Bill Text: MN SF1464 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Marriage license fee recovery for armed forces members completing premarital education
Spectrum: Moderate Partisan Bill (Republican 4-1)
Status: (Introduced - Dead) 2011-05-21 - Referred to Judiciary and Public Safety [SF1464 Detail]
Download: Minnesota-2011-SF1464-Introduced.html
1.2relating to family law; allowing recovery of a portion of the marriage license fee
1.3for members of the armed forces who complete premarital education after the
1.4license is issued; amending Minnesota Statutes 2010, section 517.08, subdivision
1.51b.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2010, section 517.08, subdivision 1b, is amended to read:
1.8 Subd. 1b. Term of license; fee; premarital education. (a) The local registrar
1.9shall examine upon oath the parties applying for a license relative to the legality of the
1.10contemplated marriage. If one party is unable to appear in person, the party appearing may
1.11complete the absent applicant's information. The local registrar shall provide a copy of the
1.12marriage application to the party who is unable to appear, who must verify the accuracy of
1.13the party's information in a notarized statement. The marriage license must not be released
1.14until the verification statement has been received by the local registrar. If at the expiration
1.15of a five-day period, on being satisfied that there is no legal impediment to it, including the
1.16restriction contained in section259.13 , the local registrar shall issue the license, containing
1.17the full names of the parties before and after marriage, and county and state of residence,
1.18with the county seal attached, and make a record of the date of issuance. The license shall
1.19be valid for a period of six months. Except as provided in paragraph (c), the local registrar
1.20shall collect from the applicant a fee of $115 for administering the oath, issuing, recording,
1.21and filing all papers required, and preparing and transmitting to the state registrar of vital
1.22statistics the reports of marriage required by this section. If the license should not be used
1.23within the period of six months due to illness or other extenuating circumstances, it may
1.24be surrendered to the local registrar for cancellation, and in that case a new license shall
1.25issue upon request of the parties of the original license without fee. A local registrar who
2.1knowingly issues or signs a marriage license in any manner other than as provided in this
2.2section shall pay to the parties aggrieved an amount not to exceed $1,000.
2.3(b) In case of emergency or extraordinary circumstances, a judge of the district court
2.4of the county in which the application is made may authorize the license to be issued at
2.5any time before expiration of the five-day period required under paragraph (a). A waiver
2.6of the five-day waiting period must be in the following form:
2.7STATE OF MINNESOTA, COUNTY OF .................... (insert county name)
2.8APPLICATION FOR WAIVER OF MARRIAGE LICENSE WAITING PERIOD:
2.9................................................................................. (legal names of the applicants)
2.10Represent and state as follows:
2.11That on ......................... (date of application) the applicants applied to the local
2.12registrar of the above-named county for a license to marry.
2.13That it is necessary that the license be issued before the expiration of five days
2.14from the date of the application by reason of the following: (insert reason for requesting
2.15waiver of waiting period)
2.16.............................................................................................................
2.17.............................................................................................................
2.18.............................................................................................................
2.19WHEREAS, the applicants request that the judge waive the required five-day
2.20waiting period and the local registrar be authorized and directed to issue the marriage
2.21license immediately.
2.22Date: .............................
2.23.......................................................................................
2.24.......................................................................................
2.25(Signatures of applicants)
2.26Acknowledged before me on this ....... day of .................... .
2.27..........................................
2.28NOTARY PUBLIC
2.29COURT ORDER AND AUTHORIZATION:
2.30STATE OF MINNESOTA, COUNTY OF .................... (insert county name)
2.31After reviewing the above application, I am satisfied that an emergency or
2.32extraordinary circumstance exists that justifies the issuance of the marriage license before
2.33the expiration of five days from the date of the application. IT IS HEREBY ORDERED
2.34that the local registrar is authorized and directed to issue the license forthwith.
2.35.....................................................
2.36................................ (judge of district court)
3.1................................ (date).
