101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB1578

 

Introduced 2/15/2019, by Sen. Antonio Muņoz

 

SYNOPSIS AS INTRODUCED:
 
410 ILCS 535/25  from Ch. 111 1/2, par. 73-25

    Amends the Vital Records Act. Makes a technical change in a Section concerning fees.


LRB101 08488 CPF 53565 b

 

 

A BILL FOR

 

SB1578LRB101 08488 CPF 53565 b

1    AN ACT concerning health.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Vital Records Act is amended by changing
5Section 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
8the regulations adopted 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
13    be required for commemorative birth certificates issued by
14    the State Registrar. A search fee shall not be required for
15    a birth record search from a person (1) upon release on
16    parole, mandatory supervised release, final discharge, or
17    pardon from the Department of Corrections if the person
18    presents a prescribed verification form completed by the
19    Department of Corrections verifying the person's date of
20    birth and social security number, or (2) placed on
21    aftercare release under the Juvenile Court Act of 1987,
22    upon release on parole, mandatory supervised release,
23    final discharge, or pardon from the Department of Juvenile

 

 

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1    Justice if the person presents a prescribed verification
2    form completed by the Department of Juvenile Justice
3    verifying the person's date of birth and social security
4    number; however, the person is entitled to only one search
5    fee waiver. If, upon search, the record requested is found,
6    the State Registrar shall furnish the applicant one
7    certification of such record, under the seal of such
8    office. If the request is for a certified copy of the
9    record an additional fee of $5 shall be required. An
10    additional fee for a certified copy of the record shall not
11    be required from a person (1) upon release on parole,
12    mandatory supervised release, final discharge, or pardon
13    from the Department of Corrections if the person presents a
14    prescribed verification form completed by the Department
15    of Corrections verifying the released person's date of
16    birth and social security number, or (2) placed on
17    aftercare release under the Juvenile Court Act of 1987,
18    upon release on parole, mandatory supervised release,
19    final discharge, or pardon from the Department of Juvenile
20    Justice if the person presents a prescribed verification
21    form completed by the Department of Juvenile Justice
22    verifying the person's date of birth and social security
23    number; however, the person is entitled to only one
24    certified copy fee waiver. If the request is for a
25    certified copy of a death certificate or a fetal death
26    certificate, an additional fee of $2 is required. The

 

 

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1    additional fee shall be deposited into the Death
2    Certificate Surcharge Fund. A further fee of $2 shall be
3    required for each additional certification or certified
4    copy requested. If the requested record is not found, the
5    State Registrar shall furnish the applicant a
6    certification attesting to that fact, if so requested by
7    the applicant. A further fee of $2 shall be required for
8    each additional certification that no record has been
9    found.
10        Any local registrar or county clerk shall search the
11    files of birth, death and fetal death records, upon receipt
12    of a written request from any applicant entitled to such
13    search. If upon search the record requested is found, such
14    local registrar or county clerk shall furnish the applicant
15    one certification or certified copy of such record, under
16    the seal of such office, upon payment of the applicable
17    fees. If the requested record is not found, the local
18    registrar or county clerk shall furnish the applicant a
19    certification attesting to that fact, if so requested by
20    the applicant and upon payment of applicable fee. The local
21    registrar or county clerk must charge a $2 fee for each
22    certified copy of a death certificate. The fee is in
23    addition to any other fees that are charged by the local
24    registrar or county clerk. The additional fees must be
25    transmitted to the State Registrar monthly and deposited
26    into the Death Certificate Surcharge Fund. The local

 

 

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1    registrar or county clerk may charge fees for providing
2    other services for which the State Registrar may charge
3    fees under this Section.
4        A request to any custodian of vital records for a
5    search of the death record indexes for genealogical
6    research shall require a fee of $10 per name for a 5 year
7    search. An additional fee of $1 for each additional year
8    searched shall be required. If the requested record is
9    found, one uncertified copy shall be issued without
10    additional charge.
11        Any fee received by the State Registrar pursuant to
12    this Section which is of an insufficient amount may be
13    returned by the State Registrar upon his recording the
14    receipt of such fee and the reason for its return. The
15    State Registrar is authorized to maintain a 2 signature,
16    revolving checking account with a suitable commercial bank
17    for the purpose of depositing and withdrawing-for-return
18    cash received and determined insufficient for the service
19    requested.
20        No fee imposed under this Section may be assessed
21    against an organization chartered by Congress that
22    requests a certificate for the purpose of death
23    verification.
24        Any custodian of vital records, whether it may be the
25    Department of Public Health, a local registrar, or a county
26    clerk shall charge an additional $2 for each certified copy

 

 

