September 2, 2009, Introduced by Reps. Meadows and Miller and referred to the Committee on Government Operations.
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 2006 PA 578.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 3. (1) A person who is 18 years of age or older may
contract
marriage. A person who is 16 years of age or older but is
less than 18 years of age 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 person
who
intends to be married, If
requested by the county clerk, in
addition
to the statement of age in the application, when requested
by
the county clerk, a person
who applies for a marriage license
shall submit a birth certificate or other proof of age.
(2) The county clerk, on the receiving an application
submitted
for a marriage license, shall fill out the blank spaces
of
the marriage license according to the sworn answers of the
applicant,
taken before the county clerk , or some
a person duly
authorized by law to administer oaths.
(3) If it appears from the an affidavit
under subsection (2)
that either the applicant for a marriage license or the person whom
he or she intends to marry is less than 18 years of age, before
issuing
the license, the county clerk shall
require that there
first
be produced the written consent of
1 of the parents of each
of
the persons person 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
issuance of the license. for which the
application is
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. A license shall not be
issued
by the county clerk until the requirements of this section
are
complied with. The county clerk shall preserve a written
consent
shall be preserved under
this subsection on file in the
office of the county clerk.
(4) If the parties who submit an application for a marriage
license 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. A county clerk shall not issue a marriage license
until the requirements of this section are complied with.
(5) (2)
A fee of $20.00 shall be paid by the Subject to
subsection
(11), a person applying for the a marriage license and
shall
be paid by the pay a fee
of $40.00. The county clerk shall
deposit a fee collected under this subsection into the general fund
of the county. The county board of commissioners shall allocate
$15.00
$25.00 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
that provide similar services. Money allocated to the circuit court
pursuant
to under this section 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 the circuit court family counseling services act, 1964
PA 155, MCL 551.331 to 551.344.
(6) A probate court may order the county clerk to waive
the a
marriage
license fee in cases in which if
the fee would result in
undue
hardship. If
(7)
Subject to subsection (11), if both
parties named in the
an
application for a marriage license are nonresidents of the this
state,
the person applying for the license shall pay an additional
a
fee of $10.00 ,
which the in addition to the
fee under subsection
(5). The county clerk shall deposit the additional fee into the
general
fund of the county. The
(8)
A county clerk shall give the
license a filled out and
signed marriage license, together with the blank form of
certificate, to the person applying for the license, for delivery
to the individual who is to officiate at the marriage.
(9) On the return of the license to the On the return of a
marriage
license and certificate, a county clerk ,
containing the
shall record the information prescribed by the director of the
department of community health in the proper place in the book of
registration, if the marriage license and certificate contain all
of the following:
(a)
The signatures of the witnesses to the
marriage , who as
required under section 4. The witnesses shall be 18 years of age or
older. ,
(b)
The signatures of the individuals being
married. , and
(c) The signature of the individual officiating at the
marriage. ,
with the
(d) The certificate of the 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 the department
of
community health. The licenses and certificates
(10) A marriage license and certificate that are issued and
returned under this section shall be forwarded to the state
registrar
appointed by the director of the department of community
health
under section 2813 of the
public health code, 1978 PA 368,
MCL 333.2813, on the forms and in the manner prescribed by the
director of the department of community health.
(11) (3)
A charter county 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 fees prescribed by subsection (2) subsections (5) and (7).
The charter county shall allocate the fee for family counseling
services
as prescribed by subsection (2) (5). A charter county
shall not impose a fee that is greater than the cost of the service
for which the fee is charged.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No.____ or House Bill No. 5304(request no.
04156'09) of the 95th Legislature is enacted into law.