State of Illinois
91st General Assembly
Legislation

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91_SB0547enr

 
SB547 Enrolled                                 LRB9104910DJcd

 1        AN ACT concerning vital records, amending named Acts.

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

 4        Section 5.  The State Finance Act is  amended  by  adding
 5    Sections 5.490 and 6z-43 as follows:

 6        (30 ILCS 105/5.490 new)
 7        Sec. 5.490. The Vital Records Automation Fund.

 8        (30 ILCS 105/6z-43 new)
 9        Sec.  6z-43.  Vital  Records  Automation Fund.  The Vital
10    Records Automation Fund is created as a special fund  in  the
11    State  treasury.  Moneys in the Fund shall be appropriated to
12    the  Department  of  Public  Health  for   the   purpose   of
13    preserving,  maintaining,  and  automating  the State's vital
14    records registration system, including  but  not  limited  to
15    developing   an   electronic   reporting   system  for  death
16    registrations as  provided  in  Section  18.5  of  the  Vital
17    Records Act.

18        Section 10.  The Vital Records Act is amended by changing
19    Sections  14,  17,  22,  and  25  and  adding Section 18.5 as
20    follows:

21        (410 ILCS 535/14) (from Ch. 111 1/2, par. 73-14)
22        Sec. 14.   (1)  Subject  to  the  requirements  that  the
23    Department  may prescribe, the birth of a person born in this
24    State, whose birth is not  registered,  may  be  recorded  by
25    delayed registration in the manner prescribed below:
26        (a)  When  the  birth  occurred more than 3 days but less
27    than one year prior to the application for registration,  the
28    birth may be registered on a certificate of live birth and be
 
SB547 Enrolled              -2-                LRB9104910DJcd
 1    submitted  for  filing to the local registrar of the district
 2    in which the birth occurred.  The local registrar may  accept
 3    the certificate for filing when such evidence is submitted to
 4    substantiate the facts of birth as is required by regulation.
 5        (b)  When  the birth occurred more than one year but less
 6    than 7 years prior to the application for  registration,  the
 7    birth  shall  be registered on a form prescribed by the State
 8    Registrar of Vital Records and shall be submitted to him  for
 9    filing.   The State Registrar of Vital Records may accept the
10    certificate for filing when such  evidence  is  submitted  to
11    substantiate the facts of birth as is required by regulation.
12    Each  certificate filed under this subsection shall be marked
13    "delayed".
14        (c)  When the birth occurred more than 7 years  prior  to
15    the  application  for  registration, the certificate of birth
16    shall be prepared on  a  form  entitled  "Delayed  Record  of
17    Birth".  The  information  provided on such registration form
18    shall be subscribed and sworn to by the person whose birth is
19    to be registered before an official authorized to  administer
20    oaths.   When such person is not of legal age or is otherwise
21    not competent to swear  to  this  information,  it  shall  be
22    subscribed and sworn to by a parent, legal guardian, or other
23    legally designated representative of this person.
24        If  the  person  whose  birth  is  to  be  registered  is
25    deceased,  the information provided on such registration form
26    shall be subscribed and sworn to by a spouse or descendant of
27    such person.  Such Delayed Record of  Birth  shall  have  the
28    word "Deceased" stamped on it.
29        (c-1)  The form shall provide for the name and sex of the
30    person whose birth is to be registered, and place and date of
31    birth,  and  such other information as may be required by the
32    State Registrar of Vital Records. Each request for completing
33    the delayed registration shall be accompanied by a fee of $15
34    and entitles the applicant to one certification or  certified
 
