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90_HB2423
410 ILCS 535/25 from Ch. 111 1/2, par. 73-25
Amends the Vital Records Act. Provides that a county
board may authorize the local registrar or county clerk to
charge an additional fee of up to 30% of the fee charged by
the State Registrar. The additional fee shall be used for
funding emergency child care in the county.
LRB9007811DJpcA
LRB9007811DJpcA
1 AN ACT to amend the Vital Records Act by changing Section
2 25.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Vital Records Act is amended by changing
6 Section 25 as follows:
7 (410 ILCS 535/25) (from Ch. 111 1/2, par. 73-25)
8 Sec. 25. In accordance with Section 24 of this Act, and
9 the regulations adopted pursuant thereto:
10 (1) The State Registrar of Vital Records shall search
11 the files of birth, death, and fetal death records, upon
12 receipt of a written request and a fee of $10 from any
13 applicant entitled to such search. A search fee shall not be
14 required for commemorative birth certificates issued by the
15 State Registrar. If, upon search, the record requested is
16 found, the State Registrar shall furnish the applicant one
17 certification of such record, under the seal of such office.
18 If the request is for a certified copy of the record an
19 additional fee of $5 shall be required. A further fee of $2
20 shall be required for each additional certification or
21 certified copy requested. If the requested record is not
22 found, the State Registrar shall furnish the applicant a
23 certification attesting to that fact, if so requested by the
24 applicant. A further fee of $2 shall be required for each
25 additional certification that no record has been found.
26 Any local registrar or county clerk shall search the
27 files of birth, death and fetal death records, upon receipt
28 of a written request from any applicant entitled to such
29 search. If upon search the record requested is found, such
30 local registrar or county clerk shall furnish the applicant
31 one certification or certified copy of such record, under the
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1 seal of such office. If the requested record is not found,
2 the local registrar or county clerk shall furnish the
3 applicant a certification attesting to that fact, if so
4 requested by the applicant. The local registrar or county
5 clerk may charge fees for providing services for which the
6 State Registrar may charge fees under this Section, except
7 that such fees may not exceed the fees charged by the State
8 Registrar unless specifically authorized under this Section.
9 The county board of a county may by ordinance authorize
10 the local registrar or county clerk to charge an additional
11 fee in connection with searches of the files of birth, death,
12 and fetal death records. The fee shall be for the sole
13 purpose of providing emergency child care in the county and
14 shall be in addition to any other fee authorized under this
15 Section. The additional fee shall be set by the county board
16 and may not exceed 30% of the fee charged by the State
17 Registrar for a similar service. If the county board
18 authorizes an additional fee under this paragraph, the county
19 board also shall by ordinance authorize the county treasurer
20 to establish a special fund for deposit of the additional
21 fees collected under this paragraph. Moneys in the special
22 fund shall be used solely to provide emergency child care in
23 the county and shall be disbursed once each year, as
24 determined by the county board, in equal portions between the
25 facilities in the county that are concurrently licensed as a
26 child welfare agency and a group home under the Child Care
27 Act of 1969.
28 A request to any custodian of vital records for a search
29 of the death record indexes for genealogical research shall
30 require a fee of $10 per name for a 5 year search. An
31 additional fee of $1 for each additional year searched shall
32 be required. If the requested record is found, one
33 uncertified copy shall be issued without additional charge.
34 Any fee received by the State Registrar pursuant to this
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1 Section which is of an insufficient amount may be returned by
2 the State Registrar upon his recording the receipt of such
3 fee and the reason for its return. The State Registrar is
4 authorized to maintain a 2 signature, revolving checking
5 account with a suitable commercial bank for the purpose of
6 depositing and withdrawing-for-return cash received and
7 determined insufficient for the service requested.
8 (2) The certification of birth may contain only the
9 name, sex, date of birth, and place of birth, of the person
10 to whom it relates, the name, age and birthplace of the
11 parents, and the file number; and none of the other data on
12 the certificate of birth except as authorized under
13 subsection (5) of this Section.
