Text: SF00216 Text: SF00218 Text: SF00200 - SF00299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 331.605, subsection 6, Code 2003, is 1 2 amended to read as follows: 1 3 6. a. (1)ForExcept as provided in subparagraph (2), 1 4 for filing an application for the license to marry,thirty-1 5fivefifty 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 and fifteen dollars of which shall be retained by 1 10 the county recorder. 1 11 (2) For filing an application for the license to marry, 1 12 twenty dollars, if the applicants submit and the county 1 13 registrar approves the certificate of completion of premarital 1 14 education pursuant to section 595.3B. The fee includes 1 15 payment for one certified copy of the original certificate of 1 16 marriage, to be issued following filing of the original 1 17 certificate of marriage. Four dollars of the fee shall be 1 18 retained by the county pursuant to subsection 5. 1 19 b.ForUnless a license becomes valid in accordance with 1 20 section 595.4, subsection 3, paragraph "a", for issuing an 1 21 application for an order of the district court authorizing the 1 22 validation of a license to marry before the expiration of 1 23threethirty days from the date of issuance of the license, 1 24 five dollars. The district court shall authorize the early 1 25 validation of a marriage license without the payment of any 1 26 fees imposed in this subsection upon showing that the 1 27 applicant is unable to pay the fees. 1 28 Sec. 2. NEW SECTION. 595.3B APPLICATION – PREMARITAL 1 29 EDUCATION. 1 30 1. An application form for a marriage license shall have 1 31 attached a certificate form to be used by the parties to 1 32 document completion of premarital education by the parties. 1 33 The certificate shall be completed by the parties and signed 1 34 by the person who provided the premarital education. The 1 35 certificate shall require provision of all of the following 2 1 information: 2 2 a. The name of the person providing the premarital 2 3 education and the person's signature verifying completion of 2 4 the premarital education by the parties. 2 5 b. The number of hours of premarital education completed. 2 6 c. Whether the premarital education was provided by 2 7 personal instruction, videotaped instruction, instruction via 2 8 other electronic media, or a combination of these methods. 2 9 2. Only premarital education provided by the following 2 10 persons meets the requirement of provision of premarital 2 11 education under this section: 2 12 a. A person ordained or designated as a leader of a 2 13 party's religious faith or the person's designee. 2 14 b. A person licensed to practice psychology pursuant to 2 15 chapter 154B or licensed to practice psychology in any other 2 16 state. 2 17 c. A person licensed to practice social work pursuant to 2 18 chapter 154C or licensed to practice social work in any other 2 19 state. 2 20 d. A person licensed to practice marital and family 2 21 therapy pursuant to chapter 154D or licensed to practice 2 22 marital and family therapy in any other state. 2 23 3. If the parties applying for a license to marry complete 2 24 the premarital education certificate and the certificate is 2 25 approved, the parties shall pay a license fee of only twenty 2 26 dollars pursuant to section 331.605, subsection 6. 2 27 Sec. 3. Section 595.4, Code 2003, is amended to read as 2 28 follows: 2 29 595.4 AGE AND QUALIFICATION – VERIFIED APPLICATION – 2 30 WAITING PERIOD – EXCEPTION. 2 31 1.PreviousPrior to the issuance of any license to marry, 2 32 the parties desiring the license shall sign and file a 2 33 verified application with the county registrar which 2 34 application either may be mailed to the parties at their 2 35 request or may be signed by them at the office of the county 3 1 registrar in the county in which the license is to be issued. 3 2 The application shall include the social security number of 3 3 each applicant and shall set forth at least one affidavit of 3 4 some competent and disinterested person stating the facts as 3 5 to age and qualification of the parties. Upon the filing of 3 6 the application for a license to marry, the county registrar 3 7 shall file the application in a record kept for that purpose 3 8 and shall take all necessary steps to ensure the 3 9 confidentiality of the social security number of each 3 10 applicant. All information included on an application may be 3 11 provided as mutually agreed upon by the division of records 3 12 and statistics and the child support recovery unit, including 3 13 by automated exchange. 