House Introduced Bill 5991

HOUSE BILL No. 5991

July 2, 1998, Introduced by Reps. Voorhees, Griffin, Whyman, Llewellyn, Perricone, Geiger, Sikkema, Bodem, Brackenridge, McNutt, DeVuyst, Callahan, Lowe, Jansen, Horton, Law, Nye, Walberg, Kukuk, Green, Rocca, Sanborn, Jellema, Fitzgerald, Jelinek, Birkholz, Baade, Dalman, McManus, Gernaat, Varga, Harder, McBryde, Raczkowski and Scranton and
referred to the Committee on Judiciary.

A bill to amend 1887 PA 128, entitled

"An act establishing the minimum ages for contracting marriages,
for the requiring of a civil license in order to marry, and the
due registration of the same, and to provide a penalty for the
violation of the provisions of the same,"

by amending sections 1, 3, and 3a (MCL 551.101, 551.103, and

551.103a), section 3 as amended by 1984 PA 346 and section 3a as

amended by 1989 PA 270, and by adding sections 3c, 3e, and 3g.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1 Sec. 1. (1) AS USED IN THIS ACT:

2 (A) "MARRIAGE AND FAMILY THERAPIST" MEANS THAT TERM AS

3 DEFINED IN SECTION 16901 OF THE PUBLIC HEALTH CODE, 1978 PA 368,

4 MCL 333.16901.

5 (B) "MINISTER" MEANS AN ORDAINED, COMMISSIONED, OR LICENSED

6 MINISTER, PASTOR, PRIEST, DEACON, OR RABBI OF A RELIGIOUS

7 ORGANIZATION.

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1 (C) "RELIGIOUS ORGANIZATION" MEANS AN ORGANIZATION, CHURCH,

2 BODY OF COMMUNICANTS, OR GROUP THAT GATHERS NOT FOR PECUNIARY

3 PROFIT, BUT IN COMMON MEMBERSHIP FOR MUTUAL SUPPORT AND EDIFICA-

4 TION IN PIETY, WORSHIP, AND RELIGIOUS OBSERVANCE; OR A SOCIETY OF

5 INDIVIDUALS UNITED NOT FOR PECUNIARY PROFIT, BUT FOR RELIGIOUS

6 PURPOSES AT A DEFINITE PLACE.

7 (2) It shall be necessary for all parties intending to be

8 married to A MAN AND WOMAN WHO INTEND TO BE MARRIED SHALL obtain

9 a marriage license from the county clerk of the county in which

10 either the man or woman resides and to deliver the said

11 license to the clergyman or magistrate who is to officiate,

12 before the marriage can be performed. If both parties to be mar-

13 ried are non-residents NONRESIDENTS of the state, it THEY

14 shall be necessary to obtain such THE license from the county

15 clerk of the county in which the marriage is to be performed.

16 Sec. 3. (1) Every A person who becomes IS 18 years of

17 age shall be capable by law of contracting OR OLDER MAY

18 CONTRACT marriage. Every A person who becomes IS 16 years of

19 age but is less than 18 years of age shall be capable of

20 contracting MAY CONTRACT marriage with the written consent of 1

21 of the parents of the person or the person's legal guardian, as

22 provided in this section. As proof of age, the party to the

23 intended marriage PERSON WHO INTENDS TO BE MARRIED, in addition

24 to the statement of age in the application, when requested by the

25 county clerk, shall submit a birth certificate or other proof of

26 age. The county clerk on the application made SUBMITTED shall

27 fill out the blank spaces of the license according to the sworn

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1 answers of the applicant, taken before the county clerk, or some

2 person duly authorized by law to administer oaths. When it

3 appears from the affidavit that either the applicant is applying

4 for a license for the marriage to a person who has not become

5 FOR A MARRIAGE LICENSE OR THE PERSON WHOM HE OR SHE INTENDS TO

6 MARRY IS LESS THAN 18 years of age, or that the applicant has

7 not become 18 years of age, or both persons applying for a

8 license are less than 18 years of age OR BOTH, the county clerk

9 shall require that there first be produced the written consent of

10 1 of the parents of each of the persons who is less than 18 years

11 of age or of the person's legal guardian, UNLESS THE PERSON DOES

12 NOT HAVE A LIVING PARENT OR GUARDIAN. THE CONSENT SHALL BE to

13 the marriage and to the issuing of the license for which applica-

14 tion is made. The consent shall be given personally in the pres-

15 ence of the county clerk or be acknowledged before a notary

16 public or other officer authorized to administer oaths. unless

17 the person does not have a living parent or guardian.