SB547 Enrolled              -3-                LRB9104910DJcd
 1    copy of the delayed record of birth when completed. A fee of
 2    $4  $2 shall be required for each additional certification or
 3    certified copy requested at the time of filing. The  original
 4    delayed  record  of  birth  shall  be  filed  with  the State
 5    Registrar of Vital Records.  The  State  Registrar  of  Vital
 6    Records  shall  accept  the registration if the applicant was
 7    born in this State and if the date and  place  of  birth  and
 8    parentage  are  established  to the satisfaction of the State
 9    Registrar of Vital Records, as follows: The age  or  date  of
10    birth  and  place  of  birth shall be supported by at least 2
11    documents, only one of which may be an affidavit of  personal
12    knowledge.  The names of the parents shall be supported by at
13    least  one document, which may be one of the above documents.
14    Any document accepted as evidence, other than an affidavit of
15    personal knowledge, shall be at least 5 years old.  A copy or
16    abstract of such document may be  accepted  if  certified  as
17    true and correct by the custodian of the document.
18        If  the  birth  occurred  prior  to  January 1, 1916, the
19    application for a delayed record of birth  may  be  initially
20    filed  with the county clerk of the county of birth, provided
21    that all  requirements  of  the  Department  are  met.  Final
22    approval,  however,  rests  with the State Registrar of Vital
23    Records.
24        (2)  When the delayed record of birth  is  accepted,  the
25    State  Registrar  of  Vital Records shall enter on its face a
26    description of each document  submitted  in  support  of  the
27    registration.  He shall also record the filing date and affix
28    his  signature  as  evidence  of  its  acceptance  as a legal
29    record.  He may return any documents, other than  affidavits,
30    submitted  as  evidence  to  the person or persons submitting
31    them.  A complete and exact copy of each  delayed  record  of
32    birth  accepted by the State Registrar of Vital Records shall
33    be  furnished  by  him  to  the  official  custodian  of  any
34    permanent local  file  containing  other  records  of  births
 
SB547 Enrolled              -4-                LRB9104910DJcd
 1    occurring  during  the  same  year as that established in the
 2    delayed record of birth.
 3        (3)  When the application does not contain  documentation
 4    in support of the birth facts, as required by this Section or
 5    by regulation, or when the registration official finds reason
 6    to  question  the  validity  or adequacy of the record or the
 7    documentary evidence, the  registration  official  shall  not
 8    accept the delayed registration of birth and shall advise the
 9    applicant  of  the reasons for this action.  In the event the
10    deficiencies are not corrected, the State Registrar of  Vital
11    Records shall advise the applicant of his rights to appeal to
12    a  court  of  competent  jurisdiction under the provisions of
13    Section 15 of this Act.
14    (Source: P.A. 84-1480.)

15        (410 ILCS 535/17) (from Ch. 111 1/2, par. 73-17)
16        Sec. 17.  (1) For a person born in this State, the  State
17    Registrar  of Vital Records shall establish a new certificate
18    of birth when he receives any of the following:
19             (a)  A  certificate  of  adoption  as  provided   in
20        Section  16  or a certified copy of the order of adoption
21        together with the information necessary to  identify  the
22        original  certificate  of  birth and to establish the new
23        certificate of birth; except that a  new  certificate  of
24        birth  shall  not  be  established if so requested by the
25        court ordering the adoption, the adoptive parents, or the
26        adopted person.
27             (b)  A certificate of adoption or a  certified  copy
28        of  the order of adoption entered in a court of competent
29        jurisdiction of any  other  state  or  country  declaring
30        adopted  a  child born in the State of Illinois, together
31        with the information necessary to identify  the  original
32        certificate of birth and to establish the new certificate
33        of  birth;  except  that a new certificate of birth shall
 
SB547 Enrolled              -5-                LRB9104910DJcd
 1        not be established if so requested by the court  ordering
 2        the  adoption,  the  adoptive  parents,  or  the  adopted
 3        person.
 4             (c)  A request that a new certificate be established
 5        and  such evidence as required by regulation proving that
 6        such person has been legitimatized, or that  the  circuit
 7        court,  the Illinois Department of Public Aid, or a court
 8        or  administrative  agency  of  any   other   state   has
 9        established the paternity of such a person by judicial or
10        administrative  processes or by voluntary acknowledgment,
11        which is accompanied by the social  security  numbers  of
12        all persons determined and presumed to be the parents.
13             (d)  An   affidavit  by  a  physician  that  he  has
14        performed an operation on a person, and that by reason of
15        the operation the sex designation on such person's  birth
16        record  should  be changed.  The State Registrar of Vital
17        Records may make any investigation or require any further
18        information he deems necessary.
19        Each request for a new  certificate  of  birth  shall  be
20    accompanied by a fee of $15 and entitles the applicant to one
21    certification  or  certified copy of the new certificate.  If
22    the request is for additional copies, it shall be accompanied
23    by a fee of  $4  $2  for  each  additional  certification  or
24    certified copy.
25        (2)  When  a new certificate of birth is established, the
26    actual place and date of birth shall be shown;  provided,  in
27    the  case  of  adoption  of  a  person  born in this State by
28    parents who were residents of this State at the time  of  the
29    birth  of the adopted person, the place of birth may be shown
30    as the place of residence of the adoptive parents at the time
31    of such person's birth, if specifically  requested  by  them,
32    and  any  new  certificate  of birth established prior to the
33    effective date  of  this  amendatory  Act  may  be  corrected
34    accordingly  if  so  requested by the adoptive parents or the
 
