Bill Text: MI HB4720 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Health; vital records; requirements for the establishment of a new certificate of birth; modify to allow for a new certificate to correct a sex designation that differs from the designation at birth. Amends secs. 2831, 2832 & 2891 of 1978 PA 368 (MCL 333.2831 et seq.).
Spectrum: Partisan Bill (Democrat 26-0)
Status: (Introduced - Dead) 2019-06-18 - Bill Electronically Reproduced 06/18/2019 [HB4720 Detail]
Download: Michigan-2019-HB4720-Introduced.html
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:
1 Sec. 2831. (1) The state registrar shall establish a new
2 certificate of birth for an individual born in this state when the
3 registrar receives the following:
4 (a) A Except
as otherwise provided in this subdivision, a
5 report of adoption as provided in section 2829, a report of
6 adoption prepared and filed under the laws of another state or
7 foreign country, or a certified copy of the adoption order,
8 together with the information necessary to identify the original
9 certificate of birth and to establish a new certificate of live
1 birth. However, The
state registrar shall not establish a
new
2 certificate of live birth shall not be established if so
requested
3 by a request not to
do so is made by the court ordering the
4 adoption; the adopting parent; or the adoptee, if the adoptee is an
5 adult.
6 (b) A request that a new certificate be established and the
7 evidence required by the department proving that the individual's
8 paternity has been established.
9 (c) A request that a new certificate be established to show
10 reflect a sex designation
other than correction to the
individual's
11 sex designation as that of female, male, or neither male nor female
12 that designated differs
from the individual's sex designation at
13 birth. The request shall be accompanied by an affidavit of a
14 physician certifying that sex-reassignment surgery has been
15 performed.individual
requesting the new certificate under this
16 subdivision shall submit 1 of the following to the state registrar:
17 (i) If the individual who is the subject of the certificate is
18 an adult, an affidavit attesting that the request for the
19 correction of sex is not being sought for a fraudulent purpose.
20 (ii) If the individual who is the subject of the certificate
21 is a minor, all of the following:
22 (A) A written request for the correction that is signed by the
23 minor's parent or legal guardian and, if the request is made by the
24 minor's legal guardian, legal proof of guardianship to establish
25 the individual's authority to give consent under this subparagraph.
26 (B) An affidavit from a health professional treating the minor
1 attesting that the correction requested under this subparagraph is
2 consistent with the minor's sex.
3 (2) As used in this section:
4 (a) "Health professional" means any of the following:
5 (i) An advanced practice registered nurse as that term is
6 defined in section 17201.
7 (ii) A mental health professional.
8 (b) "Mental health professional" means an individual who is
9 trained and experienced in the area of mental illness or
10 developmental disabilities and who is 1 of the following:
11 (i) A physician who is licensed under part 170 or 175.
12 (ii) A psychologist who is licensed under part 182.
13 (iii) A registered professional nurse who is licensed under
14 part 172.
15 (iv) A licensed master's social worker who is licensed under
16 part 185.
17 (v) A licensed professional counselor who is licensed under
18 part 181.
19 (vi) A marriage and family therapist who is licensed under
20 part 169.
21 Sec. 2832. (1) When a new certificate of live birth is
22 established, the actual place and date of birth shall must be
23 shown. The new certificate shall must be substituted for the
24 original certificate of live birth. Thereafter, except as otherwise
25 provided in section 2882(2) or (3) or upon a court order, the
26 original certificate and the evidence of adoption or correction of
27 sex designation are not subject to inspection. except
as otherwise
1 provided in section 2882(2) or (3) or upon a court order. Evidence
2 in support of other birth record changes is subject to inspection
3 as provided in sections 2882 and 2883.
4 (2) Upon On receipt of notice of annulment of adoption or a
5 copy of an order of rescission, the original certificate of live
6 birth shall must be restored to its place in the files. The
7 certificate created under subsection (1) is not subject to
8 inspection except upon a court order.
9 (3) If a certificate of live birth is not on file for the
10 individual for whom a new live birth certificate is to be
11 established under section 2831, a new live birth certificate may be
12 prepared on the delayed birth certificate form in use at the time
13 of adoption, legitimation, or paternity determination.
14 (4) When a new certificate of live birth is established by the
15 state registrar, all copies of the original certificate of birth in
16 the custody of a custodian of permanent records in this state shall
17 must be sealed from inspection or forwarded to the state registrar,
18 as the state registrar directs.
