SF 2422

1st Engrossment - 88th Legislature (2013 - 2014) Posted on 05/07/2014 08:46am

A bill for an act
relating to marriage; authorizing notaries to perform civil marriages; amending
Minnesota Statutes 2012, section 359.04; Minnesota Statutes 2013 Supplement,
section 517.04.

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

Section 1.

Minnesota Statutes 2012, section 359.04, is amended to read:

359.04 POWERS.

Every notary public so appointed, commissioned, and qualified shall have power
throughout this state to administer all oaths required or authorized to be administered in
this state; to take and certify all depositions to be used in any of the courts of this state; to
take and certify all acknowledgments of deeds, mortgages, liens, powers of attorney, and
other instruments in writing or electronic records; new text begin to solemnize a civil marriage pursuant
to section 517.04, paragraph (b), new text end and to receive, make out, and record notarial protests.

Sec. 2.

Minnesota Statutes 2013 Supplement, section 517.04, is amended to read:

517.04 PERSONS AUTHORIZED TO PERFORM CIVIL MARRIAGES.

new text begin (a) new text end Civil marriages may be solemnized throughout the state by an individual who
has attained the age of 21 years and is a judge of a court of record, a retired judge of a
court of record, a court administrator, a retired court administrator with the approval of the
chief judge of the judicial district, a former court commissioner who is employed by the
court system or is acting pursuant to an order of the chief judge of the commissioner's
judicial district, the residential school administrators of the Minnesota State Academy
for the Deaf and the Minnesota State Academy for the Blind, a licensed or ordained
minister of any religious denomination, or by any mode recognized in section 517.18. For
purposes of this section, a court of record includes the Office of Administrative Hearings
under section 14.48.

new text begin (b) Civil marriages may be solemnized throughout the state by an individual who
has attained the age of 21 years and is a commissioned resident or nonresident notary
under chapter 359. The notary must have filed the notary's current notary commission
pursuant to section 359.061, subdivision 1 or 2, and must also have and obtained a county
notary certificate pursuant to section 359.061, subdivision 4, prior to solemnizing a civil
marriage. The county where the notary commission is filed shall be endorsed upon the
certificate of civil marriage by the notary. The notary shall uphold the standards of
conduct in section 359.085 in solemnizing a civil marriage.
new text end