SF 1036

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to marriage fees; eliminating surcharges on the marriage dissolution
filing fee and marriage license fee for the displaced homemaker program;
appropriating money; amending Minnesota Statutes 2006, sections 357.021,
subdivisions 1a, 2; 517.08, subdivisions 1b, 1c.

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

Section 1.

Minnesota Statutes 2006, section 357.021, subdivision 1a, is amended to
read:

Subd. 1a.

Transmittal of fees to commissioner of finance.

(a) Every person,
including the state of Minnesota and all bodies politic and corporate, who shall transact
any business in the district court, shall pay to the court administrator of said court the
sundry fees prescribed in subdivision 2. Except as provided in paragraph (d), the court
administrator shall transmit the fees monthly to the commissioner of finance for deposit in
the state treasury and credit to the general fund. deleted text begin $30 of each fee collected in a dissolution
action under subdivision 2, clause (1), must be deposited by the commissioner of finance
in the special revenue fund and is appropriated to the commissioner of employment and
economic development for the displaced homemaker program under section 116L.96.
deleted text end

(b) In a county which has a screener-collector position, fees paid by a county
pursuant to this subdivision shall be transmitted monthly to the county treasurer, who
shall apply the fees first to reimburse the county for the amount of the salary paid for the
screener-collector position. The balance of the fees collected shall then be forwarded to
the commissioner of finance for deposit in the state treasury and credited to the general
fund. In a county in a judicial district under section 480.181, subdivision 1, paragraph
(b), which has a screener-collector position, the fees paid by a county shall be transmitted
monthly to the commissioner of finance for deposit in the state treasury and credited to the
general fund. A screener-collector position for purposes of this paragraph is an employee
whose function is to increase the collection of fines and to review the incomes of potential
clients of the public defender, in order to verify eligibility for that service.

(c) No fee is required under this section from the public authority or the party the
public authority represents in an action for:

(1) child support enforcement or modification, medical assistance enforcement, or
establishment of parentage in the district court, or in a proceeding under section 484.702;

(2) civil commitment under chapter 253B;

(3) the appointment of a public conservator or public guardian or any other action
under chapters 252A and 525;

(4) wrongfully obtaining public assistance under section 256.98 or 256D.07, or
recovery of overpayments of public assistance;

(5) court relief under chapters 260, 260A, 260B, and 260C;

(6) forfeiture of property under sections 169A.63 and 609.531 to 609.5317;

(7) recovery of amounts issued by political subdivisions or public institutions under
sections 246.52, 252.27, 256.045, 256.25, 256.87, 256B.042, 256B.14, 256B.15, 256B.37,
260B.331, and 260C.331, or other sections referring to other forms of public assistance;

(8) restitution under section 611A.04; or

(9) actions seeking monetary relief in favor of the state pursuant to section 16D.14,
subdivision 5.

(d) $20 from each fee collected for child support modifications under subdivision 2,
clause (13), must be transmitted to the county treasurer for deposit in the county general
fund and $35 from each fee shall be credited to the state general fund. The fees must be
used by the county to pay for child support enforcement efforts by county attorneys.

Sec. 2.

Minnesota Statutes 2006, 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 $240 deleted text begin , except in marriage dissolution actions the fee is $270 deleted text end .

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 $240 deleted text begin , except in
marriage dissolution actions the fee is $270 deleted text end .

The party requesting a trial by jury shall pay $75.

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, $10, and $5
for an uncertified copy.

(3) Issuing a subpoena, $12 for each name.

(4) Filing a motion or response to a motion in civil, family, excluding child support,
and guardianship cases, $55.

(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, $40.

(6) Issuing a transcript of judgment, or for filing and docketing a transcript of
judgment from another court, $30.

(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, $40.

(11) For the deposit of a will, $20.

(12) For recording notary commission, $100, of which, notwithstanding subdivision
1a, paragraph (b), $80 must be forwarded to the commissioner of finance to be deposited
in the state treasury and credited to the general fund.

(13) Filing a motion or response to a motion for modification of child support, a
fee of $55.

(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. 3.

Minnesota Statutes 2006, 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 party applying for a license relative to the legality of the
contemplated marriage. 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. 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
the expiration of the five days. Except as provided in paragraph (b), the local registrar shall
collect from the applicant a fee of deleted text begin $100 deleted text end new text begin $85 new text end 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) The marriage license fee for parties who have completed at least 12 hours of
premarital education is deleted text begin $30 deleted text end new text begin $20 new text end . In order to qualify for the reduced fee, the parties
must submit a signed and dated statement from the person who provided the premarital
education 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.

(c) 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.

(d) 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. 4.

Minnesota Statutes 2006, section 517.08, subdivision 1c, is amended to read:

Subd. 1c.

Disposition of license fee.

(a) Of the marriage license fee collected
pursuant to subdivision 1b, paragraph (a), $15 must be retained by the county. The local
registrar must pay deleted text begin $85 deleted text end new text begin $70 new text end to the commissioner of finance to be deposited as follows:

(1) $50 in the general fund;

(2) $3 in the special revenue fund to be appropriated to the commissioner of
education 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) deleted text begin $25 deleted text end new text begin $10 new text end in the special revenue fund is appropriated to the commissioner of
employment and economic development for the displaced homemaker program under
section 116L.96; and

(5) $5 in the special revenue fund is appropriated to the commissioner of human
services for the Minnesota Healthy Marriage and Responsible Fatherhood Initiative under
section 256.742.

(b) Of the deleted text begin $30 deleted text end new text begin $20 new text end fee under subdivision 1b, paragraph (b), $15 must be retained
by the county. The local registrar must pay deleted text begin $15 deleted text end new text begin $5 new text end to the commissioner of finance to
be deleted text begin deposited as follows:
deleted text end

deleted text begin (1) $5 deleted text end new text begin distributed new text end as provided in paragraph (a), clauses (2) and (3) deleted text begin ; 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 displaced homemaker program under
section 116L.96 deleted text end .

(c) The increase in the marriage license fee under paragraph (a) provided for in Laws
2004, chapter 273, and disbursement of the increase in that fee to the special fund for the
Minnesota Healthy Marriage and Responsible Fatherhood Initiative under paragraph (a),
clause (5), is contingent upon the receipt of federal funding under United States Code, title
42, section 1315, for purposes of the initiative.

Sec. 5. new text begin APPROPRIATION.
new text end

new text begin $....... is appropriated from the general fund to the commissioner of employment
and economic development for the displaced homemaker program under Minnesota
Statutes, section 116L.96.
new text end