State of Illinois
92nd General Assembly

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 1        AN ACT concerning marriage certificates.

 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    Section 5.545 as follows:

 6        (30 ILCS 105/5.545 new)
 7        Sec. 5.545.  The Affordable Housing Fund.

 8        Section 10.  The Vital Records Act is amended by changing
 9    Section 25 as follows:

10        (410 ILCS 535/25) (from Ch. 111 1/2, par. 73-25)
11        Sec. 25.  In accordance with Section 24 of this Act,  and
12    the regulations adopted pursuant thereto:
13        (1)  The  State  Registrar  of Vital Records shall search
14    the files of birth, death,  and  fetal  death  records,  upon
15    receipt  of  a  written  request  and  a  fee of $10 from any
16    applicant entitled to such search.  A search fee shall not be
17    required for commemorative birth certificates issued  by  the
18    State  Registrar.  If,  upon  search, the record requested is
19    found, the State Registrar shall furnish  the  applicant  one
20    certification  of such record, under the seal of such office.
21    If the request is for a  certified  copy  of  the  record  an
22    additional  fee  of  $5 shall be required.  If the request is
23    for a certified copy of a death certificate or a fetal  death
24    certificate,  an  additional  fee  of  $2  is  required.  The
25    additional fee shall be deposited into the Death  Certificate
26    Surcharge  Fund.   A  further fee of $2 shall be required for
27    each additional certification or  certified  copy  requested.
28    If  the  requested  record  is not found, the State Registrar
29    shall furnish the applicant a certification attesting to that
                            -2-                LRB9204797WHcs
 1    fact, if so requested by the applicant.  A further fee of  $2
 2    shall  be  required for each additional certification that no
 3    record has been found.
 4        Any local registrar or  county  clerk  shall  search  the
 5    files  of  birth, death and fetal death records, upon receipt
 6    of a written request from  any  applicant  entitled  to  such
 7    search.   If  upon search the record requested is found, such
 8    local registrar or county clerk shall furnish  the  applicant
 9    one certification or certified copy of such record, under the
10    seal  of  such  office. If the requested record is not found,
11    the  local  registrar  or  county  clerk  shall  furnish  the
12    applicant a certification  attesting  to  that  fact,  if  so
13    requested  by  the  applicant.  The local registrar or county
14    clerk may charge fees for providing services  for  which  the
15    State  Registrar  may  charge fees under this Section, except
16    that such fees may not exceed the fees charged by  the  State
17    Registrar.
18        A  request to any custodian of vital records for a search
19    of the death record indexes for genealogical  research  shall
20    require  a  fee  of  $10  per  name  for a 5 year search.  An
21    additional fee of $1 for each additional year searched  shall
22    be   required.    If  the  requested  record  is  found,  one
23    uncertified copy shall be issued without additional charge.
24        Any fee received by the State Registrar pursuant to  this
25    Section which is of an insufficient amount may be returned by
26    the  State  Registrar  upon his recording the receipt of such
27    fee and the reason for its return.  The  State  Registrar  is
28    authorized  to  maintain  a  2  signature, revolving checking
29    account with a suitable commercial bank for  the  purpose  of
30    depositing   and  withdrawing-for-return  cash  received  and
31    determined insufficient for the service requested.
32        (2)  The certification of  birth  may  contain  only  the
33    name,  sex,  date of birth, and place of birth, of the person
34    to whom it relates, the  name,  age  and  birthplace  of  the
                            -3-                LRB9204797WHcs
 1    parents,  and  the file number; and none of the other data on
 2    the  certificate  of  birth  except   as   authorized   under
 3    subsection (5) of this Section.
 4        (3)  The  certification  of  death shall contain only the
 5    name, Social Security Number, sex, date of death,  and  place
 6    of  death  of the person to whom it relates, and file number;
 7    and none of the other data on the certificate of death except
 8    as authorized under subsection (5) of this Section.
 9        (4)  Certification or a certified copy of  a  certificate
10    shall be issued:
11             (a)  Upon   the   order  of  a  court  of  competent
12        jurisdiction; or
13             (b)  In  case  of  a  birth  certificate,  upon  the
14        specific written request for a certification or certified
15        copy by the person, if of legal age, by a parent or other
16        legal representative of the person to whom the record  of
17        birth  relates,  or  by  a  person  having a genealogical
18        interest; or
19             (c)  Upon  the  specific  written  request   for   a
20        certification  or  certified  copy by a department of the
21        state  or  a  municipal  corporation   or   the   federal
22        government; or
23             (d)  In  case of a death or fetal death certificate,
24        upon specific written request for a certified copy  by  a
25        person,   or   his   duly   authorized  agent,  having  a
26        genealogical, personal or property right interest in  the
27        record.
28        A  genealogical  interest  shall be a proper purpose with
29    respect to births which occurred not less than 75  years  and
30    deaths  which  occurred  not  less than 20 years prior to the
31    date of written request.  Where the purpose of the request is
32    a  genealogical  interest,  the  custodian  shall  stamp  the
33    certification  or  copy  with  the  words,  FOR  GENEALOGICAL
                            -4-                LRB9204797WHcs
 1        (5)  Any certification or certified copy issued  pursuant
 2    to  this  Section  shall  show  the date of registration; and
 3    copies issued from records marked  "delayed,"  "amended,"  or
 4    "court   order"  shall  be  similarly  marked  and  show  the
 5    effective date.
 6        (6)  Any certification or certified copy of a certificate
 7    issued in accordance with this Section shall be considered as
 8    prima facie evidence of the facts  therein  stated,  provided
 9    that  the  evidentiary value of a certificate or record filed
10    more than one year after the event, or  a  record  which  has
11    been   amended,  shall  be  determined  by  the  judicial  or
12    administrative body or official before whom  the  certificate
13    is offered as evidence.
14        (7)  Any  certification or certified copy issued pursuant
15    to this Section shall  be  issued  without  charge  when  the
16    record   is   required   by   the   United   States  Veterans
17    Administration or by any accredited veterans organization  to
18    be  used  in  determining  the  eligibility  of any person to
19    participate in benefits  available  from  such  organization.
20    Requests  for such copies must be in accordance with Sections
21    1 and 2 of "An Act to provide for the furnishing of copies of
22    public documents to interested  parties,"  approved  May  17,
23    1935, as now or hereafter amended.
24        (8)  The  National  Vital  Statistics  Division,  or  any
25    agency  which  may  be substituted therefor, may be furnished
26    such  copies  or  data  as  it  may  require   for   national
27    statistics;  provided  that the State shall be reimbursed for
28    the cost of furnishing such data; and provided  further  that
29    such  data  shall  not  be  used  for  other than statistical
30    purposes by the National Vital Statistics  Division,  or  any
31    agency   which   may   be  substituted  therefor,  unless  so
32    authorized by the State Registrar of Vital Records.
33        (9)  Federal, State, local, and other public  or  private
34    agencies  may,  upon request, be furnished copies or data for
                            -5-                LRB9204797WHcs
 1    statistical purposes upon such terms or conditions as may  be
 2    prescribed by the Department.
 3        (10)  The  State  Registrar  of  Vital  Records,  at  his
 4    discretion  and  in the interest of promoting registration of
 5    births, may issue, without fee, to the parents or guardian of
 6    any or  every  child  whose  birth  has  been  registered  in
 7    accordance  with the provisions of this Act, a special notice
 8    of registration of birth.
 9        (11)  No person shall prepare or  issue  any  certificate
10    which   purports  to  be  an  original,  certified  copy,  or
11    certification of a certificate  of  birth,  death,  or  fetal
12    death,  except  as  authorized  in  this  Act  or regulations
13    adopted hereunder.
14        (12)  A computer print-out of any record of birth,  death
15    or  fetal record that may be certified under this Section may
16    be used in place of  such  certification  and  such  computer
17    print-out  shall  have  the  same legal force and effect as a
18    certified copy of the document.
19        (13)  The State Registrar may verify from the information
20    contained in the index maintained by the State Registrar  the
21    authenticity  of information on births, deaths, marriages and
22    dissolution of marriages provided to a federal  agency  or  a
23    public  agency  of another state by a person seeking benefits
24    or employment from the agency, provided the agency pays a fee
25    of $10.
26        (14)  The State Registrar may issue  commemorative  birth
27    certificates   to   persons   eligible   to   receive   birth
28    certificates  under this Section upon the payment of a fee to
29    be determined by the State Registrar.
30        (15)  Upon request and upon the payment of a fee  as  set
31    forth  in  this  subdivision  (15), the State Registrar shall
32    issue an heirloom marriage certificate to the  parties  to  a
33    marriage for which a marriage certificate has been registered
34    with  the  Office  of  Vital  Records.  The heirloom marriage
                            -6-                LRB9204797WHcs
 1    certificate must be in a form consistent  with  the  need  to
 2    protect  the  integrity of vital records and must be suitable
 3    for display.  The heirloom marriage certificate may bear  the
 4    seal  of the State and may be signed by the Governor. The fee
 5    for an heirloom marriage certificate shall be  determined  by
 6    the  State  Registrar and shall include the cost of producing
 7    and  issuing  the  heirloom  marriage  certificate   and   an
 8    additional sum of $25.  The additional $25 shall be deposited
 9    into  the  Affordable  Housing  Fund,  a special fund that is
10    created in the  State  treasury.  Moneys  in  the  Affordable
11    Housing  Fund shall be used, subject to appropriation, solely
12    for grants for affordable housing programs.
13    (Source: P.A. 90-144, eff. 7-23-97; 91-382, eff. 7-30-99.)

