093_HB1289

 
                                     LRB093 04094 MBS 04134 b

 1        AN ACT concerning fees.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The Vital Records Act is amended by  changing
 5    Section 25 as follows:

 6        (410 ILCS 535/25) (from Ch. 111 1/2, par. 73-25)
 7        Sec.  25.  In accordance with Section 24 of this Act, and
 8    the regulations adopted under that Section pursuant thereto:
 9        (1)  The State Registrar of Vital  Records  shall  search
10    the  files  of  birth,  death,  and fetal death records, upon
11    receipt of a written request  and  a  fee  of  $10  from  any
12    applicant entitled to such search.  A search fee shall not be
13    required  for  commemorative birth certificates issued by the
14    State Registrar. If, upon search,  the  record  requested  is
15    found,  the  State  Registrar shall furnish the applicant one
16    certification of such record, under the seal of such  office.
17    If  the  request  is  for  a  certified copy of the record an
18    additional fee of $5 shall be required.  If  the  request  is
19    for  a certified copy of a death certificate or a fetal death
20    certificate, an  additional  fee  of  $2  is  required.   The
21    additional  fee shall be deposited into the Death Certificate
22    Surcharge Fund.  A further fee of $2 shall  be  required  for
23    each  additional  certification  or certified copy requested.
24    If the requested record is not  found,  the  State  Registrar
25    shall furnish the applicant a certification attesting to that
26    fact,  if so requested by the applicant.  A further fee of $2
27    shall be required for each additional certification  that  no
28    record has been found.
29        Any  local  registrar  or  county  clerk shall search the
30    files of birth, death and fetal death records,  upon  receipt
31    of  a  written  request  from  any applicant entitled to such
 
                            -2-      LRB093 04094 MBS 04134 b
 1    search.  If upon search the record requested is  found,  such
 2    local  registrar  or county clerk shall furnish the applicant
 3    one certification or certified copy of such record, under the
 4    seal of such office, upon payment of the applicable fees.  If
 5    the  requested  record  is  not found, the local registrar or
 6    county clerk shall  furnish  the  applicant  a  certification
 7    attesting  to that fact, if so requested by the applicant and
 8    upon payment of  applicable  fee.   The  local  registrar  or
 9    county  clerk must charge a $2 fee for each certified copy of
10    a death certificate.  The fee is in  addition  to  any  other
11    fees that are charged by the local registrar or county clerk.
12    The   additional  fees  must  be  transmitted  to  the  State
13    Registrar monthly and deposited into  the  Death  Certificate
14    Surcharge  Fund.  The  local  registrar  or  county clerk may
15    charge fees for providing other services for which the  State
16    Registrar may charge fees under this Section.
17        A  request to any custodian of vital records for a search
18    of the death record indexes for genealogical  research  shall
19    require  a  fee  of  $10  per  name  for a 5 year search.  An
20    additional fee of $1 for each additional year searched  shall
21    be   required.    If  the  requested  record  is  found,  one
22    uncertified copy shall be issued without additional charge.
23        Any fee received by the State Registrar pursuant to  this
24    Section which is of an insufficient amount may be returned by
25    the  State  Registrar  upon his recording the receipt of such
26    fee and the reason for its return.  The  State  Registrar  is
27    authorized  to  maintain  a  2  signature, revolving checking
28    account with a suitable commercial bank for  the  purpose  of
29    depositing   and  withdrawing-for-return  cash  received  and
30    determined insufficient for the service requested.
31        No fee imposed under this Section may be assessed against
32    an  organization  chartered  by  Congress  that  requests   a
33    certificate for the purpose of death verification.
34        (2)  The  certification  of  birth  may  contain only the
 
                            -3-      LRB093 04094 MBS 04134 b
 1    name, sex, date of birth, and place of birth, of  the  person
 2    to  whom  it  relates,  the  name,  age and birthplace of the
 3    parents, and the file number; and none of the other  data  on
 4    the   certificate   of   birth  except  as  authorized  under
 5    subsection (5) of this Section.
 6        (3)  The certification of death shall  contain  only  the
 7    name,  Social  Security Number, sex, date of death, and place
 8    of death of the person to whom it relates, and  file  number;
 9    and none of the other data on the certificate of death except
10    as authorized under subsection (5) of this Section.
11        (4)  Certification  or  a certified copy of a certificate
12    shall be issued:
13             (a)  Upon  the  order  of  a  court   of   competent
14        jurisdiction; or
15             (b)  In  case  of  a  birth  certificate,  upon  the
16        specific written request for a certification or certified
17        copy by the person, if of legal age, by a parent or other
18        legal  representative of the person to whom the record of
19        birth relates, or  by  a  person  having  a  genealogical
20        interest; or
21             (c)  Upon   the   specific  written  request  for  a
22        certification or certified copy by a  department  of  the
23        state   or   a   municipal  corporation  or  the  federal
24        government; or
25             (d)  In case of a death or fetal death  certificate,
26        upon  specific  written request for a certified copy by a
27        person,  or  his  duly   authorized   agent,   having   a
28        genealogical,  personal or property right interest in the
29        record.
30        A genealogical interest shall be a  proper  purpose  with
31    respect  to  births which occurred not less than 75 years and
32    deaths which occurred not less than 20  years  prior  to  the
33    date of written request.  Where the purpose of the request is
34    a  genealogical  interest,  the  custodian  shall  stamp  the
 
