SF 2383

1st Engrossment - 86th Legislature (2009 - 2010) Posted on 03/01/2010 12:41pm

A bill for an act
relating to marriage; establishing a couples on the brink project; removing
a notarization requirement for premarital education statements; redirecting
disposition of a portion of the marriage license fee; appropriating money;
amending Minnesota Statutes 2008, section 517.08, subdivision 1c; Minnesota Statutes 2009 Supplement, section 517.08, subdivision 1b; proposing coding for new law in Minnesota Statutes, chapter 256.

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

Section 1.

new text begin [256.743] MINNESOTA COUPLES ON THE BRINK PROJECT.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin Within the limits of available appropriations, the
commissioner shall develop and implement a Minnesota couples on the brink project, as
provided for in this section. The commissioner may administer the project with federal
grants, state appropriations, and in-kind services received for this purpose.
new text end

new text begin Subd. 2. new text end

new text begin Purpose. new text end

new text begin The purpose of the project is to develop, evaluate, and
disseminate best practices for promoting successful reconciliation between married
persons who are considering or have commenced a marriage dissolution proceeding and
who choose to pursue reconciliation.
new text end

new text begin Subd. 3. new text end

new text begin Implementation. new text end

new text begin The project must be implemented through the University
of Minnesota. The commissioner shall:
new text end

new text begin (1) enter into contracts or manage a grant process for implementation of the project;
and
new text end

new text begin (2) develop and implement an evaluation component for the project.
new text end

Sec. 2.

Minnesota Statutes 2009 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 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
marriage application to the party who is unable to appear, who must verify the accuracy of
the party's information in a notarized statement. The marriage license must not be released
until the verification statement has been received by the local registrar. 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 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 (c), 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 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 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) 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:

STATE OF MINNESOTA, COUNTY OF .................... (insert county name)

APPLICATION FOR WAIVER OF MARRIAGE LICENSE WAITING PERIOD:

................................................................................. (legal names of the applicants)

Represent and state as follows:

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

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)

.............................................................................................................

.............................................................................................................

.............................................................................................................

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 marriage
license immediately.

Date: .............................

.......................................................................................

.......................................................................................

(Signatures of applicants)

Acknowledged before me on this ....... day of .................... .

..........................................

NOTARY PUBLIC

COURT ORDER AND AUTHORIZATION:

STATE OF MINNESOTA, COUNTY OF .................... (insert county name)

After reviewing the above application, I am satisfied that an emergency or
extraordinary circumstance exists that justifies the issuance of the 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.

.....................................................

................................ (judge of district court)

................................ (date).

(c) The 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 marriage license a signed deleted text begin , deleted text end new text begin and new text end dated deleted text begin , and notarized deleted text end
statement 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 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.

(d) 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.

(e) If section 259.13 applies to the request for a marriage license, the local registrar
shall grant the marriage license without the requested name change. Alternatively, the 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. 3.

Minnesota Statutes 2008, 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), $25 must be retained by the county. The local
registrar must pay $85 to the commissioner of management and budget 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 new text begin or the Minnesota couples on the brink project under section 256.743 new text end .

(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 management and budget
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 marriage 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. new text begin The commissioner of human services
shall disburse any balance in the special fund in excess of the amount for which federal
matching funds are available for the initiative under section 256.742 to the Minnesota
couples on the brink project under section 256.743, beginning with any balance in the fund
available on the effective date of this act and every six months after that date.
new text end