September 6, 2006, Introduced by Reps. Zelenko, Sak, Gonzales, Meisner, Hune, Shaffer, Gaffney, Wenke, Waters, Alma Smith, Clack, Accavitti, Anderson, Lipsey, Kolb, Kathleen Law, Plakas, Williams, Espinoza, Farrah, Byrnes, Cushingberry, Mayes, Vander Veen, Miller, Vagnozzi and Cheeks 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:
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) An individual shall file a sworn statement with an
application for a marriage license indicating whether either party
to the intended marriage has been previously married. If either
party to the intended marriage has been previously married, a copy
of a final decree or judgment of divorce for the most recent
marriage shall be provided to the county clerk. A county clerk
shall not issue a marriage license if 1 of the individuals was
previously married unless the county clerk receives a copy of a
final decree or judgment of divorce from the most recent marriage.
(3) (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, 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.
(4) (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) (3). The charter county
shall allocate the fee for family counseling services as prescribed
by
subsection (2) (3). A charter county shall not impose a fee
which
that is greater than the cost of the service for which
the
fee is charged.