Bill Text: MN HF1761 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Civil union contracts provided.
Spectrum: Partisan Bill (Democrat 28-1)
Status: (Introduced - Dead) 2012-01-24 - Authors added Dittrich, Loeffler, Mahoney and Kriesel [HF1761 Detail]
Download: Minnesota-2011-HF1761-Introduced.html
1.2relating to civil union contracts;amending Minnesota Statutes 2010, sections
1.3363A.27; 517.01; 517.02; 517.03; 517.07; 517.08; 517.10; 517.101; 517.20;
1.4proposing coding for new law in Minnesota Statutes, chapter 517; repealing
1.5Minnesota Statutes 2010, sections 517.04; 517.041; 517.05; 517.06; 517.09;
1.6517.13; 517.14; 517.15; 517.16; 517.18.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. Minnesota Statutes 2010, section 363A.27, is amended to read:
1.9363A.27 CONSTRUCTION OF LAW.
1.10Nothing in this chapter shall be construed to:
1.11(1)mean the state of Minnesota condones homosexuality or bisexuality or any
1.12equivalent lifestyle;
1.13(2) authorize or permit the promotion of homosexuality or bisexuality in education
1.14institutions or require the teaching in education institutions of homosexuality or
1.15bisexualityas an acceptable lifestyle; or
1.16(3) (2) authorize or permit the use of numerical goals or quotas, or other types
1.17of affirmative action programs, with respect to homosexuality or bisexuality in the
1.18administration or enforcement of the provisions of this chapter; or.
1.19(4) authorize the recognition of or the right of marriage between persons of the
1.20same sex.
1.21 Sec. 2. Minnesota Statutes 2010, section 517.01, is amended to read:
1.22517.01MARRIAGE A CIVIL UNION CONTRACT.
1.23Marriage A civil union, so far as its validity in law is concerned, is a civil contract
1.24betweena man and a woman two parties, recognized by the state of Minnesota, to which
2.1the consent of the parties, capable in law of contracting, is essential.Lawful marriage
2.2may be contracted only between persons of the opposite sex and only A civil union
2.3contract is only valid when a license has been obtained as provided by law and when the
2.4marriage civil union is contracted in the presence of two witnesses and solemnized by one
2.5authorized, or whom one or both of the parties in good faith believe to be authorized, so to
2.6do. Marriages subsequent to April 26, 1941, not so contracted shall be null and void.
2.7 Sec. 3. Minnesota Statutes 2010, section 517.02, is amended to read:
2.8517.02 PERSONS CAPABLE OF CONTRACTING.
2.9Every person who has attained the full age of 18 years is capable in law of contracting
2.10marriage a civil union, if otherwise competent. A person of the full age of 16 years may,
2.11with the consent of the person's legal custodial parents, guardian, or the court, as provided
2.12in section517.08 , receive a civil union license to marry, when, after a careful inquiry into
2.13the facts and the surrounding circumstances, the person's application for a license and
2.14consent formarriage civil union of a minor form is approved by the judge of the district
2.15court of the county in which the person resides. If the judge of the district court of the
2.16county in which the person resides is absent from the county and has not by order assigned
2.17another judge or a retired judge to act in the judge's stead, then the court commissioner or
2.18any judge of district court of the county may approve the application for a license.
2.19The consent formarriage civil union of a minor must be in the following form:
2.20STATE OF MINNESOTA, COUNTY OF .................... (insert county name)
2.21I/We ........................... (insert legal custodial parent or guardian names) under oath
2.22or affirmation say:
2.23That I/we are the legal custodial parent(s) or guardian of ...........................
2.24(insert name of minor), who was born at ........................... (insert place of birth) on
2.25........................... (insert date of birth) who is presently the age of ....... (insert age).
2.26That the minor has not been previously married or entered into a civil union.
2.27That I/we consent to themarriage civil union of this minor to ...........................
2.28(insert name of the person minor intends tomarry join in a civil union) who is of the
2.29age of ....... (insert age).
2.30That affidavit is being made for the purpose of requesting the judge's consent to
2.31allow this minor tomarry enter into a civil union contract and make this marriage civil
2.32union contract legal.
2.33Date: .............................
2.34.....................................................................................................
2.35.....................................................................................................
