Bill Text: IA HF664 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act creating the elevated marriage Act, providing for a tax credit, paid parental leave, and the creation of and appropriations from an elevated marriage trust fund.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2019-03-08 - Introduced, referred to Judiciary. H.J. 474. [HF664 Detail]
Download: Iowa-2019-HF664-Introduced.html
House
File
664
-
Introduced
HOUSE
FILE
664
BY
GASSMAN
A
BILL
FOR
An
Act
creating
the
elevated
marriage
Act,
providing
for
a
1
tax
credit,
paid
parental
leave,
and
the
creation
of
and
2
appropriations
from
an
elevated
marriage
trust
fund.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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DIVISION
I
1
ELEVATED
MARRIAGE
2
Section
1.
NEW
SECTION
.
595A.1
Title.
3
This
chapter
shall
be
known
and
may
be
cited
as
the
“Elevated
4
Marriage
Act”
.
5
Sec.
2.
NEW
SECTION
.
595A.2
Definitions.
6
As
used
in
this
chapter,
unless
the
context
otherwise
7
requires:
8
1.
“Authorized
counseling”
means
marital
counseling
provided
9
by
a
licensed
or
ordained
minister,
or
the
minister’s
designee,
10
a
person
authorized
to
solemnize
marriages
under
section
11
595.10,
or
a
licensed
marital
and
family
therapist
as
defined
12
in
section
154D.1.
13
2.
“Legal
separation”
means
a
judicial
proceeding
resulting
14
in
a
court
determination
that
the
married
parties
live
apart
15
from
each
other
while
remaining
married.
16
Sec.
3.
NEW
SECTION
.
595A.3
Elevated
marriage
——
17
eligibility
——
conditions
to
create.
18
An
elevated
marriage
may
be
entered
into
only
by
one
man
19
and
one
woman
who
comply
with
the
age
requirements
pursuant
to
20
section
595.2
and
who
meet
all
of
the
following
conditions:
21
1.
Agree
that
the
marriage
between
them
is
a
lifelong
22
relationship.
23
2.
Receive
authorized
counseling
emphasizing
the
nature,
24
purposes,
and
responsibilities
of
marriage.
25
3.
File
a
declaration
of
intent
and
the
required
attachments
26
with
the
county
registrar
pursuant
to
section
595A.4.
27
Sec.
4.
NEW
SECTION
.
595A.4
Declaration
of
intent.
28
1.
The
parties
to
an
elevated
marriage
shall
complete
a
29
declaration
of
intent
to
enter
into
an
elevated
marriage
that
30
includes
a
recitation
to
the
following
effect:
31
“We
(names
of
both
parties)
do
solemnly
declare
that
a
32
marriage
is
a
commitment
between
a
man
and
a
woman
who
agree
33
to
live
together
as
husband
and
wife
for
as
long
as
they
34
both
live.
We
have
chosen
each
other
carefully
and
have
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disclosed
to
one
another
everything
which
could
adversely
1
affect
the
decision
to
enter
into
this
marriage.
We
have
2
received
the
authorized
counseling
on
the
nature,
purposes,
and
3
responsibilities
of
marriage.
We
have
read
the
Iowa
Elevated
4
Marriage
Act
and
the
informational
pamphlet
and
we
understand
5
that
a
marriage
is
intended
to
be
for
life,
for
better
or
6
worse,
for
richer
or
poorer,
in
sickness
and
in
health.
If
7
we
experience
marital
difficulties,
we
commit
ourselves
8
to
take
all
reasonable
efforts
to
preserve
our
marriage,
9
including
marital
counseling.
With
full
knowledge
of
what
10
this
commitment
means,
we
declare
that
our
marriage
will
be
11
bound
by
the
Iowa
Elevated
Marriage
Act
standards
of
marriage
12
commitment,
and
we
affirm
that
we
will
love,
honor,
and
care
13
for
one
another
as
husband
and
wife
for
the
rest
of
our
lives.”
14
2.
The
declaration
of
intent
filed
with
the
county
registrar
15
shall
be
accompanied
by
all
of
the
following
attachments:
16
a.
