State of Illinois
91st General Assembly
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Public Act 91-0382

HB1864 Enrolled                                LRB9103090MWgc

    AN ACT concerning fees for death  certificates,  amending
named Acts.

    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  changing
Section 25 and adding Section 25.5 as follows:

    (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. 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. The  local  registrar  or  county
clerk  may  charge  fees for providing 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.
    (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.)

    (410 ILCS 535/25.5 new)
    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.    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,  (ii)  25%  by  the Illinois
Necropsy Board for equipment and lab facilities, (iii) 25% by
the Department of Public Health for the purpose of setting up
a statewide database of death certificates, and (iv) 25%  for
a grant by the Department of Public Health to the Cook County
Health Department.

    Section  95.  The  State Finance Act is amended by adding
Section 5.490 as follows:

    (30 ILCS 105/5.490 new)
    Sec. 5.490.  The Death Certificate Surcharge Fund.

    Section 99.  Effective date.  This Act takes effect  upon
becoming law.

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