SF 548

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:13am

A bill for an act
relating to marriage; clarifying and modifying certain terms and procedures;
specifying forms; amending Minnesota Statutes 2008, sections 517.02; 517.03,
subdivision 2; 517.04; 517.05; 517.06; 517.07; 517.08, subdivisions 1a, 1b;
517.10; 517.101; 517.13.

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

Section 1.

Minnesota Statutes 2008, section 517.02, is amended to read:

517.02 PERSONS CAPABLE OF CONTRACTING.

Every person who has attained the full age of 18 years is capable in law of
contracting marriage, if otherwise competent. A person of the full age of 16 years may,
with the consent of the person's new text begin legal custodial new text end parents, guardian, or the court, as provided
in section 517.08, receive a license to marry, when, after a careful inquiry into the facts
and the surrounding circumstances, the person's application for a license new text begin and consent
for marriage of a minor form new text end is approved by the judge of the deleted text begin juvenile deleted text end new text begin district new text end court of
the county in which the person resides. If the judge of deleted text begin juvenile deleted text end new text begin the district new text end court of the
county in which the person resides is absent from the county and has not by order assigned
another judge or a retired judge to act in the judge's stead, then the court commissioner or
any judge of district court of the county may approve the application for a license.

new text begin The consent for marriage of a minor must be in the following form:
new text end

new text begin STATE OF MINNESOTA, COUNTY OF .................... (insert county name)
new text end

new text begin I/We ........................... (insert legal custodial parent or guardian names) under oath
or affirmation say:
new text end

new text begin That I/we are the legal custodial parent(s) or guardian of ...........................
(insert name of minor), who was born at ........................... (insert place of birth) on
........................... (insert date of birth) who is presently the age of ....... (insert age).
new text end

new text begin That the minor has not been previously married.
new text end

new text begin That I/we consent to the marriage of this minor to ........................... (insert name of
the person minor intends to marry) who is of the age of ....... (insert age).
new text end

new text begin That affidavit is being made for the purpose of requesting the judge's consent to
allow this minor to marry and make this marriage legal.
new text end

new text begin Date: .............................
new text end

new text begin .....................................................................................................
new text end

new text begin .....................................................................................................
new text end

new text begin (Signature of legal custodial parents or guardian)
new text end

new text begin Sworn to or affirmed and acknowledged before me on this ....... day of .................... .
new text end

new text begin ..........................................
new text end

new text begin NOTARY PUBLIC
new text end

new text begin STATE OF MINNESOTA, COUNTY OF .................... (insert county name).
new text end

new text begin The undersigned is the judge of the district court where the minor resides and grants
the request for the minor to marry.
new text end

new text begin ................................ (judge of district court)
new text end

new text begin ................................ (date).
new text end

Sec. 2.

Minnesota Statutes 2008, 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 court deleted 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 administrator deleted 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. 3.

Minnesota Statutes 2008, section 517.04, is amended to read:

517.04 deleted text begin SOLEMNIZATION deleted text end new text begin PERSONS AUTHORIZED TO PERFORM
MARRIAGES new text end .

Marriages may be solemnized throughout the state by new text begin an individual who has attained
the age of 21 years and is new text end a judge of a court of record, a retired judge of a court of record,
a court administrator, a retired court administrator with the approval of the chief judge of
the judicial district, a former court commissioner who is employed by the court system or
is acting pursuant to an order of the chief judge of the commissioner's judicial district, the
residential school administrators of the Minnesota State Academy for the Deaf and the
Minnesota State Academy for the Blind, a licensed or ordained minister of any religious
denomination, or by any mode recognized in section 517.18.

Sec. 4.

Minnesota Statutes 2008, 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 new text begin or, if their religious
denomination does not issue credentials, authority from the minister's spiritual assembly, new text end
with the deleted text begin court administrator of the district court deleted 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 new text begin of filing new text end thereof. The place where the
credentials are recorded shall be endorsed upon and recorded with each certificate of
marriage granted by a minister.

Sec. 5.

Minnesota Statutes 2008, section 517.06, is amended to read:

517.06 PARTIES EXAMINED.

Every person authorized by law to perform the marriage ceremony, before
solemnizing a marriage, may examine the parties on oath, which oath the person is
authorized to administer, as to the legality of the intended marriage deleted text begin , and deleted text end new text begin . new text end No person
shall solemnize a marriage unless satisfied that there is no legal impediment to it new text begin , that a
marriage license has been obtained, and that the individuals present are the persons named
in the license new text end .

Sec. 6.

Minnesota Statutes 2008, section 517.07, is amended to read:

517.07 LICENSE.

Before any persons are joined in marriage new text begin in Minnesota new text end , a license shall be obtained
from the local registrar of any county new text begin within Minnesota new text end . The marriage need not take place
in the county where the license is obtained new text begin but must take place within the geographical
borders of Minnesota new text end .

Sec. 7.

Minnesota Statutes 2008, section 517.08, subdivision 1a, is amended to read:

Subd. 1a.

Form.

