Bill Text: MI HB4414 | 2011-2012 | 96th Legislature | Introduced

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Bill Title: Family law; marriage and divorce; application requirements for marriage license; modify proof of identification requirements. Amends sec. 2 of 1887 PA 128 (MCL 551.102).

Spectrum: Partisan Bill (Republican 21-0)

Status: (Introduced - Dead) 2011-03-15 - Printed Bill Filed 03/11/2011 [HB4414 Detail]

Download: Michigan-2011-HB4414-Introduced.html

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HOUSE BILL No. 4414

 

March 10, 2011, Introduced by Reps. Agema, Hooker, Glardon, MacGregor, Lyons, Knollenberg, Haines, Haveman, MacMaster, Wayne Schmidt, Heise, Horn, Huuki, Somerville, Opsommer, Daley, Gilbert, Potvin, Franz, Jacobsen and Kowall 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 2 (MCL 551.102), as amended by 2006 PA 578.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     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 each county

 

clerk of this state in the quantity needed. The blank 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 in rules promulgated by the

 

director of the department of community health. The state registrar

 

shall furnish to each county clerk of this state blank application

 

forms of an affidavit 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. A party applying for a license to marry shall make and file

 

the application in the form of an affidavit using a blank

 

application form prepared and furnished by the state registrar with

 

the county clerk as a basis for issuing the license. The county

 

clerk may permit a party applying for a marriage license to submit

 

that application electronically. If the county clerk accepts an

 

electronically submitted application, the clerk shall print the

 

required information from the application in the form of an

 

affidavit using a blank application form prepared and furnished by

 

the state registrar and have a party named in the application sign

 

the affidavit in the presence of the county clerk or a deputy

 

clerk. 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.

 

     (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.

 

     (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.

 

     (4) A county clerk shall not issue a marriage license unless

 

the applicant for the license provides with the application all of

 

the following for both of the parties to be married:

 

     (a) A birth certificate. If the birth certificate is issued by

 

a foreign country, the certificate shall be translated by a

 

translator authorized and certified by this state.

 

     (b) Unless exempt under subsection (3), a social security

 

card.

 

     (c) If the party is a naturalized citizen of the United

 

States, the party's naturalization certificate.

 

     (d) If the party was previously married, either of the

 

following:

 

     (i) A certified copy of a judgment of divorce.

 

     (ii) A death certificate for the previous spouse.

 

     (e) One of more of the following:

 

     (i) A driver's license.

 

     (ii) A passport.

 

     (iii) A state-issued pictured identification card.

 

     (iv) Another form of picture identification.

 

     (f) If the party is not a citizen or national of the United

 

States, 1 or more of the following that are valid at the time of

 

the application:

 

     (i) A United States permanent resident card.

 

     (ii) A work visa.

 

     (iii) A student visa.

 

     (iv) A foreign passport with a valid visa.

 

     (5) A county clerk shall not issue a marriage license if the

 

clerk has knowledge that either party is not entitled to the

 

license under this act.

 

     (6) (4) The application required to be completed under

 

subsection (1) is a nonpublic record and is exempt from disclosure

 

under the freedom of information act, 1976 PA 442, MCL 15.231 to

 

15.246. The application shall be made available, upon request, to

 

the persons named in the application.