HF 1746

as introduced - 87th Legislature (2011 - 2012) Posted on 05/20/2011 08:50am

A bill for an act
relating to civil law; providing for civil union relationships; substituting civil
union for marriage for purposes of Minnesota law; amending Minnesota Statutes
2010, sections 363A.27; 517.01; 517.02; 517.03; 517.07; 517.08; 517.10;
517.101; 517.20; proposing coding for new law in Minnesota Statutes, chapter
517; repealing Minnesota Statutes 2010, sections 517.04; 517.041; 517.05;
517.06; 517.09; 517.13; 517.14; 517.15; 517.16; 517.18.

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

Section 1.

Minnesota Statutes 2010, section 363A.27, is amended to read:

363A.27 CONSTRUCTION OF LAW.

Nothing in this chapter shall be construed to:

(1) mean the state of Minnesota condones homosexuality or bisexuality or any
equivalent lifestyle;

(2) authorize or permit the promotion of homosexuality or bisexuality in education
institutions or require the teaching in education institutions of homosexuality or
bisexuality as an acceptable lifestyle; new text begin or
new text end

(3) authorize or permit the use of numerical goals or quotas, or other types
of affirmative action programs, with respect to homosexuality or bisexuality in the
administration or enforcement of the provisions of this chapter deleted text begin ; or deleted text end new text begin .
new text end

deleted text begin (4) authorize the recognition of or the right of marriage between persons of the
same sex.
deleted text end

Sec. 2.

Minnesota Statutes 2010, section 517.01, is amended to read:

517.01 deleted text begin MARRIAGE A deleted text end CIVIL deleted text begin CONTRACT deleted text end new text begin UNION new text end .

deleted text begin Marriage deleted text end new text begin A civil union new text end , so far as its validity in law is concerned, is a civil contract
between deleted text begin a man and a woman deleted text end new text begin two parties, recognized by the state of Minnesota new text end , to which
the consent of the parties, capable in law of contracting, is essential. deleted text begin Lawful marriage may
be contracted only between persons of the opposite sex and only deleted text end new text begin A civil union is only valid
new text end when a license has been obtained as provided by law and when the deleted text begin marriage deleted text end new text begin civil union new text end is
deleted text begin contracted deleted text end new text begin entered new text end in the presence of two witnesses deleted text begin and solemnized by one authorized, or
whom one or both of the parties in good faith believe to be authorized, so to do. Marriages
subsequent to April 26, 1941, not so contracted shall be null and void deleted text end .

Sec. 3.

Minnesota Statutes 2010, section 517.02, is amended to read:

517.02 PERSONS CAPABLE OF deleted text begin CONTRACTING deleted text end new text begin ENTERING CIVIL
UNIONS new text end .

Every person who has attained the full age of 18 years is capable in law of
deleted text begin contracting marriage deleted text end new text begin entering a civil union new text end , if otherwise competent. A person of the full
age of 16 years may, with the consent of the person's legal custodial parents, guardian,
or the court, as provided in section 517.08, receive a new text begin civil union new text end license deleted text begin to marry deleted text end , when,
after a careful inquiry into the facts and the surrounding circumstances, the person's
application for a license and consent for deleted text begin marriage deleted text end new text begin civil union new text end of a minor form is approved
by the judge of the district court of the county in which the person resides. If the judge
of the district court of the county in which the person resides is absent from the county
and has not by order assigned another judge or a retired judge to act in the judge's stead,
then the court commissioner or any judge of district court of the county may approve the
application for a license.

The consent for deleted text begin marriage deleted text end new text begin civil union new text end of a minor must be in the following form:

STATE OF MINNESOTA, COUNTY OF .................... (insert county name)

I/We ........................... (insert legal custodial parent or guardian names) under oath
or affirmation say:

That I/we are the legal custodial parent(s) or guardian of ...........................
(insert name of minor), who was born at ........................... (insert place of birth) on
........................... (insert date of birth) who is presently the age of ....... (insert age).

That the minor has not been previously married new text begin or entered into a civil union new text end .

That I/we consent to the deleted text begin marriage deleted text end new text begin civil union new text end of this minor to ...........................
(insert name of the person minor intends to deleted text begin marry deleted text end new text begin join in a civil union new text end ) who is of the
age of ....... (insert age).

That affidavit is being made for the purpose of requesting the judge's consent to
allow this minor to deleted text begin marry deleted text end new text begin enter a civil union new text end and make this deleted text begin marriage deleted text end new text begin civil union new text end legal.

Date: .............................

.....................................................................................................

.....................................................................................................

