HOUSE BILL No. 5164 October 9, 2001, Introduced by Reps. Voorhees, Vander Veen, Ehardt, Bradstreet, Kooiman, Hager, Birkholz, Kuipers, Gosselin, Pappageorge, DeWeese and Jansen and referred to the Committee on Civil Law and the Judiciary. A bill to amend 1887 PA 128, entitled "An act establishing the minimum ages for contracting marriages; to require a civil license in order to marry and its registra- tion; to provide for the implementation of federal law; and to provide a penalty for the violation of this act," by amending the title and sections 2, 3, and 3a (MCL 551.102, 551.103, and 551.103a), the title and section 2 as amended by 1998 PA 333, section 3 as amended by 1984 PA 346, and section 3a as amended by 1989 PA 270, and by adding sections 2a and 2b. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 TITLE 2 An actestablishingTO ESTABLISH the minimum ages for con- 3 tracting marriages; TO ESTABLISH PREMARITAL EDUCATION OR COUNSEL- 4 ING PROGRAMS; to require a civil license in order to marry and 5 its registration; to provide for the implementation of federal 6 law; and to provide a penalty for the violation of this act. 00003'01 * GWH 2 1 Sec. 2. (1) Blank forms for a marriage license and 2 certificate shall be prepared and furnished by the state regis- 3 trar appointed by the director of the department of community 4 health totheEACH countyclerksCLERK of this state in 5quantitiesTHE QUANTITY needed. The blankformsFORM for a 6 license and certificate shall be made in duplicate and shall pro- 7 vide spaces for the entry of identifying information of the par- 8 ties and other items prescribed BY STATUTE AND in rules promul- 9 gated by the director of the department of community health. The 10 state registrar shall furnish toall theEACH countyclerks11 CLERK of this state blank application formsof an affidavit12 THAT INCLUDE A SWORN STATEMENT containing the requisite allega- 13 tions, under the laws of this state, of the competency of the 14 parties to unite in the bonds of matrimony, and as required to 15 comply with federal law, containing a space requiring each 16 applicant's social security number. 17 (2) A party applying for a license to marry shall make and 18 file the application in the form ofan affidavitA SWORN 19 STATEMENT with the county clerk as a basis for issuing the 20 license. The license shall be made a matter of record and shall 21 be transmitted to the department of community health in the 22 manner prescribed by the state registrar. The state registrar 23 shall not require an applicant's social security number to be 24 displayed on the marriage license. 25 (3)(2)A person shall not disclose, in a manner not 26 authorized by law or rule, a social security number collected as 27 required by this section. A violation of this subsection is a 00003'01 * 3 1 misdemeanor punishable by imprisonment for not more than 90 days 2 or a fine of not more than $500.00, or both. A second or subse- 3 quent violation of this subsection is a felony punishable by 4 imprisonment for not more than 4 years or a fine of not more than 5 $2,000.00, or both. 6 (4)(3)A requirement under this section to include a 7 social security number on an application does not apply to an 8 applicant who demonstrates he or she is exempt under law from 9 obtaining a social security number or to an applicant who for 10 religious convictions is exempt under law from disclosure of his 11 or her social security number under these circumstances. The 12 county clerk shall inform the applicant of this possible 13 exemption. 14 SEC. 2A. (1) EXCEPT AS PROVIDED IN SUBSECTION (3), A MAN 15 AND A WOMAN WHO INTEND TO APPLY FOR A MARRIAGE LICENSE SHALL 16 TOGETHER COMPLETE A PROGRAM IN PREMARITAL EDUCATION OR COUNSELING 17 AS PRESCRIBED IN SECTION 2B. THE INDIVIDUALS APPLYING FOR THE 18 MARRIAGE LICENSE SHALL VERIFY COMPLETION OF THE PROGRAM BY A 19 STATEMENT TO THAT EFFECT IN THE APPLICATION SWORN STATEMENT AND 20 BY FILING WITH THE APPLICATION A CERTIFICATE OF COMPLETION FROM 21 THE PROGRAM ADMINISTRATOR. 