Minnesota Session Laws - 2021, Regular Session

CHAPTER 1--S.F.No. 26

An act

relating to family law; extending the waiver of the in-person requirement for marriage applications;

amending Laws 2020, chapter 74, article 1, section 18.

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

Section 1.

Laws 2020, chapter 74, article 1, section 18, is amended to read:

Sec. 18.

PUBLIC HEALTH EMERGENCY; MARRIAGE LICENSE APPLICATION AND OATH WITHOUT APPEARANCE.

(a) For purposes of this section, "peacetime public health emergency" means any peacetime emergency declared by the governor in an executive order that relates to the infectious disease known as COVID-19.

(b) During the effective period of a peacetime public health emergency, each local registrar may develop and implement procedures to examine the parties upon oath and accept civil marriage license applications, signed by both parties, by mail, facsimile, or electronic filing. Examination of the parties upon oath under this section may include contemporaneous video or audio transmission or receipt of a verified statement signed by both parties attesting to the legality of the marriage.

(c) Procedures developed and implemented under this section must be consistent with Minnesota Statutes, section 517.08, subdivision 1b, except that the requirement that at least one party appear in person does not apply. The use of electronic signatures shall be consistent with the requirements of Minnesota Statutes, chapter 325L.

(d) This section expires on deleted text begin January 15 deleted text end new text begin May 31 new text end , 2021.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from January 1, 2021. new text end

Presented to the governor January 29, 2021

Signed by the governor January 29, 2021, 6:14 p.m.