Full Text of SB3035 99th General Assembly
SB3035eng 99TH GENERAL ASSEMBLY |
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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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