Text: H08360                            Text: H08362
Text: H08300 - H08399                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index



House Amendment 8361

Amendment Text

PAG LIN
  1  1    Amend House File 2455 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 2003, is amended to read as follows:
  1  6    6.  For filing an application for the license to
  1  7 marry, thirty-five dollars, which includes payment for
  1  8 one certified copy of the original certificate of
  1  9 marriage, to be issued following filing of the
  1 10 original certificate of marriage, four dollars of
  1 11 which shall be retained by the county pursuant to
  1 12 subsection 5.  For issuing an application for an order
  1 13 of the district court authorizing the validation of a
  1 14 license to marry before the expiration of three days
  1 15 from the date of issuance of the license, or for
  1 16 issuing an application for an order of the district
  1 17 court authorizing the issuance of a license to marry
  1 18 without verified completion of premarital education as
  1 19 required by section 595.3, five dollars.  The district
  1 20 court shall authorize the early validation of a
  1 21 marriage license or the issuance of a marriage license
  1 22 without completion of required premarital education
  1 23 without the payment of any fees imposed in this
  1 24 subsection upon showing that the applicant is unable
  1 25 to pay the fees.
  1 26    Sec. 2.  Section 595.3, Code 2003, is amended by
  1 27 adding the following new subsection:
  1 28    NEW SUBSECTION.  6.  Where the parties have not
  1 29 completed at least six hours of premarital education
  1 30 as described in section 595.3B, unless the requirement
  1 31 is waived in accordance with section 595.4.
  1 32    Sec. 3.  NEW SECTION.  595.3B  APPLICATION –
  1 33 PREMARITAL EDUCATION.
  1 34    1.  An application form for a marriage license
  1 35 shall have attached a certificate form to be used by
  1 36 the parties to document completion of the premarital
  1 37 education by the parties as required for the granting
  1 38 of a license to marry pursuant to section 595.3.  The
  1 39 certificate shall be completed by the parties and
  1 40 signed by the person who provided the premarital
  1 41 education.  The certificate shall be filed with the
  1 42 verified application in accordance with section 595.4.
  1 43 The certificate shall contain all of the following
  1 44 information:
  1 45    a.  The name of the person providing the premarital
  1 46 education and the person's signature verifying
  1 47 completion of the premarital education by the parties.
  1 48    b.  The number of hours of premarital education
  1 49 completed.
  1 50    2.  The premarital education shall be provided only
  2  1 by any of the following persons:
  2  2    a.  A person ordained or designated as the leader
  2  3 of a party's religious faith or the person's designee.
  2  4    b.  A person licensed to practice psychology
  2  5 pursuant to chapter 154B.
  2  6    c.  A person licensed to practice social work
  2  7 pursuant to chapter 154C.
  2  8    d.  A person licensed to practice marital and
  2  9 family therapy pursuant to chapter 154D.
  2 10    Sec. 4.  Section 595.4, Code 2003, is amended to
  2 11 read as follows:
  2 12    595.4  AGE AND QUALIFICATION – PREMARITAL
  2 13 EDUCATION – VERIFIED APPLICATION – WAITING PERIOD –
  2 14 EXCEPTION EXCEPTIONS.
  2 15    1.  Previous to the issuance of any license to
  2 16 marry, the parties desiring the license shall sign and
  2 17 file a verified application with the county registrar
  2 18 which application either may be mailed to the parties
  2 19 at their request or may be signed by them at the
  2 20 office of the county registrar in the county in which
  2 21 the license is to be issued.  The application shall
  2 22 include the social security number of each applicant
  2 23 and shall set forth at least one affidavit of some
  2 24 competent and disinterested person stating the facts
  2 25 as to age and qualification of the parties.  The
  2 26 application shall also include the completed
  2 27 certificate of premarital education.  Upon the filing
  2 28 of the application for a license to marry, the county
  2 29 registrar shall file the application in a record kept
  2 30 for that purpose and shall take all necessary steps to
  2 31 ensure the confidentiality of the social security
  2 32 number of each applicant.  All information included on
  2 33 an application may be provided as mutually agreed upon
  2 34 by the division of records and statistics and the
  2 35 child support recovery unit, including by automated
  2 36 exchange.
  2 37    2.  a.  Upon receipt of a verified application
  2 38 including the complete certificate of premarital
  2 39 education, the county registrar may issue the license
  2 40 which shall not become valid until the expiration of
  2 41 three days after the date of issuance of the license.
  2 42 If the license has not been issued within six months
  2 43 from the date of the application, the application is
  2 44 void.
  2 45    b.  A license to marry may be issued if the
  2 46 verified application does not include a completed
  2 47 certificate of premarital education in cases of
  2 48 emergency, extraordinary circumstances, or for good
  2 49 cause.  An order authorizing the issuance of a license
  2 50 may be granted by a judge of the district court under
  3  1 conditions of emergency, extraordinary circumstances,
  3  2 or for good cause, upon application of the parties
  3  3 filed with the county registrar.  An order shall not
