HB-5699, As Passed House, June 29, 2006

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

HOUSE BILL NO. 5699

 

 

 

 

 

 

 

 

 

 

 

     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 the title and sections 2, 3, and 3a (MCL 551.102,

 

551.103, and 551.103a), the title and 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, and by adding sections 2a, 2b, and 2c.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

TITLE

 

     An act  establishing  to establish the minimum ages for

 

contracting marriages; to establish premarital education; 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.


 

     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

 

by statute and 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  that include a sworn statement

 

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.

 

     (2) A party applying for a license to marry shall make and

 

file the application in the form of  an affidavit  a sworn

 

statement with the county clerk as a basis for issuing the license.

 

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.

 

     (3)  (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.

 

     (4)  (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.

 

     Sec. 2a. (1) Except as provided in subsection (3), a man and a

 

woman who intend to apply for a marriage license shall together

 

complete a program in premarital education as prescribed in section

 

2b. The individuals applying for the marriage license shall verify

 

completion of the premarital education program by a statement to

 

that effect in the sworn statement in the application and by filing

 

with the application a certificate of completion from the program

 

administrator.

 

     (2) Except as provided in subsection (3), if an individual who

 

is intending to apply for a marriage license is less than 18 years

 

of age, both parties applying for the license and at least 1 parent

 

or guardian of each party who is a minor shall complete and verify

 

completion of a premarital education program as prescribed in

 

section 2b. The parent's or guardian's attendance requirement

 

prescribed by this subsection does not apply if the minor who

 

intends to apply for a marriage license is emancipated as provided


 

in 1968 PA 293, MCL 722.1 to 722.6.

 

     (3) An individual applying for a marriage license may choose

 

not to comply with this section. If either party to a marriage

 

license application does not comply with this section, a longer

 

waiting period applies as provided in section 3a. This section and

 

the longer waiting period prescribed in section 3a do not apply if

 

both the man and the woman applying for the marriage license are 50

 

years of age or older.

 

     Sec. 2b. (1) A premarital education program required by

 

section 2a shall meet all of the following criteria:

 

     (a) The program shall emphasize skill-building strategies and

 

shall include, at least, conflict management, communication skills,

 

financial matters, and, if the couple has or intends to have

 

children, child and parenting responsibilities.

 

     (b) The program shall be at least 4 hours long and shall be

 

conducted by 1 or more of the following:

 

     (i) A licensed professional counselor, licensed marriage and

 

family therapist, licensed or limited licensed psychologist, or a

 

social worker, licensed master's social worker, licensed bachelor's

 

social worker, or social service technician as prescribed under

 

article 15 of the public health code, 1978 PA 368, MCL 333.16101 to

 

333.18838.

 

     (ii) A psychiatrist as that term is defined in section 100c of

 

the mental health code, 1974 PA 258, MCL 330.1100c.

 

     (iii) An official representative of a religious institution.

 

     (iv) A certified family life educator.

 

     (2) An individual who provides a premarital education program


 

under this section may offer a fee schedule for the program

 

described in this section that accommodates families of various

 

financial means, including allowing participation by indigent

 

individuals for no fee. Payment for a premarital education program

 

shall be made directly to the program provider.

 

     Sec. 2c. (1) For tax years that begin after December 31, 2005,

 

if the parties to a marriage attend and complete a premarital

 

education program, the parties may claim the income tax credit

 

provided in section 263 of the income tax act of 1967, 1967 PA 281,

 

MCL 206.263.

 

     (2) As used in this section, "premarital education program"

 

means a program as provided in section 2b.

 

     Sec. 3. (1)  Every person who becomes  An individual who is 18

 

years of age  shall be  or older is capable by law of contracting

 

marriage.  Every person who becomes  An individual who is 16 years

 

of age but is less than 18 years of age  shall be  is capable of

 

contracting marriage with the written consent of 1 of the parents

 

of the  person  individual or the  person's  individual's legal

 

guardian, as provided in this section. As proof of age, the party

 

to the intended marriage, 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.

 

     (2) The county clerk  on the application made  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  sworn statement that the applicant is


 

applying for a license for the marriage to  a person who has not

 

become  an individual who is not 18 years of age or older, that the

 

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

 

individuals 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  

 

individual who is less than 18 years of age or of the  person's  

 

individual's legal guardian be produced. The consent shall be to

 

the marriage and to the issuing of the license for which

 

application is made. The consent shall be given personally in the

 

county clerk's presence  of the county clerk  or shall be

 

acknowledged before a notary public or other officer authorized to

 

administer oaths unless the  person  individual does not have a

 

living parent or guardian.

 

     (3) A county clerk shall not issue a marriage license to an

 

individual who fails to sign and file with the county clerk an

 

application for a marriage license that includes a statement with a

 

check-off box indicating that both parties to the intended marriage

 

have or have not received premarital education.

 

     (4) A license shall not be issued by the county clerk until

 

the requirements of section 2a and 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.

 

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


 

for the license.  which shall be paid by the  The county clerk

 

shall pay the fee into the county 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  by this section  

 

which are  that is not expended shall be returned to the county

 

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  under 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  this state, an additional fee of $10.00 shall

 

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

 

deposited by the county clerk into the county general fund.  of the

 

county.

 

     (6) The county clerk shall give the license filled out and

 

signed, together with the blank form of certificate, to the party

 

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 officiating individual's certificate  


 

of the clergyman or magistrate  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  community health. The

 

licenses and certificates issued and returned shall be forwarded to

 

the state registrar appointed by the director of  public  community

 

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

 

     (7)  (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  from the fee prescribed by subsection  (2)  (5). 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  which  that is greater than the cost of the service

 

for which the fee is charged.

 

     Sec. 3a. (1)  A  Except as provided in subsection (2), a

 

license to marry 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.  A marriage license

 

issued under this subsection is void unless a marriage is

 

solemnized under the license within 33 days after the application.

 

This subsection does not apply if subsection (2) applies.

 

     (2) If a party to a marriage license application does not

 

comply with section 2a, the clerk shall not deliver the marriage

 

license until at least 3 days after the date of the application. If

 

a party to a marriage license application complies with section 2a,


 

the county clerk may deliver a marriage license immediately

 

following the application. A marriage license issued under this

 

subsection is void unless a marriage is solemnized under the

 

license within 30 days after the application.

 

     (3) Notwithstanding subsection (1) or (2), for good and

 

sufficient reason shown, a county clerk may deliver a marriage

 

license immediately following the application. A marriage license

 

issued under this subsection is void unless a marriage is

 

solemnized under the license within 33 days after the application.

 

     Enacting section 1.  This amendatory act takes effect October

 

1, 2006.