Full Text of SB3035 99th General Assembly
SB3035 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 SB3035 Introduced 2/18/2016, by Sen. Julie A. Morrison SYNOPSIS AS INTRODUCED: |
| 410 ILCS 535/25 | from Ch. 111 1/2, par. 73-25 |
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Amends the Vital Records Act. Requires the State Registrar of Vital Records, local registrar, or county clerk to inform requesters of birth, death, and fetal death record searches that they may make an optional $1 donation per record to be deposited into the Department of Children and Family Services Special Purpose Trust Fund.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| 1 | | AN ACT concerning health.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Vital Records Act is amended by changing | 5 | | Section 25 as follows:
| 6 | | (410 ILCS 535/25) (from Ch. 111 1/2, par. 73-25)
| 7 | | Sec. 25. In accordance with Section 24 of this Act, and the
| 8 | | regulations adopted pursuant thereto: | 9 | | (1) The State Registrar of Vital Records shall search | 10 | | the files of birth,
death, and fetal death records, upon | 11 | | receipt of a written request and a fee
of $10 from any | 12 | | applicant entitled to such search. A search fee shall not
| 13 | | be required for commemorative birth certificates issued by | 14 | | the State
Registrar. If, upon search, the record requested | 15 | | is found, the State
Registrar shall furnish the applicant | 16 | | one certification of such record,
under the seal of such | 17 | | office. If the request is for a certified copy of
the | 18 | | record an additional fee of $5 shall be required. If the | 19 | | request is for
a certified copy of a death certificate or a | 20 | | fetal death certificate, an
additional fee of $2 is | 21 | | required. The additional fee shall be deposited into
the | 22 | | Death Certificate Surcharge Fund. A further fee of $2
shall | 23 | | be required for each additional certification or certified |
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| 1 | | copy
requested. If the requested record is not found, the | 2 | | State Registrar shall
furnish the applicant a | 3 | | certification attesting to that fact, if so
requested by | 4 | | the applicant. A further fee of $2 shall be required for | 5 | | each
additional certification that no record has been | 6 | | found. The State Registrar of Vital Records shall also make | 7 | | it known to the applicant of the option to donate $1 per | 8 | | record. The donation shall be deposited into the Department | 9 | | of Children and Family Services Special Purposes Trust Fund | 10 | | for the purposes of enabling and encouraging improvements | 11 | | in child welfare and child protection practices and | 12 | | services.
| 13 | | Any local registrar or county clerk shall search the | 14 | | files of birth,
death and fetal death records, upon receipt | 15 | | of a written request from any
applicant entitled to such | 16 | | search. If upon search the record requested
is found, such | 17 | | local registrar or county clerk shall furnish the applicant
| 18 | | one certification or certified copy of such record, under | 19 | | the seal of such
office, upon payment of the applicable | 20 | | fees. If the requested record is not
found, the local | 21 | | registrar or county
clerk shall furnish the applicant a | 22 | | certification attesting to that fact, if so
requested by | 23 | | the applicant and upon payment of applicable fee. The local
| 24 | | registrar or county clerk must charge a $2 fee for each | 25 | | certified copy of a
death certificate. The fee is in | 26 | | addition to any other fees that are charged
by the local |
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| 1 | | registrar or county clerk. The additional fees must be
| 2 | | transmitted
to the State Registrar monthly and deposited | 3 | | into the Death Certificate
Surcharge Fund.
The local | 4 | | registrar or county clerk may charge fees
for providing | 5 | | other services for which the State Registrar may charge | 6 | | fees
under this
Section. The local registrar or county | 7 | | clerk shall also make it known to the applicant of the | 8 | | option to donate $1 per record. The donation shall be | 9 | | deposited into the Department of Children and Family | 10 | | Services Special Purposes Trust Fund for the purposes of | 11 | | enabling and encouraging improvements in child welfare and | 12 | | child protection practices and services.
| 13 | | A request to any custodian of vital records for a | 14 | | search of the death
record indexes for genealogical | 15 | | research shall require a fee of $10 per name
for a 5 year | 16 | | search. An additional fee of $1 for each additional year | 17 | | searched
shall be required. If the requested record is | 18 | | found, one uncertified copy
shall be issued without | 19 | | additional charge.
| 20 | | Any fee received by the State Registrar pursuant to | 21 | | this Section which
is of an insufficient amount may be | 22 | | returned by the State Registrar upon
his recording the | 23 | | receipt of such fee and the reason for its return. The
| 24 | | State Registrar is authorized to maintain a 2 signature, | 25 | | revolving checking
account with a suitable commercial bank | 26 | | for the purpose of depositing and
withdrawing-for-return |
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| 1 | | cash received and determined insufficient for the
service | 2 | | requested.
| 3 | | No fee imposed under this Section may be assessed | 4 | | against an organization
chartered by Congress that | 5 | | requests a certificate for the purpose of death
| 6 | | verification.
