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Text: SSB00135                          Text: SSB00137
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Senate Study Bill 136

Bill Text

PAG LIN
  1  1    Section 1.  Section 9E.10, subsection 1, Code 1997, is
  1  2 amended by adding the following new paragraph:
  1  3    NEW PARAGRAPH.  e.  A registrar of vital statistics or a
  1  4 designee of a registrar of vital statistics.
  1  5    Sec. 2.  Section 595.4, Code 1997, is amended to read as
  1  6 follows:
  1  7    595.4  AGE AND QUALIFICATION – VERIFIED APPLICATION –
  1  8 WAITING PERIOD – EXCEPTION.
  1  9    Previous Prior to the issuance of any license to marry, the
  1 10 parties desiring the license shall sign and file a verified
  1 11 application with the county registrar which application either
  1 12 may be mailed to the parties at their request or may be signed
  1 13 by them at the office of the county registrar in the county in
  1 14 which the license is to be issued.  The application shall set
  1 15 forth at least one affidavit of some competent and
  1 16 disinterested person stating the facts as to age and
  1 17 qualification of the parties.  Upon the filing of the
  1 18 application for a license to marry, the county registrar shall
  1 19 issue the license and file the application in a record kept
  1 20 for that purpose.
  1 21    After expiration of three days from the date of filing the
  1 22 application by the parties, the county registrar shall issue
  1 23 the license.  If the license has not been issued within six
  1 24 months from the date of the application, the application is
  1 25 void.
  1 26    A license to marry may be issued prior to the expiration of
  1 27 three days from the date of filing the application for the
  1 28 license in cases of emergency or extraordinary circumstances.
  1 29 An order authorizing the issuance of a license may be granted
  1 30 by a judge of the district court under conditions of emergency
  1 31 or extraordinary circumstances upon application of the parties
  1 32 filed with the county registrar.  No order may be granted
  1 33 unless the parties have filed an application for a marriage
  1 34 license in a county within the judicial district.  An
  1 35 application for an order shall be made on forms furnished by
  2  1 the county registrar at the same time the application for the
  2  2 license to marry is made.  After examining the application for
  2  3 the marriage license, the county registrar shall refer the
  2  4 parties to a judge of the district court for action on the
  2  5 application for an order authorizing the issuance of a
  2  6 marriage license prior to expiration of three days from the
  2  7 date of filing the application for the license.  The judge
  2  8 shall, if satisfied as to the existence of an emergency or
  2  9 extraordinary circumstances, grant an order authorizing the
  2 10 issuance of a license to marry prior to the expiration of
  2 11 three days from the date of filing the application for the
  2 12 license to marry.  The county registrar shall issue a license
  2 13 to marry upon presentation by the parties of the order
  2 14 authorizing a license to be issued.  A fee of five dollars
  2 15 shall be paid to the county registrar at the time the
  2 16 application for the order is made, which fee is in addition to
  2 17 the fee prescribed by law for the issuance of a marriage
  2 18 license.  
  2 19                           EXPLANATION
  2 20    This bill adds a registrar of vital statistics or a
  2 21 registrar's designee to the list of people who may perform a
  2 22 notarial act.  The bill amends Code section 595.4 by removing
  2 23 all parts of the section relating to the three-day waiting
  2 24 requirement for the issuance of a marriage license.  The bill
  2 25 also amends Code section 595.4 by providing that a marriage
  2 26 license shall be issued by the county registrar upon the
  2 27 filing of the application.  
  2 28 LSB 2099SC 77
  2 29 tm/sc/14
     
Text: SSB00135                          Text: SSB00137
Text: SSB00100 - SSB00199               Text: SSB Index
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