Minnesota Session Laws - 2016, Regular Session

CHAPTER 137--H.F.No. 2294

An act

relating to marriage; eliminating waiting period for issuance of a marriage license;

amending Minnesota Statutes 2015 Supplement, section 517.08, subdivision 1b.

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

Section 1.

Minnesota Statutes 2015 Supplement, 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 parties applying for a license relative to the legality of the contemplated civil marriage. If one party is unable to appear in person, the party appearing may complete the absent applicant's information. The local registrar shall provide a copy of the civil marriage application to the party who is unable to appear, who must verify the accuracy of the appearing party's information in a notarized statement. The civil marriage license must not be released until the verification statement has been received by the local registrar. If deleted text begin at the expiration of a five-day period, on being deleted text end new text begin the local registrar is new text end 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 the civil 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. Except as provided in paragraph deleted text begin (c) deleted text end new text begin (b) new text end , the local registrar shall collect from the applicant a fee of $115 for administering the oath, issuing, recording, and filing all papers required, and preparing and transmitting to the state registrar of vital records the reports of civil 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 civil 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.

deleted text begin (b) 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 expiration of the five-day period required under paragraph (a). A waiver of the five-day waiting period must be in the following form: deleted text end

deleted text begin STATE OF MINNESOTA, COUNTY OF .................... (insert county name) deleted text end

deleted text begin APPLICATION FOR WAIVER OF CIVIL MARRIAGE LICENSE WAITING PERIOD: deleted text end

deleted text begin ................................................................................. (legal names of the applicants) deleted text end

deleted text begin Represent and state as follows: deleted text end

deleted text begin That on ......................... (date of application) the applicants applied to the local registrar of the above-named county for a license to marry. deleted text end

deleted text begin That it is necessary that the license be issued before the expiration of five days from the date of the application by reason of the following: (insert reason for requesting waiver of waiting period) deleted text end

deleted text begin ............................................................................................................. deleted text end

deleted text begin ............................................................................................................. deleted text end

deleted text begin ............................................................................................................. deleted text end

deleted text begin WHEREAS, the applicants request that the judge waive the required five-day waiting period and the local registrar be authorized and directed to issue the civil marriage license immediately. deleted text end

deleted text begin Date: ............................. deleted text end

deleted text begin ....................................................................................... deleted text end

deleted text begin ....................................................................................... deleted text end

deleted text begin (Signatures of applicants) deleted text end

deleted text begin Acknowledged before me on this ....... day of .................... . deleted text end

deleted text begin .......................................... deleted text end

deleted text begin NOTARY PUBLIC deleted text end

deleted text begin COURT ORDER AND AUTHORIZATION: deleted text end

deleted text begin STATE OF MINNESOTA, COUNTY OF .................... (insert county name) deleted text end

deleted text begin After reviewing the above application, I am satisfied that an emergency or extraordinary circumstance exists that justifies the issuance of the civil marriage license before the expiration of five days from the date of the application. IT IS HEREBY ORDERED that the local registrar is authorized and directed to issue the license forthwith. deleted text end

deleted text begin ..................................................... deleted text end

deleted text begin ................................ (judge of district court) deleted text end

deleted text begin ................................ (date). deleted text end

deleted text begin (c) deleted text end new text begin (b) new text end The civil marriage license fee for parties who have completed at least 12 hours of premarital education is $40. In order to qualify for the reduced license fee, the parties must submit at the time of applying for the civil marriage license a statement that is signed, dated, and notarized or marked with a church seal from the person who provided the premarital education on their letterhead 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 civil 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.

deleted text begin (d) deleted text end new text begin (c) new text end The statement from the person who provided the premarital education under paragraph deleted text begin (c) deleted text end new text begin (b) new text end 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 civil 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 civil marriage license application. Notwithstanding section 138.17, the educator's statement must be retained for seven years, after which time it may be destroyed.

(e) If section 259.13 applies to the request for a civil marriage license, the local registrar shall grant the civil marriage license without the requested name change. Alternatively, the local registrar may delay the granting of the civil 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 civil 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.

Presented to the governor May 19, 2016

Signed by the governor May 22, 2016, 4:40 p.m.