HF 4405

as introduced - 93rd Legislature (2023 - 2024) Posted on 02/28/2024 04:35pm

A bill for an act
relating to marriage; modifying marriage record provisions; amending Minnesota Statutes 2022, sections 144.223; 517.08, subdivision 1c; 517.09, subdivision 1; 517.10; Minnesota Statutes 2023 Supplement, sections 517.04; 517.08, subdivisions 1a, 1b; proposing coding for new law in Minnesota Statutes, chapter 517; repealing Minnesota Statutes 2022, sections 517.05; 517.18.

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

Section 1.

Minnesota Statutes 2022, section 144.223, is amended to read:

144.223 REPORT OF MARRIAGE.

Data relating to new text begin the number of new text end certificates of marriage registered deleted text begin shall deleted text end new text begin must new text end be reported
to the state registrar by the local registrar or designee of the county board in each of the 87
registration districts deleted text begin pursuant to the rules of the commissioner. The information in clause
(1) necessary to compile the report shall be furnished by the applicant prior to the issuance
of the marriage license. The report shall contain the following: deleted text end new text begin in a format and with the
frequency determined by the state registrar.
new text end

deleted text begin (1) personal information on bride and groom:
deleted text end

deleted text begin (i) name;
deleted text end

deleted text begin (ii) residence;
deleted text end

deleted text begin (iii) date and place of birth;
deleted text end

deleted text begin (iv) if previously married, how terminated; and
deleted text end

deleted text begin (v) signature of applicant, date signed, and Social Security number; and
deleted text end

deleted text begin (2) information concerning the marriage:
deleted text end

deleted text begin (i) date of marriage;
deleted text end

deleted text begin (ii) place of marriage; and
deleted text end

deleted text begin (iii) civil or religious ceremony.
deleted text end

Sec. 2.

Minnesota Statutes 2023 Supplement, section 517.04, is amended to read:

517.04 PERSONS AUTHORIZED TO PERFORM CIVIL MARRIAGES.

Civil marriages may be solemnized throughout the state by an individual who has attained
the age of 21 years and deleted text begin is a judge of a court of record, a retired judge of a court of record,
a court administrator, a retired court administrator with the approval of the chief judge of
the judicial district, a former court commissioner who is employed by the court system or
is acting pursuant to an order of the chief judge of the commissioner's judicial district, the
residential school superintendent of the Minnesota State Academy for the Deaf and the
Minnesota State Academy for the Blind, a licensed or ordained minister of any religious
denomination, an individual deleted text end who registers as a civil marriage officiant with a local registrar
in a county of this state deleted text begin , or by any mode recognized in section 517.18. For purposes of this
section, a court of record includes the Office of Administrative Hearings under section
14.48 deleted text end . new text begin The county where the civil marriage officiant is registered must be endorsed upon
and recorded with each certificate of civil marriage.
new text end

Sec. 3.

Minnesota Statutes 2023 Supplement, 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 deleted text begin and the sex of each party deleted text end ;

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

(3) their full ages new text begin and dates of birth new text end ;

(4) if either party has previously been married, the party's married name deleted text begin , and deleted text end new text begin from the
most recent marriage; new text end the date, place new text begin , new text end and court in which the civil marriage was dissolved
or annulled new text begin ; new text end 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 party to the civil marriage license has a felony conviction under Minnesota
law or the law of another state or federal jurisdiction, the party may not change the party's
name through the marriage application process and must follow the process in section 259.13
to change the party's name; 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.

Sec. 4.

Minnesota Statutes 2023 Supplement, section 517.08, subdivision 1b, is amended
to read:

Subd. 1b.

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

deleted text begin (a) deleted text end The local registrar shall
examine upon oath the parties applying for a license relative to the legality of the
contemplated civil marriage. new text begin The local registrar may examine the parties upon oath in person,
by phone, remotely using web conferencing technology, or by requiring a verified statement
signed by both parties attesting to the legality of the marriage. The local registrar may accept
civil marriage license applications signed by both parties that are submitted by mail,
facsimile, or electronic filing. new text end Both parties must present proof of age to the local registrar.
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 verification statement must be
accompanied by a copy of proof of age of the party. The civil marriage license must not be
released until the verification statement and proof of age 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. deleted text begin Except as provided in paragraph (b), deleted text end
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.

deleted text begin (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.
deleted text end

deleted text begin (c) 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 civil 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 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.
deleted text end

Sec. 5.

Minnesota Statutes 2022, section 517.08, subdivision 1c, is amended to read:

Subd. 1c.

