House File 2126 - Introduced HOUSE FILE 2126 BY TJEPKES A BILL FOR An Act specifying those authorized to solemnize marriages in 1 this state, and including effective date provisions. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5954YH (4) 83 pf/nh
H.F. 2126 Section 1. Section 595.10, subsection 1, Code 2009, is 1 amended to read as follows: 2 1. A judge of the supreme court justice , court of appeals 3 judge , or district court judge , including a district associate 4 judge, associate juvenile judge, or a judicial magistrate, 5 and including a senior judge as defined in section 602.9202, 6 subsection 3 , or a retired supreme court justice, a retired 7 court of appeals judge, a retired district court judge, or a 8 retired judicial magistrate . 9 Sec. 2. Section 595.12, Code 2009, is amended to read as 10 follows: 11 1. A judge or magistrate authorized to solemnize a marriage 12 under section 595.10, subsection 1, may charge a reasonable fee 13 for officiating and making return for each marriage solemnized 14 at a time other than regular judicial working hours. In 15 addition the judge or magistrate may charge the parties to the 16 marriage for expenses incurred in solemnizing the marriage. 17 No A judge or magistrate shall make any not charge for 18 solemnizing a marriage during regular judicial working hours. 19 The supreme court shall adopt rules prescribing the maximum fee 20 and expenses that the judge or magistrate may charge. 21 2. A minister An individual authorized to solemnize a 22 marriage under section 595.10, subsection 2, may charge a 23 reasonable fee for each marriage solemnization and making 24 return in an amount agreed to by the parties. 25 Sec. 3. Section 595.13, Code 2009, is amended to read as 26 follows: 27 After the marriage has been solemnized, the officiating 28 minister or magistrate individual authorized to solemnize a 29 marriage under section 595.10 shall attest to the marriage on 30 the blank provided for that purpose and return the certificate 31 of marriage within fifteen days to the county registrar who 32 issued the marriage license. 33 Sec. 4. Section 595.16, Code 2009, is amended to read as 34 follows: 35 -1- LSB 5954YH (4) 83 pf/nh 1/ 2
H.F. 2126 When a marriage is consummated without the services of a 1 cleric or magistrate an individual authorized to solemnize 2 a marriage under section 595.10 , the required return of the 3 marriage may be made to the county registrar by either spouse. 4 Sec. 5. EFFECTIVE UPON ENACTMENT. This Act, being deemed of 5 immediate importance, takes effect upon enactment. 6 EXPLANATION 7 This bill authorizes, in addition to those judges already 8 authorized to solemnize marriage, retired supreme court 9 justices, retired court of appeals judges, retired district 10 court judges, and retired judicial magistrates to solemnize 11 marriages in this state. The bill also makes corrective 12 changes in provisions of Code chapter 595 (marriage) relating 13 to those who currently are authorized to solemnize marriages. 14 -2- LSB 5954YH (4) 83 pf/nh 2/ 2