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| [ Introduced ] | [ Enrolled ] | [ House Amendment 001 ] |
| [ House Amendment 002 ] |
92_HB3054eng HB3054 Engrossed LRB9205497MWpc 1 AN ACT concerning death registrations. 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 adding 5 Section 18.5 and changing Sections 25 and 25.5 as follows: 6 (410 ILCS 535/18.5 new) 7 Sec. 18.5. Electronic reporting system for death 8 registrations. The State Registrar may facilitate death 9 registration by implementing an electronic reporting system. 10 The system may be used to transfer information to individuals 11 and institutions responsible for completing and filing 12 certificates and related reports for deaths that occur in the 13 State. The system shall be capable of storing and retrieving 14 accurate and timely data and statistics for those persons and 15 agencies responsible for vital records registration and 16 administration. 17 (410 ILCS 535/25) (from Ch. 111 1/2, par. 73-25) 18 Sec. 25. In accordance with Section 24 of this Act, and 19 the regulations adopted pursuant thereto: 20 (1) The State Registrar of Vital Records shall search 21 the files of birth, death, and fetal death records, upon 22 receipt of a written request and a fee of $10 from any 23 applicant entitled to such search. A search fee shall not be 24 required for commemorative birth certificates issued by the 25 State Registrar. If, upon search, the record requested is 26 found, the State Registrar shall furnish the applicant one 27 certification of such record, under the seal of such office. 28 If the request is for a certified copy of the record an 29 additional fee of $5 shall be required. If the request is 30 for a certified copy of a death certificate or a fetal death HB3054 Engrossed -2- LRB9205497MWpc 1 certificate, an additional fee of $2 is required. The 2 additional fee shall be deposited into the Death Certificate 3 Surcharge Fund. A further fee of $2 shall be required for 4 each additional certification or certified copy requested. 5 If the requested record is not found, the State Registrar 6 shall furnish the applicant a certification attesting to that 7 fact, if so requested by the applicant. A further fee of $2 8 shall be required for each additional certification that no 9 record has been found. 10 Any local registrar or county clerk shall search the 11 files of birth, death and fetal death records, upon receipt 12 of a written request from any applicant entitled to such 13 search. If upon search the record requested is found, such 14 local registrar or county clerk shall furnish the applicant 15 one certification or certified copy of such record, under the 16 seal of such office, upon payment of the applicable fees. If 17 the requested record is not found, the local registrar or 18 county clerk shall furnish the applicant a certification 19 attesting to that fact, if so requested by the applicant and 20 upon payment of applicable fee. The local registrar or 21 county clerk must charge a $2 fee for each certified copy of 22 a death certificate. The fee is in addition to any other 23 fees that are charged by the local registrar or county clerk. 24 The additional fees must be transmitted to the State 25 Registrar monthly and deposited into the Death Certificate 26 Surcharge Fund. The local registrar or county clerk may 27 charge fees for providing other services for which the State 28 Registrar may charge fees under this Section, except that29such fees may not exceed the fees charged by the State30Registrar. 31 A request to any custodian of vital records for a search 32 of the death record indexes for genealogical research shall 33 require a fee of $10 per name for a 5 year search. An 34 additional fee of $1 for each additional year searched shall HB3054 Engrossed -3- LRB9205497MWpc 1 be required. If the requested record is found, one 2 uncertified copy shall be issued without additional charge. 3 Any fee received by the State Registrar pursuant to this 4 Section which is of an insufficient amount may be returned by 5 the State Registrar upon his recording the receipt of such 6 fee and the reason for its return. The State Registrar is 7 authorized to maintain a 2 signature, revolving checking 8 account with a suitable commercial bank for the purpose of 9 depositing and withdrawing-for-return cash received and 10 determined insufficient for the service requested. 11 No fee imposed under this Section may be assessed against 12 an organization chartered by Congress that requests a 13 certificate for the purpose of death verification. 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 except 24 as authorized under subsection (5) of this Section. 25 (4) Certification or a certified copy of a certificate 26 shall be issued: 27 (a) Upon the order of a court of competent 28 jurisdiction; or 29 (b) In case of a birth certificate, upon the 30 specific written request for a certification or certified 31 copy by the person, if of legal age, by a parent or other 32 legal representative of the person to whom the record of 33 birth relates, or by a person having a genealogical 34 interest; or HB3054 Engrossed -4- LRB9205497MWpc 1 (c) Upon the specific written request for a 2 certification or certified copy by a department of the 3 state or a municipal corporation or the federal 4 government; or 5 (d) In case of a death or fetal death certificate, 6 upon specific written request for a certified copy by a 7 person, or his duly authorized agent, having a 8 genealogical, personal or property right interest in the 9 record. 