Senate File 64 - Introduced SENATE FILE BY COMMITTEE ON JUDICIARY (SUCCESSOR TO SF 15) 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 1190SV 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. Ajudge of thesupreme court justice, court of appeals 1 4 judge, or district court judge, including a district associate 1 5 judge, associate juvenile judge, or a judicial magistrate, and 1 6 including a senior judge as defined in section 602.9202, 1 7 subsection 3, or a retired supreme court justice, a retired 1 8 court of appeals judge, or a retired district court judge. 1 9 Sec. 2. Section 595.12, Code 2009, is amended to read as 1 10 follows: 1 11 595.12 FEE AND EXPENSES. 1 12 1. A judge or magistrate authorized to solemnize a 1 13 marriage under section 595.10, subsection 1, may charge a 1 14 reasonable fee for officiating and making return for each 1 15 marriage solemnized at a time other than regular judicial 1 16 working hours. In addition the judge or magistrate may charge 1 17 the parties to the marriage for expenses incurred in 1 18 solemnizing the marriage.NoA judge or magistrate shallmake 1 19 anynot charge for solemnizing a marriage during regular 1 20 judicial working hours. The supreme court shall adopt rules 1 21 prescribing the maximum fee and expenses that the judge or 1 22 magistrate may charge. 1 23 2.A ministerAn individual authorized to solemnize a 1 24 marriage under section 595.10, subsection 2, may charge a 1 25 reasonable fee for each marriage solemnization and making 1 26 return in an amount agreed to by the parties. 1 27 Sec. 3. Section 595.13, Code 2009, is amended to read as 1 28 follows: 1 29 595.13 CERTIFICATE == RETURN. 1 30 After the marriage has been solemnized, the officiating 1 31minister or magistrateindividual authorized to solemnize a 1 32 marriage under section 595.10 shall attest to the marriage on 1 33 the blank provided for that purpose and return the certificate 1 34 of marriage within fifteen days to the county registrar who 1 35 issued the marriage license. 2 1 Sec. 4. Section 595.16, Code 2009, is amended to read as 2 2 follows: 2 3 595.16 SPOUSE RESPONSIBLE FOR RETURN. 2 4 When a marriage is consummated without the services ofa 2 5 cleric or magistratean individual authorized to solemnize a 2 6 marriage under section 595.10, the required return of the 2 7 marriage may be made to the county registrar by either spouse. 2 8 EXPLANATION 2 9 This bill authorizes, in addition to those judges already 2 10 authorized to solemnize marriage, retired supreme court 2 11 justices, retired court of appeals judges, and retired 2 12 district court judges to solemnize marriages in this state. 2 13 The bill also makes corrective changes in provisions of Code 2 14 chapter 595 (marriage) relating to those who currently are 2 15 authorized to solemnize marriages. 2 16 LSB 1190SV 83 2 17 pf/rj/5