22 (2) EXCEPT AS PROVIDED IN SUBSECTION (3), IF AN INDIVIDUAL 23 WHO IS INTENDING TO APPLY FOR A MARRIAGE LICENSE IS LESS THAN 18 24 YEARS OF AGE, BOTH PARTIES APPLYING FOR THE LICENSE AND AT LEAST 25 1 PARENT OR GUARDIAN OF EACH PARTY WHO IS A MINOR SHALL COMPLETE 26 AND VERIFY A PROGRAM OF PREMARITAL EDUCATION OR COUNSELING AS 27 PRESCRIBED IN SECTION 2B. THE PARENT'S OR GUARDIAN'S ATTENDANCE 00003'01 * 4 1 REQUIREMENT PRESCRIBED BY THIS SUBSECTION DOES NOT APPLY IF THE 2 MINOR WHO INTENDS TO APPLY FOR A MARRIAGE LICENSE IS EMANCIPATED 3 AS PROVIDED IN 1968 PA 293, MCL 722.1 TO 722.6. 4 (3) AN INDIVIDUAL APPLYING FOR A MARRIAGE LICENSE MAY CHOOSE 5 NOT TO COMPLY WITH THIS SECTION. IF EITHER PARTY TO A MARRIAGE 6 LICENSE APPLICATION DOES NOT COMPLY WITH THIS SECTION, A LONGER 7 WAITING PERIOD APPLIES AS PROVIDED IN SECTION 3A. 8 SEC. 2B. (1) A PREMARITAL EDUCATION OR COUNSELING PROGRAM 9 REQUIRED BY SECTION 2A SHALL MEET ALL OF THE FOLLOWING CRITERIA: 10 (A) THE PROGRAM SHALL EMPHASIZE SKILL-BUILDING STRATEGIES 11 AND SHALL INCLUDE, AT LEAST, CONFLICT MANAGEMENT, COMMUNICATION 12 SKILLS, FINANCIAL MATTERS, AND, IF THE COUPLE HAS OR INTENDS TO 13 HAVE CHILDREN, CHILD AND PARENTING RESPONSIBILITIES. 14 (B) THE PROGRAM SHALL BE AT LEAST 4 HOURS LONG AND SHALL BE 15 CONDUCTED BY 1 OR MORE OF THE FOLLOWING: 16 (i) A LICENSED PROFESSIONAL COUNSELOR, LICENSED MARRIAGE AND 17 FAMILY THERAPIST, LICENSED OR LIMITED LICENSED PSYCHOLOGIST, OR 18 CERTIFIED SOCIAL WORKER OR SOCIAL WORKER LICENSED OR REGISTERED 19 AS REQUIRED IN ARTICLE 15 OF THE PUBLIC HEALTH CODE, 1978 PA 368, 20 MCL 333.16101 TO 333.18838. 21 (ii) A PSYCHIATRIST AS THAT TERM IS DEFINED IN SECTION 100C 22 OF THE MENTAL HEALTH CODE, 1974 PA 258, MCL 330.1100C. 23 (iii) AN OFFICIAL REPRESENTATIVE OF A RELIGIOUS INSTITUTION 24 OR HIS OR HER DESIGNEE. 25 (2) A PROGRAM PROVIDER MAY OFFER A FEE SCHEDULE FOR THE PRO- 26 GRAM DESCRIBED IN THIS SECTION THAT ACCOMMODATES FAMILIES OF 27 VARIOUS FINANCIAL MEANS, INCLUDING ALLOWING PARTICIPATION BY 00003'01 * 5 1 INDIGENT INDIVIDUALS FOR NO FEE. PAYMENT FOR AN EDUCATION OR 2 COUNSELING PROGRAM SHALL BE MADE DIRECTLY TO THE PROGRAM 3 PROVIDER. 4 Sec. 3. (1)Every person who becomesAN INDIVIDUAL WHO IS 5 18 years of ageshall beOR OLDER IS capable by law of con- 6 tracting marriage.Every person who becomesAN INDIVIDUAL WHO 7 IS 16 years of age but is less than 18 years of ageshall beIS 8 capable of contracting marriage with the written consent of 1 of 9 the parents of thepersonINDIVIDUAL or theperson's10 INDIVIDUAL'S legal guardian, as provided in this section. As 11 proof of age, the party to the intended marriage, in addition to 12 the statement of age in the application, when requested by the 13 county clerk, shall submit a birth certificate or other proof of 14 age. 15 (2) The county clerkon the application madeshall fill 16 out the blank spaces of the license according to the sworn 17 answers of the applicant, taken before the county clerk, or some 18 person duly authorized by law to administer oaths. When it 19 appears from theaffidavit that eitherSWORN STATEMENT THAT the 20 applicant is applying for a license for the marriage toa21personAN INDIVIDUAL who has not become 18 years of age,or22 that the applicant has not become 18 years of age, or THAT both 23personsINDIVIDUALS applying for a license are less than 18 24 years of age, the county clerk shall require that there first be 25 produced the written consentofTO THE MARRIAGE BY 1 of the 26 parents of each of thepersonsINDIVIDUALS who is less than 18 27 years of age orofBY theperson'sINDIVIDUAL'S legal 00003'01 * 6 1 guardianto the marriageand to the issuing of the license for 2 which application is made. The consent shall be given personally 3 in the presence of the county clerk or be acknowledged before a 4 notary public or other officer authorized to administer oaths 5 unless thepersonINDIVIDUAL does not have a living parent or 6 guardian. 