Bill Text: MI HB4003 | 2019-2020 | 100th Legislature | Introduced

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Bill Title: Family law: marriage and divorce; minimum age of consent for marriage; establish at 18. Amends sec. 3 of 1887 PA 128 (MCL 551.103).

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Introduced - Dead) 2019-03-08 - Bill Electronically Reproduced 01/09/2019 [HB4003 Detail]

Download: Michigan-2019-HB4003-Introduced.html

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HOUSE BILL No. 4003

 

 

January 9, 2019, Introduced by Reps. Anthony, Filler and Hope and referred to the Committee on Judiciary.

 

     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 100th Legislature are

 

enacted into law:

 

     (a) Senate Bill No.____ or House Bill No. 4005 (request no.

 

00790'19 a).

 

     (b) Senate Bill No.____ or House Bill No. 4004 (request no.

 

00790'19 b).