(Signature of legal custodial parents or guardian)

Sworn to or affirmed and acknowledged before me on this ....... day of .................... .

..........................................

NOTARY PUBLIC

STATE OF MINNESOTA, COUNTY OF .................... (insert county name).

The undersigned is the judge of the district court where the minor resides and grants
the request for the minor to deleted text begin marry deleted text end new text begin enter a civil union new text end .

................................ (judge of district court)

................................ (date).

Sec. 4.

Minnesota Statutes 2010, section 517.03, is amended to read:

517.03 PROHIBITED MARRIAGES new text begin AND CIVIL UNIONS new text end .

Subdivision 1.

General.

deleted text begin (a) deleted text end The following marriages new text begin and civil unions new text end are prohibited:

(1) a marriage new text begin or civil union new text end entered into before the dissolution of an earlier marriage
new text begin or civil union new text end of one of the parties becomes final, as provided in section 518.145 or by the
law of the jurisdiction where the dissolution was granted;

(2) a marriage new text begin or civil union new text end between an ancestor and a descendant, or between
a brother and a sister, whether the relationship is by the half or the whole blood or by
adoption; new text begin and
new text end

(3) a marriage new text begin or civil union new text end between an uncle and a niece, between an aunt and a
nephew, or between first cousins, whether the relationship is by the half or the whole blood,
except as to marriages permitted by the established customs of aboriginal cultures deleted text begin ; and
deleted text end

deleted text begin (4) a marriage between persons of the same sex.
deleted text end

deleted text begin (b) A marriage entered into by persons of the same sex, either under common law or
statute, that is recognized by another state or foreign jurisdiction is void in this state and
contractual rights granted by virtue of the marriage or its termination are unenforceable in
this state.
deleted text end

Subd. 2.

Developmentally disabled persons; consent by commissioner of
human services.

Developmentally disabled persons committed to the guardianship of
the commissioner of human services and developmentally disabled persons committed
to the conservatorship of the commissioner of human services in which the terms of
the conservatorship limit the right to marry new text begin or enter a civil union new text end , may deleted text begin marry deleted text end new text begin enter a
civil union new text end on receipt of written consent of the commissioner. The commissioner shall
grant consent unless it appears from the commissioner's investigation that the deleted text begin marriage deleted text end new text begin
civil union new text end is not in the best interest of the ward or conservatee and the public. The
local registrar in the county where the application for a license is made by the ward or
conservatee shall not issue the license unless the local registrar has received a signed copy
of the consent of the commissioner of human services.

Sec. 5.

Minnesota Statutes 2010, section 517.07, is amended to read:

517.07 LICENSE.

Before any persons are joined in deleted text begin marriage deleted text end new text begin a civil union new text end in Minnesota, a license
shall be obtained from the local registrar of any county within Minnesota. The deleted text begin marriage deleted text end new text begin
civil union in Minnesota new text end need not deleted text begin take place deleted text end new text begin be formally entered new text end in the county where the
license is obtained but must take place within the geographical borders of Minnesota.

Sec. 6.

Minnesota Statutes 2010, section 517.08, is amended to read:

517.08 APPLICATION FOR LICENSE.

Subd. 1a.

Form.

Application for a deleted text begin marriage deleted text end new text begin civil union new text end 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 marriage was dissolved or annulled or the date and
place of death of the former spouse;

new text begin (5) if either party has previously been a party to a civil union, the date of the civil
union, and the place and court in which the civil union contract was dissolved;
new text end

deleted text begin (5) deleted text end new text begin (6) new text end if either party is a minor, the name and address of the minor's parents or
guardian;

deleted text begin (6) deleted text end new text begin (7) new text end whether the parties are related to each other, and, if so, their relationship;

deleted text begin (7) deleted text end new text begin (8) new text end address of the deleted text begin bride and groom deleted text end new text begin parties new text end after the deleted text begin marriage deleted text end new text begin civil union is entered
new text end to which the local registrar shall send a certified copy of the deleted text begin marriage certificate deleted text end new text begin civil union new text end ;

deleted text begin (8) deleted text end new text begin (9) new text end the full names the parties will have after deleted text begin marriage deleted text end new text begin the civil union is entered
new text end and the parties' Social Security numbers. The Social Security numbers must be collected
for the application but must not appear on the deleted text begin marriage deleted text end new text begin civil union new text end license. If a party
listed on a deleted text begin marriage deleted text end new text begin civil union new text end 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;

deleted text begin (9) deleted text end new text begin (10) new text end if one or both of the new text begin individual new text end parties deleted text begin to the marriage license deleted text end has a felony
conviction under Minnesota law or the law of another state or federal jurisdiction, the
parties shall provide to the county proof of service upon the prosecuting authority and, if
applicable, the attorney general, as required by section 259.13; and

deleted text begin (10) deleted text end new text begin (11) new text end 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 deleted text begin marriage deleted text end new text begin
a civil union is entered new text end except as authorized by section 259.13, and that doing so is a
gross misdemeanor.

