Public Act 100-0042
 
SB1413 EnrolledLRB100 05878 MJP 15904 b


  
    AN ACT concerning health.
  
 
    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. A search fee shall not be required for 
    a birth record search from a person upon release on parole, 
    mandatory supervised release, final discharge, or pardon 
    from the Department of Corrections if the person presents a 
    prescribed verification form completed by the Department 
    of Corrections verifying the person's date of birth and 
    social security number; however, the person is entitled to 
    only one search fee waiver. 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. An 
    additional fee for a certified copy of the record shall not 
    be required from a person upon release on parole, mandatory 
    supervised release, final discharge, or pardon from the 
    Department of Corrections if the person presents a 
    prescribed verification form completed by the Department 
    of Corrections verifying the released person's date of 
    birth and social security number; however, the person is 
    entitled to only one certified copy fee waiver.  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. 99-95, eff. 7-21-15.)