HF 119

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to marriage; providing alternate forms of 
  1.3             marriage solemnization; amending Minnesota Statutes 
  1.4             2002, section 517.18. 
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  Minnesota Statutes 2002, section 517.18, is 
  1.7   amended to read: 
  1.8      517.18 [MARRIAGE SOLEMNIZATION.] 
  1.9      Subdivision 1.  [FRIENDS.] All Marriages solemnized among 
  1.10  the people called Friends or Quakers, in the form heretofore 
  1.11  practiced and in use in their meetings, shall be valid and not 
  1.12  affected by any of the foregoing provisions.  The clerk of the 
  1.13  meeting in which such marriage is solemnized, within one month 
  1.14  after any such marriage, shall deliver a certificate of the same 
  1.15  to the court administrator of the district court of the county 
  1.16  where the marriage took place, under penalty of not more than 
  1.17  $100.  Such certificate shall be filed and recorded by the court 
  1.18  administrator under a like penalty.  If such marriage does not 
  1.19  take place in such meeting, such certificate shall be signed by 
  1.20  the parties and at least six witnesses present, and shall be 
  1.21  filed and recorded as above provided under a like penalty. 
  1.22     Subd. 2.  [BAHA'I.] Marriages may be solemnized among 
  1.23  members of the Baha'i faith by the chair of an incorporated 
  1.24  local Spiritual Assembly of the Baha'is, according to the form 
  1.25  and usage of such society. 
  2.1      Subd. 3.  [BUDDHISTS; HINDUS; MUSLIMS.] Marriages may be 
  2.2   solemnized among Buddhists, Hindus, or Muslims by the person 
  2.3   chosen by a local Buddhist, Hindu, or Muslim association, 
  2.4   according to the form and usage of their respective religions. 
  2.5      Subd. 4.  [AMERICAN INDIANS.] Marriages may be solemnized 
  2.6   among American Indians according to the form and usage of their 
  2.7   religion by an Indian Mide' or holy person chosen by the parties 
  2.8   to the marriage. 
  2.9      Subd. 4a.  [HMONG.] Marriages may be solemnized among Hmong 
  2.10  by tus ntoo tshoob and tus tsaub tshoob, the two representatives 
  2.11  of the parents of the parties to the marriage, one chosen by the 
  2.12  groom's family and one chosen by the bride's family, according 
  2.13  to the form and usage of Hmong culture. 
  2.14     Subd. 5.  Nothing in subdivisions 2 to 4 4a shall be 
  2.15  construed to alter the requirements of section 517.01, 517.09, 
  2.16  or 517.10. 
  2.17     Subd. 6.  [FILING OF CERTIFICATE.] Within one month after a 
  2.18  marriage is solemnized in any manner specified in subdivisions 2 
  2.19  to 4, the solemnizer shall deliver a certificate of the marriage 
  2.20  to the district court of the county where the marriage took 
  2.21  place, under penalty of up to $100 for failing to do so.  The 
  2.22  certificate must be filed and recorded by the court 
  2.23  administrator, under penalty of up to $100 for failing to do so. 
  2.24     For marriages solemnized under subdivision 1, the clerk of 
  2.25  the meeting shall deliver the certificate.  If the marriage does 
  2.26  not take place in a meeting, the certificate must be signed by 
  2.27  the parties and at least six witnesses present. 
  2.28     For marriages solemnized under subdivision 4a, the parties 
  2.29  to the marriage shall deliver the certificate. 
  2.30     Subd. 7.  [RETROACTIVITY.] Marriages performed in a manner 
  2.31  described in subdivision 3 or 4a before the effective date of 
  2.32  this section may be retroactively validated to the date of the 
  2.33  original ceremony within one year of the effective date of this 
  2.34  section by complying with this subdivision.  A certificate of 
  2.35  marriage must be signed by one of the parties and four witnesses 
  2.36  present at the time the original ceremony occurred.  The 
  3.1   certificate must state the original date of the marriage and 
  3.2   must otherwise be filed under subdivision 6.  In addition, if a 
  3.3   marriage license was not obtained at the time of the original 
  3.4   ceremony, the parties must obtain a marriage license by the time 
  3.5   the certificate is filed under subdivision 6.