Minnesota 2023-2024 Regular Session

Minnesota House Bill HF227 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		1.1 A bill for an act
2	2		1.2 relating to marriage; authorizing notary publics and past or current Minnesota
3	3		1.3 elected officials to perform civil marriages; amending Minnesota Statutes 2022,
4	4		1.4 sections 357.17; 359.04; 517.04; proposing coding for new law in Minnesota
5	5		1.5 Statutes, chapter 359.
6	6		1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
7	7		1.7 Section 1. Minnesota Statutes 2022, section 357.17, is amended to read:
8	8		1.8 357.17 NOTARIES PUBLIC.
9	9		1.9 (a) The maximum fees to be charged and collected by a notary public shall be as follows:
10	10		1.10 (1) for protest of nonpayment of note or bill of exchange or of nonacceptance of such
11	11		1.11bill; where protest is legally necessary, and copy thereof, $5;
12	12		1.12 (2) for every other protest and copy, $5;
13	13		1.13 (3) for making and serving every notice of nonpayment of note or nonacceptance of bill
14	14		1.14and copy thereof, $5;
15	15		1.15 (4) for any affidavit or paper for which provision is not made herein, $5 per folio, and
16	16		1.16$1 per folio for copies;
17	17		1.17 (5) for each oath administered, $5;
18	18		1.18 (6) for acknowledgments of deeds and for other services authorized by law, the legal
19	19		1.19fees allowed other officers for like services;
20	20		1.20 (7) for recording each instrument required by law to be recorded by the notary, $5 per
21	21		1.21folio.
22	22		1Section 1.
23		-	REVISOR BD H0227-2HF227 SECOND ENGROSSMENT
24		-	43
25		-	Printed
26		-	Page No.State of Minnesota
	23	+	REVISOR BD H0227-1HF227 FIRST ENGROSSMENT
	24	+	State of Minnesota
27	25		This Document can be made available
28	26		in alternative formats upon request
29	27		HOUSE OF REPRESENTATIVES
30	28		H. F. No. 227
31	29		NINETY-THIRD SESSION
32		-	Authored by Huot, Xiong, Frazier, Jordan, Olson, L., ~~and others~~01/11/2023
	30	+	Authored by Huot, Xiong, Frazier, Jordan and Olson, L.,01/11/2023
33	31		The bill was read for the first time and referred to the Committee on Judiciary Finance and Civil Law
34		-	Adoption of Report: Amended and re-referred to the Committee on State and Local Government Finance and Policy01/19/2023
35		-	Adoption of Report: Placed on the General Register as Amended02/01/2023
36		-	Read for the Second Time 2.1 (b) A notary public may charge a fee for performing a marriage in excess of the fees in
37		-	2.2paragraph (a) if the notary is a member, director, or partner of an entity organized under
38		-	2.3the laws of this state.
39		-	2.4 Sec. 2. Minnesota Statutes 2022, section 359.04, is amended to read:
40		-	2.5 359.04 POWERS.
41		-	2.6 Every notary public so appointed, commissioned, and qualified shall have power
42		-	2.7throughout this state to administer all oaths required or authorized to be administered in
43		-	2.8this state; to take and certify all depositions to be used in any of the courts of this state; to
44		-	2.9take and certify all acknowledgments of deeds, mortgages, liens, powers of attorney, and
45		-	2.10other instruments in writing or electronic records; to receive, make out, and record notarial
46		-	2.11protests; to perform civil marriages consistent with this chapter and chapter 517; and to
47		-	2.12perform online remote notarial acts in compliance with the requirements of sections 358.645
48		-	2.13and 358.646.
49		-	2.14 Sec. 3. [359.115] CIVIL MARRIAGE OFFICIANT.
50		-	2.15 (a) A notary public shall have the power to solemnize civil marriages throughout the
51		-	2.16state if the notary public has filed a copy of the notary public's notary credentials with the
52		-	2.17local registrar of a county in this state. When a local registrar records notary credentials for
53		-	2.18a notary public, the local registrar shall provide a certificate of filing to the notary whose
54		-	2.19credentials are recorded. A notary public shall endorse and record the county where the
55		-	2.20notary public's credentials are recorded upon each certificate of civil marriage granted by
56		-	2.21the notary.
57		-	2.22 (b) A past or current Minnesota elected official shall have the power to solemnize a civil
58		-	2.23marriage throughout the state if the elected official has filed a copy of the elected official's
59		-	2.24certificate of election with the local registrar of a county in this state. When a local registrar
60		-	2.25records an elected official's credentials, the local registrar shall provide a certificate of filing
61		-	2.26that the elected official's credentials are recorded, and the elected official shall endorse and
62		-	2.27record the county where the elected official's credentials are recorded upon each certificate
63		-	2.28of civil marriage granted by the elected official.
