(410 ILCS 530/0.01) (from Ch. 40, par. 900)
Sec. 0.01.
Short title.
This Act may be cited as the
Marriage, Dissolution, and Invalidity Records Act.
(Source: P.A. 86-1324.)
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(410 ILCS 530/1) (from Ch. 40, par. 901)
Sec. 1.
The Department of Public Health has charge of the
registration of marriages, dissolutions of marriages and declarations of
invalidity of marriages in the
State. The Department has the authority and duty to
1. Install and maintain a state-wide system of registering,
indexing, and preserving records of marriage, dissolution of marriage and
declaration of invalidity of marriage;
2. Prescribe and furnish forms for collecting, transcribing,
compiling, and preserving the records and statistics of marriage,
dissolution of marriage and declaration of invalidity of marriage;
3. Make and publish a statistical report of the marriages, dissolutions
of marriages and declarations of invalidity of marriages in the State at least annually.
Forms relating to dissolution of marriage shall, among other things, show the age of
the individuals at the time of the marriage and at the time of the dissolution
of marriage.
Information required to be filed under this Act relates only to
marriages, dissolutions of marriages or declarations of invalidity of marriages
which occur on or after January 1, 1962.
(Source: P.A. 81-230.)
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(410 ILCS 530/2) (from Ch. 40, par. 902)
Sec. 2.
The Department may cause the records of marriage,
dissolution of marriage and declaration of invalidity of marriage
established under this Act to be reproduced on microfilm for permanent
retention. Such microfilm shall comply with the minimum standards of
quality approved for permanent photographic records by the National
Bureau of Standards and the device used to reproduce such records on
such film shall be one which accurately reproduces the original thereof
in all its details.
Such microfilm or a computer print-out copy thereof, as provided
herein shall be deemed to be an original record for all purposes,
including introduction in evidence in all courts or administrative
agencies. A transcript, exemplification, or certified copy thereof,
shall, for all purposes recited herein, be deemed to be a transcript,
exemplification, or certified copy of the original.
If the Department has records of marriage, divorce and annulment of
marriage on computer tape, certified computer print-outs of such records
shall have the same legal effect as certified copies of such documents
would have for all purposes.
Whenever such microfilm has been properly and permanently filed for
use and safekeeping, the Department may cause the original records from
which the microfilm reproduction was made to be destroyed.
The Department is authorized to furnish a copy of the microfilm or
computer print-out of the records relating to marriages, dissolutions of
marriages and declarations of invalidity of marriages in a particular
county to the Clerk of any court of that county, provided that this is
done without cost to the State.
The Department shall cause its records of marriage, dissolution of
marriage and declaration of invalidity of marriage to be permanently
preserved and safeguarded in its offices at Springfield. The Secretary
of State shall provide suitable quarters for the administration and the
permanent and safe preservation of all records returned to the
Department under this Act.
(Source: P.A. 81-230; 81-652; 81-1509.)
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(410 ILCS 530/3) (from Ch. 40, par. 903)
Sec. 3.
The Department shall search its files of records of
marriage, dissolution of marriage or declaration of invalidity of
marriage upon receipt of a written request and a fee of $5, and, if the
record is found, shall verify the fact of marriage, dissolution of
marriage or declaration of invalidity of marriage in writing to the
applicant, and shall notify the applicant of the place where the
original record is found, and that a certified copy thereof may be
obtained only from such office. The Department shall not furnish a
certified copy of the records filed with it under this Act except upon
order of a court or upon the request of the clerk of any court in this
State, in which event the Department shall furnish such certified copy
without charge.
Whenever a certified copy is obtainable under this Section a
certified computer print-out of such record shall have the same effect
as a certified copy of such document.
The Department may authorize the use of the records filed under this
Act and the information therein contained for any bona fide research
purpose in the public interest. The Department is authorized to furnish
information from, or transcripts of, its records to the United States
Government for national statistics of marriage, dissolution of marriage
and declaration of invalidity of marriage, provided that such is done
without cost to the State.
(Source: P.A. 83-100.)
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(410 ILCS 530/3.1) (from Ch. 40, par. 904)
Sec. 3.1.
The provisions of the Illinois Administrative Procedure Act are
hereby expressly adopted and shall apply to all administrative rules and
procedures of the Department of Public Health under this Act, except that
Section 5-35 of the Illinois Administrative Procedure Act relating to
procedures for rule-making does not apply to the adoption of any rule required
by federal law in connection with which the Department is precluded by law from
exercising any discretion.
(Source: P.A. 88-45.)
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