HF 3562

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to civil law; removing the five-day waiting requirement to issue a
marriage license; amending Minnesota Statutes 2007 Supplement, section
517.08, subdivision 1b.

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

Section 1.

Minnesota Statutes 2007 Supplement, 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 party applying for a license relative to the legality of the
contemplated marriage. deleted text begin If at the expiration of a five-day period, deleted text end On being 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 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. deleted text begin In case
of emergency or extraordinary circumstances, a judge of the district court of the county in
which the application is made, may authorize the license to be issued at any time before
the expiration of the five days. deleted text end Except as provided in paragraph (b), the local registrar
shall collect from the applicant a fee of $110 for administering the oath, issuing, recording,
and filing all papers required, and preparing and transmitting to the state registrar of vital
statistics the reports of 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 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 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 marriage license a signed and dated statement from
the person who provided the premarital education 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 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 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 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 marriage license, the local registrar
shall grant the marriage license without the requested name change. Alternatively, the local
registrar may delay the granting of the 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
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.