HF 999

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:43am

A bill for an act
relating to civil law; providing for civil union relationships; substituting
civil union contracts for marriage for purposes of Minnesota law; amending
Minnesota Statutes 2008, sections 363A.27; 517.01; 517.02; 517.03; 517.07;
517.08; 517.10; 517.101; 517.20; proposing coding for new law in Minnesota
Statutes, chapter 517; repealing Minnesota Statutes 2008, sections 517.04;
517.041; 517.05; 517.06; 517.09; 517.13; 517.14; 517.15; 517.16; 517.18.

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

Section 1.

Minnesota Statutes 2008, section 363A.27, is amended to read:

363A.27 CONSTRUCTION OF LAW.

Nothing in this chapter shall be construed to:

(1) mean the state of Minnesota condones homosexuality or bisexuality or any
equivalent lifestyle;

(2) authorize or permit the promotion of homosexuality or bisexuality in education
institutions or require the teaching in education institutions of homosexuality or
bisexuality as an acceptable lifestyle; new text begin or
new text end

(3) authorize or permit the use of numerical goals or quotas, or other types
of affirmative action programs, with respect to homosexuality or bisexuality in the
administration or enforcement of the provisions of this chapter deleted text begin ; or deleted text end new text begin .
new text end

deleted text begin (4) authorize the recognition of or the right of marriage between persons of the
same sex.
deleted text end

Sec. 2.

Minnesota Statutes 2008, section 517.01, is amended to read:

517.01 deleted text begin MARRIAGE A deleted text end CIVIL new text begin UNION new text end CONTRACT.

deleted text begin Marriage deleted text end new text begin A civil union new text end , so far as its validity in law is concerned, is a civil contract
between deleted text begin a man and a woman deleted text end new text begin two parties, recognized by the state of Minnesota new text end , to which
the consent of the parties, capable in law of contracting, is essential. deleted text begin Lawful marriage
may be contracted only between persons of the opposite sex and only deleted text end new text begin A civil union
contract is only valid new text end when a license has been obtained as provided by law and when the
deleted text begin marriage deleted text end new text begin civil union new text end is contracted in the presence of two witnesses deleted text begin and solemnized by one
authorized, or whom one or both of the parties in good faith believe to be authorized, so to
do. Marriages subsequent to April 26, 1941, not so contracted shall be null and void deleted text end .

Sec. 3.

Minnesota Statutes 2008, section 517.02, is amended to read:

517.02 PERSONS CAPABLE OF CONTRACTING.

Every person who has attained the full age of 18 years is capable in law of
contracting deleted text begin marriage deleted text end new text begin a civil union new text end , if otherwise competent. A person of the full age of 16
years may, with the consent of the person's parents, guardian, or the court, as provided in
section 517.08, receive a new text begin civil union new text end license deleted text begin to marry deleted text end , when, after a careful inquiry into the
facts and the surrounding circumstances, the person's application for a license is approved
by the judge of the juvenile court of the county in which the person resides. If the judge
of juvenile court of the county in which the person resides is absent from the county and
has not by order assigned another judge or a retired judge to act in the judge's stead, then
the court commissioner or any judge of district court of the county may approve the
application for a license.

Sec. 4.

Minnesota Statutes 2008, section 517.03, is amended to read:

517.03 PROHIBITED MARRIAGES new text begin AND CIVIL UNION CONTRACTS new text end .

Subdivision 1.

General.

(a) The following marriages new text begin and civil union contracts new text end
are prohibited:

(1) a marriage new text begin or civil union contract new text end entered into before the dissolution of an earlier
marriage new text begin or civil union contract new text end of one of the parties becomes final, as provided in section
518.145 or by the law of the jurisdiction where the dissolution was granted;

(2) a marriage new text begin or civil union contract new text end between an ancestor and a descendant, or
between a brother and a sister, whether the relationship is by the half or the whole blood
or by adoption; new text begin and
new text end

(3) a marriage new text begin or civil union contract new text end between an uncle and a niece, between an aunt
and a nephew, or between first cousins, whether the relationship is by the half or the
whole blood, except as to marriages permitted by the established customs of aboriginal
cultures deleted text begin ; and deleted text end new text begin .
new text end

deleted text begin (4) a marriage between persons of the same sex.
deleted text end

deleted text begin (b) A marriage entered into by persons of the same sex, either under common law or
statute, that is recognized by another state or foreign jurisdiction is void in this state and
contractual rights granted by virtue of the marriage or its termination are unenforceable in
this state.
deleted text end

Subd. 2.

