Minnesota Legislature
SF 624
as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am
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A bill for an act
relating to marriage; changing and clarifying certain terms and procedures;
requiring certain fees; amending Minnesota Statutes 2006, sections 517.03,
subdivision 2; 517.05; 517.07; 517.08, subdivisions 1a, 1b, 1c; 517.10; 517.13.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2006, 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 courtdeleted 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 administratordeleted 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. 2.
Minnesota Statutes 2006, 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 with the deleted text begin court
administrator of the district courtdeleted 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 thereof. new text begin The local registrar shall collect from the registrant
a fee of $20 for issuing a certificate of filing, recording, and filing all papers required.
The filing fee must be deposited into the county's general fund. new text end The place where the
credentials are recorded shall be endorsed upon and recorded with each certificate of
marriage granted by a minister.
Sec. 3.
Minnesota Statutes 2006, section 517.07, is amended to read:
517.07 LICENSE.
Before any persons are joined in marriagenew text begin in Minnesotanew text end , a license deleted text begin shalldeleted text end new text begin must new text end be
obtained from the local registrar of any countynew text begin in Minnesotanew text end . The marriage need not take
place in the county where the license is obtainednew text begin , but must take place in Minnesotanew text end .
Sec. 4.
Minnesota Statutes 2006, section 517.08, subdivision 1a, is amended to read:
Subd. 1a.
Form.
Application for a marriage license shall be made 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) 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;
(8) address of the bride and groom after the marriage to which the court administrator
shall send a certified copy of the marriage certificate;
(9) 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;
(10) 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
(11) 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 surname after new text begin a name
change through new text end marriage except as authorized by section 259.13, and that doing so is a
gross misdemeanor.
Sec. 5.
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 $100deleted text end new text begin $110 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 $30deleted text end new text begin $40new text end . In order to qualify for the reduced new text begin license new text end fee, the
parties must submit new text begin at the time of applying for the marriage license new text end 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. 6.
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), deleted text begin $15deleted text end new text begin $25 new text end 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 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) $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.
(b) Of the deleted text begin $30deleted text end new text begin $40 new text end fee under subdivision 1b, paragraph (b), deleted text begin $15deleted text end new text begin $25 new text end 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.
Sec. 7.
Minnesota Statutes 2006, 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 thereofdeleted text end new text begin
a marriage certificatenew text end . deleted text begin Eachdeleted text end new text begin The new text end certificate deleted text begin shalldeleted text end new text begin must new text end contain the full names before and
after marriage and county and state of residences of the parties and the date and place of
the marriage. deleted text begin Eachdeleted text end new text begin The new text end certificate deleted text begin shalldeleted text end new text begin must new text end also contain the signatures of at least two
of the witnesses present at the marriage who deleted text begin shalldeleted text end new text begin must new text end be at least 16 years of age. The
person solemnizing the marriage deleted text begin shall give each of the parties one such certificate, anddeleted text end
shall immediately make a record of deleted text begin suchdeleted text end new text begin the new text end marriage, and file deleted text begin one suchdeleted text end new text begin the new text end certificate
with the local registrar deleted text begin of the district court ofdeleted text end new text begin in new text end the county in which the license was issued
within five days after the ceremony. The local registrar shall deleted text begin record suchdeleted text end new text begin file the new text end certificate
in a book new text begin or automated system new text end kept for that purpose.
Sec. 8.
Minnesota Statutes 2006, section 517.13, is amended to read:
517.13 PENALTY FOR FAILURE TO deleted text begin DELIVER ANDdeleted text end FILE CERTIFICATE.
Every person solemnizing a marriage who neglects to deleted text begin deliver todeleted text end new text begin file with new text end the local
registrar a certificate 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.