MARRIAGE; MODIFY AGE REQ.                                             H.B. 4294 (H-1)-4302 (H-1):

                                                                              SUMMARY OF HOUSE-PASSED BILL

                                                                                                         IN COMMITTEE

 

 

 

 

 

 

House Bill 4294 (Substitute H-1 as passed by the House)

House Bill 4295 (as passed by the House)

House Bill 4296 (Substitute H-2 as passed by the House)

House Bill 4299 and 4300 (as passed by the House)

House Bill 4302 (Substitute H-1 passed by the House)

Sponsor:  Representative Kara Hope (H.B. 4294)

               Representative Alabas Farhat (H.B. 4295)

               Representative Betsy Coffia (H.B. 4296)

               Representative Kristian Grant (H.B. 4299)

               Representative Jenn Hill (H.B. 4300)

               Representative Joey Andrews (H.B. 4302)

House Committee:  Judiciary

Senate Committee:  Committee of the Whole

 

Date Completed:  6-27-23

 


CONTENT

 

House Bill 4294 (H-1) would amend Public Act (PA) 128 of 1887, which requires parties to be married to obtain a marriage license and establishes the minimum age to contract into a marriage, to do the following:

 

 --   Delete a provision allowing a person who was at least 16 years of age but less than 18 years of age to contract into a marriage with the written consent of one of his or her parents or legal guardian.

 --   Modify the population requirement for a county that wished to impose a marriage license fee or nonresident marriage license fee different in amount than the license fees specified in the Act.

 

House Bill 4295 would amend PA 180 of 1897, which governs the issuance of marriage licenses and certificates without publicity, to delete provisions allowing an individual under marriageable age to consent to contract into a marriage with the written consent of his or her parents or legal guardian.

 

House Bill 4296 (H-2) would ament PA 160 of 1919, which releases legally married minors from parental control and determines their marital rights and duties, to make various language and grammatical changes.

 

House Bill 4299 would amend PA 125 of 2001, which prescribes the rights and responsibilities of hotel and bed and breakfasts with respect to renting or leasing rooms to minors, to modify a provision allowing a hotel or bed and breakfast to require that an individual provide documentary evidence confirming the age of an individual renting or leasing a room or documentary evidence of the emancipation of a minor.

 

House Bill 4300 would amend the Revised Statutes 84 of 1846 (Of Divorce) to delete a provision prohibiting a marriage from being annulled when it appears that the parties, after they had attained the age of consent, had freely cohabited as husband and wife.

 


House Bill 4302 (H-1) would amend the Michigan Penal Code to modify various provisions to delete reference to spouses under age 16.

 

House Bills 4294 and 4295 are tie-barred to each other and to House Bills 4293, 4296, and 4297. House Bill 4296 is tie-barred to House Bill 4293 and to Senate Bills 210, 211, and 212. House Bill 4302 is tie-barred to House Bill 4293.

 

MCL 551.103 (H.B. 4294); 551.103 (H.B. 4295)        Legislative Analyst:  Tyler P. VanHuyse

       551.251 (H.B. 4296); 427.304 (H.B. 4299)

       552.34 (H.B. 4300); 750.520d et al. (H.B. 4302)

 

FISCAL IMPACT

 

House Bills 4294 (H-1), 4295, and 4296 (H-2) would not have a fiscal impact on State government. There could be some positive fiscal impact on county clerks or probate judges in the form of reduced costs, as the bills would eliminate procedures by which minors 16 or older may acquire a marriage license with parental consent in written form. House Bills 4299, 4300, and 4302 (H-1) would have no fiscal impact on State or local government.

There would likely be long-term, indirect benefits to the State in the form of income tax. Research has shown that girls who marry before 18 years old are less likely to engage in higher education and more likely to fall into poverty.  Related costs to the State could include mental health and public assistance costs, increased social services costs, and court proceeding costs as child marriage correlates to higher rates of divorce and domestic violence.

 

                                                                                 Fiscal Analyst:  Joe Carrasco, Jr.

                                                                                                       Michael Siracuse

 

 

This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.