64		-	2.29 Sec. 4. Minnesota Statutes 2022, section 517.04, is amended to read:
65		-	2.30 517.04 PERSONS AUTHORIZED TO PERFORM CIVIL MARRIAGES.
66		-	2.31 Civil marriages may be solemnized throughout the state by an individual who has attained
67		-	2.32the age of 21 years and is a judge of a court of record, a retired judge of a court of record,
	32	+	Adoption of Report: Amended and re-referred to the Committee on State and Local Government Finance and Policy01/19/2023 2.1 (b) A notary public may charge a fee for performing a marriage in excess of the fees in
	33	+	2.2paragraph (a) if the notary is a licensed business with the Office of the Secretary of State.
	34	+	2.3 Sec. 2. Minnesota Statutes 2022, section 359.04, is amended to read:
	35	+	2.4 359.04 POWERS.
	36	+	2.5 Every notary public so appointed, commissioned, and qualified shall have power
	37	+	2.6throughout this state to administer all oaths required or authorized to be administered in
	38	+	2.7this state; to take and certify all depositions to be used in any of the courts of this state; to
	39	+	2.8take and certify all acknowledgments of deeds, mortgages, liens, powers of attorney, and
	40	+	2.9other instruments in writing or electronic records; to receive, make out, and record notarial
	41	+	2.10protests; to perform civil marriages consistent with this chapter and chapter 517; and to
	42	+	2.11perform online remote notarial acts in compliance with the requirements of sections 358.645
	43	+	2.12and 358.646.
	44	+	2.13 Sec. 3. [359.115] CIVIL MARRIAGE OFFICIANT.
	45	+	2.14 A notary public shall have the power to solemnize civil marriages throughout the state
	46	+	2.15if the notary public has filed a copy of the notary public's notary credentials with the local
	47	+	2.16registrar of a county in this state. When a local registrar records notary credentials for a
	48	+	2.17notary public, the local registrar shall provide a certificate of filing to the notary whose
	49	+	2.18credentials are recorded. A notary public shall endorse and record the county where the
	50	+	2.19notary public's credentials are recorded upon each certificate of civil marriage granted by
	51	+	2.20the notary.
	52	+	2.21 Sec. 4. Minnesota Statutes 2022, section 517.04, is amended to read:
	53	+	2.22 517.04 PERSONS AUTHORIZED TO PERFORM CIVIL MARRIAGES.
	54	+	2.23 Civil marriages may be solemnized throughout the state by an individual who has attained
	55	+	2.24the age of 21 years and is a judge of a court of record, a retired judge of a court of record,
	56	+	2.25a court administrator, a retired court administrator with the approval of the chief judge of
	57	+	2.26the judicial district, a former court commissioner who is employed by the court system or
	58	+	2.27is acting pursuant to an order of the chief judge of the commissioner's judicial district, a
	59	+	2.28notary authorized by the Office of the Secretary of State, a past or current Minnesota elected
	60	+	2.29official who has a certificate of election that has been filed with the local county registrar
	61	+	2.30consistent with the process in section 359.115, the residential school superintendent of the
	62	+	2.31Minnesota State Academy for the Deaf and the Minnesota State Academy for the Blind, a
	63	+	2.32licensed or ordained minister of any religious denomination, or by any mode recognized in
68	64		2Sec. 4.
69		-	REVISOR BD H0227-2HF227 SECOND ENGROSSMENT 3.1a court administrator, a retired court administrator with the approval of the chief judge of
70		-	3.2the judicial district, a former court commissioner who is employed by the court system or
71		-	3.3is acting pursuant to an order of the chief judge of the commissioner's judicial district, a
72		-	3.4notary authorized by the Office of the Secretary of State, a past or current Minnesota elected
73		-	3.5official authorized by section 359.115, the residential school superintendent of the Minnesota
74		-	3.6State Academy for the Deaf and the Minnesota State Academy for the Blind, a licensed or
75		-	3.7ordained minister of any religious denomination, or by any mode recognized in section
76		-	3.8517.18. For purposes of this section, a court of record includes the Office of Administrative
77		-	3.9Hearings under section 14.48.
	65	+	REVISOR BD H0227-1HF227 FIRST ENGROSSMENT 3.1section 517.18. For purposes of this section, a court of record includes the Office of
	66	+	3.2Administrative Hearings under section 14.48.
78	67		3Sec. 4.
79		-	REVISOR BD H0227-2HF227 ~~SECOND~~ ENGROSSMENT
	68	+	REVISOR BD H0227-1HF227 FIRST ENGROSSMENT