Print Friendly SENATE BILL NO. 1070 – Marriage, who may solemnize
SENATE BILL NO. 1070
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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
]]]] 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
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.
No fiscal impact.
Name: Greg Heitman
Agency: Health and Welfare
STATEMENT OF PURPOSE/FISCAL NOTE S 1070