Application for a marriage license shall be made new text begin by both of the
parties new text end upon a form provided for the purpose and shall contain 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) deleted text begin 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;
deleted text end

deleted text begin (8) deleted text end address of the bride and groom after the marriage to which the deleted text begin court administrator deleted text end new text begin
local registrar new text end shall send a certified copy of the marriage certificate;

deleted text begin (9) deleted text end new text begin (8) new text end 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 license new text begin . If a party listed on a marriage application
does not have a Social Security number, the party must certify on the application, or a
supplement to the application, that the party does not have a Social Security number new text end ;

deleted text begin (10) deleted text end new text begin (9) new text end 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

deleted text begin (11) deleted text end new text begin (10) new text end 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 surname deleted text end new text begin name new text end after
marriage except as authorized by section 259.13, and that doing so is a gross misdemeanor.

Sec. 8.

Minnesota Statutes 2008, 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 deleted text begin party deleted text end new text begin parties new text end applying for a license relative to the legality of the
contemplated marriage. new text begin If one party is unable to appear in person, the party appearing may
complete the absent applicant's information. The local registrar shall provide a copy of the
marriage application to the party who is unable to appear, who must verify the accuracy of
the party's information in a notarized statement. The marriage license must not be released
until the verification statement has been received by the local registrar. new text end 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. deleted text begin 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. deleted text end
Except as provided in paragraph (b), the local registrar shall collect from the applicant a
fee of $110 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) new text begin 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 expiration of the five-day period required under paragraph (a). A waiver
of the five-day waiting period must be in the following form:
new text end

new text begin STATE OF MINNESOTA, COUNTY OF .................... (insert county name)
new text end

new text begin APPLICATION FOR WAIVER OF MARRIAGE LICENSE WAITING PERIOD:
new text end

new text begin ................................................................................. (legal names of the applicants)
new text end

new text begin Represent and state as follows:
new text end

new text begin That on ......................... (date of application) the applicants applied to the local
registrar of the above-named county for a license to marry.
new text end

new text begin That it is necessary that the license be issued before the expiration of five days
from the date of the application by reason of the following: (insert reason for requesting
waiver of waiting period)
new text end

new text begin .............................................................................................................
new text end

new text begin .............................................................................................................
new text end

new text begin .............................................................................................................
new text end

new text begin WHEREAS, the applicants request that the judge waive the required five-day
waiting period and the local registrar be authorized and directed to issue the marriage
license immediately.
new text end

new text begin Date: .............................
new text end

new text begin .......................................................................................
new text end

new text begin .......................................................................................
new text end

new text begin (Signatures of applicants)
new text end

new text begin Acknowledged before me on this ....... day of .................... .
new text end

new text begin ..........................................
new text end

new text begin NOTARY PUBLIC
new text end

new text begin COURT ORDER AND AUTHORIZATION:
new text end

new text begin STATE OF MINNESOTA, COUNTY OF .................... (insert county name)
new text end

new text begin After reviewing the above application, I am satisfied that an emergency or
extraordinary circumstance exists that justifies the issuance of the marriage license before
the expiration of five days from the date of the application. IT IS HEREBY ORDERED
that the local registrar is authorized and directed to issue the license forthwith.
new text end

new text begin .....................................................
new text end

new text begin ................................ (judge of district court)
new text end

new text begin ................................ (date).
new text end

new text begin (c) new text end The marriage license fee for parties who have completed at least 12 hours of
premarital education is $40. In order to qualify for the reduced license fee, the parties must
submit at the time of applying for the marriage license a signed deleted text begin and deleted text end new text begin , new text end dated new text begin , and notarized new text end
statement from the person who provided the premarital education new text begin on their letterhead
new text end 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.

deleted text begin (c) deleted text end new text begin (d) new text end The statement from the person who provided the premarital education under
paragraph (b) must be in the following form:

"I, new text begin .......................... new text end (name of educator), confirm that new text begin .......................... new text end (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.

deleted text begin (d) deleted text end new text begin (e) new text end 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. 9.

Minnesota Statutes 2008, 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 thereof deleted text end new text begin
a certificate new text end . deleted text begin Each deleted text end new text begin The new text end certificate shall contain the full names new text begin of the parties new text end before and
after marriage new text begin , the birth dates of the parties, new text end and county and state of residences of the
parties and the date and place of the marriage. deleted text begin Each deleted text end new text begin The new text end certificate shall also contain the
signatures of at least two of the witnesses present at the marriage who shall be at least
16 years of age. The person solemnizing the marriage deleted text begin shall give each of the parties one
such certificate, and deleted text end shall immediately make a record of such marriage, and file deleted text begin one deleted text end such
certificate with the local registrar deleted text begin of the district court deleted text end of the county in which the license
was issued within five days after the ceremony. The local registrar shall record such
certificate in deleted text begin a book kept for that purpose deleted text end new text begin the county marriage records new text end .

Sec. 10.

Minnesota Statutes 2008, section 517.101, is amended to read:

517.101 CERTIFIED COPIES OF MARRIAGE CERTIFICATE.

Within ten days of receipt of the certificate and after recording the certificate the
local registrar shall prepare a certified copy of the certificate to be mailed to the married
parties. deleted text begin The person solemnizing the marriage shall indicate at the time of filing the
certificate with the local registrar that the person wishes to receive a copy.
deleted text end

Sec. 11.

Minnesota Statutes 2008, section 517.13, is amended to read:

517.13 PENALTY FOR FAILURE TO deleted text begin DELIVER AND deleted text end FILE CERTIFICATE.

Every person solemnizing a marriage who neglects to deleted text begin deliver to deleted text end new text begin file a certificate with
new text end the local registrar deleted text begin a certificate deleted text end 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.