97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB1457

 

Introduced , by Rep. William Cunningham

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Missing Persons Identification Act. Provides that the coroner or medical examiner shall obtain a DNA sample from any individual's remains that are unclaimed or from any individual who is deemed indigent by the coroner or medical examiner and shall have the DNA sample forwarded to the Department of State Police for inclusion in the State and National DNA Databases. Amends the Cemetery Oversight Act. Provides that prior to the burial or interment of any indigent or unidentified individual, a cemetery authority must place inside the burial casket or crypt a metal tag that is stamped or inscribed with the indigent or unidentified individual's Unique Personal Identifier. Prohibits the stacking of caskets in one grave space to 3 caskets for indigent or unidentified individuals. Provides that a cemetery authority shall not bury human remains from multiple persons, identified or unidentified, in the same casket or gravespace, except in cases of a mass casualty event, either natural or man-made. Provides that the Department may enter into a written agreement with a local law enforcement agency or county sheriff's department for the purpose of enforcing provisions of this Act. Permits local law enforcement agencies or county sheriff's departments that have entered into an agreement with the Department shall have the authority to issue citations for the violations of this Act that may be adjudicated in a circuit court that has jurisdiction or by a hearing officer designated by the Secretary. Amends the Vital Records Act. Provides an additional $1 surcharge for each certified copy of a death certificate produced by a local registrar or county clerk to be deposited into the counties general fund for medical examiners and coroners to provide DNA samples of indigent or unidentified human remains. Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Missing Persons Identification Act is
5amended by adding Section 25 as follows:
 
6    (50 ILCS 722/25 new)
7    Sec. 25. Indigent persons. The coroner or medical examiner
8shall obtain a DNA sample from any individual's remains that
9are unclaimed or from any individual who is deemed indigent.
10The DNA sample shall be forwarded to the Department of State
11Police for inclusion in the State and National DNA Databases.
 
12    Section 10. The Cemetery Oversight Act is amended by
13changing Section 5-20 and by adding Sections 20-35, 20-40, and
1420-45 as follows:
 
15    (225 ILCS 411/5-20)
16    (Section scheduled to be repealed on January 1, 2021)
17    Sec. 5-20. Exemptions.
18    (a) Notwithstanding any provision of law to the contrary,
19this Act does not apply to (1) any cemetery authority operating
20as a family burying ground, (2) any cemetery authority that has
21not engaged in an interment, inurnment, or entombment of human

 

 

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1remains within the last 10 years and does not accept or
2maintain care funds, or (3) any cemetery authority that is less
3than 2 acres and does not accept or maintain care funds. For
4purposes of determining the applicability of this subsection,
5the number of interments, inurnments, and entombments shall be
6aggregated for each calendar year. A cemetery authority
7claiming a full exemption shall apply for exempt status as
8provided for in Article 10 of this Act. A cemetery authority
9that performs activities that would disqualify it from a full
10exemption is required to apply for licensure within one year
11following the date on which its activities would disqualify it
12for a full exemption. A cemetery authority that previously
13qualified for and maintained a full exemption that fails to
14timely apply for licensure shall be deemed to have engaged in
15unlicensed practice and shall be subject to discipline in
16accordance with Article 25 of this Act.
17    (b) Notwithstanding any provision of law to the contrary, a
18cemetery authority that does not qualify for a full exemption
19that is operating as a cemetery authority (i) that engages in
2025 or fewer interments, inurnments, or entombments of human
21remains for each of the preceding 2 calendar years and does not
22accept or maintain care funds, (ii) that is operating as a
23public cemetery, or (iii) that is operating as a religious
24cemetery is exempt from this Act, but is required to comply
25with Sections 20-5(a), 20-5(b), 20-5(b-5), 20-5(c), 20-5(d),
2620-6, 20-8, 20-10, 20-11, 20-12, 20-30, 20-35, 20-40, 20-45,

 

 

