Substitute For
HOUSE BILL NO. 5289
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending sections 2882 and 2891 (MCL 333.2882 and 333.2891), section 2882 as amended by 2002 PA 691 and section 2891 as amended by 2019 PA 89.
the people of the state of michigan enact:
1
2
3
4
5
6
7
Sec. 2882. (1) Except as otherwise provided in section 2890, upon on receipt of a written request and payment of the prescribed fee, if any, the state registrar or local registrar shall issue the appropriate 1 of the following:
(a) A certified copy of a live birth record, an affidavit of parentage filed after June 1, 1997, or a certificate or other record of stillbirth filed after June 1, 2003 to 1 of the
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
following:
(i) The individual who is the subject of the record.
(ii) A parent named in the record.
(iii) An heir, a legal representative, or a legal guardian of the individual who is the subject of the record.
(iv) A court of competent jurisdiction.
(b) If the live birth record is 100 or more years old, a certified copy of the live birth record to any applicant.
(c) A certified copy of a death record, including the cause of death, to any applicant.
(d) A certified copy of a marriage or divorce record to any applicant, except as provided by rule.
(e) A certified copy of a fetal death record that was filed before September 30, 1978, to any applicant.
(2) Upon On receipt of a written request of an adult who has been adopted and payment of the prescribed fee, the state registrar shall issue to that individual a copy of his or her original certificate of live birth, if the written request identifies the name of the adult adoptee and is accompanied by a copy of a central adoption registry clearance reply form that was completed by the family independence agency department and delivered to that individual as required by under section 68(9) of the Michigan adoption code, chapter X of the probate code of 1939, 1939 PA 288, MCL 710.68.
(3) Upon On receipt of a written request of a confidential intermediary appointed under section 68b of the Michigan adoption code, chapter X of the probate code of 1939, 1939 PA 288, MCL 710.68b, presentation of a certified copy of the order of appointment, identification of the name of the adult adoptee, and
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
payment of the required fee, the state registrar shall issue to the confidential intermediary a copy of the original certificate of live birth of the adult adoptee on whose behalf the intermediary was appointed.
(4) A copy of the original certificate of live birth provided under subsection (2) or (3) shall must have the following phrase marked on the face of the copy: "This document is a copy of a sealed record and is not the active birth certificate of the individual whose name appears on this document".
Sec. 2891. (1) The state registrar or a local
registrar shall, on receipt of a written request and payment of the prescribed
fee, conduct a search for a vital record for an individual who purports to be
eligible under section 2882 or for an agency under section 2883(2) to receive a
certified copy, administrative use copy, or a statistical use copy of the
requested vital record.
(2) If a search for a vital record is conducted by the
state registrar and the vital record cannot be located, the state registrar
shall issue an official statement that the vital record could not be located
instead of a certified copy or an administrative use copy of the vital record.
If a search for a vital record is conducted by a local registrar and the vital
record cannot be located, the local registrar is not required to issue an
official statement as described in this subsection, and the local registrar may
waive the prescribed fee.
(3) The state registrar or a local registrar may require
an applicant who requests a certified copy, an administrative use copy, or a
statistical use copy of a vital record to provide verification of his or her
identity before releasing the vital record if eligibility for the vital record
is restricted under
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
section 2882.
(4) Subject to subsection (8), or (19),
or (20), the fees for
a search for a vital record are as follows:
|
(a) A
search including 1 certified copy, 1 administrative use copy, or 1
statistical use copy of a vital record or an official statement issued by the
state registrar that a vital record could not be located............................................ |
$34.00 |
|
(b) Additional identical copies ordered at the same time.......................................... |
$16.00 per copy |
|
(c) Additional years searched................. |
$12.00 per year |
|
(d) An authenticated copy..................... |
$42.00 |
|
(e) Additional authenticated copies ordered at the same time...................................... |
$26.00 per copy |
|
(f) Verification of facts delineated in section 2881(2)............................................ |
$18.00 |
|
(g) Except as otherwise provided in subdivision (h), a request for an expedited search for a vital record under this subsection....................... |
$12.00 |
|
(h) A request for an expedited search for an authenticated copy of a vital record under subdivision (d).................................... |
$25.00 |
(5) The fees for establishment or registration of a
vital record are as follows:
|
$50.00 |
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
|
(b) Registration of a delayed certificate of birth for a foreign born adopted child that includes 1 certified copy................................... |
$50.00 |
(6) On receipt of a formal application of a soldier;
sailor; marine; member of the United States Coast Guard; nurse; member of a
women's auxiliary; or other individual who is entitled to a bonus, a pension,
or other compensation under a law of this state, the United States, or another
state or territory of the United States or a service auxiliary for a vital
record for the purpose of obtaining the bonus, pension, or compensation, the
state registrar shall furnish 1 certified copy of the vital record requested
without charge. If the individual who is entitled to the vital record is
deceased or mentally incompetent, the state registrar may furnish the copy to
an heir, guardian, or legal representative of the individual. The state
registrar shall label a certified copy furnished under this subsection with the
following statement: "for veteran's benefits only, not for personal
use".
