HOUSE BILL No. 6578
December 4, 2018, Introduced by Reps. Anthony, Sabo, LaGrand, Camilleri, Brinks, Love, Durhal, Sowerby, Gay-Dagnogo, Hoadley, Lasinski, Greimel, Zemke, Yancey, Garrett, Geiss, Brann, Faris, Neeley and Jones and referred to the Committee on Families, Children, and Seniors.
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 3 (MCL 551.103), as amended by 2006 PA 578.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 3. (1) A person who is 18 years of age or older may
contract marriage. A Until December 31, 2019, a person who is 16
years of age but is less than 18 years of age may contract marriage
with the written consent of 1 of the parents of the person or the
person's legal guardian, as provided in this section. As proof of
age, the person who intends to be married, 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. The
county clerk on the application submitted 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. If Until December 31, 2019,
if it appears from the affidavit that either the applicant for a
marriage license or the person whom he or she intends to marry is
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 who is less than 18 years of age or of the
person's legal guardian, unless the person does not have a living
parent or guardian. The consent shall be to the marriage and to the
issuing of the license for which the application is submitted. The
consent shall be given personally in the presence of the county
clerk or be acknowledged before a notary public or other officer
authorized to administer oaths. A license shall not be issued by
the county clerk until the requirements of 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.
(2) Beginning January 1, 2020, a person who is less than 18
years of age may not contract marriage with or without the consent
of a parent or legal guardian. If it appears from the affidavit
that either the applicant for a marriage license or the person whom
he or she intends to marry is less than 18 years of age, the county
clerk shall not issue a marriage license until the person who
appears to be less than 18 years of age submits proof that he or
she is 18 years of age or older. This subsection does not apply to
parties who were legally entitled to be married under this section
before January 1, 2020.
(3) (2) A fee of $20.00 shall be paid by the person applying
for the license and shall be paid by the county clerk into the
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 that 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. Money allocated to the circuit court
pursuant to under this section that is not expended shall be
returned to the general fund of the county to be held in escrow
until circuit court family counseling services are established
pursuant to 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 state, the person applying
for the license shall pay an additional fee of $10.00, which that
the county clerk shall deposit into the general fund of the county.
The county clerk shall give the license filled out and signed,
together with the blank form of certificate, to the person
applying, for delivery to the individual who is to officiate at the
marriage. On the return of the license to the county clerk,
containing the signatures of the witnesses to the marriage, who
shall be 18 years of age or older, the individuals being married,
and the individual officiating at the marriage, with the
certificate of the individual officiating at the marriage 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 the department of community health
and human services. The licenses and certificates issued and
returned shall be forwarded to the state registrar appointed by the
director of the department of community health and human services
on the forms and in the manner prescribed by the director.
(4) (3) A charter county that has a population of over
2,000,000 1,500,000 may impose by ordinance a marriage license fee
or nonresident marriage license fee, or both, different in amount
than the fee prescribed by subsection (2). (3). The charter county
shall allocate the fee for family counseling services as prescribed
by subsection (2). (3). A charter county shall not impose a fee
that is greater than the cost of the service for which the fee is
charged.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
Enacting section 2. This amendatory act does not take effect
unless all of the following bills of the 99th Legislature are
enacted into law:
(a) Senate Bill No.____ or House Bill No. 6580 (request no.
06653'18 a *).
(b) Senate Bill No.____ or House Bill No. 6579 (request no.
06653'18 b *).