3.1(Signature of legal custodial parents or guardian)
3.2Sworn to or affirmed and acknowledged before me on this ....... day of .................... .
3.3..........................................
3.4NOTARY PUBLIC
3.5STATE OF MINNESOTA, COUNTY OF .................... (insert county name).
3.6The undersigned is the judge of the district court where the minor resides and grants
3.7the request for the minor tomarry enter into a civil union contract.
3.8................................ (judge of district court)
3.9................................ (date).
3.10 Sec. 4. Minnesota Statutes 2010, section 517.03, is amended to read:
3.11517.03 PROHIBITED MARRIAGES AND CIVIL UNION CONTRACTS.
3.12 Subdivision 1. General.(a) The following marriages and civil union contracts are
3.13prohibited:
3.14(1) a marriage or civil union contract entered into before the dissolution of an earlier
3.15marriage or civil union contract of one of the parties becomes final, as provided in section
3.16518.145
or by the law of the jurisdiction where the dissolution was granted;
3.17(2) a marriage or civil union contract between an ancestor and a descendant, or
3.18between a brother and a sister, whether the relationship is by the half or the whole blood
3.19or by adoption; and
3.20(3) a marriage or civil union contract between an uncle and a niece, between an aunt
3.21and a nephew, or between first cousins, whether the relationship is by the half or the
3.22whole blood, except as to marriages permitted by the established customs of aboriginal
3.23cultures; and.
3.24(4) a marriage between persons of the same sex.
3.25(b) A marriage entered into by persons of the same sex, either under common law or
3.26statute, that is recognized by another state or foreign jurisdiction is void in this state and
3.27contractual rights granted by virtue of the marriage or its termination are unenforceable in
3.28this state.
3.29 Subd. 2. Developmentally disabled persons; consent by commissioner of
3.30human services. Developmentally disabled persons committed to the guardianship of
3.31the commissioner of human services and developmentally disabled persons committed
3.32to the conservatorship of the commissioner of human services in which the terms of the
3.33conservatorship limit the right to marry or enter a civil union contract, maymarry enter a
3.34civil union contract on receipt of written consent of the commissioner. The commissioner
3.35shall grant consent unless it appears from the commissioner's investigation that the
4.1marriage civil union contract is not in the best interest of the ward or conservatee and the
4.2public. The local registrar in the county where the application for a license is made by the
4.3ward or conservatee shall not issue the license unless the local registrar has received a
4.4signed copy of the consent of the commissioner of human services.
4.5 Sec. 5. Minnesota Statutes 2010, section 517.07, is amended to read:
4.6517.07 LICENSE.
4.7Before any persons are joined inmarriage a civil union contract in Minnesota, a
4.8license shall be obtained from the local registrar of any county within Minnesota. The
4.9marriage civil union contract need not take place be formally entered in the county where
4.10the license is obtained but must take place within the geographical borders of Minnesota.
4.11 Sec. 6. Minnesota Statutes 2010, section 517.08, is amended to read:
4.12517.08 APPLICATION FOR LICENSE.
4.13 Subd. 1a. Form. Application for amarriage civil union contract license shall be
4.14made by both of the parties upon a form provided for the purpose and shall contain the
4.15following information:
4.16(1) the full names of the parties and the sex of each party;
4.17(2) their post office addresses and county and state of residence;
4.18(3) their full ages;
4.19(4) if either party has previously been married, the party's married name, and the
4.20date, place and court in which the marriage was dissolved or annulled or the date and
4.21place of death of the former spouse;
4.22(5) if either party has previously been a party to a civil union contract, the date of
4.23the civil union contract, and the place and court in which the civil union contract was
4.24dissolved;
4.25(5) (6) if either party is a minor, the name and address of the minor's parents or
4.26guardian;
4.27(6) (7) whether the parties are related to each other, and, if so, their relationship;
4.28(7) (8) address of the bride and groom parties after the marriage civil union contract
4.29is entered to which the local registrar shall send a certified copy of themarriage certificate
4.30civil union contract;
4.31(8) (9) the full names the parties will have after marriage the civil union contract
4.32is entered and the parties' Social Security numbers. The Social Security numbers must
4.33be collected for the application but must not appear on themarriage civil union contract
4.34license. If a party listed on amarriage civil union contract application does not have a
5.1Social Security number, the party must certify on the application, or a supplement to the
5.2application, that the party does not have a Social Security number;
5.3(9) (10) if one or both of the individual parties to the marriage license has a felony
5.4conviction under Minnesota law or the law of another state or federal jurisdiction, the
5.5parties shall provide to the county proof of service upon the prosecuting authority and, if
5.6applicable, the attorney general, as required by section259.13 ; and
5.7(10) (11) notice that a party who has a felony conviction under Minnesota law or the
5.8law of another state or federal jurisdiction may not use a different name aftermarriage a
5.9civil union contract is entered except as authorized by section259.13 , and that doing so
5.10is a gross misdemeanor.
