Bill Text: MI HB4802 | 2017-2018 | 99th Legislature | Engrossed
Bill Title: Records; marriage; private filing of certain marriage records; allow to make record public. Amends secs. 3 & 4 of 1897 PA 180 (MCL 551.203 & 551.204).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2017-12-28 - Assigned Pa 200'17 With Immediate Effect [HB4802 Detail]
Download: Michigan-2017-HB4802-Engrossed.html
HB-4802, As Passed House, October 11, 2017
HOUSE BILL No. 4802
June 20, 2017, Introduced by Reps. Cole, Lucido, Miller, Leutheuser and Runestad and referred to the Committee on Families, Children, and Seniors.
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 sections 3 and 4 (MCL 551.203 and 551.204).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 3. (1) 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
registrar director of public health shall file the duplicate
in
a private file and record the filing in a private register. The
Except as provided in subsections (2) and (3), the file in the
probate court, and the duplicate and record in the state department
of
public health and human
services, 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 married under
this act, or if necessary for the protection of property rights
arising from or affected by the marriage.
(2) Except as provided in subsection (3), after both parties
to a marriage made private under this act are over 18 years of age,
both parties may petition the court to unseal the record of their
marriage. If the court receives a petition under this subsection or
subsection (3), the court shall enter an order to unseal the record
of the marriage upon finding all of the following:
(a) The petitioners were married without publicity under
section 1.
(b) The petitioners are both over 18 years of age at the time
of filing the petition.
(c) Both of the petitioners wish to unseal the record of the
marriage.
(3) If a party to a marriage made private under this act is
deceased and the surviving party is 18 years of age or older, the
surviving party may petition the court to unseal the record of the
marriage.
(4) Upon entering an order under subsection (2), the court
shall forward a copy of the license and certificate of marriage to
the county clerk in the county in which the license was issued. If
the court unseals a record of a marriage under this section, the
court shall forward a copy of the record to the state registrar.
(5) Access to a record of marriage unsealed under subsection
(2) or (3) is the same as access to a vital record provided under
part 28 of the public health code, 1978 PA 368, MCL 333.2801 to
333.2899.
Sec.
4. (1) All Except
as provided in subsection (2), all
knowledge
of facts which shall that come 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 more than $100.00, plus the costs of
prosecution, and, in default of the payment, imprisonment for not
more than 3 months. 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 more
than $100.00, plus the costs of prosecution, and, in default of the
payment, imprisonment for not more than 30 days. 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) This section does not apply to a license that is unsealed
under section 3(2) or (3).
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
