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.