5.11 Subd. 1b. Term of license; fee; premarital education. (a) The local registrar
5.12shall examine upon oath the parties applying for a license relative to the legality of the
5.13contemplatedmarriage civil union contract. If one party is unable to appear in person, the
5.14party appearing may complete the absent applicant's information. The local registrar shall
5.15provide a copy of themarriage civil union contract application to the party who is unable
5.16to appear, who must verify the accuracy of the party's information in a notarized statement.
5.17Themarriage civil union contract license must not be released until the verification
5.18statement has been received by the local registrar. If at the expiration of a five-day period,
5.19on being satisfied that there is no legal impediment to it, including the restriction contained
5.20in section259.13 , the local registrar shall issue the license, containing the full names of
5.21the parties before and aftermarriage the civil union contract, and county and state of
5.22residence, with the county seal attached, and make a record of the date of issuance. The
5.23license shall be valid for a period of six months. Except as provided in paragraph (c), the
5.24local registrar shall collect from the applicant a fee of $115 for administering the oath,
5.25issuing, recording, and filing all papers required, and preparing and transmitting to the
5.26state registrar of vital statistics the reports ofmarriage the civil union contract required
5.27by this section. If the license should not be used within the period of six months due to
5.28illness or other extenuating circumstances, it may be surrendered to the local registrar for
5.29cancellation, and in that case a new license shall issue upon request of the parties of the
5.30original license without fee. A local registrar who knowingly issues or signs amarriage
5.31civil union contract license in any manner other than as provided in this section shall pay
5.32to the parties aggrieved an amount not to exceed $1,000.
5.33(b) In case of emergency or extraordinary circumstances, a judge of the district court
5.34of the county in which the application is made may authorize the license to be issued at
5.35any time before expiration of the five-day period required under paragraph (a). A waiver
5.36of the five-day waiting period must be in the following form:
6.1STATE OF MINNESOTA, COUNTY OF .................... (insert county name)
6.2APPLICATION FOR WAIVER OFMARRIAGE CIVIL UNION CONTRACT
6.3LICENSE WAITING PERIOD:
6.4................................................................................. (legal names of the applicants)
6.5Represent and state as follows:
6.6That on ......................... (date of application) the applicants applied to the local
6.7registrar of the above-named county for a license tomarry enter a civil union contract.
6.8That it is necessary that the license be issued before the expiration of five days
6.9from the date of the application by reason of the following: (insert reason for requesting
6.10waiver of waiting period)
6.11.............................................................................................................
6.12.............................................................................................................
6.13.............................................................................................................
6.14WHEREAS, the applicants request that the judge waive the required five-day
6.15waiting period and the local registrar be authorized and directed to issue themarriage
6.16civil union contract license immediately.
6.17Date: .............................
6.18.......................................................................................
6.19.......................................................................................
6.20(Signatures of applicants)
6.21Acknowledged before me on this ....... day of .................... .
6.22..........................................
6.23NOTARY PUBLIC
6.24COURT ORDER AND AUTHORIZATION:
6.25STATE OF MINNESOTA, COUNTY OF .................... (insert county name)
6.26After reviewing the above application, I am satisfied that an emergency or
6.27extraordinary circumstance exists that justifies the issuance of themarriage civil union
6.28contract license before the expiration of five days from the date of the application. IT
6.29IS HEREBY ORDERED that the local registrar is authorized and directed to issue the
6.30license forthwith.
6.31.....................................................
6.32................................ (judge of district court)
6.33................................ (date).
