Skip to main content Skip to office menu Skip to footer
Minnesota Legislature

Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language

                            CHAPTER 273-H.F.No. 2642 
                  An act relating to family law; providing for the 
                  Minnesota Healthy Marriage and Responsible Fatherhood 
                  Initiative; requiring certain parent education 
                  programs; requiring a notice; requiring a report; 
                  appropriating money; amending Minnesota Statutes 2002, 
                  sections 517.07; 517.08, by adding a subdivision; 
                  517.10; 517.13; 517.18, subdivision 1; 518.091; 
                  518.157, subdivision 3; Minnesota Statutes 2003 
                  Supplement, sections 517.08, subdivisions 1b, 1c; 
                  proposing coding for new law in Minnesota Statutes, 
                  chapters 256; 517. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  [256.742] [MINNESOTA HEALTHY MARRIAGE AND 
        RESPONSIBLE FATHERHOOD INITIATIVE.] 
           Subdivision 1.  [ESTABLISHMENT.] Within the limits of 
        available appropriations, the commissioner shall develop and 
        implement a Minnesota Healthy Marriage and Responsible 
        Fatherhood Initiative, as provided for in this section.  The 
        commissioner may administer the initiative with federal grants, 
        state appropriations, and in-kind services received for this 
        purpose.  
           Subd. 2.  [PURPOSE.] The purpose of the Healthy Marriage 
        and Responsible Fatherhood Initiative is to develop a 
        community-based collaborative project that will test and 
        evaluate a comprehensive strategy for promoting marriage and 
        responsible fatherhood among unmarried urban parents who are 
        expecting or have recently had a child.  The initiative 
        objectives are to: 
           (1) encourage stable family formation among unmarried new 
        parents in urban communities; 
           (2) promote healthy marriages among unmarried new parents 
        who want to be a couple and indicate that marriage is a goal for 
        their relationship; 
           (3) increase paternity establishment and enhance related 
        child support performance indicators; 
           (4) promote responsible fathering; 
           (5) enhance the well-being of children; and 
           (6) encourage and facilitate community support for marriage 
        and family formation among unmarried parents. 
           Subd. 3.  [IMPLEMENTATION.] The target population for the 
        initiative is unmarried new parent couples whose babies are born 
        in urban hospitals in Minneapolis and St. Paul.  The initiative 
        must not include couples with a history of domestic violence.  
        In cases involving alcohol or substance abuse by either 
        participant, the initiative must include the provision of 
        resources and services to remedy those issues.  The initiative 
        may be implemented through the University of Minnesota and 
        community-based programs and organizations.  The commissioner 
        shall:  
           (1) enter into contracts or manage a grant process for 
        implementation of the initiative; 
           (2) provide technical assistance; and 
           (3) develop and implement an evaluation component for the 
        initiative. 
           Sec. 2.  [517.001] [DEFINITION.] 
           As used in this chapter, "local registrar" has the meaning 
        given in section 144.212, subdivision 10. 
           Sec. 3.  Minnesota Statutes 2002, section 517.07, is 
        amended to read: 
           517.07 [LICENSE.] 
           Before any persons are joined in marriage, a license shall 
        be obtained from the court administrator of the district court 
        local registrar of any county.  The marriage need not take place 
        in the county where the license is obtained. 
           Sec. 4.  Minnesota Statutes 2003 Supplement, section 
        517.08, subdivision 1b, is amended to read: 
           Subd. 1b.  [TERM OF LICENSE; FEE; PREMARITAL EDUCATION.] 
        (a) The court administrator 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 court administrator 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 
        district court 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 court administrator 
        local registrar shall collect from the applicant a fee of 
        $80 $85 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 court 
        administrator 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 court administrator 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 $20.  In order to 
        qualify for the reduced fee, the parties must submit 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 court administrator local registrar shall grant the 
        marriage license without the requested name change.  
        Alternatively, the court administrator 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. 5.  Minnesota Statutes 2003 Supplement, 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), $15 must be retained by the county.  The court 
        administrator local registrar must pay $65 $70 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; and 
           (4) $10 in the special revenue fund to be appropriated to 
        the commissioner of economic security for the displaced 
        homemaker program under section 268.96; and 
           (5) $5 in the special revenue fund to be appropriated to 
        the commissioner of human services for the Minnesota Healthy 
        Marriage and Responsible Fatherhood Initiative under section 
        256.742. 
           (b) Of the $20 fee under subdivision 1b, paragraph (b), $15 
        must be retained by the county.  The state court administrator 
        local registrar must pay $5 to the commissioner of finance to be 
        distributed as provided in paragraph (a), clauses (2) and (3). 