An
affidavit
by
the
parties
that
they
have
received
17
authorized
counseling
that
included
a
discussion
of
the
18
seriousness
of
marriage,
communication
of
the
fact
that
19
marriage
is
a
commitment
for
life
between
a
man
and
a
woman,
20
a
discussion
of
the
obligation
to
seek
marital
counseling
in
21
times
of
marital
difficulty,
and
a
discussion
of
the
exclusive
22
grounds
for
elevated
marriage
dissolution.
23
b.
An
attestation
signed
by
the
person
who
provided
the
24
authorized
counseling
confirming
that
the
parties
received
25
authorized
counseling
as
to
the
nature
and
purpose
of
marriage,
26
the
grounds
for
dissolution
of
an
elevated
marriage,
and
an
27
acknowledgment
that
the
person
who
provided
the
counseling
28
provided
the
parties
with
the
informational
pamphlet
developed
29
pursuant
to
section
595A.6.
30
3.
The
declaration
of
intent
and
the
required
attachments
31
shall
be
prepared
in
duplicate
originals,
one
of
which
shall
be
32
retained
by
the
parties
and
the
other
of
which
shall
be
filed
33
with
the
county
registrar
of
the
county
in
which
the
parties
34
applied
for
a
license
to
marry.
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Sec.
5.
NEW
SECTION
.
595A.5
Redesignation
of
existing
1
marriage
as
an
elevated
marriage.
2
Married
parties
may
redesignate
their
marriage
as
an
3
elevated
marriage
by
executing
and
filing
with
the
county
4
recorder
in
the
county
in
which
the
parties
reside
a
5
declaration
of
intent
and
the
required
attachments
as
specified
6
in
section
595A.4.
The
county
recorder
shall
make
a
notation
7
on
the
declaration
of
intent
to
redesignate
the
marriage
as
an
8
elevated
marriage
identifying
the
source
of
issuance
of
the
9
original
marriage
license
of
the
parties.
10
Sec.
6.
NEW
SECTION
.
595A.6
Informational
pamphlet.
11
The
office
of
the
attorney
general
shall
develop
an
12
informational
pamphlet
entitled
“Elevated
Marriage
Act”
that
13
outlines
in
sufficient
detail
the
requirements
for
entering
14
into
an
elevated
marriage
or
redesignating
an
existing
marriage
15
as
an
elevated
marriage,
the
implications
of
entering
into
16
an
elevated
marriage,
and
the
legal
differences
between
17
an
elevated
marriage
and
a
marriage
entered
into
pursuant
18
to
chapter
595.
The
informational
pamphlet
shall
be
made
19
available
to
all
offices
of
the
county
registrar
and
to
all
20
persons
who
provide
authorized
counseling
under
this
chapter.
21
Sec.
7.
NEW
SECTION
.
595A.7
Dissolution
of
elevated
22
marriage
——
exclusive
grounds
if
welfare
of
minor
child
involved
23
——
process.
24
1.
Subsequent
to
the
parties
obtaining
authorized
25
counseling,
a
party
to
an
elevated
marriage
which
does
not
26
involve
the
welfare
of
a
minor
child
may
obtain
a
dissolution
27
of
marriage
in
accordance
with
chapter
598.
28
2.
Notwithstanding
any
other
provision
of
law
to
the
29
contrary,
and
subsequent
to
the
parties
obtaining
authorized
30
counseling,
a
party
to
an
elevated
marriage
involving
the
31
welfare
of
a
minor
child
may
obtain
a
dissolution
of
marriage
32
only
upon
proof
of
any
of
the
following:
33
a.
The
other
party
committed
adultery.
34
b.
The
other
party
committed
a
felony
and
has
been
sentenced
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to
imprisonment.
1
c.
The
other
party
has
physically
or
sexually
abused
the
2
party
seeking
the
dissolution
or
a
child
of
either
of
the
3
parties.
4
d.
The
parties
have
been
living
separate
and
apart
5
continuously
without
reconciliation
for
a
period
of
at
least
6
two
years.
7
3.
a.
