SENATE BILL No. 1301

May 30, 2000, Introduced by Senator SCHWARZ 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 for persons AN

4 INDIVIDUAL who purport PURPORTS to be eligible pursuant to

5 UNDER section 2882 OR FOR AN AGENCY UNDER SECTION 2883(2) to

6 receive a copy, certified copy, or certificate of

7 registration ADMINISTRATIVE USE COPY, OR A STATISTICAL USE COPY

8 of the requested document VITAL RECORD.

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

10 registrar and the VITAL record cannot be located, the state

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1 registrar shall issue an official statement to the effect that

2 a THE VITAL record could not be located in place of a copy, a

3 certified copy , or a certificate of registration AN ADMINIS-

4 TRATIVE USE COPY of a vital record. If the A search FOR A

5 VITAL RECORD is conducted by a local registrar AND THE VITAL

6 RECORD CANNOT BE LOCATED, THE LOCAL REGISTRAR IS NOT REQUIRED TO

7 ISSUE an official statement to the effect that a record could

8 not be located is not required AS DESCRIBED IN THIS SUBSECTION,

9 and the LOCAL REGISTRAR MAY WAIVE THE PRESCRIBED fee.

10 prescribed may be waived.

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

12 applicant who requests a copy, a certified copy, or a certifi-

13 cate of registration AN ADMINISTRATIVE USE COPY, OR A STATISTI-

14 CAL USE COPY of a vital record to provide verification of his or

15 her identity before releasing the document VITAL RECORD if eli-

16 gibility for the document VITAL RECORD is restricted pursuant

17 to section 2882.

18 (4) The SUBJECT TO SUBSECTION (8), THE fees for a search

19 are as follows:

20 (a) A search including 1 copy, 1 certi-

21 fied copy, or 1 certificate of registration 1

22 ADMINISTRATIVE USE COPY, OR 1 STATISTICAL USE

23 COPY of a vital record or an official statement

24 ISSUED BY THE STATE REGISTRAR that a VITAL

25 record could not be located...................... $13.00 $15.00

26 (b) Additional identical copies ordered at

27 the same time.............................. 4.00 $5.00 per copy

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1 (c) Additional years searched......... 4.00 $4.00 per year

2 (d) Exemplified copies AN AUTHENTICATED

3 COPY.............................................. 16.00 $18.00

4 (e) Additional exemplified AUTHENTICATED

5 copies ordered at the same time............ 7.00 $8.00 PER COPY

6 (f) Verification of facts delineated in

7 section 2881(2)..................................... 4.00 $5.00

8 (G) A REQUEST FOR AN EXPEDITED SEARCH FOR A

9 VITAL RECORD............................................... $5.00

10 (5) The fees for establishment and registration are as

11 follows:

12 (a) Application for establishment of a

13 delayed certificate of birth or death that

14 includes 1 certified copy or an official denial

15 of the application.............................. $26.00 $30.00

16 (b) Registration of a delayed certificate

17 of birth for a foreign born adopted child that

18 includes 1 certified copy........................ 13.00 $30.00

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

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

21 or a person who is entitled to a bonus or a pension or other com-

22 pensation under a law of this state, the United States, or other

23 state or territory of the United States or a service auxiliary,

24 1 certified copy of a vital record requested from the

25 department STATE REGISTRAR shall be furnished without charge

26 for the purpose of securing the bonus, pension, or compensation.

27 If the person entitled to the VITAL record is deceased or

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1 mentally incompetent, the copy may be furnished to an heir,

2 guardian, or legal representative of the person. THE STATE REG-

3 ISTRAR SHALL LABEL A CERTIFIED COPY FURNISHED UNDER THIS SUBSEC-

4 TION WITH THE FOLLOWING STATEMENT: "FOR VETERAN'S BENEFITS ONLY,

5 NOT FOR PERSONAL USE".

6 (7) Upon formal application, a copy or a certified copy of

7 a vital record shall be furnished by the state registrar or a

8 local registrar without charge for official use only to a court;

9 a department, agency, or political subdivision of this state, the

10 United States, or another state; TO a licensed child placing

11 agency REPRESENTING A CHILD for adoption purposes. ; or to an

12 official registrar of a foreign country. A copy or THE STATE

13 REGISTRAR SHALL LABEL a certified copy provided under this sub-

14 section shall be marked "for official use only" WITH THE FOL-

15 LOWING STATEMENT: "FOR ADOPTION PURPOSES ONLY, NOT FOR PERSONAL

16 USE".

17 (8) Upon formal application, a person 65 years of age or

18 older shall be charged a fee of $5.00 $7.00 for a search and 1

19 copy, 1 certified copy , or 1 certificate of registration of

20 his or her birth record.

21 (9) The following fees shall be charged for the creation of

22 new vital records and corrections of vital records:

23 (a) Application to create a new certificate of

24 birth following an adoption; legal change of name for

25 minors; acknowledgment of paternity; sex change;

26 legitimation; order of filiation; or a request to

27 replace a court filed certificate of adoption............ $26.00

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1 (b) Application received within 1 year of the date of

2 the event to create a new certificate of birth or death to

3 correct obvious minor errors and omissions...... 26.00 $26.00

4 The errors and omissions that may be corrected under this subdi-

5 vision are limited to the following:

6 (i) The addition of a given first or middle name when IF a

7 name was not recorded at the time of filing.

