SENATE BILL NO. 1342

2008 Legislation

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SENATE BILL NO. 1342<br /> – Marriage, who may solemnize

View Statement of Purpose / Fiscal Impact

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Bill Status


S1342.................................................by HEALTH AND WELFARE
MARRIAGE - SOLEMNIZATION - Amends existing law to provide additional
individuals authorized to solemnize marriage.

01/24    Senate intro - 1st rdg - to printing
01/25    Rpt prt - to Health/Wel
02/01    Rpt out - rec d/p - to 2nd rdg
02/04    2nd rdg - to 3rd rdg
02/05    3rd rdg - PASSED - 30-3-2
      AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Cameron,
      Coiner, Corder, Darrington, Fulcher, Geddes, Goedde, Hammond,
      Heinrich, Kelly, Keough, Langhorst, Little, Lodge, Malepeai(Sagness),
      McGee, McKague, McKenzie, Pearce, Richardson, Schroeder, Siddoway,
      Stegner, Stennett(Thorson), Werk
      NAYS -- Davis, Hill, Jorgenson
      Absent and excused -- Burkett, Gannon
    Floor Sponsor - Lodge
    Title apvd - to House
02/06    House intro - 1st rdg - to St Aff
02/18    Rpt out - rec d/p - to 2nd rdg
02/19    2nd rdg - to 3rd rdg
02/20    3rd rdg - PASSED - 66-0-4
      AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Black,
      Block, Bock, Boe, Bolz, Bowers, Bradford, Chadderdon, Chavez, Chew,
      Clark, Collins, Crane, Durst, Eskridge, Hagedorn, Hart, Harwood,
      Henbest(Burgoyne), Henderson, Jaquet, Killen, King, Kren, Labrador,
      Lake, LeFavour, Loertscher, Luker, Marriott, Mathews, McGeachin,
      Mortimer, Nielsen, Nonini, Pasley-Stuart, Pence, Raybould, Ringo,
      Roberts, Ruchti, Rusche, Sayler, Schaefer, Shepherd(02),
      Shepherd(08), Shirley, Shively, Smith(24), Smith(30)(Stanek),
      Snodgrass, Stevenson, Thayn, Thomas, Vander Woude, Wills, Wood(27),
      Wood(35), Mr. Speaker
      NAYS -- None
      Absent and excused -- Brackett, Moyle, Patrick, Trail
    Floor Sponsor - Labrador
    Title apvd - to Senate
02/21    To enrol
02/22    Rpt enrol - Pres signed
02/25    Sp signed
02/26    To Governor
02/27    Governor signed
         Session Law Chapter 46
         Effective: 07/01/08

Bill Text




                                                                       
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   Second Regular Session - 2008

                                                                       

                                       IN THE SENATE

                                    SENATE BILL NO. 1342

                              BY HEALTH AND WELFARE COMMITTEE

  1                                        AN ACT
  2    RELATING TO MARRIAGE; AMENDING SECTION 32-303, IDAHO CODE, TO REVISE  WHO  MAY
  3        SOLEMNIZE MARRIAGE, TO DESIGNATE ADDITIONAL INDIVIDUALS AUTHORIZED TO SOL-
  4        EMNIZE MARRIAGE AND TO PROVIDE THAT CERTAIN RETIRED JUDGES MUST BE RECEIV-
  5        ING  A BENEFIT FROM DESIGNATED RETIREMENT SYSTEMS FOR SERVICE IN THE IDAHO
  6        JUDICIARY.

  7    Be It Enacted by the Legislature of the State of Idaho:

  8        SECTION 1.  That Section 32-303, Idaho Code, be, and the  same  is  hereby
  9    amended to read as follows:

 10        32-303.  BY  WHOM  SOLEMNIZED. Marriage may be solemnized by either any of
 11    the following Idaho officials: a current or retired  justice  of  the  supreme
 12    court,  a current or retired court of appeals judge, a current or retired dis-
 13    trict judge, any federal judge, the current or a former governor, the  current
 14    lieutenant  governor, a current or retired magistrate of the district court, a
 15    current mayor, or by any of the following: a current federal judge, a  current
 16    tribal  judge of an Idaho Indian tribe or other tribal official approved by an
 17    official act of an Idaho Indian tribe or priest or minister of the  gospel  of
 18    any  denomination.  To  be  a  retired  justice of the supreme court, court of
 19    appeals judge, district judge or magistrate judge of the district  court,  for
 20    the purpose of solemnizing marriages, a person shall have served in one (1) of
 21    those  offices  and  shall  be  receiving a retirement benefit from either the
 22    judges retirement system or the public employee retirement system for  service
 23    in the Idaho judiciary.

Statement of Purpose / Fiscal Impact


                      STATEMENT OF PURPOSE

                            RS 17399


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 can not certify the 
certificate, which can cause a hardship for the couple.  By 
clarifying the statute, we can avoid these problems. 

Furthermore, the category, "Indian tribal judges or other tribal 
official approved by an official act of Idaho Indian tribe" needs 
to be added to the statute to make sure that 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 1342