18 (2) IF THE PARTIES INTEND TO CONTRACT A COVENANT MARRIAGE

19 UNDER SECTION 3A, THE APPLICATION SHALL CONTAIN THE STATEMENT "WE

20 [NAME OF INTENDED HUSBAND] AND [NAME OF INTENDED WIFE] INTEND TO

21 CONTRACT A COVENANT MARRIAGE AND ACCORDINGLY HAVE EXECUTED THE

22 ATTACHED DECLARATION OF INTENT" AND THE LICENSE SHALL SPECIFY

23 THAT THE PARTIES INTEND TO CONTRACT A COVENANT MARRIAGE. PARTIES

24 WHO INTEND TO CONTRACT A COVENANT MARRIAGE ARE NOT ELIGIBLE TO

25 APPLY FOR A LICENSE UNTIL 30 DAYS AFTER THE DATE INDICATED UNDER

26 SECTION 3A(2)(B).

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1 (3) A license shall not be issued by the county clerk until

2 the requirements of this section are complied with. The written

3 consent shall be preserved on file in the office of the county

4 clerk. If the parties are legally entitled to be married, the

5 county clerk shall sign the license and certify the fact that it

6 is properly issued, and the clerk shall make a correct copy of

7 the license AND, IF APPLICABLE, THE DECLARATION OF COVENANT

8 MARRIAGE in the books of registration.

9 (4) (2) A fee of $20.00 shall be paid by the party

10 PERSON applying for the license which AND shall be paid by the

11 county clerk into the general fund of the county. The county

12 board of commissioners shall allocate $15.00 of each fee col-

13 lected to the circuit court for family counseling services, which

14 shall include counseling for domestic violence and child abuse.

15 If family counseling services are not established in the county,

16 the circuit court may use the money allocated to contract with

17 public or private agencies providing similar services. Funds

18 allocated to the circuit court pursuant to this section which

19 THAT are not expended shall be returned to the general fund of

20 the county to be held in escrow until circuit court family coun-

21 seling services are established pursuant to Act No. 155 of the

22 Public Acts of 1964, as amended, being sections 551.331 to

23 551.344 of the Michigan Compiled Laws THE CIRCUIT COURT FAMILY

24 COUNSELING SERVICES ACT, 1964 PA 155, MCL 551.331 TO 551.344. A

25 probate court may order the county clerk to waive the marriage

26 license fee in cases in which the fee would result in undue

27 hardship. If both parties named in the application are

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1 nonresidents of the state, an additional fee of $10.00 shall be

2 paid by the party PERSON applying for the license which shall

3 be deposited by the county clerk into the general fund of the

4 county. The county clerk shall give the license filled out and

5 signed, together with the blank form of certificate, to the

6 party PERSON applying, for delivery to the clergyman or magis-

7 trate who is to officiate at PERSON WHO IS TO SOLEMNIZE the

8 marriage. On the return of the license to the county clerk, with

9 the certificate of the clergyman or magistrate PERSON WHO

10 SOLEMNIZED THE MARRIAGE that the marriage has been performed, the

11 county clerk shall record in the book of registration in the

12 proper place of entry the information prescribed by the director

13 of public THE DEPARTMENT OF COMMUNITY health. The licenses and

14 certificates issued and returned, TOGETHER WITH THE DECLARATION

15 OF INTENT TO CONTRACT A COVENANT MARRIAGE, IF APPLICABLE, shall

16 be forwarded to the state registrar appointed by the director of

17 public THE DEPARTMENT OF COMMUNITY health on the forms and in

18 the manner prescribed by the director.

19 (5) (3) A charter county which has a population of over

20 2,000,000 may impose by ordinance a marriage license fee or non-

21 resident marriage license fee, or both, different in amount than

22 the fee prescribed by subsection (2) (4). The charter county

23 shall allocate the fee for family counseling services as pre-

24 scribed by subsection (2) (4). A charter county shall not

25 impose a fee which is greater than the cost of the service for

26 which the fee is charged.

