S.B. 128: ENROLLED ANALYSIS

S.B. 128: ENROLLED ANALYSIS - BIRTH RECORDS

Senate Bill 128 (as enrolled) - PUBLIC ACT 54 of 1997

Senate Committee: Local, Urban and State Affairs

House Committee: Health Policy

Date Completed: 8-7-97

RATIONALE

The Public Health Code requires the State Registrar or a local registrar to issue a certified copy of a live birth record to the following: the individual who is the subject of the live birth record; a parent named in the birth record; an heir, a legal representative, a legal guardian of the individual who is the subject of the live birth record; or, a court of competent jurisdiction. Some people who are conducting genealogical research of their own families or are doing so for other families, as well as persons involved in historical research, believe that they should have access to live birth records that are at least 110 years old.

CONTENT

The bill amended the Public Health Code to require the State Registrar or a local registrar, upon written request and payment of the prescribed fee, to issue a certified copy of a live birth record to any applicant, if the live birth record is at least 110 years old.

MCL 333.2882

ARGUMENTS

(Please note: The arguments contained in this analysis originate from sources outside the Senate Fiscal Agency. The Senate Fiscal Agency neither supports nor opposes legislation.)

Supporting Argument

To obtain a certified copy of a live birth record, a person conducting historical or genealogical research previously had to be a parent named in the birth record, or an heir, legal representative, or legal guardian of the individual to whom the record pertained. This restriction hampered the work of persons who were researching their own genealogical background as well as professional genealogists and historians who were conducting research about persons to whom they were not related. The bill allows anyone access to live birth records that are at least 110 years old, which will be of benefit to persons doing historical and genealogical work. Additionally, the Department of Community Health notes that the National Center for Health Statistics model regulations for vital records offices recommends that birth records for persons more than 100 years of age be available to any person. In 1990, there were 1,132 persons 100 years of age or older in Michigan, according to the Department. By establishing a minimum age of 110 years before a certified live birth record may be issued to any applicant, the bill protects the privacy of Michigan's older citizens.

- Legislative Analyst: L. Arasim

FISCAL IMPACT

The bill will have no fiscal impact on State or local government.

- Fiscal Analyst: P. Graham

A9798\S128EA

This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.