Minnesota 2025 2025-2026 Regular Session

Minnesota House Bill HF956 Introduced / Bill

Filed 02/14/2025

                    1.1	A bill for an act​
1.2 relating to marriage; modifying marriage record provisions; amending Minnesota​
1.3 Statutes 2024, sections 144.223; 517.04; 517.08, subdivisions 1a, 1b, 1c; 517.09,​
1.4 subdivision 1; 517.10; proposing coding for new law in Minnesota Statutes, chapter​
1.5 517; repealing Minnesota Statutes 2024, sections 517.05; 517.18.​
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:​
1.7 Section 1. Minnesota Statutes 2024, section 144.223, is amended to read:​
1.8 144.223 REPORT OF MARRIAGE.​
1.9 Data relating to the number of certificates of marriage registered shall must be reported​
1.10to the state registrar by the local registrar or designee of the county board in each of the 87​
1.11registration districts pursuant to the rules of the commissioner. The information in clause​
1.12(1) necessary to compile the report shall be furnished by the applicant prior to the issuance​
1.13of the marriage license. The report shall contain the following: in a format and with the​
1.14frequency determined by the state registrar.​
1.15 (1) personal information on bride and groom:​
1.16 (i) name;​
1.17 (ii) residence;​
1.18 (iii) date and place of birth;​
1.19 (iv) if previously married, how terminated; and​
1.20 (v) signature of applicant, date signed, and Social Security number; and​
1.21 (2) information concerning the marriage:​
1​Section 1.​
REVISOR BD/MI 25-00876​12/04/24 ​
State of Minnesota​
This Document can be made available​
in alternative formats upon request​
HOUSE OF REPRESENTATIVES​
H. F. No.  956​
NINETY-FOURTH SESSION​
Authored by Hanson, J.,​02/17/2025​
The bill was read for the first time and referred to the Committee on Judiciary Finance and Civil Law​ 2.1 (i) date of marriage;​
2.2 (ii) place of marriage; and​
2.3 (iii) civil or religious ceremony.​
2.4 Sec. 2. Minnesota Statutes 2024, section 517.04, is amended to read:​
2.5 517.04 PERSONS AUTHORIZED TO PERFORM CIVIL MARRIAGES.​
2.6 Civil marriages may be solemnized throughout the state by an individual who has attained​
2.7the age of 21 years and is a judge of a court of record, a retired judge of a court of record,​
2.8a court administrator, a retired court administrator with the approval of the chief judge of​
2.9the judicial district, a former court commissioner who is employed by the court system or​
2.10is acting pursuant to an order of the chief judge of the commissioner's judicial district, the​
2.11residential school superintendent of the Minnesota State Academy for the Deaf and the​
2.12Minnesota State Academy for the Blind, a licensed or ordained minister of any religious​
2.13denomination, an individual who registers as a civil marriage officiant with a local registrar​
2.14in a county of this state, or by any mode recognized in section 517.18. For purposes of this​
2.15section, a court of record includes the Office of Administrative Hearings under section​
2.1614.48. The county where the civil marriage officiant is registered must be endorsed upon​
2.17and recorded with each certificate of civil marriage.​
2.18 Sec. 3. Minnesota Statutes 2024, section 517.08, subdivision 1a, is amended to read:​
2.19 Subd. 1a.Form.Application for a civil marriage license shall be made by both of the​
2.20parties upon a form provided for the purpose and shall contain the following information:​
2.21 (1) the full names of the parties and the sex of each party;​
2.22 (2) their post office addresses and county and state of residence;​
2.23 (3) their full ages and dates of birth;​
2.24 (4) if either party has previously been married, the party's married name, and from the​
2.25most recent marriage; the date, place, and court in which the civil marriage was dissolved​
2.26or annulled; or the date and place of death of the former spouse;​
2.27 (5) whether the parties are related to each other, and, if so, their relationship;​
2.28 (6) the address of the parties after the civil marriage is entered into to which the local​
2.29registrar shall send a certified copy of the civil marriage certificate;​
2​Sec. 3.​
REVISOR BD/MI 25-00876​12/04/24 ​ 3.1 (7) the full names the parties will have after the civil marriage is entered into and the​
3.2parties' Social Security numbers. The Social Security numbers must be collected for the​
