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SENATE BILL NO. 1070

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Bill Status

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S1070.................................................by HEALTH AND WELFARE
MARRIAGE - Amends existing law to provide for solemnization of marriage by
any tribal judge of an Idaho Indian tribe or other officially appointed
tribal official and by designated Idaho officials.
                                                                        
01/30    Senate intro - 1st rdg - to printing
01/31    Rpt prt - to St Aff

Bill Text

                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   First Regular Session - 2007
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1070
                                                                        
                              BY HEALTH AND WELFARE COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO SOLEMNIZATION OF MARRIAGE; AMENDING SECTION 32-303, IDAHO CODE, TO
  3        PROVIDE FOR SOLEMNIZATION OF MARRIAGE BY ANY  TRIBAL  JUDGE  OF  AN  IDAHO
  4        INDIAN  TRIBE  OR  OTHER OFFICIALLY APPROVED TRIBAL OFFICIAL AND BY DESIG-
  5        NATED IDAHO OFFICIALS.
                                                                        
  6    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  7        SECTION 1.  That Section 32-303, Idaho Code, be, and the  same  is  hereby
  8    amended to read as follows:
                                                                        
  9        32-303.  BY  WHOM  SOLEMNIZED. Marriage may be solemnized by either a cur-
 10    rent or retired justice of the supreme court, a current or  retired  court  of
 11    appeals  judge,  a  current  or retired district judge, any federal judge, the
 12    current or a former governor, lieutenant governor, a current or retired magis-
 13    trate of the district court, mayor any tribal judge of an Idaho  Indian  tribe
 14    or other tribal official approved by an official act of an Idaho Indian tribe,
 15    priest  or  minister of the gospel of any denomination or any of the following
 16    Idaho officials: a current or retired justice of the supreme court, a  current
 17    or  retired court of appeals judge, a current or retired district court judge,
 18    a current or retired magistrate of the district court, the current or a former
 19    governor, the current lieutenant governor or a current mayor. To be a  retired
 20    justice of the supreme court, court of appeals judge, district judge or magis-
 21    trate judge of the district court, for the purpose of solemnizing marriages, a
 22    person  shall have served in one (1) of those offices and shall be receiving a
 23    retirement benefit from either the judges  retirement  system  or  the  public
 24    employee retirement system for service in the judiciary.

Statement of Purpose / Fiscal Impact

                      STATEMENT OF PURPOSE

                           RS 16542C1

Section 32-303, Idaho Code, lists persons able to solemnize 
marriages.  The list is not exhaustive or clear; this led to 
instances of persons solemnizing marriages who are not approved, 
by law, to do so.  When this happens, we cannot certify the 
certificate, which can cause a hardship for the marrying couple.  
By clarifying the statute, we can avoid these problems. 

Furthermore, the category, “Indian tribal judge or other tribal 
official approved by an official act of Idaho Indian tribe” 
needs to be added to the statute to make sure a practice that 
has been allowed in the past is legal.


                           FISCAL NOTE

No fiscal impact.



CONTACT
Name:	Greg Heitman
Agency:	Health and Welfare
Phone:	208-334-5986

STATEMENT OF PURPOSE/FISCAL NOTE	             S 1070