14 (3) The certification of death shall contain only the
15 name, Social Security Number, sex, date of death, and place
16 of death of the person to whom it relates, and file number;
17 and none of the other data on the certificate of death except
18 as authorized under subsection (5) of this Section.
19 (4) Certification or a certified copy of a certificate
20 shall be issued:
21 (a) Upon the order of a court of competent
22 jurisdiction; or
23 (b) In case of a birth certificate, upon the
24 specific written request for a certification or certified
25 copy by the person, if of legal age, by a parent or other
26 legal representative of the person to whom the record of
27 birth relates, or by a person having a genealogical
28 interest; or
29 (c) Upon the specific written request for a
30 certification or certified copy by a department of the
31 state or a municipal corporation or the federal
32 government; or
33 (d) In case of a death or fetal death certificate,
34 upon specific written request for a certified copy by a
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1 person, or his duly authorized agent, having a
2 genealogical, personal or property right interest in the
3 record.
4 A genealogical interest shall be a proper purpose with
5 respect to births which occurred not less than 75 years and
6 deaths which occurred not less than 20 years prior to the
7 date of written request. Where the purpose of the request is
8 a genealogical interest, the custodian shall stamp the
9 certification or copy with the words, FOR GENEALOGICAL
10 PURPOSES ONLY.
11 (5) Any certification or certified copy issued pursuant
12 to this Section shall show the date of registration; and
13 copies issued from records marked "delayed," "amended," or
14 "court order" shall be similarly marked and show the
15 effective date.
16 (6) Any certification or certified copy of a certificate
17 issued in accordance with this Section shall be considered as
18 prima facie evidence of the facts therein stated, provided
19 that the evidentiary value of a certificate or record filed
20 more than one year after the event, or a record which has
21 been amended, shall be determined by the judicial or
22 administrative body or official before whom the certificate
23 is offered as evidence.
24 (7) Any certification or certified copy issued pursuant
25 to this Section shall be issued without charge when the
26 record is required by the United States Veterans
27 Administration or by any accredited veterans organization to
28 be used in determining the eligibility of any person to
29 participate in benefits available from such organization.
30 Requests for such copies must be in accordance with Sections
31 1 and 2 of "An Act to provide for the furnishing of copies of
32 public documents to interested parties," approved May 17,
33 1935, as now or hereafter amended.
34 (8) The National Vital Statistics Division, or any
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1 agency which may be substituted therefor, may be furnished
2 such copies or data as it may require for national
3 statistics; provided that the State shall be reimbursed for
4 the cost of furnishing such data; and provided further that
5 such data shall not be used for other than statistical
6 purposes by the National Vital Statistics Division, or any
7 agency which may be substituted therefor, unless so
8 authorized by the State Registrar of Vital Records.
9 (9) Federal, State, local, and other public or private
10 agencies may, upon request, be furnished copies or data for
11 statistical purposes upon such terms or conditions as may be
12 prescribed by the Department.
13 (10) The State Registrar of Vital Records, at his
14 discretion and in the interest of promoting registration of
15 births, may issue, without fee, to the parents or guardian of
16 any or every child whose birth has been registered in
17 accordance with the provisions of this Act, a special notice
18 of registration of birth.
19 (11) No person shall prepare or issue any certificate
20 which purports to be an original, certified copy, or
21 certification of a certificate of birth, death, or fetal
22 death, except as authorized in this Act or regulations
23 adopted hereunder.
24 (12) A computer print-out of any record of birth, death
25 or fetal record that may be certified under this Section may
26 be used in place of such certification and such computer
27 print-out shall have the same legal force and effect as a
28 certified copy of the document.
29 (13) The State Registrar may verify from the information
30 contained in the index maintained by the State Registrar the
31 authenticity of information on births, deaths, marriages and
32 dissolution of marriages provided to a federal agency or a
33 public agency of another state by a person seeking benefits
34 or employment from the agency, provided the agency pays a fee
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1 of $10.
2 (14) The State Registrar may issue commemorative birth
3 certificates to persons eligible to receive birth
4 certificates under this Section upon the payment of a fee to
5 be determined by the State Registrar.
6 (Source: P.A. 90-144, eff. 7-23-97.)