Developmentally disabled persons; consent by commissioner of
human services.

Developmentally disabled persons committed to the guardianship of
the commissioner of human services and developmentally disabled persons committed
to the conservatorship of the commissioner of human services in which the terms of the
conservatorship limit the right to marry new text begin or enter a civil union contract new text end , may deleted text begin marry deleted text end new text begin enter a
civil union contract new text end on receipt of written consent of the commissioner. The commissioner
shall grant consent unless it appears from the commissioner's investigation that the
deleted text begin marriage deleted text end new text begin civil union contract new text end is not in the best interest of the ward or conservatee and the
public. The court administrator of the district court in the county where the application for
a license is made by the ward or conservatee shall not issue the license unless the court
administrator has received a signed copy of the consent of the commissioner of human
services.

Sec. 5.

Minnesota Statutes 2008, section 517.07, is amended to read:

517.07 LICENSE.

Before any persons are joined in deleted text begin marriage deleted text end new text begin a civil union contract new text end , a license shall be
obtained from the local registrar of any county. The deleted text begin marriage deleted text end new text begin civil union contract new text end need not
deleted text begin take place deleted text end new text begin be formally entered new text end in the county where the license is obtained.

Sec. 6.

Minnesota Statutes 2008, section 517.08, is amended to read:

517.08 APPLICATION FOR LICENSE.

Subd. 1a.

Form.

Application for a deleted text begin marriage deleted text end new text begin civil union contract new text end license shall be
made 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 marriage was dissolved or annulled or the date and
place of death of the former spouse;

new text begin (5) if either party has previously been a party to a civil union contract, the date of
the civil union contract, and the place and court in which the civil union contract was
dissolved;
new text end

deleted text begin (5) deleted text end new text begin (6) new text end if either party is a minor, the name and address of the minor's parents or
guardian;

deleted text begin (6) deleted text end new text begin (7) new text end whether the parties are related to each other, and, if so, their relationship;

deleted text begin (7) deleted text end new text begin (8) new text end the name and date of birth of any child of which both parties are parents, born
before the making of the application, unless their parental rights and the parent and child
relationship with respect to the child have been terminated;

deleted text begin (8) deleted text end new text begin (9) new text end address of the deleted text begin bride and groom deleted text end new text begin parties new text end after the deleted text begin marriage deleted text end new text begin civil union contract
is entered new text end to which the court administrator shall send a certified copy of the deleted text begin marriage
certificate deleted text end new text begin civil union contract new text end ;

deleted text begin (9) deleted text end new text begin (10) new text end the full names the parties will have after deleted text begin marriage deleted text end new text begin the civil union contract
is entered new text end and the parties' Social Security numbers. The Social Security numbers must
be collected for the application but must not appear on the deleted text begin marriage license deleted text end new text begin civil union
contract new text end ;

deleted text begin (10) deleted text end new text begin (11) new text end if one or both of the new text begin individual new text end parties deleted text begin to the marriage license deleted text end 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 (11) deleted text end new text begin (12) 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 surname after marriage
except as authorized by section 259.13, and that doing so is a gross misdemeanor.

Subd. 1b.

Term of license; fee deleted text begin ; premarital education deleted text end .

(a) The local registrar
shall examine upon oath the party applying for a license relative to the legality of the
contemplated deleted text begin marriage deleted text end new text begin civil union contract new text end . 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 local registrar shall issue the license, containing the full names of the
parties before and after deleted text begin marriage deleted text end new text begin the civil union contract is entered new text end , 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. 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 local registrar shall collect from the
applicant a fee of $110 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 deleted text begin marriage deleted text end new text begin a civil union contract new text end 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 deleted text begin marriage deleted text end 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 deleted text begin marriage deleted text end new text begin civil union contract new text end 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 deleted text begin marriage deleted text end license 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 deleted text begin , a person authorized to solemnize marriages under
section 517.18, deleted text end 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 deleted text begin , a person authorized to solemnize marriages under Minnesota Statutes, section
517.18, deleted text end 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 deleted text begin marriage deleted text end new text begin civil union contract new text end 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 deleted text begin marriage deleted text end new text begin civil union contract new text end license,
the local registrar shall grant the deleted text begin marriage deleted text end license without the requested name change.
Alternatively, the local registrar may delay the granting of the deleted text begin marriage deleted text end new text begin civil union
contract new text end 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
deleted text begin marriage deleted text end 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.

Subd. 1c.

Disposition of license fee.

