Minnesota 2023-2024 Regular Session

Minnesota Senate Bill SF148 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		1.1 A bill for an act
2		-	1.2 relating to marriage; authorizing ~~an individual who registers as a~~ civil ~~marriage~~
3		-	1.3 ~~officiant to perform civil marriages;~~ amending Minnesota Statutes 2022, ~~section~~
4		-	1.4 ~~517.04~~.
	2	+	1.2 relating to marriage; authorizing notary publics to perform civil marriages;
	3	+	1.3 amending Minnesota Statutes 2022, sections 357.17; 359.04; 517.04; proposing
	4	+	1.4 coding for new law in Minnesota Statutes, chapter 359.
5	5		1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
6		-	1.6 Section 1. Minnesota Statutes 2022, section 517.04, is amended to read:
7		-	1.7 517.04 PERSONS AUTHORIZED TO PERFORM CIVIL MARRIAGES.
8		-	1.8 Civil marriages may be solemnized throughout the state by an individual who has attained
9		-	1.9the age of 21 years and is a judge of a court of record, a retired judge of a court of record,
10		-	1.10a court administrator, a retired court administrator with the approval of the chief judge of
11		-	1.11the judicial district, a former court commissioner who is employed by the court system or
12		-	1.12is acting pursuant to an order of the chief judge of the commissioner's judicial district, the
13		-	1.13residential school superintendent of the Minnesota State Academy for the Deaf and the
14		-	1.14Minnesota State Academy for the Blind, a licensed or ordained minister of any religious
15		-	1.15denomination, an individual who registers as a civil marriage officiant with a local registrar
16		-	1.16in a county of this state, or by any mode recognized in section 517.18. For purposes of this
17		-	1.17section, a court of record includes the Office of Administrative Hearings under section
18		-	1.1814.48.
	6	+	1.6 Section 1. Minnesota Statutes 2022, section 357.17, is amended to read:
	7	+	1.7 357.17 NOTARIES PUBLIC.
	8	+	1.8 (a) The maximum fees to be charged and collected by a notary public shall be as follows:
	9	+	1.9 (1) for protest of nonpayment of note or bill of exchange or of nonacceptance of such
	10	+	1.10bill; where protest is legally necessary, and copy thereof, $5;
	11	+	1.11 (2) for every other protest and copy, $5;
	12	+	1.12 (3) for making and serving every notice of nonpayment of note or nonacceptance of bill
	13	+	1.13and copy thereof, $5;
	14	+	1.14 (4) for any affidavit or paper for which provision is not made herein, $5 per folio, and
	15	+	1.15$1 per folio for copies;
	16	+	1.16 (5) for each oath administered, $5;
	17	+	1.17 (6) for acknowledgments of deeds and for other services authorized by law, the legal
	18	+	1.18fees allowed other officers for like services;
	19	+	1.19 (7) for recording each instrument required by law to be recorded by the notary, $5 per
	20	+	1.20folio.
19	21		1Section 1.
20		-	~~S0148-1 1st Engrossment~~~~SF148~~ REVISOR BD
	22	+	23-01836 as introduced01/05/23 REVISOR BD/JL
21	23		SENATE
22	24		STATE OF MINNESOTA
23	25		S.F. No. 148NINETY-THIRD SESSION
24	26		(SENATE AUTHORS: MAYE QUADE, Marty, Oumou Verbeten, Boldon and Mohamed)
25	27		OFFICIAL STATUSD-PGDATE
26		-	Introduction and first reading13901/11/2023
27		-	Referred to Judiciary and Public Safety
28		-	Comm report: To pass as amended02/13/2023
29		-	Second reading
	28	+	Introduction and first reading01/11/2023
	29	+	Referred to Judiciary and Public Safety 2.1 (b) A notary public may charge a fee for performing a marriage in excess of the fees in
	30	+	2.2paragraph (a) if the notary is a licensed business with the Office of the Secretary of State.
	31	+	2.3 Sec. 2. Minnesota Statutes 2022, section 359.04, is amended to read:
	32	+	2.4 359.04 POWERS.
	33	+	2.5 Every notary public so appointed, commissioned, and qualified shall have power
	34	+	2.6throughout this state to administer all oaths required or authorized to be administered in
	35	+	2.7this state; to take and certify all depositions to be used in any of the courts of this state; to
	36	+	2.8take and certify all acknowledgments of deeds, mortgages, liens, powers of attorney, and
	37	+	2.9other instruments in writing or electronic records; to receive, make out, and record notarial
	38	+	2.10protests; to perform civil marriages consistent with this chapter and chapter 517; and to
	39	+	2.11perform online remote notarial acts in compliance with the requirements of sections 358.645
	40	+	2.12and 358.646.
	41	+	2.13 Sec. 3. [359.115] CIVIL MARRIAGE OFFICIANT.
	42	+	2.14 A notary public shall have the power to solemnize civil marriages throughout the state
	43	+	2.15if the notary public has filed a copy of the notary public's notary credentials with the local
	44	+	2.16registrar of a county in this state. When a local registrar records notary credentials for a
	45	+	2.17notary public, the local registrar shall provide a certificate of filing to the notary whose
	46	+	2.18credentials are recorded. A notary public shall endorse and record the county where the
	47	+	2.19notary public's credentials are recorded upon each certificate of civil marriage granted by
	48	+	2.20the notary.
	49	+	2.21 Sec. 4. Minnesota Statutes 2022, section 517.04, is amended to read:
	50	+	2.22 517.04 PERSONS AUTHORIZED TO PERFORM CIVIL MARRIAGES.
	51	+	2.23 Civil marriages may be solemnized throughout the state by an individual who has attained
	52	+	2.24the age of 21 years and is a judge of a court of record, a retired judge of a court of record,
	53	+	2.25a court administrator, a retired court administrator with the approval of the chief judge of
	54	+	2.26the judicial district, a former court commissioner who is employed by the court system or
	55	+	2.27is acting pursuant to an order of the chief judge of the commissioner's judicial district, a
	56	+	2.28notary authorized by the Office of the Secretary of State, the residential school superintendent
	57	+	2.29of the Minnesota State Academy for the Deaf and the Minnesota State Academy for the
	58	+	2.30Blind, a licensed or ordained minister of any religious denomination, or by any mode
	59	+	2.31recognized in section 517.18. For purposes of this section, a court of record includes the
	60	+	2.32Office of Administrative Hearings under section 14.48.
	61	+	2Sec. 4.
	62	+	23-01836 as introduced01/05/23 REVISOR BD/JL