Bill Text: MN HF1818 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Marriage license fee portion recovery allowed for members of the armed forces who complete premarital education after the license is issued.
Spectrum: Partisan Bill (Republican 7-0)
Status: (Introduced - Dead) 2012-02-08 - Author added Scott [HF1818 Detail]
Download: Minnesota-2011-HF1818-Introduced.html
1.2relating to veterans; family law; allowing recovery of a portion of the marriage
1.3license fee for members of the armed forces who complete premarital education
1.4after the license is issued; amending Minnesota Statutes 2011 Supplement,
1.5section 517.08, subdivision 1b.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2011 Supplement, section 517.08, subdivision 1b,
1.8is amended to read:
1.9 Subd. 1b. Term of license; fee; premarital education. (a) The local registrar
1.10shall examine upon oath the parties applying for a license relative to the legality of the
1.11contemplated marriage. If one party is unable to appear in person, the party appearing
1.12may complete the absent applicant's information. The local registrar shall provide a copy
1.13of the marriage application to the party who is unable to appear, who must verify the
1.14accuracy of the appearing party's information in a notarized statement. The marriage
1.15license must not be released until the verification statement has been received by the local
1.16registrar. If at the expiration of a five-day period, on being satisfied that there is no legal
1.17impediment to it, including the restriction contained in section259.13 , the local registrar
1.18shall issue the license, containing the full names of the parties before and after marriage,
1.19and county and state of residence, with the county seal attached, and make a record of
1.20the date of issuance. The license shall be valid for a period of six months. Except as
1.21provided in paragraph (c), the local registrar shall collect from the applicant a fee of $115
1.22for administering the oath, issuing, recording, and filing all papers required, and preparing
1.23and transmitting to the state registrar of vital statistics the reports of marriage required
1.24by this section. If the license should not be used within the period of six months due to
1.25illness or other extenuating circumstances, it may be surrendered to the local registrar for
2.1cancellation, and in that case a new license shall issue upon request of the parties of the
2.2original license without fee. A local registrar who knowingly issues or signs a marriage
2.3license in any manner other than as provided in this section shall pay to the parties
2.4aggrieved an amount not to exceed $1,000.
2.5(b) In case of emergency or extraordinary circumstances, a judge of the district court
2.6of the county in which the application is made may authorize the license to be issued at
2.7any time before expiration of the five-day period required under paragraph (a). A waiver
2.8of the five-day waiting period must be in the following form:
2.9STATE OF MINNESOTA, COUNTY OF .................... (insert county name)
2.10APPLICATION FOR WAIVER OF MARRIAGE LICENSE WAITING PERIOD:
2.11................................................................................. (legal names of the applicants)
2.12Represent and state as follows:
2.13That on ......................... (date of application) the applicants applied to the local
2.14registrar of the above-named county for a license to marry.
2.15That it is necessary that the license be issued before the expiration of five days
2.16from the date of the application by reason of the following: (insert reason for requesting
2.17waiver of waiting period)
2.18.............................................................................................................
2.19.............................................................................................................
2.20.............................................................................................................
2.21WHEREAS, the applicants request that the judge waive the required five-day
2.22waiting period and the local registrar be authorized and directed to issue the marriage
2.23license immediately.
2.24Date: .............................
2.25.......................................................................................
2.26.......................................................................................
2.27(Signatures of applicants)
2.28Acknowledged before me on this ....... day of .................... .
2.29..........................................
2.30NOTARY PUBLIC
2.31COURT ORDER AND AUTHORIZATION:
2.32STATE OF MINNESOTA, COUNTY OF .................... (insert county name)
2.33After reviewing the above application, I am satisfied that an emergency or
2.34extraordinary circumstance exists that justifies the issuance of the marriage license before
2.35the expiration of five days from the date of the application. IT IS HEREBY ORDERED
2.36that the local registrar is authorized and directed to issue the license forthwith.
3.1.....................................................
3.2................................ (judge of district court)
3.3................................ (date).
