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Public Act 100-0042


 

Public Act 0042 100TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 100-0042
 
SB1413 EnrolledLRB100 05878 MJP 15904 b

    AN ACT concerning health.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Vital Records Act is amended by changing
Section 25 as follows:
 
    (410 ILCS 535/25)  (from Ch. 111 1/2, par. 73-25)
    Sec. 25. In accordance with Section 24 of this Act, and the
regulations adopted pursuant thereto:
        (1) The State Registrar of Vital Records shall search
    the files of birth, death, and fetal death records, upon
    receipt of a written request and a fee of $10 from any
    applicant entitled to such search. A search fee shall not
    be required for commemorative birth certificates issued by
    the State Registrar. A search fee shall not be required for
    a birth record search from a person upon release on parole,
    mandatory supervised release, final discharge, or pardon
    from the Department of Corrections if the person presents a
    prescribed verification form completed by the Department
    of Corrections verifying the person's date of birth and
    social security number; however, the person is entitled to
    only one search fee waiver. If, upon search, the record
    requested is found, the State Registrar shall furnish the
    applicant one certification of such record, under the seal
    of such office. If the request is for a certified copy of
    the record an additional fee of $5 shall be required. An
    additional fee for a certified copy of the record shall not
    be required from a person upon release on parole, mandatory
    supervised release, final discharge, or pardon from the
    Department of Corrections if the person presents a
    prescribed verification form completed by the Department
    of Corrections verifying the released person's date of
    birth and social security number; however, the person is
    entitled to only one certified copy fee waiver. If the
    request is for a certified copy of a death certificate or a
    fetal death certificate, an additional fee of $2 is
    required. The additional fee shall be deposited into the
    Death Certificate Surcharge Fund. A further fee of $2 shall
    be required for each additional certification or certified
    copy requested. If the requested record is not found, the
    State Registrar shall furnish the applicant a
    certification attesting to that fact, if so requested by
    the applicant. A further fee of $2 shall be required for
    each additional certification that no record has been
    found.
        Any local registrar or county clerk shall search the
    files of birth, death and fetal death records, upon receipt
    of a written request from any applicant entitled to such
    search. If upon search the record requested is found, such
    local registrar or county clerk shall furnish the applicant
    one certification or certified copy of such record, under
    the seal of such office, upon payment of the applicable
    fees. If the requested record is not found, the local
    registrar or county clerk shall furnish the applicant a
    certification attesting to that fact, if so requested by
    the applicant and upon payment of applicable fee. The local
    registrar or county clerk must charge a $2 fee for each
    certified copy of a death certificate. The fee is in
    addition to any other fees that are charged by the local
    registrar or county clerk. The additional fees must be
    transmitted to the State Registrar monthly and deposited
    into the Death Certificate Surcharge Fund. The local
    registrar or county clerk may charge fees for providing
    other services for which the State Registrar may charge
    fees under this Section.
        A request to any custodian of vital records for a
    search of the death record indexes for genealogical
    research shall require a fee of $10 per name for a 5 year
    search. An additional fee of $1 for each additional year
    searched shall be required. If the requested record is
    found, one uncertified copy shall be issued without
    additional charge.
        Any fee received by the State Registrar pursuant to
    this Section which is of an insufficient amount may be
    returned by the State Registrar upon his recording the
    receipt of such fee and the reason for its return. The
    State Registrar is authorized to maintain a 2 signature,
    revolving checking account with a suitable commercial bank
    for the purpose of depositing and withdrawing-for-return
    cash received and determined insufficient for the service
    requested.
        No fee imposed under this Section may be assessed
    against an organization chartered by Congress that
    requests a certificate for the purpose of death
    verification.
        Any custodian of vital records, whether it may be the
    Department of Public Health, a local registrar, or a county
    clerk shall charge an additional $2 for each certified copy
    of a death certificate and that additional fee shall be
    collected on behalf of the Department of Financial and
    Professional Regulation for deposit into the Cemetery
    Oversight Licensing and Disciplinary Fund.
        (2) The certification of birth may contain only the
    name, sex, date of birth, and place of birth, of the person
    to whom it relates, the name, age and birthplace of the
    parents, and the file number; and none of the other data on
