STATE OF
MINNESOTA
EIGHTY-EIGHTH
SESSION - 2013
_____________________
FIFTY-THIRD
DAY
Saint Paul, Minnesota, Thursday, May 9, 2013
The House of Representatives convened at
12:00 noon and was called to order by Paul Thissen, Speaker of the House.
Prayer was offered by the Reverend Paul
Rogers, Minneapolis, Minnesota.
The members of the House gave the pledge
of allegiance to the flag of the United States of America.
The roll was called and the following
members were present:
Abeler
Albright
Allen
Anderson, M.
Anderson, P.
Anderson, S.
Anzelc
Atkins
Barrett
Beard
Benson, J.
Benson, M.
Bernardy
Bly
Brynaert
Carlson
Clark
Cornish
Daudt
Davids
Davnie
Dean, M.
Dehn, R.
Dettmer
Dill
Dorholt
Drazkowski
Erhardt
Erickson, R.
Erickson, S.
Fabian
Falk
Faust
Fischer
FitzSimmons
Franson
Freiberg
Fritz
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Halverson
Hamilton
Hansen
Hausman
Hertaus
Hilstrom
Holberg
Hoppe
Hornstein
Hortman
Howe
Huntley
Isaacson
Johnson, B.
Johnson, C.
Johnson, S.
Kahn
Kelly
Kieffer
Kiel
Kresha
Laine
Leidiger
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Lohmer
Loon
Mack
Mahoney
Mariani
Marquart
Masin
McDonald
McNamar
McNamara
Melin
Metsa
Moran
Morgan
Mullery
Murphy, E.
Murphy, M.
Myhra
Nelson
Newberger
Newton
Nornes
Norton
O'Driscoll
O'Neill
Paymar
Pelowski
Peppin
Persell
Petersburg
Poppe
Pugh
Quam
Radinovich
Rosenthal
Runbeck
Sanders
Savick
Sawatzky
Schoen
Schomacker
Scott
Selcer
Simon
Simonson
Slocum
Sundin
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Wagenius
Ward, J.A.
Ward, J.E.
Wills
Winkler
Woodard
Yarusso
Zellers
Zerwas
Spk. Thissen
A quorum was present.
The Chief Clerk proceeded to read the
Journal of the preceding day. There
being no objection, further reading of the Journal was dispensed with and the
Journal was approved as corrected by the Chief Clerk.
REPORTS OF CHIEF CLERK
S. F. No. 1006 and
H. F. No. 1060, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical with certain exceptions.
SUSPENSION
OF RULES
Atkins moved that the rules be so far
suspended that S. F. No. 1006 be substituted for
H. F. No. 1060 and that the House File be indefinitely
postponed. The motion prevailed.
REPORTS OF STANDING COMMITTEES AND
DIVISIONS
Johnson, S., from the Committee on Labor, Workplace and Regulated Industries to which was referred:
H. F. No. 1801,
A bill for an act relating to state government; ratifying labor agreements and
compensation plans.
Reported the same back with the following amendments:
Page 1, line 6, delete "submitted to" and insert "recommended for approval by"
Page 1, line 7, delete "..........." and insert "May 1"
Page 1, line 10, delete "submitted to" and insert "recommended for approval by"
Page 1, line 11, delete "....." and insert "May 1"
Page 1, line 14, delete "submitted to" and insert "recommended for approval by"
Page 1, line 15, delete "....." and insert "May 1"
With the recommendation that when so amended the bill pass and be re-referred to the Committee on Rules and Legislative Administration.
The
report was adopted.
SECOND READING
OF SENATE BILLS
S. F. No. 1006 was read for
the second time.
INTRODUCTION
AND FIRST READING OF HOUSE BILLS
The
following House Files were introduced:
Johnson, C.; Hamilton; Poppe; Faust; Anderson, P.; Hansen; Kresha; Savick; FitzSimmons; Erickson, R.; Sawatzky and Gunther introduced:
H. F. No. 1829, A bill for an act relating to civil liability; creating immunity for agritourism activities; proposing coding for new law in Minnesota Statutes, chapter 604A.
The bill was read for the first time and referred to the Committee on Civil Law.