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125-3, and 25-120 and Article 35 of this Act. Cemetery
2authorities claiming a partial exemption shall apply for the
3partial exemption as provided in Article 10 of this Act. A
4cemetery authority that changes to a status that would
5disqualify it from a partial exemption is required to apply for
6licensure within one year following the date on which it
7changes its status. A cemetery authority that maintains a
8partial exemption that fails to timely apply for licensure
9shall be deemed to have engaged in unlicensed practice and
10shall be subject to discipline in accordance with Article 25 of
11this Act.
12    (c) Nothing in this Act applies to the City of Chicago in
13its exercise of its powers under the O'Hare Modernization Act
14or limits the authority of the City of Chicago to acquire
15property or otherwise exercise its powers under the O'Hare
16Modernization Act, or requires the City of Chicago, or any
17person acting on behalf of the City of Chicago, to comply with
18the licensing, regulation, investigation, or mediation
19requirements of this Act in exercising its powers under the
20O'Hare Modernization Act.
21(Source: P.A. 96-863, eff. 3-1-10.)
 
22    (225 ILCS 411/20-35 new)
23    Sec. 20-35. Burial or interment of an indigent or
24unidentified individual.
25    (a) Prior to the burial or interment of any indigent or

 

 

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1unidentified individual, a cemetery authority must place
2inside the burial casket or crypt a metal tag that is stamped
3or inscribed with the indigent or unidentified individual's
4Unique Personal Identifier.
5    (b) The stacking of caskets of any indigent or unidentified
6individual is limited to no more than 3 caskets in one grave
7space.
 
8    (225 ILCS 411/20-40 new)
9    Sec. 20-40. Burial of multiple persons. A cemetery
10authority shall not bury human remains from multiple persons,
11identified or unidentified, in the same casket or grave space
12with the exception of human remains that are placed in
13individual containers or in a mass casualty event, either
14natural or man-made.
 
15    (225 ILCS 411/20-45 new)
16    Sec. 20-45. Local law enforcement; citations. The
17Department may enter into a written agreement with a local law
18enforcement agency or county sheriff's department for the
19purpose of enforcing provisions of this Act. Local police
20agencies or sheriff's departments that enter into an agreement
21with the Department shall have the authority to issue citations
22for violations of this Act that may be adjudicated in a circuit
23court that has jurisdiction or by a hearing officer designated
24by the Secretary.
 

 

 

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1    Section 15. The Vital Records Act is amended by changing
2Section 25 as follows:
 
3    (410 ILCS 535/25)  (from Ch. 111 1/2, par. 73-25)
4    Sec. 25. In accordance with Section 24 of this Act, and the
5regulations adopted pursuant thereto:
6    (1) The State Registrar of Vital Records shall search the
7files of birth, death, and fetal death records, upon receipt of
8a written request and a fee of $10 from any applicant entitled
9to such search. A search fee shall not be required for
10commemorative birth certificates issued by the State
11Registrar. If, upon search, the record requested is found, the
12State Registrar shall furnish the applicant one certification
13of such record, under the seal of such office. If the request
14is for a certified copy of the record an additional fee of $5
15shall be required. If the request is for a certified copy of a
16death certificate or a fetal death certificate, an additional
17fee of $2 is required. The additional fee shall be deposited
18into the Death Certificate Surcharge Fund. A further fee of $2
19shall be required for each additional certification or
20certified copy requested. If the requested record is not found,
21the State Registrar shall furnish the applicant a certification
22attesting to that fact, if so requested by the applicant. A
23further fee of $2 shall be required for each additional
24certification that no record has been found.