6.34(c) The marriage license fee for parties who have completed at least 12 hours of
6.35premarital education is $40. In order to qualify for the reduced license fee, the parties must
6.36submit at the time of applying for the marriage license a statement that is signed, dated,
7.1and notarized or marked with a church seal from the person who provided the premarital
7.2education on their letterhead confirming that it was received. The premarital education
7.3must be provided by a licensed or ordained minister or the minister's designee, a person
7.4authorized to solemnize marriages under section
517.18, or a person authorized to practice
7.5marriage and family therapy under section
148B.33. The education must include the use of
7.6a premarital inventory and the teaching of communication and conflict management skills.
7.7(d) The statement from the person who provided the premarital education under
7.8paragraph (b) must be in the following form:
7.9"I, .......................... (name of educator), confirm that .......................... (names of
7.10both parties) received at least 12 hours of premarital education that included the use of a
7.11premarital inventory and the teaching of communication and conflict management skills.
7.12I am a licensed or ordained minister, a person authorized to solemnize marriages under
7.13Minnesota Statutes, section
517.18, or a person licensed to practice marriage and family
7.14therapy under Minnesota Statutes, section
148B.33."
7.15The names of the parties in the educator's statement must be identical to the legal
7.16names of the parties as they appear in the marriage license application. Notwithstanding
7.17section
138.17, the educator's statement must be retained for seven years, after which
7.18time it may be destroyed.
7.19(e) (c) If section
259.13 applies to the request for a marriage civil union contract
7.20license, the local registrar shall grant themarriage civil union contract license without the
7.21requested name change. Alternatively, the local registrar may delay the granting of the
7.22marriage civil union contract license until the party with the conviction:
7.23 (1) certifies under oath that 30 days have passed since service of the notice for a
7.24name change upon the prosecuting authority and, if applicable, the attorney general and no
7.25objection has been filed under section259.13 ; or
7.26 (2) provides a certified copy of the court order granting it. The parties seeking the
7.27marriage civil union contract license shall have the right to choose to have the license
7.28granted without the name change or to delay its granting pending further action on the
7.29name change request.
7.30 Subd. 1c. Disposition of license fee.(a) Of the marriage civil union contract
7.31license fee collected pursuant to subdivision 1b, paragraph (a), $25 must be retained by
7.32the county. The local registrar must pay $90 to the commissioner of management and
7.33budget to be deposited as follows:
7.34 (1) $55 in the general fund;
7.35 (2) $3 in the state government special revenue fund to be appropriated to the
7.36commissioner of public safety for parenting time centers under section119A.37 ;
8.1 (3) $2 in the special revenue fund to be appropriated to the commissioner of health
8.2for developing and implementing the MN ENABL program under section145.9255 ;
8.3 (4) $25 in the special revenue fund is appropriated to the commissioner of
8.4employment and economic development for the displaced homemaker program under
8.5section116L.96 ; and
8.6 (5) $5 in the special revenue fund, which is appropriated to the Board of Regents
8.7of the University of Minnesota for the Minnesota couples on the brink project under
8.8section137.32 .
8.9(b) Of the $40 fee under subdivision 1b, paragraph (b), $25 must be retained by the
8.10county. The local registrar must pay $15 to the commissioner of management and budget
8.11to be deposited as follows:
8.12(1) $5 as provided in paragraph (a), clauses (2) and (3); and
8.13(2) $10 in the special revenue fund is appropriated to the commissioner of
8.14employment and economic development for the displaced homemaker program under
8.15section
116L.96.
8.16 Subd. 4. Report. The local registrar of each county shall annually report to the
8.17Department of Health the number ofmarriage civil union contract licenses issued in the
8.18county for which the fee in subdivision 1b, paragraph (a), was paidand the number for
8.19which the fee in subdivision 1b, paragraph (b), was paid.
8.20 Sec. 7. Minnesota Statutes 2010, section 517.10, is amended to read:
8.21517.10 CERTIFICATE; WITNESSES.
8.22Theperson solemnizing a marriage local registrar of each county shall prepare and
8.23sign a certificate of a lawful civil union contract. The certificate shall contain the full
8.24names of the parties before and aftermarriage the civil union contract, the birth dates of
8.25the parties, and county and state of residences of the parties and the date and place of the
8.26marriage civil union contract. The certificate shall also contain the signatures of at least
8.27two of the witnesses presentat when the marriage civil union contract was signed, who
8.28shall be at least 16 years of age. Theperson solemnizing the marriage registrar shall
8.29immediately make a record of suchmarriage civil union contract, and file such certificate
8.30with the local registrar of the county in which the license was issued within five days
8.31after theceremony civil union contract was signed. The local registrar shall record such
8.32certificate in the county marriage records.