Fritz, Dorholt and Abeler introduced:
H. F. No. 1830, A bill for an act relating to human services; increasing the medical assistance reimbursement rate for critical access mental health services; amending Minnesota Statutes 2012, section 256B.763.
The bill was read for the first time and referred to the Committee on Health and Human Services Finance.
Fritz, Dorholt and Abeler introduced:
H. F. No. 1831, A bill for an act relating to human services; modifying medical assistance coverage to include consultations with licensed independent clinical social workers; amending Minnesota Statutes 2012, section 256B.0625, subdivision 48.
The bill was read for the first time and referred to the Committee on Health and Human Services Policy.
MESSAGES FROM THE SENATE
The
following message was received from the Senate:
Mr. Speaker:
I hereby announce the passage by the Senate of the following House File, herewith returned, as amended by the Senate, in which amendments the concurrence of the House is respectfully requested:
H. F. No. 92, A bill for an act relating to employment; regulating the minimum wage; modifying overtime and parental leave provisions; amending Minnesota Statutes 2012, sections 177.24, subdivision 1, by adding a subdivision; 177.25, subdivisions 1, 3, 5, by adding a subdivision; 181.941, subdivision 1; 181.943; repealing Minnesota Rules, part 5200.0080, subpart 7.
JoAnne M. Zoff, Secretary of the Senate
Winkler moved that the House refuse to concur in the
Senate amendments to H. F. No. 92, that the Speaker appoint a
Conference Committee of 3 members of the House, and that the House requests
that a like committee be appointed by the Senate to confer on the disagreeing
votes of the two houses. The motion
prevailed.
ANNOUNCEMENTS
BY THE SPEAKER
The Speaker announced the appointment of
the following members of the House to a Conference Committee on
H. F. No. 92:
Winkler, Metsa and Poppe.
The Speaker announced the following change
in membership of the Conference Committee on S. F. No. 1589:
Delete the name of Bernardy and add the
name of Persell.
CALENDAR FOR THE DAY
H. F. No. 1054 was reported
to the House.
Clark moved to amend H. F. No. 1054, the first engrossment, as follows:
Page 4, line 9, after "parents" insert "in a civil marriage between persons of the same sex"
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
The
motion prevailed and the amendment was adopted.
FitzSimmons moved to amend H. F. No. 1054, the first engrossment, as amended, as follows:
Page 1, line 21, before "marriage" insert "civil"
Page 2, line 2, strike "MARRIAGE A CIVIL" and insert "CIVIL MARRIAGE"
Page 2, line 3, before "Marriage" insert "A civil"
Page 2, line 5, strike "Lawful" and insert "A lawful civil"
Page 2, line 7, before "marriage" insert "civil"
Page 2, line 26, before "marriage" insert "civil"
Page 3, line 2, before "address" insert "the" and strike "marriage" and insert "civil marriage is entered into"
Page 3, lines 3, 9, 18, and 21, before "marriage" insert "civil"
Page 3, line 4, strike "marriage" and insert "the civil marriage is entered into"
Page 3, line 6, before "marriage" insert "civil" in both places
Page 3, line 14, before "marriage" insert "a civil"
Page 3, line 20, before "marriages" insert "civil"
Page 3, lines 27 and 28, before "marriage" insert "civil"
Page 3, after line 28, insert:
"Subd. 3. Refusal to participate or support solemnization; protection of religious belief. No religious organization, association, or society shall be required to provide goods or services at the solemnization or celebration of any civil marriage or be subject to civil liability or any action by the state that penalizes, fines, or withholds any benefit to the religious organization, association, or society under the laws of this state, including, but not limited to, laws regarding tax exempt status, for failing or refusing to provide goods or services at the solemnization or celebration of any civil marriage, if providing such goods or services would cause the religious organization, association, or society to violate their sincerely held religious beliefs."
Page 4, line 10, before "marriage" insert "a civil"
Page 4, after line 12, insert:
"Sec. 7. [517.23]
MEANING OF CIVIL MARRIAGE.
Wherever the term "marriage," "marital," "marry," or "married" is used in Minnesota statute in reference to the rights, obligations, or privileges of a couple under law, the term includes civil marriage, or individuals subject to civil marriage, as established by this chapter. A term subject to this definition must also be interpreted in reference to the context in which it appears, but may not be interpreted to limit or exclude any individual who has entered into a valid civil marriage contract under this chapter."
