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.  A judge of the supreme 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.  No A judge or magistrate shall make
  1 19 any not 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 minister An 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 31 minister or magistrate individual 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 of a
  2  5 cleric or magistrate an 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