HF 4361

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/17/2022 02:21pm

A bill for an act
relating to civil marriage; amending marriage record provisions; making technical
and clarifying changes; amending Minnesota Statutes 2020, sections 144.2181;
144.226, subdivision 1; 517.08, subdivision 1a; 517.10; Minnesota Statutes 2021
Supplement, section 144.223.

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

Section 1.

Minnesota Statutes 2020, section 144.2181, is amended to read:

144.2181 AMENDMENT AND CORRECTION OF VITAL RECORDS.

(a) A vital record deleted text begin registered under sections 144.212 to 144.227 deleted text end may be amended or
corrected only according to sections 144.212 to 144.227 and rules adopted by the
commissioner of health to protect the integrity and accuracy of vital records.

(b)(1) A vital record that is amended under this section shall indicate that it has been
amended, except as otherwise provided in this section or by rule.

(2) Electronic documentation shall be maintained by the state new text begin or local new text end registrar that
identifies the evidence upon which the amendment or correction was based, the date of the
amendment or correction, and the identity of the authorized person making the amendment
or correction.

(c) Upon receipt of a certified copy of an order of a court of competent jurisdiction
changing the name of a person whose birth is registered in Minnesota and upon request of
such person if 18 years of age or older or having the status of emancipated minor, the state
registrar shall amend the birth record to show the new name. If the person is a minor or an
incapacitated person then a parent, guardian, or legal representative of the minor or
incapacitated person may make the request.

(d) When an applicant does not submit the minimum documentation required for
amending a vital record or when the state new text begin or local new text end registrar has cause to question the validity
or completeness of the applicant's statements or the documentary evidence, and the
deficiencies are not corrected, the state new text begin or local new text end registrar shall not amend the vital record.
The state new text begin or local new text end registrar shall advise the applicant of the reason for this action and shall
further advise the applicant of the right of appeal to a court with competent jurisdiction over
the deleted text begin Department of Health deleted text end new text begin state or local registrar new text end .

new text begin (e) To correct a data error in a marriage record, both parties to the marriage must submit
to the state or local registrar:
new text end

new text begin (1) a notarized request with the signatures of both parties to the marriage and, if the
request relates to the date or place of the marriage, the signature of the marriage officiant;
and
new text end

new text begin (2) documentation supporting the correction.
new text end

new text begin If one party to the marriage is unavailable, the available party seeking to correct a data error
in a marriage record must follow the requirements in paragraph (f).
new text end

new text begin (f) To correct a data error in a marriage record when one party to the marriage is
unavailable, the available party to the marriage must submit to the state or local registrar:
new text end

new text begin (1) a notarized request to correct the data error and, if the request relates to the date or
place of the marriage, the signature of the marriage officiant;
new text end

new text begin (2) an affidavit stating the reasons the other party to the marriage is unavailable to make
the request; and
new text end

new text begin (3) documentation supporting the correction.
new text end

new text begin (g) If one party to the marriage is unavailable and the available party submits a request
under paragraph (f), the registrar must not change any data in the marriage record that relates
exclusively to the unavailable party.
new text end

new text begin (h) Upon receiving a request to correct a data error in a marriage record under paragraph
(e) or (f), the registrar must amend the marriage record as long as the registrar determines
that the notarized request and supporting documents establish that the marriage record
contains a data error.
new text end

new text begin (i) When correcting a data error in a marriage record, a state or local registrar must
document amending the marriage record with a copy of the party's or parties' notarized
request to correct the data error and any supporting documentation submitted by the party
or parties to the marriage. The amended marriage record must include the party's or parties'
notarized request and supporting documentation.
new text end

Sec. 2.

Minnesota Statutes 2021 Supplement, section 144.223, is amended to read:

144.223 REPORT OF new text begin NUMBER OF CERTIFICATES OF new text end MARRIAGE.

Data relating to new text begin the number of new text end certificates of marriage registered shall be reported to the
state registrar by the local registrar or designee of the county board in each of the 87
registration districts deleted text begin pursuant to the rules of the commissioner deleted text end new text begin in a format and with the
frequency determined by the state registrar new text end . deleted text begin The information in clause (1) necessary to
compile the report shall be furnished by the applicant prior to the issuance of the marriage
license. The report shall contain the following:
deleted text end

deleted text begin (1) personal information on bride and groom:
deleted text end

deleted text begin (i) name;
deleted text end

deleted text begin (ii) residence;
deleted text end

deleted text begin (iii) date and place of birth;
deleted text end

deleted text begin (iv) if previously married, how terminated; and
deleted text end

deleted text begin (v) signature of applicant, date signed, and Social Security number; and
deleted text end

deleted text begin (2) information concerning the marriage:
deleted text end

deleted text begin (i) date of marriage;
deleted text end

deleted text begin (ii) place of marriage; and
deleted text end

deleted text begin (iii) civil or religious ceremony.
deleted text end

Sec. 3.