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1 Sec. 3a. (1) A license to marry shall not be delivered

2 within a period of 3 days including the date of application.

3 However, the county clerk of each county, for good and sufficient

4 cause shown, may deliver the license immediately following the

5 application. A marriage license issued is void unless a marriage

6 is solemnized under the license within 33 days after the

7 application. A MAN AND A WOMAN MAY CONTRACT A COVENANT MARRIAGE

8 BY DECLARING THEIR INTENT TO DO SO ON THEIR APPLICATION FOR A

9 MARRIAGE LICENSE UNDER SECTION 3 AND EXECUTING AND FILING WITH

10 THE APPLICATION A DECLARATION OF INTENT TO CONTRACT A COVENANT

11 MARRIAGE. THE PARTIES MAY NOT APPLY FOR A MARRIAGE LICENSE LESS

12 THAN 30 DAYS AFTER THE DATE OF CONCLUSION OF PREMARITAL COUNSEL-

13 ING AS INDICATED ON THE AFFIDAVIT UNDER SUBSECTION (2)(B).

14 (2) A DECLARATION OF INTENT TO CONTRACT A COVENANT MARRIAGE

15 SHALL CONTAIN ALL OF THE FOLLOWING:

16 (A) A SIGNED AND NOTARIZED RECITATION BY THE PARTIES TO THE

17 FOLLOWING EFFECT:

18 "A COVENANT MARRIAGE

19 WE SOLEMNLY DECLARE THAT MARRIAGE IS A COVENANT BETWEEN A

20 MAN AND A WOMAN WHO AGREE TO LIVE TOGETHER AS HUSBAND AND WIFE

21 FOR SO LONG AS THEY BOTH LIVE. WE HAVE CHOSEN EACH OTHER CARE-

22 FULLY AND DISCLOSED TO ONE ANOTHER EVERYTHING WHICH COULD

23 ADVERSELY AFFECT THE DECISION TO ENTER INTO THIS MARRIAGE. WE

24 HAVE RECEIVED PREMARITAL COUNSELING ON THE NATURE, PURPOSES, AND

25 RESPONSIBILITIES OF MARRIAGE. WE HAVE READ THE ATTORNEY

26 GENERAL'S PAMPHLET ON COVENANT MARRIAGE AND WE UNDERSTAND THAT A

27 COVENANT MARRIAGE IS FOR LIFE. IF WE EXPERIENCE MARITAL

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1 DIFFICULTIES, WE COMMIT OURSELVES TO TAKE ALL REASONABLE EFFORTS

2 TO PRESERVE OUR MARRIAGE, INCLUDING MARITAL COUNSELING.

3 WITH FULL KNOWLEDGE OF WHAT THIS COMMITMENT MEANS, WE

4 DECLARE THAT OUR MARRIAGE WILL BE BOUND BY MICHIGAN LAW ON COVE-

5 NANT MARRIAGE AND WE PROMISE TO LOVE, HONOR, AND CARE FOR ONE

6 ANOTHER AS HUSBAND AND WIFE FOR THE REST OF OUR LIVES.

7 WE HAVE RECEIVED PREMARITAL COUNSELING FROM A MARRIAGE AND

8 FAMILY THERAPIST, A MINISTER, OR AN INDIVIDUAL ACTING UNDER THE

9 SUPERVISION AND DIRECTION OF A MINISTER. THE PREMARITAL COUNSEL-

10 ING INCLUDED ALL OF THE FOLLOWING:

11 (i) A DISCUSSION OF THE NATURE, PURPOSES, AND RESPONSIBILI-

12 TIES OF MARRIAGE.

13 (ii) A DISCUSSION OF THE SERIOUSNESS OF COVENANT MARRIAGE.