Notwithstanding
any
other
provision
of
law
to
the
8
contrary,
a
dissolution
of
marriage
sought
by
the
parties
to
9
an
elevated
marriage
involving
the
welfare
of
a
child,
shall
10
require
the
parties
to
participate
in
mediation
in
accordance
11
with
chapter
679C
to
reach
agreement.
12
b.
The
district
court
shall
order
the
parties
to
participate
13
in
mediation,
which
shall
include
attendance
at
any
mediation
14
session
with
the
mediator
and
the
parties
to
the
action,
15
listening
to
the
mediator’s
explanation
of
the
mediation
16
process,
presentation
of
one
party’s
view
of
the
case,
and
17
listening
to
the
response
of
the
other
party.
18
c.
The
parties
may
choose
the
mediator,
or
the
court
shall
19
appoint
a
mediator.
A
court-appointed
mediator
shall
meet
the
20
qualifications
established
by
the
supreme
court.
21
d.
(1)
The
mediation
agreement
shall
provide
for
joint
22
physical
care
of
any
minor
child
of
the
parties,
unless
the
23
mediator
determines
that
joint
physical
care
is
not
in
the
best
24
interest
of
the
child.
If
the
mediator
determines
that
joint
25
physical
care
is
not
in
the
best
interest
of
the
child,
the
26
determination
shall
be
accompanied
by
specific
findings
of
fact
27
and
conclusions
of
law
that
the
awarding
of
joint
physical
care
28
is
not
in
the
best
interest
of
the
child.
29
(2)
The
mediation
agreement
shall
include
a
parenting
30
plan
that
addresses
issues
including
but
not
limited
to
how
31
the
parents
will
make
decisions
affecting
the
child,
how
the
32
parents
will
provide
a
home
for
the
child,
how
the
child’s
time
33
will
be
divided
between
the
parents
and
how
each
parent
will
34
facilitate
the
child’s
time
with
the
other
parent,
arrangements
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for
support
of
the
child
in
lieu
of
court-ordered
child
1
support,
and
how
the
parents
will
resolve
major
changes
or
2
disagreements
affecting
the
child
including
changes
that
arise
3
due
to
the
child’s
age
and
developmental
needs.
4
e.
A
mediation
agreement
reached
by
the
parties
shall
be
5
presented
to
the
court
for
approval
and
once
approved
by
the
6
court,
is
enforceable.
7
f.
The
costs
of
mediation
shall
be
borne
by
the
parties,
8
as
agreed
to
by
the
parties,
or
as
ordered
by
the
court,
and
9
may
be
taxed
as
court
costs.
Mediation
shall
be
provided
on
a
10
sliding
fee
scale
for
parties
who
are
determined
to
be
indigent
11
pursuant
to
section
815.9.
12
g.
The
parties
to
the
mediation
have
the
right
to
advice
13
and
presence
of
counsel,
but
the
mediator
shall
determine
14
whether
the
attorney
will
be
allowed
to
actively
participate
in
15
the
mediation
sessions,
and
no
attorney
fees
shall
be
awarded
16
relative
to
an
attorney’s
participation
in
mediation.
17
Sec.
8.
NEW
SECTION
.
595A.8
Elevated
marriage
——
legal
18
separation
——
exclusive
grounds.
19
A
party
to
an
elevated
marriage
may
obtain
a
decree
of
legal
20
separation
only
after
the
parties
have
received
authorized
21
counseling
and
upon
proof
of
any
of
the
following:
22
1.
The
other
party
committed
adultery.
23
2.
The
other
party
committed
a
felony
and
has
been
sentenced
24
to
death
or
imprisonment.
25
3.
The
other
party
has
physically
or
sexually
abused
the
26
party
seeking
the
legal
separation
or
a
child
of
either
of
the
27
parties.
28
4.
The
parties
have
been
living
separate
and
apart
29
continuously
without
reconciliation
for
a
period
of
at
least
30
two
years.
31
5.
The
other
party
has
habitually
abused
alcohol
for
one
32
year
or
longer.
33
6.
The
other
party
has
by
their
actions
endangered
the
life
34
of
the
party
seeking
the
legal
separation.
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7.
