Public Act 099-0095
 
SB1688 EnrolledLRB099 00172 MRW 20173 b


  
    AN ACT concerning vital records.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. The Vital Records Act is amended  by changing 
Section 25 as follows:
 



    (410 ILCS 535/25)  (from Ch. 111 1/2, par. 73-25)



    Sec. 25. In accordance with Section 24 of this Act, and the

regulations adopted pursuant thereto:
    (1) The State Registrar of Vital Records shall search the 
files of birth,
death, and fetal death records, upon receipt of 
a written request and a fee
of $10 from any applicant entitled 
to such search.  A search fee shall not
be required for 
commemorative birth certificates issued by the State

Registrar. If, upon search, the record requested is found, the 
State
Registrar shall furnish the applicant one certification 
of such record,
under the seal of such office.  If the request 
is for a certified copy of
the record an additional fee of $5 
shall be required.  If the request is for
a certified copy of a 
death certificate or a fetal death certificate, an
additional 
fee of $2 is required.  The additional fee shall be deposited 
into
the Death Certificate Surcharge Fund.  A further fee of $2

shall be required for each additional certification or 
certified copy
requested.  If the requested record is not found, 
the State Registrar shall
furnish the applicant a certification 
attesting to that fact, if so
requested by the applicant.  A 
further fee of $2 shall be required for each
additional 
certification that no record has been found.

    Any local registrar or county clerk shall search the files 
of birth,
death and fetal death records, upon receipt of a 
written request from any
applicant entitled to such search.  If 
upon search the record requested
is found, such local registrar 
or county clerk shall furnish the applicant
one certification 
or certified copy of such record, under the seal of such

office, upon payment of the applicable fees. If the requested 
record is not
found, the local registrar or county
clerk shall 
furnish the applicant a certification attesting to that fact, 
if so
requested by the applicant and upon payment of applicable 
fee.  The local
registrar or county clerk must charge a $2 fee 
for each certified copy of a
death certificate.  The fee is in 
addition to any other fees that are charged
by the local 
registrar or county clerk.  The additional fees must be

transmitted
to the State Registrar monthly and deposited into 
the Death Certificate
Surcharge Fund.
The local registrar or 
county clerk may charge fees
for providing other services for 
which the State Registrar may charge fees
under this
Section.

    A request to any custodian of vital records for a search of 
the death
record indexes for genealogical research shall 
require a fee of $10 per name
for a 5 year search.  An 
additional fee of $1 for each additional year searched
shall be 
required.  If the requested record is found, one uncertified 
copy
shall be issued without additional charge.

    Any fee received by the State Registrar pursuant to this 
Section which
is of an insufficient amount may be returned by 
the State Registrar upon
his recording the receipt of such fee 
and the reason for its return.  The
State Registrar is 
authorized to maintain a 2 signature, revolving checking

account with a suitable commercial bank for the purpose of 
depositing and
withdrawing-for-return cash received and 
determined insufficient for the
service requested.

    No fee imposed under this Section may be assessed against 
an organization
chartered by Congress that requests a 
certificate for the purpose of death
verification.

    Any custodian of vital records, whether it may be the 
Department of Public Health, a local registrar, or a county 
clerk shall charge an additional $2 for each certified copy of 
a death certificate and that additional fee shall be collected 
on behalf of the Department of Financial and Professional 
Regulation for deposit into the Cemetery Oversight Licensing 
and Disciplinary Fund. 
    (2) The certification of birth may contain only the name, 
sex,
date of birth, and place of birth, of the person to whom 
it relates, the
name, age and birthplace of the parents, and

the file number; and none of the other data on the certificate 
of birth
except as authorized under subsection (5) of this 
Section.

    (3) The certification of death shall contain only the name, 
Social
Security Number, sex,
date of death, and place of death 
of the person to whom it relates, and
file number; and none of 
the other data on the certificate of death
except as authorized 
under subsection (5) of this Section.

