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HF 910

3rd Engrossment - 86th Legislature (2009 - 2010) Posted on 05/15/2010 08:43pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to notaries public; modifying fees; regulating commissions and notarial
stamps and seals; providing clarifications; providing for the accommodations of
physical limitations; modifying a provision relating to premarital education;
amending Minnesota Statutes 2008, sections 358.028; 358.09; 358.15; 358.47;
358.48; 359.01, subdivision 2; 359.02; 359.03, subdivisions 1, 2, 3, 4; 359.061;
359.12; Minnesota Statutes 2009 Supplement, sections 357.021, subdivision 2;
359.01, subdivision 3; 517.08, subdivision 1b; proposing coding for new law in
Minnesota Statutes, chapter 359; repealing Minnesota Statutes 2008, section
359.05.

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

Section 1.

Minnesota Statutes 2009 Supplement, section 357.021, subdivision 2,
is amended to read:


Subd. 2.

Fee amounts.

The fees to be charged and collected by the court
administrator shall be as follows:

(1) In every civil action or proceeding in said court, including any case arising
under the tax laws of the state that could be transferred or appealed to the Tax Court, the
plaintiff, petitioner, or other moving party shall pay, when the first paper is filed for that
party in said action, a fee of $310, except in marriage dissolution actions the fee is $340.

The defendant or other adverse or intervening party, or any one or more of several
defendants or other adverse or intervening parties appearing separately from the others,
shall pay, when the first paper is filed for that party in said action, a fee of $310, except in
marriage dissolution actions the fee is $340.

The party requesting a trial by jury shall pay $100.

The fees above stated shall be the full trial fee chargeable to said parties irrespective
of whether trial be to the court alone, to the court and jury, or disposed of without trial,
and shall include the entry of judgment in the action, but does not include copies or
certified copies of any papers so filed or proceedings under chapter 103E, except the
provisions therein as to appeals.

(2) Certified copy of any instrument from a civil or criminal proceeding, $14, and $8
for an uncertified copy.

(3) Issuing a subpoena, $16 for each name.

(4) Filing a motion or response to a motion in civil, family, excluding child support,
and guardianship cases, $100.

(5) Issuing an execution and filing the return thereof; issuing a writ of attachment,
injunction, habeas corpus, mandamus, quo warranto, certiorari, or other writs not
specifically mentioned, $55.

(6) Issuing a transcript of judgment, or for filing and docketing a transcript of
judgment from another court, $40.

(7) Filing and entering a satisfaction of judgment, partial satisfaction, or assignment
of judgment, $5.

(8) Certificate as to existence or nonexistence of judgments docketed, $5 for each
name certified to.

(9) Filing and indexing trade name; or recording basic science certificate;
or recording certificate of physicians, osteopaths, chiropractors, veterinarians, or
optometrists, $5.

(10) For the filing of each partial, final, or annual account in all trusteeships, $55.

(11) For the deposit of a will, $27.

(12) For recording notary commission, deleted text begin$100, of which, notwithstanding subdivision
1a, paragraph (b), $80 must be forwarded to the commissioner of management and budget
to be deposited in the state treasury and credited to the general fund
deleted text endnew text begin $20new text end.

(13) Filing a motion or response to a motion for modification of child support,
a fee of $100.

(14) All other services required by law for which no fee is provided, such fee
as compares favorably with those herein provided, or such as may be fixed by rule or
order of the court.

(15) In addition to any other filing fees under this chapter, a surcharge in the
amount of $75 must be assessed in accordance with section 259.52, subdivision 14, for
each adoption petition filed in district court to fund the fathers' adoption registry under
section 259.52.

The fees in clauses (3) and (5) need not be paid by a public authority or the party
the public authority represents.

Sec. 2.

Minnesota Statutes 2008, section 358.028, is amended to read:


358.028 LEGISLATORS, OFFICIAL SEALS.

Every member of the legislature, while in office and residing in the district from
which elected, may have an official deleted text beginsealdeleted text endnew text begin notarial stampnew text end, in the form provided in section
358.03, with which to authenticate official acts provided for in section 358.15.

Sec. 3.

Minnesota Statutes 2008, section 358.09, is amended to read:


358.09 BY WHOM AND HOW ADMINISTERED.

Any officer authorized by this chapter to take and certify acknowledgments may
administer an oath, and, if the same be in writing, may certify the same under the officer's
signature, and deleted text beginthe seal of office, if there be onedeleted text endnew text begin an official notarial stampnew text end, in the following
form: "Subscribed and sworn to before me this ............ day of ................., ....." The mode
of administering an oath commonly practiced in the place where it is taken shall be
followed, including, in this state, the ceremony of uplifting the hand.