                            -4-      LRB093 04094 MBS 04134 b
 1    certification  or  copy  with  the  words,  FOR  GENEALOGICAL
 2    PURPOSES ONLY.
 3        (5)  Any  certification or certified copy issued pursuant
 4    to this Section shall show  the  date  of  registration;  and
 5    copies  issued  from  records marked "delayed," "amended," or
 6    "court  order"  shall  be  similarly  marked  and  show   the
 7    effective date.
 8        (6)  Any certification or certified copy of a certificate
 9    issued in accordance with this Section shall be considered as
10    prima  facie  evidence  of the facts therein stated, provided
11    that the evidentiary value of a certificate or  record  filed
12    more  than  one  year  after the event, or a record which has
13    been  amended,  shall  be  determined  by  the  judicial   or
14    administrative  body  or official before whom the certificate
15    is offered as evidence.
16        (7)  Any certification or certified copy issued  pursuant
17    to  this  Section  shall  be  issued  without charge when the
18    record  is   required   by   the   United   States   Veterans
19    Administration  or by any accredited veterans organization to
20    be used in determining  the  eligibility  of  any  person  to
21    participate  in  benefits  available  from such organization.
22    Requests for such copies must be in accordance with  Sections
23    1 and 2 of "An Act to provide for the furnishing of copies of
24    public  documents  to  interested  parties," approved May 17,
25    1935, as now or hereafter amended.
26        (8)  The  National  Vital  Statistics  Division,  or  any
27    agency which may be substituted therefor,  may  be  furnished
28    such   copies   or  data  as  it  may  require  for  national
29    statistics; provided that the State shall be  reimbursed  for
30    the  cost  of furnishing such data; and provided further that
31    such data shall  not  be  used  for  other  than  statistical
32    purposes  by  the  National Vital Statistics Division, or any
33    agency  which  may  be  substituted   therefor,   unless   so
34    authorized by the State Registrar of Vital Records.
 
                            -5-      LRB093 04094 MBS 04134 b
 1        (9)  Federal,  State,  local, and other public or private
 2    agencies may, upon request, be furnished copies or  data  for
 3    statistical  purposes upon such terms or conditions as may be
 4    prescribed by the Department.
 5        (10)  The  State  Registrar  of  Vital  Records,  at  his
 6    discretion and in the interest of promoting  registration  of
 7    births, may issue, without fee, to the parents or guardian of
 8    any  or  every  child  whose  birth  has  been  registered in
 9    accordance with the provisions of this Act, a special  notice
10    of registration of birth.
11        (11)  No  person  shall  prepare or issue any certificate
12    which  purports  to  be  an  original,  certified  copy,   or
13    certification  of  a  certificate  of  birth, death, or fetal
14    death, except  as  authorized  in  this  Act  or  regulations
15    adopted hereunder.
16        (12)  A  computer print-out of any record of birth, death
17    or fetal record that may be certified under this Section  may
18    be  used  in  place  of  such certification and such computer
19    print-out shall have the same legal force  and  effect  as  a
20    certified copy of the document.
21        (13)  The State Registrar may verify from the information
22    contained  in the index maintained by the State Registrar the
23    authenticity of information on births, deaths, marriages  and
24    dissolution  of  marriages  provided to a federal agency or a
25    public agency of another state by a person  seeking  benefits
26    or employment from the agency, provided the agency pays a fee
27    of $10.
28        (14)  The  State  Registrar may issue commemorative birth
29    certificates   to   persons   eligible   to   receive   birth
30    certificates under this Section upon the payment of a fee  to
31    be determined by the State Registrar.
32    (Source: P.A. 91-382, eff. 7-30-99; 92-141, eff. 7-24-01.)