August 16, 2006, Introduced by Rep. Bieda 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 2 (MCL 551.102), as amended by 1998 PA 333.
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 the each
county clerks
clerk of this state in quantities the quantity
needed.
The blank forms 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
all the each county
clerks
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 with the county clerk as a basis for
issuing the license. 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 member of the armed forces who is unable to appear at a
marriage ceremony may enter into that marriage by the appearance of
a third party, empowered to act through a written power of
attorney. The power of attorney shall state the true legal names of
the parties to be married, be signed by the member of the armed
forces, be acknowledged by a notary public or witnessed by 2
officers of the armed forces, and state that the power of attorney
is solely for the purpose of authorizing the third party to
participate in the solemnization of the marriage on the armed
forces member's behalf. The party who is not a member of the armed
forces shall file the power of attorney with the county clerk with
the marriage application. If the party who is not a member of the
armed forces files a valid power of attorney with the county clerk,
the county clerk shall indicate on the marriage license that the
third party is empowered to act on behalf of the member of the
armed forces to enter into that marriage. As used in this
subsection, "member of the armed forces" means a member of the
national guard, United States army, navy, marine corps, air force,
or coast guard serving outside of the United States, including
reserve components.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No.____ or House Bill No. 6351(request no.
07062'06) of the 93rd Legislature is enacted into law.