(a) Of the deleted text begin marriage deleted text end new text begin civil union contract new text end license
fee collected pursuant to subdivision 1b, paragraph (a), $25 must be retained by the county.
The local registrar must pay $85 to the commissioner of finance to be deposited as follows:

(1) $50 in the general fund;

(2) $3 in the state government special revenue fund to be appropriated to the
commissioner of public safety 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;

(4) $25 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

(5) $5 in the special revenue fund is appropriated to the commissioner of human
services for the Minnesota Healthy Marriage and Responsible Fatherhood Initiative under
section 256.742.

(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 finance 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.

(c) The increase in the deleted text begin marriage deleted text end license fee under paragraph (a) provided for in Laws
2004, chapter 273, 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.

Subd. 4.

Report.

The local registrar of each county shall annually report to the
Department of Health the number of deleted text begin marriage deleted text end 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 2008, section 517.10, is amended to read:

517.10 CERTIFICATE; WITNESSES.

The deleted text begin person solemnizing a marriage deleted text end new text begin local registrar of each county new text end shall prepare and
sign three certificates deleted text begin thereof deleted text end new text begin of lawful civil union contract new text end . Each certificate shall contain
the full names before and after deleted text begin marriage deleted text end new text begin the civil union contract new text end and county and state of
residences of the parties and the date and place of the deleted text begin marriage deleted text end new text begin civil union contract new text end . Each
certificate shall also contain the signatures of at least two of the witnesses present at the
deleted text begin marriage deleted text end new text begin time the civil union contract was signed, new text end who shall be at least 16 years of age.
The deleted text begin person solemnizing the marriage deleted text end new text begin registrar new text end shall give each of the parties one such
certificate, and shall immediately make a record of such deleted text begin marriage deleted text end new text begin civil union contract new text end , and
file one such certificate deleted text begin with the local registrar of the district court of the county in which
the license was issued deleted text end within five days after the deleted text begin ceremony deleted text end new text begin civil union contract was signed new text end .
The local registrar shall record such certificate in a book kept for that purpose.

Sec. 8.

Minnesota Statutes 2008, section 517.101, is amended to read:

517.101 CERTIFIED COPIES OF deleted text begin MARRIAGE deleted text end CERTIFICATE.

Within ten days of receipt of the certificate and after recording the certificate the
local registrar shall prepare a certified copy of the certificate to be mailed to the deleted text begin married deleted text end
parties. deleted text begin The person solemnizing the marriage shall indicate at the time of filing the
certificate with the local registrar that the person wishes to receive a copy.
deleted text end

Sec. 9.

Minnesota Statutes 2008, section 517.20, is amended to read:

517.20 APPLICATION.

deleted text begin Except as provided in section 517.03, subdivision 1, paragraph (b), deleted text end All marriages
new text begin and civil unions new text end contracted within this state deleted text begin prior to March 1, 1979 deleted text end or outside this state
that were valid at the time of the contract or subsequently validated by the laws of the
place in which they were contracted or by the domicile of the parties are valid in this state.

Sec. 10.

new text begin [517.22] MARRIAGE BY RELIGIOUS INSTITUTION NOT
PROHIBITED.
new text end

new text begin (a) Nothing in this chapter prohibits a religious institution or cultural group from
performing a ceremony of marriage, according to any applicable rules or customs of the
institution or group. A licensed or ordained minister may be a witness to the signing of a
civil union contract as required by section 517.10.
new text end

new text begin (b) Notwithstanding a marriage ceremony performed by a religious institution or
cultural group, the parties to that ceremony are not entitled to the rights, benefits, or
privileges of Minnesota law resulting from a civil union contract until such civil union
contract is lawfully signed and entered as provided in this chapter.
new text end

Sec. 11.

new text begin [517.23] MEANING OF CIVIL UNION CONTRACT.
new text end

new text begin Wherever the term "marriage," "marital," "marry," or "married" is used in Minnesota
statute in reference to the rights, obligations, or privileges of a couple under law, the term
shall include a civil union contract, or parties to a civil union contract, as established by
this chapter. A term subject to this definition must also be interpreted in reference to the
context in which it appears, but may not be interpreted to limit or exclude any parties who
have entered a valid civil union contract under this chapter.
new text end

Sec. 12. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2008, sections 517.04; 517.041; 517.05; 517.06; 517.09; 517.13;
517.14; 517.15; 517.16; and 517.18, new text end new text begin are repealed.
new text end

Sec. 13. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 11 are effective August 1, 2009, and apply to civil union contracts
applied for on or after that date. After August 1, 2009, the local registrar of each county
is prohibited from accepting or processing an application for marriage license that is
inconsistent with the requirements of this act.
new text end