  3  4 be granted unless the parties have filed an
  3  5 application for a marriage license in a county within
  3  6 the judicial district.  An application for an order
  3  7 shall be made on a form furnished by the county
  3  8 registrar at the same time the verified application
  3  9 for the license to marry is filed.  After examining
  3 10 the application for the marriage license, the county
  3 11 registrar shall refer the parties to a judge of the
  3 12 district court for action on the application for an
  3 13 order authorizing the issuance of a marriage license
  3 14 without verified completion of the required premarital
  3 15 education.  The judge shall, if satisfied as to the
  3 16 existence of emergency, extraordinary circumstances,
  3 17 or good cause, grant such an order.  The county
  3 18 registrar shall issue a license to marry upon
  3 19 presentation by the parties of the order authorizing
  3 20 such issuance.  A fee of five dollars shall be paid to
  3 21 the county registrar at the time the application for
  3 22 the order is made, which fee is in addition to the fee
  3 23 prescribed by law for the issuance of a marriage
  3 24 license.
  3 25    3.  A license to marry may be validated prior to
  3 26 the expiration of three days from the date of issuance
  3 27 of the license in cases of emergency or extraordinary
  3 28 circumstances.  An order authorizing the validation of
  3 29 a license may be granted by a judge of the district
  3 30 court under conditions of emergency or extraordinary
  3 31 circumstances upon application of the parties filed
  3 32 with the county registrar.  No order may be granted
  3 33 unless the parties have filed an application for a
  3 34 marriage license in a county within the judicial
  3 35 district.  An application for an order shall be made
  3 36 on forms furnished by the county registrar at the same
  3 37 time the application for the license to marry is made.
  3 38 After examining the application for the marriage
  3 39 license and issuing the license, the county registrar
  3 40 shall refer the parties to a judge of the district
  3 41 court for action on the application for an order
  3 42 authorizing the validation of a marriage license prior
  3 43 to expiration of three days from the date of issuance
  3 44 of the license.  The judge shall, if satisfied as to
  3 45 the existence of an emergency or extraordinary
  3 46 circumstances, grant an order authorizing the
  3 47 validation of a license to marry prior to the
  3 48 expiration of three days from the date of issuance of
  3 49 the license to marry.  The county registrar shall
  3 50 validate a license to marry upon presentation by the
  4  1 parties of the order authorizing a license to be
  4  2 validated.  A fee of five dollars shall be paid to the
  4  3 county registrar at the time the application for the
  4  4 order is made, which fee is in addition to the fee
  4  5 prescribed by law for the issuance of a marriage
  4  6 license.
  4  7    Sec. 5.  NEW SECTION.  598.7B  PARENTING PLANS.
  4  8    1.  Beginning October 1, 2004, the parties to a
  4  9 petition for dissolution of marriage, annulment, or
  4 10 separate maintenance that involves minor children or
  4 11 to an application for a motion to modify an order
  4 12 involving custody or visitation shall submit a
  4 13 proposed parenting plan, either individually or
  4 14 jointly, within thirty days after the service of
  4 15 process of the petition for dissolution of marriage,
  4 16 annulment, or separate maintenance, or the application
  4 17 for a motion to modify an order involving custody or
  4 18 visitation.  The proposed parenting plan shall specify
  4 19 the arrangements that the party believes to be in the
  4 20 best interest of any minor child and shall specify
  4 21 other details as required by rules prescribed by the
  4 22 supreme court.
  4 23    2.  The supreme court shall prescribe rules no
  4 24 later than September 1, 2004, establishing guidelines
  4 25 for a parenting plan form which may be used by the
  4 26 parties in any dissolution of marriage, annulment,
  4 27 legal separation, or modification proceeding involving
  4 28 the issues of custody and visitation.  Beginning
  4 29 September 1, 2004, the clerk of the district court
  4 30 shall furnish parenting plan forms to the parties in a
  4 31 dissolution of marriage, annulment, or separate
  4 32 maintenance action or modification proceeding
  4 33 involving custody or visitation, without cost to the
  4 34 parties.
  4 35    Sec. 6.  EFFECTIVE DATE.  The provision of the
  4 36 section of this Act enacting section 598.7B that
  4 37 directs the supreme court to prescribe rules regarding
  4 38 the guidelines for parenting plans, being deemed of
  4 39 immediate importance, takes effect upon enactment."
  4 40    #2.  Title page, line 1, by striking the words
  4 41 "covenant marriages" and inserting the following:
  4 42 "marriage and domestic relations requirements".  
  4 43 
  4 44 
  4 45                               
  4 46 
  4 47 
  4 48                               
  4 49 
  4 50 
  5  1                               
  5  2 CARROLL of Poweshiek 
  5  3 HF 2455.202 80
  5  4 pf/sh
     

Text: H08360                            Text: H08362
Text: H08300 - H08399                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index

Return To Home index


© 2004 Cornell College and League of Women Voters of Iowa


Comments about this site or page? webmaster@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.

Last update: Fri Apr 2 03:30:46 CST 2004
URL: /DOCS/GA/80GA/Legislation/H/08300/H08361/040401.html
jhf