1.1 	A bill for an act
1.2 	relating to marriage fees; eliminating surcharges on the marriage dissolution 
1.3 	filing fee and marriage license fee for the displaced homemaker program; 
1.4 	appropriating money; amending Minnesota Statutes 2006, sections 357.021, 
1.5 	subdivisions 1a, 2; 517.08, subdivisions 1b, 1c.
1.6 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.7 	Section 1. Minnesota Statutes 2006, section 357.021, subdivision 1a, is amended to 
1.8 	read:
1.9 		Subd. 1a.Transmittal of fees to commissioner of finance. (a) Every person, 
1.10 	including the state of Minnesota and all bodies politic and corporate, who shall transact 
1.11 	any business in the district court, shall pay to the court administrator of said court the 
1.12 	sundry fees prescribed in subdivision 2. Except as provided in paragraph (d), the court 
1.13 	administrator shall transmit the fees monthly to the commissioner of finance for deposit in 
1.14 	the state treasury and credit to the general fund. $30 of each fee collected in a dissolution 
1.15 	action under subdivision 2, clause (1), must be deposited by the commissioner of finance 
1.16 	in the special revenue fund and is appropriated to the commissioner of employment and 
1.17 	economic development for the displaced homemaker program under section 116L.96.
1.18 	(b) In a county which has a screener-collector position, fees paid by a county 
1.19 	pursuant to this subdivision shall be transmitted monthly to the county treasurer, who 
1.20 	shall apply the fees first to reimburse the county for the amount of the salary paid for the 
1.21 	screener-collector position. The balance of the fees collected shall then be forwarded to 
1.22 	the commissioner of finance for deposit in the state treasury and credited to the general 
1.23 	fund. In a county in a judicial district under section 480.181, subdivision 1, paragraph 
1.24 	(b), which has a screener-collector position, the fees paid by a county shall be transmitted 
1.25 	monthly to the commissioner of finance for deposit in the state treasury and credited to the 
2.1 	general fund. A screener-collector position for purposes of this paragraph is an employee 
2.2 	whose function is to increase the collection of fines and to review the incomes of potential 
2.3 	clients of the public defender, in order to verify eligibility for that service.
2.4 	(c) No fee is required under this section from the public authority or the party the 
2.5 	public authority represents in an action for:
2.6 	(1) child support enforcement or modification, medical assistance enforcement, or 
2.7 	establishment of parentage in the district court, or in a proceeding under section 484.702;
2.8 	(2) civil commitment under chapter 253B;
2.9 	(3) the appointment of a public conservator or public guardian or any other action 
2.10 	under chapters 252A and 525;
2.11 	(4) wrongfully obtaining public assistance under section 256.98 or 256D.07, or 
2.12 	recovery of overpayments of public assistance;
2.13 	(5) court relief under  chapters 260, 260A, 260B, and 260C;
2.14 	(6) forfeiture of property under sections 169A.63 and 609.531 to 609.5317;
2.15 	(7) recovery of amounts issued by political subdivisions or public institutions under 
2.16 	sections 246.52, 252.27, 256.045, 256.25, 256.87, 256B.042, 256B.14, 256B.15, 256B.37, 
2.17 	260B.331, and 260C.331, or other sections referring to other forms of public assistance;
2.18 	(8) restitution under section 611A.04; or
2.19 	(9) actions seeking monetary relief in favor of the state pursuant to section 16D.14, 
2.20 	subdivision 5.
2.21 	(d) $20 from each fee collected for child support modifications under subdivision 2, 
2.22 	clause (13), must be transmitted to the county treasurer for deposit in the county general 
2.23 	fund and $35 from each fee shall be credited to the state general fund. The fees must be 
2.24 	used by the county to pay for child support enforcement efforts by county attorneys.

2.25 	Sec. 2. Minnesota Statutes 2006, section 357.021, subdivision 2, is amended to read:
2.26 		Subd. 2.Fee amounts. The fees to be charged and collected by the court 
2.27 	administrator shall be as follows:
2.28 	(1) In every civil action or proceeding in said court, including any case arising 
2.29 	under the tax laws of the state that could be transferred or appealed to the Tax Court, the 
2.30 	plaintiff, petitioner, or other moving party shall pay, when the first paper is filed for that 
2.31 	party in said action, a fee of $240, except in marriage dissolution actions the fee is $270.
