HOUSE BILL No. 4400
March 4, 1997, Introduced by Reps. Curtis, Nye, McBryde, Cropsey, Jelinek, McNutt, Gernaat, Walberg, Raczkowski, Goschka, Horton, Jansen, Olshove, LaForge, Varga, Dalman, Bankes and Johnson and referred to the Committee on Judiciary.
A bill to amend 1887 PA 128, entitled
"An act establishing the minimum ages for contracting marriages,
for the requiring of a civil license in order to marry, and the
due registration of the same, and to provide a penalty for the
violation of the provisions of the same,"
by amending sections 3 and 3a (MCL 551.103 and 551.103a), 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 SEC. 2A. (1) EXCEPT AS PROVIDED IN SUBSECTION (3), A MAN
2 AND A WOMAN WHO INTEND TO APPLY FOR A MARRIAGE LICENSE SHALL
3 TOGETHER COMPLETE A PROGRAM IN PREMARITAL EDUCATION OR COUNSELING
4 AS PRESCRIBED IN SECTION 2B. THE INDIVIDUALS APPLYING FOR THE
5 MARRIAGE LICENSE SHALL VERIFY COMPLETION OF THE PROGRAM BY A
6 STATEMENT TO THAT EFFECT IN THE APPLICATION AFFIDAVIT AND BY
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1 FILING WITH THE APPLICATION A CERTIFICATE OF COMPLETION FROM THE
2 PROGRAM ADMINISTRATOR.
3 (2) EXCEPT AS PROVIDED IN SUBSECTION (3), IF AN INDIVIDUAL
4 WHO IS INTENDING TO APPLY FOR A MARRIAGE LICENSE IS LESS THAN 18
5 YEARS OF AGE, BOTH PARTIES APPLYING FOR THE LICENSE AND AT LEAST
6 1 PARENT OR GUARDIAN OF EACH PARTY WHO IS A MINOR SHALL COMPLETE
7 AND VERIFY A PROGRAM OF PREMARITAL EDUCATION OR COUNSELING AS
8 PRESCRIBED IN SECTION 2B. THE PARENT'S OR GUARDIAN'S ATTENDANCE
9 REQUIREMENT PRESCRIBED BY THIS SUBSECTION DOES NOT APPLY IF THE
10 MINOR WHO INTENDS TO APPLY FOR A MARRIAGE LICENSE IS EMANCIPATED
11 AS PROVIDED IN 1968 PA 293, MCL 722.1 TO 722.6.
12 (3) AN INDIVIDUAL APPLYING FOR A MARRIAGE LICENSE MAY CHOOSE
13 NOT TO COMPLY WITH THIS SECTION. IF EITHER PARTY TO A MARRIAGE
14 LICENSE APPLICATION DOES NOT COMPLY WITH THIS SECTION, THE LONGER
15 WAITING PERIOD IN SECTION 3A APPLIES.
16 SEC. 2B. (1) A PREMARITAL EDUCATION OR COUNSELING PROGRAM
17 REQUIRED BY SECTION 2A SHALL BE CONDUCTED ONLY BY 1 OR MORE OF
18 THE FOLLOWING:
19 (A) A LICENSED PROFESSIONAL COUNSELOR, LICENSED MARRIAGE AND
20 FAMILY THERAPIST, OR LICENSED OR LIMITED LICENSED PSYCHOLOGIST
21 LICENSED AS PROVIDED IN ARTICLE 15 OF THE PUBLIC HEALTH CODE,
22 1978 PA 368, MCL 333.16101 TO 333.18838.
23 (B) A SOCIAL WORKER OR CERTIFIED SOCIAL WORKER MEETING THE
24 REQUIREMENTS OF AND REGISTERED UNDER, RESPECTIVELY, SECTION 1605
25 OR 1606 OF THE OCCUPATIONAL CODE, 1980 PA 299, MCL 339.1605 AND
26 339.1606.
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1 (C) A PSYCHIATRIST AS THAT TERM IS DEFINED IN SECTION 100C
2 OF THE MENTAL HEALTH CODE, 1974 PA 258, MCL 330.1100C.
3 (D) AN OFFICIAL REPRESENTATIVE OF A RELIGIOUS INSTITUTION OR
4 HIS OR HER DESIGNEE.
5 (2) EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, A PROGRAM
6 REQUIRED BY SECTION 2A SHALL INCLUDE, BUT IS NOT LIMITED TO,
7 TRAINING FOR COUPLES INTENDING TO MARRY COVERING THE FOLLOWING
8 TOPICS:
9 (A) CONFLICT MANAGEMENT.
10 (B) COMMUNICATION SKILLS.
11 (C) FINANCIAL RESPONSIBILITIES.
12 (D) CHILDREN AND PARENTING RESPONSIBILITIES.
13 (E) IF 1 OF THE PARTIES IS A MINOR, BOTH OF THE FOLLOWING:
14 (i) MINORS AND MARRIAGE.
15 (ii) EXTENDED FAMILY ROLES AND THE MARRIAGE.