Page 4, lines 23, 25, 26, and 29, before "marriage" insert "civil"
Page 4, after line 31, insert:
"Sec. 9. REVISOR'S
INSTRUCTION.
The revisor of statutes shall change the terms "marriage" and "marriages" to either "civil marriage" or "civil marriages" wherever they appear in Minnesota Statutes, chapter 517, unless the context or any provision of this act indicates otherwise. The revisor shall also make grammatical changes related to the changes in terms."
Renumber the sections in sequence
Amend the title as follows:
Page 1, line 2, before the second "marriage" insert "civil"
Page 1, line 3, after "exemptions" insert "and protections"
FitzSimmons moved to amend his amendment to H. F. No. 1054, the first engrossment, as amended, as follows:
Page 1, delete lines 17 to 25 and insert:
"Subd. 3. Refusal
to participate or support solemnization; protection of religious belief. (a) Except for secular business
activities engaged in by a religious association, religious corporation, or
religious society, the conduct of which is unrelated to the religious and
educational purposes for which it is organized, no religious association,
religious corporation, or religious society shall be required to provide goods
or services at the solemnization or celebration of any civil marriage or be
subject to civil liability or any action by the state that penalizes, fines, or
withholds any benefit to the religious association, religious corporation, or
religious society under the laws of this state, including, but not limited to,
laws regarding tax exempt status, for failing or refusing to provide goods or
services at the solemnization or celebration of any civil marriage, if
providing such goods or services would cause the religious association,
religious corporation, or religious society to violate their sincerely held
religious beliefs.
(b) The exception in paragraph (a) applies to employees, agents, and volunteers acting within the capacity of their employment or responsibilities with a religious association, religious corporation, or religious society."
The
motion prevailed and the amendment to the amendment was adopted.
The question recurred on the FitzSimmons
amendment, as amended, to H. F. No. 1054, the first
engrossment, as amended. The motion prevailed and the amendment, as
amended, was adopted.
Kelly and Kieffer moved to amend H. F. No. 1054, the first engrossment, as amended, as follows:
Delete everything after the enacting clause and insert:
"Section 1. Minnesota Statutes 2012, section 363A.27, is amended to read:
363A.27
CONSTRUCTION OF LAW.
Nothing in this chapter shall be construed to:
(1) mean the state of Minnesota condones homosexuality or bisexuality or any equivalent lifestyle;
(2) authorize or permit the promotion of
homosexuality or bisexuality in education institutions or require the teaching
in education institutions of homosexuality or bisexuality as an acceptable
lifestyle; or
(3) authorize or permit the use of
numerical goals or quotas, or other types of affirmative action programs, with
respect to homosexuality or bisexuality in the administration or enforcement of
the provisions of this chapter; or.
(4) authorize the recognition of or the
right of marriage between persons of the same sex.
Sec. 2. Minnesota Statutes 2012, section 517.01, is amended to read:
517.01
MARRIAGE A CIVIL UNION CONTRACT.
Marriage A civil union, so
far as its validity in law is concerned, is a civil contract between a man
and a woman two individuals, recognized by the state of Minnesota,
to which the consent of the parties individuals, capable in law
of contracting, is essential. Lawful
marriage may be contracted only between persons of the opposite sex and only
A civil union contract is
only valid when a license has been obtained as provided by law and when the
marriage civil union is contracted in the presence of two
witnesses and solemnized by one authorized, or whom one or both of the
parties in good faith believe to be authorized, so to do. Marriages subsequent to April 26, 1941, not
so contracted shall be null and void.
Sec. 3. Minnesota Statutes 2012, section 517.02, is amended to read:
517.02
PERSONS CAPABLE OF CONTRACTING.
Every person who has attained the full age
of 18 years is capable in law of contracting marriage a civil union,
if otherwise competent. A person of the
full age of 16 years may, with the consent of the person's legal custodial
parents, guardian, or the court, as provided in section 517.08, receive a civil
union license to marry, when, after a careful inquiry into the facts
and the surrounding circumstances, the person's application for a license and
consent for marriage a civil union of a minor form is approved by
the judge of the district court of the county in which the person resides. If the judge of the district court of the
county in which the person resides is absent from the county and has not by
order assigned another judge or a retired judge to act in the judge's stead,
then the court commissioner or any judge of district court of the county may
approve the application for a license.
