SENATE 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 2020 PA 53.
the people of the state of michigan enact:
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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
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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
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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. However, if a local registrar receives
a written request and payment of the fee charged by the local registrar under
this section from an individual who purports to be eligible under section 2882
to receive a certified copy of an allowable individual's birth record, the
local registrar shall notify the state registrar. On receipt of the notification,
the state registrar shall conduct a search for the allowable individual's birth
record within 24 hours and shall do 1 of the following, as applicable:
(a) If the local
registrar has access to the central issuance system, electronically transmit the
allowable individual's birth record to the local registrar. If the local
registrar does not have access to the central issuance system, mail a copy of
the allowable individual's birth record to the local registrar. This
subdivision does not apply to a request for a birth record described in section
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2882(2) or (3).
As used in this subdivision, "central issuance system" means the
database maintained by the state registrar from which a state certified copy of
a birth record may be issued.
(b) If the
allowable individual's birth record cannot be located after conducting the
search for the record, notify the local registrar of that fact.
(2) Except as
otherwise provided in subsection (1)(b), 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 may 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
section 2882.
(4) Subject to
subsection (8), or
(19), (20), the fees
for a search for a vital record are as follows:
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(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 |
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(b) Additional identical copies ordered at the same time.......................................... |
$16.00 per copy |
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(c) Additional years searched................. |
$12.00 per year |
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(d) An authenticated copy..................... |
$42.00 |
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(e) Additional authenticated copies ordered at the same time...................................... |
$26.00 per copy |
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(f) Verification of facts delineated in section 2881(2)............................................ |
$18.00 |
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(g) Except as otherwise provided in subdivision (h), a request for an expedited search for a vital record under this subsection....................... |
$12.00 |
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(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:
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$50.00 |
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(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
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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) The state
registrar shall comply with all of the following:
(a) Subject to
subdivision (b), upon formal application, 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.
(b) If the state
registrar receives notice from a local registrar under subsection (1), conduct
the search and provide the birth record or notification as provided in that
subsection without charge to the local registrar or the individual requesting
the record.
(9) The state
registrar shall charge the following fees for the creation of new vital records
and corrections of vital records:
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$50.00 |
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(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 |
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(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 record under this
subsection.
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(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.
(16) The state
registrar shall charge a fee of $12.00 for an
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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
service for which the fee is charged. A system of fees adopted
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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
described in section 2882(1)(a).