Text: HF00598                           Text: HF00600
Text: HF00500 - HF00599                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index



House File 599

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 331.605, subsection 6, Code 2001, is
  1  2 amended to read as follows:
  1  3    6.  a.  (1)  For Except as provided in subparagraph (2),
  1  4 for filing an application for the license to marry, thirty-
  1  5 five seventy dollars, which includes payment for one certified
  1  6 copy of the original certificate of marriage, to be issued
  1  7 following filing of the original certificate of marriage, four
  1  8 dollars of which shall be retained by the county pursuant to
  1  9 subsection 5.
  1 10    (2)  For filing an application for the license to marry,
  1 11 five dollars, if the applicants submit and the county
  1 12 registrar approves the certificate of completion of premarital
  1 13 education pursuant to section 595.3B.  The fee includes
  1 14 payment for one certified copy of the original certificate of
  1 15 marriage, to be issued following filing of the original
  1 16 certificate of marriage, which fee shall be retained by the
  1 17 county pursuant to subsection 5.
  1 18    b.  For issuing an application for an order of the district
  1 19 court authorizing the validation of a license to marry before
  1 20 the expiration of three thirty days from the date of issuance
  1 21 of the license, five dollars.  The district court shall
  1 22 authorize the early validation of a marriage license without
  1 23 the payment of any fees imposed in this subsection upon
  1 24 showing that the applicant is unable to pay the fees.
  1 25    Sec. 2.  NEW SECTION.  595.3B  APPLICATION – PREMARITAL
  1 26 EDUCATION.
  1 27    1.  An application form for a marriage license shall have
  1 28 attached a certificate form to be used by the parties to
  1 29 document completion of premarital education by the parties.
  1 30 The certificate shall be completed by the parties and signed
  1 31 by the person who provided the premarital education.  The
  1 32 certificate shall require provision of all of the following
  1 33 information:
  1 34    a.  The name of the person providing the premarital
  1 35 education and the person's signature verifying completion of
  2  1 the premarital education by the parties.
  2  2    b.  The number of hours of premarital education completed.
  2  3    c.  Whether the premarital education was provided by
  2  4 personal instruction, videotaped instruction, instruction via
  2  5 other electronic media, or a combination of these methods.
  2  6    2.  Only premarital education provided by the following
  2  7 persons meet the requirements of provision of premarital
  2  8 education under this section:
  2  9    a.  A  person ordained or designated as a leader of a
  2 10 party's religious faith.
  2 11    b.  A person licensed to practice psychology pursuant to
  2 12 chapter 154B.
  2 13    c.  A person licensed to practice social work pursuant to
  2 14 chapter 154C.
  2 15    d.  A person licensed to practice marital and family
  2 16 therapy pursuant to chapter 154D.
  2 17    3.  If the parties applying for a license to marry complete
  2 18 the premarital education certificate and the certificate is
  2 19 approved, the parties shall pay a fee of only five dollars
  2 20 pursuant to section 331.605, subsection 6.
  2 21    Sec. 3.  Section 595.4, Code 2001, is amended to read as
  2 22 follows:
  2 23    595.4  AGE AND QUALIFICATION – VERIFIED APPLICATION –
  2 24 WAITING PERIOD – EXCEPTION.
  2 25    1.  Previous to the issuance of any license to marry, the
  2 26 parties desiring the license shall sign and file a verified
  2 27 application with the county registrar which application either
  2 28 may be mailed to the parties at their request or may be signed
  2 29 by them at the office of the county registrar in the county in
  2 30 which the license is to be issued.  The application shall
  2 31 include the social security number of each applicant and shall
  2 32 set forth at least one affidavit of some competent and
  2 33 disinterested person stating the facts as to age and
  2 34 qualification of the parties.  Upon the filing of the
  2 35 application for a license to marry, the county registrar shall
  3  1 file the application in a record kept for that purpose and
  3  2 shall take all necessary steps to ensure the confidentiality
  3  3 of the social security number of each applicant.  All
  3  4 information included on an application may be provided as
  3  5 mutually agreed upon by the division of records and statistics
  3  6 and the child support recovery unit, including by automated
  3  7 exchange.
  3  8    2.  Upon receipt of a verified application, the county
  3  9 registrar may issue the license which shall not become valid
  3 10 until the expiration of three days after the date of issuance
  3 11 of the license.  If the license has not been issued within six
  3 12 months from the date of the application, the application is
  3 13 void.
  3 14    3.  A license that is issued under subsection 2, shall
  3 15 become valid as follows:
  3 16    a.  If the parties desiring the license have participated
  3 17 in premarital education and have documented completion of
  3 18 premarital education in accordance with section 595.3B, the
  3 19 license shall become valid upon the date of issuance of the
  3 20 license.
  3 21    b.  If the parties desiring the license have not
  3 22 participated in premarital education and have not documented
  3 23 completion of premarital education in accordance with section
  3 24 595.3B, the license shall not become valid until the
  3 25 expiration of thirty days after the date of issuance of the
  3 26 license.
  3 27    4.  A license to marry may be validated prior to the
  3 28 expiration of three thirty days from the date of issuance of
  3 29 the license in cases of emergency or extraordinary
  3 30 circumstances.  An order authorizing the validation of a
  3 31 license may be granted by a judge of the district court under
  3 32 conditions of emergency or extraordinary circumstances upon
  3 33 application of the parties filed with the county registrar.
  3 34 No order may be granted unless the parties have filed an
  3 35 application for a marriage license in a county within the
  4  1 judicial district.  An application for an order shall be made
  4  2 on forms furnished by the county registrar at the same time
  4  3 the application for the license to marry is made.  After
  4  4 examining the application for the marriage license and issuing
  4  5 the license, the county registrar shall refer the parties to a
  4  6 judge of the district court for action on the application for
  4  7 an order authorizing the validation of a marriage license
  4  8 prior to expiration of three thirty days from the date of
  4  9 issuance of the license.  The judge shall, if satisfied as to
  4 10 the existence of an emergency or extraordinary circumstances,
  4 11 grant an order authorizing the validation of a license to
  4 12 marry prior to the expiration of three thirty days from the
  4 13 date of issuance of the license to marry.  The county
  4 14 registrar shall validate a license to marry upon presentation
  4 15 by the parties of the order authorizing a license to be
  4 16 validated.  A fee of five dollars shall be paid to the county
  4 17 registrar at the time the application for the order is made,
  4 18 which fee is in addition to the fee prescribed by law for the
  4 19 issuance of a marriage license.  
  4 20                           EXPLANATION
  4 21    This bill establishes options for premarital education,
  4 22 which if completed and documented in a certificate attached to
  4 23 a marriage license application allow the parties applying for
  4 24 the marriage license to pay only a $5 fee for the filing of
  4 25 the marriage license application.  If the parties do not
  4 26 complete premarital education, the fee for filing a marriage
  4 27 license application is $70.
  4 28    The bill specifies the persons who may provide the
  4 29 premarital education in order to meet the requirements of the
  4 30 bill and specifies the other information which must be
  4 31 provided by the applicants in order to pay the reduced
  4 32 marriage license application fee.
  4 33    The bill also provides that if the parties complete
  4 34 premarital education, the marriage license is valid upon the
  4 35 date of the issuance of the license.  If the parties do not
  5  1 participate in premarital education, the license is not valid
  5  2 until the expiration of 30 days from the date of issuance of
  5  3 the license.  
  5  4 LSB 3008YH 79
  5  5 pf/gg/8
     

Text: HF00598                           Text: HF00600
Text: HF00500 - HF00599                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

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