Sec. 4.

Minnesota Statutes 2008, section 358.15, is amended to read:


358.15 EX OFFICIO NOTARY PUBLIC.

new text begin (a) new text endThe following officers have the powers of a notary public within the state:

(1) every member of the legislature, while still a resident in the district from which
elected; but no fee or compensation may be received for exercising these powers. The
form of the official signature in these cases is: "A.B., Representative (or Senator),
....................................... District, Minnesota, ex officio notary public. My term expires
January 1, .......";

(2) the clerks or recorders of towns, and citiesnew text begin. The form of the official signature in
these cases is: "A.B. (official title), ....... County, Minnesota, ex officio notary public. My
term expires ....... (or where applicable) my term is indeterminate."
new text end;

(3) court commissioners, county recorders, and county auditors, and their several
deputies, and county commissioners, all within their respective countiesnew text begin. The form of the
official signature in these cases: "A.B. (official title), ....... County, Minnesota, ex officio
notary public. My term expires ....... (or where applicable) my term is indeterminate."
new text end; and

(4) peace officers licensed under section 626.845 for the purpose of administering
oaths upon information submitted to establish probable cause to any judge or judicial
officer under the Rules of Criminal Procedure. The form of the official signature in these
cases is "A.B., Peace Officer License Number ......., ....... County, Minnesota. My license
expires June 30, .......".

new text begin (b) An officer using the powers of a notary public within the state pursuant to clauses
(1) to (3) shall obtain an official stamp as specified under section 359.03, subdivisions 1,
3, and 4, with which to authenticate official acts.
new text end

new text begin (c) The county auditor and county recorder, and their deputies, and the clerk or
recorder of a town or city with ex officio powers under this section may authenticate
official acts related to the statutory duties of their respective offices without using the
official stamp for 90 days after initially assuming the office, or until the officer acquires an
official stamp, whichever is earlier.
new text end

new text begin EFFECTIVE DATE; APPLICABILITY. new text end

new text begin This section is effective August 1, 2010,
except that an officer with ex officio powers subject to paragraph (c) may authenticate
official acts related to the officer's statutory duties without using the official stamp for up
to 90 days after the effective date of this section, or until the officer acquires an official
stamp, whichever is earlier.
new text end

Sec. 5.

Minnesota Statutes 2008, section 358.47, is amended to read:


358.47 CERTIFICATE OF NOTARIAL ACTS.

(a) A notarial act must be evidenced by a certificate physically or electronically
signed and dated by a notarial officer in a manner that attributes such signature to the
notary public deleted text beginidentified on the commissiondeleted text end. new text beginThe notary's name as it appears on the
official notarial stamp and on any jurat or certificate of acknowledgment and in the
notary's commission must be identical.
new text end The certificate must include identification of the
jurisdiction in which the notarial act is performed and the title of the office of the notarial
officer and deleted text beginmaydeleted text end new text beginmust new text endinclude the officialnew text begin notarialnew text end stamp deleted text beginor seal of officedeleted text end, deleted text beginor the notary's
electronic seal
deleted text endnew text begin pursuant to section 359.03new text end. deleted text beginIf the officer is a notary public, the certificate
must also indicate the date of expiration, if any, of the commission of office, but omission
of that information may subsequently be corrected.
deleted text end If the officer is a commissioned
officer on active duty in the military service of the United States, it must also include the
officer's rank.

(b) A certificate of a notarial act is sufficient if it new text beginis in English and new text endmeets the
requirements of subsection (a) and it:

(1) is in the short form set forth in section 358.48;

(2) is in a form otherwise prescribed by the law of this state;

(3) is in a form prescribed by the laws or regulations applicable in the place in
which the notarial act was performed; or

(4) sets forth the actions of the notarial officer and those are sufficient to meet the
requirements of the designated notarial act.

(c) By executing a certificate of a notarial act, the notarial officer certifies that the
officer has made the determinations required by section 358.42.

Sec. 6.

Minnesota Statutes 2008, section 358.48, is amended to read:


358.48 SHORT FORMS.

The following short form certificates of notarial acts are sufficient for the purposes
indicated, if completed with the information required by section 358.47, subsection (a):

(1) For an acknowledgment in an individual capacity;

State of
.
County of
.

This instrument was acknowledged before me on ..........(date) by
....................(name(s) of person(s)).

