Full Text of HB2782 97th General Assembly
HB2782 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB2782 Introduced 2/18/2011, by Rep. Tom Cross - Patricia R. Bellock SYNOPSIS AS INTRODUCED: | |
410 ILCS 535/25 | from Ch. 111 1/2, par. 73-25 |
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Amends the Vital Records Act. Makes a technical change in a Section concerning fees.
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| | A BILL FOR |
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| 1 | | AN ACT concerning health.
| 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
and | 8 | | the
regulations adopted pursuant thereto: | 9 | | (1) The State Registrar of Vital Records shall search the | 10 | | files of birth,
death, and fetal death records, upon receipt of | 11 | | a written request and a fee
of $10 from any applicant entitled | 12 | | to such search. A search fee shall not
be required for | 13 | | commemorative birth certificates issued by the State
| 14 | | Registrar. If, upon search, the record requested is found, the | 15 | | State
Registrar shall furnish the applicant one certification | 16 | | of such record,
under the seal of such office. If the request | 17 | | is for a certified copy of
the record an additional fee of $5 | 18 | | shall be required. If the request is for
a certified copy of a | 19 | | death certificate or a fetal death certificate, an
additional | 20 | | fee of $2 is required. The additional fee shall be deposited | 21 | | into
the Death Certificate Surcharge Fund. A further fee of $2
| 22 | | shall be required for each additional certification or | 23 | | certified copy
requested. If the requested record is not found, |
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| 1 | | the State Registrar shall
furnish the applicant a certification | 2 | | attesting to that fact, if so
requested by the applicant. A | 3 | | further fee of $2 shall be required for each
additional | 4 | | certification that no record has been found.
| 5 | | Any local registrar or county clerk shall search the files | 6 | | of birth,
death and fetal death records, upon receipt of a | 7 | | written request from any
applicant entitled to such search. If | 8 | | upon search the record requested
is found, such local registrar | 9 | | or county clerk shall furnish the applicant
one certification | 10 | | or certified copy of such record, under the seal of such
| 11 | | office, upon payment of the applicable fees. If the requested | 12 | | record is not
found, the local registrar or county
clerk shall | 13 | | furnish the applicant a certification attesting to that fact, | 14 | | if so
requested by the applicant and upon payment of applicable | 15 | | fee. The local
registrar or county clerk must charge a $2 fee | 16 | | for each certified copy of a
death certificate. The fee is in | 17 | | addition to any other fees that are charged
by the local | 18 | | registrar or county clerk. The additional fees must be
| 19 | | transmitted
to the State Registrar monthly and deposited into | 20 | | the Death Certificate
Surcharge Fund.
The local registrar or | 21 | | county clerk may charge fees
for providing other services for | 22 | | which the State Registrar may charge fees
under this
Section.
| 23 | | A request to any custodian of vital records for a search of | 24 | | the death
record indexes for genealogical research shall | 25 | | require a fee of $10 per name
for a 5 year search. An | 26 | | additional fee of $1 for each additional year searched
shall be |
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| 1 | | required. If the requested record is found, one uncertified | 2 | | copy
shall be issued without additional charge.
| 3 | | Any fee received by the State Registrar pursuant to this | 4 | | Section which
is of an insufficient amount may be returned by | 5 | | the State Registrar upon
his recording the receipt of such fee | 6 | | and the reason for its return. The
State Registrar is | 7 | | authorized to maintain a 2 signature, revolving checking
| 8 | | account with a suitable commercial bank for the purpose of | 9 | | depositing and
withdrawing-for-return cash received and | 10 | | determined insufficient for the
service requested.
| 11 | | No fee imposed under this Section may be assessed against | 12 | | an organization
chartered by Congress that requests a | 13 | | certificate for the purpose of death
verification.
| 14 | | (2) The certification of birth may contain only the name, | 15 | | sex,
date of birth, and place of birth, of the person to whom | 16 | | it relates, the
name, age and birthplace of the parents, and
| 17 | | the file number; and none of the other data on the certificate | 18 | | of birth
except as authorized under subsection (5) of this | 19 | | Section.
| 20 | | (3) The certification of death shall contain only the name, | 21 | | Social
Security Number, sex,
date of death, and place of death | 22 | | of the person to whom it relates, and
file number; and none of | 23 | | the other data on the certificate of death
except as authorized | 24 | | under subsection (5) of this Section.