           (c) The increase in the marriage license fee under 
        paragraph (a) provided for in this act 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. 6.  Minnesota Statutes 2002, section 517.08, is 
        amended by adding a subdivision to read: 
           Subd. 4.  [REPORT.] The local registrar of each county 
        shall annually report to the Department of Health the number of 
        marriage licenses issued in the county for which the fee in 
        subdivision 1b, paragraph (a), was paid and the number for which 
        the fee in subdivision 1b, paragraph (b), was paid. 
           Sec. 7.  Minnesota Statutes 2002, section 517.10, is 
        amended to read: 
           517.10 [CERTIFICATE; WITNESSES.] 
           The person solemnizing a marriage shall prepare and sign 
        three certificates thereof.  Each certificate shall 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.  Each 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 shall give each of the parties one such certificate, 
        and shall immediately make a record of such marriage, and file 
        one such certificate with the court administrator local 
        registrar of the district court of the county in which the 
        license was issued within five days after the ceremony.  
        The court administrator local registrar shall record such 
        certificate in a book kept for that purpose. 
           Sec. 8.  Minnesota Statutes 2002, section 517.13, is 
        amended to read: 
           517.13 [PENALTY FOR FAILURE TO DELIVER AND FILE 
        CERTIFICATE.] 
           Every person solemnizing a marriage who neglects to deliver 
        to the court administrator local registrar a certificate within 
        the time set forth in section 517.10 shall forfeit a sum not 
        exceeding $100, and every court administrator local registrar 
        who neglects to record a certificate shall forfeit a like sum. 
           Sec. 9.  Minnesota Statutes 2002, section 517.18, 
        subdivision 1, is amended to read: 
           Subdivision 1.  All marriages solemnized among the people 
        called Friends or Quakers, in the form heretofore practiced and 
        in use in their meetings, shall be valid and not affected by any 
        of the foregoing provisions.  The clerk of the meeting in which 
        such marriage is solemnized, within one month after any such 
        marriage, shall deliver a certificate of the same to the court 
        administrator of the district court local registrar of the 
        county where the marriage took place, under penalty of not more 
        than $100.  Such certificate shall be filed and recorded by the 
        court administrator under a like penalty.  If such marriage does 
        not take place in such meeting, such certificate shall be signed 
        by the parties and at least six witnesses present, and shall be 
        filed and recorded as above provided under a like penalty. 
           Sec. 10.  Minnesota Statutes 2002, section 518.091, is 
        amended to read: 
           518.091 [SUMMONS; TEMPORARY RESTRAINING PROVISIONS; NOTICE 
        REGARDING PARENT EDUCATION PROGRAM REQUIREMENTS.] 
           Subdivision 1.  [TEMPORARY RESTRAINING ORDERS.] (a) Every 
        summons must include the notice in this paragraph subdivision. 
            NOTICE OF TEMPORARY RESTRAINING AND ALTERNATIVE DISPUTE 
                             RESOLUTION PROVISIONS 
           UNDER MINNESOTA LAW, SERVICE OF THIS SUMMONS MAKES THE 
        FOLLOWING REQUIREMENTS APPLY TO BOTH PARTIES TO THIS ACTION, 
        UNLESS THEY ARE MODIFIED BY THE COURT OR THE PROCEEDING IS 
        DISMISSED: 
           (1) NEITHER PARTY MAY DISPOSE OF ANY ASSETS EXCEPT (i) FOR 
        THE NECESSITIES OF LIFE OR FOR THE NECESSARY GENERATION OF 
        INCOME OR PRESERVATION OF ASSETS, (ii) BY AN AGREEMENT IN 
        WRITING, OR (iii) FOR RETAINING COUNSEL TO CARRY ON OR TO 
        CONTEST THIS PROCEEDING; 
           (2) NEITHER PARTY MAY HARASS THE OTHER PARTY; AND 
           (3) ALL CURRENTLY AVAILABLE INSURANCE COVERAGE MUST BE 
        MAINTAINED AND CONTINUED WITHOUT CHANGE IN COVERAGE OR 
        BENEFICIARY DESIGNATION. 
           IF YOU VIOLATE ANY OF THESE PROVISIONS, YOU WILL BE SUBJECT 
        TO SANCTIONS BY THE COURT.  
