Text: S05274 Text: S05276 Text: S05200 - S05299 Text: S Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Amend Senate File 2393 as follows: 1 2 #1. Page 1, by inserting before line 1 the 1 3 following: 1 4 "Section 1. Section 331.605, subsection 6, Code 1 5 1997, is amended to read as follows: 1 6 6. a. For filing an application for the license 1 7 to marry, thirty dollarsthe following fees: 1 8 (1) If the applicants who are the parties desiring 1 9 the license provide documentation of participation in 1 10 premarital counseling, ten dollars. 1 11 (2) If the applicants who are the parties desiring 1 12 the license do not provide documentation of 1 13 participation in premarital counseling, fifty dollars. 1 14 b. For issuing an application for an order of the 1 15 district court authorizing the issuance of a license 1 16 to marry before the expiration of three days from the 1 17 date of filing the application for the license,five1 18 fifty dollars. 1 19 c. The district court shall authorize the issuance 1 20 of a marriage license without the payment of any fees 1 21 imposed in this subsection upon showing that the 1 22 applicant is unable to pay the fees. 1 23 d. For the purpose of this subsection, "premarital 1 24 counseling" means as defined in section 595.20. 1 25 e. Any fee collected under this subsection in 1 26 excess of a ten dollar fee shall be forwarded to the 1 27 treasurer of state for deposit in the general fund of 1 28 the state. 1 29 Sec. 2. NEW SECTION. 595.3B MARRIAGE RESOURCES 1 30 DOCUMENTATION. 1 31 1. Upon the filing of an application for a license 1 32 to marry and prior to the issuance of a license to 1 33 marry, the county registrar shall provide the 1 34 applicants with written information regarding the 1 35 legal rights and responsibilities incident to marriage 1 36 and dissolution of marriage and which provides a 1 37 listing of family resources for applicants to utilize 1 38 in strengthening the marriage. The chief judge of 1 39 each judicial district shall develop the listing of 1 40 resources to be provided to the applicants under this 1 41 section. 1 42 2. The county registrar shall make available, to 1 43 applicants for a license to marry, forms to document 1 44 participation in premarital counseling. The forms 1 45 shall be developed by the judicial council and shall 1 46 be made available to the county registrar. 1 47 Sec. 3. Section 595.4, Code Supplement 1997, is 1 48 amended to read as follows: 1 49 595.4 AGE AND QUALIFICATION – VERIFIED 1 50 APPLICATION – WAITING PERIOD – EXCEPTION. 2 1 1. Previous to the issuance of any license to 2 2 marry, the parties desiring the license shall sign and 2 3 file a verified application with the county registrar 2 4 which application either may be mailed to the parties 2 5 at their request or may be signed by them at the 2 6 office of the county registrar in the county in which 2 7 the license is to be issued. The application shall 2 8 include the social security number of each applicant 2 9 and shall set forth at least one affidavit of some 2 10 competent and disinterested person stating the facts 2 11 as to age and qualification of the parties. The 2 12 application or an attachment to the application shall 2 13 also include a request for the applicants to provide 2 14 documentation of participation in premarital 2 15 counseling or to note that the applicants have not 2 16 participated in premarital counseling. Upon the 2 17 filing of the application for a license to marry, the 2 18 county registrar shall file the application in a 2 19 record kept for that purpose and shall take all 2 20 necessary steps to ensure the confidentiality of the 2 21 social security number of each applicant. All 2 22 information included on an application may be provided 2 23 as mutually agreed upon by the division of records and 2 24 statistics and the child support recovery unit, 2 25 including by automated exchange. 2 26 2. After expiration of three days from the date of 2 27 filing the application by the parties, the county 2 28 registrar shall issue the license. If the license has 2 29 not been issued within six months from the date of the 2 30 application, the application is void. 2 31 3. A license to marry may be issued prior to the 2 32 expiration of three days from the date of filing the 2 33 application for the license in cases of emergency or 2 34 extraordinary circumstances. An order authorizing the 2 35 issuance of a license may be granted by a judge of the 2 36 district court under conditions of emergency or 2 37 extraordinary circumstances upon application of the 2 38 parties filed with the county registrar. No order may 2 39 be granted unless the parties have filed an 2 40 application for a marriage license in a county within 2 41 the judicial district. An application for an order 2 42 shall be made on forms furnished by the county 2 43 registrar at the same time the application for the 2 44 license to marry is made. After examining the 2 45 application for the marriage license, the county 2 46 registrar shall refer the parties to a judge of the 2 47 district court for action on the application for an 2 48 order authorizing the issuance of a marriage license 2 49 prior to expiration of three days from the date of 2 50 filing the application for the license. The judge 3 1 shall, if satisfied as to the existence of an 3 2 emergency or extraordinary circumstances, grant an 3 3 order authorizing the issuance of a license to marry 3 4 prior to the expiration of three days from the date of 3 5 filing the application for the license to marry. The 3 6 county registrar shall issue a license to marry upon 3 7 presentation by the parties of the order authorizing a 3 8 license to be issued. A fee offivefifty dollars 3 9 shall be paid to the county registrar at the time the 3 10 application for the order is made, which fee is in 3 11 addition to the fee prescribed by law for the issuance 3 12 of a marriage license. 