Bill Text: MI HB4731 | 2015-2016 | 98th Legislature | Introduced
Bill Title: Family law; marriage and divorce; requirement for issuance of marriage license; eliminate. Amends title & secs. 1, 2, 3 & 4 of 1897 PA 180 (MCL 551.201 et seq.) & adds sec. 1a. TIE BAR WITH: HB 4732'15, HB 4733'15
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2015-06-18 - Printed Bill Filed 06/18/2015 [HB4731 Detail]
Download: Michigan-2015-HB4731-Introduced.html
HOUSE BILL No. 4731
June 17, 2015, Introduced by Reps. Courser and Gamrat and referred to the Committee on Government Operations.
A bill to amend 1897 PA 180, entitled
"An act to provide for the issuance of marriage licenses and
certificates without publicity in certain cases; and to provide
criminal and civil penalties for violation of this act,"
by amending the title and sections 1, 2, 3, and 4 (MCL 551.201,
551.202, 551.203, and 551.204), the title and sections 1 and 2 as
amended by 1983 PA 199, and by adding section 1a.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
TITLE
An
act to provide for the issuance of marriage licenses and
certificates without publicity in certain cases; and to provide
criminal and civil penalties for violation of this act.
Sec.
1. (1) When Before 90 days
after the effective date of
the amendatory act that added section 1a, when a person desires to
keep the exact date of his or her marriage to a person of the
opposite sex a secret, the judge of probate may issue, without
publicity, a marriage license to any person making application,
under oath, if there is good reason expressed in the application
and determined to be sufficient by the judge of probate. Beginning
90 days after the effective date of the amendatory act that added
section 1a, when a person desires to keep the exact date of his or
her marriage to a person of the opposite sex a secret, the clergy
may issue, without publicity, a marriage certificate to any person
making application, under oath, if there is good reason expressed
in the application and determined to be sufficient by the clergy.
(2)
The Before 90 days after
the effective date of the
amendatory act that added section 1a, the judge of probate and
beginning 90 days after the effective date of the amendatory act
that added section 1a, the clergy may marry, without publicity,
persons
under marriageable age, as provided in section 3 of Act No.
128
of the Public Acts of 1887, being section 551.103 of the
Michigan
Compiled Laws, 1887 PA 128,
MCL 551.103, if the
application for the license is accompanied by 1 of the following:
(a) A written request of all of the biological or adopting
living parents of both parties, and their guardian or guardians if
either or both of the parents are dead.
(b) A written request of the parents or guardians of the party
under marriageable age if only 1 party to the marriage is under the
marriageable age.
(3) If the noncustodial parent has been given notice of the
request for consent by personal service or registered mail at his
or her last known address and the noncustodial parent fails to
enter an objection within 5 days after receipt of notice, then the
consent shall be required only of a parent to whom custody of a
child has been awarded by a court. The consent shall not be
required of a parent confined under sentence in a state or federal
penal
institution or confined in a mental hospital under
adjudication of legal incapacity by a court of competent
jurisdiction or upon the return of process by the sheriff of the
county in which the parent was last known to reside made not less
than
5 nor or more than 14 days after issuance of the process
certifying that after diligent search the parent cannot be found
within the county.
(4)
The Before 90 days after
the effective date of the
amendatory act that added section 1a, the judge of probate may
authorize an order nunc pro tunc regarding the date to appear on
the marriage license.
Sec. 1a. As used in this act, "clergy" means a minister of the
gospel, cleric, or religious practitioner.
Sec.
2. (1) Each Before
90 days after the effective date of
the amendatory act that added section 1a, each application made
under this act for a marriage license shall be in the usual form
and shall be accompanied by a fee of $3.00, $2.00 of which the
judge of probate shall keep for services rendered, and $1.00 of
which the judge of probate shall forward to the state registrar for
deposit in the state general fund. The judge of probate, upon the
filing of an application under this act, shall perform the marriage
ceremony. If the applicant or either of the parties to the marriage
desires to have the marriage ceremony performed by some person
competent to perform the marriage ceremony other than the judge of
probate, the judge of probate shall issue a written permit to the
person designated by the applicant or contracting party directing
that person to perform the marriage ceremony. The party so
designated, if competent to perform the marriage ceremony under the
laws of this state, may perform the marriage ceremony, but a record
shall not be made of the marriage, except the record made by the
judge of probate under this act. Upon the performance of the
marriage ceremony, the party performing it shall return the
marriage certificate to the judge of probate, who shall attach the
license and certificate to the application. The papers described in
this section shall be executed in duplicate, and the person
performing the marriage ceremony shall deliver a certificate of the
marriage to the parties.