Subd. 1b.

Term of license; fee; deleted text begin premarital education deleted text end .

(a) The local registrar
shall examine upon oath the parties applying for a license relative to the legality of the
contemplated deleted text begin marriage deleted text end new text begin civil union new text end . 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 deleted text begin marriage deleted text end new text begin civil union new text end application to the party who is unable to appear,
who must verify the accuracy of the party's information in a notarized statement. The
deleted text begin marriage deleted text end new text begin civil union new text end license must not be released until the verification statement has been
received by the local registrar. If at the expiration of a five-day period, 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 deleted text begin marriage deleted text end new text begin the civil union new text end , 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 (c), 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 statistics the
reports of deleted text begin marriage deleted text end new text begin the civil union new text end 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 deleted text begin marriage deleted text end new text begin civil union new text end 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) 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 expiration of the five-day period required under paragraph (a). A waiver
of the five-day waiting period must be in the following form:

STATE OF MINNESOTA, COUNTY OF .................... (insert county name)

APPLICATION FOR WAIVER OF deleted text begin MARRIAGE deleted text end new text begin CIVIL UNION new text end LICENSE
WAITING PERIOD:

................................................................................. (legal names of the applicants)

Represent and state as follows:

That on ......................... (date of application) the applicants applied to the local
registrar of the above-named county for a license to deleted text begin marry deleted text end new text begin enter a civil union new text end .

That it is necessary that the license be issued before the expiration of five days
from the date of the application by reason of the following: (insert reason for requesting
waiver of waiting period)

.............................................................................................................

.............................................................................................................

.............................................................................................................

WHEREAS, the applicants request that the judge waive the required five-day
waiting period and the local registrar be authorized and directed to issue the deleted text begin marriage deleted text end
new text begin civil union new text end license immediately.

Date: .............................

.......................................................................................

.......................................................................................

(Signatures of applicants)

Acknowledged before me on this ....... day of .................... .

..........................................

NOTARY PUBLIC

COURT ORDER AND AUTHORIZATION:

STATE OF MINNESOTA, COUNTY OF .................... (insert county name)

After reviewing the above application, I am satisfied that an emergency or
extraordinary circumstance exists that justifies the issuance of the deleted text begin marriage deleted text end new text begin civil union
new text end license before the expiration of five days from the date of the application. IT IS HEREBY
ORDERED that the local registrar is authorized and directed to issue the license forthwith.

.....................................................

................................ (judge of district court)

................................ (date).

deleted text begin (c) 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 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 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.
deleted text end

deleted text begin (d) The statement from the person who provided the premarital education under
paragraph (b) must be in the following form:
deleted text end

deleted text begin "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."
deleted text end

deleted text begin 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.
deleted text end

deleted text begin (e) deleted text end new text begin (c) new text end If section 259.13 applies to the request for a deleted text begin marriage deleted text end new text begin civil union new text end license, the
local registrar shall grant the deleted text begin marriage deleted text end new text begin civil union new text end license without the requested name
change. Alternatively, the local registrar may delay the granting of the deleted text begin marriage deleted text end new text begin civil
union new text end 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
deleted text begin marriage deleted text end new text begin civil union new text end 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.

Subd. 1c.

Disposition of license fee.

(a) Of the deleted text begin marriage deleted text end new text begin civil union new text end license fee
collected pursuant to subdivision 1b, paragraph (a), $25 must be retained by the county.
The local registrar must pay $90 to the commissioner of management and budget to be
deposited as follows:

(1) $55 in the general fund;

(2) $3 in the state government special revenue fund to be appropriated to the
commissioner of public safety for parenting time centers under section 119A.37;

(3) $2 in the special revenue fund to be appropriated to the commissioner of health
for developing and implementing the MN ENABL program under section 145.9255;

(4) $25 in the special revenue fund is appropriated to the commissioner of
employment and economic development for the displaced homemaker program under
section 116L.96; and

(5) $5 in the special revenue fund, which is appropriated to the Board of Regents
of the University of Minnesota for the Minnesota couples on the brink project under
section 137.32.

deleted text begin (b) Of the $40 fee under subdivision 1b, paragraph (b), $25 must be retained by the
county. The local registrar must pay $15 to the commissioner of management and budget
to be deposited as follows:
deleted text end

deleted text begin (1) $5 as provided in paragraph (a), clauses (2) and (3); and
deleted text end

deleted text begin (2) $10 in the special revenue fund is appropriated to the commissioner of
employment and economic development for the displaced homemaker program under
section 116L.96.
deleted text end

Subd. 4.

