SF 1841

1st Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to marriage; changing certain administrative 
  1.3             responsibilities; requiring a report; appropriating 
  1.4             money; amending Minnesota Statutes 2002, sections 
  1.5             517.07; 517.08, by adding a subdivision; 517.10; 
  1.6             517.13; 517.18, subdivision 1; Minnesota Statutes 2003 
  1.7             Supplement, section 517.08, subdivisions 1b, 1c; 
  1.8             proposing coding for new law in Minnesota Statutes, 
  1.9             chapters 256; 517. 
  1.10  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.11     Section 1.  [256.742] [MINNESOTA HEALTHY MARRIAGE AND 
  1.12  RESPONSIBLE FATHERHOOD INITIATIVE.] 
  1.13     Subdivision 1.  [ESTABLISHMENT.] The commissioner shall 
  1.14  develop and implement a Minnesota Healthy Marriage and 
  1.15  Responsible Fatherhood Initiative, as provided for in this 
  1.16  section.  The commissioner may administer the initiative with 
  1.17  federal grants, state appropriations, and in-kind services 
  1.18  received for this purpose.  
  1.19     Subd. 2.  [PURPOSE.] The purpose of the Healthy Marriage 
  1.20  and Responsible Fatherhood Initiative is to develop a 
  1.21  community-based collaborative project that will test and 
  1.22  evaluate a comprehensive strategy for promoting marriage and 
  1.23  responsible fatherhood among unmarried urban parents who are 
  1.24  expecting or have recently had a child.  The initiative 
  1.25  objectives are to: 
  1.26     (1) encourage stable family formation among unmarried new 
  1.27  parents in urban communities; 
  2.1      (2) promote healthy marriages among unmarried new parents 
  2.2   who want to be a couple and indicate that marriage is a goal for 
  2.3   their relationship; 
  2.4      (3) increase paternity establishment and enhance related 
  2.5   child support performance indicators; 
  2.6      (4) promote responsible fathering; 
  2.7      (5) enhance the well-being of children; and 
  2.8      (6) encourage and facilitate community support for marriage 
  2.9   and family formation among unmarried parents. 
  2.10     Subd. 3.  [IMPLEMENTATION.] The target population for the 
  2.11  initiative is unmarried new parent couples whose babies are born 
  2.12  in urban hospitals in Minneapolis and St. Paul.  The initiative 
  2.13  may be implemented through the University of Minnesota and 
  2.14  community-based programs and organizations.  The commissioner 
  2.15  shall:  
  2.16     (1) enter into contracts or manage a grant process for 
  2.17  implementation of the initiative; 
  2.18     (2) provide technical assistance; and 
  2.19     (3) develop and implement an evaluation component for the 
  2.20  initiative. 
  2.21     Sec. 2.  [517.001] [DEFINITION.] 
  2.22     As used in this chapter, "local registrar" has the meaning 
  2.23  given in section 144.212, subdivision 10. 
  2.24     Sec. 3.  Minnesota Statutes 2002, section 517.07, is 
  2.25  amended to read: 
  2.26     517.07 [LICENSE.] 
  2.27     Before any persons are joined in marriage, a license shall 
  2.28  be obtained from the court administrator of the district court 
  2.29  local registrar of any county.  The marriage need not take place 
  2.30  in the county where the license is obtained. 
  2.31     Sec. 4.  Minnesota Statutes 2003 Supplement, section 
  2.32  517.08, subdivision 1b, is amended to read: 
  2.33     Subd. 1b.  [TERM OF LICENSE; FEE; PREMARITAL EDUCATION.] 
  2.34  (a) The court administrator local registrar shall examine upon 
  2.35  oath the party applying for a license relative to the legality 
  2.36  of the contemplated marriage.  If at the expiration of a 
  3.1   five-day period, on being satisfied that there is no legal 
  3.2   impediment to it, including the restriction contained in section 
  3.3   259.13, the court administrator local registrar shall issue the 
  3.4   license, containing the full names of the parties before and 
  3.5   after marriage, and county and state of residence, with the 
  3.6   district court county seal attached, and make a record of the 
  3.7   date of issuance.  The license shall be valid for a period of 
  3.8   six months.  In case of emergency or extraordinary 
  3.9   circumstances, a judge of the district court of the county in 
  3.10  which the application is made, may authorize the license to be 
  3.11  issued at any time before the expiration of the five days.  