3.3application but must not appear on the civil marriage license. If a party listed on a civil​
3.4marriage application does not have a Social Security number, the party must certify on the​
3.5application, or a supplement to the application, that the party does not have a Social Security​
3.6number;​
3.7 (8) if one party to the civil marriage license has a felony conviction under Minnesota​
3.8law or the law of another state or federal jurisdiction, the party may not change the party's​
3.9name through the marriage application process and must follow the process in section 259.13​
3.10to change the party's name; and​
3.11 (9) notice that a party who has a felony conviction under Minnesota law or the law of​
3.12another state or federal jurisdiction may not use a different name after a civil marriage​
3.13except as authorized by section 259.13, and that doing so is a gross misdemeanor.​
3.14 Sec. 4. Minnesota Statutes 2024, section 517.08, subdivision 1b, is amended to read:​
3.15 Subd. 1b.Term of license; fee; premarital education.(a) The local registrar shall​
3.16examine upon oath the parties applying for a license relative to the legality of the​
3.17contemplated civil marriage. The local registrar may examine the parties upon oath in person,​
3.18by phone, remotely using web conferencing technology, or by requiring a verified statement​
3.19signed by both parties attesting to the legality of the marriage. The local registrar may accept​
3.20civil marriage license applications signed by both parties that are submitted by mail,​
3.21facsimile, or electronic filing. Both parties must present proof of age to the local registrar.​
3.22If one party is unable to appear in person, the party appearing may complete the absent​
3.23applicant's information. The local registrar shall provide a copy of the civil marriage​
3.24application to the party who is unable to appear, who must verify the accuracy of the​
3.25appearing party's information in a notarized statement. The verification statement must be​
3.26accompanied by a copy of proof of age of the party. The civil marriage license must not be​
3.27released until the verification statement and proof of age has been received by the local​
3.28registrar. If the local registrar is satisfied that there is no legal impediment to it, including​
3.29the restriction contained in section 259.13, the local registrar shall issue the license,​
3.30containing the full names of the parties before and after the civil marriage, and county and​
3.31state of residence, with the county seal attached, and make a record of the date of issuance.​
3.32The license shall be valid for a period of six months. Except as provided in paragraph (b),​
3.33The local registrar shall collect from the applicant a fee of $115 for administering the oath,​
3.34issuing, recording, and filing all papers required, and preparing and transmitting to the state​
3​Sec. 4.​
REVISOR BD/MI 25-00876​12/04/24 ​ 4.1registrar of vital records the reports of civil marriage required by this section. If the license​
4.2should not be used within the period of six months due to illness or other extenuating​
4.3circumstances, it may be surrendered to the local registrar for cancellation, and in that case​
4.4a new license shall issue upon request of the parties of the original license without fee. A​
4.5local registrar who knowingly issues or signs a civil marriage license in any manner other​
4.6than as provided in this section shall pay to the parties aggrieved an amount not to exceed​
4.7$1,000.​
4.8 (b) The civil marriage license fee for parties who have completed at least 12 hours of​
4.9premarital education is $40. In order to qualify for the reduced license fee, the parties must​
4.10submit at the time of applying for the civil marriage license a statement that is signed, dated,​
4.11and notarized or marked with a church seal from the person who provided the premarital​
4.12education on their letterhead confirming that it was received. The premarital education must​
4.13be provided by a licensed or ordained minister or the minister's designee, a person authorized​
4.14to solemnize civil marriages under section 517.18, or a person authorized to practice marriage​
4.15and family therapy under section 148B.33. The education must include the use of a premarital​
4.16inventory and the teaching of communication and conflict management skills.​