3.2(c) The marriage license fee for parties who have completed at least 12 hours of
3.3premarital education is $40. Except as provided in paragraph (f), in order to qualify for
3.4the reduced license fee, the parties must submit at the time of applying for the marriage
3.5license a statement that is signed, dated, and notarized or marked with a church seal from
3.6the person who provided the premarital education on their letterhead confirming that
3.7it was received. The premarital education must be provided by a licensed or ordained
3.8minister or the minister's designee, a person authorized to solemnize marriages under
3.9section517.18 , or a person authorized to practice marriage and family therapy under
3.10section148B.33 . The education must include the use of a premarital inventory and the
3.11teaching of communication and conflict management skills.
3.12 (d) The statement from the person who provided the premarital education under
3.13paragraph (b) must be in the following form:
3.14 "I, .......................... (name of educator), confirm that .......................... (names of
3.15both parties) received at least 12 hours of premarital education that included the use of a
3.16premarital inventory and the teaching of communication and conflict management skills.
3.17I am a licensed or ordained minister, a person authorized to solemnize marriages under
3.18Minnesota Statutes, section517.18 , or a person licensed to practice marriage and family
3.19therapy under Minnesota Statutes, section148B.33 ."
3.20 The names of the parties in the educator's statement must be identical to the legal
3.21names of the parties as they appear in the marriage license application. Notwithstanding
3.22section138.17 , the educator's statement must be retained for seven years, after which
3.23time it may be destroyed.
3.24 (e) If section259.13 applies to the request for a marriage license, the local registrar
3.25shall grant the marriage license without the requested name change. Alternatively, the local
3.26registrar may delay the granting of the marriage license until the party with the conviction:
3.27 (1) certifies under oath that 30 days have passed since service of the notice for a
3.28name change upon the prosecuting authority and, if applicable, the attorney general and no
3.29objection has been filed under section259.13 ; or
3.30 (2) provides a certified copy of the court order granting it. The parties seeking the
3.31marriage license shall have the right to choose to have the license granted without the
3.32name change or to delay its granting pending further action on the name change request.
3.33(f) If either of the parties is on active duty with the armed forces at the time of
3.34applying for the marriage license and the parties complete the premarital education
3.35within three months after the license is issued, either party may submit the statement
3.36under paragraph (d). Upon receipt of the statement, the local registrar shall refund $75
4.1of the original license fee paid by the parties, which must be deducted from the amounts
4.2otherwise payable to the commissioner of management and budget under subdivision 1c.
1.3for members of the armed forces who complete premarital education after the
1.4license is issued; amending Minnesota Statutes 2010, section 517.08, subdivision
1.51b.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2010, section 517.08, subdivision 1b, is amended to read:
1.8 Subd. 1b. Term of license; fee; premarital education. (a) The local registrar
1.9shall examine upon oath the parties applying for a license relative to the legality of the
1.10contemplated marriage. If one party is unable to appear in person, the party appearing may
1.11complete the absent applicant's information. The local registrar shall provide a copy of the
1.12marriage application to the party who is unable to appear, who must verify the accuracy of
1.13the party's information in a notarized statement. The marriage license must not be released
1.14until the verification statement has been received by the local registrar. If at the expiration
1.15of a five-day period, on being satisfied that there is no legal impediment to it, including the
1.16restriction contained in section
1.17the full names of the parties before and after marriage, and county and state of residence,
1.18with the county seal attached, and make a record of the date of issuance. The license shall
1.19be valid for a period of six months. Except as provided in paragraph (c), the local registrar
1.20shall collect from the applicant a fee of $115 for administering the oath, issuing, recording,
1.21and filing all papers required, and preparing and transmitting to the state registrar of vital
1.22statistics the reports of marriage required by this section. If the license should not be used
1.23within the period of six months due to illness or other extenuating circumstances, it may
1.24be surrendered to the local registrar for cancellation, and in that case a new license shall
1.25issue upon request of the parties of the original license without fee. A local registrar who
2.1knowingly issues or signs a marriage license in any manner other than as provided in this
2.2section shall pay to the parties aggrieved an amount not to exceed $1,000.
