March 24, 2015, Introduced by Senators KNEZEK, WARREN, HERTEL, BIEDA and ANANICH and referred to the Committee on Judiciary.
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 section 1 (MCL 551.201), as amended by 1983 PA 199.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. (1) 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.
(2) The judge of probate 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 more than 14 days after issuance of the process
certifying that after diligent search the parent cannot be found
within the county.
(4) The judge of probate may authorize an order nunc pro tunc
regarding the date to appear on the marriage license.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No. 227
of the 98th Legislature is enacted into law.
Enacting section 2. This amendatory act does not take effect
unless Senate Joint Resolution I of the 98th Legislature becomes a
part of the state constitution of 1963 as provided in section 1 of
article XII of the state constitution of 1963.