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Michigan Compiled Laws Complete Through PA 85 and includes 87-98, 100, 102-119 of 2014
House: Adjourned until Tuesday, April 29, 2014 1:30:00 PM

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Section 333.2891

PUBLIC HEALTH CODE (EXCERPT)
Act 368 of 1978


333.2891 Search for vital record; request; fee; official statement if record not located; verification of identity; fees for search, establishment, or registration; furnishing copies without charge; fees for creation of new vital records and corrections of vital records; additional fees; disposition of fees; system of fees for local registrars; vital records fund.

Sec. 2891.

(1) The state registrar or a local registrar shall, upon 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 section 2882.

(4) Subject to subsection (8), 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:

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

(6) Upon formal application of a soldier; sailor; marine; member of the coast guard; nurse; member of a women's auxiliary; or other person 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 person 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 person. 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) Upon 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) Upon formal application, the state registrar shall charge a person 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 the creation of new vital records and corrections of vital records:

(a) Application to create a new certificate
of birth following an adoption; legal change of
name for minors; acknowledgment of paternity; sex
change; legitimation; order of filiation; or a
request to replace a court filed certificate of
adoption.............................................. $ 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 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 pursuant to 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 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 shall be used for the maintenance and sustenance of the vital records fees program only. The fees shall 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 under this subdivision shall be used by all local registrars under the jurisdiction of the local governmental unit and shall 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).


History: 1978, Act 368, Eff. Sept. 30, 1978 ;-- Am. 1980, Act 522, Imd. Eff. Jan. 26, 1981 ;-- Am. 1981, Act 63, Imd. Eff. June 8, 1981 ;-- Am. 1984, Act 296, Imd. Eff. Dec. 20, 1984 ;-- Am. 1992, Act 78, Imd. Eff. June 2, 1992 ;-- Am. 2001, Act 31, Imd. Eff. June 29, 2001 ;-- Am. 2004, Act 467, Imd. Eff. Dec. 28, 2004 ;-- Am. 2013, Act 136, Imd. Eff. Oct. 15, 2013
Compiler's Notes: Enacting section 1 of Act 136 of 2013 provides:"Enacting section 1. This amendatory act takes effect October 1, 2013."
Popular Name: Act 368


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