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| Public Act 099-0095 | ||||
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AN ACT concerning vital records.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Vital Records Act is amended by changing | ||||
Section 25 as follows:
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(410 ILCS 535/25) (from Ch. 111 1/2, par. 73-25)
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Sec. 25. In accordance with Section 24 of this Act, and the
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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
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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
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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.
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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
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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
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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.
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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.
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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
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account with a suitable commercial bank for the purpose of | ||
depositing and
withdrawing-for-return cash received and | ||
determined insufficient for the
service requested.
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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.
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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
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the file number; and none of the other data on the certificate | ||
of birth
except as authorized under subsection (5) of this | ||
Section.
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(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.
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(4) Certification or a certified copy of a certificate | ||
shall be issued:
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(a) Upon the order of a court of competent | ||
jurisdiction; or
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(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
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(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
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(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
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(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.
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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
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certification or copy with the words, FOR GENEALOGICAL PURPOSES | ||
ONLY.
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(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.
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(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.
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(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
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parties," approved May 17, 1935, as now or hereafter amended.
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(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.
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(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.
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(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.
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(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.
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(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.
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(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.
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(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.
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(Source: P.A. 97-679, eff. 2-6-12.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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