19 Sec. 2891. (1) The state registrar or a local registrar shall,
20 upon on receipt of a written request and payment of the
prescribed
21 fee, conduct a search for a vital record for an individual who
22 purports to be eligible under section 2882 or for an agency under
23 section 2883(2) to receive a certified copy, administrative use
24 copy, or a statistical use copy of the requested vital record.
25 (2) If a search for a vital record is conducted by the state
26 registrar and the vital record cannot be located, the state
27 registrar shall issue an official statement that the vital record
1 could not be located instead of a certified copy or an
2 administrative use copy of the vital record. If a search for a
3 vital record is conducted by a local registrar and the vital record
4 cannot be located, the local registrar is not required to issue an
5 official statement as described in this subsection, and the local
6 registrar may waive the prescribed fee.
7 (3) The state registrar or a local registrar may require an
8 applicant who requests a certified copy, an administrative use
9 copy, or a statistical use copy of a vital record to provide
10 verification of his or her identity before releasing the vital
11 record if eligibility for the vital record is restricted under
12 section 2882.
13 (4) Subject to subsection (8), the fees for a search for a
14 vital record are as follows:
|
15 |
(a) A search including 1 certified copy, |
|
16 |
1 administrative use copy, or 1 statistical use |
|
17 |
copy of a vital record or an official statement |
|
18 |
issued by the state registrar that a vital record |
|
19 |
could not be located.................................. $ 34.00 |
|
20 |
(b) Additional identical copies ordered at |
|
21 |
the same time......................................... $ 16.00 |
|
22 |
per copy |
|
23 |
(c) Additional years searched.................... $ 12.00 |
|
24 |
per year |
|
25 |
(d) An authenticated copy........................ $ 42.00 |
|
26 |
(e) Additional authenticated copies ordered |
|
27 |
at the same time...................................... $ 26.00 |
|
1 |
per copy |
|
2 |
(f) Verification of facts delineated in |
|
3 |
section 2881(2)....................................... $ 18.00 |
|
4 |
(g) Except as otherwise provided in |
|
5 |
subdivision (h), a request for an expedited |
|
6 |
search for a vital record under this |
|
7 |
subsection............................................ $ 12.00 |
|
8 |
(h) A request for an expedited search |
|
9 |
for an authenticated copy of a vital |
|
10 |
record under subdivision (d).......................... $ 25.00 |
11 (5) The fees for establishment or registration of a vital
12 record are as follows:
|
13 |
(a) Application for establishment of a |
|
14 |
delayed certificate of birth or death that |
|
15 |
includes 1 certified copy or an official |
|
16 |
denial of the application............................. $ 50.00 |
|
17 |
(b) Registration of a delayed certificate |
|
18 |
of birth for a foreign born adopted child that |
|
19 |
includes 1 certified copy............................. $ 50.00 |
20 (6) Upon On
receipt of a formal application of a
soldier;
21 sailor; marine; member of the coast guard; United States Coast
22 Guard; nurse; member of a
women's auxiliary; or other person
23 individual who is entitled to a bonus, a pension, or other
24 compensation under a law of this state, the United States, or
25 another state or territory of the United States or a service
26 auxiliary for a vital record for the purpose of obtaining the
27 bonus, pension, or compensation, the state registrar shall furnish
1 1 certified copy of the vital record requested without charge. If
2 the person individual
who is entitled to the vital record is
3 deceased or mentally incompetent, the state registrar may furnish
4 the copy to an heir, guardian, or legal representative of the
5 person. individual. The state registrar shall label a certified
6 copy furnished under this subsection with the following statement:
7 "for veteran's benefits only, not for personal use".
8 (7) Upon On
receipt of a formal application, the
state
9 registrar or a local registrar shall furnish a certified copy of a
10 vital record without charge to a licensed child placing agency
11 representing a child for adoption purposes. The state registrar or
12 local registrar shall label a certified copy provided under this
13 subsection with the following statement: "for adoption purposes
14 only, not for personal use".
15 (8) Upon On
receipt of a formal application, the
state
16 registrar shall charge a person an individual who is 65
years of
17 age or older a fee of $14.00 for a search for and 1 certified copy
18 of his or her birth record.