    the certificate of birth except as authorized under
    subsection (5) of this Section.
        (3) The certification of death shall contain only the
    name, Social Security Number, sex, date of death, and place
    of death of the person to whom it relates, and file number;
    and none of the other data on the certificate of death
    except as authorized under subsection (5) of this Section.
        (4) Certification or a certified copy of a certificate
    shall be issued:
            (a) Upon the order of a court of competent
        jurisdiction; or
            (b) In case of a birth certificate, upon the
        specific written request for a certification or
        certified copy by the person, if of legal age, by a
        parent or other legal representative of the person to
        whom the record of birth relates, or by a person having
        a genealogical interest; or
            (c) Upon the specific written request for a
        certification or certified copy by a department of the
        state or a municipal corporation or the federal
        government; or
            (c-1) Upon the specific written request for a
        certification or certified copy by a State's Attorney
        for the purpose of a criminal prosecution; or
            (d) In case of a death or fetal death certificate,
        upon specific written request for a certified copy by a
        person, or his duly authorized agent, having a
        genealogical, personal or property right interest in
        the record.
        A genealogical interest shall be a proper purpose with
    respect to births which occurred not less than 75 years and
    deaths which occurred not less than 20 years prior to the
    date of written request. Where the purpose of the request
    is a genealogical interest, the custodian shall stamp the
    certification or copy with the words, FOR GENEALOGICAL
    PURPOSES ONLY.
        (5) Any certification or certified copy issued
    pursuant to this Section shall show the date of
    registration; and copies issued from records marked
    "delayed," "amended," or "court order" shall be similarly
    marked and show the effective date.
        (6) Any certification or certified copy of a
    certificate issued in accordance with this Section shall be
    considered as prima facie evidence of the facts therein
    stated, provided that the evidentiary value of a
    certificate or record filed more than one year after the
    event, or a record which has been amended, shall be
    determined by the judicial or administrative body or
    official before whom the certificate is offered as
    evidence.
        (7) Any certification or certified copy issued
    pursuant to this Section shall be issued without charge
    when the record is required by the United States Veterans
    Administration or by any accredited veterans organization
    to be used in determining the eligibility of any person to
    participate in benefits available from such organization.
    Requests for such copies must be in accordance with
    Sections 1 and 2 of "An Act to provide for the furnishing
    of copies of public documents to interested parties,"
    approved May 17, 1935, as now or hereafter amended.
        (8) The National Vital Statistics Division, or any
    agency which may be substituted therefor, may be furnished
    such copies or data as it may require for national
    statistics; provided that the State shall be reimbursed for
    the cost of furnishing such data; and provided further that
    such data shall not be used for other than statistical
    purposes by the National Vital Statistics Division, or any
    agency which may be substituted therefor, unless so
    authorized by the State Registrar of Vital Records.
        (9) Federal, State, local, and other public or private
    agencies may, upon request, be furnished copies or data for
    statistical purposes upon such terms or conditions as may
    be prescribed by the Department.
        (10) The State Registrar of Vital Records, at his
    discretion and in the interest of promoting registration of
    births, may issue, without fee, to the parents or guardian
    of any or every child whose birth has been registered in
    accordance with the provisions of this Act, a special
    notice of registration of birth.
        (11) No person shall prepare or issue any certificate
    which purports to be an original, certified copy, or
    certification of a certificate of birth, death, or fetal
    death, except as authorized in this Act or regulations
    adopted hereunder.
        (12) A computer print-out of any record of birth, death
    or fetal record that may be certified under this Section
    may be used in place of such certification and such
    computer print-out shall have the same legal force and
    effect as a certified copy of the document.
        (13) The State Registrar may verify from the
    information contained in the index maintained by the State
    Registrar the authenticity of information on births,
    deaths, marriages and dissolution of marriages provided to
    a federal agency or a public agency of another state by a
    person seeking benefits or employment from the agency,
    provided the agency pays a fee of $10.
        (14) The State Registrar may issue commemorative birth
    certificates to persons eligible to receive birth
    certificates under this Section upon the payment of a fee
    to be determined by the State Registrar.
(Source: P.A. 99-95, eff. 7-21-15.)

Effective Date: 1/1/2018