HB 6287

HOUSE BILL NO. 6287
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending sections 2831, 2872, and 2891 (MCL
333.2831, 333.2872, and 333.2891), sections 2831 and 2872 as amended by 2024 PA
230, and section 2891 as amended by 2024 PA 25.
the people of the state of michigan enact:
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Sec. 2831. The state registrar shall
establish a new certificate of birth for an individual born in this state when
the registrar receives any of the following:
(a) A report of
adoption as provided in section 2829, a report
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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 if so requested 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 parentage has been established.
(c) A request that a new certificate be established to show a
sex designation other than that designated at birth. The request must be
accompanied by a form approved by the director and signed by the individual
indicating a sex designation. If the form is accompanied by a court order
changing the name of the individual, the new certificate must also reflect the
new legal name. The state registrar may not require any additional document or
certification other than the form, or, if applicable, the court order, required
under this subdivision.
(c) (d) A
judgment or a parentage judgment under section 203 or 308 of the assisted
reproduction and surrogacy parentage act, 2024 PA 24, MCL 722.1803 and
722.1908, together with the information necessary to identify the original
certificate of birth and to establish a new certificate of live birth.
Sec. 2872. (1) Upon written request and
receipt of an acknowledgment of paternity from the probate court of a child
born out of wedlock, the state registrar shall create a new certificate of
birth to show paternity. Upon the written request of the
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parents,
the surname of the child must be changed on the certificate to that designated
by the parents. The certificate must not be marked "amended". The
original certificate of live birth must be sealed in accordance with section
2832.
(2) Upon receipt of
a certified copy of a court order changing the name of an individual born in
this state and upon request of the individual or the individual's parents,
guardian, or legal representative, the state registrar shall affix an addendum
to the individual's certificate of live birth, which must state the
individual's new name and identify the court order. The state registrar shall
create a new live birth certificate and seal the original certificate only if
the court order changing the individual's name specifically directs the state
registrar to do so or if the request relates to a minor whose name is changed
under section 1 of chapter XI of the probate code of 1939, 1939 PA 288, MCL
711.1.
(3) The requirement under subsection (2) that a court order
changing the individual's name must include a specific direction to the state
registrar for the state registrar to create a new live birth certificate and
seal the original certificate does not apply to a new certificate of birth
established under section 2831(c).
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
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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
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
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copy,
or a statistical use copy of a vital record to provide verification of the
applicant's identity before releasing the vital record if eligibility for the
vital record is restricted under section 2882.
(4) Subject to subsection subsections (8),
(19), or and (20),
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
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(b) Registration of a delayed certificate of birth for a foreign born 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 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), on 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 the
individual's birth record.
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(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:
(a) Application to create a new
certificate of birth following an adoption; legal change of name for minors;
acknowledgement of parentage; sex change; legitimation;
order of filiation; a judgment or parentage judgment under the assisted
reproduction and surrogacy parentage act; 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
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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 the county medical examiner's 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
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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 1,500,000
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
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1,500,000
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 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
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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).