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1    of a death certificate and that additional fee shall be
2    collected on behalf of the Department of Financial and
3    Professional Regulation for deposit into the Cemetery
4    Oversight Licensing and Disciplinary Fund.
5        (2) The certification of birth may contain only the
6    name, sex, date of birth, and place of birth, of the person
7    to whom it relates, the name, age and birthplace of the
8    parents, and the file number; and none of the other data on
9    the certificate of birth except as authorized under
10    subsection (5) of this Section.
11        (3) The certification of death shall contain only the
12    name, Social Security Number, sex, date of death, and place
13    of death of the person to whom it relates, and file number;
14    and none of the other data on the certificate of death
15    except as authorized under subsection (5) of this Section.
16        (4) Certification or a certified copy of a certificate
17    shall be issued:
18            (a) Upon the order of a court of competent
19        jurisdiction; or
20            (b) In case of a birth certificate, upon the
21        specific written request for a certification or
22        certified copy by the person, if of legal age, by a
23        parent or other legal representative of the person to
24        whom the record of birth relates, or by a person having
25        a genealogical interest; or
26            (c) Upon the specific written request for a

 

 

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1        certification or certified copy by a department of the
2        state or a municipal corporation or the federal
3        government; or
4            (c-1) Upon the specific written request for a
5        certification or certified copy by a State's Attorney
6        for the purpose of a criminal prosecution; or
7            (d) In case of a death or fetal death certificate,
8        upon specific written request for a certified copy by a
9        person, or his duly authorized agent, having a
10        genealogical, personal or property right interest in
11        the record.
12        A genealogical interest shall be a proper purpose with
13    respect to births which occurred not less than 75 years and
14    deaths which occurred not less than 20 years prior to the
15    date of written request. Where the purpose of the request
16    is a genealogical interest, the custodian shall stamp the
17    certification or copy with the words, FOR GENEALOGICAL
18    PURPOSES ONLY.
19        (5) Any certification or certified copy issued
20    pursuant to this Section shall show the date of
21    registration; and copies issued from records marked
22    "delayed," "amended," or "court order" shall be similarly
23    marked and show the effective date.
24        (6) Any certification or certified copy of a
25    certificate issued in accordance with this Section shall be
26    considered as prima facie evidence of the facts therein

 

 

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1    stated, provided that the evidentiary value of a
2    certificate or record filed more than one year after the
3    event, or a record which has been amended, shall be
4    determined by the judicial or administrative body or
5    official before whom the certificate is offered as
6    evidence.
7        (7) Any certification or certified copy issued
8    pursuant to this Section shall be issued without charge
9    when the record is required by the United States Veterans
10    Administration or by any accredited veterans organization
11    to be used in determining the eligibility of any person to
12    participate in benefits available from such organization.
13    Requests for such copies must be in accordance with
14    Sections 1 and 2 of "An Act to provide for the furnishing
15    of copies of public documents to interested parties,"
16    approved May 17, 1935, as now or hereafter amended.
17        (8) The National Vital Statistics Division, or any
18    agency which may be substituted therefor, may be furnished
19    such copies or data as it may require for national
20    statistics; provided that the State shall be reimbursed for
21    the cost of furnishing such data; and provided further that
22    such data shall not be used for other than statistical
23    purposes by the National Vital Statistics Division, or any
24    agency which may be substituted therefor, unless so
25    authorized by the State Registrar of Vital Records.
26        (9) Federal, State, local, and other public or private

 

 

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1    agencies may, upon request, be furnished copies or data for
2    statistical purposes upon such terms or conditions as may
3    be prescribed by the Department.
4        (10) The State Registrar of Vital Records, at his
5    discretion and in the interest of promoting registration of
6    births, may issue, without fee, to the parents or guardian
7    of any or every child whose birth has been registered in
8    accordance with the provisions of this Act, a special
9    notice of registration of birth.
10        (11) No person shall prepare or issue any certificate
11    which purports to be an original, certified copy, or
12    certification of a certificate of birth, death, or fetal
13    death, except as authorized in this Act or regulations
14    adopted hereunder.
15        (12) A computer print-out of any record of birth, death
16    or fetal record that may be certified under this Section
17    may be used in place of such certification and such
18    computer print-out shall have the same legal force and
19    effect as a certified copy of the document.
20        (13) The State Registrar may verify from the
21    information contained in the index maintained by the State
22    Registrar the authenticity of information on births,
23    deaths, marriages and dissolution of marriages provided to
24    a federal agency or a public agency of another state by a
25    person seeking benefits or employment from the agency,
26    provided the agency pays a fee of $10.

 

 

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1        (14) The State Registrar may issue commemorative birth
2    certificates to persons eligible to receive birth
3    certificates under this Section upon the payment of a fee
4    to be determined by the State Registrar.
5(Source: P.A. 99-95, eff. 7-21-15; 100-42, eff. 1-1-18;
6100-724, eff. 8-3-18.)