8.33 Sec. 8. Minnesota Statutes 2010, section 517.101, is amended to read:
8.34517.101 CERTIFIED COPIES OFMARRIAGE CERTIFICATE.
9.1Within ten days of receipt of the certificate and after recording the certificate the local
9.2registrar shall prepare a certified copy of the certificate to be mailed to themarried parties.
9.3 Sec. 9. Minnesota Statutes 2010, section 517.20, is amended to read:
9.4517.20 APPLICATION.
9.5Except as provided in section
517.03, subdivision 1, paragraph (b), All marriages
9.6and civil unions contracted within this stateprior to March 1, 1979 or outside this state
9.7that were valid at the time of the contract or subsequently validated by the laws of the
9.8place in which they were contracted or by the domicile of the parties are valid in this state.
9.9 Sec. 10. [517.22] MARRIAGE BY RELIGIOUS INSTITUTION NOT
9.10PROHIBITED.
9.11(a) Nothing in this chapter prohibits a religious institution or cultural group from
9.12performing a ceremony of marriage, according to any applicable rules or customs of the
9.13institution or group. A licensed or ordained minister may be a witness to the signing of a
9.14civil union contract as required by section 517.10.
9.15(b) Notwithstanding a marriage ceremony performed by a religious institution or
9.16cultural group, the parties to that ceremony are not entitled to the rights, benefits, or
9.17privileges of Minnesota law resulting from a civil union contract until such civil union
9.18contract is lawfully signed and entered as provided in this chapter.
9.19 Sec. 11. [517.23] MEANING OF CIVIL UNION CONTRACT.
9.20Wherever the term "marriage," "marital," "marry," or "married" is used in Minnesota
9.21statute in reference to the rights, obligations, or privileges of a couple under law, the term
9.22shall include a civil union contract, or parties to a civil union contract, as established by
9.23this chapter. A term subject to this definition must also be interpreted in reference to the
9.24context in which it appears, but may not be interpreted to limit or exclude any parties who
9.25have entered a valid civil union contract under this chapter.
9.26 Sec. 12. REPEALER.
9.27Minnesota Statutes 2010, sections 517.04; 517.041; 517.05; 517.06; 517.09; 517.13;
9.28517.14; 517.15; 517.16; and 517.18, are repealed.
9.29 Sec. 13. EFFECTIVE DATE.
9.30Sections 1 to 11 are effective August 1, 2012, and apply to civil union contracts
9.31applied for on or after that date. After August 1, 2012, the local registrar of each county
10.1is prohibited from accepting or processing an application for a marriage license that is
10.2inconsistent with the requirements of this act.
1.3363A.27; 517.01; 517.02; 517.03; 517.07; 517.08; 517.10; 517.101; 517.20;
1.4proposing coding for new law in Minnesota Statutes, chapter 517; repealing
1.5Minnesota Statutes 2010, sections 517.04; 517.041; 517.05; 517.06; 517.09;
1.6517.13; 517.14; 517.15; 517.16; 517.18.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. Minnesota Statutes 2010, section 363A.27, is amended to read:
1.9363A.27 CONSTRUCTION OF LAW.
1.10Nothing in this chapter shall be construed to:
1.11(1)
1.12
1.13
1.14institutions or require the teaching in education institutions of homosexuality or
1.15bisexuality
1.16
1.17of affirmative action programs, with respect to homosexuality or bisexuality in the
1.18administration or enforcement of the provisions of this chapter
1.19
1.20
1.21 Sec. 2. Minnesota Statutes 2010, section 517.01, is amended to read:
1.22517.01
1.23
1.24between
2.1the consent of the parties, capable in law of contracting, is essential.