14        Section 15.  The Illinois  Marriage  and  Dissolution  of
15    Marriage Act is amended by changing Section 202 as follows:

16        (750 ILCS 5/202) (from Ch. 40, par. 202)
17        Sec.  202.  Marriage  License  and Marriage Certificate.)
18    (a) The Director of Public Health shall  prescribe  the  form
19    for  an  application  for  a  marriage  license,  which shall
20    include the following information:
21        (1)  name,  sex,  occupation,  address,  social  security
22    number, date and place of birth of each party to the proposed
23    marriage;
24        (2)  if either party was previously  married,  his  name,
25    and  the  date,  place  and  court  in which the marriage was
26    dissolved or declared invalid or the date and place of  death
27    of the former spouse;
28        (3)  name  and address of the parents or guardian of each
29    party; and
30        (4)  whether the parties are related to each  other  and,
31    if so, their relationship.
32        (a-5)  Heirloom  marriage  certificates  shall be issued,
                            -7-                LRB9204797WHcs
 1    upon request, in accordance with  Section  25  of  the  Vital
 2    Records Act.
 3        (b)  The  Director  of  Public Health shall prescribe the
 4    forms for the marriage license, the marriage certificate, the
 5    heirloom  marriage  certificate,  and,  when  necessary,  the
 6    consent to marriage.
 7    (Source: P.A. 80-923.)

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