Text: HF02261                           Text: HF02263
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House File 2262

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 595.4, unnumbered paragraph 1, Code
  1  2 1999, is amended to read as follows:
  1  3    Previous to the issuance of any license to marry, the
  1  4 parties desiring the license shall sign and file a verified
  1  5 application with the county registrar which application either
  1  6 may be mailed to the parties at their request or may be signed
  1  7 by them at the office of the county registrar in the county in
  1  8 which the license is to be issued.  The application shall
  1  9 include the social security number of each applicant and shall
  1 10 set forth at least one affidavit of some competent and
  1 11 disinterested person stating the facts as to age and
  1 12 qualification of the parties.  If an applicant for a marriage
  1 13 license indicates the adoption of a name change according to
  1 14 section 595.5, the applicant shall also attach a legal
  1 15 description of all real property owned in this state by the
  1 16 applicant, if the applicant requests to have real property
  1 17 records changed to reflect the new name.  Upon the filing of
  1 18 the application for a license to marry, the county registrar
  1 19 shall file the application in a record kept for that purpose
  1 20 and shall take all necessary steps to ensure the
  1 21 confidentiality of the social security number of each
  1 22 applicant.  All information included on an application may be
  1 23 provided as mutually agreed upon by the division of records
  1 24 and statistics and the child support recovery unit, including
  1 25 by automated exchange.
  1 26    Sec. 2.  Section 595.5, subsection 2, Code Supplement 1999,
  1 27 is amended to read as follows:
  1 28    2.  a.  If an applicant for a marriage license indicates
  1 29 the adoption of a name change according to subsection 1, the
  1 30 applicant shall also attach a legal description of all real
  1 31 property owned in this state by the applicant, if the
  1 32 applicant requests to have real property records changed to
  1 33 reflect the new name.  The county registrar shall send a
  1 34 certified copy of the return of marriage to the recorder's
  1 35 office in every county in this state where real property is
  2  1 owned by either of the parties, upon request of the parties.
  2  2 The new names and the immediate former names shall appear on
  2  3 the return of marriage, and the return of marriage shall be
  2  4 recorded in the miscellaneous records in the recorder's
  2  5 office, and the change of name shall be indexed.  The county
  2  6 recorder and county auditor of each county in which the
  2  7 applicant owns real property may charge fees in the amounts
  2  8 specified in section 331.604 and section 331.507, subsection
  2  9 2, paragraph "b", for indexing a change of name for each
  2 10 parcel of real estate.
  2 11    b.  This procedure shall apply only to changes of names in
  2 12 conjunction with marriage, not additions of names of spouses
  2 13 added as owners of real property in conjunction with marriage.
  2 14    Sec. 3.  Section 595.5, Code Supplement 1999, is amended by
  2 15 adding the following new subsection:
  2 16    NEW SUBSECTION.  4.  This section shall not apply to any
  2 17 applicant for a marriage license who has a civil disability
  2 18 that would prohibit a name change by application to a court
  2 19 under chapter 674.  
  2 20                           EXPLANATION
  2 21    This bill excludes persons with civil disabilities, such as
  2 22 convicted felons, who would be prohibited from changing the
  2 23 person's name through a petition filed with the court pursuant
  2 24 to Code chapter 674, from utilizing the marriage application
  2 25 process to change the person's name.
  2 26    The bill also amends Code section 595.5 to require that,
  2 27 when a name change is indicated on the marriage license and
  2 28 the parties desire to have real property records changed to
  2 29 reflect the new name, that the parties must attach a
  2 30 description of the real property to the application for a
  2 31 marriage license.  The Code section is also changed to require
  2 32 indexing of the name change, and to allow a fee to be charged
  2 33 in relation to changing the real property records.  A related
  2 34 change is also made to Code section 595.5.  
  2 35 LSB 5022YH 78
  3  1 jj/cls/14
     

Text: HF02261                           Text: HF02263
Text: HF02200 - HF02299                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

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