.
(Signature of notarial officer)
(deleted text beginSeal, if anydeleted text endnew text beginStampnew text end)
.
Title (and Rank)
My commission expires:
.

(2) For an acknowledgment in a representative capacity:

State of
.
County of
.

This instrument was acknowledged before me on ..........(date) by
....................(name(s) of person(s)) as ........................................(type of authority, e.g.,
officer, trustee, etc.) of ............................. .................(name of party on behalf of whom
the instrument was executed).

.
(Signature of notarial officer)
(deleted text beginSeal, if anydeleted text endnew text beginStampnew text end)
.
Title (and Rank)
My commission expires:
.

(3) For a verification upon oath or affirmation:

State of
.
County of
.

Signed and sworn to (or affirmed) before me on .........(date) by ...................(name(s)
of person(s) making statement).

.
(Signature of notarial officer)
(deleted text beginSeal, if anydeleted text endnew text beginStampnew text end)
.
Title (and Rank)
My commission expires: .

(4) For witnessing or attesting a signature:

State of
.
County of
.

Signed or attested before me on ..........(date) by ....................(name(s) of person(s)).

.
(Signature of notarial officer)
(deleted text beginSeal, if anydeleted text endnew text beginStampnew text end)
.
Title (and Rank)
My commission expires:
.

(5) For attestation of a copy of a document:

State of
.
County of
.

I certify that this is a true and correct copy of a document in the possession of
.................... .

Dated:
.
.
(Signature of notarial officer)
(deleted text beginSeal, if anydeleted text endnew text beginStampnew text end)
.
Title (and Rank)
My commission expires:
.

Sec. 7.

Minnesota Statutes 2008, section 359.01, subdivision 2, is amended to read:


Subd. 2.

Nonresident notaries.

(a) The governor, by and with the advice and
consent of the senate, may appoint as notary public a person who is not a resident of
this state if:

(1) the person is a resident of Wisconsin, Iowa, North Dakota, or South Dakotadeleted text begin, and
of a county that shares a boundary with this state
deleted text end;

(2) the person designates the secretary of state as agent for the service of process
for all purposes relating to notarial acts and for receipt of all correspondence relating to
notarial actsdeleted text begin.deleted text endnew text begin; and
new text end

new text begin (3) the person designates the Minnesota county in which the person's notary
commission will be recorded pursuant to section 359.061.
new text end

(b) The secretary of state shall receive applications for nonresident notary
appointments and commissions, shall keep a register of those persons appointed and
commissioned as notaries public by the governor with the advice and consent of the
senate, shall update that register when informed of a change in name and address by
a notary public, shall process applications by a notary public for reappointment, shall
receive fees for the performance of these functions to be deposited into the general fund,
and shall perform those clerical and administrative duties associated with these functions.
The governor may also receive such applications directly.

Sec. 8.

Minnesota Statutes 2009 Supplement, section 359.01, subdivision 3, is
amended to read:


Subd. 3.

Fees.

(a) When making application for a commission the applicant must
submit, along with the information required by the secretary of state, a nonrefundable fee
of deleted text begin$40deleted text endnew text begin $120, which shall be forwarded by the secretary of state to the commissioner of
management and budget to be deposited in the state treasury and credited to the general
fund
new text end.

(b) new text beginExcept as otherwise provided in paragraph (a), new text endall fees shall be retained by the
secretary of state and are nonreturnable, except for an overpayment of a fee.

Sec. 9.

Minnesota Statutes 2008, section 359.02, is amended to read:


359.02 TERM.

A notary commissioned under section 359.01 holds office deleted text beginfor five yearsdeleted text endnew text begin until January
31 of the fifth year following the year the commission was issued
new text end, unless sooner removed
by the governor or the district court, or by action of the commissionernew text begin of commercenew text end.
deleted text begin Within 60 daysdeleted text endnew text begin Six monthsnew text end before the expiration of the commission, a notary may deleted text beginapply
for reappointment
deleted text endnew text begin renew the notary's commissionnew text end for a new term to commence and to be
designated in the new commission as beginning upon the day immediately following the
date of the expiration. A notary whose commission expires deleted text beginon January 1, 2005,deleted text end may
apply for reappointment deleted text beginsix months beforedeleted text endnew text begin afternew text end the expiration date. The reappointment
new text begin or renewal new text endtakes effect and is valid although the appointing governor may not be in the
Office of Governor on the effective day.

deleted text begin All notary commissions expire on January 31 of the fifth year following the year
of issue.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin The provisions of this section relating to the time during
which a notary's commission may be renewed are effective July 31, 2011. The remainder
of this section is effective August 1, 2010.
new text end

Sec. 10.

