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HF 575

1st Engrossment - 92nd Legislature (2021 - 2022) Posted on 02/25/2021 04:08pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to marriage; authorizing notary publics to perform civil marriages;
amending Minnesota Statutes 2020, sections 357.17; 359.04; 517.04; proposing
coding for new law in Minnesota Statutes, chapter 359.

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

Section 1.

Minnesota Statutes 2020, section 357.17, is amended to read:


357.17 NOTARIES PUBLIC.

new text begin (a) new text endThe maximum fees to be charged and collected by a notary public shall be as follows:

(1) for protest of nonpayment of note or bill of exchange or of nonacceptance of such
bill; where protest is legally necessary, and copy thereof, $5;

(2) for every other protest and copy, $5;

(3) for making and serving every notice of nonpayment of note or nonacceptance of bill
and copy thereof, $5;

(4) for any affidavit or paper for which provision is not made herein, $5 per folio, and
$1 per folio for copies;

(5) for each oath administered, $5;

(6) for acknowledgments of deeds and for other services authorized by law, the legal
fees allowed other officers for like services;

(7) for recording each instrument required by law to be recorded by the notary, $5 per
folio.

new text begin (b) A notary public may charge a fee for performing a marriage in excess of the fees in
paragraph (a) if the notary is commissioned pursuant to chapter 359.
new text end

Sec. 2.

Minnesota Statutes 2020, section 359.04, is amended to read:


359.04 POWERS.

Every notary public so appointed, commissioned, and qualified shall have power
throughout this state to administer all oaths required or authorized to be administered in
this state; to take and certify all depositions to be used in any of the courts of this state; to
take and certify all acknowledgments of deeds, mortgages, liens, powers of attorney, and
other instruments in writing or electronic records; to receive, make out, and record notarial
protests; new text beginto perform civil marriages consistent with this chapter and chapter 517; new text endand to
perform online remote notarial acts in compliance with the requirements of sections 358.645
and 358.646.

Sec. 3.

new text begin [359.115] CIVIL MARRIAGE OFFICIANT.
new text end

new text begin A notary public shall have the power to solemnize civil marriages throughout the state
if the notary public has filed a copy of the notary public's notary commission with the local
registrar of a county in this state. When a local registrar records notary credentials for a
notary public, the local registrar shall provide a certificate of filing to the notary whose
commission is recorded. A notary public shall endorse and record the county where the
notary public's credentials are recorded upon each certificate of civil marriage granted by
the notary.
new text end

Sec. 4.

Minnesota Statutes 2020, 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 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, new text begina
notary commissioned pursuant to chapter 359,
new text endthe 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, 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.