           (4) PARTIES TO A MARRIAGE DISSOLUTION PROCEEDING ARE 
        ENCOURAGED TO ATTEMPT ALTERNATIVE DISPUTE RESOLUTION PURSUANT TO 
        MINNESOTA LAW.  ALTERNATIVE DISPUTE RESOLUTION INCLUDES 
        MEDIATION, ARBITRATION, AND OTHER PROCESSES AS SET FORTH IN THE 
        DISTRICT COURT RULES.  YOU MAY CONTACT THE COURT ADMINISTRATOR 
        ABOUT RESOURCES IN YOUR AREA.  IF YOU CANNOT PAY FOR MEDIATION 
        OR ALTERNATIVE DISPUTE RESOLUTION, IN SOME COUNTIES, ASSISTANCE 
        MAY BE AVAILABLE TO YOU THROUGH A NONPROFIT PROVIDER OR A COURT 
        PROGRAM.  IF YOU ARE A VICTIM OF DOMESTIC ABUSE OR THREATS OF 
        ABUSE AS DEFINED IN MINNESOTA STATUTES, CHAPTER 518B, YOU ARE 
        NOT REQUIRED TO TRY MEDIATION AND YOU WILL NOT BE PENALIZED BY 
        THE COURT IN LATER PROCEEDINGS.  
           (b) Upon service of the summons, the restraining provisions 
        contained in the notice apply by operation of law upon both 
        parties until modified by further order of the court or 
        dismissal of the proceeding, unless more than one year has 
        passed since the last document was filed with the court. 
           Subd. 2.  [PARENT EDUCATION PROGRAM REQUIREMENTS.] Every 
        summons involving custody or parenting time of a minor child 
        must include the notice in this subdivision.  
               NOTICE OF PARENT EDUCATION PROGRAM REQUIREMENTS
           UNDER MINNESOTA STATUTES, SECTION 518.157, IN A CONTESTED 
        PROCEEDING INVOLVING CUSTODY OR PARENTING TIME OF A MINOR CHILD, 
        THE PARTIES MUST BEGIN PARTICIPATION IN A PARENT EDUCATION 
        PROGRAM THAT MEETS MINIMUM STANDARDS PROMULGATED BY THE 
        MINNESOTA SUPREME COURT WITHIN 30 DAYS AFTER THE FIRST FILING 
        WITH THE COURT.  IN SOME DISTRICTS, PARENTING EDUCATION MAY BE 
        REQUIRED IN ALL CUSTODY OR PARENTING PROCEEDINGS.  YOU MAY 
        CONTACT THE DISTRICT COURT ADMINISTRATOR FOR ADDITIONAL 
        INFORMATION REGARDING THIS REQUIREMENT AND THE AVAILABILITY OF 
        PARENT EDUCATION PROGRAMS. 
           Sec. 11.  Minnesota Statutes 2002, section 518.157, 
        subdivision 3, is amended to read: 
           Subd. 3.  [ATTENDANCE.] In a proceeding under this chapter 
        or sections 257.51 to 257.75 where custody or parenting time is 
        contested, the parents of a minor child shall attend a minimum 
        of eight hours in an orientation and education program that 
        meets the minimum standards promulgated by the Minnesota Supreme 
        Court.  In all other proceedings involving custody, support, or 
        parenting time the court may order the parents of a minor child 
        to attend a parent education program.  The program shall provide 
        the court with names of persons who fail to attend the parent 
        education program as ordered by the court.  Persons who are 
        separated or contemplating involvement in a dissolution, 
        paternity, custody, or parenting time proceeding may attend a 
        parent education program without a court order.  Unless 
        otherwise ordered by the court, participation in a parent 
        education program must occur as early as possible begin within 
        30 days after the first filing with the court or as soon as 
        practicable after that time based on the reasonable availability 
        of classes for the program for the parent.  Parent education 
        programs must offer an opportunity to participate at all phases 
        of a pending or postdecree proceeding.  Upon request of a party 
        and a showing of good cause, the court may excuse the party from 
        attending the program.  If past or present domestic abuse, as 
        defined in chapter 518B, is alleged, the court shall not require 
        the parties to attend the same parent education sessions and 
        shall enter an order setting forth the manner in which the 
        parties may safely participate in the program. 
           Sec. 12.  [APPROPRIATION.] 
           $100,000 is appropriated in fiscal year 2005 from the 
        general fund to the commissioner of human services for the 
        Minnesota Healthy Marriage and Responsible Fatherhood Initiative 
        under Minnesota Statutes, section 517.08, subdivision 1c, 
        paragraph (a), clause (5).  The first $100,000 collected under 
        Minnesota Statutes, section 517.08, subdivision 1c, paragraph 
        (a), clause (5), must be deposited in the general fund. 
           Sec. 13.  [EFFECTIVE DATE.] 
           This act is effective July 1, 2004. 
           Presented to the governor May 18, 2004 
           Signed by the governor May 29, 2004, 9:45 a.m.