The
other
party’s
extreme
cruelty
toward
the
party
1
seeking
the
legal
separation
as
evidenced
by
threatened
or
2
actual
injury
to
that
party’s
physical
or
mental
health
has
3
rendered
the
marriage
intolerable
for
the
party
seeking
the
4
legal
separation.
5
Sec.
9.
NEW
SECTION
.
595A.9
Elevated
marriage
——
other
6
applicable
law.
7
1.
An
elevated
marriage
shall
be
governed
by
all
of
the
8
provisions
of
chapter
595
which
do
not
conflict
with
this
9
chapter.
10
2.
A
dissolution
or
legal
separation
of
an
elevated
marriage
11
shall
be
governed
by
all
of
the
provisions
of
chapter
598
which
12
do
not
conflict
with
this
chapter.
13
Sec.
10.
NEW
SECTION
.
595A.10
Elevated
marriage
trust
fund.
14
1.
An
elevated
marriage
trust
fund
is
created
in
the
state
15
treasury
under
the
control
of
the
department
of
human
services.
16
The
fund
shall
consist
of
the
moneys
transferred
from
the
17
department
of
human
services
pursuant
to
section
217.41C
to
the
18
elevated
marriage
trust
fund,
annually.
Moneys
in
the
trust
19
fund
shall
be
separate
from
the
general
fund
of
the
state
and
20
shall
not
be
considered
part
of
the
general
fund
of
the
state.
21
However,
the
trust
fund
shall
be
considered
a
special
account
22
for
the
purposes
of
section
8.53
relating
to
generally
accepted
23
accounting
principles.
Moneys
in
the
trust
fund
shall
be
used
24
only
as
specified
in
this
section
and
are
appropriated
only
for
25
the
uses
specified.
Moneys
in
the
trust
fund
are
not
subject
26
to
section
8.33
and
shall
not
be
transferred,
used,
obligated,
27
appropriated,
or
otherwise
encumbered,
except
as
provided
in
28
this
section.
Notwithstanding
section
12C.7,
subsection
2,
29
interest
or
earnings
on
moneys
deposited
in
the
trust
fund
30
shall
be
credited
to
the
trust
fund.
31
2.
Moneys
in
the
trust
fund
are
appropriated
and
shall
be
32
used
for
the
payment
of
tax
credits
pursuant
to
section
422.12F
33
and
for
reimbursement
for
parental
leave
provided
pursuant
to
34
section
91A.5B.
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3.
The
treasurer
of
state,
the
director
of
the
department
1
of
revenue,
the
director
of
the
department
of
human
services,
2
and
the
labor
commissioner
shall
jointly
adopt
rules
for
the
3
transfer,
deposit,
distribution,
and
use
of
moneys
in
the
trust
4
fund.
5
DIVISION
II
6
PARTIES
TO
ELEVATED
MARRIAGE
——
TAX
CREDIT
AND
PARENTAL
LEAVE
7
Sec.
11.
NEW
SECTION
.
91A.5B
Treatment
of
parent
of
newborn
8
——
party
to
elevated
marriage.
9
In
addition
to
any
other
leave
available
to
an
employee
who
10
is
a
parent
of
a
newborn
child,
the
employer
of
an
employee
who
11
is
the
parent
of
a
newborn
child
and
is
a
party
to
an
elevated
12
marriage
as
specified
in
chapter
595A,
shall
be
entitled
to
13
an
additional
four
weeks
of
paid
leave
following
the
birth
of
14
such
child.
Costs
of
such
leave
shall
be
reimbursed
through
15
expenditure
of
moneys
credited
to
the
elevated
marriage
trust
16
fund
established
pursuant
to
section
595A.10.
17
Sec.
12.
NEW
SECTION
.
422.12F
Elevated
marriage
——
first
18
child
——
tax
credit.
19
1.
For
purposes
of
this
section,
“elevated
marriage”
means
20
a
marriage
that
meets
the
conditions
and
requirements
for
an
21
elevated
marriage
pursuant
to
chapter
595A.
22
2.
The
taxes
imposed
under
this
division,
less
the
credits
23
allowed
under
section
422.12,
shall
be
reduced
by
an
elevated
24
marriage
child
tax
credit
in
the
amount
of
one
thousand
dollars
25
for
the
first
child
born
to
the
taxpayer
who
is
a
party
to
an
26
elevated
marriage.