The consent for marriage civil
union license of a minor must be in the following form:
STATE OF MINNESOTA, COUNTY OF .................... (insert county name)
I/We ........................... (insert legal custodial parent or guardian names) under oath or affirmation say:
That I/we are the legal custodial parent(s) or guardian of ........................... (insert name of minor), who was born at ........................... (insert place of birth) on........................... (insert date of birth) who is presently the age of ....... (insert age).
That the minor has not been
previously married entered a civil union.
That I/we consent to the marriage civil
union of this minor to ........................... (insert name of the
person minor intends to marry join in civil union) who is of the
age of ....... (insert age).
That affidavit is being made for the
purpose of requesting the judge's consent to allow this minor to marry enter
a civil union and make this marriage civil union legal.
Date: .............................
.....................................................................................................
.....................................................................................................
(Signature of legal custodial parents or guardian)
Sworn to or affirmed and acknowledged before me on this ....... day of .................... .
..........................................
NOTARY PUBLIC
STATE OF MINNESOTA, COUNTY OF .................... (insert county name).
The undersigned is the judge of
the district court where the minor resides and grants the request for the minor
to marry enter into a civil union contract.
................................ (judge of district court)
................................ (date).
Sec. 4. Minnesota Statutes 2012, section 517.03, is amended to read:
517.03
PROHIBITED MARRIAGES AND CIVIL UNION CONTRACTS.
Subdivision 1. General. (a) The following marriages and
civil union contracts are prohibited:
(1) a marriage or civil union
entered into before the dissolution of an earlier marriage or civil union
contract of one of the parties individuals becomes final, as
provided in section 518.145 or by the law of the jurisdiction where the
dissolution was granted;
(2) a marriage or civil union
between an ancestor and a descendant, or between a brother and a sister,
whether the relationship is by the half or the whole blood or by adoption; and
(3) a marriage or civil union
between an uncle and a niece, between an aunt and a nephew, or between first
cousins, whether the relationship is by the half or the whole blood, except as
to marriages permitted by the established customs of aboriginal cultures;
and.
(4) a marriage between persons of the
same sex.
(b) A marriage entered into by persons
of the same sex, either under common law or statute, that is recognized by
another state or foreign jurisdiction is void in this state and contractual
rights granted by virtue of the marriage or its termination are unenforceable
in this state.
Subd. 2. Developmentally
disabled persons; consent by commissioner of human services. Developmentally disabled persons
committed to the guardianship of the commissioner of human services and developmentally
disabled persons committed to the conservatorship of the commissioner of human
services in which the terms of the conservatorship limit the right to marry
enter a civil union, may marry enter a civil union on
receipt of written consent of the commissioner.
The commissioner shall grant consent unless it appears from the
commissioner's investigation that the marriage civil union is not
in the best interest of the ward or conservatee and the public. The local registrar in the county where the
application for a license is made by the ward or conservatee shall not issue
the license unless the local registrar has received a signed copy of the
consent of the commissioner of human services.
Sec. 5. Minnesota Statutes 2012, section 517.07, is amended to read:
517.07
LICENSE.
Before any persons are joined in marriage
a civil union in Minnesota, a license shall be obtained from the local
registrar of any county within Minnesota.
The marriage civil union need not take place be
formally entered in the county where the license is obtained but must take
place within the geographical borders of Minnesota.
Sec. 6. Minnesota Statutes 2012, section 517.08, is amended to read:
517.08
APPLICATION FOR LICENSE.