SB547 Enrolled              -6-                LRB9104910DJcd
 1    adopted person when of legal age. The social security numbers
 2    of the parents shall not be recorded on  the  certificate  of
 3    birth.  The  social  security  numbers  may  only be used for
 4    purposes allowed under federal law. The new certificate shall
 5    be substituted for the original certificate of birth:
 6             (a)  Thereafter, the original  certificate  and  the
 7        evidence  of  adoption,  paternity,  legitimation, or sex
 8        change  shall   not   be   subject   to   inspection   or
 9        certification  except  upon order of the circuit court or
10        as provided by regulation.
11             (b)  Upon  receipt  of  notice   of   annulment   of
12        adoption,  the  original  certificate  of  birth shall be
13        restored  to  its  place  in  the  files,  and  the   new
14        certificate   and   evidence  shall  not  be  subject  to
15        inspection or certification  except  upon  order  of  the
16        circuit court.
17        (3)  If no certificate of birth is on file for the person
18    for  whom  a  new certificate is to be established under this
19    Section, a delayed record of birth shall be  filed  with  the
20    State Registrar of Vital Records as provided in Section 14 or
21    Section  15  of this Act before a new certificate of birth is
22    established, except that when the date and place of birth and
23    parentage have been established in the adoption  proceedings,
24    a delayed record shall not be required.
25        (4)  When  a  new  certificate of birth is established by
26    the State Registrar of  Vital  Records,  all  copies  of  the
27    original certificate of birth in the custody of any custodian
28    of permanent local records in this State shall be transmitted
29    to  the  State  Registrar  of  Vital Records as directed, and
30    shall be sealed from inspection.
31        (5)  Nothing  in  this  Section  shall  be  construed  to
32    prohibit the amendment of a birth certificate  in  accordance
33    with subsection (6) of Section 22.
34    (Source: P.A. 89-6, eff. 3-6-95; 89-257, eff. 1-1-96; 89-626,
 
SB547 Enrolled              -7-                LRB9104910DJcd
 1    eff. 8-9-96; 90-18, eff. 7-1-97.)

 2        (410 ILCS 535/18.5 new)
 3        Sec.   18.5.   Electronic   reporting  system  for  death
 4    registrations.  The  State  Registrar  may  facilitate  death
 5    registration  by implementing an electronic reporting system.
 6    The system may be used to transfer information to individuals
 7    and  institutions  responsible  for  completing  and   filing
 8    certificates and related reports for deaths that occur in the
 9    State. The system shall be interactive and capable of storing
10    and  retrieving  accurate  and timely data and statistics for
11    those persons and  agencies  responsible  for  vital  records
12    registration  and  for  protecting  the  health,  safety, and
13    welfare of the citizens of this State.

14        (410 ILCS 535/22) (from Ch. 111 1/2, par. 73-22)
15        Sec. 22.  (1) A certificate or record  filed  under  this
16    Act  may be amended only in accordance with this Act and such
17    regulations as  the  Department  may  adopt  to  protect  the
18    integrity  of  vital records. An application for an amendment
19    shall be accompanied by a  fee  of  $15  which  includes  the
20    provision  of  one  certification  or  certified  copy of the
21    amended birth  record.  If  the  request  is  for  additional
22    copies,  it  shall  be accompanied by a fee of $4 $2 for each
23    additional certification or certified copy.  Such  amendments
24    may only be made in connection with the original certificates
25    and  may  not  be made on copies of such certificates without
26    the approval of the State Registrar of  Vital  Records.   The
27    provisions  of  this  Section  shall  also be applicable to a
28    certificate or record filed under any former Act relating  to
29    the  registration  of  births,  stillbirths, and deaths.  Any
30    original certificate or record filed with  the  county  clerk
31    prior  to January 1, 1916, may be amended by the county clerk
32    under the same provisions of  this  Section,  or  regulations
 