 

 

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1    Any local registrar or county clerk shall search the files
2of birth, death and fetal death records, upon receipt of a
3written request from any applicant entitled to such search. If
4upon search the record requested is found, such local registrar
5or county clerk shall furnish the applicant one certification
6or certified copy of such record, under the seal of such
7office, upon payment of the applicable fees. If the requested
8record is not found, the local registrar or county clerk shall
9furnish the applicant a certification attesting to that fact,
10if so requested by the applicant and upon payment of applicable
11fee. The local registrar or county clerk must charge a $3 $2
12fee for each certified copy of a death certificate, a $1 of
13which shall be deposited into the county's general fund for
14medical examiners and coroners to provide DNA sampling for
15indigent or unidentified human remains. The fee is in addition
16to any other fees that are charged by the local registrar or
17county clerk. The additional fees must be transmitted to the
18State Registrar monthly and deposited into the Death
19Certificate Surcharge Fund. The local registrar or county clerk
20may charge fees for providing other services for which the
21State Registrar may charge fees under this Section.
22    A request to any custodian of vital records for a search of
23the death record indexes for genealogical research shall
24require a fee of $10 per name for a 5 year search. An
25additional fee of $1 for each additional year searched shall be
26required. If the requested record is found, one uncertified

 

 

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1copy shall be issued without additional charge.
2    Any fee received by the State Registrar pursuant to this
3Section which is of an insufficient amount may be returned by
4the State Registrar upon his recording the receipt of such fee
5and the reason for its return. The State Registrar is
6authorized to maintain a 2 signature, revolving checking
7account with a suitable commercial bank for the purpose of
8depositing and withdrawing-for-return cash received and
9determined insufficient for the service requested.
10    No fee imposed under this Section may be assessed against
11an organization chartered by Congress that requests a
12certificate for the purpose of death verification.
13    (2) The certification of birth may contain only the name,
14sex, date of birth, and place of birth, of the person to whom
15it relates, the name, age and birthplace of the parents, and
16the file number; and none of the other data on the certificate
17of birth except as authorized under subsection (5) of this
18Section.
19    (3) The certification of death shall contain only the name,
20Social Security Number, sex, date of death, and place of death
21of the person to whom it relates, and file number; and none of
22the other data on the certificate of death except as authorized
23under subsection (5) of this Section.
24    (4) Certification or a certified copy of a certificate
25shall be issued:
26        (a) Upon the order of a court of competent

 

 

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1    jurisdiction; or
2        (b) In case of a birth certificate, upon the specific
3    written request for a certification or certified copy by
4    the person, if of legal age, by a parent or other legal
5    representative of the person to whom the record of birth
6    relates, or by a person having a genealogical interest; or
7        (c) Upon the specific written request for a
8    certification or certified copy by a department of the
9    state or a municipal corporation or the federal government;
10    or
11        (d) In case of a death or fetal death certificate, upon
12    specific written request for a certified copy by a person,
13    or his duly authorized agent, having a genealogical,
14    personal or property right interest in the record.
15    A genealogical interest shall be a proper purpose with
16respect to births which occurred not less than 75 years and
17deaths which occurred not less than 20 years prior to the date
18of written request. Where the purpose of the request is a
19genealogical interest, the custodian shall stamp the
20certification or copy with the words, FOR GENEALOGICAL PURPOSES
21ONLY.
22    (5) Any certification or certified copy issued pursuant to
23this Section shall show the date of registration; and copies
24issued from records marked "delayed," "amended," or "court
25order" shall be similarly marked and show the effective date.
26    (6) Any certification or certified copy of a certificate

 

 

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

 

 

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

 

 

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1certificates to persons eligible to receive birth certificates
2under this Section upon the payment of a fee to be determined
3by the State Registrar.
4(Source: P.A. 91-382, eff. 7-30-99; 92-141, eff. 7-24-01.)
 
5    Section 99. Effective date. This Act takes effect upon
6becoming law.

 

 

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1 INDEX
2 Statutes amended in order of appearance
3    50 ILCS 722/25 new
4    225 ILCS 411/5-20
5    225 ILCS 411/20-35 new
6    225 ILCS 411/20-40 new
7    225 ILCS 411/20-45 new
8    410 ILCS 535/25from Ch. 111 1/2, par. 73-25