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Minnesota Legislature

Office of the Revisor of Statutes

HF 3974

as introduced - 90th Legislature (2017 - 2018) Posted on 03/21/2018 02:14pm

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

Current Version - as introduced

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A bill for an act
relating to marriage; eliminating provisions allowing marriages by minors; requiring
proof of age;amending Minnesota Statutes 2016, sections 517.02; 517.03,
subdivision 1; 517.08, subdivisions 1a, 1b, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2016, section 517.02, is amended to read:


517.02 PERSONS CAPABLE OF CONTRACTING.

deleted text begin Everydeleted text endnew text begin Anew text end person who has attained the full age of 18 years is capable in law of contracting
into a civil marriage, if otherwise competent. deleted text beginA 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 license to marry, when, after a careful inquiry into the facts and
the surrounding circumstances, the person's application for a license and consent for civil
marriage 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.
deleted text end

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

deleted text begin STATE OF MINNESOTA, COUNTY OF .................... (insert county name)
deleted text end

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

deleted text begin 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).
deleted text end

deleted text begin That the minor has not been previously married.
deleted text end

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

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

deleted text begin Date: .............................
deleted text end

deleted text begin .....................................................................................................
deleted text end

deleted text begin .....................................................................................................
deleted text end

deleted text begin (Signature of legal custodial parents or guardian)
deleted text end

deleted text begin Sworn to or affirmed and acknowledged before me on this ....... day of .................... .
deleted text end

deleted text begin ..........................................
deleted text end

deleted text begin NOTARY PUBLIC
deleted text end

deleted text begin STATE OF MINNESOTA, COUNTY OF .................... (insert county name).
deleted text end

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

deleted text begin ................................ (judge of district court)
deleted text end

deleted text begin ................................ (date).
deleted text end

new text begin EFFECTIVE DATE; APPLICATION. new text end

new text begin This section is effective August 1, 2018, and
applies to marriages entered into on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2016, section 517.03, subdivision 1, is amended to read:


Subdivision 1.

General.

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

(1) a civil marriage entered into before the dissolution of an earlier civil marriage 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 civil marriage between an ancestor and a descendant, or between siblings, whether
the relationship is by the half or the whole blood or by adoption; deleted text beginand
deleted text end

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

new text begin (4) a civil marriage entered into between persons when both have not attained the full
age of 18 years.
new text end

new text begin (b) A civil marriage prohibited under paragraph (a), clause (4), that is recognized by
another state or foreign jurisdiction under common law or statute, is void and against the
public policy of this state unless neither party was a resident of this state at the time the
marriage was entered into.
new text end

new text begin EFFECTIVE DATE; APPLICATION. new text end

new text begin This section is effective August 1, 2018, and
applies to marriages entered into on or after that date.
new text end

Sec. 3.

Minnesota Statutes 2016, 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;

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

deleted text begin (6)deleted text end new text begin(5) new text endwhether the parties are related to each other, and, if so, their relationship;

deleted text begin (7)deleted text end new text begin(6) new text endthe 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;

deleted text begin (8)deleted text end new text begin(7) new text endthe 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;

deleted text begin (9)deleted text end new text begin(8) new text endif one or both of the parties to the civil marriage license 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(9) new text endnotice 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.

new text begin EFFECTIVE DATE; APPLICATION. new text end

new text begin This section is effective August 1, 2018, and
applies to applications submitted to the local registrar on or after that date.
new text end

Sec. 4.

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. new text beginBoth parties must present proof of age to the local registrar.
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 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. new text beginThe verification statement must be
accompanied by a copy of proof of age of the party.
new text endThe civil marriage license must not be
released until the verification statement new text beginand proof of age new text endhas 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 $115 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 $40. 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.

new text begin EFFECTIVE DATE; APPLICATION. new text end

new text begin This section is effective August 1, 2018, and
applies to applications submitted to the local registrar on or after that date.
new text end

Sec. 5.

Minnesota Statutes 2016, section 517.08, is amended by adding a subdivision to
read:


new text begin Subd. 1d. new text end

new text begin Proof of age. new text end

new text begin For purposes of this section, proof of the age of a party may be
established in the form of:
new text end

new text begin (1) an original or certified copy of a birth certificate or birth record;
new text end

new text begin (2) a driver's license or other identification card issued by a government entity or school;
or
new text end

new text begin (3) a school record, immigration record, naturalization record, court record, or other
document or record issued by a government entity that contains the date of birth of a party.
new text end