August 30, 2006, Introduced by Reps. Waters and Ward 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 2004 PA
467.
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
3 prescribed fee, conduct a search for a vital record for an
4 individual who purports to be eligible under section 2882 or for
5 an agency under section 2883(2) to receive a certified copy,
6 administrative use copy, or a statistical use copy of the
7 requested vital record.
8 (2) If a search for a vital record is conducted by the state
1 registrar and the vital record cannot be located, the state
2 registrar shall issue an official statement to the effect that
3 the vital record could not be located in place of a certified
4 copy or an administrative use copy of a vital record. If a search
5 for a vital record is conducted by a local registrar and the
6 vital record cannot be located, the local registrar is not
7 required to issue an official statement as described in this
8 subsection, and the local registrar may waive the prescribed fee.
9 (3) The state registrar or a local registrar may require an
10 applicant who requests a certified copy, an administrative use
11 copy, or a statistical use copy of a vital record to provide
12 verification of his or her identity before releasing the vital
13 record if eligibility for the vital record is restricted pursuant
14 to section 2882.
15 (4) Subject to subsection (8), the fees for a search are as
16 follows:
17 (a) A search including 1 certified copy,
18 1 administrative use copy, or 1 statistical use
19 copy of a vital record or an official statement
20 issued by the state registrar that a vital record
21 could not be located.....................................$26.00
22 (b) Additional identical copies ordered
23 at the same time................................$12.00 per copy
24 (c) Additional years searched..............$12.00 per year
25 (d) An authenticated copy...........................$29.00
26 (e) Additional authenticated copies
27 ordered at the same time........................$15.00 per copy
28 (f) Verification of facts delineated in
1 section 2881(2)..........................................$10.00
2 (g) A request for an expedited search for
3 a vital record...........................................$10.00
4 (5) The fees for establishment and registration are as
5 follows:
6 (a) Application for establishment of a delayed
7 certificate of birth or death that includes 1 cer-
8 tified copy or an official denial of the
9 application.............................................$40.00
10 (b) Registration of a delayed certificate of
11 birth for a foreign born adopted child that
12 includes 1 certified copy...............................$40.00
13 (6) Upon formal application of a soldier; sailor; marine;
14 member of the coast guard; nurse; member of a women's auxiliary;
15 or a person who is entitled to a bonus or a pension or other
16 compensation under a law of this state, the United States, or
17 other state or territory of the United States or a service
18 auxiliary, 1 certified copy of a vital record requested from the
19 state registrar shall be furnished without charge for the purpose
20 of securing the bonus, pension, or compensation. If the person
21 entitled to the vital record is deceased or mentally incompetent,
22 the copy may be furnished to an heir, guardian, or legal
23 representative of the person. The state registrar shall label a
24 certified copy furnished under this subsection with the following
25 statement: "for veteran's benefits only, not for personal use".
26 (7) Upon formal application, a certified copy of a vital
1 record shall be furnished by the state registrar or a local
2 registrar without charge to a licensed child placing agency
3 representing a child for adoption purposes. The state registrar
4 shall label a certified copy provided under this subsection with
5 the following statement: "for adoption purposes only, not for
6 personal use".
7 (8) Upon formal application, a person 65 years of age or
8 older shall be charged a fee of $7.00 for a search and 1
9 certified copy of his or her birth record. Upon formal
10 application, a homeless individual shall be furnished without
11 charge a search and 1 certified copy of his or her birth record.
12 As used in this subsection, "homeless individual" means that term
13 as defined under 42 USC 11302.
14 (9) The following fees shall be charged for the creation of
15 new vital records and corrections of vital records:
16 (a) Application to create a new certificate of
17 birth following an adoption; legal change of name
18 for minors; acknowledgment of paternity; sex
19 change; legitimation; order of filiation; or a
20 request to replace a court filed certificate of
21 adoption................................................$40.00
22 (b) Application received within 1 year of the
23 date of the event to create a new certificate of
24 birth or death to correct obvious minor errors
25 and omissions...........................................$40.00
26 The errors and omissions that may be corrected under this
27 subdivision are limited to the following:
1 (i) The addition of a given first or middle name if a name
2 was not recorded at the time of filing.
3 (ii) A change to a social security number.
4 (iii) The addition of information originally specified as
5 unknown or that was omitted by error.
6 (iv) A minor spelling change.
7 (10) A fee of $40.00 shall be charged for an application to
8 amend birth and death records more than 1 year after the date of
9 the event for the purpose of adding information or correcting an
10 error in information recorded on the document.
11 (11) A fee shall not be assessed for 1 or more 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
16 the 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
22 department 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 (12) A fee of $40.00 shall be charged for an application to
27 amend a birth record regarding a documented legal change of name
1 for an adult.
2 (13) The state registrar or a local registrar with approval
3 of the state registrar may charge a reasonable fee to cover the
4 costs of special services performed pursuant to section 2883,
5 2884, or 2888.
6 (14) Fees collected under this section by a local registrar
7 shall be deposited as the governing body of the city or county
8 directs. Fees collected under this section by the state registrar
9 shall be deposited in the state treasury and credited to the
10 general fund of this state.
11 (15) The state registrar or a local registrar shall not
12 charge a fee other than a fee prescribed in this section.
13 However, a local governmental unit may adopt a system of fees for
14 local registrars under the jurisdiction of the local governmental
15 unit for a search that provides for fees less than those set
16 forth in this section, and a charter county with a population of
17 more than 2,000,000 may adopt a system of fees for a local
18 registrar under the jurisdiction of that charter county that
19 provides for fees more than those set forth in this section.
20 However, a charter county shall not impose a fee that is greater
21 than the cost of the service for which the fee is charged.
22 (16) For searches under subsection (4) a local registrar
23 shall charge fees according to the following:
24 (a) The governing body of a local governmental unit that has
25 jurisdiction over a local registrar may adopt a system of fees
26 for the local registrar that provides for fees less than or equal
27 to the fees set forth in subsection (4). These fees shall be used
1 for the maintenance and sustenance of the vital records fees
2 program only. The fees shall alleviate any burden to the
3 taxpayers to provide this worthwhile program. A charter county
4 with a population of more than 2,000,000 may adopt a system of
5 fees for a local registrar under the jurisdiction of that charter
6 county that provides for fees that are more than the fees set
7 forth in subsection (4). A charter county shall not impose a fee
8 that is greater than the cost of the service for which the fee is
9 charged. A system of fees adopted under this subdivision shall be
10 used by all local registrars under the jurisdiction of the local
11 governmental unit, and shall be reasonably related to the cost
12 incurred by the local registrar in making the search.
13 (b) If a system of fees is not adopted by a local
14 registrar's local governmental unit under subdivision (a), the
15 local registrar shall not charge a fee other than a fee
16 prescribed in subsection (4).