Subd. 1a. Form. Application for a marriage civil
union license shall be made by both of the parties individuals
upon a form provided for the purpose and shall contain the following
information:
(1) the full names name
of the parties and the sex of each party each individual;
(2) their post office addresses and county and state of residence;
(3) their full ages;
(4) if either party individual
has previously been married, the party's individual's married
name, and the date, place and court in which the marriage was dissolved or
annulled or the date and place of death of the former spouse;
(5) if either individual has previously
been a party to a civil union, the date of the civil union, and the place and
court in which the civil union was dissolved;
(6) if either party individual
is a minor, the name and address of the minor's parents or guardian;
(6) (7) whether the parties
individuals are related to each other, and, if so, their relationship;
(7) (8) the address of the bride
and groom individuals after the marriage civil union is
entered to which the local registrar shall send a certified copy of the marriage
certificate civil union contract;
(8) (9) the full names
the parties name each individual will have after marriage the
civil union contract is entered and the parties' each
individual's Social Security numbers number. The Social Security numbers must be collected
for the application but must not appear on the marriage license. If a party an individual listed
on a marriage application civil union application does not have a
Social Security number, the party individual must certify on the
application, or a supplement to the application, that the party individual
does not have a Social Security number;
(9) (10) if one or both of
the parties to the marriage license individuals has a felony
conviction under Minnesota law or the law of another state or federal
jurisdiction, the parties individuals shall provide to the county
proof of service upon the prosecuting authority and, if applicable, the attorney
general, as required by section 259.13; and
(10) (11) notice that a
party an individual who has a felony conviction under Minnesota law
or the law of another state or federal jurisdiction may not use a different
name after marriage the civil union is entered except as
authorized by section 259.13, and that doing so is a gross misdemeanor.
Subd. 1b. Term
of license; fee; premarital education.
(a) The local registrar shall examine upon oath the parties individuals
applying for a license relative to the legality of the contemplated marriage
civil union. If one party individual
is unable to appear in person, the party individual appearing may
complete the absent applicant's information.
The local registrar shall provide a copy of the marriage
application to the party individual who is unable to appear, who
must verify the accuracy of the appearing party's individual's
information in a notarized statement. The
marriage license must not be released until the verification statement
has been received by the local registrar.
If at the expiration of a five-day period, on being satisfied that there
is no legal impediment to it, including the restriction contained in section
259.13, the local registrar shall issue the license, containing the full names
of the parties individuals before and after marriage the
civil union is entered, and county and state of residence, with the county
seal attached, and make a record of the date of issuance. The license shall be valid for a period of
six months. Except as provided in
paragraph (c), the local registrar shall collect from the applicant a fee of
$115 for administering the oath, issuing, recording, and filing all papers
required, and preparing and transmitting to the state registrar of vital
statistics the reports of marriage a civil union required by this
section. If the license should not be
used within the period of six months due to illness or other extenuating
circumstances, it may be surrendered to the local registrar for cancellation,
and in that case a new license shall issue upon request of the parties individuals
of the original license without fee. A
local registrar who knowingly issues or signs a marriage license in any
manner other than as provided in this section shall pay to the parties individuals
aggrieved an amount not to exceed $1,000.
(b) In case of emergency or extraordinary circumstances, a judge of the district court of the county in which the application is made may authorize the license to be issued at any time before expiration of the five-day period required under paragraph (a). A waiver of the five-day waiting period must be in the following form:
STATE OF MINNESOTA, COUNTY OF .................... (insert county name)
APPLICATION FOR WAIVER OF MARRIAGE CIVIL
UNION LICENSE WAITING PERIOD:
................................................................................. (legal names of the applicants)
Represent and state as follows:
That on ......................... (date of
application) the applicants applied to the local registrar of the above-named
county for a license to marry for a civil union.
That it is necessary that the license be issued before the expiration of five days from the date of the application by reason of the following: (insert reason for requesting waiver of waiting period)
.............................................................................................................
.............................................................................................................
.............................................................................................................
WHEREAS, the applicants request that the
judge waive the required five-day waiting period and the local registrar be
authorized and directed to issue the marriage grant the civil union
license immediately.
Date: .............................
.............................................................................................................
.............................................................................................................
(Signatures of applicants)
Acknowledged before me on this ....... day of .................... .
..........................................
NOTARY PUBLIC
COURT ORDER AND AUTHORIZATION:
STATE OF MINNESOTA, COUNTY OF .................... (insert county name)
After reviewing the above application, I am
satisfied that an emergency or extraordinary circumstance exists that justifies
the issuance of the marriage civil union license before the
expiration of five days from the date of the application. IT IS HEREBY ORDERED that the local registrar
is authorized and directed to issue the license forthwith.
.....................................................
................................................... (judge of district court)
................................................... (date).
