SF 884

2nd Engrossment - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to marriage; changing the license fee; 
  1.3             providing for a reduced fee for couples who obtain 
  1.4             premarital education; providing for disposition of the 
  1.5             fee; amending Minnesota Statutes 1998, section 517.08, 
  1.6             subdivisions 1b and 1c. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1998, section 517.08, 
  1.9   subdivision 1b, is amended to read: 
  1.10     Subd. 1b.  [TERM OF LICENSE; FEE; PREMARITAL EDUCATION.] (a)
  1.11  The court administrator shall examine upon oath the party 
  1.12  applying for a license relative to the legality of the 
  1.13  contemplated marriage.  If at the expiration of a five-day 
  1.14  period, on being satisfied that there is no legal impediment to 
  1.15  it, the court administrator shall issue the license, containing 
  1.16  the full names of the parties before and after marriage, and 
  1.17  county and state of residence, with the district court seal 
  1.18  attached, and make a record of the date of issuance.  The 
  1.19  license shall be valid for a period of six months.  In case of 
  1.20  emergency or extraordinary circumstances, a judge of the 
  1.21  district court of the county in which the application is made, 
  1.22  may authorize the license to be issued at any time before the 
  1.23  expiration of the five days.  Except as provided in paragraph 
  1.24  (b), the court administrator shall collect from the applicant a 
  1.25  fee of $70 $75 for administering the oath, issuing, recording, 
  1.26  and filing all papers required, and preparing and transmitting 
  2.1   to the state registrar of vital statistics the reports of 
  2.2   marriage required by this section.  If the license should not be 
  2.3   used within the period of six months due to illness or other 
  2.4   extenuating circumstances, it may be surrendered to the court 
  2.5   administrator for cancellation, and in that case a new license 
  2.6   shall issue upon request of the parties of the original license 
  2.7   without fee.  A court administrator who knowingly issues or 
  2.8   signs a marriage license in any manner other than as provided in 
  2.9   this section shall pay to the parties aggrieved an amount not to 
  2.10  exceed $1,000. 
  2.11     (b) The marriage license fee for parties who have completed 
  2.12  at least 12 hours of premarital education is $25.  In order to 
  2.13  qualify for the reduced fee, the parties must submit a signed 
  2.14  and dated statement from the person who provided the premarital 
  2.15  education confirming that it was received.  The premarital 
  2.16  education must be provided by a licensed or ordained minister or 
  2.17  the minister's designee, a person authorized to solemnize 
  2.18  marriages under section 517.18, or a person authorized to 
  2.19  practice marriage and family therapy under section 148B.33.  The 
  2.20  education must include the use of a premarital inventory, a 
  2.21  discussion of the seriousness of marriage and that it is a 
  2.22  commitment for life, the teaching of communication skills and 
  2.23  conflict management skills, and a discussion of the desirability 
  2.24  of seeking marital counseling in times of marital difficulties. 
  2.25     (c) The statement from the person who provided the 
  2.26  premarital education under paragraph (b) must be in the 
  2.27  following form:  
  2.28     "I, [name of educator], confirm that [names of both 
  2.29  parties] received at least 12 hours of premarital education that 
  2.30  complies with Minnesota Statutes, section 517.08, subdivision 
  2.31  1b, paragraph (b).  I am a licensed or ordained minister, a 
  2.32  person authorized to solemnize marriages under Minnesota 
  2.33  Statutes, section 517.18, or a person licensed to practice 
  2.34  marriage and family therapy under Minnesota Statutes, section 
  2.35  148B.33." 
  2.36     The names of the parties in the educator's statement must 
  3.1   be identical to the legal names of the parties as they appear in 
  3.2   the marriage license application.  Notwithstanding section 
  3.3   138.17, the educator's statement must be retained for seven 
  3.4   years, after which time it may be destroyed. 
  3.5      Sec. 2.  Minnesota Statutes 1998, section 517.08, 
  3.6   subdivision 1c, is amended to read: 
  3.7      Subd. 1c.  [DISPOSITION OF LICENSE FEE.] (a) Of the 
  3.8   marriage license fee collected pursuant to subdivision 
  3.9   1b, paragraph (a), $15 must be retained by the county.  The 
  3.10  court administrator shall must pay $55 $60 to the state 
  3.11  treasurer to be deposited as follows: 
  3.12     (1) $50 $55 in the general fund; 
  3.13     (2) $3 in the special revenue fund to be appropriated to 
  3.14  the commissioner of children, families, and learning for 
  3.15  supervised visitation facilities under section 119A.37; and 
  3.16     (3) $2 in the special revenue fund to be appropriated to 
  3.17  the commissioner of health for developing and implementing the 
  3.18  MN ENABL program under section 145.9255. 
  3.19     (b) Of the $25 fee under subdivision 1b, paragraph (b), $15 
  3.20  must be retained by the county.  The state court administrator 
  3.21  must pay $10 to the state treasurer to be deposited as follows: 
  3.22     (1) $5 to the state general fund; and 
  3.23     (2) the remainder must be distributed as provided in 
  3.24  paragraph (a), clauses (2) and (3).