Bill Text: MI HB4229 | 2021-2022 | 101st Legislature | Introduced
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). TIE BAR WITH: HB 4226'21, HB 4227'21
Spectrum: Moderate Partisan Bill (Democrat 35-6)
Status: (Introduced - Dead) 2021-02-16 - Bill Electronically Reproduced 02/11/2021 [HB4229 Detail]
Download: Michigan-2021-HB4229-Introduced.html
HOUSE BILL NO. 4229
February 11, 2021, Introduced by Reps. Filler,
Anthony, Koleszar, Cynthia Johnson, Puri, Sowerby, Liberati, Scott,
Ellison, Brabec, O'Neal, Bolden, Hertel, Young, Clemente, Hood, Weiss,
Cavanagh, Morse, Frederick, Cherry, Sneller, Fink, Tate, Sabo, Tyrone
Carter, Peterson, Manoogian, Aiyash, Kuppa, Hammoud, Brixie, Jones,
Pohutsky, Rendon, Stone, Yaroch, Beson, Neeley, Breen and Yancey 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 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, 2021, 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, 2022, 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 101st Legislature are
enacted into law:
(a) Senate Bill No.____ or House Bill No. 4226
(request no. 00458'21).
(b) Senate Bill No.____ or House Bill No. 4227 (request no. 00458'21 a).