Minnesota Statutes 2020, section 144.226, subdivision 1, is amended to read:

Subdivision 1.

Which services are for fee.

(a) The fees for the following services shall
be the following or an amount prescribed by rule of the commissioner deleted text begin : deleted text end new text begin .
new text end

(b) The fee for the administrative review and processing of a request for a certified vital
record or a certification that the vital record cannot be found is $9. The fee is payable at the
time of application and is nonrefundable. new text begin This fee must not be charged for a marriage record
unless paragraph (c) applies.
new text end

new text begin (c) The fee for a certified marriage record or a letter of no record must be up to $25 for
the first copy and up to $9 for any additional copy requested at the same time. The fee for
an uncertified marriage record must be up to $9. These fees must be retained by the local
registrar issuing the records. The fee is payable at the time of application and is
nonrefundable.
new text end

deleted text begin (c) deleted text end new text begin (d) new text end The fee for processing a request for the replacement of a birth record for all events,
except when filing a recognition of parentage pursuant to section 257.73, subdivision 1, is
$40. The fee is payable at the time of application and is nonrefundable.

deleted text begin (d) deleted text end new text begin (e) new text end The fee for administrative review and processing of a request for the filing of a
delayed registration of deleted text begin birth, stillbirth, or death deleted text end new text begin any vital record new text end is $40. The fee is payable
at the time of application and is nonrefundable.

deleted text begin (e) deleted text end new text begin (f) new text end The fee for administrative review and processing of a request for the amendment
of any vital record is $40. The fee is payable at the time of application and is nonrefundable.

deleted text begin (f) deleted text end new text begin (g) new text end The fee for administrative review and processing of a request for the verification
of information from vital records is $9 when the applicant furnishes the specific information
to locate the vital record. When the applicant does not furnish specific information, the fee
is $20 per hour for staff time expended. Specific information includes the correct date of
the event and the correct name of the subject of the record. Fees charged shall approximate
the costs incurred in searching and copying the vital records. The fee is payable at the time
of application and is nonrefundable.

deleted text begin (g) deleted text end new text begin (h) new text end The fee for administrative review and processing of a request for the issuance of
a copy of any document on file pertaining to a vital record or statement that a related
document cannot be found is $9. The fee is payable at the time of application and is
nonrefundable.

Sec. 4.

Minnesota Statutes 2020, section 517.08, subdivision 1a, is amended to read:

Subd. 1a.

Form.

Application for a civil marriage license shall be made by both of the
parties upon a form provided for the purpose and shall contain the following information:

(1) the full names of the parties deleted text begin and the sex of each party deleted text end ;

(2) their post office addresses and county and state of residence;

(3) their full ages new text begin and dates of birth new text end ;

(4) if either party has previously been married, the party's married name, and new text begin for each
previous marriage, new text end the date, place and court in which the civil marriage was dissolved or
annulled or the date and place of death of the former spouse;

(5) whether the parties are related to each other, and, if so, their relationship;

(6) the address of the parties after the civil marriage is entered into to which the local
registrar shall send a certified copy of the civil marriage certificate;

(7) the full names the parties will have after the civil marriage is entered into and the
parties' Social Security numbers. The Social Security numbers must be collected for the
application but must not appear on the civil marriage license. If a party listed on a civil
marriage application does not have a Social Security number, the party must certify on the
application, or a supplement to the application, that the party does not have a Social Security
number;

(8) if one or both of the parties to the civil marriage license has a felony conviction under
Minnesota law or the law of another state or federal jurisdiction, the parties shall provide
to the county proof of service upon the prosecuting authority and, if applicable, the attorney
general, as required by section 259.13; and

(9) notice that a party who has a felony conviction under Minnesota law or the law of
another state or federal jurisdiction may not use a different name after a civil marriage
except as authorized by section 259.13, and that doing so is a gross misdemeanor.

Sec. 5.

Minnesota Statutes 2020, section 517.10, is amended to read:

517.10 CERTIFICATE; WITNESSES.

The person solemnizing a civil marriage shall prepare and sign a certificate new text begin provided by
the local registrar new text end . The certificate shall contain the full names of the parties before and after
the civil marriage, the birth dates of the parties, and county and state of residences of the
parties and the date and place of the civil marriage. The certificate shall also contain the
signatures of at least two of the witnesses present at the civil marriage who shall be at least
16 years of age. The person solemnizing the civil marriage shall immediately make a record
of such civil marriage, and file such certificate with the local registrar of the county in which
the license was issued within five days after the ceremony. The local registrar shall record
such certificate in the county civil marriage records.