Michigan Laws 445.73 – Verification of information; use of vital record
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Terms Used In Michigan Laws 445.73
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Agency: means a department, board, commission, office, agency, authority, or other unit of state government of this state. See Michigan Laws 445.63
- Identity theft: means engaging in an act or conduct prohibited in section 5(1). See Michigan Laws 445.63
- in writing: shall be construed to include printing, engraving, and lithographing; except that if the written signature of a person is required by law, the signature shall be the proper handwriting of the person or, if the person is unable to write, the person's proper mark, which may be, unless otherwise expressly prohibited by law, a clear and classifiable fingerprint of the person made with ink or another substance. See Michigan Laws 8.3q
- Law enforcement agency: means that term as defined in section 2804 of the public health code, 1978 PA 368, MCL 333. See Michigan Laws 445.63
- Local registrar: means that term as defined in section 2804 of the public health code, 1978 PA 368, MCL 333. See Michigan Laws 445.63
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o
- State registrar: means that term as defined in section 2805 of the public health code, 1978 PA 368, MCL 333. See Michigan Laws 445.63
- Vital record: means that term as defined in section 2805 of the public health code, 1978 PA 368, MCL 333. See Michigan Laws 445.63
(1) A law enforcement agency or victim of identity theft may verify information from a vital record from a local registrar or the state registrar in the manner described in section 2881(2) of the public health code, 1978 PA 368, MCL 333.2881.
(2) A state registrar or local registrar that verifies information from a vital record under section 2881(2) of the public health code, 1978 PA 368, MCL 333.2881, for a law enforcement agency investigating identity theft may provide that law enforcement agency with all of the following information about any previous requests concerning that public record that is available to the registrar:
(a) Whether or not a certified copy or copies of the record were requested.
(b) The date or dates a copy or copies of the record were issued.
(c) The name of each applicant who requested the record.
(d) The address, e-mail address, telephone number, and other identifying information of each applicant who requested the record.
(e) Payment information regarding each request.
(3) A state registrar or local registrar that verifies information from a vital record under section 2881(2) of the public health code, 1978 PA 368, MCL 333.2881, for an individual who provides proof that he or she is a victim of identity theft may provide that individual with all of the following information about any previous requests concerning that public record that is available to the registrar:
(a) Whether or not a certified copy or copies of the record were requested.
(b) The date or dates a copy or copies of the record were issued.
(4) For purposes of subsection (3), it is sufficient proof that an individual is a victim of identity theft for a state registrar or local registrar to provide the information described in that subsection if he or she provides the registrar with a copy of a police report evidencing the claim that he or she is a victim of identity theft; and, if available, an affidavit of identity theft, in a form developed by the state registrar in cooperation with the attorney general for purposes of this subsection.
(5) A law enforcement agency may request an administrative use copy of a vital record from the state registrar in the manner described in section 2891 of the public health code, 1978 PA 368, MCL 333.2891.
(6) A law enforcement agency may request an administrative use copy of a vital record from a local registrar in the manner described in section 2891 of the public health code, 1978 PA 368, MCL 333.2891, if the request for the administrative use copy is in writing and contains both of the following:
(a) A statement that the law enforcement agency requires information from a vital record beyond the information the local registrar may verify under subsections (1) and (2).
(b) The agreement of the law enforcement agency that it will maintain the administrative use copy of the vital record in a secure location and will destroy the copy by confidential means when it no longer needs the copy.