| 25 | | (4) Certification or a certified copy of a certificate | 26 | | shall be issued:
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| 1 | | (a) Upon the order of a court of competent | 2 | | jurisdiction; or
| 3 | | (b) In case of a birth certificate, upon the specific | 4 | | written
request for a certification or certified copy by | 5 | | the person, if of legal
age, by a parent or other legal | 6 | | representative of the person to whom the
record of birth | 7 | | relates, or by a person having a genealogical interest; or
| 8 | | (c) Upon the specific written request for a | 9 | | certification or certified
copy by a department of the | 10 | | state or a municipal corporation or the federal
government; | 11 | | or
| 12 | | (d) In case of a death or fetal death certificate, upon | 13 | | specific
written request for a certified copy by a person, | 14 | | or his duly authorized
agent, having a genealogical, | 15 | | personal or property right interest in
the record.
| 16 | | A genealogical interest shall be a proper purpose with | 17 | | respect to
births which occurred not less than 75 years and | 18 | | deaths which occurred not
less than 20 years prior to the date | 19 | | of written request. Where the purpose
of the request is a | 20 | | genealogical interest, the custodian shall stamp the
| 21 | | certification or copy with the words, FOR GENEALOGICAL PURPOSES | 22 | | ONLY.
| 23 | | (5) Any certification or certified copy issued pursuant to | 24 | | this
Section shall show the date of registration; and copies | 25 | | issued from
records marked "delayed," "amended," or "court | 26 | | order" shall be similarly
marked and show the effective date.
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| 1 | | (6) Any certification or certified copy of a certificate | 2 | | issued in
accordance with this Section shall be considered as | 3 | | prima facie evidence
of the facts therein stated, provided that | 4 | | the evidentiary value of a
certificate or record filed more | 5 | | than one year after the event, or a
record which has been | 6 | | amended, shall be determined by the judicial or
administrative | 7 | | body or official before whom the certificate is offered
as | 8 | | evidence.
| 9 | | (7) Any certification or certified copy issued pursuant to | 10 | | this
Section shall be issued without charge when the record is | 11 | | required by
the United States Veterans Administration or by any | 12 | | accredited veterans
organization to be used in determining the | 13 | | eligibility of any person to
participate in benefits available | 14 | | from such organization. Requests for
such copies must be in | 15 | | accordance with Sections 1 and 2 of "An Act to
provide for the | 16 | | furnishing of copies of public documents to interested
| 17 | | parties," approved May 17, 1935, as now or hereafter amended.
| 18 | | (8) The National Vital Statistics Division, or any agency | 19 | | which may
be substituted therefor, may be furnished such copies | 20 | | or data as it may
require for national statistics; provided | 21 | | that the State shall be
reimbursed for the cost of furnishing | 22 | | such data; and provided further
that such data shall not be | 23 | | used for other than statistical purposes by
the National Vital | 24 | | Statistics Division, or any agency which may be
substituted | 25 | | therefor, unless so authorized by the State Registrar of
Vital | 26 | | Records.
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| 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 of | 10 | | registration of birth.
| 11 | | (11) No person shall prepare or issue any certificate which | 12 | | purports
to be an original, certified copy, or certification of | 13 | | a certificate of
birth, death, or fetal death, except as | 14 | | authorized in this Act or
regulations adopted hereunder.
| 15 | | (12) A computer print-out of any record of birth, death or | 16 | | fetal record
that may be certified under this Section may be | 17 | | used
in place of such certification and such computer print-out | 18 | | shall have the
same legal force and effect as a certified copy | 19 | | of the document.
| 20 | | (13) The State Registrar may verify from the information | 21 | | contained in
the index maintained by the State Registrar the | 22 | | authenticity of information
on births, deaths, marriages and | 23 | | dissolution of marriages provided to a
federal agency or a | 24 | | public agency of another state by a person seeking
benefits or | 25 | | employment from the agency, provided the agency pays a fee of | 26 | | $10.
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| 1 | | (14) The State Registrar may issue commemorative birth | 2 | | certificates to
persons eligible to receive birth certificates | 3 | | under this Section upon the
payment of a fee to be determined | 4 | | by the State Registrar.
| 5 | | (Source: P.A. 91-382, eff. 7-30-99; 92-141, eff. 7-24-01.)
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