19 (9) The state registrar shall charge the following fees for
20 the creation of new vital records and corrections of vital records:
|
21 |
(a) Application to create a new certificate |
|
22 |
of birth following an adoption; legal change of |
|
23 |
name for minors; acknowledgment of paternity; |
|
24 |
correction of sex |
|
25 |
legitimation; order of filiation; or a |
|
26 |
request to replace a court filed certificate of |
|
27 |
adoption.............................................. $ 50.00 |
|
1 |
(b) Subject to subsection (10), |
|
2 |
application received within 1 year of the date |
|
3 |
of the event to create a new certificate of birth |
|
4 |
or death to correct obvious minor errors and |
|
5 |
omissions............................................. $ 50.00 |
|
6 |
(c) An application with a request for an |
|
7 |
expedited creation of a new certificate under |
|
8 |
this subsection....................................... $ 25.00 |
9 (10) The errors and omissions that may be corrected under
10 subsection (9)(b) are limited to the following:
11 (a) The addition of a given first or middle name if a name was
12 not recorded at the time of filing.
13 (b) A change to a social security Social Security number.
14 (c) The addition of information originally specified as
15 unknown or that was omitted by error.
16 (d) A minor spelling change.
17 (11) The state registrar shall charge a fee of $50.00 for an
18 application to amend birth and death records more than 1 year after
19 the date of the event for the purpose of adding information or
20 correcting an error in information recorded on the document. The
21 state registrar shall charge a fee of $25.00 for an application
22 with a request for an expedited amendment to a birth or death
23 record under this subsection.
24 (12) The state registrar shall not charge a fee for any of the
25 following:
26 (a) Changing a vital record to correct an error made within
27 the office of a local registrar or the state registrar.
1 (b) Correcting an error if the correction is initiated by the
2 state registrar.
3 (c) Correcting a vital record if the correction is requested
4 by a county medical examiner for a case within his or her
5 jurisdiction.
6 (d) Correcting a record if the correction is ordered by a
7 court of competent jurisdiction following denial by the department
8 of an application to make the correction.
9 (e) Correcting a vital record if the correction is requested
10 by a public agency that is the guardian of the individual to whom
11 the vital record pertains.
12 (13) The state registrar shall charge a fee of $50.00 for an
13 application to amend a birth record regarding a documented legal
14 change of name for an adult. The state registrar shall charge a fee
15 of $25.00 for an application with a request for an expedited
16 amendment to a birth record under this subsection.
17 (14) The state registrar or a local registrar with approval of
18 the state registrar may charge a reasonable fee to cover the costs
19 of special services performed pursuant to section 2883, 2884, or
20 2888.
21 (15) A local registrar shall deposit fees collected under this
22 section as the governing body of the city or county directs. The
23 state registrar shall transmit fees collected under this section to
24 the state treasurer for deposit into the vital records fund created
25 in section 2892.
26 (16) The state registrar shall charge a fee of $12.00 for an
27 application for a copy or a certified copy of a vital records-
1 related document, including, but not limited to, a completed
2 application submitted under this section or a document submitted
3 under this section to support a requested change to a vital record.
4 (17) The state registrar or a local registrar shall not charge
5 a fee other than a fee prescribed in this section. However, a local
6 governmental unit may adopt a system of fees for local registrars
7 under the jurisdiction of the local governmental unit for a search
8 that provides for fees less than those set forth in this section,
9 and a charter county with a population of 1,500,000 or more than
10 2,000,000 may adopt a
system of fees for a local registrar under
11 the jurisdiction of that charter county that provides for fees more
12 than those set forth in this section. However, a charter county
13 shall not impose a fee that is greater than the cost of the service
14 for which the fee is charged.
15 (18) For searches under subsection (4), a local registrar
16 shall charge fees according to the following:
17 (a) The governing body of a local governmental unit that has
18 jurisdiction over a local registrar may adopt a system of fees for
19 the local registrar that provides for fees less than or equal to
20 the fees set forth in subsection (4). These fees shall must only be
21 used for the maintenance and sustenance of the vital records fees
22 program, only. The fees shall to alleviate
any burden to the
23 taxpayers to provide this worthwhile program. A charter county with
24 a population of 1,500,000
or more than 2,000,000 may adopt
a system
25 of fees for a local registrar under the jurisdiction of that
26 charter county that provides for fees that are more than the fees
27 set forth in subsection (4). A charter county shall not impose a
1 fee that is greater than the cost of the service for which the fee
2 is charged. A system of fees adopted under this subdivision shall
3 must be used by all local registrars under the jurisdiction of the
4 local governmental unit and shall must be reasonably related
to the
5 cost incurred by the local registrar in making the search.
6 (b) If a system of fees is not adopted by a local registrar's
7 local governmental unit under subdivision (a), the local registrar
8 shall not charge a fee other than a fee prescribed in subsection
9 (4).
