HB-6067, As Passed House, December 7, 2016

HOUSE BILL No. 6067

(as amended December 7, 2016)

November 29, 2016, Introduced by Rep. Lyons and referred to the Committee on Elections.

A bill to amend 1978 PA 368, entitled

"Public health code,"

by amending section 2891 (MCL 333.2891), as amended by 2013 PA 136,

and by adding section 2882b.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1 Sec. 2882b. [(1)] Upon the written request of an individual and

2 without payment of the prescribed fee, the state registrar shall,

3 or a local registrar may, conduct a search for the individual's

4 live birth record and issue either a certified copy of that record

5 or the official statement described in section 2891(2) to the

6 individual if the individual executes, under penalty of perjury, an

7 affidavit in a form prescribed by the state registrar certifying

8 that the individual is requesting the record for the purpose of

9 obtaining an official state personal identification card from the

House Bill No. 6067 as amended December 7, 2016

1 secretary of state under 1972 PA 222, MCL 28.291 to 28.300, and the

2 cost of the record is prohibitive to the individual.

[(2) For the 2016-2017 fiscal year, $1,000,000.00 is appropriated from the general fund to the department of health and human services to issue certified copies of live birth records and to implement the amendatory act that added this section.]

3 Sec. 2891. (1) The state registrar or a local registrar shall,

4 upon receipt of a written request and, except as otherwise provided

5 in this part, payment of the prescribed fee, conduct a search for a

6 vital record for an individual who purports to be eligible under

7 section 2882 or for an agency under section 2883(2) to receive a

8 certified copy, administrative use copy, or a statistical use copy

9 of the requested vital record.

10 (2) If a search for a vital record is conducted by the state

11 registrar and the vital record cannot be located, the state

12 registrar shall issue an official statement that the vital record

13 could not be located instead of a certified copy or an

14 administrative use copy of the vital record. If a search for a

15 vital record is conducted by a local registrar and the vital record

16 cannot be located, the local registrar ~~is not required to~~ may issue

17 an official statement as described in this subsection, and, if

18 applicable, the local registrar may waive the prescribed fee.

19 (3) The state registrar or a local registrar may require an

20 applicant who requests a certified copy, an administrative use

21 copy, or a statistical use copy of a vital record to provide

22 verification of his or her identity before releasing the vital

23 record if eligibility for the vital record is restricted under

24 section 2882 or the request for a certified copy of the vital

25 record is made by the applicant under section 2882b.

26 (4) Subject to subsection (8) and except as otherwise provided

27 in this part, the fees for a search for a vital record are as

1 follows:

2	(a) A search including 1 certified copy,
3	1 administrative use copy, or 1 statistical use
4	copy of a vital record or an official statement
5	issued by the state registrar that a vital record
6	could not be located.................................. $ 34.00
7	(b) Additional identical copies ordered at
8	the same time......................................... $ 16.00
9	per copy
10	(c) Additional years searched.................... $ 12.00
11	per year
12	(d) An authenticated copy........................ $ 42.00
13	(e) Additional authenticated copies ordered
14	at the same time...................................... $ 26.00
15	per copy
16	(f) Verification of facts delineated in
17	section 2881(2)....................................... $ 18.00
18	(g) Except as otherwise provided in
19	subdivision (h), a request for an expedited
20	search for a vital record under this
21	subsection............................................ $ 12.00
22	(h) A request for an expedited search
23	for an authenticated copy of a vital
24	record under subdivision (d).......................... $ 25.00

25 (5) The fees for establishment or registration of a vital

26 record are as follows:

1	(a) Application for establishment of a
2	delayed certificate of birth or death that
3	includes 1 certified copy or an official
4	denial of the application............................. $ 50.00
5	(b) Registration of a delayed certificate
6	of birth for a foreign born adopted child that
7	includes 1 certified copy............................. $ 50.00

8 (6) Upon formal application of a soldier; sailor; marine;

9 member of the coast guard; nurse; member of a women's auxiliary; or

10 other ~~person~~ individual who is entitled to a bonus, a pension, or

11 other compensation under a law of this state, the United States, or

12 another state or territory of the United States or a service

13 auxiliary for a vital record for the purpose of obtaining the

14 bonus, pension, or compensation, the state registrar shall furnish

15 1 certified copy of the vital record requested without charge. If

16 the ~~person~~ individual entitled to the vital record is deceased or

17 mentally incompetent, the state registrar may furnish the copy to

18 an heir, guardian, or legal representative of the ~~person.~~

19 individual. The state registrar shall label a certified copy

20 furnished under this subsection with the following statement: "for

21 veteran's benefits only, not for personal use".

22 (7) Upon formal application, the state registrar or a local

23 registrar shall furnish a certified copy of a vital record without

24 charge to a licensed child placing agency representing a child for

25 adoption purposes. The state registrar or local registrar shall

26 label a certified copy provided under this subsection with the

27 following statement: "for adoption purposes only, not for personal

1 use".