4.17 (c) The statement from the person who provided the premarital education under paragraph​
4.18(b) must be in the following form:​
4.19 "I, .......................... (name of educator), confirm that .......................... (names of both​
4.20parties) received at least 12 hours of premarital education that included the use of a premarital​
4.21inventory and the teaching of communication and conflict management skills. I am a licensed​
4.22or ordained minister, a person authorized to solemnize civil marriages under Minnesota​
4.23Statutes, section 517.18, or a person licensed to practice marriage and family therapy under​
4.24Minnesota Statutes, section 148B.33."​
4.25 The names of the parties in the educator's statement must be identical to the legal names​
4.26of the parties as they appear in the civil marriage license application. Notwithstanding​
4.27section 138.17, the educator's statement must be retained for seven years, after which time​
4.28it may be destroyed.​
4.29 Sec. 5. Minnesota Statutes 2024, section 517.08, subdivision 1c, is amended to read:​
4.30 Subd. 1c.Disposition of license fee.(a) Of the civil marriage license fee collected​
4.31pursuant to subdivision 1b, paragraph (a), $25 $55 must be retained by the county. The local​
4.32registrar must pay $90 $60 to the commissioner of management and budget to be deposited​
4.33as follows:​
4​Sec. 5.​
REVISOR BD/MI 25-00876​12/04/24 ​ 5.1 (1) $55 $25 in the general fund;​
5.2 (2) $3 in the state government special revenue fund to be appropriated to the​
5.3commissioner of public safety for parenting time centers under section 119A.37;​
5.4 (3) $2 in the special revenue fund to be appropriated to the commissioner of health for​
5.5developing and implementing the MN ENABL program under section 145.9255;​
5.6 (4) $25 in the special revenue fund is appropriated to the commissioner of employment​
5.7and economic development for the Minnesota Family Resiliency Partnership under section​
5.8116L.96; and​
5.9 (5) $5 in the special revenue fund, which is appropriated to the Board of Regents of the​
5.10University of Minnesota for the Minnesota couples on the brink project under section 137.32.​
5.11 (b) Of the $40 fee under subdivision 1b, paragraph (b), $25 must be retained by the​
5.12county. The local registrar must pay $15 to the commissioner of management and budget​
5.13to be deposited as follows:​
5.14 (1) $5 as provided in paragraph (a), clauses (2) and (3); and​
5.15 (2) $10 in the special revenue fund is appropriated to the commissioner of employment​
5.16and economic development for the Minnesota Family Resiliency Partnership under section​
5.17116L.96.​
5.18 Sec. 6. Minnesota Statutes 2024, section 517.09, subdivision 1, is amended to read:​
5.19 Subdivision 1.General.No particular form is required to solemnize a civil marriage,​
5.20except: the parties Both applicants shall declare in the presence of a person who is not the​
5.21same individual as the applicant or the witness, authorized to solemnize civil marriages and​
5.22two attending witnesses that each takes the other as spouse; or the civil marriage shall be​
5.23solemnized in a manner provided by section 517.18.​
5.24 Sec. 7. Minnesota Statutes 2024, section 517.10, is amended to read:​
5.25 517.10 CERTIFICATE; WITNESSES.​
5.26 The person solemnizing a civil marriage shall prepare complete and sign a marriage​
5.27certificate provided by the local registrar. The certificate shall contain the full names of the​
5.28parties before and after the civil marriage, the birth dates of the parties, and county and state​
5.29of residences of the parties and the date and place of the civil marriage. The certificate shall​
5.30also contain the signatures of the applicants' legal names after marriage and at least two of​
5.31the witnesses present at the civil marriage who shall be at least 16 years of age. The person​
5​Sec. 7.​
REVISOR BD/MI 25-00876​12/04/24 ​ 6.1solemnizing the civil marriage shall immediately make a record of such civil marriage, and​
6.2file such certificate with the local registrar of the county in which the license was issued​
6.3within five days after the ceremony. The local registrar shall record such certificate in the​
6.4county civil marriage records.​
6.5 Sec. 8. [517.102] FEES FOR MARRIAGE RECORDS.​
