HOUSE BILL No. 6232

 

June 10, 2008, Introduced by Reps. Spade, Bieda and Meadows 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 3 (MCL 551.203).

 

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 relating to a marriage under this act in a

 

private file, and, within 10 days after the marriage, shall forward

 

a duplicate to the registrar appointed by the state director of

 

public the department of community health. The state director of

 

public the department of community health shall file the duplicate

 

in a private file and record the filing in a private register. The

 

Except as otherwise provided in subsection (2), the file in the

 

probate court, and the duplicate and record in the state department

 


of public community health, shall be open to inspection only upon

 

the written request and proper proof of identification of 1 or both

 

of the partners parties 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) The private files in subsection (1) shall be made

 

available to the public if either of the following occurs:

 

     (a) Both of the parties to the marriage request the

 

publication of the files.

 

     (b) One of the parties to the marriage requests the

 

publication of the files and the other party to the marriage is

 

deceased.

 

     (3) Subsection (2)(b) does not apply if the parties to the

 

marriage were divorced at the time of death of 1 of the parties.