SF 4033

as introduced - 91st Legislature (2019 - 2020) Posted on 03/06/2020 08:37am

A bill for an act
relating to marriage; requiring an education course for parents with children before
marriage; allowing for a reduced fee for marriage for parents with children;
requiring reporting on stepfamily education; amending Minnesota Statutes 2018,
section 517.08, subdivisions 1a, 1c, 4, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2018, section 517.08, subdivision 1a, is amended to read:

Subd. 1a.

Form.

Application for a civil marriage license shall be made by both of the
parties 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 civil 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) new text begin if either party has custody or parenting time with a minor child from a previous
relationship;
new text end

new text begin (8) new text end the address of the parties after the civil marriage is entered into to which the local
registrar shall send a certified copy of the civil marriage certificate;

deleted text begin (8) deleted text end new text begin (9) new text end the full names the parties will have after the civil marriage is entered into and
the parties' Social Security numbers. The Social Security numbers must be collected for the
application but must not appear on the civil marriage license. If a party listed on a civil
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;

deleted text begin (9) deleted text end new text begin (10) new text end if one or both of the parties to the civil 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 (10) deleted text end new text begin (11) 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 name after a civil marriage
except as authorized by section 259.13, and that doing so is a gross misdemeanor.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2020, and applies to applications
on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2018, section 517.08, subdivision 1c, is amended to read:

Subd. 1c.

Disposition of license fee.

(a) Of the civil marriage license fee collected
pursuant to subdivision 1b, paragraph (a), $25 must be retained by the county. The local
registrar must pay $90 to the commissioner of management and budget to be deposited as
follows:

(1) $55 in the general fund;

(2) $3 in the state government special revenue fund deleted text begin to be deleted text end new text begin , which is new text end appropriated to the
commissioner of public safety for parenting time centers under section 119A.37;

(3) $2 in the special revenue fund deleted text begin to be deleted text end new text begin , which is new text end 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 new text begin , which new text end 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, which is appropriated to the Board of Regents of the
University of Minnesota for the Minnesota couples on the brink project under section 137.32.

(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 management and budget
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.

new text begin (c) Of the $50 fee under subdivision 1d, paragraph (a), $25 must be retained by the
county. The local registrar must pay $25 to the commissioner of management and budget
to be deposited as follows:
new text end

new text begin (1) $10 as provided in paragraph (a), clauses (2), (3), and (5);
new text end

new text begin (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;
and
new text end

new text begin (3) $5 in the special revenue fund is appropriated to the Board of Regents of the
University of Minnesota for the Minnesota couples on the brink project under section 137.32
to administer the stepfamily program.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2021, and applies to all
applications for civil marriage licenses made on or after that date.
new text end

Sec. 3.

Minnesota Statutes 2018, section 517.08, is amended by adding a subdivision to
read:

new text begin Subd. 1d. new text end

new text begin Stepfamily education; license fee. new text end

new text begin (a) The civil marriage license fee for
parties who have completed stepfamily education is $50. Both parties to a marriage must
attend a four-hour online or in-person course when one of the parties has custody of or
parenting time with a minor child from a previous relationship. The parties must submit a
letter to the county clerk from the program or person who provided the stepfamily education.
The local registrar must not issue the civil marriage license until the parties have provided
the statement required in this subdivision.
new text end

new text begin (b) The statement from the person who provided the stepfamily education under paragraph
(a) must be in the following form:
new text end

new text begin "I, .......................... (name of educator), confirm that .......................... (names of both
parties) completed the stepfamily education course. I am authorized to provide the course
pursuant to Minnesota Statutes, section 517.08."
new text end

new text begin 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 civil marriage license application. Notwithstanding
section 138.17, the county clerk must retain the educator's statement for seven years.
new text end

new text begin (c) The stepfamily education must be provided by a program approved by the Minnesota
couples on the brink project, which shall provide minimum standards for stepfamily education
programs, approve eligible programs, and inform county clerks about eligible programs.
The eligible programs must be based on research and have evidence for effectiveness in
promoting stepfamily adjustment. The program may charge a fee to cover the cost of the
program. The program must include a sliding fee scale for low-income participants and
must offer a party who qualifies for a waiver of fees under section 563.01 the opportunity
to take the course for free. The course must provide information about:
new text end

new text begin (1) the challenges faced by children and adults in stepfamilies;
new text end

new text begin (2) the dynamics of parenting in a stepfamily and skills for coparenting in a stepfamily;
new text end

new text begin (3) the challenges and opportunities for married couples in stepfamilies and skills for
communication, problem solving, and relationship maintenance in a stepfamily; and
new text end

new text begin (4) the risk of domestic violence, including child and spousal abuse, and information on
domestic violence resources.
new text end

new text begin (d) The county clerk may waive the education requirement under this subdivision for a
person who submits an affidavit indicating that the course is not available in a language
that they speak.
new text end

new text begin (e) The county clerk must prominently display information about the educational
requirement for stepfamilies, including the fee reduction, on the county clerk's website and
in printed materials and shall provide the following information: "When a new marriage
forms a stepfamily with minor children, Minnesota law requires that both parties complete
a four-hour educational course, online or in person, prior to being issued a marriage license.
The main reason for this requirement is the welfare of the children. Research has shown
that there are unique stresses for children in stepfamily life and that a brief educational
program for their parents and stepparents can help children adjust and do well. Marriage
relationships also benefit when both spouses understand the special challenges of coparenting
in stepfamilies, and when they learn skills for managing these challenges. In order to offset
the expense of the educational program, your marriage license fee is reduced from $110 to
$50."
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2021, and applies to all
applications for civil marriage licenses made on or after that date.
new text end

Sec. 4.

Minnesota Statutes 2018, section 517.08, subdivision 4, is amended to read:

Subd. 4.

Report.

new text begin (a) new text end The local registrar of each county shall annually report to the
Department of Health new text begin :
new text end

new text begin (1) new text end the number of civil marriage licenses issued in the county for which the fee in
subdivision 1b, paragraph (a), was paid deleted text begin and deleted text end new text begin ;
new text end

new text begin (2) new text end the number new text begin of civil marriage licenses new text end for which the fee in subdivision 1b, paragraph
(c), was paid deleted text begin . deleted text end new text begin ;
new text end

new text begin (3) the number of civil marriage licenses issued in the county for which the fee in
subdivision 1d was paid; and
new text end

new text begin (4) the number of marriage license applications where the parties indicated one party
has custody or parenting time of a minor child from a previous relationship.
new text end

new text begin (b) The Minnesota couples on the brink project must annually report to the Department
of Health the number of participants in the program.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2021, and applies to all
applications for civil marriage licenses made on or after that date.
new text end