7 (3) A license shall not be issued by the county clerk until 8 the requirements of SECTION 2A AND this section are complied 9 with. The written consent shall be preserved on file in the 10 office of the county clerk. If the parties are legally entitled 11 to be married, the county clerk shall sign the license and cer- 12 tify the fact that it is properly issued, and the clerk shall 13 make a correct copy of the license in the books of registration. 14 (4)(2)A fee of $20.00 shall be paid by the party apply- 15 ing for the license, which shall be paid by the county clerk into 16 the COUNTY general fund.of the county.The county board of 17 commissioners shall allocate $15.00 of each fee collected to the 18 circuit court for family counseling services, which shall include 19 counseling for domestic violence and child abuse. If family 20 counseling services are not established in the county, the cir- 21 cuit court may use the money allocated to contract with public or 22 private agencies providing similar services.FundsMONEY allo- 23 cated to the circuit courtpursuant toBY this sectionwhich24areTHAT IS not expended shall be returned to the COUNTY general 25 fundof the countyto be held in escrow until circuit court 26 family counseling services are establishedpursuant to Act27No. 155 of the Public Acts of 1964, as amended, being sections00003'01 * 7 1551.331 to 551.344 of the Michigan Compiled LawsUNDER THE 2 CIRCUIT COURT FAMILY COUNSELING SERVICES ACT, 1964 PA 155, MCL 3 551.331 TO 551.344. A probate court may order the county clerk to 4 waive the marriage license fee in cases in which the fee would 5 result in undue hardship. If both parties named in the applica- 6 tion are nonresidents of the state, an additional fee of $10.00 7 shall be paid by the party applying for the license, which shall 8 be deposited by the county clerk into the COUNTY general fund. 9of the county.10 (5) The county clerk shall give the license filled out and 11 signed, together with the blank form of certificate, to the party 12 applying, for delivery to the clergyman or magistrate who is to 13 officiate at the marriage. On the return of the license to the 14 county clerk, with the certificate of the clergyman or magistrate 15 that the marriage has been performed, the county clerk shall 16 record in the book of registration in the proper place of entry 17 the information prescribed by the director ofpublicCOMMUNITY 18 health. The licenses and certificates issued and returned shall 19 be forwarded to the state registrar appointed by the director of 20publicCOMMUNITY health on the forms and in the manner pre- 21 scribed by the director. 22 (6)(3)A charter countywhichTHAT has a population of 23 over 2,000,000 may impose by ordinance a marriage license fee or 24 nonresident marriage license fee, or both, different in amount 25thanFROM the fee prescribed by subsection(2)(4). The 26 charter county shall allocate the fee for family counseling 27 services as prescribed by subsection(2)(4). A charter county 00003'01 * 8 1 shall not impose a feewhichTHAT is greater than the cost of 2 the service for which the fee is charged. 3 Sec. 3a. (1) A license to marry shall not be delivered 4 within a period of 3 days including the date of application. 5However, the county clerk of each county, for good and suffi-6cient cause shown, may deliver the license immediately following7the application.A marriage license issued UNDER THIS SUBSECTION 8 is void unless a marriage is solemnized under the license within 9 33 days after the application. THIS SUBSECTION DOES NOT APPLY IF 10 SUBSECTION (2) APPLIES. 11 (2) IF A PARTY TO A MARRIAGE LICENSE APPLICATION DOES NOT 12 COMPLY WITH SECTION 2A, THE CLERK SHALL NOT DELIVER THE MARRIAGE 13 LICENSE UNTIL AFTER THE EXPIRATION OF 27 DAYS AFTER THE DATE OF 14 THE APPLICATION. A MARRIAGE LICENSE ISSUED UNDER THIS SUBSECTION 15 IS VOID UNLESS A MARRIAGE IS SOLEMNIZED UNDER THE LICENSE WITHIN 16 63 DAYS AFTER THE APPLICATION. 17 (3) NOTWITHSTANDING SUBSECTION (1) OR (2), FOR GOOD AND SUF- 18 FICIENT REASON SHOWN, A COUNTY CLERK MAY DELIVER A MARRIAGE 19 LICENSE IMMEDIATELY FOLLOWING THE APPLICATION. A MARRIAGE 20 LICENSE ISSUED UNDER THIS SUBSECTION IS VOID UNLESS A MARRIAGE IS 21 SOLEMNIZED UNDER THE LICENSE WITHIN 33 DAYS AFTER THE 22 APPLICATION. 00003'01 * Final page. GWH