  3.12  Except as provided in paragraph (b), the court administrator 
  3.13  local registrar shall collect from the applicant a fee of $80 
  3.14  for administering the oath, issuing, recording, and filing all 
  3.15  papers required, and preparing and transmitting to the state 
  3.16  registrar of vital statistics the reports of marriage required 
  3.17  by this section.  If the license should not be used within the 
  3.18  period of six months due to illness or other extenuating 
  3.19  circumstances, it may be surrendered to the court 
  3.20  administrator local registrar for cancellation, and in that case 
  3.21  a new license shall issue upon request of the parties of the 
  3.22  original license without fee.  A court administrator local 
  3.23  registrar who knowingly issues or signs a marriage license in 
  3.24  any manner other than as provided in this section shall pay to 
  3.25  the parties aggrieved an amount not to exceed $1,000. 
  3.26     (b) The marriage license fee for parties who have completed 
  3.27  at least 12 hours of premarital education is $20.  In order to 
  3.28  qualify for the reduced fee, the parties must submit a signed 
  3.29  and dated statement from the person who provided the premarital 
  3.30  education confirming that it was received.  The premarital 
  3.31  education must be provided by a licensed or ordained minister or 
  3.32  the minister's designee, a person authorized to solemnize 
  3.33  marriages under section 517.18, or a person authorized to 
  3.34  practice marriage and family therapy under section 148B.33.  The 
  3.35  education must include the use of a premarital inventory and the 
  3.36  teaching of communication and conflict management skills.  
  4.1      (c) The statement from the person who provided the 
  4.2   premarital education under paragraph (b) must be in the 
  4.3   following form:  
  4.4      "I, (name of educator), confirm that (names of both 
  4.5   parties) received at least 12 hours of premarital education that 
  4.6   included the use of a premarital inventory and the teaching of 
  4.7   communication and conflict management skills.  I am a licensed 
  4.8   or ordained minister, a person authorized to solemnize marriages 
  4.9   under Minnesota Statutes, section 517.18, or a person licensed 
  4.10  to practice marriage and family therapy under Minnesota 
  4.11  Statutes, section 148B.33." 
  4.12     The names of the parties in the educator's statement must 
  4.13  be identical to the legal names of the parties as they appear in 
  4.14  the marriage license application.  Notwithstanding section 
  4.15  138.17, the educator's statement must be retained for seven 
  4.16  years, after which time it may be destroyed.  
  4.17     (d) If section 259.13 applies to the request for a marriage 
  4.18  license, the court administrator local registrar shall grant the 
  4.19  marriage license without the requested name change.  
  4.20  Alternatively, the court administrator local registrar may delay 
  4.21  the granting of the marriage license until the party with the 
  4.22  conviction: 
  4.23     (1) certifies under oath that 30 days have passed since 
  4.24  service of the notice for a name change upon the prosecuting 
  4.25  authority and, if applicable, the attorney general and no 
  4.26  objection has been filed under section 259.13; or 
  4.27     (2) provides a certified copy of the court order granting 
  4.28  it.  The parties seeking the marriage license shall have the 
  4.29  right to choose to have the license granted without the name 
  4.30  change or to delay its granting pending further action on the 
  4.31  name change request. 
  4.32     Sec. 5.  Minnesota Statutes 2003 Supplement, section 
  4.33  517.08, subdivision 1c, is amended to read: 
  4.34     Subd. 1c.  [DISPOSITION OF LICENSE FEE.] (a) Of the 
  4.35  marriage license fee collected pursuant to subdivision 1b, 
  4.36  paragraph (a), $15 $20 must be retained by the county.  The 
  5.1   court administrator local registrar must pay $65 $60 to the 
  5.2   commissioner of finance to be deposited as follows: 
  5.3      (1) $50 $40 in the general fund; 
  5.4      (2) $3 in the special revenue fund to be appropriated to 
  5.5   the commissioner of education for parenting time centers under 
  5.6   section 119A.37; 
  5.7      (3) $2 in the special revenue fund to be appropriated to 
  5.8   the commissioner of health for developing and implementing the 
  5.9   MN ENABL program under section 145.9255; and 
  5.10     (4) $10 in the special revenue fund to be appropriated to 
  5.11  the commissioner of economic security for the displaced 
  5.12  homemaker program under section 268.96; and 
  5.13     (5) $5 in the special revenue fund to be appropriated to 
  5.14  the commissioner of human services for the Minnesota Healthy 
  5.15  Marriage and Responsible Fatherhood Initiative under section 
  5.16  256.742. 