10 A genealogical interest shall be a proper purpose with 11 respect to births which occurred not less than 75 years and 12 deaths which occurred not less than 20 years prior to the 13 date of written request. Where the purpose of the request is 14 a genealogical interest, the custodian shall stamp the 15 certification or copy with the words, FOR GENEALOGICAL 16 PURPOSES ONLY. 17 (5) Any certification or certified copy issued pursuant 18 to this Section shall show the date of registration; and 19 copies issued from records marked "delayed," "amended," or 20 "court order" shall be similarly marked and show the 21 effective date. 22 (6) Any certification or certified copy of a certificate 23 issued in accordance with this Section shall be considered as 24 prima facie evidence of the facts therein stated, provided 25 that the evidentiary value of a certificate or record filed 26 more than one year after the event, or a record which has 27 been amended, shall be determined by the judicial or 28 administrative body or official before whom the certificate 29 is offered as evidence. 30 (7) Any certification or certified copy issued pursuant 31 to this Section shall be issued without charge when the 32 record is required by the United States Veterans 33 Administration or by any accredited veterans organization to 34 be used in determining the eligibility of any person to HB3054 Engrossed -5- LRB9205497MWpc 1 participate in benefits available from such organization. 2 Requests for such copies must be in accordance with Sections 3 1 and 2 of "An Act to provide for the furnishing of copies of 4 public documents to interested parties," approved May 17, 5 1935, as now or hereafter amended. 6 (8) The National Vital Statistics Division, or any 7 agency which may be substituted therefor, may be furnished 8 such copies or data as it may require for national 9 statistics; provided that the State shall be reimbursed for 10 the cost of furnishing such data; and provided further that 11 such data shall not be used for other than statistical 12 purposes by the National Vital Statistics Division, or any 13 agency which may be substituted therefor, unless so 14 authorized by the State Registrar of Vital Records. 15 (9) Federal, State, local, and other public or private 16 agencies may, upon request, be furnished copies or data for 17 statistical purposes upon such terms or conditions as may be 18 prescribed by the Department. 19 (10) The State Registrar of Vital Records, at his 20 discretion and in the interest of promoting registration of 21 births, may issue, without fee, to the parents or guardian of 22 any or every child whose birth has been registered in 23 accordance with the provisions of this Act, a special notice 24 of registration of birth. 25 (11) No person shall prepare or issue any certificate 26 which purports to be an original, certified copy, or 27 certification of a certificate of birth, death, or fetal 28 death, except as authorized in this Act or regulations 29 adopted hereunder. 30 (12) A computer print-out of any record of birth, death 31 or fetal record that may be certified under this Section may 32 be used in place of such certification and such computer 33 print-out shall have the same legal force and effect as a 34 certified copy of the document. HB3054 Engrossed -6- LRB9205497MWpc 1 (13) The State Registrar may verify from the information 2 contained in the index maintained by the State Registrar the 3 authenticity of information on births, deaths, marriages and 4 dissolution of marriages provided to a federal agency or a 5 public agency of another state by a person seeking benefits 6 or employment from the agency, provided the agency pays a fee 7 of $10. 8 (14) The State Registrar may issue commemorative birth 9 certificates to persons eligible to receive birth 10 certificates under this Section upon the payment of a fee to 11 be determined by the State Registrar. 12 (Source: P.A. 90-144, eff. 7-23-97; 91-382, eff. 7-30-99.) 13 (410 ILCS 535/25.5) 14 Sec. 25.5. Death Certificate Surcharge Fund. The 15 additional $2 fee for certified copies of death certificates 16 and fetal death certificates must be deposited into the Death 17 Certificate Surcharge Fund, a special fund created in the 18 State treasury. Beginning 30 days after the effective date 19 of this amendatory Act of the 92nd General Assembly and until 20 January 1, 2003, moneys in the Fund, subject to 21 appropriation, may be used by the Department for the purpose 22 of implementing an electronic reporting system for death 23 registrations as provided in Section 18.5 of this Act. 24 Before the effective date of this amendatory Act of the 92nd 25 General Assembly and on and after January 1, 2003, moneys in 26 the Fund, subject to appropriations, may be used as follows: 27 (i) 25% by the Illinois Law Enforcement Trainingand28 Standards Board for the purpose of training coroners, deputy 29 coroners, forensic pathologists, and police officers for 30 homicide investigations, (ii) 25% by the Illinois Necropsy 31 Board for equipment and lab facilities for local county 32 coroners, (iii) 25% by the Department of Public Health for 33 the purpose of setting up a statewide database of death HB3054 Engrossed -7- LRB9205497MWpc 1 certificates and implementing an electronic reporting system 2 for death registrations pursuant to Section 18.5, and (iv) 3 25% for a grant by the Department of Public Health to local 4 registrarsthe Cook County Health Department. 5 (Source: P.A. 91-382, eff. 7-30-99; revised 2-23-00.) 6 Section 99. Effective date. This Act takes effect upon 7 becoming law.