27
3.
Any
credit
in
excess
of
the
tax
liability
is
refundable.
28
In
lieu
of
claiming
a
refund,
the
taxpayer
may
elect
to
have
29
the
overpayment
shown
on
the
taxpayer’s
final,
completed
return
30
credited
to
the
tax
liability
for
the
following
tax
year.
31
4.
The
department
of
revenue
shall
adopt
rules
to
administer
32
this
section.
33
DIVISION
III
34
CONFORMING
CHANGES
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Sec.
13.
NEW
SECTION
.
217.41C
Transfer
of
funds
to
elevated
1
marriage
trust
fund.
2
Of
the
funds
appropriated
from
the
general
fund
of
the
state
3
to
the
department
of
human
services,
annually,
the
department
4
shall
transfer
five
hundred
thousand
dollars
to
the
elevated
5
marriage
trust
fund.
6
Sec.
14.
Section
331.602,
Code
2019,
is
amended
by
adding
7
the
following
new
subsection:
8
NEW
SUBSECTION
.
41.
Record
all
declarations
of
intent
9
pursuant
to
chapter
595A
that
are
presented
to
the
recorder’s
10
office
for
recording,
upon
payment
of
a
fee
in
accordance
with
11
section
331.604.
12
Sec.
15.
NEW
SECTION
.
595.3B
Certificate
of
marriage
——
13
elevated
marriage
designation.
14
In
addition
to
any
other
information
contained
in
a
15
certificate
of
marriage,
the
certificate
of
marriage
shall
16
include
a
section
to
allow
the
parties
to
designate
the
17
marriage
as
an
elevated
marriage.
18
Sec.
16.
NEW
SECTION
.
595.3C
Elevated
marriage
——
19
information
pamphlet.
20
The
county
registrar
shall
provide
each
applicant
for
21
a
license
to
marry
with
a
copy
of
the
elevated
marriage
22
informational
pamphlet
prepared
by
the
office
of
the
attorney
23
general
pursuant
to
section
595A.6.
24
Sec.
17.
NEW
SECTION
.
595.14
Elevated
marriage
——
25
declaration
return.
26
If
the
parties
wish
to
designate
the
marriage
an
elevated
27
marriage,
after
the
marriage
has
been
solemnized,
the
28
officiating
minister
or
magistrate
shall
return
the
completed
29
certificate
of
marriage
with
the
section
designating
the
30
marriage
as
an
elevated
marriage
clearly
indicated
to
the
31
county
registrar
in
the
county
in
which
the
parties
applied
for
32
a
license
to
marry,
within
fifteen
days
of
the
solemnization.
33
Additionally,
the
parties
to
the
marriage
shall
record
the
34
declaration
of
intent
with
the
county
recorder
in
the
county
in
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which
the
parties
applied
for
the
license
to
marry,
and
shall
1
pay
the
fee
in
accordance
with
section
331.604.
2
EXPLANATION
3
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
4
the
explanation’s
substance
by
the
members
of
the
general
assembly.
5
This
bill
creates
the
elevated
marriage
Act
and
makes
other
6
conforming
changes.
7
Division
I
of
the
bill
provides
that
an
elevated
marriage
8
may
be
entered
into
only
by
one
man
and
one
woman
who
meet
the
9
age
requirements
otherwise
applicable
to
marriage
under
current
10
law
and
who
agree
that
the
marriage
between
them
is
a
lifelong
11
relationship;
receive
authorized
counseling
emphasizing
the
12
nature,
purposes,
and
responsibilities
of
marriage;
and
file
13
a
declaration
of
intent
and
the
required
attachments
with
the
14
county
registrar.
15
Division
I
of
the
bill
specifies
the
recitation
to
be
16
included
in
a
declaration
of
intent
to
enter
into
an
elevated
17
marriage
and
requires
that
the
declaration
of
intent
completed
18
by
the
parties
shall
be
filed
with
the
county
registrar,
and
19
accompanied
by
an
affidavit
of
the
parties
that
they
have
20
received
authorized
counseling
and
an
attestation
signed
by
the
21
person
who
provided
the
authorized
counseling
confirming
that
22
the
parties
received
authorized
counseling.
