Bill Text: MN HF2521 | 2013-2014 | 88th Legislature | Introduced
Bill Title: Notaries authorized to perform civil marriages.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-05-08 - HF indefinitely postponed [HF2521 Detail]
Download: Minnesota-2013-HF2521-Introduced.html
1.2relating to marriage; authorizing notaries to perform civil marriages;amending
1.3Minnesota Statutes 2012, section 359.04; Minnesota Statutes 2013 Supplement,
1.4section 517.04.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2012, section 359.04, is amended to read:
1.7359.04 POWERS.
1.8Every notary public so appointed, commissioned, and qualified shall have power
1.9throughout this state to administer all oaths required or authorized to be administered in
1.10this state; to take and certify all depositions to be used in any of the courts of this state; to
1.11take and certify all acknowledgments of deeds, mortgages, liens, powers of attorney, and
1.12other instruments in writing or electronic records; to solemnize a civil marriage pursuant
1.13to section 517.04, paragraph (b), and to receive, make out, and record notarial protests.
1.14 Sec. 2. Minnesota Statutes 2013 Supplement, section 517.04, is amended to read:
1.15517.04 PERSONS AUTHORIZED TO PERFORM CIVIL MARRIAGES.
1.16(a) Civil marriages may be solemnized throughout the state by an individual who
1.17has attained the age of 21 years and is a judge of a court of record, a retired judge of a
1.18court of record, a court administrator, a retired court administrator with the approval of the
1.19chief judge of the judicial district, a former court commissioner who is employed by the
1.20court system or is acting pursuant to an order of the chief judge of the commissioner's
1.21judicial district, the residential school administrators of the Minnesota State Academy
1.22for the Deaf and the Minnesota State Academy for the Blind, a licensed or ordained
1.23minister of any religious denomination, or by any mode recognized in section517.18 . For
2.1purposes of this section, a court of record includes the Office of Administrative Hearings
2.2under section14.48 .
2.3(b) Civil marriages may be solemnized throughout the state by an individual who
2.4has attained the age of 21 years and is a commissioned resident or nonresident notary
2.5under chapter 359. The notary must have filed the notary's current notary commission
2.6with the county recorder pursuant to section 359.061, subdivision 1, and must also have
2.7and obtained a county notary certificate pursuant to section 359.061, subdivision 4, prior
2.8to solemnizing a civil marriage. The county where the notary commission is filed shall be
2.9endorsed upon the certificate of civil marriage by the notary. The notary shall uphold the
2.10standards of conduct in section 359.085 in solemnizing a civil marriage.
1.3Minnesota Statutes 2012, section 359.04; Minnesota Statutes 2013 Supplement,
1.4section 517.04.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2012, section 359.04, is amended to read:
1.7359.04 POWERS.
1.8Every notary public so appointed, commissioned, and qualified shall have power
1.9throughout this state to administer all oaths required or authorized to be administered in
1.10this state; to take and certify all depositions to be used in any of the courts of this state; to
1.11take and certify all acknowledgments of deeds, mortgages, liens, powers of attorney, and
1.12other instruments in writing or electronic records; to solemnize a civil marriage pursuant
1.13to section 517.04, paragraph (b), and to receive, make out, and record notarial protests.
1.14 Sec. 2. Minnesota Statutes 2013 Supplement, section 517.04, is amended to read:
1.15517.04 PERSONS AUTHORIZED TO PERFORM CIVIL MARRIAGES.
1.16(a) Civil marriages may be solemnized throughout the state by an individual who
1.17has attained the age of 21 years and is a judge of a court of record, a retired judge of a
1.18court of record, a court administrator, a retired court administrator with the approval of the
1.19chief judge of the judicial district, a former court commissioner who is employed by the
1.20court system or is acting pursuant to an order of the chief judge of the commissioner's
1.21judicial district, the residential school administrators of the Minnesota State Academy
1.22for the Deaf and the Minnesota State Academy for the Blind, a licensed or ordained
1.23minister of any religious denomination, or by any mode recognized in section
2.1purposes of this section, a court of record includes the Office of Administrative Hearings
2.2under section
2.3(b) Civil marriages may be solemnized throughout the state by an individual who
2.4has attained the age of 21 years and is a commissioned resident or nonresident notary
2.5under chapter 359. The notary must have filed the notary's current notary commission
2.6with the county recorder pursuant to section 359.061, subdivision 1, and must also have
2.7and obtained a county notary certificate pursuant to section 359.061, subdivision 4, prior
2.8to solemnizing a civil marriage. The county where the notary commission is filed shall be
2.9endorsed upon the certificate of civil marriage by the notary. The notary shall uphold the
2.10standards of conduct in section 359.085 in solemnizing a civil marriage.