    (4) Certification or a certified copy of a certificate 
shall be issued:


        (a) Upon the order of a court of competent 
    jurisdiction; or


        (b) In case of a birth certificate, upon the specific 
    written
request for a certification or certified copy by 
    the person, if of legal
age, by a parent or other legal 
    representative of the person to whom the
record of birth 
    relates, or by a person having a genealogical interest; or


        (c) Upon the specific written request for a 
    certification or certified
copy by a department of the 
    state or a municipal corporation or the federal
government; 
    or

        (c-1) Upon the specific written request for a 
    certification or certified
copy by a State's Attorney for 
    the purpose of a criminal prosecution; or 

        (d) In case of a death or fetal death certificate, upon 
    specific
written request for a certified copy by a person, 
    or his duly authorized
agent, having a genealogical, 
    personal or property right interest in
the record.

    A genealogical interest shall be a proper purpose with 
respect to
births which occurred not less than 75 years and 
deaths which occurred not
less than 20 years prior to the date 
of written request.  Where the purpose
of the request is a 
genealogical interest, the custodian shall stamp the

certification or copy with the words, FOR GENEALOGICAL PURPOSES 
ONLY.

    (5) Any certification or certified copy issued pursuant to 
this
Section shall show the date of registration; and copies 
issued from
records marked "delayed," "amended," or "court 
order" shall be similarly
marked and show the effective date.

    (6) Any certification or certified copy of a certificate 
issued in
accordance with this Section shall be considered as 
prima facie evidence
of the facts therein stated, provided that 
the evidentiary value of a
certificate or record filed more 
than one year after the event, or a
record which has been 
amended, shall be determined by the judicial or
administrative 
body or official before whom the certificate is offered
as 
evidence.

    (7) Any certification or certified copy issued pursuant to 
this
Section shall be issued without charge when the record is 
required by
the United States Veterans Administration or by any 
accredited veterans
organization to be used in determining the 
eligibility of any person to
participate in benefits available 
from such organization.  Requests for
such copies must be in 
accordance with Sections 1 and 2 of "An Act to
provide for the 
furnishing of copies of public documents to interested

parties," approved May 17, 1935, as now or hereafter amended.

    (8) The National Vital Statistics Division, or any agency 
which may
be substituted therefor, may be furnished such copies 
or data as it may
require for national statistics; provided 
that the State shall be
reimbursed for the cost of furnishing 
such data; and provided further
that such data shall not be 
used for other than statistical purposes by
the National Vital 
Statistics Division, or any agency which may be
substituted 
therefor, unless so authorized by the State Registrar of
Vital 
Records.

    (9) Federal, State, local, and other public or private 
agencies may,
upon request, be furnished copies or data for 
statistical purposes upon
such terms or conditions as may be 
prescribed by the Department.

    (10) The State Registrar of Vital Records, at his 
discretion and in
the interest of promoting registration of 
births, may issue, without
fee, to the parents or guardian of 
any or every child whose birth has
been registered in 
accordance with the provisions of this Act, a special
notice of 
registration of birth.

    (11) No person shall prepare or issue any certificate which 
purports
to be an original, certified copy, or certification of 
a certificate of
birth, death, or fetal death, except as 
authorized in this Act or
regulations adopted hereunder.

    (12) A computer print-out of any record of birth, death or 
fetal record
that may be certified under this Section may be 
used
in place of such certification and such computer print-out 
shall have the
same legal force and effect as a certified copy 
of the document.

    (13) The State Registrar may verify from the information 
contained in
the index maintained by the State Registrar the 
authenticity of information
on births, deaths, marriages and 
dissolution of marriages provided to a
federal agency or a 
public agency of another state by a person seeking
benefits or 
employment from the agency, provided the agency pays a fee of 
$10.

    (14) The State Registrar may issue commemorative birth 
certificates to
persons eligible to receive birth certificates 
under this Section upon the
payment of a fee to be determined 
by the State Registrar.

(Source: P.A. 97-679, eff. 2-6-12.)

 
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.