March 11, 2010, Introduced by Reps. McMillin, Paul Scott, Lund, Haveman and Agema 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 2 (MCL 551.102), as amended by 2006 PA 578, and
by adding section 4a.
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 each county
clerk of this state in the quantity needed. The blank form for a
license and certificate shall be made in duplicate and shall
provide spaces for the entry of identifying information of the
parties, a space for the parties to elect whether the marriage is a
covenant marriage under the covenant marriage act, and other items
prescribed in rules promulgated by the director of the department
of community health. The state registrar shall furnish to each
county 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. 4a. An individual officiating at a marriage who is given
a declaration of intent under the covenant marriage act completed
by the parties as provided in section 5 of the covenant marriage
act shall deliver the declaration of intent to the county clerk
that issued the marriage license with the completed marriage
license required to be delivered under section 4.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No.____ or House Bill No. 5951(request no.
03475'09 *) of the 95th Legislature is enacted into law.