(c) The marriage license fee
for parties who have completed at least 12 hours of premarital education is $40. In order to qualify for the reduced license
fee, the parties must submit at the time of applying for the marriage license a
statement that is signed, dated, and notarized or marked with a church seal
from the person who provided the premarital education on their letterhead
confirming that it was received. The
premarital education must be provided by a licensed or ordained minister or the
minister's designee, a person authorized to solemnize marriages under section
517.18, or a person authorized to practice marriage and family therapy under
section 148B.33. The education must
include the use of a premarital inventory and the teaching of communication and
conflict management skills.
(d) The statement from the person who
provided the premarital education under paragraph (c) must be in the following
form:
"I,
.......................... (name of educator), confirm that
.......................... (names of both parties) received at least 12 hours
of premarital education that included the use of a premarital inventory and the
teaching of communication and conflict management skills. I am a licensed or ordained minister, a
person authorized to solemnize marriages under Minnesota Statutes, section
517.18, or a person licensed to practice marriage and family therapy under
Minnesota Statutes, section 148B.33."
The names of the parties in the
educator's statement must be identical to the legal names of the parties as
they appear in the marriage license application. Notwithstanding section 138.17, the educator's
statement must be retained for seven years, after which time it may be
destroyed.
(e) (c) If section 259.13
applies to the request for a marriage civil union license, the
local registrar shall grant the marriage civil union license
without the requested name change. Alternatively,
the local registrar may delay the granting of the marriage civil
union license until the party individual with the conviction:
(1) certifies under oath that 30 days have passed since service of the notice for a name change upon the prosecuting authority and, if applicable, the attorney general and no objection has been filed under section 259.13; or
(2) provides a certified copy of the court
order granting it. The parties individuals
seeking the marriage license shall have the right to choose to have the
license granted without the name change or to delay its granting pending
further action on the name change request.
Subd. 1c. Disposition
of license fee. (a) Of the marriage
civil union contract license fee collected pursuant to subdivision 1b,
paragraph (a), $25 must be retained by the county. The local registrar must pay $90 to the
commissioner of management and budget to be deposited as follows:
(1) $55 in the general fund;
(2) $3 in the state government special revenue fund to be appropriated to the commissioner of public safety for parenting time centers under section 119A.37;
(3) $2 in the special revenue fund to be appropriated to the commissioner of health for developing and implementing the MN ENABL program under section 145.9255;
(4) $25 in the special revenue fund is appropriated to the commissioner of employment and economic development for the displaced homemaker program under section 116L.96; and
(5) $5 in the special revenue fund, which is appropriated to the Board of Regents of the University of Minnesota for the Minnesota couples on the brink project under section 137.32.
(b) Of the $40 fee under subdivision 1b, paragraph (b), $25 must be retained by the county. The local registrar must pay $15 to the commissioner of management and budget to be deposited as follows:
(1) $5 as provided in paragraph (a), clauses (2) and (3); and
(2) $10 in the special revenue fund is appropriated to the commissioner of employment and economic development for the displaced homemaker program under section 116L.96.
Subd. 4. Report. The local registrar of each county shall
annually report to the Department of Health the number of marriage
licenses issued in the county for which the fee in subdivision 1b, paragraph
(a), was paid and the number for which the fee in subdivision 1b, paragraph
(b), was paid.
Sec. 7. Minnesota Statutes 2012, section 517.10, is amended to read:
517.10
CERTIFICATE; WITNESSES.
The person solemnizing a marriage local
registrar of each county shall prepare and sign a certificate. The certificate shall contain the full names
of the parties individuals before and after marriage the
civil union contract, the birth dates of the parties individuals,
and county and state of residences of the parties individuals and
the date and place of the marriage civil union. The certificate shall also contain the
signatures of at least two of the witnesses present at the marriage time
the civil union contract was signed, who shall be at least 16 years of age. The person solemnizing the marriage registrar
shall immediately make a record of such marriage civil union contract,
and file such certificate with the local registrar of the county in which
the license was issued within five days after the ceremony civil
union contract was signed. The local
registrar shall record such certificate in the county marriage civil
union records.
Sec. 8. Minnesota Statutes 2012, section 517.101, is amended to read:
517.101
CERTIFIED COPIES OF MARRIAGE CERTIFICATE.
Within ten days of receipt of the
certificate and after recording the certificate the local registrar shall
prepare a certified copy of the certificate to be mailed to the married
parties individuals subject to the civil union contract.