| 7 | | Any custodian of vital records, whether it may be the | 8 | | Department of Public Health, a local registrar, or a county | 9 | | clerk shall charge an additional $2 for each certified copy | 10 | | of a death certificate and that additional fee shall be | 11 | | collected on behalf of the Department of Financial and | 12 | | Professional Regulation for deposit into the Cemetery | 13 | | Oversight Licensing and Disciplinary Fund. | 14 | | (2) The certification of birth may contain only the | 15 | | name, sex,
date of birth, and place of birth, of the person | 16 | | to whom it relates, the
name, age and birthplace of the | 17 | | parents, and
the file number; and none of the other data on | 18 | | the certificate of birth
except as authorized under | 19 | | subsection (5) of this Section.
| 20 | | (3) The certification of death shall contain only the | 21 | | name, Social
Security Number, sex,
date of death, and place | 22 | | of death of the person to whom it relates, and
file number; | 23 | | and none of the other data on the certificate of death
| 24 | | except as authorized under subsection (5) of this Section.
| 25 | | (4) Certification or a certified copy of a certificate | 26 | | shall be issued:
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| 1 | | (a) Upon the order of a court of competent | 2 | | jurisdiction; or
| 3 | | (b) In case of a birth certificate, upon the | 4 | | specific written
request for a certification or | 5 | | certified copy by the person, if of legal
age, by a | 6 | | parent or other legal representative of the person to | 7 | | whom the
record of birth relates, or by a person having | 8 | | a genealogical interest; or
| 9 | | (c) Upon the specific written request for a | 10 | | certification or certified
copy by a department of the | 11 | | state or a municipal corporation or the federal
| 12 | | government; or
| 13 | | (c-1) Upon the specific written request for a | 14 | | certification or certified
copy by a State's Attorney | 15 | | for the purpose of a criminal prosecution; or | 16 | | (d) In case of a death or fetal death certificate, | 17 | | upon specific
written request for a certified copy by a | 18 | | person, or his duly authorized
agent, having a | 19 | | genealogical, personal or property right interest in
| 20 | | the record.
| 21 | | A genealogical interest shall be a proper purpose with | 22 | | respect to
births which occurred not less than 75 years and | 23 | | deaths which occurred not
less than 20 years prior to the | 24 | | date of written request. Where the purpose
of the request | 25 | | is a genealogical interest, the custodian shall stamp the
| 26 | | certification or copy with the words, FOR GENEALOGICAL |
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| 1 | | PURPOSES ONLY.
| 2 | | (5) Any certification or certified copy issued | 3 | | pursuant to this
Section shall show the date of | 4 | | registration; and copies issued from
records marked | 5 | | "delayed," "amended," or "court order" shall be similarly
| 6 | | marked and show the effective date.
| 7 | | (6) Any certification or certified copy of a | 8 | | certificate issued in
accordance with this Section shall be | 9 | | considered as prima facie evidence
of the facts therein | 10 | | stated, provided that the evidentiary value of a
| 11 | | certificate or record filed more than one year after the | 12 | | event, or a
record which has been amended, shall be | 13 | | determined by the judicial or
administrative body or | 14 | | official before whom the certificate is offered
as | 15 | | evidence.
| 16 | | (7) Any certification or certified copy issued | 17 | | pursuant to this
Section shall be issued without charge | 18 | | when the record is required by
the United States Veterans | 19 | | Administration or by any accredited veterans
organization | 20 | | to be used in determining the eligibility of any person to
| 21 | | participate in benefits available from such organization. | 22 | | Requests for
such copies must be in accordance with | 23 | | Sections 1 and 2 of "An Act to
provide for the furnishing | 24 | | of copies of public documents to interested
parties," | 25 | | approved May 17, 1935, as now or hereafter amended.
| 26 | | (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 | 12 | | be 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 | 16 | | of any or every child whose birth has
been registered in | 17 | | accordance with the provisions of this Act, a special
| 18 | | notice 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 | 26 | | may be used
in place of such certification and such |
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| 1 | | computer print-out shall have the
same legal force and | 2 | | effect as a certified copy of the document.
| 3 | | (13) The State Registrar may verify from the | 4 | | information contained in
the index maintained by the State | 5 | | Registrar the authenticity of information
on births, | 6 | | deaths, marriages and dissolution of marriages provided to | 7 | | a
federal agency or a public agency of another state by a | 8 | | person seeking
benefits or employment from the agency, | 9 | | provided the agency pays a fee of $10.
| 10 | | (14) The State Registrar may issue commemorative birth | 11 | | certificates to
persons eligible to receive birth | 12 | | certificates under this Section upon the
payment of a fee | 13 | | to be determined by the State Registrar.
| 14 | | (Source: P.A. 99-95, eff. 7-21-15.)
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