Minnesota Statutes 2008, section 359.03, subdivision 1, is amended to read:


Subdivision 1.

Requirement.

Every notarynew text begin, including an ex officio notary under
section 358.15,
new text end shall deleted text begingetdeleted text endnew text begin obtainnew text end an official deleted text beginsealdeleted text endnew text begin notarial stamp as specified in subdivision 3new text end,
with which to authenticate official actsdeleted text begin, and upon which shall be engraved the arms of
this state, the words "notarial seal
deleted text end.deleted text begin"deleted text end The deleted text beginseal, withdeleted text endnew text begin official notarial stamp, andnew text end the notary's
official deleted text beginregister, isdeleted text endnew text begin journal, are the personal property of the notary and arenew text end exempt from
executiondeleted text begin, and, on death or removal from office, the register must be deposited with the
court administrator of the district court of the notary's county
deleted text end.

Sec. 11.

Minnesota Statutes 2008, section 359.03, subdivision 2, is amended to read:


Subd. 2.

Validation and legalization of certain instruments.

new text begin(a) new text endAll instruments
heretofore duly made and executed which have been acknowledged before a notary
public as provided by law, but the sealnew text begin or stampnew text end used thereon has engraved on it "notary
public," are hereby validated and legalized, and in case such instruments are recorded,
the recording is hereby validated and legalized, and all such instruments are validated to
the same extent as though properly sealed at the time of their acknowledgment. This
subdivision shall not affect any action now pending in any of the courts of this state.

new text begin (b) The official notarial stamp required by this section, whether applied to the record
physically or electronically, is deemed to be a "seal" for purposes of the admission of a
document in court.
new text end

Sec. 12.

Minnesota Statutes 2008, section 359.03, subdivision 3, is amended to read:


Subd. 3.

Specifications.

deleted text beginThe seal of every notary public maydeleted text end deleted text beginbe affixed by a
stamp that will print a seal which legibly reproduces under photographic methods
deleted text endnew text begin The
official notarial stamp consists of
new text end the seal of the state of Minnesota, the name of the
notarynew text begin as it appears on the commission or the name of the ex officio notarynew text end, the words
"Notary Public," new text beginor "Notarial Officer" in the case of an ex officio notary, new text endand the words
"My commission expires ...............new text begin (or where applicable) My term is indeterminatenew text end," with
the expiration date shown deleted text beginthereon or may be an electronic formdeleted text endnew text begin on it and must be able to
be reproduced in any legibly reproducible manner
new text end. deleted text beginA physical seal used to authenticate a
paper document
deleted text endnew text begin The official notarial stampnew text end shall be a rectangular form of not more than
three-fourths of an inch vertically by 2-1/2 inches horizontally, with a serrated or milled
edge border, and shall contain the information required by this subdivision.

Sec. 13.

Minnesota Statutes 2008, section 359.03, subdivision 4, is amended to read:


Subd. 4.

deleted text beginElectronic sealdeleted text endnew text begin Notarial stamp may be affixed electronicallynew text end.

deleted text begin A notary's
electronic seal shall contain the notary's name, jurisdiction, and commission expiration
date, and shall be logically and securely affixed to or associated with the electronic record
being notarized.
deleted text end new text begin The information required by this section may be affixed electronically
and shall be logically and securely affixed or associated with the electronic record being
notarized.
new text end

Sec. 14.

Minnesota Statutes 2008, section 359.061, is amended to read:


359.061 RECORD OF COMMISSIONdeleted text begin; CERTIFICATEdeleted text end.

new text begin Subdivision 1. new text end

new text begin Resident notaries. new text end

The commission of every notary new text begincommissioned
under section 359.01, together with: (1) a signature that matches the first, middle, and
last name as listed on the notary's commission and shown on the notarial stamp, and (2) a
sample signature in the style in which the notary will actually execute notarial acts,
new text endshall
be recorded in the office of the court administrator of the district court of the notary's
county of residencenew text begin or in the county department to which duties relating to notaries public
have been assigned under section 485.27
new text end, in a record kept for that purpose.

new text begin Subd. 2. new text end

new text begin Nonresident notaries. new text end

The commission of a nonresident notary must
be recorded new text beginin the Minnesota county the notary designates pursuant to section 359.01,
subdivision 2, clause (3),
new text endin the office of the court administrator of the district court deleted text beginof the
Minnesota county that borders the county in which the nonresident notary resides
deleted text endnew text begin of that
county or in the county department to which duties relating to notaries public have been
assigned under section 485.27
new text end.