The
declaration
23
of
intent
and
the
required
attachments
shall
be
prepared
in
24
duplicate
originals,
one
of
which
shall
be
retained
by
the
25
parties
and
the
other
of
which
shall
be
filed
with
the
county
26
registrar
of
the
county
in
which
the
parties
applied
for
a
27
license
to
marry.
28
Division
I
of
the
bill
also
provides
a
process
for
married
29
parties
to
redesignate
their
marriage
as
an
elevated
marriage.
30
Division
I
of
the
bill
requires
the
office
of
the
attorney
31
general
to
develop
an
informational
pamphlet
entitled
32
“Elevated
Marriage
Act”
that
outlines
in
sufficient
detail
33
the
requirements
for
entering
into
an
elevated
marriage
or
34
redesignating
an
existing
marriage
as
an
elevated
marriage,
the
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implications
of
entering
into
an
elevated
marriage,
and
the
1
legal
differences
between
an
elevated
marriage
and
a
marriage
2
under
current
law.
The
informational
pamphlet
shall
be
made
3
available
to
all
offices
of
the
county
registrar
and
to
all
4
persons
who
provide
authorized
counseling
under
this
Code
5
chapter.
6
Division
I
of
the
bill
provides
exclusive
grounds
for
7
dissolution
of
an
elevated
marriage
involving
the
welfare
of
a
8
minor
child
and
the
process
for
such
dissolution,
and
provides
9
grounds
for
obtaining
a
decree
of
legal
separation
from
an
10
elevated
marriage.
11
Division
I
of
the
bill
provides
that
an
elevated
marriage
12
is
governed
by
all
of
the
provisions
of
Code
chapter
595
13
(marriage)
and
Code
chapter
598
(dissolution
of
marriage
and
14
domestic
relations)
which
do
not
conflict
with
the
provisions
15
of
the
bill.
16
Division
I
of
the
bill
creates
an
elevated
marriage
trust
17
fund
in
the
state
treasury
under
the
control
of
the
department
18
of
human
services,
consisting
of
the
moneys
transferred
by
19
the
department
of
human
services
to
the
trust
fund,
annually.
20
Moneys
in
the
trust
fund
are
appropriated
and
shall
be
used
21
for
the
payment
of
tax
credits
and
for
reimbursement
for
22
parental
leave
as
provided
in
Division
II
of
the
bill.
The
23
treasurer
of
state,
the
director
of
the
department
of
revenue,
24
the
director
of
the
department
of
human
services,
and
the
25
labor
commissioner
shall
jointly
adopt
rules
for
the
transfer,
26
deposit,
distribution,
and
use
of
moneys
in
the
trust
fund.
27
Division
II
of
the
bill
entitles
an
employee
who
is
the
28
parent
of
a
newborn
child
and
is
a
party
to
an
elevated
29
marriage,
in
addition
to
any
other
leave
available
to
the
30
parent
of
a
newborn
child,
to
an
additional
four
weeks
of
paid
31
leave
following
the
birth
of
such
child.
Costs
of
such
leave
32
shall
be
reimbursed
through
expenditure
of
moneys
deposited
in
33
the
elevated
marriage
trust
fund.
34
Division
II
of
the
bill
also
provides
for
a
tax
credit
for
a
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party
to
an
elevated
marriage
in
the
amount
of
$1,000
for
the
1
first
child
born
to
the
taxpayer.
The
tax
credit
is
reimbursed
2
through
expenditure
of
moneys
deposited
in
the
elevated
3
marriage
trust
fund.
The
department
of
revenue
is
directed
to
4
adopt
rules
to
administer
the
provision.
5
Division
III
of
the
bill
makes
conforming
changes
to
6
facilitate
the
filing
of
the
declaration
of
intent
and
the
7
return
of
the
certificate
of
marriage
for
an
elevated
marriage
8
and
for
transfer
of
funds
to
the
elevated
marriage
trust
fund.
9
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