Michigan Marriage Counseling Bill


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HOUSE BILL NO. 4631

VERSION: Introduced April 15, 1997

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 3 and 3a (MCL 551.103 and 551.103a), section as amended by 1984 PA 346 and section 3a as amended by 1989 PA 270, and by adding sections 2a and 2b.

TEXT:

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

SEC. 2A. (1) EXCEPT AS PROVIDED IN SUBSECTION (3), A MAN AND A WOMAN WHO INTEND TO APPLY FOR A MARRIAGE LICENSE SHALL TOGETHER COMPLETE A PROGRAM IN PREMARITAL EDUCATION OR COUNSELING AS PRESCRIBED IN SECTION 2B. THE INDIVIDUALS APPLYING FOR THE MARRIAGE LICENSE SHALL VERIFY COMPLETION OF THE PROGRAM BY A STATEMENT TO THAT EFFECT IN THE APPLICATION AFFIDAVIT AND BY FILING WITH THE APPLICATION A CERTIFICATE OF COMPLETION FROM THE PROGRAM ADMINISTRATOR.


(2) EXCEPT AS PROVIDED IN SUBSECTION (3), IF AN INDIVIDUAL WHO IS INTENDING TO APPLY FOR A MARRIAGE LICENSE IS LESS THAN 18 YEARS OF AGE, BOTH PARTIES APPLYING FOR THE LICENSE AND AT LEAST 1 PARENT OR GUARDIAN OF EACH PARTY WHO IS A MINOR SHALL COMPLETE AND VERIFY A PROGRAM OF PREMARITAL EDUCATION OR COUNSELING AS PRESCRIBED IN SECTION 2B. THE PARENT'S OR GUARDIAN'S ATTENDANCE REQUIREMENT PRESCRIBED BY THIS SUBSECTION DOES NOT APPLY IF THE MINOR WHO INTENDS TO APPLY FOR A MARRIAGE LICENSE IS EMANCIPATED AS PROVIDED IN 1968 PA 293, MCL 722.1 TO 722.6.

(3) AN INDIVIDUAL APPLYING FOR A MARRIAGE LICENSE MAY CHOOSE NOT TO COMPLY WITH THIS SECTION. IF EITHER PARTY TO A MARRIAGE LICENSE APPLICATION DOES NOT COMPLY WITH THIS SECTION, THE LONGER WAITING PERIOD IN SECTION 3A APPLIES.

SEC. 2B. (1) A PREMARITAL EDUCATION OR COUNSELING PROGRAM REQUIRED BY SECTION 2A SHALL BE CONDUCTED ONLY BY 1 OR MORE OF THE FOLLOWING:

(A) A LICENSED PROFESSIONAL COUNSELOR, LICENSED MARRIAGE AND FAMILY THERAPIST, OR LICENSED OR LIMITED LICENSED PSYCHOLOGIST LICENSED AS PROVIDED IN ARTICLE 15 OF THE PUBLIC HEALTH CODE, 1978 PA 368, MCL 333.16101 TO 333.18838.
(B) A SOCIAL WORKER OR CERTIFIED SOCIAL WORKER MEETING THE REQUIREMENTS OF AND REGISTERED UNDER, RESPECTIVELY, SECTION 1605 OR 1606 OF THE OCCUPATIONAL CODE, 1980 PA 299, MCL 339.1605 AND 339.1606.
(C) A PSYCHIATRIST AS THAT TERM IS DEFINED IN SECTION 100C OF THE MENTAL HEALTH CODE, 1974 PA 258, MCL 330.1100C.

(D) AN OFFICIAL REPRESENTATIVE OF A RELIGIOUS INSTITUTION OR HIS OR HER DESIGNEE.

(2) EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, A PROGRAM REQUIRED BY SECTION 2A SHALL INCLUDE, BUT IS NOT LIMITED TO, TRAINING FOR COUPLES INTENDING TO MARRY COVERING THE FOLLOWING TOPICS:

(A) CONFLICT MANAGEMENT.

(B) COMMUNICATION SKILLS.

(C) FINANCIAL RESPONSIBILITIES.

(D) CHILDREN AND PARENTING RESPONSIBILITIES.

(E) IF 1 OF THE PARTIES IS A MINOR, BOTH OF THE FOLLOWING:

(I) MINORS AND MARRIAGE.

(II) EXTENDED FAMILY ROLES AND THE MARRIAGE.

(3) IF THE INDIVIDUAL CONDUCTING A PROGRAM DESCRIBED IN THIS SECTION IS AN OFFICIAL REPRESENTATIVE OF A RELIGIOUS INSTITUTION OR HIS OR HER DESIGNEE, THE PROGRAM MAY OMIT TRAINING COVERING A TOPIC LISTED IN SUBSECTION (2) IF TRAINING ON THAT TOPIC WOULD VIOLATE A TENET OF THE RELIGIOUS INSTITUTION.

(4) A PROGRAM PROVIDER SHALL OFFER A FEE SCHEDULE FOR THE PROGRAM DESCRIBED IN THIS SECTION THAT ACCOMMODATES FAMILIES OF VARIOUS FINANCIAL MEANS, INCLUDING ALLOWING PARTICIPATION BY INDIGENT INDIVIDUALS FOR NO FEE. PAYMENT FOR AN EDUCATION OR COUNSELING PROGRAM SHALL BE MADE DIRECTLY TO THE PROGRAM PROVIDER.
...

Sec. 3a. (1) A license to marry shall not be delivered within a period of 3 days including the date of application. However, the county clerk of each county, for good and sufficient cause shown, may deliver the license immediately following the application. A marriage license issued UNDER THIS SUBSECTION is void unless a marriage is solemnized under the license within 33 days after the application. THIS SUBSECTION DOES NOT APPLY IF SUBSECTION (2) APPLIES.

(2) IF A PARTY TO A MARRIAGE LICENSE APPLICATION DOES NOT COMPLY WITH SECTION 2A, THE CLERK SHALL NOT DELIVER THE MARRIAGE LICENSE WITHIN 60 DAYS AFTER THE DATE OF THE APPLICATION. A MARRIAGE LICENSE ISSUED UNDER THIS SUBSECTION IS VOID UNLESS A MARRIAGE IS SOLEMNIZED UNDER THE LICENSE WITHIN 93 DAYS AFTER THE APPLICATION.

SPONSOR: Dalman

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