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Public Act 92-0141
HB3054 Enrolled LRB9205497MWpc
AN ACT concerning death registrations.
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 adding
Section 18.5 and changing Sections 25 and 25.5 as follows:
(410 ILCS 535/18.5 new)
Sec. 18.5. Electronic reporting system for death
registrations. The State Registrar may facilitate death
registration by implementing an electronic reporting system.
The system may be used to transfer information to individuals
and institutions responsible for completing and filing
certificates and related reports for deaths that occur in the
State. The system shall be capable of storing and retrieving
accurate and timely data and statistics for those persons and
agencies responsible for vital records registration and
administration.
(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, except that
such fees may not exceed the fees charged by the State
Registrar.
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.
(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
(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. 90-144, eff. 7-23-97; 91-382, eff. 7-30-99.)
(410 ILCS 535/25.5)
Sec. 25.5. Death Certificate Surcharge Fund. The
additional $2 fee for certified copies of death certificates
and fetal death certificates must be deposited into the Death
Certificate Surcharge Fund, a special fund created in the
State treasury. Beginning 30 days after the effective date
of this amendatory Act of the 92nd General Assembly and until
January 1, 2003, moneys in the Fund, subject to
appropriation, may be used by the Department for the purpose
of implementing an electronic reporting system for death
registrations as provided in Section 18.5 of this Act.
Before the effective date of this amendatory Act of the 92nd
General Assembly and on and after January 1, 2003, moneys in
the Fund, subject to appropriations, may be used as follows:
(i) 25% by the Illinois Law Enforcement Training and
Standards Board for the purpose of training coroners, deputy
coroners, forensic pathologists, and police officers for
homicide investigations, (ii) 25% by the Illinois Necropsy
Board for equipment and lab facilities for local county
coroners, (iii) 25% by the Department of Public Health for
the purpose of setting up a statewide database of death
certificates and implementing an electronic reporting system
for death registrations pursuant to Section 18.5, and (iv)
25% for a grant by the Department of Public Health to local
registrars the Cook County Health Department.
(Source: P.A. 91-382, eff. 7-30-99; revised 2-23-00.)
Section 99. Effective date. This Act takes effect upon
becoming law.
Passed in the General Assembly May 03, 2001.
Approved July 24, 2001.
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