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Minnesota Legislature

Office of the Revisor of Statutes

HF 3304

as introduced - 90th Legislature (2017 - 2018) Posted on 03/21/2018 02:07pm

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to public health; establishing a domestic violence and sexual assault
prevention program; modifying fees; requiring reports; amending Minnesota
Statutes 2016, section 517.08, subdivisions 1b, 1c; proposing coding for new law
in Minnesota Statutes, chapter 145.

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

Section 1.

new text begin [145.987] DOMESTIC VIOLENCE AND SEXUAL ASSAULT
PREVENTION PROGRAM.
new text end

new text begin Subdivision 1. new text end

new text begin Program establishment. new text end

new text begin The commissioner of health, through the
Department of Health's injury and prevention unit, shall administer the domestic violence
and sexual assault prevention program as established under this section.
new text end

new text begin Subd. 2. new text end

new text begin Fund created. new text end

new text begin A domestic violence and sexual assault prevention account is
created in the special revenue fund for deposits of receipts from civil marriage license fees
under section 517.08, subdivision 1c, paragraph (a), clause (6), and paragraph (b), clause
(3). The funds available in the account are annually appropriated to the commissioner of
health for the purposes of this section.
new text end

new text begin Subd. 3. new text end

new text begin Grant criteria. new text end

new text begin (a) The commissioner shall award grants from the domestic
violence and sexual assault prevention fund to nonprofit organizations for the purpose of
funding programs that incorporate community-driven and culturally relevant practices to
prevent domestic violence and sexual assault. Grants made pursuant to this section may
either (1) encourage the development and deployment of new prevention efforts, or (2)
enhance, sustain, or expand existing prevention efforts.
new text end

new text begin (b) The commissioner of health shall award grants to nonprofit organizations supporting
activities that:
new text end

new text begin (1) promote the general development of domestic violence and sexual assault prevention
programs and activities;
new text end

new text begin (2) implement prevention activities through community outreach that address the root
causes of domestic violence and sexual assault;
new text end

new text begin (3) identify risk and protective factors to develop domestic violence and sexual assault
prevention strategies and outreach activities;
new text end

new text begin (4) provide trauma-informed domestic violence and sexual assault prevention services;
new text end

new text begin (5) educate youth and adults about healthy relationships and changing social norms;
new text end

new text begin (6) develop culturally and linguistically appropriate domestic violence and sexual assault
prevention programs for historically underserved communities;
new text end

new text begin (7) work collaboratively with educational institutions to implement domestic violence
and sexual assault prevention strategies for students, teachers, and administrators; or
new text end

new text begin (8) work collaboratively with other nonprofit organizations, school districts, for-profit
organizations, and other community-based organizations to implement domestic violence
and sexual assault prevention strategies within their communities.
new text end

new text begin Subd. 4. new text end

new text begin Definition. new text end

new text begin For purposes of this section, "domestic violence and sexual assault"
includes, but is not limited to, the following:
new text end

new text begin (1) intimate partner violence, including emotional and psychological abuse;
new text end

new text begin (2) sex trafficking as defined in section 609.321, subdivision 7a;
new text end

new text begin (3) domestic abuse as defined in section 518B.01, subdivision 2;
new text end

new text begin (4) any sexual assault crime in sections 609.342 to 609.3453;
new text end

new text begin (5) abusive international marriage; and
new text end

new text begin (6) forced marriage.
new text end

new text begin Subd. 5. new text end

new text begin Promotion; administration. new text end

new text begin The commissioner may spend up to 15 percent
of the total program funding for each fiscal year to promote and administer the program
authorized under this section and to provide technical assistance to program grantees.
new text end

new text begin Subd. 6. new text end

new text begin Nonstate sources. new text end

new text begin The commissioner may accept contributions from nonstate
sources to supplement state appropriations for the program authorized under this section.
Contributions received under this subdivision are appropriated to the commissioner for
purposes of this section.
new text end

new text begin Subd. 7. new text end

new text begin Program evaluation. new text end

new text begin The commissioner of health shall report by February 28
of each even-numbered year to the legislative committees with jurisdiction over health
detailing the expenditures of funds authorized under this section. The commissioner shall
use the data to evaluate the effectiveness of the program. The commissioner must include
in the report:
new text end

new text begin (1) the number of organizations receiving grant money under this section;
new text end

new text begin (2) the number of individuals served by the grant program;
new text end

new text begin (3) a description and analysis of the best practices implemented by program grantees;
and
new text end

new text begin (4) best practices recommendations to prevent domestic violence and sexual assault,
including best practices recommendations that are culturally relevant to historically
underserved communities.
new text end

new text begin (b) Any organization receiving grant money under this section must collect and make
available to the commissioner of health aggregate data related to the activity funded by the
grant program under this section.
new text end

Sec. 2.

Minnesota Statutes 2016, 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 parties applying for a license relative to the legality of the
contemplated civil marriage. 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 civil marriage application to the party who is unable to appear, who must verify the
accuracy of the appearing party's information in a notarized statement. The civil marriage
license must not be released until the verification statement has been received by the local
registrar. If the local registrar is 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 the civil 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. Except as provided in paragraph (b),
the local registrar shall collect from the applicant a fee of deleted text begin$115deleted text endnew text begin $130new text end for administering the
oath, issuing, recording, and filing all papers required, and preparing and transmitting to
the state registrar of vital records the reports of civil 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 civil 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 civil marriage license fee for parties who have completed at least 12 hours of
premarital education is deleted text begin$40deleted text endnew text begin $55new text end. In order to qualify for the reduced license fee, the parties
must submit at the time of applying for the civil 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 civil 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 civil 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 civil 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 civil marriage license, the local registrar
shall grant the civil marriage license without the requested name change. Alternatively, the
local registrar may delay the granting of the civil 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 civil
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.

Sec. 3.

Minnesota Statutes 2016, section 517.08, subdivision 1c, is amended to read:


Subd. 1c.

Disposition of license fee.

(a) Of the civil marriage license fee collected
pursuant to subdivision 1b, paragraph (a), $25 must be retained by the county. The local
registrar must pay deleted text begin$90deleted text endnew text begin $105new text end 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;
deleted text begin and
deleted text end

(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
137.32deleted text begin.deleted text endnew text begin; and
new text end

new text begin (6) $15 in the special revenue fund, which is appropriated to the commissioner of health
for the domestic violence and sexual assault prevention program under section 145.987.
new text end

(b) Of the deleted text begin$40deleted text endnew text begin $55new text end fee under subdivision 1b, paragraph (b), $25 must be retained by the
county. The local registrar must pay deleted text begin$15deleted text endnew text begin $30new text end to the commissioner of management and
budget to be deposited as follows:

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

(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.96deleted text begin.deleted text endnew text begin;
and
new text end

new text begin (3) $15 as provided in paragraph (a), clause (6).
new text end