Public Act 099-0095
 
SB1688 EnrolledLRB099 00172 MRW 20173 b

    AN ACT concerning vital records.
 
    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 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, upon payment of the applicable fees. 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 and upon payment of applicable
fee. The local registrar or county clerk must charge a $2 fee
for each certified copy of a death certificate. The fee is in
addition to any other fees that are charged by the local
registrar or county clerk. The additional fees must be
transmitted to the State Registrar monthly and deposited into
the Death Certificate Surcharge Fund. The local registrar or
county clerk may charge fees for providing other services for
which the State Registrar may charge fees under this Section.
    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.
    No fee imposed under this Section may be assessed against
an organization chartered by Congress that requests a
certificate for the purpose of death verification.
    Any custodian of vital records, whether it may be the
Department of Public Health, a local registrar, or a county
clerk shall charge an additional $2 for each certified copy of
a death certificate and that additional fee shall be collected
on behalf of the Department of Financial and Professional
Regulation for deposit into the Cemetery Oversight Licensing
and Disciplinary Fund.
    (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
        (c-1) Upon the specific written request for a
    certification or certified copy by a State's Attorney for
    the purpose of a criminal prosecution; 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. 97-679, eff. 2-6-12.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.