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

    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,
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 the
10files of birth, death, and fetal death records, upon receipt of
11a written request and a fee of $10 from any applicant entitled
12to such search. A search fee shall not be required for
13commemorative birth certificates issued by the State
14Registrar. If, upon search, the record requested is found, the
15State Registrar shall furnish the applicant one certification
16of such record, under the seal of such office. If the request
17is for a certified copy of the record an additional fee of $5
18shall be required. If the request is for a certified copy of a
19death certificate or a fetal death certificate, an additional
20fee of $2 is required. The additional fee shall be deposited
21into the Death Certificate Surcharge Fund. A further fee of $2
22shall be required for each additional certification or
23certified copy requested. If the requested record is not found,

 

 

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

 

 

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1required. If the requested record is found, one uncertified
2copy shall be issued without additional charge.
3    Any fee received by the State Registrar pursuant to this
4Section which is of an insufficient amount may be returned by
5the State Registrar upon his recording the receipt of such fee
6and the reason for its return. The State Registrar is
7authorized to maintain a 2 signature, revolving checking
8account with a suitable commercial bank for the purpose of
9depositing and withdrawing-for-return cash received and
10determined insufficient for the service requested.
11    No fee imposed under this Section may be assessed against
12an organization chartered by Congress that requests a
13certificate for the purpose of death verification.
14    (2) The certification of birth may contain only the name,
15sex, date of birth, and place of birth, of the person to whom
16it relates, the name, age and birthplace of the parents, and
17the file number; and none of the other data on the certificate
18of birth except as authorized under subsection (5) of this
19Section.
20    (3) The certification of death shall contain only the name,
21Social Security Number, sex, date of death, and place of death
22of the person to whom it relates, and file number; and none of
23the other data on the certificate of death except as authorized
24under subsection (5) of this Section.
25    (4) Certification or a certified copy of a certificate
26shall 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
17respect to births which occurred not less than 75 years and
18deaths which occurred not less than 20 years prior to the date
19of written request. Where the purpose of the request is a
20genealogical interest, the custodian shall stamp the
21certification or copy with the words, FOR GENEALOGICAL PURPOSES
22ONLY.
23    (5) Any certification or certified copy issued pursuant to
24this Section shall show the date of registration; and copies
25issued from records marked "delayed," "amended," or "court
26order" shall be similarly marked and show the effective date.

 

 

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

 

 

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1    (9) Federal, State, local, and other public or private
2agencies may, upon request, be furnished copies or data for
3statistical purposes upon such terms or conditions as may be
4prescribed by the Department.
5    (10) The State Registrar of Vital Records, at his
6discretion and in the interest of promoting registration of
7births, may issue, without fee, to the parents or guardian of
8any or every child whose birth has been registered in
9accordance with the provisions of this Act, a special notice of
10registration of birth.
11    (11) No person shall prepare or issue any certificate which
12purports to be an original, certified copy, or certification of
13a certificate of birth, death, or fetal death, except as
14authorized in this Act or regulations adopted hereunder.
15    (12) A computer print-out of any record of birth, death or
16fetal record that may be certified under this Section may be
17used in place of such certification and such computer print-out
18shall have the same legal force and effect as a certified copy
19of the document.
20    (13) The State Registrar may verify from the information
21contained in the index maintained by the State Registrar the
22authenticity of information on births, deaths, marriages and
23dissolution of marriages provided to a federal agency or a
24public agency of another state by a person seeking benefits or
25employment 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
2certificates to persons eligible to receive birth certificates
3under this Section upon the payment of a fee to be determined
4by the State Registrar.
5(Source: P.A. 91-382, eff. 7-30-99; 92-141, eff. 7-24-01.)