Text: HSB00552                          Text: HSB00554
Text: HSB00500 - HSB00599               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index

House Study Bill 553

Bill Text

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.  Previous Prior 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 registrar which.  The
  1  8 application either may 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 applicant and shall
  1 13 set 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    c.  If an applicant for a marriage license indicates the
  1 18 adoption of a name change according to section 595.5, the
  1 19 applicant shall also attach a legal description of all real
  1 20 property owned in this state by the applicant, if the
  1 21 applicant requests to have real property records changed to
  1 22 reflect the new name.
  1 23    3.  Upon the filing of the application for a license to
  1 24 marry, the county registrar shall file the application in a
  1 25 record kept for that purpose and shall take all necessary
  1 26 steps to ensure the confidentiality of the social security
  1 27 number of each applicant.  All information included on an
  1 28 application may be provided as mutually agreed upon by the
  1 29 division of records and statistics and the child support
  1 30 recovery unit, including by automated exchange.
  1 31    4.  Upon receipt of a verified application, the county
  1 32 registrar may shall issue the license which.  The license
  1 33 shall not become valid until the expiration of three days
  1 34 after the date of issuance of the license application for the
  1 35 license.  If the license has not been issued within six months
  2  1 from the date of the application, the application is void.
  2  2    5.  a.  A license to marry may be validated prior to the
  2  3 expiration of three days from the date of issuance of
  2  4 application for the license in cases of emergency or
  2  5 extraordinary circumstances.
  2  6    b.  An order authorizing the validation of a license may be
  2  7 granted by a judge of the district court under conditions of
  2  8 emergency or extraordinary circumstances upon application of
  2  9 the parties filed with the county registrar.
  2 10    c.  No An order may shall not be granted unless the parties
  2 11 have filed an application for a marriage license in a county
  2 12 within the judicial district.
  2 13    d.  An application for an order shall be made on forms
  2 14 furnished by the county registrar at the same time the
  2 15 application for the license to marry is made.
  2 16    e.  After examining the application for the marriage
  2 17 license and issuing the license, the county registrar shall
  2 18 refer the parties to a judge of the district court for action
  2 19 on the application for an order authorizing the validation of
  2 20 a marriage license prior to expiration of three days from the
  2 21 date of issuance of application for the license.  The judge
  2 22 shall, if satisfied as to the existence of an emergency or
  2 23 extraordinary circumstances, grant an order authorizing the
  2 24 validation of a license to marry prior to the expiration of
  2 25 three days from the date of issuance of application for the
  2 26 license to marry.
  2 27    f.  The county registrar shall validate a license to marry
  2 28 upon presentation by the parties of the order authorizing a
  2 29 license to be validated.  A fee of five dollars shall be paid
  2 30 to the county registrar at the time the application for the
  2 31 order is made, which fee is in addition to the fee prescribed
  2 32 by law for the issuance of a marriage license.
  2 33    Sec. 2.  Section 595.5, subsection 2, Code Supplement 1999,
  2 34 is amended to read as follows:
  2 35    2.  a.  If an applicant for a marriage license indicates
  3  1 the adoption of a name change according to subsection 1, the
  3  2 applicant shall also attach a legal description of all real
  3  3 property owned in this state by the applicant, if the
  3  4 applicant requests to have real property records changed to
  3  5 reflect the new name.  The county registrar shall send a
  3  6 certified copy of the return of marriage to the recorder's
  3  7 office in every county in this state where real property is
  3  8 owned by either of the parties, upon request of the parties.
  3  9 The new names and the immediate former names shall appear on
  3 10 the return of marriage, and the return of marriage shall be
  3 11 recorded in the miscellaneous records in the recorder's
  3 12 office, and the change of name shall be indexed.  The county
  3 13 recorder and county auditor of each county in which the
  3 14 applicant owns real property may charge fees in the amounts
  3 15 specified in section 331.604 and section 331.507, subsection
  3 16 2, paragraph "b", for indexing a change of name for each
  3 17 parcel of real estate.
  3 18    b.  This procedure shall apply only to changes of names in
  3 19 conjunction with marriage, not additions of names of spouses
  3 20 added as owners of real property in conjunction with marriage.
  3 21    Sec. 3.  Section 595.6, Code 1999, is amended to read as
  3 22 follows:
  3 23    595.6  FILING AND RECORD REQUIRED.
  3 24    The affidavit or marriage application and return of
  3 25 marriage certificate, in each case, shall be filed by the
  3 26 county registrar and constitute a part of the records of the
  3 27 registrar's office.  A memorandum of the affidavit or marriage
  3 28 application and return of marriage certificate shall also be
  3 29 entered in the license book.
  3 30    Sec. 4.  Section 595.10, subsection 1, Code 1999, is
  3 31 amended to read as follows:
  3 32    1.  A judge of the Iowa supreme court, Iowa court of
  3 33 appeals, or Iowa district court, including a district
  3 34 associate judge, associate juvenile judge, or a judicial
  3 35 magistrate, and including a senior judge as defined in section
  4  1 602.9202, subsection 1.
  4  2    Sec. 5.  Section 595.13, Code 1999, is amended to read as
  4  3 follows:
  4  4    595.13  CERTIFICATE – RETURN.
  4  5    After the marriage has been solemnized, the officiating
  4  6 minister or magistrate shall:
  4  7    1.  Give each of the parties a certificate of the same.
  4  8    2.  Make return of the certificate of marriage within
  4  9 fifteen days to the county registrar, who issued the marriage
  4 10 license upon the blank provided for that purpose.  
  4 11                           EXPLANATION
  4 12    This bill amends several provisions relating to marriage
  4 13 licenses.
  4 14    The bill amends Code section 595.4 to specify that a
  4 15 marriage license is not valid until three days after the
  4 16 application, rather than the issuance of the license.  The
  4 17 bill also reorganizes the section.
  4 18    The bill amends Code section 595.5 to require that when a
  4 19 name change is indicated on the marriage license, the parties
  4 20 request to have real property records changed to reflect the
  4 21 new names, the parties must attach a description of the real
  4 22 property to the application for a marriage license.  The
  4 23 section is also changed to require indexing of the name
  4 24 change, and to allow a fee to be charged in relation to
  4 25 changing the real property records.  A related change is made
  4 26 to Code section 595.4.
  4 27    The bill amends Code section 595.6 to require filing of the
  4 28 marriage application and return of marriage certificate,
  4 29 rather than the affidavit or certificate.
  4 30    The bill amends Code section 595.10 to specify that judges
  4 31 authorized to solemnize marriages must be Iowa judges.
  4 32    The bill amends Code section 595.13 to delete the
  4 33 requirement of giving a copy of the certificate of marriage to
  4 34 the parties to eliminate potential conflict with Code section
  4 35 144.45 regarding provision of copies of marriage certificates.  
  5  1 LSB 5835HC 78
  5  2 jj/as/5
     

Text: HSB00552                          Text: HSB00554
Text: HSB00500 - HSB00599               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index

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