2.32 	The defendant or other adverse or intervening party, or any one or more of several 
2.33 	defendants or other adverse or intervening parties appearing separately from the others, 
2.34 	shall pay, when the first paper is filed for that party in said action, a fee of $240, except in 
2.35 	marriage dissolution actions the fee is $270.
3.1 	The party requesting a trial by jury shall pay $75.
3.2 	The fees above stated shall be the full trial fee chargeable to said parties irrespective 
3.3 	of whether trial be to the court alone, to the court and jury, or disposed of without trial, 
3.4 	and shall include the entry of judgment in the action, but does not include copies or 
3.5 	certified copies of any papers so filed or proceedings under chapter 103E, except the 
3.6 	provisions therein as to appeals.
3.7 	(2) Certified copy of any instrument from a civil or criminal proceeding, $10, and $5 
3.8 	for an uncertified copy.
3.9 	(3) Issuing a subpoena, $12 for each name.
3.10 	(4) Filing a motion or response to a motion in civil, family, excluding child support, 
3.11 	and guardianship cases, $55.
3.12 	(5) Issuing an execution and filing the return thereof; issuing a writ of attachment, 
3.13 	injunction, habeas corpus, mandamus, quo warranto, certiorari, or other writs not 
3.14 	specifically mentioned, $40.
3.15 	(6) Issuing a transcript of judgment, or for filing and docketing a transcript of 
3.16 	judgment from another court, $30.
3.17 	(7) Filing and entering a satisfaction of judgment, partial satisfaction, or assignment 
3.18 	of judgment, $5.
3.19 	(8) Certificate as to existence or nonexistence of judgments docketed, $5 for each 
3.20 	name certified to.
3.21 	(9) Filing and indexing trade name; or recording basic science certificate; 
3.22 	or recording certificate of physicians, osteopaths, chiropractors, veterinarians, or 
3.23 	optometrists, $5.
3.24 	(10) For the filing of each partial, final, or annual account in all trusteeships, $40.
3.25 	(11) For the deposit of a will, $20.
3.26 	(12) For recording notary commission, $100, of which, notwithstanding subdivision 
3.27 	1a, paragraph (b), $80 must be forwarded to the commissioner of finance to be deposited 
3.28 	in the state treasury and credited to the general fund.
3.29 	(13) Filing a motion or response to a motion for modification of child support, a 
3.30 	fee of $55.
3.31 	(14) All other services required by law for which no fee is provided, such fee 
3.32 	as compares favorably with those herein provided, or such as may be fixed by rule or 
3.33 	order of the court.
3.34 	(15) In addition to any other filing fees under this chapter, a surcharge in the 
3.35 	amount of $75 must be assessed in accordance with section 259.52, subdivision 14, for 
4.1 	each adoption petition filed in district court to fund the fathers' adoption registry under 
4.2 	section 259.52.
4.3 	The fees in clauses (3) and (5) need not be paid by a public authority or the party 
4.4 	the public authority represents.

4.5 	Sec. 3. Minnesota Statutes 2006, section 517.08, subdivision 1b, is amended to read:
4.6 		Subd. 1b.Term of license; fee; premarital education. (a) The local registrar 
4.7 	shall examine upon oath the party applying for a license relative to the legality of the 
4.8 	contemplated marriage. If at the expiration of a five-day period, on being satisfied that 
4.9 	there is no legal impediment to it, including the restriction contained in section 259.13, the 
4.10 	local registrar shall issue the license, containing the full names of the parties before and 
4.11 	after marriage, and county and state of residence, with the county seal attached, and make a 
4.12 	record of the date of issuance. The license shall be valid for a period of six months. In case 
4.13 	of emergency or extraordinary circumstances, a judge of the district court of the county in 
4.14 	which the application is made, may authorize the license to be issued at any time before 
4.15 	the expiration of the five days. Except as provided in paragraph (b), the local registrar shall 
4.16 	collect from the applicant a fee of $100$85 for administering the oath, issuing, recording, 
4.17 	and filing all papers required, and preparing and transmitting to the state registrar of vital 
4.18 	statistics the reports of marriage required by this section. If the license should not be used 
4.19 	within the period of six months due to illness or other extenuating circumstances, it may 
4.20 	be surrendered to the local registrar for cancellation, and in that case a new license shall 
4.21 	issue upon request of the parties of the original license without fee. A local registrar who 
4.22 	knowingly issues or signs a marriage license in any manner other than as provided in this 
4.23 	section shall pay to the parties aggrieved an amount not to exceed $1,000.
