Senate File 217
SENATE FILE
BY SCHUERER
Passed Senate, Date Passed House, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to marriage license conditions and procedures
2 including premarital education and marriage license fees.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 1436SS 80
5 pf/pj/5
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) For Except as provided in subparagraph (2),
1 4 for filing an application for the license to marry, thirty=
1 5 five fifty 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. For Unless 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 23 three thirty 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. Previous Prior 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 license which shall not become valid
3 16 until the expiration of three days after the date of issuance
3 17 of 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. A If the parties are subject to subsection 3, paragraph
3 34 "b", a license to marry may be validated prior to the
3 35 expiration of three thirty 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 6 No An order may shall 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 of three thirty 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 of three thirty 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
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