Report.

The local registrar of each county shall annually report to the
Department of Health the number of deleted text begin marriage deleted text end new text begin civil union new text end licenses issued in the county for
which the fee in subdivision 1b, paragraph (a), was paid deleted text begin and the number for which the fee
in subdivision 1b, paragraph (b), was paid deleted text end .

Sec. 7.

Minnesota Statutes 2010, section 517.10, is amended to read:

517.10 CERTIFICATE; WITNESSES.

The deleted text begin person solemnizing a marriage deleted text end new text begin local registrar of each county new text end shall prepare and
sign a certificate new text begin of lawful civil union new text end . The certificate shall contain the full names of the
parties before and after deleted text begin marriage deleted text end new text begin the civil union new text end , the birth dates of the parties, and county
and state of residences of the parties and the date and place of the deleted text begin marriage deleted text end new text begin civil union new text end .
The certificate shall also contain the signatures of at least two of the witnesses present
at the deleted text begin marriage deleted text end new text begin time the civil union was signed new text end who shall be at least 16 years of age.
The deleted text begin person solemnizing the marriage deleted text end new text begin registrar new text end shall immediately make a record of such
deleted text begin marriage deleted text end new text begin civil union new text end , and file such certificate deleted text begin with the local registrar of the county in which
the license was issued deleted text end within five days after the ceremony. The local registrar shall record
such certificate in the county deleted text begin marriage deleted text end new text begin civil union new text end records.

Sec. 8.

Minnesota Statutes 2010, section 517.101, is amended to read:

517.101 CERTIFIED COPIES OF deleted text begin MARRIAGE deleted text end CERTIFICATE.

Within ten days of receipt of the certificate and after recording the certificate the local
registrar shall prepare a certified copy of the certificate to be mailed to the deleted text begin married deleted text end parties.

Sec. 9.

Minnesota Statutes 2010, section 517.20, is amended to read:

517.20 APPLICATION.

deleted text begin Except as provided in section 517.03, subdivision 1, paragraph (b), deleted text end All marriages
new text begin and civil unions new text end contracted within this state deleted text begin prior to March 1, 1979 deleted text end or outside this state
that were valid at the time of the contract or subsequently validated by the laws of the
place in which they were contracted or by the domicile of the parties are valid in this state.

Sec. 10.

new text begin [517.22] MARRIAGE BY RELIGIOUS INSTITUTION NOT
PROHIBITED.
new text end

new text begin (a) Nothing in this chapter prohibits a religious institution or cultural group from
performing a ceremony of marriage, according to any applicable rules or customs of the
institution or group. A licensed or ordained minister may be a witness to the signing of a
civil union as required by section 517.10.
new text end

new text begin (b) Notwithstanding a marriage ceremony performed by a religious institution or
cultural group, the parties to that ceremony are not entitled to the rights, benefits, or
privileges of Minnesota law resulting from a civil union until such civil union is lawfully
signed and entered as provided in this chapter.
new text end

Sec. 11.

new text begin [517.23] MEANING OF CIVIL UNION.
new text end

new text begin Wherever the term "marriage," "marital," "marry," or "married" is used in Minnesota
statute in reference to the rights, obligations, or privileges of a couple under law, the term
shall include a civil union, or parties to a civil union, as established by this chapter. A term
subject to this definition must also be interpreted in reference to the context in which it
appears, but may not be interpreted to limit or exclude any parties who have entered a
valid civil union under this chapter.
new text end

Sec. 12.

new text begin [517.24] EFFECT ON FEDERAL LAW AND IN OTHER
JURISDICTIONS.
new text end

new text begin To the extent that the term "marriage" is given legal effect in federal law or the law
of another jurisdiction, a Minnesota civil union is the equivalent of a marriage.
new text end

Sec. 13. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2010, sections 517.04; 517.041; 517.05; 517.06; 517.09; 517.13;
517.14; 517.15; 517.16; and 517.18, new text end new text begin are repealed.
new text end

Sec. 14. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 13 are effective August 1, 2012, and apply to civil unions applied for
on or after that date. After August 1, 2012, the local registrar of each county is prohibited
from accepting or processing an application for a marriage license that is inconsistent
with the requirements of this act.
new text end