House Introduced Bill 5685

HOUSE BILL No. 5685

April 26, 2000, Introduced by Reps. Brater, Raczkowski, Baird, Quarles, Scott, Lockwood, Hansen, Jacobs, Dennis,
Woodward, Bovin, Cherry, Martinez, DeHart, Schauer, Pestka, Shulman, Minore and LaForge and referred to the Committee on
Family and Civil Law.

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 registra-
tion; to provide for the implementation of federal law; and to
provide a penalty for the violation of this act,"

by amending sections 1, 3, 4, and 6 (MCL 551.101, 551.103,

551.104, and 551.106), section 3 as amended by 1984 PA 346.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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Sec. 1. It shall be necessary for all parties A MAN AND

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WOMAN intending to be married to SHALL obtain a marriage

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license from the county clerk of the county in which either the

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man or woman resides, and to SHALL deliver the said
license

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to the clergyman or magistrate INDIVIDUAL who is to officiate

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SOLEMNIZE THE MARRIAGE, before the marriage can be performed. If

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both parties to be married are non-residents NONRESIDENTS of

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the state, it THEY shall be necessary to obtain
such THE

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license from the county clerk of the county in which the marriage

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is to be performed.

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Sec. 3. (1) Every person who becomes AN INDIVIDUAL WHO IS

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18 years of age shall be OR OLDER IS capable by law of con-

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tracting marriage. Every person who becomes AN INDIVIDUAL WHO

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IS 16 years of age but is less than 18 years of age shall be IS

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capable of contracting marriage with the written consent of 1 of

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the INDIVIDUAL'S parents of the person or the person's OR OF

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THE INDIVIDUAL'S legal guardian, as provided in this section. As

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proof of age, the A party to the intended marriage, in addition

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to the statement of age in the application, when requested by the

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county clerk, shall submit a birth certificate or other proof of

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age. The

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(2) A county clerk on the application made shall fill out

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the blank spaces of the license according to the sworn answers of

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the applicant, taken before the county clerk, or some person duly

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authorized by law to administer oaths. When IF it appears from

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the affidavit SWORN STATEMENT that either the applicant is

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

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become AN INDIVIDUAL WHO IS NOT 18 years of age OR OLDER or that

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the applicant has not become IS NOT 18 years of age OR OLDER,

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or both, persons applying for a license are less than 18 years

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of age, the county clerk shall require that there first be

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produced the written consent of 1 of the parents of each of the

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persons INDIVIDUAL who is less than 18 years of age or of the

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person's INDIVIDUAL'S legal guardian BE PRODUCED. THE CONSENT

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SHALL BE to the marriage and to the issuing of the license for

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which application is made. The consent shall be given personally

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in the COUNTY CLERK'S presence of the county clerk or SHALL be

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acknowledged before a notary public or other officer authorized

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to administer oaths, unless the person does not have a living

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parent or guardian. A license shall not be issued by the county

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clerk until the requirements of this section are complied with.

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The written consent shall be preserved on file in the office of

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the county clerk. If the parties are legally entitled to be mar-

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ried, the county clerk shall sign the license and certify the

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fact that it is properly issued, and the clerk shall make a cor-

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rect copy of the license in the books of registration.

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(3) (2) A fee of $20.00 shall be paid by the party apply-

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ing for the license. which shall be paid by the THE county

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clerk SHALL PAY THE FEE into the COUNTY general fund. of the

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county. The county board of commissioners shall allocate $15.00

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of each fee collected to the circuit court for family counseling

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services, which shall include counseling for domestic violence

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and child abuse. If family counseling services are not estab-

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lished in the county, the circuit court may use the money allo-

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cated to contract with public or private agencies providing simi-

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lar services. Funds MONEY allocated to the circuit court

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pursuant to BY this section which are THAT IS not
expended

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shall be returned to the COUNTY general fund of the county to

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be held in escrow until circuit court family counseling services

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are established. pursuant to Act No. 155 of the Public Acts of

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1964, as amended, being sections 551.331 to 551.344 of the

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Michigan Compiled Laws. A probate court may order the county

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clerk to waive the marriage license fee in cases in which the fee

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would result in undue hardship. If both parties named in the

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application are nonresidents of the state, an additional fee of

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$10.00 shall be paid by the party applying for the license, which

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shall be deposited by the county clerk SHALL DEPOSIT into the

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COUNTY general fund. of the county. The county clerk shall give

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the license filled out and signed, together with the blank form

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of certificate, to the party applying, for delivery to the

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clergyman or magistrate INDIVIDUAL who is to officiate at the

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marriage.

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(4) On the return of the A license to the county clerk,

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with the OFFICIATING INDIVIDUAL'S certificate of the clergyman

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or magistrate that the marriage has been performed, the county

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clerk shall record in the book of registration in the proper

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place of entry the information prescribed by the director of

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public COMMUNITY health. The licenses and certificates issued

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and returned shall be forwarded to the state registrar appointed

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by the director of public COMMUNITY health on the forms and in

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the manner prescribed by the director.

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(5) (3) A charter county which THAT has a
population of

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over 2,000,000 may impose by ordinance a marriage license fee or

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nonresident marriage license fee, or both, different in amount

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than the fee prescribed by subsection (2) (3). The charter

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county shall allocate the fee for family counseling services as

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prescribed by subsection (2) (3). A charter county shall not

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impose a fee which THAT is greater than the cost of the service

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for which the fee is charged.

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Sec. 4. It shall be the duty of the clergyman or

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magistrate, THE INDIVIDUAL officiating at a marriage , to

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SHALL fill in the spaces of the certificate left blank for the

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entry of the time and place of the marriage, the names and resi-

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dences of 2 witnesses, and his THE OFFICIATING INDIVIDUAL'S own

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signature in certification that the marriage has been performed

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by him and any and all information THE INDIVIDUAL. INFORMATION

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required to be filled in in the spaces left blank in the certifi-

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cate shall be typewritten or legibly printed. He THE OFFICIAT-

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ING INDIVIDUAL shall separate the duplicate license and certifi-

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cate, and deliver the half part designated duplicate to 1 of

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the parties , so joined in TO THE marriage, and within 10 days,

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return the original to the county clerk issuing the same WHO

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ISSUED THEM. It shall be the duty of such clergyman or magis-

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trate to THE OFFICIATING INDIVIDUAL SHALL keep an accurate

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record of all marriages solemnized in a book used expressly for

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that purpose.

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Sec. 6. Any clergyman or magistrate who shall join AN

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OFFICIATING INDIVIDUAL WHO JOINS together in marriage parties who

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have not delivered to him OR HER a properly issued license, as

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provided for in this act, or who shall violate any of the pro-

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visions of OTHERWISE VIOLATES this act, shall be adjudged
IS

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guilty of a misdemeanor , and shall be punished PUNISHABLE by a

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fine of 100 dollars $100.00, or in default of payment thereof

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OF THE FINE, by imprisonment in the county jail for a term of

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90 days.

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Enacting section 1. This amendatory act does not take

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effect unless House Bill No. _______ or Senate Bill No. 5684

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(request no. 04796'99 *) of the 90th Legislature is enacted into

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law.

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