2.2
2.3contract is only valid when a license has been obtained as provided by law and when the
2.4
2.5
2.6
2.7 Sec. 3. Minnesota Statutes 2010, section 517.02, is amended to read:
2.8517.02 PERSONS CAPABLE OF CONTRACTING.
2.9Every person who has attained the full age of 18 years is capable in law of contracting
2.10
2.11with the consent of the person's legal custodial parents, guardian, or the court, as provided
2.12in section
2.13the facts and the surrounding circumstances, the person's application for a license and
2.14consent for
2.15court of the county in which the person resides. If the judge of the district court of the
2.16county in which the person resides is absent from the county and has not by order assigned
2.17another judge or a retired judge to act in the judge's stead, then the court commissioner or
2.18any judge of district court of the county may approve the application for a license.
2.19The consent for
2.20STATE OF MINNESOTA, COUNTY OF .................... (insert county name)
2.21I/We ........................... (insert legal custodial parent or guardian names) under oath
2.22or affirmation say:
2.23That I/we are the legal custodial parent(s) or guardian of ...........................
2.24(insert name of minor), who was born at ........................... (insert place of birth) on
2.25........................... (insert date of birth) who is presently the age of ....... (insert age).
2.26That the minor has not been previously married or entered into a civil union.
2.27That I/we consent to the
2.28(insert name of the person minor intends to
2.29age of ....... (insert age).
2.30That affidavit is being made for the purpose of requesting the judge's consent to
2.31allow this minor to
2.32union contract legal.
2.33Date: .............................
2.34.....................................................................................................
2.35.....................................................................................................
3.1(Signature of legal custodial parents or guardian)
3.2Sworn to or affirmed and acknowledged before me on this ....... day of .................... .
3.3..........................................
3.4NOTARY PUBLIC
3.5STATE OF MINNESOTA, COUNTY OF .................... (insert county name).
3.6The undersigned is the judge of the district court where the minor resides and grants
3.7the request for the minor to
3.8................................ (judge of district court)
3.9................................ (date).
3.10 Sec. 4. Minnesota Statutes 2010, section 517.03, is amended to read:
3.11517.03 PROHIBITED MARRIAGES AND CIVIL UNION CONTRACTS.
3.12 Subdivision 1. General.
3.13prohibited:
3.14(1) a marriage or civil union contract entered into before the dissolution of an earlier
3.15marriage or civil union contract of one of the parties becomes final, as provided in section
3.17(2) a marriage or civil union contract between an ancestor and a descendant, or
3.18between a brother and a sister, whether the relationship is by the half or the whole blood
3.19or by adoption; and
3.20(3) a marriage or civil union contract between an uncle and a niece, between an aunt
3.21and a nephew, or between first cousins, whether the relationship is by the half or the
3.22whole blood, except as to marriages permitted by the established customs of aboriginal
3.23cultures
3.24
3.25
3.26
3.27
3.28
3.29 Subd. 2. Developmentally disabled persons; consent by commissioner of
3.30human services. Developmentally disabled persons committed to the guardianship of
3.31the commissioner of human services and developmentally disabled persons committed
3.32to the conservatorship of the commissioner of human services in which the terms of the
3.33conservatorship limit the right to marry or enter a civil union contract, may
3.34civil union contract on receipt of written consent of the commissioner. The commissioner
3.35shall grant consent unless it appears from the commissioner's investigation that the
4.1
4.2public. The local registrar in the county where the application for a license is made by the
4.3ward or conservatee shall not issue the license unless the local registrar has received a
4.4signed copy of the consent of the commissioner of human services.
4.5 Sec. 5. Minnesota Statutes 2010, section 517.07, is amended to read:
4.6517.07 LICENSE.
4.7Before any persons are joined in
4.8license shall be obtained from the local registrar of any county within Minnesota. The
4.9
4.10the license is obtained but must take place within the geographical borders of Minnesota.
