Bill Text: MI HB4004 | 2019-2020 | 100th Legislature | Introduced

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Bill Title: Family law: marriage and divorce; minimum without publicity for persons under 18 years of age; prohibit. Amends sec. 1 of 1897 PA 180 (MCL 551.201).

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Introduced - Dead) 2019-03-08 - Bill Electronically Reproduced 01/09/2019 [HB4004 Detail]

Download: Michigan-2019-HB4004-Introduced.html

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HOUSE BILL No. 4004

 

 

January 9, 2019, Introduced by Reps. Filler, Hope and Anthony 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

 

probate 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 probate judge. of probate.

 

     (2) The judge of probate Until December 31, 2019, a probate

 

judge 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 is required only of a parent to whom custody of a

 

child has been awarded by a court. The consent shall is 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) Beginning January 1, 2020, a probate judge shall not

 

marry, without publicity, persons under marriageable age.

 

     (5) (4) The judge of probate judge may authorize an order nunc

 

pro tunc regarding the date to appear on the marriage license.

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.

 

     Enacting section 2. This amendatory act does not take effect

 

unless all of the following bills of the 100th Legislature are

 

enacted into law:

 

     (a) Senate Bill No.____ or House Bill No. 4003 (request no.

 

00790'19).

 

     (b) Senate Bill No.____ or House Bill No. 4005 (request no.

 

00790'19 a).