2.3(b) In case of emergency or extraordinary circumstances, a judge of the district court
2.4of the county in which the application is made may authorize the license to be issued at
2.5any time before expiration of the five-day period required under paragraph (a). A waiver
2.6of the five-day waiting period must be in the following form:
2.7STATE OF MINNESOTA, COUNTY OF .................... (insert county name)
2.8APPLICATION FOR WAIVER OF MARRIAGE LICENSE WAITING PERIOD:
2.9................................................................................. (legal names of the applicants)
2.10Represent and state as follows:
2.11That on ......................... (date of application) the applicants applied to the local
2.12registrar of the above-named county for a license to marry.
2.13That it is necessary that the license be issued before the expiration of five days
2.14from the date of the application by reason of the following: (insert reason for requesting
2.15waiver of waiting period)
2.16.............................................................................................................
2.17.............................................................................................................
2.18.............................................................................................................
2.19WHEREAS, the applicants request that the judge waive the required five-day
2.20waiting period and the local registrar be authorized and directed to issue the marriage
2.21license immediately.
2.22Date: .............................
2.23.......................................................................................
2.24.......................................................................................
2.25(Signatures of applicants)
2.26Acknowledged before me on this ....... day of .................... .
2.27..........................................
2.28NOTARY PUBLIC
2.29COURT ORDER AND AUTHORIZATION:
2.30STATE OF MINNESOTA, COUNTY OF .................... (insert county name)
2.31After reviewing the above application, I am satisfied that an emergency or
2.32extraordinary circumstance exists that justifies the issuance of the marriage license before
2.33the expiration of five days from the date of the application. IT IS HEREBY ORDERED
2.34that the local registrar is authorized and directed to issue the license forthwith.
2.35.....................................................
2.36................................ (judge of district court)
3.1................................ (date).
3.2(c) The marriage license fee for parties who have completed at least 12 hours of
3.3premarital education is $40. Except as provided in paragraph (f), in order to qualify for
3.4the reduced license fee, the parties must submit at the time of applying for the marriage
3.5license a statement that is signed, dated, and notarized or marked with a church seal from
3.6the person who provided the premarital education on their letterhead confirming that
3.7it was received. The premarital education must be provided by a licensed or ordained
3.8minister or the minister's designee, a person authorized to solemnize marriages under
3.9section
3.10section
3.11teaching of communication and conflict management skills.
3.12 (d) The statement from the person who provided the premarital education under
3.13paragraph (b) must be in the following form:
3.14 "I, .......................... (name of educator), confirm that .......................... (names of
3.15both parties) received at least 12 hours of premarital education that included the use of a
3.16premarital inventory and the teaching of communication and conflict management skills.
3.17I am a licensed or ordained minister, a person authorized to solemnize marriages under
3.18Minnesota Statutes, section
3.19therapy under Minnesota Statutes, section
3.20 The names of the parties in the educator's statement must be identical to the legal
3.21names of the parties as they appear in the marriage license application. Notwithstanding
3.22section
3.23time it may be destroyed.
3.24 (e) If section
3.25shall grant the marriage license without the requested name change. Alternatively, the local
3.26registrar may delay the granting of the marriage license until the party with the conviction:
3.27 (1) certifies under oath that 30 days have passed since service of the notice for a
3.28name change upon the prosecuting authority and, if applicable, the attorney general and no
3.29objection has been filed under section
3.30 (2) provides a certified copy of the court order granting it. The parties seeking the
3.31marriage license shall have the right to choose to have the license granted without the
3.32name change or to delay its granting pending further action on the name change request.
3.33(f) If either of the parties is on active duty with the armed forces at the time of
3.34applying for the marriage license and the parties complete the premarital education
3.35within three months after the license is issued, either party may submit the statement
3.36under paragraph (d). Upon receipt of the statement, the local registrar shall refund $75
4.1of the original license fee paid by the parties, which must be deducted from the amounts
4.2otherwise payable to the commissioner of management and budget under subdivision 1c.
