| 1 | 1 | | 1.1 A bill for an act |
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| 2 | 2 | | 1.2 relating to civil law; clarifying the court procedure for a change of sex to vital |
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| 3 | 3 | | 1.3 records; amending Minnesota Statutes 2024, sections 259.10, subdivision 1; 259.11. |
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| 4 | 4 | | 1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: |
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| 5 | 5 | | 1.5 Section 1. Minnesota Statutes 2024, section 259.10, subdivision 1, is amended to read: |
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| 6 | 6 | | 1.6 Subdivision 1.Procedure.A person who shall have resided in this state for six months |
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| 7 | 7 | | 1.7may apply to the district court in the county where the person resides to change the person's |
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| 8 | 8 | | 1.8name or sex, the names of minor children, if any, and the name of a spouse, if the spouse |
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| 9 | 9 | | 1.9joins in the application, in the manner herein specified. The person shall state in the |
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| 10 | 10 | | 1.10application the name and age of the spouse and each of the children, if any, and shall describe |
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| 11 | 11 | | 1.11all lands in the state in or upon which the person, the children and the spouse if their names |
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| 12 | 12 | | 1.12are also to be changed by the application, claim any interest or lien, and shall appear |
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| 13 | 13 | | 1.13personally before the court and prove identity by at least two witnesses. If the application |
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| 14 | 14 | | 1.14requests a change of the individual's sex, the individual must provide a letter from a licensed |
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| 15 | 15 | | 1.15physician certifying the individual has already received, or is currently receiving, clinical |
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| 16 | 16 | | 1.16treatment for gender transition. If the person be a minor, the application shall be made by |
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| 17 | 17 | | 1.17the person's guardian or next of kin. The court shall accept the certificate of dissolution |
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| 18 | 18 | | 1.18prepared pursuant to section 518.148 as conclusive evidence of the facts recited in the |
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| 19 | 19 | | 1.19certificate and may not require the person to provide the court a copy of the judgment and |
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| 20 | 20 | | 1.20decree of dissolution. Every person who, with intent to defraud, shall make a false statement |
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| 21 | 21 | | 1.21in any such application shall be guilty of a misdemeanor provided, however, that no minor |
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| 22 | 22 | | 1.22child's name may be changed without both parents having notice of the pending of the |
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| 23 | 23 | | 1.23application for change of name, whenever practicable, as determined by the court. |
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| 24 | 24 | | 1Section 1. |
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| 25 | 25 | | 25-04754 as introduced03/11/25 REVISOR DTT/AC |
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| 26 | 26 | | SENATE |
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| 27 | 27 | | STATE OF MINNESOTA |
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| 28 | 28 | | S.F. No. 3018NINETY-FOURTH SESSION |
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| 29 | 29 | | (SENATE AUTHORS: OUMOU VERBETEN, Maye Quade, Dibble and Port) |
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| 30 | 30 | | OFFICIAL STATUSD-PGDATE |
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| 31 | 31 | | Introduction and first reading03/27/2025 |
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| 32 | 32 | | Referred to Judiciary and Public Safety 2.1 Sec. 2. Minnesota Statutes 2024, section 259.11, is amended to read: |
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| 33 | 33 | | 2.2 259.11 ORDER; FILING COPIES. |
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| 34 | 34 | | 2.3 (a) Upon meeting the requirements of section 259.10, the court shall grant the application |
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| 35 | 35 | | 2.4unless: (1) it finds that there is an intent to defraud or mislead; (2) section 259.13 prohibits |
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| 36 | 36 | | 2.5granting the name change; or (3) in the case of the change of a minor child's name, the court |
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| 37 | 37 | | 2.6finds that such name change is not in the best interests of the child. The court shall set forth |
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| 38 | 38 | | 2.7in the order the name and age of the applicant's spouse and each child of the applicant, if |
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| 39 | 39 | | 2.8any, and shall state a description of the lands, if any, in which the applicant and the spouse |
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| 40 | 40 | | 2.9and children, if any, claim to have an interest. If the court grants the application to change |
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| 41 | 41 | | 2.10an individual's sex, the court shall direct the Department of Health to replace the birth record |
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| 42 | 42 | | 2.11or any applicable vital records agency to amend the birth record of the individual. The court |
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| 43 | 43 | | 2.12administrator shall file such order, and record the same in the judgment book. If lands be |
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| 44 | 44 | | 2.13described therein, a certified copy of the order shall be filed for record, by the applicant, |
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| 45 | 45 | | 2.14with the county recorder of each county wherein any of the same are situated. Before doing |
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| 46 | 46 | | 2.15so the court administrator shall present the same to the county auditor who shall enter the |
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| 47 | 47 | | 2.16change of name in the auditor's official records and note upon the instrument, over an official |
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| 48 | 48 | | 2.17signature, the words "change of name recorded." Any such order shall not be filed, nor any |
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| 49 | 49 | | 2.18certified copy thereof be issued, until the applicant shall have paid to the county recorder |
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| 50 | 50 | | 2.19and court administrator the fee required by law. No application shall be denied on the basis |
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| 51 | 51 | | 2.20of the marital status of the applicant. |
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| 52 | 52 | | 2.21 (b) When a person applies for a name change, the court shall determine whether the |
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| 53 | 53 | | 2.22person has a criminal history in this or any other state. The court may conduct a search of |
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| 54 | 54 | | 2.23national records through the Federal Bureau of Investigation by submitting a set of |
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| 55 | 55 | | 2.24fingerprints and the appropriate fee to the Bureau of Criminal Apprehension. If it is |
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| 56 | 56 | | 2.25determined that the person has a criminal history in this or any other state, the court shall, |
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| 57 | 57 | | 2.26within ten days after the name change application is granted, report the name change to the |
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| 58 | 58 | | 2.27Bureau of Criminal Apprehension. The person whose name is changed shall also report the |
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| 59 | 59 | | 2.28change to the Bureau of Criminal Apprehension within ten days. The court granting the |
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| 60 | 60 | | 2.29name change application must explain this reporting duty in its order. Any person required |
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| 61 | 61 | | 2.30to report the person's name change to the Bureau of Criminal Apprehension who fails to |
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| 62 | 62 | | 2.31report the name change as required under this paragraph is guilty of a gross misdemeanor. |
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| 63 | 63 | | 2.32 (c) Paragraph (b) does not apply to: |
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| 64 | 64 | | 2.33 (1) a request for a name change as part of an application for a marriage license under |
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| 65 | 65 | | 2.34section 517.08; |
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| 66 | 66 | | 2Sec. 2. |
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| 67 | 67 | | 25-04754 as introduced03/11/25 REVISOR DTT/AC 3.1 (2) a request for a name change in conjunction with a marriage dissolution under section |
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| 68 | 68 | | 3.2518.27; or |
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| 69 | 69 | | 3.3 (3) a request for a name change filed under section 259.14. |
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| 70 | 70 | | 3Sec. 2. |
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| 71 | 71 | | 25-04754 as introduced03/11/25 REVISOR DTT/AC |
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