new text begin Subd. 3. new text end

new text begin Certificate of court administrator. new text end

The court administrator, when
requested, shall certify to official acts in the manner and for the fees prescribed by statute
or court rule.

new text begin Subd. 4. new text end

new text begin County notary certificate. new text end

new text begin The county department, to which duties
relating to notaries public have been assigned under section 485.27, shall certify to official
acts under this section for the fee of $5 and in the form of:
new text end

new text begin State of Minnesota
new text end

new text begin .......................... County
new text end

new text begin "I the undersigned .........................................., in and for said county and state, do
hereby certify that ..................................., whose name is subscribed to on the attached
document held the office of notary public in said county and state at the date of said
subscription and was authorized under the laws of this state to take acknowledgments,
to administer oaths, take depositions, acknowledgments of deeds, and other written
instruments, and exercise all such powers and duties authorized by the laws of Minnesota
as notary public. I further certify that I have compared the subscribed signature to the
signature on file in this office and believe them to be the same.
new text end

new text begin Signed this date ................................. in the county of ......................................,
state of Minnesota."
new text end

new text begin Signature ................................................
new text end

new text begin Title ........................................................
new text end

Sec. 15.

new text begin [359.091] ACCOMMODATION OF PHYSICAL LIMITATIONS.
new text end

new text begin (a) A notary public may certify as to the subscription or signature of an individual
when it appears that the individual has a physical limitation that restricts the individual's
ability to sign by writing or making a mark, pursuant to the following:
new text end

new text begin (1) the name of an individual may be signed, or attached electronically in the case of
an electronic record, by another individual other than the notary public at the direction and
in the presence of the individual whose name is to be signed and in the presence of the
notary public. The signature may be made by a rubber stamp facsimile of the person's
actual signature, mark, or a signature of the person's name or mark made by another and
adopted for all purposes of signature by the person with a physical limitation; and
new text end

new text begin (2) the words "Signature written by" or "Signature attached by" in the case of
an electronic record, "(name of individual directed to sign or directed to attach) at the
direction and in the presence of (name as signed) on whose behalf the signature was
written" or "attached electronically" in the case of an electronic record, or words of
substantially similar effect must appear under or near the signature.
new text end

new text begin (b) A notary public may use signals or electronic or mechanical means to take an
acknowledgment from, administer an oath or affirmation to, or otherwise communicate
with any individual in the presence of such notary public when it appears that the
individual is unable to communicate verbally or in writing.
new text end

Sec. 16.

Minnesota Statutes 2008, section 359.12, is amended to read:


359.12 ADMINISTRATIVE ACTIONS AND PENALTIES.

Every notary who shall charge or receive a fee or reward for any act or service
done or rendered as a notary greater than the amount allowed by law, or who dishonestly
or unfaithfully discharges duties as notary, or who has pleaded guilty, with or without
explicitly admitting guilt, plead nolo contendere, or been convicted of a felony, gross
misdemeanor, or misdemeanor involving moral turpitude, is subject to the penalties
imposed pursuant to section 45.027deleted text begin, except thatdeleted text endnew text begin.new text end A notary may be removed from office
only by the governor deleted text beginordeleted text endnew text begin,new text end the district courtnew text begin, or the commissioner of commercenew text end. The
commissionernew text begin of commercenew text end has all the powers provided by section 45.027 and shall
proceed in the manner provided by that section in actions against notaries.

new text begin Notwithstanding section 359.03, subdivision 1, upon removal from office by the
commissioner of commerce, a notary public shall deliver the notary's official notarial
stamp to the commissioner of commerce.
new text end

Sec. 17.

Minnesota Statutes 2009 Supplement, 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 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
marriage application to the party who is unable to appear, who must verify the accuracy of
the party's information in a notarized statement. The marriage 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 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 (c), the local registrar
shall collect from the applicant a fee of $110 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 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 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) 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 MARRIAGE 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 marry.

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 marriage
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 marriage 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).

(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 new text beginstatement that is new text endsigned,
dated, and notarized deleted text beginstatementdeleted text endnew text begin or marked with a church seal,new text end 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.

(d) 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 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 marriage license application. Notwithstanding
section 138.17, the educator's statement must be retained for seven years, after which
time it may be destroyed.

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

new text begin Minnesota Statutes 2008, section 359.05, new text end new text begin is repealed.
new text end