HOUSE BILL No. 6300 November 12, 1998, Introduced by Reps. Brewer and Kelly and referred to the Committee on Health Policy. A bill to amend 1978 PA 368, entitled "Public health code," by amending section 2891 (MCL 333.2891), as amended by 1992 PA 78. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 2891. (1) The state registrar or a local registrar 2 shall, upon receipt of a written request and payment of the pre- 3 scribed fee, conduct a search for a vital record forpersonsAN 4 INDIVIDUAL whopurportPURPORTS to be eligiblepursuant to5 UNDER section 2882 to receive a copy, certified copy, or certifi- 6 cate of registration of the requested document. 7 (2) If a search for a vital record is conducted by the state 8 registrar and the VITAL record cannot be located, the state 9 registrar shall issue an official statement to the effect that 10aTHE VITAL record could not be located in place of a copy OF 06294'98 CPD 2 1 THE VITAL RECORD, a certified copy OF THE VITAL RECORD, or a 2 certificate of registration ofaTHE vital record. IftheA 3 search FOR A VITAL RECORD is conducted by a local registrar, an 4 official statement to the effect thataTHE VITAL record could 5 not be located is not required, and the LOCAL REGISTRAR MAY WAIVE 6 THE PRESCRIBED fee.prescribed may be waived.7 (3) The state registrar or a local registrar may require an 8 applicant who requests a copy OF A VITAL RECORD, a certified copy 9 OF A VITAL RECORD, or a certificate of registration of a vital 10 record to provide verification of his or her identity before 11 releasing the document if eligibility for the document is 12 restrictedpursuant toUNDER section 2882. 13 (4) The fees for a VITAL RECORD search are as follows: 14 (a) A search including 1 copy, 1 certified 15 copy, or 1 certificate of registration of a 16 vital record or an official statement that a 17 VITAL record could not be located............... $13.00 18 (b) Additional identical copies 19 ordered at the same time................ 4.00 per copy 20 (c) Additional years searched...... 4.00 per year 21 (d) Exemplified copies........................ 16.00 22 (e) Additional exemplified copies ordered at 23 the same time...................................... 7.00 24 (f) Verification of facts delineated in sec- 25 tion 2881(2)....................................... 4.00 26 (5) The fees for establishment and registration OF A VITAL 27 RECORD are as follows: 06294'98 3 1 (a) Application for establishment of a delayed 2 certificate of birth or death that includes 1 certified 3 copy or an official denial of the application............ $26.00 4 (b) Registration of a delayed certificate of birth for 5 a foreign born adopted child that includes 1 certified 6 copy..................................................... 13.00 7 (6) Upon formal application of a soldier; sailor; marine; 8 member of the coast guard; nurse; member of a women's auxiliary; 9 or a person who is entitled to a bonus or a pension or other com- 10 pensation under a law of this state, the United States, or other 11 state or territory of the United States or a service auxiliary, 1 12 certified copy of a vital record requested from thedepartment13 STATE REGISTRAR OR A LOCAL REGISTRAR shall be furnished without 14 charge for the purpose of securing the bonus, pension, or OTHER 15 compensation. If thepersonINDIVIDUAL entitled to the VITAL 16 record is deceased or mentally incompetent, the CERTIFIED copy 17 may be furnished to an heir, guardian, or legal representative of 18 thepersonINDIVIDUAL. 19 (7) Upon formal application, a copy or a certified copy of a 20 vital record shall be furnished by the state registrar or a local 21 registrar without charge for official use only to a court; TO a 22 department, agency, or political subdivision of this state, the 23 United States, or another state; TO THE UNITED STATES DEPARTMENT 24 OF DEFENSE, A BRANCH OF THE UNITED STATES ARMED FORCES, OR AN 25 AGENCY, BUREAU, DEPARTMENT, OR RECRUITING STATION OF 1 OF THOSE 26 ENTITIES; TO a licensed child placing agency for adoption 27 purposes; or to an official registrar of a foreign country. A 06294'98 4 1 copy or a certified copy OF A VITAL RECORD provided under this 2 subsection shall be marked "for official use only". 3 (8) UPON FORMAL APPLICATION, A COPY OR A CERTIFIED COPY OF A 4 VITAL RECORD SHALL BE FURNISHED BY THE STATE REGISTRAR OR A LOCAL 5 REGISTRAR WITHOUT CHARGE FOR ADMINISTRATIVE USE TO THE UNITED 6 STATES DEPARTMENT OF DEFENSE, A BRANCH OF THE UNITED STATES ARMED 7 FORCES, OR AN AGENCY, BUREAU, DEPARTMENT, OR RECRUITING STATION 8 OF 1 OF THOSE ENTITIES. 