HF 2539

as introduced - 93rd Legislature (2023 - 2024) Posted on 03/02/2023 02:13pm

A bill for an act
relating to marriage; changing the process by which a person with a felony
conviction applies for a name change; amending Minnesota Statutes 2022, sections
259.13, subdivision 1; 517.08, subdivision 1a.

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

Section 1.

Minnesota Statutes 2022, section 259.13, subdivision 1, is amended to read:

Subdivision 1.

Procedure for seeking name change.

(a) A person with a felony
conviction under Minnesota law or the law of another state or federal jurisdiction shall serve
a notice of application for a name change on the prosecuting authority that obtained the
conviction against the person when seeking a name change through one of the following
procedures:

(1) an application for a name change under section 259.10; new text begin or
new text end

deleted text begin (2) a request for a name change as part of an application for a marriage license under
section 517.08; or
deleted text end

deleted text begin (3) deleted text end new text begin (2) new text end a request for a name change in conjunction with a marriage dissolution under
section 518.27.

If the conviction is from another state or federal jurisdiction, notice of application must also
be served on the attorney general.

(b) A person who seeks a name change under section 259.10 or 518.27 shall file proof
of service with the court as part of the name change request. deleted text begin A person who seeks a name
change under section 517.08 shall file proof of service with the county as part of the
application for a marriage license.
deleted text end

(c) The name change request may not be granted during the 30-day period provided for
in subdivision 2 or, if an objection is filed under subdivision 2, until satisfaction of the
requirements in subdivision 3 or 4. Nothing in this section shall delay the granting of a
marriage license under section 517.08, which may be granted without the name change.

Sec. 2.

Minnesota Statutes 2022, 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 and the sex of each party;

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

(3) their full ages;

(4) if either party has previously been married, the party's married name, and 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 deleted text begin or both of the parties deleted text end new text begin party new text end to the civil marriage license has a felony conviction
under Minnesota law or the law of another state or federal jurisdiction, the deleted text begin parties shall
provide to the county proof of service upon the prosecuting authority and, if applicable, the
attorney general, as required by deleted text end new text begin party may not change the party's name through the marriage
application process and must follow the process in new text end section 259.13 new text begin to change the party's
name new text end ; 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.