6.6 (a) The fee for a certified marriage record or a letter of no record is $20 per copy. The​
6.7fee for an uncertified marriage record is $20. These fees must be retained by the local​
6.8registrar issuing the records. The fee is payable at the time of application and is​
6.9nonrefundable.​
6.10 (b) If an applicant makes an error in the marriage record and requests an amendment of​
6.11the marriage record, the fee for amending the error in the marriage record is $40. The fee​
6.12is payable at the time of application and is nonrefundable.​
6.13 (c) If a local registrar makes an error in the marriage record, the local registrar must​
6.14amend the marriage record at no cost to the applicant.​
6.15 Sec. 9. [517.103] AMENDMENT OF MARRIAGE RECORDS.​
6.16 (a) To request an amendment of an error in a marriage record, a person must submit the​
6.17following documentation to the local registrar:​
6.18 (1) an affidavit stating the reason for an amendment of the marriage record; and​
6.19 (2) documentation supporting the amendment.​
6.20 (b) A local registrar may amend a marriage record if the local registrar:​
6.21 (1) receives an affidavit and documentation supporting the amendment of a marriage​
6.22record; and​
6.23 (2) the local registrar determines that the affidavit and supporting documentation establish​
6.24that the marriage record contains an error.​
6.25 (c) The local registrar must retain and maintain an affidavit and documentation upon​
6.26which the amendment of a marriage record was based, including the date of the amendment​
6.27and the legal name of the authorized person making the amendment.​
6.28 (d) The local registrar must not amend a marriage record if:​
6.29 (1) an applicant fails to submit the documentation required for amending a marriage​
6.30record; or​
6​Sec. 9.​
REVISOR BD/MI 25-00876​12/04/24 ​ 7.1 (2) the local registrar has reason to question the validity or completeness of the applicant's​
7.2affidavit or supporting documentation.​
7.3 Sec. 10. REPEALER.​
7.4 Minnesota Statutes 2024, sections 517.05; and 517.18, are repealed.​
7​Sec. 10.​
REVISOR BD/MI 25-00876​12/04/24 ​ 517.05 CREDENTIALS OF MINISTER.​
Ministers of any religious denomination, before they are authorized to solemnize a civil marriage,​
shall file a copy of their credentials of license or ordination or, if their religious denomination does​
not issue credentials, authority from the minister's spiritual assembly, with the local registrar of a​
county in this state, who shall record the same and give a certificate of filing thereof. The place​
where the credentials are recorded shall be endorsed upon and recorded with each certificate of​
civil marriage granted by a minister.​
517.18 CIVIL MARRIAGE SOLEMNIZATION.​
Subdivision 1.Friends or Quakers.All civil marriages solemnized among the people called​
Friends or Quakers, in the form heretofore practiced and in use in their meetings, shall be valid and​
not affected by any of the foregoing provisions. The clerk of the meeting in which such civil marriage​
is solemnized, within one month after any such civil marriage, shall deliver a certificate of the same​
to the local registrar of the county where the civil marriage took place, under penalty of not more​
than $100. Such certificate shall be filed and recorded by the court administrator under a like penalty.​
If such civil marriage does not take place in such meeting, such certificate shall be signed by the​
parties and at least six witnesses present, and shall be filed and recorded as above provided under​
a like penalty.​
Subd. 2.Baha'i.Civil marriages may be solemnized among members of the Baha'i faith by the​
chair of an incorporated local Spiritual Assembly of the Baha'is, according to the form and usage​
of such society.​
Subd. 3.Hindus; Muslims.Civil marriages may be solemnized among Hindus or Muslims by​
the person chosen by a local Hindu or Muslim association, according to the form and usage of their​
respective religions.​
Subd. 4.American Indians.Civil marriages may be solemnized among American Indians​
according to the form and usage of their religion by an Indian Mide' or holy person chosen by the​
parties to the civil marriage.​
Subd. 5.Construction of section.Nothing in subdivisions 2 to 4 shall be construed to alter the​
requirements of section 517.01, 517.09 or 517.10.​
1R​
APPENDIX​
Repealed Minnesota Statutes: 25-00876​