Text: S05092 Text: S05094 Text: S05000 - S05099 Text: S Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Amend Senate File 2106 as follows: 1 2 #1. By striking everything after the enacting 1 3 clause and inserting the following: 1 4 "Section 1. Section 331.605, subsection 6, Code 1 5 2001, is amended to read as follows: 1 6 6. a. (1)ForExcept as provided in subparagraph 1 7 (2), for filing an application for the license to 1 8 marry,thirty-fivefifty dollars, which includes 1 9 payment for one certified copy of the original 1 10 certificate of marriage, to be issued following filing 1 11 of the original certificate of marriage, four dollars 1 12 of which shall be retained by the county pursuant to 1 13 subsection 5 and fifteen dollars of which shall be 1 14 retained by the county recorder. 1 15 (2) For filing an application for the license to 1 16 marry, twenty dollars, if the applicants submit and 1 17 the county registrar approves the certificate of 1 18 completion of premarital education pursuant to section 1 19 595.3B. The fee includes payment for one certified 1 20 copy of the original certificate of marriage, to be 1 21 issued following filing of the original certificate of 1 22 marriage. Four dollars of the fee shall be retained 1 23 by the county pursuant to subsection 5. 1 24 b.ForUnless a license becomes valid in 1 25 accordance with section 595.4, subsection 3, paragraph 1 26 "a", for issuing an application for an order of the 1 27 district court authorizing the validation of a license 1 28 to marry before the expiration ofthreethirty days 1 29 from the date of issuance of the license, five 1 30 dollars. The district court shall authorize the early 1 31 validation of a marriage license without the payment 1 32 of any fees imposed in this subsection upon showing 1 33 that the applicant is unable to pay the fees. 1 34 Sec. 2. NEW SECTION. 595.3B APPLICATION – 1 35 PREMARITAL EDUCATION. 1 36 1. An application form for a marriage license 1 37 shall have attached a certificate form to be used by 1 38 the parties to document completion of premarital 1 39 education by the parties. The certificate shall be 1 40 completed by the parties and signed by the person who 1 41 provided the premarital education. The certificate 1 42 shall require provision of all of the following 1 43 information: 1 44 a. The name of the person providing the premarital 1 45 education and the person's signature verifying 1 46 completion of the premarital education by the parties. 1 47 b. The number of hours of premarital education 1 48 completed. 1 49 c. Whether the premarital education was provided 1 50 by personal instruction, videotaped instruction, 2 1 instruction via other electronic media, or a 2 2 combination of these methods. 2 3 2. Only premarital education provided by the 2 4 following persons meets the requirement of provision 2 5 of premarital education under this section: 2 6 a. A person ordained or designated as a leader of 2 7 a party's religious faith or the person's designee. 2 8 b. A person licensed to practice psychology 2 9 pursuant to chapter 154B. 2 10 c. A person licensed to practice social work 2 11 pursuant to chapter 154C. 2 12 d. A person licensed to practice marital and 2 13 family therapy pursuant to chapter 154D. 2 14 3. If the parties applying for a license to marry 2 15 complete the premarital education certificate and the 2 16 certificate is approved, the parties shall pay a 2 17 license fee of only twenty dollars pursuant to section 2 18 331.605, subsection 6. 2 19 Sec. 3. Section 595.4, Code 2001, is amended to 2 20 read as follows: 2 21 595.4 AGE AND QUALIFICATION – VERIFIED 2 22 APPLICATION – WAITING PERIOD – EXCEPTION. 2 23 1.PreviousPrior to the issuance of any license 2 24 to marry, the parties desiring the license shall sign 2 25 and file a verified application with the county 2 26 registrar which application either may be mailed to 2 27 the parties at their request or may be signed by them 2 28 at the office of the county registrar in the county in 2 29 which the license is to be issued. The application 2 30 shall include the social security number of each 2 31 applicant and shall set forth at least one affidavit 2 32 of some competent and disinterested person stating the 2 33 facts as to age and qualification of the parties. 2 34 Upon the filing of the application for a license to 2 35 marry, the county registrar shall file the application 2 36 in a record kept for that purpose and shall take all 2 37 necessary steps to ensure the confidentiality of the 2 38 social security number of each applicant. All 2 39 information included on an application may be provided 2 40 as mutually agreed upon by the division of records and 2 41 statistics and the child support recovery unit, 2 42 including by automated exchange. 2 43 2. Upon receipt of a verified application, the 2 44 county registrar may issue the licensewhich shall not2 45become valid until the expiration of three days after2 46the date of issuance of the license. If the license 2 47 has not been issued within six months from the date of 2 48 the application, the application is void. 2 49 3. A license issued under subsection 2 shall 2 50 become valid as follows: 3 1 a. If the parties desiring the license have 3 2 participated in premarital education and have 3 3 documented completion of premarital education in 3 4 accordance with section 595.3B, the license shall 3 5 become valid upon the expiration of three days after 3 6 the date of issuance of the license. 3 7 b. If the parties desiring the license have not 3 8 participated in premarital education and have not 3 9 documented completion of premarital education in 3 10 accordance with section 595.3B, the license shall not 3 11 become valid until the expiration of thirty days after 3 12 the date of issuance of the license. 3 13 4.AIf the parties are subject to subsection 3, 3 14 paragraph "b", a license to marry may be validated 3 15 prior to the expiration ofthreethirty days from the 3 16 date of issuance of the license in cases of emergency 3 17 or extraordinary circumstances. An order authorizing 3 18 the validation of a license may be granted by a judge 3 19 of the district court under conditions of emergency or 3 20 extraordinary circumstances upon application of the 3 21 parties filed with the county registrar.NoAn order 3 22mayshall not be granted unless the parties have filed 3 23 an application for a marriage license in a county 3 24 within the judicial district. An application for an 3 25 order shall be made on forms furnished by the county 3 26 registrar at the same time the application for the 3 27 license to marry is made. After examining the 3 28 application for the marriage license and issuing the 3 29 license, the county registrar shall refer the parties 3 30 to a judge of the district court for action on the 3 31 application for an order authorizing the validation of 3 32 a marriage license prior to expiration ofthreethirty 3 33 days from the date of issuance of the license. The 3 34 judge shall, if satisfied as to the existence of an 3 35 emergency or extraordinary circumstances, grant an 3 36 order authorizing the validation of a license to marry 3 37 prior to the expiration ofthreethirty days from the 3 38 date of issuance of the license to marry. The county 3 39 registrar shall validate a license to marry upon 3 40 presentation by the parties of the order authorizing a 3 41 license to be validated. A fee of five dollars shall 3 42 be paid to the county registrar at the time the 3 43 application for the order is made, which fee is in 3 44 addition to the fee prescribed by law for the issuance 3 45 of a marriage license. 3 46 Sec. 4. Section 598.17, Code 2001, is amended by 3 47 adding the following new unnumbered paragraph: 3 48 NEW UNNUMBERED PARAGRAPH. A decree dissolving a 3 49 marriage shall not be entered unless the court finds 3 50 clear and convincing evidence that dissolution of the 4 1 marriage is in the best interests of each minor child 4 2 of the parties." 4 3 #2. Title page, by striking lines 1 and 2, and 4 4 inserting the following: "An Act relating to marriage 4 5 including premarital education, marriage license fees, 4 6 and continuation of marriage." 4 7 4 8 4 9 4 10 NEAL SCHUERER 4 11 SF 2106.305 79 4 12 pf/cf
Text: S05092 Text: S05094 Text: S05000 - S05099 Text: S Index Bills and Amendments: General Index Bill History: General Index
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