Senate File 15 





                                       SENATE FILE       
                                       BY  BEALL


    Passed Senate, Date               Passed House,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act specifying those authorized to solemnize marriages in this
  2    state.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 1190XS 83
  5 pf/rj/5

PAG LIN



  1  1    Section 1.  Section 595.10, subsection 1, Code 2009, is
  1  2 amended to read as follows:
  1  3    1.  A judge of the supreme court, court of appeals, or
  1  4 district court, including a district associate judge,
  1  5 associate juvenile judge, or a judicial magistrate, and
  1  6 including a senior judge or a retired senior judge as defined
  1  7 in section 602.9202, subsection 3.
  1  8    Sec. 2.  Section 595.12, Code 2009, is amended to read as
  1  9 follows:
  1 10    595.12  FEE AND EXPENSES.
  1 11    1.  A judge or magistrate authorized to solemnize a
  1 12 marriage under section 595.10, subsection 1, may charge a
  1 13 reasonable fee for officiating and making return for each
  1 14 marriage solemnized at a time other than regular judicial
  1 15 working hours.  In addition the judge or magistrate may charge
  1 16 the parties to the marriage for expenses incurred in
  1 17 solemnizing the marriage.  No A judge or magistrate shall make
  1 18 any not charge for solemnizing a marriage during regular
  1 19 judicial working hours.  The supreme court shall adopt rules
  1 20 prescribing the maximum fee and expenses that the judge or
  1 21 magistrate may charge.
  1 22    2.  A minister An individual authorized to solemnize a
  1 23 marriage under section 595.10, subsection 2, may charge a
  1 24 reasonable fee for each marriage solemnization and making
  1 25 return in an amount agreed to by the parties.
  1 26    Sec. 3.  Section 595.13, Code 2009, is amended to read as
  1 27 follows:
  1 28    595.13  CERTIFICATE == RETURN.
  1 29    After the marriage has been solemnized, the officiating
  1 30 minister or magistrate individual authorized to solemnize a
  1 31 marriage under section 595.10 shall attest to the marriage on
  1 32 the blank provided for that purpose and return the certificate
  1 33 of marriage within fifteen days to the county registrar who
  1 34 issued the marriage license.
  1 35    Sec. 4.  Section 595.16, Code 2009, is amended to read as
  2  1 follows:
  2  2    595.16  SPOUSE RESPONSIBLE FOR RETURN.
  2  3    When a marriage is consummated without the services of a
  2  4 cleric or magistrate an individual authorized to solemnize a
  2  5 marriage under section 595.10, the required return of the
  2  6 marriage may be made to the county registrar by either spouse.
  2  7                           EXPLANATION
  2  8    This bill authorizes retired senior judges to solemnize
  2  9 marriages in this state.  The bill also makes corrective
  2 10 changes in provisions of Code chapter 595 (marriage) relating
  2 11 to those who currently are authorized to solemnize marriages.
  2 12 LSB 1190XS 83
  2 13 pf/rj/5