as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to employment; providing funding for the 1.3 displaced homemaker program by increasing the marriage 1.4 license fee; amending Minnesota Statutes 2002, section 1.5 517.08, subdivisions 1b, 1c. 1.6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.7 Section 1. Minnesota Statutes 2002, section 517.08, 1.8 subdivision 1b, is amended to read: 1.9 Subd. 1b. [TERM OF LICENSE; FEE; PREMARITAL EDUCATION.] 1.10 (a) The court administrator shall examine upon oath the party 1.11 applying for a license relative to the legality of the 1.12 contemplated marriage. If at the expiration of a five-day 1.13 period, on being satisfied that there is no legal impediment to 1.14 it, including the restriction contained in section 259.13, the 1.15 court administrator shall issue the license, containing the full 1.16 names of the parties before and after marriage, and county and 1.17 state of residence, with the district court seal attached, and 1.18 make a record of the date of issuance. The license shall be 1.19 valid for a period of six months. In case of emergency or 1.20 extraordinary circumstances, a judge of the district court of 1.21 the county in which the application is made, may authorize the 1.22 license to be issued at any time before the expiration of the 1.23 five days. Except as provided in paragraph (b), the court 1.24 administrator shall collect from the applicant a fee of
$70$90 1.25 for administering the oath, issuing, recording, and filing all 2.1 papers required, and preparing and transmitting to the state 2.2 registrar of vital statistics the reports of marriage required 2.3 by this section. If the license should not be used within the 2.4 period of six months due to illness or other extenuating 2.5 circumstances, it may be surrendered to the court administrator 2.6 for cancellation, and in that case a new license shall issue 2.7 upon request of the parties of the original license without 2.8 fee. A court administrator who knowingly issues or signs a 2.9 marriage license in any manner other than as provided in this 2.10 section shall pay to the parties aggrieved an amount not to 2.11 exceed $1,000. 2.12 (b) The marriage license fee for parties who have completed 2.13 at least 12 hours of premarital education is $20$40. In order 2.14 to qualify for the reduced fee, the parties must submit a signed 2.15 and dated statement from the person who provided the premarital 2.16 education confirming that it was received. The premarital 2.17 education must be provided by a licensed or ordained minister or 2.18 the minister's designee, a person authorized to solemnize 2.19 marriages under section 517.18, or a person authorized to 2.20 practice marriage and family therapy under section 148B.33. The 2.21 education must include the use of a premarital inventory and the 2.22 teaching of communication and conflict management skills. 2.23 (c) The statement from the person who provided the 2.24 premarital education under paragraph (b) must be in the 2.25 following form: 2.26 "I, (name of educator), confirm that (names of both 2.27 parties) received at least 12 hours of premarital education that 2.28 included the use of a premarital inventory and the teaching of 2.29 communication and conflict management skills. I am a licensed 2.30 or ordained minister, a person authorized to solemnize marriages 2.31 under Minnesota Statutes, section 517.18, or a person licensed 2.32 to practice marriage and family therapy under Minnesota 2.33 Statutes, section 148B.33." 2.34 The names of the parties in the educator's statement must 2.35 be identical to the legal names of the parties as they appear in 2.36 the marriage license application. Notwithstanding section 3.1 138.17, the educator's statement must be retained for seven 3.2 years, after which time it may be destroyed. 3.3 (d) If section 259.13 applies to the request for a marriage 3.4 license, the court administrator shall grant the marriage 3.5 license without the requested name change. Alternatively, the 3.6 court administrator may delay the granting of the marriage 3.7 license until the party with the conviction: 3.8 (1) certifies under oath that 30 days have passed since 3.9 service of the notice for a name change upon the prosecuting 3.10 authority and, if applicable, the attorney general and no 3.11 objection has been filed under section 259.13; or 3.12 (2) provides a certified copy of the court order granting 3.13 it. The parties seeking the marriage license shall have the 3.14 right to choose to have the license granted without the name 3.15 change or to delay its granting pending further action on the 3.16 name change request. 3.17 Sec. 2. Minnesota Statutes 2002, section 517.08, 3.18 subdivision 1c, is amended to read: 3.19 Subd. 1c. [DISPOSITION OF LICENSE FEE.] (a) Of the 3.20 marriage license fee collected pursuant to subdivision 1b, 3.21 paragraph (a), $15 must be retained by the county. The court 3.22 administrator must pay $55$75 to the state treasurer to be 3.23 deposited as follows: 3.24 (1) $50 in the general fund; 3.25 (2) $3 in the special revenue fund to be appropriated to 3.26 the commissioner of children, families, and learning for 3.27 parenting time centers under section 119A.37; and3.28 (3) $2 in the special revenue fund to be appropriated to 3.29 the commissioner of health for developing and implementing the 3.30 MN ENABL program under section 145.9255; and 3.31 (4) $20 in the special revenue fund to be appropriated to 3.32 the commissioner of economic security for the displaced 3.33 homemaker program under section 268.96. 3.34 (b) Of the $20$40 fee under subdivision 1b, paragraph (b), 3.35 $15 must be retained by the county. The state court 3.36 administrator must pay $5 to the state treasurer to be 4.1 distributed as provided in paragraph (a), clauses (2) and (3), 4.2 and $20 to the state treasurer to be distributed as provided in 4.3 paragraph (a), clause (4). 4.4 Sec. 3. [EFFECTIVE DATE.] 4.5 Sections 1 and 2 are effective July 1, 2003.