Text: S05403                            Text: S05405
Text: S05400 - S05499                   Text: S Index
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Senate Amendment 5404

Amendment Text

PAG LIN
  1  1    Amend Senate File 2258 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 the
  1 15 number of days specified in section 595.4, from the
  1 16 date of issuance of the license, five dollars.  The
  1 17 district court shall authorize the early validation of
  1 18 a marriage license without the payment of any fees
  1 19 imposed in this subsection upon showing that the
  1 20 applicant is unable to pay the fees.
  1 21    Sec. 2.  NEW SECTION.  595.3B  APPLICATION –
  1 22 PREMARITAL EDUCATION.
  1 23    1.  An application form for a marriage license
  1 24 shall have attached a certificate form to be used by
  1 25 the parties to document completion of premarital
  1 26 education by the parties.  The certificate shall be
  1 27 completed by the parties and signed by the person who
  1 28 provided the premarital education.  The certificate
  1 29 shall be filed with the verified application in
  1 30 accordance with section 595.4.  The certificate form
  1 31 shall require provision of all of the following
  1 32 information:
  1 33    a.  The name of the person providing the premarital
  1 34 education and the person's signature verifying
  1 35 completion of the premarital education by the parties.
  1 36    b.  The number of hours of premarital education
  1 37 completed.
  1 38    2.  Only premarital education provided by the
  1 39 following persons shall be accepted to document
  1 40 completion under this section:
  1 41    a.  A person ordained or designated as a leader of
  1 42 a party's religious faith or the person's designee.
  1 43    b.  A person licensed to practice psychology
  1 44 pursuant to chapter 154B.
  1 45    c.  A person licensed to practice social work as a
  1 46 licensed master social worker or a licensed
  1 47 independent social worker pursuant to chapter 154C.
  1 48    d.  A person licensed to practice marital and
  1 49 family therapy or mental health counseling pursuant to
  1 50 chapter 154D.
  2  1    e.  An advanced registered nurse practitioner
  2  2 licensed pursuant to chapter 152 who specializes in
  2  3 adult psychiatric services.
  2  4    Sec. 3.  Section 595.4, Code 2003, is amended to
  2  5 read as follows:
  2  6    595.4  AGE AND QUALIFICATION – VERIFIED
  2  7 APPLICATION – WAITING PERIOD – EXCEPTION EXCEPTIONS.
  2  8    1.  Previous Prior to the issuance of any license
  2  9 to marry, the parties desiring the license shall sign
  2 10 and file a verified application with the county
  2 11 registrar which application either may be mailed to
  2 12 the parties at their request or may be signed by them
  2 13 at the office of the county registrar in the county in
  2 14 which the license is to be issued.  The application
  2 15 shall include the social security number of each
  2 16 applicant and shall set forth at least one affidavit
  2 17 of some competent and disinterested person stating the
  2 18 facts as to age and qualification of the parties.
  2 19 Upon the filing of the application for a license to
  2 20 marry, the county registrar shall file the application
  2 21 in a record kept for that purpose and shall take all
  2 22 necessary steps to ensure the confidentiality of the
  2 23 social security number of each applicant.  All
  2 24 information included on an application may be provided
  2 25 as mutually agreed upon by the division of records and
  2 26 statistics and the child support recovery unit,
  2 27 including by automated exchange.
  2 28    2.  Upon receipt of a verified application, the
  2 29 county registrar may issue the license which shall not
  2 30 become valid until the expiration of three days after
  2 31 the date of issuance of the license.  If the license
  2 32 has not been issued within six months from the date of
  2 33 the application, the application is void.
  2 34    3.  A license issued under subsection 2 shall
  2 35 become valid as follows:
  2 36    a.  If the parties desiring the license have
  2 37 participated in premarital education and submit
  2 38 documentation verifying completion of premarital
  2 39 education in accordance with section 595.3B, the
  2 40 license shall become valid upon the expiration of
  2 41 three days after the date of issuance of the license.
  2 42    b.  If the parties desiring the license have not
  2 43 participated in premarital education or do not submit
