2024 Senate Bill 1044

Family law: marriage and divorce; persons authorized to solemnize marriage; modify.

A bill to amend 1846 RS 83, entitled “Of marriage and the solemnization thereof,” by amending section 7 (MCL 551.7), as amended by 2014 PA 278.

AI Analysis – Experimental

SB 1044 amends section 7 of the 1846 RS 83, concerning the solemnization of marriage in Michigan. The amendment introduces the role of a "civil celebrant," defined as an individual at least 18 years old who works according to the wishes of the client couple. The bill also specifies that mayors and county clerks, or their designated employees in counties with populations exceeding 1,500,000, must charge a fee for solemnizing marriages. These fees are to be determined by the respective city council or county commissioners and deposited into the general fund of the city or county at the end of each month.

SB 1045 proposes amendments to the 1887 PA 128, which governs the requirements for contracting marriages in Michigan. The primary provisions of the bill mandate that all parties intending to marry must obtain a marriage license from the county clerk in the county where either party resides. If both parties are nonresidents of Michigan, one party must obtain the license from the county where the marriage will occur. The bill specifies that the person officiating the marriage, as authorized under Section 7 of 1846 RS 83, MCL 551.7, is responsible for completing the marriage certificate with details such as the time and place of the marriage, the names and residences of two witnesses, and their own signature. This information must be typewritten or legibly printed. The officiant must also separate the duplicate license and certificate, deliver one part to the married parties, and return the original to the issuing county clerk within ten days. Additionally, the officiant is required to maintain an accurate record of all marriages performed. The bill increases the penalty for officiating a marriage without a properly issued license or violating any provisions of the act to a misdemeanor, punishable by a fine of $500 or imprisonment for 90 days if the fine is not paid.

These bills are contingent on the passage of the other.

Introduced in the Senate

Oct. 23, 2024

Introduced by Sen. Veronica Klinefelt (D-11)

Referred to the Committee on Local Government