Sec. 9. Minnesota Statutes 2012, section 517.20, is amended to read:
517.20
APPLICATION.
Except as provided in section 517.03,
subdivision 1, paragraph (b), (a) All marriages and civil unions
contracted within this state prior to March 1, 1979 or outside this
state that were valid at the time of the contract or subsequently validated by
the laws of the place in which they were contracted or by the domicile of the parties
individuals are valid in this state.
(b) Marriages that are valid under
paragraph (a) are treated as civil union contracts under this chapter and the
laws of the state of Minnesota.
Sec. 10. [517.22]
MARRIAGE BY RELIGIOUS INSTITUTION NOT PROHIBITED.
(a) Nothing in this chapter prohibits a
religious institution or cultural group from performing a ceremony of marriage
according to any applicable rules or customs of the institution or group. A licensed or ordained minister may be a
witness to the signing of a civil union contract as required by section 517.10.
(b) Notwithstanding a marriage
ceremony performed by a religious institution or cultural group, the
individuals participating in that ceremony are not entitled to the rights,
benefits, or privileges of Minnesota law resulting from a civil union contract
until such civil union contract is lawfully signed and entered as provided in
this chapter.
(c) This chapter does not alter or
affect the protections or exemptions provided in chapter 363A for a religious
association, educational institution, business, labor union, place of public
accommodation, employer, or other person.
This chapter does not affect the exemptions provided in section 363A.26.
Sec. 11. [517.23]
MEANING OF CIVIL UNION CONTRACT.
Wherever the term "marriage,"
"marital," "marry," or "married" is used in
Minnesota statute in reference to the rights, obligations, or privileges of a
couple under law, the term shall include a civil union contract, or individuals
subject to a civil union contract, as established by this chapter. A term subject to this definition must also
be interpreted in reference to the context in which it appears, but may not be
interpreted to limit or exclude any individual who has entered a valid civil
union contract under this chapter.
Sec. 12. [517.24]
EFFECT ON FEDERAL LAW AND IN OTHER JURISDICTIONS.
To the extent that the term
"marriage" is given legal effect in federal law or the law of another
jurisdiction, a Minnesota civil union is the equivalent of a marriage and
individuals who have entered into a civil union contract shall be treated as
"spouses" or shall be treated as "husband" and
"wife" for purposes of application to those laws.
Sec. 13. REPEALER.
Minnesota Statutes 2012, sections
517.04; 517.041; 517.05; 517.06; 517.09; 517.13; 517.14; 517.15; 517.16; and
517.18, are repealed.
Sec. 14. EFFECTIVE
DATE.
Sections 1 to 13 are effective August 1, 2013, and apply to civil union contracts applied for on or after that date. After August 1, 2013, the local registrar of each county is prohibited from accepting or processing an application for a marriage license that is inconsistent with the requirements of this act."
Amend the title accordingly
A roll call was requested and properly
seconded.
The question was taken on the Kelly and
Kieffer amendment and the roll was called.
There were 22 yeas and 111 nays as follows:
Those who voted in the affirmative were:
Anderson, M.
Dill
Erickson, R.
FitzSimmons
Garofalo
Gunther
Hamilton
Hertaus
Hoppe
Howe
Kelly
Kieffer
Leidiger
Loon
McNamara
Norton
O'Neill
Pugh
Theis
Torkelson
Uglem
Ward, J.E.
Those who voted in the negative were:
Abeler
Albright
Allen
Anderson, P.
Anderson, S.
Anzelc
Atkins
Barrett
Beard
Benson, J.
Benson, M.
Bernardy
Bly
Brynaert
Carlson
Clark
Cornish
Daudt
Davids
Davnie
Dean, M.
Dehn, R.
Dettmer
Dorholt
Drazkowski
Erhardt
Fabian
Falk
Faust
Fischer
Franson
Freiberg
Fritz
Green
Gruenhagen
Hackbarth
Halverson
Hansen
Hausman
Hilstrom
Holberg
Hornstein
Hortman
Huntley
Isaacson
Johnson, B.
Johnson, C.
Johnson, S.
Kahn
Kiel
Kresha
Laine
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Lohmer
Mack
Mahoney
Mariani
Marquart
Masin
McDonald
McNamar
Melin
Metsa
Moran
Morgan
Mullery
Murphy, E.