(2) Beginning 90 days after the effective date of the
amendatory act that added section 1a, each application made under
this act for a marriage certificate shall be in the usual form and
shall be accompanied by a fee of $3.00, $2.00 of which the clergy
shall keep for services rendered, and $1.00 of which the clergy
shall forward to the state registrar for deposit in the state
general fund. The clergy, upon the filing of an application under
this act, shall perform the marriage ceremony. Upon the performance
of the marriage ceremony, the clergy shall return the marriage
certificate to the clerk of the county in which either of the
parties being married resides or the clerk of the county in which
the ceremony was performed, who shall attach the certificate to the
application. The papers described in this section shall be executed
in duplicate, and the clergy performing the marriage ceremony shall
deliver a certificate of the marriage to the parties.
Sec. 3. (1)
The Before 90 days after the effective date of the
amendatory act that added section 1a, the judge of probate shall
file a complete set of all papers in each case in a private file,
and, within 10 days after the marriage, shall forward a duplicate
to
the state registrar. appointed by the state director of public
health.
The state director of public
health registrar shall file
the duplicate in a private file and record the filing in a private
register. The file in the probate court, and the duplicate and
record
in with the state department of public health, registrar,
shall be open to inspection only upon the written request and
proper proof of identification of 1 or both of the partners to the
marriage, or upon the written order of a judge of the circuit court
of this state, and only for the use designated in the order. The
order
shall be made only upon the written request of the person or
persons
who were was married
under this act, or if necessary for
the protection of property rights arising from or affected by the
marriage.
(2) Beginning 90 days after the effective date of the
amendatory act that added section 1a, the county clerk shall file a
complete set of all papers in each case in a private file and,
within 10 days after the marriage, shall forward a duplicate to the
state registrar. The state registrar shall file the duplicate in a
private file and record the filing in a private register. The file
in the county records, and the duplicate and record with the state
registrar, shall be open to inspection only upon the written
request and proper proof of identification of 1 or both of the
partners to the marriage, or upon the written order of a judge of
the circuit court of this state, and only for the use designated in
the order. The order shall be made only upon the written request of
the person who was married under this act, or if necessary for the
protection of property rights arising from or affected by the
marriage.
Sec.
4. (1) All Before
90 days after the effective date of the
amendatory
act that added section 1a, all knowledge
of facts which
shall
come that comes to the judge of probate, state registrar or
an agent or employee of the state registrar, the physician
endorsing the application, or a witness to the marriage under the
license
issued under this act shall be is
privileged
communications. A violation of confidence by the judge of probate,
state registrar or an agent or employee of the state registrar, the
physician,
or a witness is a misdemeanor , punishable
by a fine of
not
less than $25.00 , nor or
more than $100.00 , plus the costs of
prosecution,
and, in default of the payment, imprisonment for not
more than 3 months, or both. An editor, publisher, or proprietor of
a newspaper or publication within this state giving publicity to a
license or marriage performed under this act is guilty of a
misdemeanor
punishable by a fine of not less than $50.00 , nor or
more
than $100.00 , plus
the costs of prosecution, and, in default
of
the payment, imprisonment for not
more than 30 days, or both. In
addition,
the editor, publisher, or proprietor shall be is liable
in an action of libel to the parties married under the license. If
the judge of probate performing the marriage ceremony under a
license issued under this act neglects to make proper return, the
judge shall be fined, in addition to penalties prescribed by the
laws of this state, not more than $50.00.
(2) Beginning 90 days after the effective date of the
amendatory act that added section 1a, all knowledge of facts that
comes to the clergy, the state registrar or an agent or employee of
the state registrar, the physician endorsing the application, or a
witness to the marriage under the certificate issued under this act
is privileged communications. A violation of confidence by the
clergy, the state registrar or an agent or employee of the state
registrar, the physician, or a witness is a misdemeanor punishable
by a fine of not less than $25.00 or more than $100.00 plus the
costs of prosecution, imprisonment for not more than 3 months, or
both. An editor, publisher, or proprietor of a newspaper or
publication within this state giving publicity to a certificate or
marriage performed under this act is guilty of a misdemeanor
punishable by a fine of not less than $50.00 or more than $100.00
plus the costs of prosecution, imprisonment for not more than 30
days, or both. In addition, the editor, publisher, or proprietor is
liable in an action of libel to the parties married under the
certificate. If the clergy performing the marriage ceremony under a
certificate issued under this act neglects to make proper return,
the clergy shall be fined, in addition to penalties prescribed by
the laws of this state, not more than $50.00.
Enacting section 1. This amendatory act does not take effect
unless and until the United States Supreme Court determines that
section 25 of article I of the state constitution of 1963 is
unconstitutional.
Enacting section 2. This amendatory act does not take effect
unless all of the following bills of the 98th Legislature are
enacted into law:
(a) Senate Bill No.____ or House Bill No. 4733 (request no.
02477'15).
(b) Senate Bill No.____ or House Bill No. 4732 (request no.
02477'15 a).
