HB-5467, As Passed House, May 19, 2004

SUBSTITUTE FOR

HOUSE BILL NO. 5467

                                                                             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                        

registration; 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 act  establishing to establish the minimum ages for                            

3   contracting marriages; to establish premarital education; to                

4   require a civil license in order to marry and its registration;             

5   to provide for the implementation of federal law; and to provide            

6   a penalty for the violation of this act.                                    

7       Sec. 2.  (1) Blank forms for a marriage license and                         

House Bill No. 5467 (H-1) as amended May 19, 2004

1   certificate shall be prepared and furnished by the state                    

2   registrar appointed by the director of the department of                    

3   community health to  the each county  clerks clerk of this                

4   state in  quantities the quantity needed.  The blank  forms

5   form for a license and certificate shall be made in duplicate and           

6   shall provide spaces for the entry of identifying information of            

7   the parties and other items prescribed by statute and in rules              

8   promulgated by the director of the department of community                  

9   health.  The state registrar shall furnish to  all the each

10  county  clerks clerk of this state blank application forms  of             

11  an affidavit that include a sworn statement containing the                 

12  requisite allegations, under the laws of this state, of the                 

13  competency of the parties to unite in the bonds of matrimony[., and

14  as required to comply with federal law, containing a space                  

15  requiring each applicant's social security number.]

16  (2) A party applying for a license to marry shall make and                  

17  file the application in the form of  an affidavit a sworn                  

18  statement with the county clerk as a basis for issuing the                  

19  license.  The license shall be made a matter of record and shall            

20  be transmitted to the department of community health in the                 

21  manner prescribed by the state registrar.[  The state registrar

22  shall not require an applicant's social security number to be               

23  displayed on the marriage license.                                          

24    (2)  A person shall not disclose, in a manner not                               

25  authorized by law or rule, a social security number collected as            

26  required by this section.  A violation of this subsection is a              

27  misdemeanor punishable by imprisonment for not more than 90 days            

House Bill No. 5467 (H-1) as amended May 19, 2004

1   or a fine of not more than $500.00, or both.  A second or                   

2   subsequent violation of this subsection is a felony punishable by           

3   imprisonment for not more than 4 years or a fine of not more than           

4   $2,000.00, or both.                                                         

5     (3)  A requirement under this section to include a                              

6   social security number on an application does not apply to an               

7   applicant who demonstrates he or she is exempt under law from               

8   obtaining a social security number or to an applicant who for               

9   religious convictions is exempt under law from disclosure of his            

10  or her social security number under these circumstances.  The               

11  county clerk shall inform the applicant of this possible                    

12  exemption. ]

13  Sec. 2a.  (1) Except as provided in subsection (3), a man                   

14  and a woman who intend to apply for a marriage license shall                

15  together complete a program in premarital education as prescribed           

16  in section 2b.  The individuals applying for the marriage license           

17  shall verify completion of the premarital education program by a            

18  statement to that effect in the application sworn statement and             

19  by filing with the application a certificate of completion from             

20  the program administrator.                                                  

21      (2) Except as provided in subsection (3), if an individual                  

22  who is intending to apply for a marriage license is less than 18            

23  years of age, both parties applying for the license and at least            

24  1 parent or guardian of each party who is a minor shall complete            

25  and verify a program of premarital education as prescribed in               

26  section 2b.  The parent's or guardian's attendance requirement              

27  prescribed by this subsection does not apply if the minor who               

House Bill No. 5467 (H-1) as amended May 19, 2004

1   intends to apply for a marriage license is emancipated as                   

2   provided in 1968 PA 293, MCL 722.1 to 722.6.                                

3       (3) An individual applying for a marriage license may choose                

4   not to comply with this section.  If either party to a marriage             

5   license application does not comply with this section, a longer             

6   waiting period applies as provided in section 3a. [This section and the longer waiting period prescribed by section 3a do not apply if both the man and the woman applying for the marriage license are 50 years of age or older.]

7   Sec. 2b.  (1) A premarital education program required by                    

8   section 2a shall meet all of the following criteria:                        

9       (a) The program shall emphasize skill-building strategies and               

10  shall include, at least, conflict management, communication                 

11  skills, financial matters, and, if the couple has or intends to             

12  have children, child and parenting responsibilities.                        

13      (b) The program shall be at least 4 hours long and shall be                 

14  conducted by 1 or more of the following:                                    

15                                                                               (i) A licensed professional counselor, licensed marriage and                        

16  family therapist, licensed or limited licensed psychologist, or             

17  certified social worker or social worker licensed or registered             

18  as required in article 15 of the public health code, 1978 PA 368,           

19  MCL 333.16101 to 333.18838.                                                 

20      (ii) A psychiatrist as that term is defined in section 100c                  

21  of the mental health code, 1974 PA 258, MCL 330.1100c.                      

22      (iii) An official representative of a religious institution.                 

23      (2) An individual who provides a premarital education program               

24  under this section may offer a fee schedule for the program                 

25  described in this section that accommodates families of various             

26  financial means, including allowing participation by indigent               

27  individuals for no fee.  Payment for a premarital education                 

1   program shall be made directly to the program provider.