3.4(c) The marriage license fee for parties who have completed at least 12 hours of
3.5premarital education is $40. Except as provided in paragraph (f), in order to qualify for
3.6the reduced license fee, the parties must submit at the time of applying for the marriage
3.7license a statement that is signed, dated, and notarized or marked with a church seal from
3.8the person who provided the premarital education on their letterhead confirming that
3.9it was received. The premarital education must be provided by a licensed or ordained
3.10minister or the minister's designee, a person authorized to solemnize marriages under
3.11section517.18 , or a person authorized to practice marriage and family therapy under
3.12section148B.33 . The education must include the use of a premarital inventory and the
3.13teaching of communication and conflict management skills.
3.14 (d) The statement from the person who provided the premarital education under
3.15paragraph (c) must be in the following form:
3.16 "I, .......................... (name of educator), confirm that .......................... (names of
3.17both parties) received at least 12 hours of premarital education that included the use of a
3.18premarital inventory and the teaching of communication and conflict management skills.
3.19I am a licensed or ordained minister, a person authorized to solemnize marriages under
3.20Minnesota Statutes, section517.18 , or a person licensed to practice marriage and family
3.21therapy under Minnesota Statutes, section148B.33 ."
3.22 The names of the parties in the educator's statement must be identical to the legal
3.23names of the parties as they appear in the marriage license application. Notwithstanding
3.24section138.17 , the educator's statement must be retained for seven years, after which
3.25time it may be destroyed.
3.26 (e) If section259.13 applies to the request for a marriage license, the local registrar
3.27shall grant the marriage license without the requested name change. Alternatively, the local
3.28registrar may delay the granting of the marriage license until the party with the conviction:
3.29 (1) certifies under oath that 30 days have passed since service of the notice for a
3.30name change upon the prosecuting authority and, if applicable, the attorney general and no
3.31objection has been filed under section259.13 ; or
3.32 (2) provides a certified copy of the court order granting it. The parties seeking the
3.33marriage license shall have the right to choose to have the license granted without the
3.34name change or to delay its granting pending further action on the name change request.
3.35(f) If either of the parties is on active duty with the armed forces at the time of
3.36applying for the marriage license and the parties complete the premarital education
4.1within three months after the license is issued, either party may submit the statement
4.2under paragraph (d). Upon receipt of the statement, the local registrar shall refund $75
4.3of the original license fee paid by the parties, which must be deducted from the amounts
4.4otherwise payable to the commissioner of management and budget under subdivision 1c.
1.3license fee for members of the armed forces who complete premarital education
1.4after the license is issued; amending Minnesota Statutes 2011 Supplement,
1.5section 517.08, subdivision 1b.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2011 Supplement, section 517.08, subdivision 1b,
1.8is amended to read:
1.9 Subd. 1b. Term of license; fee; premarital education. (a) The local registrar
1.10shall examine upon oath the parties applying for a license relative to the legality of the
1.11contemplated marriage. If one party is unable to appear in person, the party appearing
1.12may complete the absent applicant's information. The local registrar shall provide a copy
1.13of the marriage application to the party who is unable to appear, who must verify the
1.14accuracy of the appearing party's information in a notarized statement. The marriage
1.15license must not be released until the verification statement has been received by the local
1.16registrar. If at the expiration of a five-day period, on being satisfied that there is no legal
1.17impediment to it, including the restriction contained in section
1.18shall issue the license, containing the full names of the parties before and after marriage,
1.19and county and state of residence, with the county seal attached, and make a record of
1.20the date of issuance. The license shall be valid for a period of six months. Except as
1.21provided in paragraph (c), the local registrar shall collect from the applicant a fee of $115
1.22for administering the oath, issuing, recording, and filing all papers required, and preparing
1.23and transmitting to the state registrar of vital statistics the reports of marriage required
1.24by this section. If the license should not be used within the period of six months due to
1.25illness or other extenuating circumstances, it may be surrendered to the local registrar for
2.1cancellation, and in that case a new license shall issue upon request of the parties of the
2.2original license without fee. A local registrar who knowingly issues or signs a marriage
2.3license in any manner other than as provided in this section shall pay to the parties
2.4aggrieved an amount not to exceed $1,000.