SB547 Enrolled              -8-                LRB9104910DJcd
 1    adopted  pursuant thereto, as apply to the State Registrar of
 2    Vital Records governing amendments to certificates or records
 3    filed with the Department subsequent to December 31, 1915.
 4        (2)  A certificate that is  amended  under  this  Section
 5    after  its  filing  shall  have the correction entered on its
 6    face; shall clearly indicate that an amendment has been made;
 7    and  shall  show  the  date  of  the  amendment.   A  summary
 8    description of  the  evidence  submitted  in  support  of  an
 9    amendment  shall  be  permanently  retained by the Department
10    either as an original record or  in  microphotographic  form.
11    Documents  from  which such summary descriptions are made may
12    be returned by  the  Department  to  the  person  or  persons
13    submitting   them.    The   Department   shall  prescribe  by
14    regulation the conditions under which, within one year  after
15    the date of occurrence, additions or minor corrections may be
16    made without the certificate being considered amended.
17        (3)  An   amendment   to  a  delayed  birth  registration
18    established under the provisions of Section 15  of  this  Act
19    may be made by the State Registrar of Vital Records only upon
20    the  basis  of  an  order  from  the  court  which originally
21    established the facts of birth.
22        (4)  Upon receipt of a certified copy of  a  court  order
23    changing  the  name  or names of a person born in this State,
24    the official custodian shall amend the  original  certificate
25    of birth to reflect the changes.
26        (5)  (Blank).
27        (6)  When  the paternity of a child with a certificate of
28    birth on file in this State is established through  voluntary
29    acknowledgment  or  by a court or administrative agency under
30    the laws of this or any other state, the State  Registrar  of
31    Vital  Records  shall  amend the original record accordingly,
32    upon notification from a circuit court of this State  or  the
33    Illinois  Department  of  Public  Aid,  or  upon receipt of a
34    certified copy of another state's acknowledgment or  judicial
 
SB547 Enrolled              -9-                LRB9104910DJcd
 1    or administrative determination of paternity.
 2        (7)   Notwithstanding any other provision of this Act, if
 3    an adopted person applies in accordance with this Section for
 4    the  amendment  of  the name on his or her birth certificate,
 5    the State Registrar shall amend the birth certificate if  the
 6    person  provides  documentation  or other evidence supporting
 7    the application  that  would  be  deemed  sufficient  if  the
 8    documentation or evidence had been submitted in support of an
 9    application by a person who has not been adopted.
10        (8)  When  paternity has been established after the birth
11    in accordance with Section 12, the State Registrar  of  Vital
12    Records shall amend the original record accordingly.
13        (9)  Upon  application  by the parents not later than one
14    year after an acknowledgment of parentage under this  Act  or
15    the  Illinois Public Aid Code or a judicial or administrative
16    determination or establishment of paternity or parentage, the
17    State Registrar of Vital Records shall amend the child's name
18    on the child's certificate of birth in  accordance  with  the
19    application.   No  more  than  one  application  to  change a
20    child's name may be made under this subsection (9).
21        (10)  When  a  certificate  is  amended  by   the   State
22    Registrar  of  Vital  Records  under  this Section, the State
23    Registrar of Vital  Records  shall  furnish  a  copy  of  the
24    summary  description  to the custodian of any permanent local
25    records and such records shall be amended accordingly.
26    (Source: P.A. 89-6, eff. 3-6-95; 89-257, eff. 1-1-96; 89-626,
27    eff. 8-9-96; 89-641, eff. 8-9-96; 90-18, eff. 7-1-97.)

