Text: HF02503 Text: HF02505 Text: HF02500 - HF02599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 595.4, Code 1999, is amended to read as 1 2 follows: 1 3 595.4 AGE AND QUALIFICATION – VERIFIED APPLICATION – 1 4 WAITING PERIOD – EXCEPTION. 1 5 1.PreviousPrior to the issuance of any license to marry, 1 6 the parties desiring the license shall sign and file a 1 7 verified application with the county registrarwhich. The 1 8 applicationeithermay be mailed to the parties at their 1 9 request or may be signed by them at the office of the county 1 10 registrar in the county in which the license is to be issued. 1 11 2. The application shall include the following: 1 12 a. The social security number of each applicantand shall1 13set forth at. 1 14 b. At least one affidavit of some competent and 1 15 disinterested person stating the facts as to age and 1 16 qualification of the parties. 1 17 3. Upon the filing of the application for a license to 1 18 marry, the county registrar shall file the application in a 1 19 record kept for that purpose and shall take all necessary 1 20 steps to ensure the confidentiality of the social security 1 21 number of each applicant. All information included on an 1 22 application may be provided as mutually agreed upon by the 1 23 division of records and statistics and the child support 1 24 recovery unit, including by automated exchange. 1 25 4. Upon receipt of a verified application, the county 1 26 registrarmayshall issue the licensewhich. The license 1 27 shall not become valid untilthe expiration ofthree days 1 28 after the date ofissuance of the licenseapplication for the 1 29 license. If the license has not been issued within six months 1 30 from the date of the application, the application is void. 1 31 5. a. A license to marry may be validated prior to the 1 32 expiration of three days from the date ofissuance of1 33 application for the license in cases of emergency or 1 34 extraordinary circumstances. 1 35 b. An order authorizing the validation of a license may be 2 1 granted by a judge of the district court under conditions of 2 2 emergency or extraordinary circumstances upon application of 2 3 the parties filed with the county registrar. 2 4 c.NoAn ordermayshall not be granted unless the parties 2 5 have filed an application for a marriage license in a county 2 6 within the judicial district. 2 7 d. An application for an order shall be made on forms 2 8 furnished by the county registrar at the same time the 2 9 application for the license to marry is made. 2 10 e. After examining the application for the marriage 2 11 license and issuing the license, the county registrar shall 2 12 refer the parties to a judge of the district court for action 2 13 on the application for an order authorizing the validation of 2 14 a marriage license prior to expiration of three days from the 2 15 date ofissuance ofapplication for the license. The judge 2 16 shall, if satisfied as to the existence of an emergency or 2 17 extraordinary circumstances, grant an order authorizing the 2 18 validation of a license to marry prior to the expiration of 2 19 three days from the date ofissuance ofapplication for the 2 20 license to marry. 2 21 f. The county registrar shall validate a license to marry 2 22 upon presentation by the parties of the order authorizing a 2 23 license to be validated. A fee of five dollars shall be paid 2 24 to the county registrar at the time the application for the 2 25 order is made, which fee is in addition to the fee prescribed 2 26 by law for the issuance of a marriage license. 2 27 Sec. 2. Section 595.5, subsection 2, Code Supplement 1999, 2 28 is amended by striking the subsection. 2 29 Sec. 3. Section 595.6, Code 1999, is amended to read as 2 30 follows: 2 31 595.6 FILING AND RECORD REQUIRED. 2 32 Theaffidavit ormarriage application and return of 2 33 marriage certificate, in each case, shall be filed by the 2 34 county registrar and constitute a part of the records of the 2 35 registrar's office. A memorandum of theaffidavit ormarriage 3 1 application and return of marriage certificate shall also be 3 2 entered in the license book. 3 3 Sec. 4. Section 595.10, subsection 1, Code 1999, is 3 4 amended to read as follows: 3 5 1. A judge of the Iowa supreme court, Iowa court of 3 6 appeals, or Iowa district court, including a district 3 7 associate judge, associate juvenile judge, or a judicial 3 8 magistrate, and including a senior judge as defined in section 3 9 602.9202, subsection 1. 3 10 Sec. 5. Section 595.13, Code 1999, is amended to read as 3 11 follows: 3 12 595.13 CERTIFICATE – RETURN. 3 13 After the marriage has been solemnized, the officiating 3 14 minister or magistrate shall:3 151. Give each of the parties a certificate of the same.3 162. Makereturnofthe certificate of marriage within 3 17 fifteen days to the county registrar,who issued the marriage 3 18 license upon the blank provided for that purpose. 3 19 EXPLANATION 3 20 This bill amends several provisions relating to marriage 3 21 licenses. 3 22 The bill amends Code section 595.4 to specify that a 3 23 marriage license is not valid until three days after the 3 24 application, rather than the issuance of the license. The 3 25 bill also reorganizes the section. 3 26 The bill strikes subsection 2 of Code section 595.5, 3 27 related to changes of real property records in conjunction 3 28 with name changes due to marriage. The bill removes any 3 29 requirement for the recorder to update property records after 3 30 a marital name change, or to record a return of marriage 3 31 reflecting a name change. 3 32 The bill amends Code section 595.6 to require filing of the 3 33 marriage application and return of marriage certificate, 3 34 rather than the affidavit or certificate. 3 35 The bill amends Code section 595.10 to specify that judges 4 1 authorized to solemnize marriages must be Iowa judges. 4 2 The bill amends Code section 595.13 to delete the 4 3 requirement of giving a copy of the certificate of marriage to 4 4 the parties to eliminate potential conflict with Code section 4 5 144.45 regarding provision of copies of marriage certificates. 4 6 LSB 6593HV 78 4 7 jj/as/5
Text: HF02503 Text: HF02505 Text: HF02500 - HF02599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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