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HF 1865

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/03/2022 06:35pm

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

Current Version - as introduced

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A bill for an act
relating to civil law; removing the in-person appearance requirement for
applications for a marriage license; removing a sunset for the harmless error statute;
amending Minnesota Statutes 2020, sections 517.08, subdivision 1b; 524.2-503.

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

Section 1.

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


Subd. 1b.

Term of license; fee; premarital education.

(a) The local registrar shall
examine upon oath the parties applying for a license relative to the legality of the
contemplated civil marriage. new text begin Examination upon oath of the parties under this section may
include contemporaneous video or audio transmission or receipt of a verified statement
signed by both parties attesting to the legality of the marriage. The local registrar may accept
civil marriage license applications, signed by both parties, by mail, facsimile, or electronic
filing.
new text end Both parties must present proof of age to the local registrar. deleted text begin If one party is unable to
appear in person, the party appearing may complete the absent applicant's information. The
local registrar shall provide a copy of the civil marriage application to the party who is
unable to appear, who must verify the accuracy of the appearing party's information in a
notarized statement. The verification statement must be accompanied by a copy of proof of
age of the party.
deleted text end The civil marriage license must not be released until deleted text begin the verification
statement and
deleted text end proof of age has been received by the local registrar. If the local registrar is
satisfied that there is no legal impediment to it, including the restriction contained in section
259.13, the local registrar shall issue the license, containing the full names of the parties
before and after the civil marriage, and county and state of residence, with the county seal
attached, and make a record of the date of issuance. The license shall be valid for a period
of six months. Except as provided in paragraph (b), the local registrar shall collect from the
applicant a fee of $115 for administering the oath, issuing, recording, and filing all papers
required, and preparing and transmitting to the state registrar of vital records the reports of
civil marriage required by this section. If the license should not be used within the period
of six months due to illness or other extenuating circumstances, it may be surrendered to
the local registrar for cancellation, and in that case a new license shall issue upon request
of the parties of the original license without fee. A local registrar who knowingly issues or
signs a civil marriage license in any manner other than as provided in this section shall pay
to the parties aggrieved an amount not to exceed $1,000.

(b) The civil marriage license fee for parties who have completed at least 12 hours of
premarital education is $40. In order to qualify for the reduced license fee, the parties must
submit at the time of applying for the civil marriage license a statement that is signed, dated,
and notarized or marked with a church seal from the person who provided the premarital
education on their letterhead confirming that it was received. The premarital education must
be provided by a licensed or ordained minister or the minister's designee, a person authorized
to solemnize civil marriages under section 517.18, or a person authorized to practice marriage
and family therapy under section 148B.33. The education must include the use of a premarital
inventory and the teaching of communication and conflict management skills.

(c) The statement from the person who provided the premarital education under paragraph
(b) must be in the following form:

"I, .......................... (name of educator), confirm that .......................... (names of both
parties) received at least 12 hours of premarital education that included the use of a premarital
inventory and the teaching of communication and conflict management skills. I am a licensed
or ordained minister, a person authorized to solemnize civil marriages under Minnesota
Statutes, section 517.18, or a person licensed to practice marriage and family therapy under
Minnesota Statutes, section 148B.33."

The names of the parties in the educator's statement must be identical to the legal names
of the parties as they appear in the civil marriage license application. Notwithstanding
section 138.17, the educator's statement must be retained for seven years, after which time
it may be destroyed.

(d) If section 259.13 applies to the request for a civil marriage license, the local registrar
shall grant the civil marriage license without the requested name change. Alternatively, the
local registrar may delay the granting of the civil marriage license until the party with the
conviction:

(1) certifies under oath that 30 days have passed since service of the notice for a name
change upon the prosecuting authority and, if applicable, the attorney general and no
objection has been filed under section 259.13; or

(2) provides a certified copy of the court order granting it. The parties seeking the civil
marriage license shall have the right to choose to have the license granted without the name
change or to delay its granting pending further action on the name change request.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from January 1, 2021.
new text end

Sec. 2.

Minnesota Statutes 2020, section 524.2-503, is amended to read:


524.2-503 HARMLESS ERROR.

(a) If a document or writing added upon a document was not executed in compliance
with section 524.2-502, the document or writing is treated as if it had been executed in
compliance with section 524.2-502 if the proponent of the document or writing establishes
by clear and convincing evidence that the decedent intended the document or writing to
constitute:

(1) the decedent's will;

(2) a partial or complete revocation of the will;

(3) an addition to or an alteration of the will; or

(4) a partial or complete revival of the decedent's formerly revoked will or of a formerly
revoked portion of the will.

(b) This section applies to documents and writings executed on or after March 13, 2020deleted text begin ,
but before February 15, 2021
deleted text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from March 13, 2020, and
applies to documents and writings executed on or after March 13, 2020.
new text end