September 29, 2004, Introduced by Rep. Koetje 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 3 (MCL 551.103), as amended by 1984 PA 346.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
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 of the
7 person's individual's legal guardian, as provided in
this
8 section. As proof of age, the party to the intended marriage, in
9 addition to the statement of age in the application, when
10 requested by the county clerk, shall submit a birth certificate
1 or other proof of age.
2 (2) The county
clerk on the application made shall fill out
3 the blank spaces of the license according to the sworn answers of
4 the applicant, taken
before the county clerk , or some person
5 duly authorized by law to
administer oaths. When If it appears
6 from the affidavit
that either sworn statement that the
7 applicant is applying for
a license for the marriage to a person
8 who has not become an individual who is not 18 years of age or
9 older, that the applicant has not become 18 years of age, or that
10 both persons individuals
applying for a license are less than
11 18 years of age, the
county clerk shall require that there first
12 be produced the written consent of 1 of the parents of each of
13 the persons individual who is less than 18 years of age or
of
14 the person's individual's
legal guardian be produced. The
15 consent shall be to the marriage and to the issuing of the
16 license for which application is made. The consent shall be
17 given personally in the county
clerk's presence of the county
18 clerk or shall be acknowledged before a notary
public or other
19 officer authorized to
administer oaths unless the person
20 individual does not have a living parent or guardian.
21 (3) A license shall not be issued by the county clerk until
22 the requirements of this section are complied with. The written
23 consent shall be preserved on file in the office of the county
24 clerk. If the parties are legally entitled to be married, the
25 county clerk shall sign the license and certify the fact that it
26 is properly issued, and the clerk shall make a correct copy of
27 the license in the books of registration.
1 (4) (2) A
fee of $20.00 $30.00 shall be paid by the party
2 applying for the license.
which shall be paid by the The county
3 clerk shall pay the
fee into the county general fund. of the
4 county. The county board of commissioners shall allocate
$15.00
5 of each fee collected to the circuit court for family counseling
6 services, which shall include counseling for domestic violence
7 and child abuse. If family counseling services are not
8 established in the county, the circuit court may use the money
9 allocated to contract with public or private agencies providing
10 similar services. Funds
Money allocated to the circuit court
11 pursuant to by this section which are that is
not expended
12 shall be returned to the county
general fund of the county to
13 be held in escrow until circuit court family counseling services
14 are established pursuant
to Act No. 155 of the Public Acts of
15 1964, as amended,
being sections 551.331 to 551.344 of the
16 Michigan Compiled Laws
under the circuit court family
counseling
17 services act, 1964 PA 155, MCL 551.331 to 551.344. A probate
18 court may order the county clerk to waive the marriage license
19 fee in cases in which the fee would result in undue hardship. If
20 both parties named in the application are nonresidents of the
21 state, an additional fee of $10.00 shall be paid by the party
22 applying for the license which
and shall be deposited by the
23 county clerk into the county
general fund. of the county.
24 (5) The county clerk shall give the license filled out and
25 signed, together with the blank form of certificate, to the party
26 applying, for delivery to
the clergyman cleric or magistrate
27 who is to officiate at the marriage. On the return of the
1 license to the county clerk, with the cleric's or magistrate's
2 certificate of the
clergyman or magistrate that the marriage
3 has been performed, the county clerk shall record in the book of
4 registration in the proper place of entry the information
5 prescribed by the
director of public community health. The
6 licenses and certificates issued and returned shall be forwarded
7 to the state registrar
appointed by the director of public
8 community health on the forms and in the manner prescribed by the
9 director.
10 (6) (3) A
charter county which that has a population of
11 over 2,000,000 may impose by ordinance a marriage license fee or
12 nonresident marriage license fee, or both, different in amount
13 than from the fee prescribed by subsection (2) (4).
The
14 charter county shall allocate the fee for family counseling
15 services as prescribed by
subsection (2) (4). A charter county
16 shall not impose a fee which
that is greater than the cost of
17 the service for which the fee is charged.