4.11 Sec. 6. Minnesota Statutes 2010, section 517.08, is amended to read:
4.12517.08 APPLICATION FOR LICENSE.
4.13 Subd. 1a. Form. Application for a
4.14made by both of the parties upon a form provided for the purpose and shall contain the
4.15following information:
4.16(1) the full names of the parties and the sex of each party;
4.17(2) their post office addresses and county and state of residence;
4.18(3) their full ages;
4.19(4) if either party has previously been married, the party's married name, and the
4.20date, place and court in which the marriage was dissolved or annulled or the date and
4.21place of death of the former spouse;
4.22(5) if either party has previously been a party to a civil union contract, the date of
4.23the civil union contract, and the place and court in which the civil union contract was
4.24dissolved;
4.25
4.26guardian;
4.27
4.28
4.29is entered to which the local registrar shall send a certified copy of the
4.30civil union contract;
4.31
4.32is entered and the parties' Social Security numbers. The Social Security numbers must
4.33be collected for the application but must not appear on the
4.34license. If a party listed on a
5.1Social Security number, the party must certify on the application, or a supplement to the
5.2application, that the party does not have a Social Security number;
5.3
5.4conviction under Minnesota law or the law of another state or federal jurisdiction, the
5.5parties shall provide to the county proof of service upon the prosecuting authority and, if
5.6applicable, the attorney general, as required by section
5.7
5.8law of another state or federal jurisdiction may not use a different name after
5.9civil union contract is entered except as authorized by section
5.10is a gross misdemeanor.
5.11 Subd. 1b. Term of license; fee
5.12shall examine upon oath the parties applying for a license relative to the legality of the
5.13contemplated
5.14party appearing may complete the absent applicant's information. The local registrar shall
5.15provide a copy of the
5.16to appear, who must verify the accuracy of the party's information in a notarized statement.
5.17The
5.18statement has been received by the local registrar. If at the expiration of a five-day period,
5.19on being satisfied that there is no legal impediment to it, including the restriction contained
5.20in section
5.21the parties before and after
5.22residence, with the county seal attached, and make a record of the date of issuance. The
5.23license shall be valid for a period of six months. Except as provided in paragraph (c), the
5.24local registrar shall collect from the applicant a fee of $115 for administering the oath,
5.25issuing, recording, and filing all papers required, and preparing and transmitting to the
5.26state registrar of vital statistics the reports of
5.27by this section. If the license should not be used within the period of six months due to
5.28illness or other extenuating circumstances, it may be surrendered to the local registrar for
5.29cancellation, and in that case a new license shall issue upon request of the parties of the
5.30original license without fee. A local registrar who knowingly issues or signs a
5.31civil union contract license in any manner other than as provided in this section shall pay
5.32to the parties aggrieved an amount not to exceed $1,000.
5.33(b) In case of emergency or extraordinary circumstances, a judge of the district court
5.34of the county in which the application is made may authorize the license to be issued at
5.35any time before expiration of the five-day period required under paragraph (a). A waiver
5.36of the five-day waiting period must be in the following form:
6.1STATE OF MINNESOTA, COUNTY OF .................... (insert county name)
6.2APPLICATION FOR WAIVER OF
6.3LICENSE WAITING PERIOD:
6.4................................................................................. (legal names of the applicants)
6.5Represent and state as follows:
6.6That on ......................... (date of application) the applicants applied to the local
6.7registrar of the above-named county for a license to
6.8That it is necessary that the license be issued before the expiration of five days
6.9from the date of the application by reason of the following: (insert reason for requesting
6.10waiver of waiting period)
6.11.............................................................................................................
6.12.............................................................................................................
6.13.............................................................................................................
6.14WHEREAS, the applicants request that the judge waive the required five-day
6.15waiting period and the local registrar be authorized and directed to issue the
6.16civil union contract license immediately.
6.17Date: .............................
6.18.......................................................................................
6.19.......................................................................................
6.20(Signatures of applicants)
6.21Acknowledged before me on this ....... day of .................... .
6.22..........................................
6.23NOTARY PUBLIC
6.24COURT ORDER AND AUTHORIZATION:
6.25STATE OF MINNESOTA, COUNTY OF .................... (insert county name)
6.26After reviewing the above application, I am satisfied that an emergency or
6.27extraordinary circumstance exists that justifies the issuance of the
6.28contract license before the expiration of five days from the date of the application. IT
6.29IS HEREBY ORDERED that the local registrar is authorized and directed to issue the
6.30license forthwith.
6.31.....................................................
6.32................................ (judge of district court)
6.33................................ (date).
6.34
6.35
6.36
7.1
7.2
7.3
7.4
7.5
7.6
7.7
7.8
7.9
7.10
7.11
7.12
7.13
7.14
7.15
7.16
7.17
7.18
7.19
7.20license, the local registrar shall grant the
7.21requested name change. Alternatively, the local registrar may delay the granting of the
7.22
7.23 (1) certifies under oath that 30 days have passed since service of the notice for a
7.24name change upon the prosecuting authority and, if applicable, the attorney general and no
7.25objection has been filed under section
7.26 (2) provides a certified copy of the court order granting it. The parties seeking the
7.27
7.28granted without the name change or to delay its granting pending further action on the
7.29name change request.
