 discontinued. 9 18 The bill amends chapter 144 to divide the duties of the 9 19 county registrar between the county recorder and the clerk of 9 20 the district court. The clerks of the district court will 9 21 keep the duties of the county registrar related to birth and 9 22 death records where the district court is involved. Chapters 9 23 331 and 595 are amended to provide cross-references to the 9 24 county recorder's duties and transfer duties relating to the 9 25 issuing and keeping of marriage records. 9 26 The bill contains a provision effective upon enactment, 9 27 which requires the clerks of the district court and the county 9 28 recorders to implement a modernization of the vital statistics 9 29 records system within the counties. The remainder of the bill 9 30 takes effect July 1, 1997. 9 31 This bill may create a state mandate as provided in chapter 9 32 25B. 9 33 LSB 2347SC 76 9 34 tj/sc/14
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