14 (iii) COMMUNICATION OF THE FACT THAT COVENANT MARRIAGE IS A

15 COMMITMENT FOR LIFE.

16 (iv) A DISCUSSION OF THE OBLIGATION TO SEEK MARITAL COUNSEL-

17 ING IN TIMES OF MARITAL DIFFICULTIES.

18 (v) A DISCUSSION OF THE EXCLUSIVE GROUNDS FOR A JUDGMENT OF

19 DIVORCE OR SEPARATE MAINTENANCE.

20 (vi) RECEIPT OF THE ATTORNEY GENERAL'S COVENANT MARRIAGE

21 PAMPHLET FROM THE INDIVIDUAL PROVIDING THE PREMARITAL

22 COUNSELING.".

23 (B) AN AFFIDAVIT BY THE MARRIAGE AND FAMILY THERAPIST, MIN-

24 ISTER, OR INDIVIDUAL ACTING UNDER THE SUPERVISION AND DIRECTION

25 OF A MINISTER THAT THE PARTIES WERE COUNSELED AS DESCRIBED IN

26 SUBDIVISION (A). THE AFFIDAVIT UNDER THIS SUBDIVISION SHALL BE

27 ATTACHED TO OR INCLUDED IN THE PARTIES' RECITATION UNDER

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1 SUBDIVISION (A). THE AFFIDAVIT SHALL STATE THE DATE ON WHICH

2 COUNSELING CONCLUDED.

3 (3) THE RECITATION UNDER SUBSECTION (2)(A) SHALL BE PREPARED

4 IN DUPLICATE ORIGINALS, 1 OF WHICH SHALL BE RETAINED BY THE PAR-

5 TIES AND THE OTHER, TOGETHER WITH THE AFFIDAVIT UNDER SUBSECTION

6 (2)(B), SHALL BE FILED WITH THE APPLICATION UNDER SECTION 3.

7 (4) THE ATTORNEY GENERAL SHALL PREPARE A PAMPHLET PROVIDING

8 A FULL EXPLANATION OF THE TERMS AND CONDITIONS OF COVENANT

9 MARRIAGE.

10 SEC. 3C. COVENANT MARRIAGE IS GOVERNED BY ALL THE PROVI-

11 SIONS OF LAW APPLICABLE TO MARRIAGE EXCEPT AS OTHERWISE PROVIDED

12 BY LAW.

13 SEC. 3E. (1) A MARRIED COUPLE MAY EXECUTE A DECLARATION OF

14 INTENT TO DESIGNATE THEIR MARRIAGE AS A COVENANT MARRIAGE.

15 (2) A DECLARATION OF INTENT TO DESIGNATE A MARRIAGE AS A

16 COVENANT MARRIAGE SHALL CONTAIN ALL OF THE FOLLOWING:

17 (A) A RECITATION BY THE PARTIES TO THE FOLLOWING EFFECT:

