HOUSE BILL NO. 4720
June 13, 2019, Introduced by Reps. Hood,
Ellison, Stone, Hoadley, Lasinski, Brixie, Tyrone Carter, Bolden, Kennedy,
Elder, LaGrand, Pagan, Wittenberg, Camilleri, Hope, Hertel, Robinson,
Sowerby, Brenda Carter, Garza, Warren, Byrd, Guerra, Rabhi, Sneller and
Jones and referred to the Committee on Families, Children, and Seniors.
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending sections 2831, 2832, and 2891 (MCL 333.2831, 333.2832, and 333.2891), sections 2831 and 2832 as amended by 1996 PA 307, and section 2891 as amended by 2013 PA 136.
the people of the state of michigan enact:
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Sec. 2831. (1) The state registrar shall establish a new
certificate of birth for an individual born in this state when the
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registrar
receives the following:
(a) A Except as otherwise provided in this subdivision, a report
of adoption as provided in section 2829, a report of adoption prepared and
filed under the laws of another state or foreign country, or a certified copy
of the adoption order, together with the information necessary to identify the
original certificate of birth and to establish a new certificate of live birth.
However, The state registrar shall not establish a
new certificate of live birth shall not be
established if so requested by a request not to do so is made by the
court ordering the adoption; the adopting parent; or the adoptee, if the
adoptee is an adult.
(b) A request that a new
certificate be established and the evidence required by the department proving
that the individual's paternity has been established.
(c) A request that a new
certificate be established to show reflect a sex designation other than correction to the individual's sex designation as that of female,
male, or neither male nor female that designated differs from the individual's sex designation at
birth. The request shall be accompanied by an
affidavit of a physician certifying that sex-reassignment surgery has been
performed.individual
requesting the new certificate under this subdivision shall submit 1 of the
following to the state registrar:
(i) If the individual who is the subject
of the certificate is an adult, an affidavit attesting that the request for the
correction of sex is not being sought for a fraudulent purpose.
(ii) If the individual who is the subject
of the certificate is a minor, all of the following:
(A)
A written request for the correction that is signed by the
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minor's parent or legal guardian and, if the
request is made by the minor's legal guardian, legal proof of guardianship to
establish the individual's authority to give consent under this subparagraph.
(B)
An affidavit from a health professional treating the minor attesting that the
correction requested under this subparagraph is consistent with the minor's
sex.
(2)
As used in this section:
(a)
"Health professional" means any of the following:
(i) An advanced practice registered
nurse as that term is defined in section 17201.
(ii) A mental
health professional.
(b)
"Mental health professional" means an individual who is trained and
experienced in the area of mental illness or developmental disabilities and who
is 1 of the following:
(i) A physician who is licensed under
part 170 or 175.
(ii) A psychologist who is licensed under
part 182.
(iii) A registered professional nurse who
is licensed under part 172.
(iv) A licensed master's social worker
who is licensed under part 185.
(v) A licensed professional counselor
who is licensed under part 181.
(vi) A marriage and family therapist who
is licensed under part 169.
Sec. 2832. (1) When a new certificate of live birth is
established, the actual place and date of birth shall must be
shown. The new certificate shall must be substituted for the original
certificate of live birth. Thereafter, except as otherwise provided in section 2882(2) or (3) or upon a
court order, the
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original
certificate and the evidence of adoption or correction of sex designation are not subject to
inspection. except as otherwise provided in
section 2882(2) or (3) or upon a court order. Evidence in support
of other birth record changes is subject to inspection as provided in sections
2882 and 2883.
(2) Upon On receipt of notice of annulment of
adoption or a copy of an order of rescission, the original certificate of live
birth shall must be restored to its place in the
files. The certificate created under subsection (1) is not subject to
inspection except upon a court order.
(3) If a certificate of
live birth is not on file for the individual for whom a new live birth
certificate is to be established under section 2831, a new live birth
certificate may be prepared on the delayed birth certificate form in use at the
time of adoption, legitimation, or paternity determination.
(4) When a new
certificate of live birth is established by the state registrar, all copies of
the original certificate of birth in the custody of a custodian of permanent
records in this state shall must be sealed from inspection or
forwarded to the state registrar, as the state registrar directs.
Sec. 2891. (1) The state registrar or a local
registrar shall, upon 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
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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:
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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.................................................... |
$ per |
16.00 copy |
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(c) Additional years searched...................... |
$ per |
12.00 year |
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(d) An authenticated copy.......................... |
$ |
42.00 |
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(e) Additional authenticated copies ordered at the same time............................................... |
$ per |
26.00 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) Upon On receipt of a formal application of a
soldier; sailor; marine; member of the coast guard; United States Coast Guard; nurse; member of a
women's auxiliary; or other person 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 person 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 person. individual. The state registrar shall
label a certified copy furnished under this subsection with the following
statement:
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"for
veteran's benefits only, not for personal use".
(7) Upon 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) Upon On receipt of a formal application, the
state registrar shall charge a person an individual who is 65 years of age or
older a fee of $14.00 for a search for and 1 certified copy of his or her birth
record.
(9) The state registrar
shall charge the following fees for the creation of new vital records and
corrections of vital records:
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$ |
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:
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(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 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
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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 1,500,000 or 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.
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(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 must only be used for the maintenance and
sustenance of the vital records fees program, only. The fees
shall to alleviate
any burden to the taxpayers to provide this worthwhile program. A charter
county with a population of 1,500,000 or 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 must be used by all local registrars
under the jurisdiction of the local governmental unit and shall 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).