2.5(b) In case of emergency or extraordinary circumstances, a judge of the district court
2.6of the county in which the application is made may authorize the license to be issued at
2.7any time before expiration of the five-day period required under paragraph (a). A waiver
2.8of the five-day waiting period must be in the following form:
2.9STATE OF MINNESOTA, COUNTY OF .................... (insert county name)
2.10APPLICATION FOR WAIVER OF MARRIAGE LICENSE WAITING PERIOD:
2.11................................................................................. (legal names of the applicants)
2.12Represent and state as follows:
2.13That on ......................... (date of application) the applicants applied to the local
2.14registrar of the above-named county for a license to marry.
2.15That it is necessary that the license be issued before the expiration of five days
2.16from the date of the application by reason of the following: (insert reason for requesting
2.17waiver of waiting period)
2.18.............................................................................................................
2.19.............................................................................................................
2.20.............................................................................................................
2.21WHEREAS, the applicants request that the judge waive the required five-day
2.22waiting period and the local registrar be authorized and directed to issue the marriage
2.23license immediately.
2.24Date: .............................
2.25.......................................................................................
2.26.......................................................................................
2.27(Signatures of applicants)
2.28Acknowledged before me on this ....... day of .................... .
2.29..........................................
2.30NOTARY PUBLIC
2.31COURT ORDER AND AUTHORIZATION:
2.32STATE OF MINNESOTA, COUNTY OF .................... (insert county name)
2.33After reviewing the above application, I am satisfied that an emergency or
2.34extraordinary circumstance exists that justifies the issuance of the marriage license before
2.35the expiration of five days from the date of the application. IT IS HEREBY ORDERED
2.36that the local registrar is authorized and directed to issue the license forthwith.
3.1.....................................................
3.2................................ (judge of district court)
3.3................................ (date).
3.4(c) The marriage license fee for parties who have completed at least 12 hours of
3.5premarital education is $40. Except as provided in paragraph (f), in order to qualify for
3.6the reduced license fee, the parties must submit at the time of applying for the marriage
3.7license a statement that is signed, dated, and notarized or marked with a church seal from
3.8the person who provided the premarital education on their letterhead confirming that
3.9it was received. The premarital education must be provided by a licensed or ordained
3.10minister or the minister's designee, a person authorized to solemnize marriages under
3.11section
3.12section
3.13teaching of communication and conflict management skills.
3.14 (d) The statement from the person who provided the premarital education under
3.15paragraph (c) must be in the following form:
3.16 "I, .......................... (name of educator), confirm that .......................... (names of
3.17both parties) received at least 12 hours of premarital education that included the use of a
3.18premarital inventory and the teaching of communication and conflict management skills.
3.19I am a licensed or ordained minister, a person authorized to solemnize marriages under
3.20Minnesota Statutes, section
3.21therapy under Minnesota Statutes, section
3.22 The names of the parties in the educator's statement must be identical to the legal
3.23names of the parties as they appear in the marriage license application. Notwithstanding
3.24section
3.25time it may be destroyed.
3.26 (e) If section
3.27shall grant the marriage license without the requested name change. Alternatively, the local
3.28registrar may delay the granting of the marriage license until the party with the conviction:
3.29 (1) certifies under oath that 30 days have passed since service of the notice for a
3.30name change upon the prosecuting authority and, if applicable, the attorney general and no
3.31objection has been filed under section
3.32 (2) provides a certified copy of the court order granting it. The parties seeking the
3.33marriage license shall have the right to choose to have the license granted without the
3.34name change or to delay its granting pending further action on the name change request.
3.35(f) If either of the parties is on active duty with the armed forces at the time of
3.36applying for the marriage license and the parties complete the premarital education
4.1within three months after the license is issued, either party may submit the statement
4.2under paragraph (d). Upon receipt of the statement, the local registrar shall refund $75
4.3of the original license fee paid by the parties, which must be deducted from the amounts
4.4otherwise payable to the commissioner of management and budget under subdivision 1c.
