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92nd General Assembly

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Public Act 92-0141

HB3054 Enrolled                                LRB9205497MWpc

    AN ACT concerning death registrations.

    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 adding
Section 18.5 and changing Sections 25 and 25.5 as follows:

    (410 ILCS 535/18.5 new)
    Sec.  18.5.  Electronic  reporting   system   for   death
registrations.   The  State  Registrar  may  facilitate death
registration by implementing an electronic reporting  system.
The system may be used to transfer information to individuals
and   institutions  responsible  for  completing  and  filing
certificates and related reports for deaths that occur in the
State. The system shall be capable of storing and  retrieving
accurate and timely data and statistics for those persons and
agencies  responsible  for  vital  records  registration  and
administration.

    (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. 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.  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, except that
such fees may not  exceed  the  fees  charged  by  the  State
Registrar.
    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.
    (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
         (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. 90-144, eff. 7-23-97; 91-382, eff. 7-30-99.)

    (410 ILCS 535/25.5)
    Sec.   25.5.  Death   Certificate  Surcharge  Fund.   The
additional $2 fee for certified copies of death  certificates
and fetal death certificates must be deposited into the Death
Certificate  Surcharge  Fund,  a  special fund created in the
State treasury.  Beginning 30 days after the  effective  date
of this amendatory Act of the 92nd General Assembly and until
January   1,   2003,   moneys   in   the   Fund,  subject  to
appropriation, may be used by the Department for the  purpose
of  implementing  an  electronic  reporting  system for death
registrations as  provided  in  Section  18.5  of  this  Act.
Before  the effective date of this amendatory Act of the 92nd
General Assembly and on and after January 1, 2003, moneys  in
the  Fund, subject to appropriations, may be used as follows:
(i)  25%  by  the  Illinois  Law  Enforcement  Training   and
Standards  Board for the purpose of training coroners, deputy
coroners, forensic  pathologists,  and  police  officers  for
homicide  investigations,  (ii)  25% by the Illinois Necropsy
Board for equipment  and  lab  facilities  for  local  county
coroners,  (iii)  25%  by the Department of Public Health for
the purpose of setting  up  a  statewide  database  of  death
certificates  and implementing an electronic reporting system
for death registrations pursuant to Section  18.5,  and  (iv)
25%  for  a grant by the Department of Public Health to local
registrars the Cook County Health Department.
(Source: P.A. 91-382, eff. 7-30-99; revised 2-23-00.)

    Section 99.  Effective date.  This Act takes effect  upon
becoming law.
    Passed in the General Assembly May 03, 2001.
    Approved July 24, 2001.

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