SF 1227

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:19am

A bill for an act
relating to marriage; establishing a Minnesota divorce reconciliation project;
redirecting disposition of a portion of the marriage license fee; requiring
participation in a marriage dissolution education program before commencing
marriage dissolution proceedings involving minor children; appropriating
money; amending Minnesota Statutes 2008, section 517.08, subdivision 1c;
proposing coding for new law in Minnesota Statutes, chapters 256; 518.

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

Section 1.

new text begin [256.743] MINNESOTA DIVORCE RECONCILIATION PROJECT.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin Within the limits of available appropriations, the
commissioner shall develop and implement a Minnesota divorce reconciliation project, as
provided for in this section. The commissioner may administer the project with federal
grants, state appropriations, and in-kind services received for this purpose.
new text end

new text begin Subd. 2. new text end

new text begin Purpose. new text end

new text begin The purpose of the project is to develop, evaluate, and
disseminate best practices for promoting successful reconciliation between married
persons who are considering or have commenced a marriage dissolution proceeding and
who choose to pursue reconciliation.
new text end

new text begin Subd. 3. new text end

new text begin Implementation. new text end

new text begin The project must be implemented through the University
of Minnesota. The commissioner shall:
new text end

new text begin (1) enter into contracts or manage a grant process for implementation of the project;
and
new text end

new text begin (2) develop and implement an evaluation component for the project.
new text end

Sec. 2.

Minnesota Statutes 2008, 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), $25 must be retained by the county. The local
registrar must pay $85 to the commissioner of finance to be deposited as follows:

(1) $50 in the general fund;

(2) $3 in the state government special revenue fund to be appropriated to the
commissioner of public safety 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) $25 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 new text begin or the Minnesota divorce reconciliation project under section 256.743 new text end .

(b) Of the $40 fee under subdivision 1b, paragraph (b), $25 must be retained by the
county. The local registrar must pay $15 to the commissioner of finance to be deposited
as follows:

(1) $5 as provided in paragraph (a), clauses (2) and (3); and

(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.

(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. new text begin The commissioner of human services
shall disburse any balance in the special fund in excess of the amount for which federal
matching funds are available for the initiative under section 256.742 to the project under
section 256.743, beginning with any balance in the fund available on the effective date of
this act and every six months after that time.
new text end

Sec. 3.

new text begin [518.159] MARRIAGE DISSOLUTION EDUCATION REQUIREMENTS.
new text end

new text begin Subdivision 1. new text end

new text begin Application. new text end

new text begin This section applies to marriage dissolution
proceedings involving minor children.
new text end

new text begin Subd. 2. new text end

new text begin Participation requirements. new text end

new text begin (a) A petition or counterpetition for
dissolution of marriage or an answer must be accompanied by an affidavit verifying
that the serving party has completed a marriage dissolution education program under
this section. A court administrator must not accept for filing a petition, joint petition,
counterpetition, answer, or marital termination agreement unless it is accompanied by
an affidavit that the filing party or, in the case of a joint petition or marital termination
agreement, both parties have completed an online marriage dissolution education program.
new text end

new text begin (b) The requirements of paragraph (a) are satisfied if a party includes an
accompanying affidavit verifying that it is impracticable for the party to complete the
program and stating the reason. Examples of impracticability include that:
new text end

new text begin (1) the party cannot speak or read the languages in which qualifying programs
are offered;
new text end

new text begin (2) the party does not have access to a private or library computer connected to
the Internet; or
new text end

new text begin (3) a specified emergency exists so that the pleading must be served or filed before
the party completes the program.
new text end

new text begin Subd. 3. new text end

new text begin Program requirements. new text end

new text begin (a) The online program, "Children in the
Middle," qualifies as an education program for purposes of this section. Other online
programs may qualify under this section, provided that the program is designed for
separating and divorcing parents and has demonstrated scientific evidence of effectiveness
in reducing parental conflict and improving children's adjustment. Scientific evidence
means controlled research that uses outcome measures that have reliability and validity
at a level that is conventionally accepted by experts in the field. The program must also
have evidence that it can be implemented in a way that is consistent with the version that
was evaluated. The program must provide:
new text end

new text begin (1) information on constructive parenting in the dissolution process, including risk
factors for families, how marriage dissolution affects children of different ages, and skills
parents can learn to diminish conflict and increase cooperation. This component of the
program must be aimed at increasing the parents' sensitivity to children's needs and at
giving them skills to improve their own and the children's adjustment to the breakup
of the family;
new text end

new text begin (2) information on the legal process of marriage dissolution, including an overview
of the adversary litigation process; the nature and availability of alternative processes
such as mediation, collaborative and cooperative law, and restorative circles; and the
advantages and disadvantages of alternative processes, including available research on
the satisfaction levels, reduced conflict, and better parenting cooperation by parties who
avoid adversary proceedings; and
new text end

new text begin (3) information on the option of reconciliation, including research on reconciliation
among couples considering marriage dissolution, the potential benefits of avoiding
marriage dissolution, ways that some couples have restored their marriages to health, and
resources to assist with reconciliation for interested couples.
new text end

new text begin (b) The qualification of programs other than "Children in the Middle" must be
determined by the Minnesota Supreme Court, in consultation with scientific experts.
Expenses for the evaluation must be paid by the program requesting to be qualified
under this section.
new text end

new text begin Subd. 4. new text end

new text begin Costs. new text end

new text begin Costs for taking the online program must be paid by each individual
taking the program. Individuals making less than 200 percent of the federal poverty line
or who are entitled to proceed in forma pauperis under section 563.01 are entitled to a
waiver of the fee for the program.
new text end