18 "A COVENANT MARRIAGE

19 WE SOLEMNLY DECLARE THAT MARRIAGE IS A COVENANT BETWEEN A

20 MAN AND A WOMAN WHO AGREE TO LIVE TOGETHER AS HUSBAND AND WIFE

21 FOR SO LONG AS THEY BOTH LIVE. WE UNDERSTAND THE NATURE, PUR-

22 POSES, AND RESPONSIBILITIES OF MARRIAGE. WE HAVE READ THE ATTOR-

23 NEY GENERAL'S PAMPHLET ON COVENANT MARRIAGE AND WE UNDERSTAND

24 THAT A COVENANT MARRIAGE IS FOR LIFE. IF WE EXPERIENCE MARITAL

25 DIFFICULTIES, WE COMMIT OURSELVES TO TAKE ALL REASONABLE EFFORTS

26 TO PRESERVE OUR MARRIAGE, INCLUDING MARITAL COUNSELING.

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1 WITH FULL KNOWLEDGE OF WHAT THIS COMMITMENT MEANS, WE

2 DECLARE THAT OUR MARRIAGE WILL BE BOUND BY MICHIGAN LAW ON

3 COVENANT MARRIAGE AND WE PROMISE TO LOVE, HONOR, AND CARE FOR ONE

4 ANOTHER AS HUSBAND AND WIFE FOR THE REST OF OUR LIVES.

5 WE HAVE HAD A DISCUSSION ABOUT COVENANT MARRIAGE WITH A MAR-

6 RIAGE AND FAMILY THERAPIST, A MINISTER, OR AN INDIVIDUAL ACTING

7 UNDER THE SUPERVISION AND DIRECTION OF A MINISTER. THE DISCUS-

8 SION INCLUDED ALL OF THE FOLLOWING:

9 (i) OUR INTENTION TO DESIGNATE OUR MARRIAGE AS A COVENANT

10 MARRIAGE.

11 (ii) THE NATURE, PURPOSES, AND RESPONSIBILITIES OF

12 MARRIAGE.

13 (iii) THE OBLIGATION TO SEEK MARITAL COUNSELING IN TIMES OF

14 MARITAL DIFFICULTIES.

15 (iv) THE EXCLUSIVE GROUNDS FOR A JUDGMENT OF DIVORCE OR SEP-

16 ARATE MAINTENANCE.

17 (v) RECEIPT OF THE ATTORNEY GENERAL'S COVENANT MARRIAGE PAM-

18 PHLET FROM THE MARRIAGE AND FAMILY THERAPIST, MINISTER, OR INDI-

19 VIDUAL ACTING UNDER THE SUPERVISION AND DIRECTION OF A

20 MINISTER.".

21 (B) AN AFFIDAVIT BY THE MARRIAGE AND FAMILY THERAPIST, MIN-

22 ISTER, OR INDIVIDUAL ACTING UNDER THE SUPERVISION AND DIRECTION

23 OF A MINISTER THAT THE DISCUSSION DESCRIBED IN SUBDIVISION (A)

24 OCCURRED. THE AFFIDAVIT UNDER THIS SUBDIVISION SHALL BE ATTACHED

25 TO OR INCLUDED IN THE PARTIES' STATEMENT UNDER SUBDIVISION (A).

26 THE AFFIDAVIT SHALL STATE THE DATE ON WHICH THE DISCUSSION

27 CONCLUDED.

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1 (4) THE RECITATION UNDER SUBSECTION (3)(A) SHALL BE PREPARED

2 IN DUPLICATE ORIGINALS, 1 OF WHICH SHALL BE RETAINED BY THE PAR-

3 TIES AND THE OTHER, TOGETHER WITH THE AFFIDAVIT UNDER SUBSECTION

4 (2)(B), SHALL BE FILED WITH THE COUNTY CLERK OF THE COUNTY IN

5 WHICH THE COUPLE IS DOMICILED. THE PARTIES SHALL INFORM THE

6 COUNTY CLERK OF THE COUNTY WHERE THE COUPLE WAS MARRIED. IF THE

7 COUPLE WAS MARRIED OUTSIDE OF THIS STATE, THE PARTIES SHALL FILE

8 WITH THE RECITATION A CERTIFIED COPY OF THE FOREIGN MARRIAGE

9 CERTIFICATE. THE COUNTY CLERK SHALL RECORD IN THE BOOK OF REGIS-

10 TRATION IN THE PROPER PLACE OF ENTRY THE INFORMATION PRESCRIBED

11 BY THE DIRECTOR OF THE DEPARTMENT OF COMMUNITY HEALTH. THE

12 COUNTY CLERK SHALL FORWARD THE RECITATION AND THE AFFIDAVIT UNDER

13 SUBSECTION (2)(B) TO THE STATE REGISTRAR APPOINTED BY THE DIREC-

14 TOR OF THE DEPARTMENT OF COMMUNITY HEALTH ON THE FORMS AND IN THE

15 MANNER PRESCRIBED BY THE DIRECTOR.

16 SEC. 3G. A LICENSE TO MARRY SHALL NOT BE DELIVERED WITHIN A

17 PERIOD OF 3 DAYS INCLUDING THE DATE OF APPLICATION. HOWEVER, THE

18 COUNTY CLERK, FOR GOOD AND SUFFICIENT CAUSE SHOWN, MAY DELIVER

19 THE LICENSE IMMEDIATELY FOLLOWING THE APPLICATION. A MARRIAGE

20 LICENSE ISSUED IS VOID UNLESS A MARRIAGE IS SOLEMNIZED UNDER THE

21 LICENSE WITHIN 33 DAYS AFTER THE APPLICATION.

22 Enacting section 1. This amendatory act does not take

23 effect unless Senate Bill No. _____ or House Bill No. _____

24 (request no. 04368'97) of the 89th Legislature is enacted into

25 law.

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