8 (ii) A change to a social security number.

9 (iii) The addition of information originally specified as

10 unknown or that was omitted by error.

11 (iv) A minor spelling change.

12 (10) A fee of $26.00 shall be charged for an application to

13 amend birth and death records more than 1 year after the date of

14 the event for the purpose of adding information or correcting an

15 error in information recorded on the document.

16 (11) A fee shall not be assessed for any 1 OR MORE of the

17 following:

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

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

20 (b) Correcting an error when IF THE CORRECTION IS initi-

21 ated by the state registrar.

22 (c) Correcting a VITAL record when IF THE CORRECTION IS

23 requested by a COUNTY medical examiner for a case within his or

24 her jurisdiction.

25 (d) Correcting a record when the change IF THE CORRECTION

26 is ordered by a court of competent jurisdiction following denial

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1 by the department of an application to make a change THE

2 CORRECTION.

3 (e) Correcting a VITAL record when IF THE CORRECTION IS

4 requested to do so by a public agency where the agency THAT

5 is the guardian of the individual to whom the VITAL record

6 pertains.

7 (12) A fee of $26.00 shall be charged for an application to

8 amend a birth record regarding a documented legal change of name

9 for an adult.

10 (13) The state registrar or a local registrar with approval

11 of the state registrar may charge a reasonable fee to cover the

12 costs of special services performed pursuant to section 2883,

13 2884, or 2888.

14 (14) Fees collected under this section by a local registrar

15 shall be deposited as the governing body of the city or county

16 directs. Fees collected under this section by the state regis-

17 trar shall be deposited in the state treasury and credited to the

18 general fund of this state.

19 (15) The state registrar or a local registrar shall not

20 charge a fee other than a fee prescribed in this section.

21 However, a local governmental unit may adopt a system of fees for

22 local registrars under the jurisdiction of the local governmental

23 unit for a search that provides for fees less than those set

24 forth in this section, and a charter county with a population of

25 more than 2,000,000 may adopt a system of fees for A LOCAL REGIS-

26 TRAR UNDER THE JURISDICTION OF that charter county that provides

27 for fees more than those set forth in this section. A HOWEVER,

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1 A charter county shall not impose a fee that is greater than the

2 cost of the service for which the fee is charged.

3 (16) For searches under subsection (4) a local registrar

4 shall charge fees 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

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

8 to the fees set forth in subsection (4). , or, in a A charter

9 county with a population of more than 2,000,000 , MAY ADOPT A

10 SYSTEM OF FEES FOR A LOCAL REGISTRAR UNDER THE JURISDICTION OF

11 THAT CHARTER COUNTY THAT PROVIDES FOR FEES THAT ARE more than the

12 fees set forth in subsection (4). A charter county shall not

13 impose a fee that is greater than the cost of the service for

14 which the fee is charged. The A system of fees ADOPTED UNDER

15 THIS SUBDIVISION shall be used by all local registrars under the

16 jurisdiction of the local governmental unit, and shall be reason-

17 ably related to the cost incurred by the local registrar in

18 making the search.

19 (b) If a system of fees is not adopted by a local

20 registrar's local governmental unit UNDER SUBDIVISION (A), the

21 local registrar shall not charge a fee other than a fee pre-

22 scribed in subsection (4).

23 (17) AT THE BEGINNING OF EACH STATE FISCAL YEAR, THE DEPART-

24 MENT MAY INCREASE THE FEES COLLECTED UNDER THIS SECTION BY A PER-

25 CENTAGE AMOUNT EQUAL TO NOT MORE THAN THE AVERAGE PERCENTAGE WAGE

26 AND SALARY INCREASE GRANTED FOR THAT FISCAL YEAR TO CLASSIFIED

27 CIVIL SERVICE EMPLOYEES EMPLOYED BY THE DEPARTMENT. IF THE

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1 DEPARTMENT INCREASES FEES UNDER THIS SUBSECTION, THE INCREASE IS

2 EFFECTIVE FOR THAT FISCAL YEAR. THE DEPARTMENT SHALL USE THE

3 INCREASED FEES AS THE BASIS FOR CALCULATING FEE INCREASES IN SUB-

4 SEQUENT FISCAL YEARS. BY AUGUST 1 OF EACH YEAR, THE DEPARTMENT

5 SHALL PROVIDE TO THE DIRECTOR OF THE DEPARTMENT OF MANAGEMENT AND

6 BUDGET AND THE CHAIRPERSONS OF THE APPROPRIATIONS COMMITTEES OF

7 THE SENATE AND HOUSE OF REPRESENTATIVES A COMPLETE SCHEDULE OF

8 FEES TO BE COLLECTED UNDER THIS SECTION FOR THE FOLLOWING FISCAL

9 YEAR.

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