  2 44 documentation verifying completion of premarital
  2 45 education in accordance with section 595.3B, the
  2 46 license shall not become valid until the expiration of
  2 47 twenty days after the date of issuance of the license.
  2 48    4.  A license to marry may be validated prior to
  2 49 the expiration of three the number of days specified
  2 50 in subsection 3 from the date of issuance of the
  3  1 license in cases of emergency or extraordinary
  3  2 circumstances.  An order authorizing the validation of
  3  3 a license may be granted by a judge of the district
  3  4 court under conditions of emergency or extraordinary
  3  5 circumstances upon application of the parties filed
  3  6 with the county registrar.  No An order may shall not
  3  7 be granted unless the parties have filed an
  3  8 application for a marriage license in a county within
  3  9 the judicial district.  An application for an order
  3 10 shall be made on forms furnished by the county
  3 11 registrar at the same time the application for the
  3 12 license to marry is made.  After examining the
  3 13 application for the marriage license and issuing the
  3 14 license, the county registrar shall refer the parties
  3 15 to a judge of the district court for action on the
  3 16 application for an order authorizing the validation of
  3 17 a marriage license prior to expiration of three the
  3 18 number of days specified in subsection 3 from the date
  3 19 of issuance of the license.  The judge shall, if
  3 20 satisfied as to the existence of an emergency or
  3 21 extraordinary circumstances, grant an order
  3 22 authorizing the validation of a license to marry prior
  3 23 to the expiration of three the number of days
  3 24 specified in subsection 3 from the date of issuance of
  3 25 the license to marry.  The county registrar shall
  3 26 validate a license to marry upon presentation by the
  3 27 parties of the order authorizing a license to be
  3 28 validated.  A fee of five dollars shall be paid to the
  3 29 county registrar at the time the application for the
  3 30 order is made, which fee is in addition to the fee
  3 31 prescribed by law for the issuance of a marriage
  3 32 license.
  3 33    Sec. 4.  NEW SECTION.  598.7B  PARENTING PLANS.
  3 34    1.  Beginning October 1, 2004, the parties to a
  3 35 petition for dissolution of marriage, annulment, or
  3 36 separate maintenance that involves minor children or
  3 37 to an application for a motion to modify an order
  3 38 involving custody or visitation shall submit a
  3 39 proposed parenting plan, either individually or
  3 40 jointly, within thirty days after the service of
  3 41 process of the petition for dissolution of marriage,
  3 42 annulment, or separate maintenance, or the application
  3 43 for a motion to modify an order involving custody or
  3 44 visitation.  The proposed parenting plan shall specify
  3 45 the arrangements that the party believes to be in the
  3 46 best interest of any minor child and shall specify
  3 47 other details as required by rules prescribed by the
  3 48 supreme court.
  3 49    2.  The supreme court shall prescribe rules no
  3 50 later than September 1, 2004, establishing guidelines
  4  1 for a parenting plan form which may be used by the
  4  2 parties in any dissolution of marriage, annulment,
  4  3 legal separation, or modification proceeding involving
  4  4 the issues of custody and visitation.  Beginning
  4  5 September 1, 2004, the clerk of the district court
  4  6 shall furnish parenting plan forms to the parties in a
  4  7 dissolution of marriage, annulment, or separate
  4  8 maintenance action or modification proceeding
  4  9 involving custody or visitation, without cost to the
  4 10 parties.
  4 11    Sec. 5.  EFFECTIVE DATE.  The provision of the
  4 12 section of this Act enacting section 598.7B that
  4 13 directs the supreme court to prescribe rules regarding
  4 14 the guidelines for parenting plans, being deemed of
  4 15 immediate importance, takes effect upon enactment."
  4 16    #2.  Title page, by striking line 1 and inserting
  4 17 the following:  "An Act establishing marriage and
  4 18 domestic relations requirements and providing an
  4 19 effective date." 
  4 20 
  4 21 
  4 22                               
  4 23 NEAL SCHUERER
  4 24 SF 2258.501 80
  4 25 pf/pj
     

Text: S05403                            Text: S05405
Text: S05400 - S05499                   Text: S Index
Bills and Amendments: General Index     Bill History: General Index

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