Murphy, M.
Myhra
Nelson
Newberger
Newton
Nornes
O'Driscoll
Paymar
Pelowski
Peppin
Persell
Petersburg
Poppe
Quam
Radinovich
Rosenthal
Runbeck
Sanders
Savick
Sawatzky
Schoen
Schomacker
Scott
Selcer
Simon
Simonson
Slocum
Sundin
Swedzinski
Urdahl
Wagenius
Ward, J.A.
Wills
Winkler
Woodard
Yarusso
Zellers
Zerwas
Spk. Thissen
The
motion did not prevail and the amendment was not adopted.
H. F. No. 1054, A
bill for an act relating to marriage; providing for civil marriage between two
persons; providing for exemptions and protections based on religious
association; amending Minnesota Statutes 2012, sections 363A.26; 517.01;
517.03, subdivision 1; 517.08, subdivision 1a; 517.09; 518.07; proposing coding
for new law in Minnesota Statutes, chapter 517.
The bill was read for the third time, as
amended, and placed upon its final passage.
The question was taken on the passage of
the bill and the roll was called. There
were 75 yeas and 59 nays as follows:
Those who voted in the affirmative were:
Allen
Anzelc
Atkins
Benson, J.
Bernardy
Bly
Brynaert
Carlson
Clark
Davnie
Dehn, R.
Dill
Dorholt
Erhardt
Erickson, R.
Falk
Faust
Fischer
FitzSimmons
Freiberg
Garofalo
Halverson
Hansen
Hausman
Hilstrom
Hornstein
Hortman
Huntley
Isaacson
Johnson, C.
Johnson, S.
Kahn
Kieffer
Laine
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Loon
Mahoney
Mariani
Marquart
Masin
McNamar
Melin
Metsa
Moran
Morgan
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Norton
Paymar
Pelowski
Persell
Poppe
Radinovich
Rosenthal
Savick
Schoen
Selcer
Simon
Simonson
Slocum
Sundin
Wagenius
Ward, J.A.
Ward, J.E.
Winkler
Yarusso
Spk. Thissen
Those who voted in the negative were:
Abeler
Albright
Anderson, M.
Anderson, P.
Anderson, S.
Barrett
Beard
Benson, M.
Cornish
Daudt
Davids
Dean, M.
Dettmer
Drazkowski
Erickson, S.
Fabian
Franson
Fritz
Green
Gruenhagen
Gunther
Hackbarth
Hamilton
Hertaus
Holberg
Hoppe
Howe
Johnson, B.
Kelly
Kiel
Kresha
Leidiger
Lohmer
Mack
McDonald
McNamara
Myhra
Newberger
Nornes
O'Driscoll
O'Neill
Peppin
Petersburg
Pugh
Quam
Runbeck
Sanders
Sawatzky
Schomacker
Scott
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Wills
Woodard
Zellers
Zerwas
The bill was
passed, as amended, and its title agreed to.
REPORT FROM THE COMMITTEE ON
RULES
AND LEGISLATIVE ADMINISTRATION
Murphy, E., from the Committee on Rules
and Legislative Administration, pursuant to rules 1.21 and 3.33, designated the
following bills to be placed on the Calendar for the Day for Monday, May 13,
2013 and established a prefiling requirement for amendments offered to the
following bills:
H. F. No. 335;
S. F. No. 1307; and H. F. Nos. 1604 and 1067.
MOTIONS AND RESOLUTIONS
Quam moved that the name of Kahn be added
as an author on H. F. No. 653.
The motion prevailed.
Bly moved that his name be stricken as an
author on H. F. No. 799.
The motion prevailed.
Clark moved that the name of Falk be added
as an author on H. F. No. 1054.
The motion prevailed.
Clark moved that the name of Loeffler be
added as an author on H. F. No. 1191. The motion prevailed.
ADJOURNMENT
Murphy, E., moved that when the House
adjourns today it adjourn until 10:00 a.m., Friday, May 10, 2013. The motion prevailed.
Murphy, E., moved that the House
adjourn. The motion prevailed, and the
Speaker declared the House stands adjourned until 10:00 a.m., Friday, May 10,
2013.
Albin
A. Mathiowetz,
Chief Clerk, House of Representatives