HOUSE BILL No. 4679


     April 23, 1997, Introduced by Rep. Brackenridge and referred to the Committee on Local Government.


        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 the title and 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.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1                                  TITLE

 2         An act  establishing  TO ESTABLISH the minimum ages for con-

 3    tracting marriages;  , for the requiring of a civil  TO REQUIRE A

 4    license in order to marry;  , and the due  TO ESTABLISH FEES; TO

 5    PROVIDE FOR THE registration of  the same,  MARRIAGES; and to

 6    provide  a penalty for the violation of the provisions of the

 7     same  FOR PENALTIES.



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 1         Sec. 3.  (1)  Every person who becomes  A PERSON 18 years of

 2    age  shall be  OR OLDER IS capable by law of contracting

 3    marriage.  Every person who becomes  A PERSON 16 years of age

 4     but is  OR OLDER BUT less than 18 years of age  shall be  IS

 5    capable of contracting marriage with the written consent of 1 of

 6    the parents of the person or the person's legal guardian, as pro-

 7    vided in this section.  As proof of age, the party to the

 8    intended marriage, in addition to the statement of age in the

 9    application, when requested by the county clerk, shall submit a

10    birth certificate or other proof of age.  The county clerk on the

11    application made shall fill out the blank spaces of the license

12    according to the sworn answers of the applicant, taken before the

13    county clerk, or some person duly authorized by law to administer

14    oaths.  When it appears from the affidavit that  either  the

15    applicant is applying for a license for  the  marriage to a

16    person who  has not become  IS LESS THAN 18 years of age,  or 

17    that the applicant  has not become  IS LESS THAN 18 years of age,

18    or THAT both persons applying for a license are less than 18

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

20    produced the written consent TO THE MARRIAGE AND TO THE ISSUANCE

21    OF THE LICENSE of 1 of the parents of each of the persons who is

22    less than 18 years of age or of the person's legal guardian.  to

23     the marriage and to the issuing of the license for which applica-

24     tion is made.  The consent shall be given personally in the pres-

25    ence of the county clerk or be acknowledged before a notary

26    public or other officer authorized to administer oaths.  unless 

27    CONSENT IS NOT REQUIRED FOR A PERSON IF the person does not have



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 1    a living parent or guardian.  A license shall not be issued by

 2    the county clerk until the requirements of this section are com-

 3    plied with.  The written consent shall be preserved on file in

 4    the office of the county clerk.  If the parties are legally enti-

 5    tled to be married, the county clerk shall sign the license and

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

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

 8         (2) A fee of  $20.00  $25.00 shall be paid by the party

 9    applying for the license  which  AND shall be paid by the county

10    clerk into the general fund of the county.  THE COUNTY BOARD OF

11    COMMISSIONERS SHALL ALLOCATE $5.00 OF EACH FEE COLLECTED FOR

12    UPGRADING TECHNOLOGY IN THE COUNTY CLERK'S OFFICE. The county

13    board of commissioners shall allocate $15.00 of each fee col-

14    lected to the circuit court for family counseling services, which

15    shall include counseling for domestic violence and child abuse.

16    If family counseling services are not established in the county,

17    the circuit court may use the money allocated to contract with

18    public or private agencies providing similar services.  Funds

19    allocated to the circuit court pursuant to this section which are

20    not expended shall be returned to the general fund of the county

21    to be held in escrow until circuit court family counseling serv-

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

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

24     Michigan Compiled Laws  THE CIRCUIT COURT FAMILY COUNSELING SERV-

25    ICES ACT, 1964 PA 155, MCL 551.331 TO 551.344.  A probate court

26    may order the county clerk to waive the marriage license fee in

27    cases in which the fee would result in undue hardship.  If both



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 1    parties named in the application are nonresidents of the state,

 2    an additional fee of  $10.00  $25.00 shall be paid by the party

 3    applying for the license which shall be deposited by the county

 4    clerk into the general fund of the county.  THE COUNTY BOARD OF

 5    COMMISSIONERS SHALL ALLOCATE $15.00 OF EACH ADDITIONAL FEE COL-

 6    LECTED UNDER THIS SECTION FOR UPGRADING TECHNOLOGY IN THE COUNTY

 7    CLERK'S OFFICE.

 8         (3) The county clerk shall give the license, filled out and

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

10    applying, for delivery to the clergyman, CLERGYWOMAN, or magis-

11    trate who is to officiate at the marriage.  On the return of the

12    license to the county clerk, with the certificate of the

13    clergyman, CLERGYWOMAN, or magistrate that the marriage has been

14    performed, the county clerk shall record in the book of registra-

15    tion in the proper place of entry the information prescribed by

16    the director of public health.  The licenses and certificates

17    issued and returned shall be forwarded to the state registrar

18    appointed by the director of public health on the forms and in

19    the manner prescribed by the director.

20         (4)  (3)  A charter county  which has  WITH a population of

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

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

23    than the fee prescribed by subsection (2).  The charter county

24    shall allocate the fee for UPGRADING TECHNOLOGY AND family coun-

25    seling services as prescribed by subsection (2).  A charter

26    county shall not impose a fee  which is  greater than the cost of

27    the service for which the fee is charged.



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

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

 3    However, the county clerk of each county, for good and sufficient

 4    cause shown, may deliver the license immediately following the

 5    application.  IF THE CLERK DELIVERS THE LICENSE IMMEDIATELY FOL-

 6    LOWING THE APPLICATION, THE PARTY APPLYING FOR THE LICENSE SHALL

 7    PAY AN ADDITIONAL FEE OF $10.00.  THE COUNTY CLERK SHALL PAY THE

 8    ADDITIONAL FEE INTO THE GENERAL FUND OF THE COUNTY.  THE COUNTY

 9    BOARD OF COMMISSIONERS SHALL ALLOCATE EACH ADDITIONAL FEE COL-

10    LECTED UNDER THIS SECTION FOR UPGRADING TECHNOLOGY IN THE COUNTY

11    CLERK'S OFFICE.

12         (2) A marriage license issued is void unless a marriage is

13    solemnized under the license within 33 days after the

14    application.





























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