  5.17     (b) Of the $20 fee under subdivision 1b, paragraph (b), $15 
  5.18  must be retained by the county.  The state court administrator 
  5.19  local registrar must pay $5 to the commissioner of finance to be 
  5.20  distributed as provided in paragraph (a), clauses (2) and (3). 
  5.21     Sec. 6.  Minnesota Statutes 2002, section 517.08, is 
  5.22  amended by adding a subdivision to read: 
  5.23     Subd. 4.  [REPORT.] The local registrar of each county 
  5.24  shall annually report to the Department of Health the number of 
  5.25  marriage licenses issued in the county for which the fee in 
  5.26  subdivision 1b, paragraph (a), was paid and the number for which 
  5.27  the fee in subdivision 1b, paragraph (b), was paid. 
  5.28     Sec. 7.  Minnesota Statutes 2002, section 517.10, is 
  5.29  amended to read: 
  5.30     517.10 [CERTIFICATE; WITNESSES.] 
  5.31     The person solemnizing a marriage shall prepare and sign 
  5.32  three certificates thereof.  Each certificate shall contain the 
  5.33  full names before and after marriage and county and state of 
  5.34  residences of the parties and the date and place of the 
  5.35  marriage.  Each certificate shall also contain the signatures of 
  5.36  at least two of the witnesses present at the marriage who shall 
  6.1   be at least 16 years of age.  The person solemnizing the 
  6.2   marriage shall give each of the parties one such certificate, 
  6.3   and shall immediately make a record of such marriage, and file 
  6.4   one such certificate with the court administrator local 
  6.5   registrar of the district court of the county in which the 
  6.6   license was issued within five days after the ceremony.  
  6.7   The court administrator local registrar shall record such 
  6.8   certificate in a book kept for that purpose. 
  6.9      Sec. 8.  Minnesota Statutes 2002, section 517.13, is 
  6.10  amended to read: 
  6.11     517.13 [PENALTY FOR FAILURE TO DELIVER AND FILE 
  6.12  CERTIFICATE.] 
  6.13     Every person solemnizing a marriage who neglects to deliver 
  6.14  to the court administrator local registrar a certificate within 
  6.15  the time set forth in section 517.10 shall forfeit a sum not 
  6.16  exceeding $100, and every court administrator local registrar 
  6.17  who neglects to record a certificate shall forfeit a like sum. 
  6.18     Sec. 9.  Minnesota Statutes 2002, section 517.18, 
  6.19  subdivision 1, is amended to read: 
  6.20     Subdivision 1.  All marriages solemnized among the people 
  6.21  called Friends or Quakers, in the form heretofore practiced and 
  6.22  in use in their meetings, shall be valid and not affected by any 
  6.23  of the foregoing provisions.  The clerk of the meeting in which 
  6.24  such marriage is solemnized, within one month after any such 
  6.25  marriage, shall deliver a certificate of the same to the court 
  6.26  administrator of the district court local registrar of the 
  6.27  county where the marriage took place, under penalty of not more 
  6.28  than $100.  Such certificate shall be filed and recorded by the 
  6.29  court administrator under a like penalty.  If such marriage does 
  6.30  not take place in such meeting, such certificate shall be signed 
  6.31  by the parties and at least six witnesses present, and shall be 
  6.32  filed and recorded as above provided under a like penalty. 
  6.33     Sec. 10.  [APPROPRIATION.] 
  6.34     $100,000 is appropriated in fiscal year 2005 from the 
  6.35  general fund to the commissioner of human services for the 
  6.36  Minnesota Healthy Marriage and Responsible Fatherhood Initiative 
  7.1   under Minnesota Statutes, section 517.08, subdivision 1c, 
  7.2   paragraph (a), clause (5).  The first $100,000 collected under 
  7.3   Minnesota Statutes, section 517.08, subdivision 1c, paragraph 
  7.4   (a), clause (5), must be deposited in the general fund. 
  7.5      Sec. 11.  [EFFECTIVE DATE.] 
  7.6      This act is effective July 1, 2004.