September 22, 2010, Introduced by Reps. Agema, Genetski, Rick Jones, Haines, Kowall, Tyler and McMillin and referred to the Committee on 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 registration; to
provide for the implementation of federal law; and to provide a
penalty for the violation of this act,"
by amending section 2 (MCL 551.102), as amended by 2006 PA 578.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 2. (1) Blank forms for a marriage license and certificate
shall be prepared and furnished by the state registrar appointed by
the director of the department of community health to each county
clerk of this state in the quantity needed. The blank form for a
license and certificate shall be made in duplicate and shall
provide spaces for the entry of identifying information of the
parties and other items prescribed in rules promulgated by the
director of the department of community health. The state registrar
shall furnish to each county clerk of this state blank application
forms of an affidavit containing the requisite allegations, under
the laws of this state, of the competency of the parties to unite
in the bonds of matrimony, and as required to comply with federal
law, containing a space requiring each applicant's social security
number. A party applying for a license to marry shall make and file
the application in the form of an affidavit with the county clerk
as a basis for issuing the license. The county clerk may permit a
party applying for a marriage license to submit that application
electronically. If the county clerk accepts an electronically
submitted application, the clerk shall print the required
information from the application in the form of an affidavit and
have a party named in the application sign the affidavit in the
presence of the county clerk or a deputy clerk. The license shall
be made a matter of record and shall be transmitted to the
department of community health in the manner prescribed by the
state registrar. The state registrar shall not require an
applicant's social security number to be displayed on the marriage
license.
(2) A person shall not disclose, in a manner not authorized by
law or rule, a social security number collected as required by this
section. A violation of this subsection is a misdemeanor punishable
by imprisonment for not more than 90 days or a fine of not more
than $500.00, or both. A second or subsequent violation of this
subsection is a felony punishable by imprisonment for not more than
4 years or a fine of not more than $2,000.00, or both.
(3) A requirement under this section to include a social
security number on an application does not apply to an applicant
who demonstrates he or she is exempt under law from obtaining a
social security number or to an applicant who for religious
convictions is exempt under law from disclosure of his or her
social security number under these circumstances. The county clerk
shall inform the applicant of this possible exemption.
(4)
The Except as provided in
subsection (5), an application
required to be completed under subsection (1) is a nonpublic record
and is exempt from disclosure under the freedom of information act,
1976 PA 442, MCL 15.231 to 15.246. The application shall be made
available, upon request, to the persons named in the application.
(5) If a county clerk receives an application under subsection
(1) as to which an applicant claims to be exempt under subsection
(3) other than for religious convictions, the clerk shall report
the claim of exemption to the United States immigration and customs
enforcement.