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Public Act 100-0724
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| SB3004 Enrolled | LRB100 18182 MJP 33380 b |
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AN ACT concerning health.
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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
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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 (1) 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, or (2) placed on |
aftercare release under the Juvenile Court Act of 1987, |
upon release on parole, mandatory supervised release, |
final discharge, or pardon from the Department of Juvenile |
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Justice if the person presents a prescribed verification |
form completed by the Department of Juvenile Justice |
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 (1) 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, or (2) placed on |
aftercare release under the Juvenile Court Act of 1987, |
upon release on parole, mandatory supervised release, |
final discharge, or pardon from the Department of Juvenile |
Justice if the person presents a prescribed verification |
form completed by the Department of Juvenile Justice |
verifying the 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 |
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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.
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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
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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
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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 |
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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
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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.
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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
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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 |
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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.
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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
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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 |
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certification or certified
copy by a department of the |
state or a municipal corporation or the federal
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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 |
(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
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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
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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 |
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stated, provided that the evidentiary value of a
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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
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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.
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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 |
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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
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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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