9 (9)(8)Upon formal application,a personAN INDIVIDUAL 10 65 years of age or older shall be charged a fee of $5.00 for a 11 search and 1 copy, 1 certified copy, or 1 certificate of regis- 12 tration of his or her birth record. 13 (10)(9)The following fees shall be charged for the cre- 14 ation of A new vitalrecordsRECORD andcorrectionsTHE 15 CORRECTION of A vitalrecordsRECORD: 16 (a) Application to create a new certificate of 17 birth following an adoption; legal change of name for 18 minors; acknowledgment of paternity; sex change; 19 legitimation; order of filiation; orarequest to 20 replace a court filed certificate of adoption............ $26.00 21 (b) Application received within 1 year of the date of 22 the event to create a new certificate of birth or death to 23 correct obvious minor errors and omissions............... 26.00 24 The errors and omissions that may be corrected under this subdi- 25 vision are limited to the following: 06294'98 5 1 (i) The addition of a given first or middle namewhenIF a 2 GIVEN FIRST OR MIDDLE name was not recorded at the time of 3 filing. 4 (ii) A change to a social security number. 5 (iii) The addition of information originally specified as 6 unknown or that was omitted by error. 7 (iv) A minor spelling change. 8 (11)(10)A fee of $26.00 shall be charged for an applica- 9 tion to amend birth and death records more than 1 year after the 10 date of the event for the purpose of adding information or cor- 11 recting an error in information recorded on thedocumentBIRTH 12 OR DEATH RECORD. 13 (12)(11)A fee shall not be assessed forany1 OR MORE 14 of the following: 15 (a) Changing a vital record to correct an error made within 16 the office of a local registrar or the state registrar. 17 (b) Correcting an errorwhenIF THE CORRECTION IS initi- 18 ated by the state registrar. 19 (c) Correcting a VITAL recordwhenIF THE CORRECTION IS 20 requested by a COUNTY medical examiner OR DEPUTY COUNTY MEDICAL 21 EXAMINER for a case within his or her jurisdiction. 22 (d) Correcting a VITAL recordwhenIF thechange23 CORRECTION is ordered by a court of competent jurisdiction fol- 24 lowing denial by the department of an application to make a 25changeCORRECTION. 06294'98 6 1 (e) Correcting a VITAL recordwhenIF requested to do so 2 by a public agency where the agency is the guardian of the 3 individual to whom the VITAL record pertains. 4 (13)(12)A fee of $26.00 shall be charged for an applica- 5 tion to amend a birth record regarding a documented legal change 6 of name for an adult. 7 (14)(13)The state registrar or a local registrar with 8 approval of the state registrar may charge a reasonable fee to 9 cover the costs of special services performed pursuant to section 10 2883, 2884, or 2888. 11 (15)(14)Fees collected under this section by a local 12 registrar shall be deposited as the governing body of the city or 13 county directs. Fees collected under this section by the state 14 registrar shall be deposited in the state treasury and credited 15 to the general fund of this state. 16 (16)(15)The state registrar or a local registrar shall 17 not charge a fee other than a fee prescribed in this section. 18 However, a local governmental unit may adopt a system of fees for 19 local registrars under the jurisdiction of the local governmental 20 unit for a search that provides for fees less than those set 21 forth in this section, and a charter county with a population of 22 more than 2,000,000 may adopt a system of fees for that charter 23 county that provides for fees more than those set forth in this 24 section. A charter county shall not impose a fee that is greater 25 than the cost of the service for which the fee is charged. 26 (17)(16)For searches under subsection (4) a local 27 registrar shall charge fees according to the following: 06294'98 7 1 (a) The governing body of a local governmental unit that has 2 jurisdiction over a local registrar may adopt a system of fees 3 for the local registrar that provides for fees less than or equal 4 to the fees set forth in subsection (4), or, in a charter county 5 with a population of more than 2,000,000, more than the fees set 6 forth in subsection (4). A charter county shall not impose a fee 7 that is greater than the cost of the service for which the fee is 8 charged. The system of fees ADOPTED UNDER THIS SUBDIVISION shall 9 be used by all local registrars under the jurisdiction of the 10 local governmental unit, and shall be reasonably related to the 11 cost incurred by the local registrar in making the search. 12 (b) If a system of fees is not adopted by a local 13 registrar's local governmental unit UNDER SUBDIVISION (A), the 14 local registrar shall not charge a fee other than a fee pre- 15 scribed in subsection (4). 06294'98 Final page. CPD