28        (410 ILCS 535/25) (from Ch. 111 1/2, par. 73-25)
29        Sec. 25.  In accordance with Section 24 of this Act,  and
30    the regulations adopted pursuant thereto:
31        (1)  The  State  Registrar  of Vital Records shall search
32    the files of birth, death,  and  fetal  death  records,  upon
33    receipt  of  a  written  request  and  a  fee of $10 from any
 
SB547 Enrolled              -10-               LRB9104910DJcd
 1    applicant entitled to such search.  A search fee shall not be
 2    required for commemorative birth certificates issued  by  the
 3    State  Registrar.  If,  upon  search, the record requested is
 4    found, the State Registrar shall furnish  the  applicant  one
 5    certification  of such record, under the seal of such office.
 6    If the request is for a  certified  copy  of  the  record  an
 7    additional  fee  of $5 shall be required. A further fee of $4
 8    $2 shall be required for  each  additional  certification  or
 9    certified  copy  requested.   If  the requested record is not
10    found, the State Registrar  shall  furnish  the  applicant  a
11    certification  attesting to that fact, if so requested by the
12    applicant.  A further fee of $4 $2 shall be required for each
13    additional certification that no record has been  found.  For
14    each  certification  or  certified  copy  issued by the State
15    Registrar, $1 of the fee collected shall  be  deposited  into
16    the Vital Records Automation Fund.
17        Any  local  registrar  or  county  clerk shall search the
18    files of birth, death and fetal death records,  upon  receipt
19    of  a  written  request  from  any applicant entitled to such
20    search.  If upon search the record requested is  found,  such
21    local  registrar  or county clerk shall furnish the applicant
22    one certification or certified copy of such record, under the
23    seal of such office. If the requested record  is  not  found,
24    the  local  registrar  or  county  clerk  shall  furnish  the
25    applicant  a  certification  attesting  to  that  fact, if so
26    requested by the applicant. The  local  registrar  or  county
27    clerk  may  charge  fees for providing services for which the
28    State Registrar may charge fees under  this  Section,  except
29    that  such  fees may not exceed the fees charged by the State
30    Registrar.  For  each  certified  copy  issued  by  a   local
31    registrar  or  county clerk, $1 of the fee collected shall be
32    deposited into the Vital Records Automation Fund.
33        A request to any custodian of vital records for a  search
34    of  the  death record indexes for genealogical research shall
 
SB547 Enrolled              -11-               LRB9104910DJcd
 1    require a fee of $10 per  name  for  a  5  year  search.   An
 2    additional  fee of $1 for each additional year searched shall
 3    be  required.   If  the  requested  record  is   found,   one
 4    uncertified copy shall be issued without additional charge.
 5        Any  fee received by the State Registrar pursuant to this
 6    Section which is of an insufficient amount may be returned by
 7    the State Registrar upon his recording the  receipt  of  such
 8    fee  and  the  reason for its return.  The State Registrar is
 9    authorized to maintain  a  2  signature,  revolving  checking
10    account  with  a  suitable commercial bank for the purpose of
11    depositing  and  withdrawing-for-return  cash  received   and
12    determined insufficient for the service requested.
13        (2)  The  certification  of  birth  may  contain only the
14    name, sex, date of birth, and place of birth, of  the  person
15    to  whom  it  relates,  the  name,  age and birthplace of the
16    parents, and the file number; and none of the other  data  on
17    the   certificate   of   birth  except  as  authorized  under
18    subsection (5) of this Section.
19        (3)  The certification of death shall  contain  only  the
20    name,  Social  Security Number, sex, date of death, and place
21    of death of the person to whom it relates, and  file  number;
22    and none of the other data on the certificate of death except
23    as authorized under subsection (5) of this Section.
24        (4)  Certification  or  a certified copy of a certificate
25    shall be issued:
26             (a)  Upon  the  order  of  a  court   of   competent
27        jurisdiction; or
28             (b)  In  case  of  a  birth  certificate,  upon  the
29        specific written request for a certification or certified
30        copy by the person, if of legal age, by a parent or other
31        legal  representative of the person to whom the record of
32        birth relates, or  by  a  person  having  a  genealogical
33        interest; or
34             (c)  Upon   the   specific  written  request  for  a
 