3 13 Sec. 4. NEW SECTION. 595.20 PREMARITAL 3 14 COUNSELING. 3 15 1. "Premarital counseling" means one or more 3 16 meetings totaling at least six hours, between two 3 17 parties intending to enter into marriage with each 3 18 other and a neutral party for the purposes of 3 19 discussing the rights, expectations, needs, 3 20 obligations, and other facets of marriage and to 3 21 develop communication skills and conflict resolution 3 22 techniques. 3 23 2. For the purposes of this section, premarital 3 24 counseling may be provided by a neutral party who is 3 25 any of the following: 3 26 a. A member of the clergy. 3 27 b. A person who is, or who is under the 3 28 supervision of a person qualified to solemnize a 3 29 marriage in this state who has training in premarital 3 30 counseling. 3 31 c. A person licensed pursuant to chapter 154B to 3 32 practice psychology, 154C to practice social work, or 3 33 154D to practice marital and family therapy, if the 3 34 person has training in premarital counseling. 3 35 3. Applicants for a marriage license pursuant to 3 36 section 595.4 shall provide documentation of 3 37 participation in premarital counseling at the time of 3 38 applying for the marriage license to be eligible for 3 39 the reduced application fee pursuant to section 3 40 331.605, subsection 6. The documentation shall be 3 41 signed by the person who provided the premarital 3 42 counseling." 3 43 #2. Page 13, by inserting after line 25 the 3 44 following: 3 45 "Sec. ___. MEDIATION PILOT PROJECT. 3 46 1. The judicial council shall establish a 3 47 mediation pilot project in two judicial districts in 3 48 the state. The two judicial districts selected shall 3 49 be those districts which have existing mediation 3 50 programs. 4 1 2. The pilot project programs shall provide 4 2 counseling and other services for individuals involved 4 3 in domestic relations proceedings and for individuals 4 4 wishing to avoid court intervention in a domestic 4 5 relations situation. 4 6 3. The judicial districts selected shall provide a 4 7 program plan to the judicial council for review. The 4 8 plan shall include, but is not limited to, all of the 4 9 following: 4 10 a. A projected budget for the program and any fees 4 11 which will be imposed for services provided under the 4 12 program. 4 13 b. A general description of the program, the 4 14 services to be provided, how the mediation program 4 15 will be incorporated into the existing system of 4 16 conciliation and mediation services, and how the 4 17 mediation program will be aligned with the broad-based 4 18 system of marriage and domestic relations resources. 4 19 c. A listing of mediation resources within the 4 20 judicial district which may be accessed by individuals 4 21 seeking mediation services. 4 22 d. The types of mediation approaches available 4 23 under the program to be used in addressing various 4 24 domestic relations issues. 4 25 e. A plan for collecting data, and for monitoring 4 26 and evaluating the mediation program. 4 27 4. The judicial districts selected shall provide a 4 28 progress report of the mediation program to the 4 29 general assembly, including an evaluation of the 4 30 program and recommendations, by January 1, 1999. In 4 31 evaluating the program and making recommendations, the 4 32 judicial district shall address all of the following: 4 33 a. Other services or providers of services which 4 34 should be incorporated into the mediation program or 4 35 which should be additional support resources for 4 36 individuals who are married or who have domestic 4 37 relations issues. 4 38 b. Methods for improving the current domestic 4 39 relations system to address the needs of individuals. 4 40 c. Methods for implementing a comprehensive 4 41 mediate first strategy in all dissolution and 4 42 modification cases. 4 43 d. Methods for determining which cases are not 4 44 appropriate for mediation, providing for waiver of a 4 45 mediation requirement for certain cases, and 4 46 determining when parties have reached an impasse in 4 47 mediation. 4 48 e. Methods for ensuring quality mediation 4 49 services. 4 50 f. Methods for ensuring that parties involved in 5 1 mediation understand the limitations of mediation 5 2 including that mediation is not a substitute for legal 5 3 counsel." 5 4 #3. By renumbering as necessary. 5 5 5 6 5 7 5 8 ANDY McKEAN 5 9 MARY NEUHAUSER 5 10 SF 2393.702 77 5 11 pf/sc/28
Text: S05274 Text: S05276 Text: S05200 - S05299 Text: S Index Bills and Amendments: General Index Bill History: General Index
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