Minnesota Legislature
SF 624
2nd Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am
Current Version - 2nd Engrossment
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A bill for an act
relating to marriage; changing and clarifying certain terms and procedures;
requiring certain fees; amending Minnesota Statutes 2006, sections 517.03,
subdivision 2; 517.05; 517.07; 517.08, subdivision 1a; 517.10; 517.13.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2006, section 517.03, subdivision 2, is amended to read:
Subd. 2.
Developmentally disabled persons; consent by commissioner of
human services.
Developmentally disabled persons committed to the guardianship of
the commissioner of human services and developmentally disabled persons committed
to the conservatorship of the commissioner of human services in which the terms of
the conservatorship limit the right to marry, may marry on receipt of written consent
of the commissioner. The commissioner shall grant consent unless it appears from the
commissioner's investigation that the marriage is not in the best interest of the ward or
conservatee and the public. The deleted text begin court administrator of the district courtdeleted text end new text begin local registrar new text end in
the county where the application for a license is made by the ward or conservatee shall
not issue the license unless the deleted text begin court administratordeleted text end new text begin local registrar new text end has received a signed
copy of the consent of the commissioner of human services.
Sec. 2.
Minnesota Statutes 2006, section 517.05, is amended to read:
517.05 CREDENTIALS OF MINISTER.
Ministers of any religious denomination, before they are authorized to solemnize a
marriage, shall file a copy of their credentials of license or ordination with the deleted text begin court
administrator of the district courtdeleted text end new text begin local registrar new text end of a county in this state, who shall record
the same and give a certificate thereof. new text begin The local registrar shall collect from the registrant
a fee of $20 for issuing a certificate of filing, recording and filing all papers required, and
maintaining an index. The filing fee must be deposited into the county's general fund. new text end The
place where the credentials are recorded shall be endorsed upon and recorded with each
certificate of marriage granted by a minister.
Sec. 3.
Minnesota Statutes 2006, section 517.07, is amended to read:
517.07 LICENSE.
Before any persons are joined in marriagenew text begin in Minnesotanew text end , a license deleted text begin shalldeleted text end new text begin must new text end be
obtained from the local registrar of any countynew text begin within Minnesotanew text end . The marriage need not
take place in the county where the license is obtainednew text begin , but must take place within the
geographical borders of Minnesotanew text end .
Sec. 4.
Minnesota Statutes 2006, section 517.08, subdivision 1a, is amended to read:
Subd. 1a.
Form.
Application for a marriage license shall be made upon a form
provided for the purpose and deleted text begin shall containdeleted text end new text begin both of the parties must certify to new text end 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 marriage was dissolved or annulled or the date and
place of death of the former spouse;
(5) if either party is a minor, the name and address of the minor's parents or guardian;
(6) whether the parties are related to each other, and, if so, their relationship;
(7) the name and date of birth of any child of which both parties are parents, born
before the making of the application, unless their parental rights and the parent and child
relationship with respect to the child have been terminated;
(8) address of the bride and groom after the marriage to which the deleted text begin court administratordeleted text end
new text begin local registrarnew text end shall send a certified copy of the marriage certificate;
(9) the full names the parties will have after marriage and the parties' Social Security
numbers. The Social Security numbers must be collected for the application but must not
appear on the marriage licensenew text begin . If a party does not have a Social Security number, the
party must certify in the application, or a supplement to the application, that the party
does not have a Social Security numbernew text end ;
(10) if one or both of the parties to the 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
(11) 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 deleted text begin surnamedeleted text end new text begin namenew text end after marriage
except as authorized by section 259.13, and that doing so is a gross misdemeanor.
Sec. 5.
Minnesota Statutes 2006, section 517.10, is amended to read:
517.10 CERTIFICATE; WITNESSES.
The person solemnizing a marriage shall prepare and sign deleted text begin three certificates thereofdeleted text end new text begin
a marriage certificatenew text end . deleted text begin Eachdeleted text end new text begin The new text end certificate deleted text begin shalldeleted text end new text begin must new text end contain the full names before and
after marriage and county and state of residences of the parties and the date and place of
the marriage. deleted text begin Eachdeleted text end new text begin The new text end certificate deleted text begin shalldeleted text end new text begin must new text end also contain the signatures of at least two
of the witnesses present at the marriage who deleted text begin shalldeleted text end new text begin must new text end be at least 16 years of age. The
person solemnizing the marriage deleted text begin shall give each of the parties one such certificate, anddeleted text end
shall immediately make a record of deleted text begin suchdeleted text end new text begin the new text end marriage, and file deleted text begin one suchdeleted text end new text begin the new text end certificate
with the local registrar deleted text begin of the district court ofdeleted text end new text begin in new text end the county in which the license was issued
within five days after the ceremony. The local registrar shall record deleted text begin suchdeleted text end new text begin the new text end certificate
deleted text begin in a book kept for that purpose.deleted text end new text begin in the county marriage records.
new text end
Sec. 6.
Minnesota Statutes 2006, section 517.13, is amended to read:
517.13 PENALTY FOR FAILURE TO deleted text begin DELIVER ANDdeleted text end FILE CERTIFICATE.
Every person solemnizing a marriage who neglects to deleted text begin deliver todeleted text end new text begin file with new text end the local
registrar a certificate within the time set forth in section 517.10 shall forfeit a sum
not exceeding $100, and every local registrar who neglects to record a certificate shall
forfeit a like sum.