Bill Text: MI HB6441 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Family law: marriage and divorce; marriage license fee; increase and earmark. Amends sec. 3 of 1887 PA 128 (MCL 551.103).
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-11-18 - Bill Electronically Reproduced 11/18/2020 [HB6441 Detail]
Download: Michigan-2019-HB6441-Introduced.html
HOUSE BILL NO. 6441
November 12, 2020, Introduced by Rep. Sabo and
referred to the Committee on Local Government and Municipal Finance.
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 An
individual who is 18 years of age or older may contract marriage.
A person An
individual 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 individual's parents of
the person or the person's legal
guardian, as provided in this section. As proof of age, the person individual
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 submitted application submitted
shall fill out the blank spaces of the marriage
license according to the sworn answers of the applicant, taken
before the county clerk, or some person
individual duly authorized by law
to administer oaths. If it appears from the affidavit that either the applicant
for a marriage license or the person individual 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 individual who is less than 18 years of age or of the
person's individual's
legal guardian, unless the person
individual does not have a living
parent or legal guardian. The parent or legal guardian shall consent shall be to the marriage and to the issuing
issuance of the marriage license.
for which the application is submitted. The
consent shall Consent must 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 The
county clerk shall not issue a marriage license shall not be issued by the county clerk until
the requirements of this section are complied with. The written consent shall must
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 marriage license and certify the fact that it the
marriage license is properly issued.
, and the The
county clerk shall make a correct copy of the marriage license in the books of registration.
(2) A The individual applying for the marriage license shall pay a fee
of $20.00 shall be paid by the person applying for
the license and shall be paid by the $50.00.
The county clerk shall deposit the fee 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 shall must 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 must
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 individuals named in the application are nonresidents
of the this
state, the person individual applying for the marriage
license shall pay an additional fee of $10.00,
$25.00, which the county clerk
shall deposit into the general fund of the county. The county clerk shall give
the marriage license filled out and
signed, together with the blank form of certificate, to the person individual
applying for the marriage license,
for delivery to the individual who is to
officiate at officiating the
marriage. On the return of the marriage license
to the county clerk, containing the signatures of the witnesses to the
marriage, who shall must
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 marriage
licenses and certificates issued and returned shall must
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.
(3) A charter county that has a population of over 2,000,000 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). The charter county shall allocate the fee for family counseling services as prescribed by subsection (2). A charter county shall not impose a fee that is greater than the cost of the service for which the fee is charged.