2       Sec. 3.  (1)  Every person who becomes An individual who is

3   18 years of age  shall be or older is capable by law of                    

4   contracting marriage.   Every person who becomes An individual             

5   who is 16 years of age but is less than 18 years of age  shall              

6   be is capable of contracting marriage with the written consent             

7   of 1 of the parents of the  person individual or the  person's

8   individual's legal guardian, as provided in this section.  As               

9   proof of age, the party to the intended marriage, in addition to            

10  the statement of age in the application, when requested by the              

11  county clerk, shall submit a birth certificate or other proof of            

12  age.                                                                        

13  (2) The county clerk  on the application made  shall fill out               

14  the blank spaces of the license according to the sworn answers of           

15  the applicant, taken before the county clerk, or some person duly           

16  authorized by law to administer oaths.   When If it appears from           

17  the  affidavit that either sworn statement that the applicant is           

18  applying for a license for the marriage to  a person who has not            

19  become an individual who is not 18 years of age or older, that             

20  the applicant has not become 18 years of age, or that both                  

21  persons individuals applying for a license are less than 18               

22  years of age, the county clerk shall require that  there first be           

23  produced  the written consent of 1 of the parents of each  of the           

24  persons individual who is less than 18 years of age or of the              

25  person's individual's legal guardian be produced.  The consent            

26  shall be to the marriage and to the issuing of the license for              

27  which application is made.  The consent shall be given personally           

1   in the county clerk's presence  of the county clerk  or shall be            

2   acknowledged before a notary public or other officer authorized             

3   to administer oaths unless the  person individual does not have            

4   a living parent or guardian.                                                

5   (3) A county clerk shall not issue a marriage license to an                 

6   individual who fails to sign and file with the county clerk an              

7   application for a marriage license that includes a statement with           

8   a check-off box indicating that both parties to the intended                

9   marriage have or have not received premarital education.

10  (4) A license shall not be issued by the county clerk until                 

11  the requirements of section 2a and this section are complied                

12  with.  The written consent shall be preserved on file in the                

13  office of the county clerk.  If the parties are legally entitled            

14  to be married, the county clerk shall sign the license and                  

15  certify the fact that it is properly issued, and the clerk shall            

16  make a correct copy of the license in the books of registration.            

17  (5)  (2)  A fee of $20.00 shall be paid by the party applying               

18  for the license.  which shall be paid by the The county clerk              

19  shall pay the fee into the county general fund.  of the county.

20  The county board of commissioners shall allocate $15.00 of each             

21  fee collected to the circuit court for family counseling                    

22  services, which shall include counseling for domestic violence              

23  and child abuse.  If family counseling services are not                     

24  established in the county, the circuit court may use the money              

25  allocated to contract with public or private agencies providing             

26  similar services.   Funds Money allocated to the circuit court             

27  pursuant to by this section  which are that is not expended              

1   shall be returned to the county general fund  of the county  to             

2   be held in escrow until circuit court family counseling services            

3   are established  pursuant to Act No. 155 of the Public Acts of              

4   1964, as amended, being sections 551.331 to 551.344 of the                  

5   Michigan Compiled Laws under the circuit court family counseling           

6   services act, 1964 PA 155, MCL 551.331 to 551.344.  A probate               

7   court may order the county clerk to waive the marriage license              

8   fee in cases in which the fee would result in undue hardship.  If           

9   both parties named in the application are nonresidents of the               

10  state, an additional fee of $10.00 shall be paid by the party               

11  applying for the license, which shall be deposited by the county            

12  clerk into the county general fund.  of the county.

13  (6) The county clerk shall give the license filled out and                  

14  signed, together with the blank form of certificate, to the party           

15  applying, for delivery to the  clergyman cleric or magistrate              

16  who is to officiate at the marriage.  On the return of the                  

17  license to the county clerk, with the cleric's or magistrate's

18  certificate  of the clergyman or magistrate  that the marriage              

19  has been performed, the county clerk shall record in the book of            

20  registration in the proper place of entry the information                   

21  prescribed by the director of  public community health.  The               

22  licenses and certificates issued and returned shall be forwarded            

23  to the state registrar appointed by the director of  public

24  community health on the forms and in the manner prescribed by the           

25  director.                                                                   

26  (7)  (3)  A charter county  which that has a population of                 

27  over 2,000,000 may impose by ordinance a marriage license fee or            

1   nonresident marriage license fee, or both, different in amount              

2   than from the fee prescribed by subsection  (2) (5).  The                

3   charter county shall allocate the fee for family counseling                 

4   services as prescribed by subsection  (2) (5).  A charter county           

5   shall not impose a fee  which that is greater than the cost of             

6   the service for which the fee is charged.                                   

7       Sec. 3a.  (1) A license to marry shall not be delivered                     

8   within a period of 3 days including the date of application.                

9   However, the county clerk of each county, for good and                     

10  sufficient cause shown, may deliver the license immediately                 

11  following the application.  A marriage license issued under this            

12  subsection is void unless a marriage is solemnized under the                

13  license within 33 days after the application.  This subsection              

14  does not apply if subsection (2) applies.

15  (2) If a party to a marriage license application does not                   

16  comply with section 2a, the clerk shall not deliver the marriage            

17  license until at least 28 days after the date of the                        

18  application.  A marriage license issued under this subsection is            

19  void unless a marriage is solemnized under the license within 58            

20  days after the application.                                                 

21      (3) Notwithstanding subsection (1) or (2), for good and                     

22  sufficient reason shown, a county clerk may deliver a marriage              

23  license immediately following the application.  A marriage                  

24  license issued under this subsection is void unless a marriage is           

25  solemnized under the license within 33 days after the                       

26  application.

27      Enacting section 1.  This amendatory act takes effect on                    

1   October 1, 2004.