16 (3) IF THE INDIVIDUAL CONDUCTING A PROGRAM DESCRIBED IN THIS
17 SECTION IS AN OFFICIAL REPRESENTATIVE OF A RELIGIOUS INSTITUTION
18 OR HIS OR HER DESIGNEE, THE PROGRAM MAY OMIT TRAINING COVERING A
19 TOPIC LISTED IN SUBSECTION (2) IF TRAINING ON THAT TOPIC WOULD
20 VIOLATE A TENET OF THE RELIGIOUS INSTITUTION.
21 (4) A PROGRAM PROVIDER SHALL OFFER A FEE SCHEDULE FOR THE
22 PROGRAM DESCRIBED IN THIS SECTION THAT ACCOMMODATES FAMILIES OF
23 VARIOUS FINANCIAL MEANS, INCLUDING ALLOWING PARTICIPATION BY
24 INDIGENT INDIVIDUALS FOR NO FEE. PAYMENT FOR AN EDUCATION OR
25 COUNSELING PROGRAM SHALL BE MADE DIRECTLY TO THE PROGRAM
26 PROVIDER.
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1 Sec. 3. (1) Every person who becomes AN INDIVIDUAL WHO IS
2 18 years of age shall be OR OLDER IS capable by law of
3 contracting marriage. Every person who becomes AN INDIVIDUAL
4 WHO IS 16 years of age but is less than 18 years of age shall
5 be IS capable of contracting marriage with the written consent
6 of 1 of the parents of the person INDIVIDUAL or the person's
7 INDIVIDUAL'S legal guardian, as provided in this section. As
8 proof of age, the party to the intended marriage, in addition to
9 the statement of age in the application, when requested by the
10 county clerk, shall submit a birth certificate or other proof of
11 age.
12 (2) The county clerk on the application made shall fill out
13 the blank spaces of the license according to the sworn answers of
14 the applicant, taken before the county clerk, or some person duly
15 authorized by law to administer oaths. When it appears from the
16 affidavit that either the applicant is applying for a license for
17 the marriage to a person AN INDIVIDUAL who has not become 18
18 years of age or that the applicant has not become 18 years of
19 age, or both persons INDIVIDUALS applying for a license are
20 less than 18 years of age, the county clerk shall require that
21 there first be produced the written consent of 1 of the parents
22 of each of the persons INDIVIDUALS who is less than 18 years of
23 age or of the person's INDIVIDUAL'S legal guardian to the mar-
24 riage and to the issuing of the license for which application is
25 made. The consent shall be given personally in the presence of
26 the county clerk or be acknowledged before a notary public or
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1 other officer authorized to administer oaths unless the person
2 INDIVIDUAL does not have a living parent or guardian.
3 (3) A license shall not be issued by the county clerk until
4 the requirements of SECTION 2A AND this section are complied
5 with. The written consent shall be preserved on file in the
6 office of the county clerk. If the parties are legally entitled
7 to be married, the county clerk shall sign the license and cer-
8 tify the fact that it is properly issued, and the clerk shall
9 make a correct copy of the license in the books of registration.
10 (4) (2) A fee of $20.00 shall be paid by the party apply-
11 ing for the license, which shall be paid by the county clerk into
12 the general fund of the county. The county board of commission-
13 ers shall allocate $15.00 of each fee collected to the circuit
14 court for family counseling services, which shall include coun-
15 seling for domestic violence and child abuse. If family counsel-
16 ing services are not established in the county, the circuit court
17 may use the money allocated to contract with public or private
18 agencies providing similar services. Funds MONEY allocated to
19 the circuit court pursuant to BY this section which are THAT
20 IS not expended shall be returned to the general fund of the
21 county to be held in escrow until circuit court family counseling
22 services are established pursuant to Act No. 155 of the Public
23 Acts of 1964, as amended, being sections 551.331 to 551.344 of
24 the Michigan Compiled Laws UNDER THE CIRCUIT COURT FAMILY COUN-
25 SELING SERVICES ACT, 1964 PA 155, MCL 551.331 TO 551.344. A pro-
26 bate court may order the county clerk to waive the marriage
27 license fee in cases in which the fee would result in undue
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1 hardship. If both parties named in the application are
2 nonresidents of the state, an additional fee of $10.00 shall be
3 paid by the party applying for the license, which shall be depos-
4 ited by the county clerk into the general fund of the county.
5 (5) The county clerk shall give the license filled out and
6 signed, together with the blank form of certificate, to the party
7 applying, for delivery to the clergyman or magistrate who is to
8 officiate at the marriage. On the return of the license to the
9 county clerk, with the certificate of the clergyman or magistrate
10 that the marriage has been performed, the county clerk shall
11 record in the book of registration in the proper place of entry
12 the information prescribed by the director of public health. The
13 licenses and certificates issued and returned shall be forwarded
14 to the state registrar appointed by the director of public health
15 on the forms and in the manner prescribed by the director.
16 (6) (3) A charter county which THAT has a population of
17 over 2,000,000 may impose by ordinance a marriage license fee or
18 nonresident marriage license fee, or both, different in amount
19 than the fee prescribed by subsection (2) (4). The charter
20 county shall allocate the fee for family counseling services as
21 prescribed by subsection (2) (4). A charter county shall not
22 impose a fee which THAT is greater than the cost of the service
23 for which the fee is charged.
24 Sec. 3a. (1) A license to marry shall not be delivered
25 within a period of 3 days including the date of application.
26 However, the county clerk of each county, for good and sufficient
27 cause shown, may deliver the license immediately following the
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1 application. A marriage license issued UNDER THIS SUBSECTION is
2 void unless a marriage is solemnized under the license within 33
3 days after the application. THIS SUBSECTION DOES NOT APPLY IF
4 SUBSECTION (2) APPLIES.
5 (2) IF A PARTY TO A MARRIAGE LICENSE APPLICATION DOES NOT
6 COMPLY WITH SECTION 2A, THE CLERK SHALL NOT DELIVER THE MARRIAGE
7 LICENSE WITHIN 60 DAYS AFTER THE DATE OF THE APPLICATION. A MAR-
8 RIAGE LICENSE ISSUED UNDER THIS SUBSECTION IS VOID UNLESS A MAR-
9 RIAGE IS SOLEMNIZED UNDER THE LICENSE WITHIN 93 DAYS AFTER THE
10 APPLICATION.
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