4.24 	(b) The marriage license fee for parties who have completed at least 12 hours of 
4.25 	premarital education is $30 $20. In order to qualify for the reduced fee, the parties 
4.26 	must submit a signed and dated statement from the person who provided the premarital 
4.27 	education confirming that it was received. The premarital education must be provided by a 
4.28 	licensed or ordained minister or the minister's designee, a person authorized to solemnize 
4.29 	marriages under section 517.18, or a person authorized to practice marriage and family 
4.30 	therapy under section 148B.33. The education must include the use of a premarital 
4.31 	inventory and the teaching of communication and conflict management skills.
4.32 	(c) The statement from the person who provided the premarital education under 
4.33 	paragraph (b) must be in the following form:
4.34 	"I, (name of educator), confirm that (names of both parties) received at least 12 
4.35 	hours of premarital education that included the use of a premarital inventory and the 
5.1 	teaching of communication and conflict management skills. I am a licensed or ordained 
5.2 	minister, a person authorized to solemnize marriages under Minnesota Statutes, section 
5.3 	517.18, or a person licensed to practice marriage and family therapy under Minnesota 
5.4 	Statutes, section 148B.33."
5.5 	The names of the parties in the educator's statement must be identical to the legal 
5.6 	names of the parties as they appear in the marriage license application. Notwithstanding 
5.7 	section 138.17, the educator's statement must be retained for seven years, after which 
5.8 	time it may be destroyed.
5.9 	(d) If section 259.13 applies to the request for a marriage license, the local registrar 
5.10 	shall grant the marriage license without the requested name change. Alternatively, the local 
5.11 	registrar may delay the granting of the marriage license until the party with the conviction:
5.12 	(1) certifies under oath that 30 days have passed since service of the notice for a 
5.13 	name change upon the prosecuting authority and, if applicable, the attorney general and no 
5.14 	objection has been filed under section 259.13; or
5.15 	(2) provides a certified copy of the court order granting it. The parties seeking the 
5.16 	marriage license shall have the right to choose to have the license granted without the 
5.17 	name change or to delay its granting pending further action on the name change request.

5.18 	Sec. 4. Minnesota Statutes 2006, section 517.08, subdivision 1c, is amended to read:
5.19 		Subd. 1c.Disposition of license fee. (a) Of the marriage license fee collected 
5.20 	pursuant to subdivision 1b, paragraph (a), $15 must be retained by the county. The local 
5.21 	registrar must pay $85$70 to the commissioner of finance to be deposited as follows:
5.22 	(1) $50 in the general fund;
5.23 	(2) $3 in the special revenue fund to be appropriated to the commissioner of 
5.24 	education for parenting time centers under section 119A.37;
5.25 	(3) $2 in the special revenue fund to be appropriated to the commissioner of health 
5.26 	for developing and implementing the MN ENABL program under section 145.9255;
5.27 	(4) $25$10 in the special revenue fund is appropriated to the commissioner of 
5.28 	employment and economic development for the displaced homemaker program under 
5.29 	section 116L.96; and
5.30 	(5) $5 in the special revenue fund is appropriated to the commissioner of human 
5.31 	services for the Minnesota Healthy Marriage and Responsible Fatherhood Initiative under 
5.32 	section 256.742.
5.33 	(b) Of the $30$20 fee under subdivision 1b, paragraph (b), $15 must be retained 
5.34 	by the county. The local registrar must pay $15$5 to the commissioner of finance to 
5.35 	be deposited as follows:
6.1 	(1) $5distributed as provided in paragraph (a), clauses (2) and (3); and
6.2 	(2) $10 in the special revenue fund is appropriated to the commissioner of 
6.3 	employment and economic development for the displaced homemaker program under 
6.4 	section 116L.96.
6.5 	(c) The increase in the marriage license fee under paragraph (a) provided for in Laws 
6.6 	2004, chapter 273, and disbursement of the increase in that fee to the special fund for the 
6.7 	Minnesota Healthy Marriage and Responsible Fatherhood Initiative under paragraph (a), 
6.8 	clause (5), is contingent upon the receipt of federal funding under United States Code, title 
6.9 	42, section 1315, for purposes of the initiative.

6.10 	Sec. 5. APPROPRIATION.
 6.11 	$....... is appropriated from the general fund to the commissioner of employment 
6.12 	and economic development for the displaced homemaker program under Minnesota 
6.13 	Statutes, section 116L.96.