June 30, 2011, Introduced by Senators HUNTER, MOOLENAAR, GLEASON, GREEN, EMMONS, HILDENBRAND, CASWELL, MEEKHOF, JANSEN, JONES and KOWALL 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 the title and sections 3 and 3a (MCL 551.103 and
551.103a), the title as amended by 1998 PA 333 and sections 3 and
3a as amended by 2006 PA 578, and by adding sections 2a and 2b.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
TITLE
An
act establishing to
establish the minimum ages for
contracting marriages; to provide for premarital education; to
require
a civil license in order to marry and its the registration
of marriage licenses; to provide for the implementation of federal
law; and to provide a penalty for the violation of this act.
Sec. 2a. (1) Except as provided in subsection (3), a man and a
woman who intend to apply for a marriage license shall complete
together a program in premarital education as prescribed in section
2b. The individuals applying for the marriage license shall verify
completion of the premarital education program by a statement to
that effect in the affidavit furnished under section 2 and by
filing with the affidavit a certificate of completion from the
program administrator.
(2) Except as provided in subsection (3), if an individual who
is intending to apply for a marriage license is less than 18 years
of age, both parties applying for the license and at least 1 parent
or guardian of each party who is a minor shall complete and verify
completion of a premarital education program as prescribed in
section 2b. The parent's or guardian's attendance requirement
prescribed by this subsection does not apply if the minor who
intends to apply for a marriage license is emancipated as provided
in 1968 PA 293, MCL 722.1 to 722.6.
(3) An individual applying for a marriage license may choose
not to comply with this section. If either party to a marriage
license application does not comply with this section, a longer
waiting period applies as provided in section 3a. This section and
the longer waiting period prescribed in section 3a do not apply if
both the man and the woman applying for the marriage license are 50
years of age or older.
Sec. 2b. (1) A premarital education program required by
section 2a shall meet all of the following criteria:
(a) The program shall emphasize skill-building strategies and
shall include, at least, conflict management, communication skills,
financial matters, and, if the couple has or intends to have
children, child and parenting responsibilities.
(b) The program shall be at least 4 hours long and shall be
conducted by 1 or more of the following:
(i) A licensed professional counselor, licensed marriage and
family therapist, licensed or limited licensed psychologist, or a
social worker, licensed master's social worker, licensed bachelor's
social worker, or social service technician as prescribed under
article 15 of the public health code, 1978 PA 368, MCL 333.16101 to
333.18838.
(ii) A psychiatrist as that term is defined in section 100c of
the mental health code, 1974 PA 258, MCL 330.1100c.
(iii) An official representative of a religious institution.
(iv) A certified family life educator.
(2) An individual who provides a premarital education program
under this section may offer a fee schedule for the program
described in this section that accommodates families of various
financial means, including allowing participation by indigent
individuals for no fee. Payment for a premarital education program
shall be made directly to the program provider.
Sec.
3. (1) A person An
individual who is 18 years of age or
older
may contract marriage. A person An
individual who is 16 years
of
age but is less than 18 years of age may contract marriage with
the written consent of 1 of the parents of the person or the
person's legal guardian, as provided in this section. As proof of
age, the person who intends to be married, in addition to the
statement of age in the application, when requested by the county
clerk, shall submit a birth certificate or other proof of age.
(2) The county clerk on the application submitted shall fill
out the blank spaces of the license according to the sworn answers
of
the applicant, taken before the county clerk, or some person
duly
an individual authorized by law to administer oaths. If it
appears from the affidavit that either the applicant for a marriage
license
or the person whom individual
he or she intends to marry is
less than 18 years of age, the county clerk shall require that
there first be produced the written consent of 1 of the parents of
each
of the persons individuals
who is less than 18 years of age or
of
the person's individual's legal guardian, unless the person
individual does not have a living parent or guardian. The consent
shall be to the marriage and to the issuing of the license for
which the application is submitted. The consent shall be given
personally in the presence of the county clerk or be acknowledged
before a notary public or other officer authorized to administer
oaths.
(3) A county clerk shall not issue a marriage license to an
individual who fails to sign and file with the county clerk an
application for a marriage license that includes a statement with a
check-off box indicating that both parties to the intended marriage
have or have not received premarital education.
(4) A license shall not be issued by the county clerk until
the requirements of section 2a and this section are complied with.
The written consent shall be preserved on file in the office of the
county clerk. If the parties are legally entitled to be married,
the county clerk shall sign the license and certify the fact that
it is properly issued, and the clerk shall make a correct copy of
the license in the books of registration.
(5) (2)
A Subject to subsection (8),
a fee of $20.00 shall be
paid by the person applying for the license and shall be paid by
the county clerk into the general fund of the county. The county
board of commissioners shall allocate $15.00 of each fee collected
to the circuit court for family counseling services, which shall
include counseling for domestic violence and child abuse. If family
counseling services are not established in the county, the circuit
court may use the money allocated to contract with public or
private agencies providing similar services. Money allocated to the
circuit court pursuant to this section that is not expended shall
be returned to the general fund of the county to be held in escrow
until circuit court family counseling services are established
pursuant
to under the circuit court family counseling services act,
1964 PA 155, MCL 551.331 to 551.344. A probate court may order the
county clerk to waive the marriage license fee in cases in which
the fee would result in undue hardship. If both parties named in
the
application are nonresidents of the this state, the person
individual applying for the license shall pay an additional fee of
$10.00, which the county clerk shall deposit into the general fund
of the county.
(6) The county clerk shall give the license filled out and
signed,
together with the blank form of certificate, to the person
individual applying, for delivery to the individual who is to
officiate at the marriage.
(7) On the return to the county clerk of the
a license to
issued
by the county clerk ,
containing that contains the
signatures of the witnesses to the marriage, as required by section
4,
who shall be were at the time of the ceremony 18 years of age or
older, the individuals being married, and the individual
officiating at the marriage, with the certificate of the individual
officiating at the marriage that the marriage has been performed,
the county clerk shall record in the book of registration in the
proper place of entry the information prescribed by the director of
the department of community health. The licenses and certificates
issued and returned shall be forwarded to the state registrar
appointed by the director of the department of community health on
the forms and in the manner prescribed by the director.
(8) (3)
A charter county that has a
population of over more
than 2,000,000 may impose by ordinance a marriage license fee or
nonresident marriage license fee, or both, different in amount than
the
fee prescribed by subsection (2) (5). The charter county
shall
allocate the fee for family counseling services as prescribed by
subsection
(2) (5). A charter county shall not impose a fee that is
greater than the cost of the service for which the fee is charged.
Sec.
3a. (1) A Except
as provided in subsections (2) and (3),
a
marriage license shall not be delivered
within a period of 3 28
days after the application, including the date of application.
However,
the
(2) If the parties to a marriage license application comply
with section 2a, the county clerk may deliver a marriage license
immediately following the application. A marriage license issued
under this subsection is void unless a marriage is solemnized under
the license within 30 days after the application.
(3)
A county clerk, of
each county, for good and sufficient
cause
shown, may deliver the a
marriage license immediately
following the application. If the county clerk delivers the license
immediately following the application, the person applying for the
license shall pay a fee to be determined by the county board of
commissioners, which the county clerk shall deposit into the
general fund of the county.
(4) A Except
as provided in subsection (2), a marriage
license
issued is void unless a marriage is solemnized under the license
within
33 58 days after the application.
Enacting section 1. This amendatory act takes effect October
1, 2011.