Disposition of license fee.

deleted text begin (a) deleted text end Of the civil marriage license fee collected
pursuant to subdivision 1b deleted text begin , paragraph (a), $25 deleted text end new text begin $55 new text end must be retained by the county. The local
registrar must pay deleted text begin $90 deleted text end new text begin $60 new text end to the commissioner of management and budget to be deposited
as follows:

(1) deleted text begin $55 deleted text end new text begin $25 new text end 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 Minnesota Family Resiliency Partnership 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 Minnesota Family Resiliency Partnership under section
116L.96.
deleted text end

Sec. 6.

Minnesota Statutes 2022, section 517.09, subdivision 1, is amended to read:

Subdivision 1.

General.

deleted text begin No particular form is required to solemnize a civil marriage,
except: the parties deleted text end new text begin Both applicants new text end shall declare in the presence of a person new text begin who is not the
same individual as the applicant or the witness, new text end authorized to solemnize civil marriages and
two attending witnesses that each takes the other as husband, wife, or spouse deleted text begin ; or the civil
marriage shall be solemnized in a manner provided by section 517.18 deleted text end .

Sec. 7.

Minnesota Statutes 2022, section 517.10, is amended to read:

517.10 CERTIFICATE; WITNESSES.

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

Sec. 8.

new text begin [517.102] FEES FOR MARRIAGE RECORDS.
new text end

new text begin (a) The fee for a certified marriage record or a letter of no record is $20 per copy. The
fee for an uncertified marriage record is $20. These fees must be retained by the local
registrar issuing the records. The fee is payable at the time of application and is
nonrefundable.
new text end

new text begin (b) If an applicant makes an error in the marriage record and requests an amendment of
the marriage record, the fee for amending the error in the marriage record is $40. The fee
is payable at the time of application and is nonrefundable.
new text end

new text begin (c) If a local registrar makes an error in the marriage record, the local registrar must
amend the marriage record at no cost to the applicant.
new text end

Sec. 9.

new text begin [517.103] AMENDMENT OF MARRIAGE RECORDS.
new text end

new text begin (a) To request an amendment of an error in a marriage record, a person must submit the
following documentation to the local registrar:
new text end

new text begin (1) an affidavit stating the reason for an amendment of the marriage record; and
new text end

new text begin (2) documentation supporting the amendment.
new text end

new text begin (b) A local registrar may amend a marriage record if the local registrar:
new text end

new text begin (1) receives an affidavit and documentation supporting the amendment of a marriage
record; and
new text end

new text begin (2) the local registrar determines that the affidavit and supporting documentation establish
that the marriage record contains an error.
new text end

new text begin (c) The local registrar must retain and maintain an affidavit and documentation upon
which the amendment of a marriage record was based, including the date of the amendment
and the legal name of the authorized person making the amendment.
new text end

new text begin (d) The local registrar must not amend a marriage record if:
new text end

new text begin (1) an applicant fails to submit the documentation required for amending a marriage
record; or
new text end

new text begin (2) the local registrar has reason to question the validity or completeness of the applicant's
affidavit or supporting documentation.
new text end

Sec. 10. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2022, sections 517.05; and 517.18, new text end new text begin are repealed.
new text end

APPENDIX

Repealed Minnesota Statutes: 24-06861

517.05 CREDENTIALS OF MINISTER.

Ministers of any religious denomination, before they are authorized to solemnize a civil marriage, shall file a copy of their credentials of license or ordination or, if their religious denomination does not issue credentials, authority from the minister's spiritual assembly, with the local registrar of a county in this state, who shall record the same and give a certificate of filing thereof. The place where the credentials are recorded shall be endorsed upon and recorded with each certificate of civil marriage granted by a minister.

517.18 CIVIL MARRIAGE SOLEMNIZATION.

Subdivision 1.

Friends or Quakers.

All civil marriages solemnized among the people called Friends or Quakers, in the form heretofore practiced and in use in their meetings, shall be valid and not affected by any of the foregoing provisions. The clerk of the meeting in which such civil marriage is solemnized, within one month after any such civil marriage, shall deliver a certificate of the same to the local registrar of the county where the civil marriage took place, under penalty of not more than $100. Such certificate shall be filed and recorded by the court administrator under a like penalty. If such civil marriage does not take place in such meeting, such certificate shall be signed by the parties and at least six witnesses present, and shall be filed and recorded as above provided under a like penalty.

Subd. 2.

Baha'i.

Civil marriages may be solemnized among members of the Baha'i faith by the chair of an incorporated local Spiritual Assembly of the Baha'is, according to the form and usage of such society.

Subd. 3.

Hindus; Muslims.

Civil marriages may be solemnized among Hindus or Muslims by the person chosen by a local Hindu or Muslim association, according to the form and usage of their respective religions.

Subd. 4.

American Indians.

Civil marriages may be solemnized among American Indians according to the form and usage of their religion by an Indian Mide' or holy person chosen by the parties to the civil marriage.

Subd. 5.

Construction of section.

Nothing in subdivisions 2 to 4 shall be construed to alter the requirements of section 517.01, 517.09 or 517.10.