7.30 Subd. 1c. Disposition of license fee.
7.31license fee collected pursuant to subdivision 1b, paragraph (a), $25 must be retained by
7.32the county. The local registrar must pay $90 to the commissioner of management and
7.33budget to be deposited as follows:
7.34 (1) $55 in the general fund;
7.35 (2) $3 in the state government special revenue fund to be appropriated to the
7.36commissioner of public safety for parenting time centers under section
8.1 (3) $2 in the special revenue fund to be appropriated to the commissioner of health
8.2for developing and implementing the MN ENABL program under section
8.3 (4) $25 in the special revenue fund is appropriated to the commissioner of
8.4employment and economic development for the displaced homemaker program under
8.5section
8.6 (5) $5 in the special revenue fund, which is appropriated to the Board of Regents
8.7of the University of Minnesota for the Minnesota couples on the brink project under
8.8section
8.9
8.10
8.11
8.12
8.13
8.14
8.15
8.16 Subd. 4. Report. The local registrar of each county shall annually report to the
8.17Department of Health the number of
8.18county for which the fee in subdivision 1b, paragraph (a), was paid
8.19
8.20 Sec. 7. Minnesota Statutes 2010, section 517.10, is amended to read:
8.21517.10 CERTIFICATE; WITNESSES.
8.22The
8.23sign a certificate of a lawful civil union contract. The certificate shall contain the full
8.24names of the parties before and after
8.25the parties, and county and state of residences of the parties and the date and place of the
8.26
8.27two of the witnesses present
8.28shall be at least 16 years of age. The
8.29immediately make a record of such
8.30
8.31after the
8.32certificate in the county marriage records.
8.33 Sec. 8. Minnesota Statutes 2010, section 517.101, is amended to read:
8.34517.101 CERTIFIED COPIES OF
9.1Within ten days of receipt of the certificate and after recording the certificate the local
9.2registrar shall prepare a certified copy of the certificate to be mailed to the
9.3 Sec. 9. Minnesota Statutes 2010, section 517.20, is amended to read:
9.4517.20 APPLICATION.
9.5
9.6and civil unions contracted within this state
9.7that were valid at the time of the contract or subsequently validated by the laws of the
9.8place in which they were contracted or by the domicile of the parties are valid in this state.
9.9 Sec. 10. [517.22] MARRIAGE BY RELIGIOUS INSTITUTION NOT
9.10PROHIBITED.
9.11(a) Nothing in this chapter prohibits a religious institution or cultural group from
9.12performing a ceremony of marriage, according to any applicable rules or customs of the
9.13institution or group. A licensed or ordained minister may be a witness to the signing of a
9.14civil union contract as required by section 517.10.
9.15(b) Notwithstanding a marriage ceremony performed by a religious institution or
9.16cultural group, the parties to that ceremony are not entitled to the rights, benefits, or
9.17privileges of Minnesota law resulting from a civil union contract until such civil union
9.18contract is lawfully signed and entered as provided in this chapter.
9.19 Sec. 11. [517.23] MEANING OF CIVIL UNION CONTRACT.
9.20Wherever the term "marriage," "marital," "marry," or "married" is used in Minnesota
9.21statute in reference to the rights, obligations, or privileges of a couple under law, the term
9.22shall include a civil union contract, or parties to a civil union contract, as established by
9.23this chapter. A term subject to this definition must also be interpreted in reference to the
9.24context in which it appears, but may not be interpreted to limit or exclude any parties who
9.25have entered a valid civil union contract under this chapter.
9.26 Sec. 12. REPEALER.
9.27Minnesota Statutes 2010, sections 517.04; 517.041; 517.05; 517.06; 517.09; 517.13;
9.28517.14; 517.15; 517.16; and 517.18, are repealed.
9.29 Sec. 13. EFFECTIVE DATE.
9.30Sections 1 to 11 are effective August 1, 2012, and apply to civil union contracts
9.31applied for on or after that date. After August 1, 2012, the local registrar of each county
10.1is prohibited from accepting or processing an application for a marriage license that is
10.2inconsistent with the requirements of this act.
