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HF 3677

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/10/2022 03:46pm

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 02/21/2022

Current Version - as introduced

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A bill for an act
relating to civil law; creating a name change process following a final marriage
dissolution; amending Minnesota Statutes 2020, section 259.11; proposing coding
for new law in Minnesota Statutes, chapter 259.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2020, section 259.11, is amended to read:


259.11 ORDER; FILING COPIES.

(a) Upon meeting the requirements of section 259.10, the court shall grant the application
unless: (1) it finds that there is an intent to defraud or mislead; (2) section 259.13 prohibits
granting the name change; or (3) in the case of the change of a minor child's name, the court
finds that such name change is not in the best interests of the child. The court shall set forth
in the order the name and age of the applicant's spouse and each child of the applicant, if
any, and shall state a description of the lands, if any, in which the applicant and the spouse
and children, if any, claim to have an interest. The court administrator shall file such order,
and record the same in the judgment book. If lands be described therein, a certified copy of
the order shall be filed for record, by the applicant, with the county recorder of each county
wherein any of the same are situated. Before doing so the court administrator shall present
the same to the county auditor who shall enter the change of name in the auditor's official
records and note upon the instrument, over an official signature, the words "change of name
recorded." Any such order shall not be filed, nor any certified copy thereof be issued, until
the applicant shall have paid to the county recorder and court administrator the fee required
by law. No application shall be denied on the basis of the marital status of the applicant.

(b) When a person applies for a name change, the court shall determine whether the
person has a criminal history in this or any other state. The court may conduct a search of
national records through the Federal Bureau of Investigation by submitting a set of
fingerprints and the appropriate fee to the Bureau of Criminal Apprehension. If it is
determined that the person has a criminal history in this or any other state, the court shall,
within ten days after the name change application is granted, report the name change to the
Bureau of Criminal Apprehension. The person whose name is changed shall also report the
change to the Bureau of Criminal Apprehension within ten days. The court granting the
name change application must explain this reporting duty in its order. Any person required
to report the person's name change to the Bureau of Criminal Apprehension who fails to
report the name change as required under this paragraph is guilty of a gross misdemeanor.

(c) Paragraph (b) does not apply to deleted text begin eitherdeleted text end :

(1) a request for a name change as part of an application for a marriage license under
section 517.08; deleted text begin or
deleted text end

(2) a request for a name change in conjunction with a marriage dissolution under section
518.27new text begin ; or
new text end

new text begin (3) a request for a name change filed under section 259.14new text end .

Sec. 2.

new text begin [259.14] POSTDISSOLUTION NAME CHANGE.
new text end

new text begin (a) A person who has resided in this state for at least six months and obtained the person's
most recent final marriage dissolution from a district court in this state may apply to the
district court in the county where the person resides to change the person's name to the legal
name on the person's birth certificate. A person applying for a name change must submit a
certified copy of the certificate of dissolution issued pursuant to section 518.148 and a
certified copy of the person's birth certificate.
new text end

new text begin (b) A court shall not require a person applying for a name change to pay filing fees for
an application submitted pursuant to this section. Notwithstanding section 259.10, a court
shall not require the person applying for a name change to provide proof of the person's
identity by two witnesses unless the proof of identity is necessary to determine whether the
person has an intent to defraud or mislead the court.
new text end

new text begin (c) Upon meeting the requirements of this section, the court shall grant the application
for a name change unless the court finds that (1) the person has an intent to defraud or
mislead the court; or (2) section 259.13 prohibits granting the name change. The court shall
notify the person applying for a name change that using a different surname without
complying with section 259.13, if applicable, is a gross misdemeanor.
new text end