HB-4802, As Passed House, December 6, 2017

HB-4802, As Passed Senate, December 6, 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.