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.