2 (8) Upon formal application, the state registrar shall, except

3 as otherwise provided in this part, charge ~~a person~~ an individual

4 65 years of age or older a fee of $14.00 for a search for and 1

5 certified copy of his or her birth record.

6 (9) The state registrar shall charge the following fees for

7 the creation of new vital records and corrections of vital records:

8	(a) Application to create a new certificate
9	of birth following an adoption; legal change of
10	name for minors; acknowledgment of paternity; sex
11	change; legitimation; order of filiation; or a
12	request to replace a court filed certificate of
13	adoption.............................................. $ 50.00
14	(b) Subject to subsection (10),
15	application received within 1 year of the date
16	of the event to create a new certificate of birth
17	or death to correct obvious minor errors and
18	omissions............................................. $ 50.00
19	(c) An application with a request for an
20	expedited creation of a new certificate under
21	this subsection....................................... $ 25.00

22 (10) The errors and omissions that may be corrected under

23 subsection (9)(b) are limited to the following:

24 (a) The addition of a given first or middle name if a name was

25 not recorded at the time of filing.

26 (b) A change to a social security number.

1 (c) The addition of information originally specified as

2 unknown or that was omitted by error.

3 (d) A minor spelling change.

4 (11) The state registrar shall charge a fee of $50.00 for an

5 application to amend birth and death records more than 1 year after

6 the date of the event for the purpose of adding information or

7 correcting an error in information recorded on the document. The

8 state registrar shall charge a fee of $25.00 for an application

9 with a request for an expedited amendment to a birth or death

10 record under this subsection.

11 (12) The state registrar shall not charge a fee for any of the

12 following:

13 (a) Changing a vital record to correct an error made within

14 the office of a local registrar or the state registrar.

15 (b) Correcting an error if the correction is initiated by the

16 state registrar.

17 (c) Correcting a vital record if the correction is requested

18 by a county medical examiner for a case within his or her

19 jurisdiction.

20 (d) Correcting a record if the correction is ordered by a

21 court of competent jurisdiction following denial by the department

22 of an application to make the correction.

23 (e) Correcting a vital record if the correction is requested

24 by a public agency that is the guardian of the individual to whom

25 the vital record pertains.

26 (13) The state registrar shall charge a fee of $50.00 for an

27 application to amend a birth record regarding a documented legal

1 change of name for an adult. The state registrar shall charge a fee

2 of $25.00 for an application with a request for an expedited

3 amendment to a birth record under this subsection.

4 (14) The state registrar or a local registrar with approval of

5 the state registrar may charge a reasonable fee to cover the costs

6 of special services performed pursuant to section 2883, 2884, or

7 2888.

8 (15) A local registrar shall deposit fees collected under this

9 section as the governing body of the city or county directs. The

10 state registrar shall transmit fees collected under this section to

11 the state treasurer for deposit into the vital records fund created

12 in section 2892.

13 (16) The state registrar shall charge a fee of $12.00 for an

14 application for a copy or a certified copy of a vital records-

15 related document, including, but not limited to, a completed

16 application submitted under this section or a document submitted

17 under this section to support a requested change to a vital record.

18 (17) The state registrar or a local registrar shall not charge

19 a fee other than a fee prescribed in this section. However, a local

20 governmental unit may adopt a system of fees for local registrars

21 under the jurisdiction of the local governmental unit for a search

22 that provides for fees less than those set forth in this section,

23 and a charter county with a population of more than 2,000,000 may

24 adopt a system of fees for a local registrar under the jurisdiction

25 of that charter county that provides for fees more than those set

26 forth in this section. However, a charter county shall not impose a

27 fee that is greater than the cost of the service for which the fee

1 is charged.

2 (18) For searches under subsection (4), a local registrar

3 shall, except as otherwise provided in this part, charge fees

4 according to the following:

5 (a) The governing body of a local governmental unit that has

6 jurisdiction over a local registrar may adopt a system of fees for

7 the local registrar that provides for fees less than or equal to

8 the fees set forth in subsection (4). These fees ~~shall~~ must be used

9 for the maintenance and sustenance of the vital records fees

10 program only. The fees ~~shall~~ must alleviate any burden to the

11 taxpayers to provide this worthwhile program. A charter county with

12 a population of more than 2,000,000 may adopt a system of fees for

13 a local registrar under the jurisdiction of that charter county

14 that provides for fees that are more than the fees set forth in

15 subsection (4). A charter county shall not impose a fee that is

16 greater than the cost of the service for which the fee is charged.

17 A system of fees adopted under this subdivision ~~shall~~ must be used

18 by all local registrars under the jurisdiction of the local

19 governmental unit and ~~shall~~ must be reasonably related to the cost

20 incurred by the local registrar in making the search.

21 (b) If a system of fees is not adopted by a local registrar's

22 local governmental unit under subdivision (a), the local registrar

23 shall not charge a fee other than a fee prescribed in subsection

24 (4).

25 Enacting section 1. This amendatory act takes effect February

26 1, 2018.

27 Enacting section 2. This amendatory act does not take effect