3 14 2. Upon receipt of a verified application, the county 3 15 registrar may issue the licensewhich shall not become valid3 16until the expiration of three days after the date of issuance3 17of the license. If the license has not been issued within six 3 18 months from the date of the application, the application is 3 19 void. 3 20 3. A license issued under subsection 2 shall become valid 3 21 as follows: 3 22 a. If the parties desiring the license have participated 3 23 in premarital education and have documented completion of 3 24 premarital education in accordance with section 595.3B, the 3 25 license shall become valid upon the expiration of three days 3 26 after the date of issuance of the license. 3 27 b. If the parties desiring the license have not 3 28 participated in premarital education and have not documented 3 29 completion of premarital education in accordance with section 3 30 595.3B, the license shall not become valid until the 3 31 expiration of thirty days after the date of issuance of the 3 32 license. 3 33 4.AIf the parties are subject to subsection 3, paragraph 3 34 "b", a license to marry may be validated prior to the 3 35 expiration ofthreethirty days from the date of issuance of 4 1 the license in cases of emergency or extraordinary 4 2 circumstances. An order authorizing the validation of a 4 3 license may be granted by a judge of the district court under 4 4 conditions of emergency or extraordinary circumstances upon 4 5 application of the parties filed with the county registrar. 4 6NoAn ordermayshall not be granted unless the parties have 4 7 filed an application for a marriage license in a county within 4 8 the judicial district. An application for an order shall be 4 9 made on forms furnished by the county registrar at the same 4 10 time the application for the license to marry is made. After 4 11 examining the application for the marriage license and issuing 4 12 the license, the county registrar shall refer the parties to a 4 13 judge of the district court for action on the application for 4 14 an order authorizing the validation of a marriage license 4 15 prior to expiration ofthreethirty days from the date of 4 16 issuance of the license. The judge shall, if satisfied as to 4 17 the existence of an emergency or extraordinary circumstances, 4 18 grant an order authorizing the validation of a license to 4 19 marry prior to the expiration ofthreethirty days from the 4 20 date of issuance of the license to marry. The county 4 21 registrar shall validate a license to marry upon presentation 4 22 by the parties of the order authorizing a license to be 4 23 validated. A fee of five dollars shall be paid to the county 4 24 registrar at the time the application for the order is made, 4 25 which fee is in addition to the fee prescribed by law for the 4 26 issuance of a marriage license. 4 27 EXPLANATION 4 28 This bill relates to marriage license conditions and 4 29 procedures. The bill changes the marriage license fee from 4 30 the current fee of $35 so that the fee is $50 for a license 4 31 unless the parties have completed premarital education, in 4 32 which case the fee is reduced to $20. 4 33 The bill provides that the application form for a marriage 4 34 license is to have attached a certificate form to be used by 4 35 the parties to document completion of premarital education. 5 1 The certificate is to be completed by the parties and signed 5 2 by the person who provided the premarital education. The bill 5 3 specifies the information to be included on the certificate 5 4 and specifies the persons who meet the requirements to provide 5 5 premarital education. 5 6 The bill provides that if the parties have completed and 5 7 documented completion of premarital education, a license to 5 8 marry becomes valid three days after the date of issuance of 5 9 the license, but if the parties have not completed and 5 10 documented completion of premarital education, the license to 5 11 marry does not become valid until 30 days after the date of 5 12 issuance of the license. The bill provides that a license to 5 13 marry which would not become valid until 30 days following the 5 14 issuance of the license may be validated before expiration of 5 15 the 30 days in cases of emergency or extraordinary 5 16 circumstances. 5 17 LSB 1436SS 80 5 18 pf/pj/5
Text: SF00216 Text: SF00218 Text: SF00200 - SF00299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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