SB-1106, As Passed Senate, May 11, 2006

SUBSTITUTE FOR

SENATE BILL NO. 1106

     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 sections 2, 3, and 3a (MCL 551.102, 551.103, and

551.103a), section 2 as amended by 1998 PA 333, 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:

     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  the  each

county  clerks  clerk of this state in  quantities  the quantity

needed. The blank  forms  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  all the  each county

clerks  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 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.

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

shall be capable by law of contracting  or older may contract

marriage.  Every  A person who  becomes  is 16 years of age but is

less than 18 years of age  shall be capable of contracting  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  party to the intended marriage

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. The county clerk

on the application  made  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 authorized by

law to administer oaths.  When  If it appears from the affidavit

that either the applicant  is applying for a license for the

marriage to a person who has not become  for a marriage license or

the person whom he or she intends to marry is less than 18 years of

age,  or that the applicant has not become 18 years of age, or both

persons applying for a license are 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 who is less than

18 years of age or of the person's legal guardian, unless the

person 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  made  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.  unless the person does not have a living parent or

guardian. A license shall not be issued by the county clerk until

the requirements of 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.

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

applying for the license  which  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.  Funds  Money

allocated to the circuit court pursuant to this section  which are

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  Act No. 155 of the Public

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

Michigan Compiled Laws  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 state, the

person applying for the license shall pay an additional fee of

$10.00,  shall be paid by the party applying for the license which

shall be deposited by  which the county clerk shall deposit into

the general fund of the county. The county clerk shall give the

license filled out and signed, together with the blank form of

certificate, to the  party  person applying, for delivery to the

clergyman or magistrate  individual who is to officiate at the

marriage. On the return of the license to the county clerk,

containing the signatures of the witnesses to the marriage, who

shall be 18 years of age or older, the individuals being married,

and the individual officiating at the marriage, with the

certificate of the  clergyman or magistrate  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  public  the

department of community health. The licenses and certificates

issued and returned shall be forwarded to the state registrar

appointed by the director of  public  the department of community

health on the forms and in the manner prescribed by the director.

     (3) A charter county  which  that has a population of over

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). The charter county shall

allocate the fee for family counseling services as prescribed by

subsection (2). A charter county shall not impose a fee  which

that is greater than the cost of the service for which the fee is

charged.

     Sec. 3a. A  license to marry  marriage license shall not be

delivered within a period of 3 days including the date of

application. However, the county clerk of each county, for good and

sufficient cause shown, may deliver the 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. A marriage license issued is void

unless a marriage is solemnized under the license within 33 days

after the application.