(7) On receipt of a formal application, the state
registrar or a local registrar shall furnish a certified copy of a vital record
without charge to a licensed child placing agency representing a child for
adoption purposes. The state registrar or local registrar shall label a
certified copy provided under this subsection with the following statement:
"for adoption purposes only, not for personal use".
(8) On receipt of a formal application, the state
registrar shall charge an individual who is 65 years of age or older a fee of
$14.00 for a search for and 1 certified copy of his or her birth record.
(9) The state registrar shall charge the following
fees for
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
the creation of new vital records and corrections of
vital records:
|
$50.00 |
|
|
(b) Subject to subsection (10), application received within 1 year of the date of the event to create a new certificate of birth or death to correct obvious minor errors and omissions.......................................... |
$50.00 |
|
(c) An application with a request for an expedited creation of a new certificate under this subsection......................................... |
$25.00 |
(10) The errors and omissions that may be corrected
under subsection (9)(b) are limited to the following:
(a) The addition of a given first or middle name if a
name was not recorded at the time of filing.
(b) A change to a Social Security number.
(c) The addition of information originally specified
as unknown or that was omitted by error.
(d) A minor spelling change.
(11) The state registrar shall charge a fee of $50.00
for an application to amend birth and death records more than 1 year after the
date of the event for the purpose of adding information or correcting an error
in information recorded on the document. The state registrar shall charge a fee
of $25.00 for an application with a request for an expedited amendment to a
birth or death
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
record under this subsection.
(12) The state registrar shall not charge a fee for
any of the following:
(a) Changing a vital record to correct an error made
within the office of a local registrar or the state registrar.
(b) Correcting an error if the correction is initiated
by the state registrar.
(c) Correcting a vital record if the correction is
requested by a county medical examiner for a case within his or her
jurisdiction.
(d) Correcting a record if the correction is ordered
by a court of competent jurisdiction following denial by the department of an
application to make the correction.
(e) Correcting a vital record if the correction is
requested by a public agency that is the guardian of the individual to whom the
vital record pertains.
(13) The state registrar shall charge a fee of $50.00
for an application to amend a birth record regarding a documented legal change
of name for an adult. The state registrar shall charge a fee of $25.00 for an
application with a request for an expedited amendment to a birth record under
this subsection.
(14) The state registrar or a local registrar with
approval of the state registrar may charge a reasonable fee to cover the costs
of special services performed under section 2883, 2884, or 2888.
(15) A local registrar shall deposit fees collected
under this section as the governing body of the city or county directs. The
state registrar shall transmit fees collected under this section to the state
treasurer for deposit into the vital records fund created in section 2892.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
(16) The state registrar shall charge a fee of $12.00
for an application for a copy or a certified copy of a vital records-related
document, including, but not limited to, a completed application submitted
under this section or a document submitted under this section to support a
requested change to a vital record.
(17) The state registrar or a local registrar shall
not charge a fee other than a fee prescribed in this section. However, a local
governmental unit may adopt a system of fees for local registrars under the
jurisdiction of the local governmental unit for a search that provides for fees
less than those set forth in this section, and a charter county with a
population of more than 2,000,000 may adopt a system of fees for a local
registrar under the jurisdiction of that charter county that provides for fees
more than those set forth in this section. However, a charter county shall not
impose a fee that is greater than the cost of the service for which the fee is
charged.
(18) For searches under subsection (4), a local
registrar shall charge fees according to the following:
(a) The governing body of a local governmental unit
that has jurisdiction over a local registrar may adopt a system of fees for the
local registrar that provides for fees less than or equal to the fees set forth
in subsection (4). These fees must only be used for the maintenance and
sustenance of the vital records fees program, to alleviate any burden to the
taxpayers to provide this worthwhile program. A charter county with a
population of more than 2,000,000 may adopt a system of fees for a local
registrar under the jurisdiction of that charter county that provides for fees
that are more than the fees set forth in subsection (4). A charter county shall
not impose a fee that is greater than the cost of the
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
service for which the fee is charged. A system of fees
adopted under this subdivision must be used by all local registrars under the
jurisdiction of the local governmental unit and must be reasonably related to
the cost incurred by the local registrar in making the search.
(b) If a system of fees is not adopted by a local
registrar's local governmental unit under subdivision (a), the local registrar
shall not charge a fee other than a fee prescribed in subsection (4).
(19) On receipt of a formal application, the state
registrar shall conduct a search for and furnish to an individual 1 certified
copy of the individual's vital record, without charge, if the individual
presents all of the following to the state registrar:
(a) A homeless verification letter that states that
the individual meets the definition of category 1 homeless as that term is
defined by the United States Department of Housing and Urban Development. A
verification letter provided under this subdivision must be submitted on the
official letterhead of a public service agency. The department may verify the
information contained in the letter with the agency of issuance before issuing
a certified copy of the vital record.
(b) A photo identification card for the individual
that is generated from the United States Department of Housing and Urban
Development homeless management information system.
(c) Any information required by the state registrar
under subsection (3).
(20) The state registrar shall not charge a fee under subsection (4) for a search and not more than 2 certified copies or authenticated copies of a certificate or other record of stillbirth
1
described in section 2882(1)(a).