SB547 Enrolled              -12-               LRB9104910DJcd
 1        certification or certified copy by a  department  of  the
 2        state   or   a   municipal  corporation  or  the  federal
 3        government; or
 4             (d)  In case of a death or fetal death  certificate,
 5        upon  specific  written request for a certified copy by a
 6        person,  or  his  duly   authorized   agent,   having   a
 7        genealogical,  personal or property right interest in the
 8        record.
 9        A genealogical interest shall be a  proper  purpose  with
10    respect  to  births which occurred not less than 75 years and
11    deaths which occurred not less than 20  years  prior  to  the
12    date of written request.  Where the purpose of the request is
13    a  genealogical  interest,  the  custodian  shall  stamp  the
14    certification  or  copy  with  the  words,  FOR  GENEALOGICAL
15    PURPOSES ONLY.
16        (5)  Any  certification or certified copy issued pursuant
17    to this Section shall show  the  date  of  registration;  and
18    copies  issued  from  records marked "delayed," "amended," or
19    "court  order"  shall  be  similarly  marked  and  show   the
20    effective date.
21        (6)  Any certification or certified copy of a certificate
22    issued in accordance with this Section shall be considered as
23    prima  facie  evidence  of the facts therein stated, provided
24    that the evidentiary value of a certificate or  record  filed
25    more  than  one  year  after the event, or a record which has
26    been  amended,  shall  be  determined  by  the  judicial   or
27    administrative  body  or official before whom the certificate
28    is offered as evidence.
29        (7)  Any certification or certified copy issued  pursuant
30    to  this  Section  shall  be  issued  without charge when the
31    record  is   required   by   the   United   States   Veterans
32    Administration  or by any accredited veterans organization to
33    be used in determining  the  eligibility  of  any  person  to
34    participate  in  benefits  available  from such organization.
 
SB547 Enrolled              -13-               LRB9104910DJcd
 1    Requests for such copies must be in accordance with  Sections
 2    1 and 2 of "An Act to provide for the furnishing of copies of
 3    public  documents  to  interested  parties," approved May 17,
 4    1935, as now or hereafter amended.
 5        (8)  The  National  Vital  Statistics  Division,  or  any
 6    agency which may be substituted therefor,  may  be  furnished
 7    such   copies   or  data  as  it  may  require  for  national
 8    statistics; provided that the State shall be  reimbursed  for
 9    the  cost  of furnishing such data; and provided further that
10    such data shall  not  be  used  for  other  than  statistical
11    purposes  by  the  National Vital Statistics Division, or any
12    agency  which  may  be  substituted   therefor,   unless   so
13    authorized by the State Registrar of Vital Records.
14        (9)  Federal,  State,  local, and other public or private
15    agencies may, upon request, be furnished copies or  data  for
16    statistical  purposes upon such terms or conditions as may be
17    prescribed by the Department.
18        (10)  The  State  Registrar  of  Vital  Records,  at  his
19    discretion and in the interest of promoting  registration  of
20    births, may issue, without fee, to the parents or guardian of
21    any  or  every  child  whose  birth  has  been  registered in
22    accordance with the provisions of this Act, a special  notice
23    of registration of birth.
24        (11)  No  person  shall  prepare or issue any certificate
25    which  purports  to  be  an  original,  certified  copy,   or
26    certification  of  a  certificate  of  birth, death, or fetal
27    death, except  as  authorized  in  this  Act  or  regulations
28    adopted hereunder.
29        (12)  A  computer print-out of any record of birth, death
30    or fetal record that may be certified under this Section  may
31    be  used  in  place  of  such certification and such computer
32    print-out shall have the same legal force  and  effect  as  a
33    certified copy of the document.
34        (13)  The State Registrar may verify from the information
 
SB547 Enrolled              -14-               LRB9104910DJcd
 1    contained  in the index maintained by the State Registrar the
 2    authenticity of information on births, deaths, marriages  and
 3    dissolution  of  marriages  provided to a federal agency or a
 4    public agency of another state by a person  seeking  benefits
 5    or employment from the agency, provided the agency pays a fee
 6    of $10.
 7        (14)  The  State  Registrar may issue commemorative birth
 8    certificates   to   persons   eligible   to   receive   birth
 9    certificates under this Section upon the payment of a fee  to
10    be determined by the State Registrar.
11    (Source: P.A. 90-144, eff. 7-23-97.)

12        Section  99.  Effective date.  This Act takes effect July
13    1, 1999, except that the changes to  the  Vital  Records  Act
14    take effect January 1, 2000.

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