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91_HB1864eng HB1864 Engrossed LRB9103090MWgc 1 AN ACT concerning fees for death certificates, amending 2 named Acts. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Vital Records Act is amended by changing 6 Section 25 and adding Section 25.5 as follows: 7 (410 ILCS 535/25) (from Ch. 111 1/2, par. 73-25) 8 Sec. 25. In accordance with Section 24 of this Act, and 9 the regulations adopted pursuant thereto: 10 (1) The State Registrar of Vital Records shall search 11 the files of birth, death, and fetal death records, upon 12 receipt of a written request and a fee of $10 from any 13 applicant entitled to such search. A search fee shall not be 14 required for commemorative birth certificates issued by the 15 State Registrar. If, upon search, the record requested is 16 found, the State Registrar shall furnish the applicant one 17 certification of such record, under the seal of such office. 18 If the request is for a certified copy of the record an 19 additional fee of $5 shall be required. If the request is 20 for a certified copy of a death certificate or a fetal death 21 certificate, an additional fee of $2 is required. The 22 additional fee shall be deposited into the Death Certificate 23 Surcharge Fund. A further fee of $2 shall be required for 24 each additional certification or certified copy requested. 25 If the requested record is not found, the State Registrar 26 shall furnish the applicant a certification attesting to that 27 fact, if so requested by the applicant. A further fee of $2 28 shall be required for each additional certification that no 29 record has been found. 30 Any local registrar or county clerk shall search the 31 files of birth, death and fetal death records, upon receipt HB1864 Engrossed -2- LRB9103090MWgc 1 of a written request from any applicant entitled to such 2 search. If upon search the record requested is found, such 3 local registrar or county clerk shall furnish the applicant 4 one certification or certified copy of such record, under the 5 seal of such office. If the requested record is not found, 6 the local registrar or county clerk shall furnish the 7 applicant a certification attesting to that fact, if so 8 requested by the applicant. The local registrar or county 9 clerk may charge fees for providing services for which the 10 State Registrar may charge fees under this Section, except 11 that such fees may not exceed the fees charged by the State 12 Registrar. 13 A request to any custodian of vital records for a search 14 of the death record indexes for genealogical research shall 15 require a fee of $10 per name for a 5 year search. An 16 additional fee of $1 for each additional year searched shall 17 be required. If the requested record is found, one 18 uncertified copy shall be issued without additional charge. 19 Any fee received by the State Registrar pursuant to this 20 Section which is of an insufficient amount may be returned by 21 the State Registrar upon his recording the receipt of such 22 fee and the reason for its return. The State Registrar is 23 authorized to maintain a 2 signature, revolving checking 24 account with a suitable commercial bank for the purpose of 25 depositing and withdrawing-for-return cash received and 26 determined insufficient for the service requested. 27 (2) The certification of birth may contain only the 28 name, sex, date of birth, and place of birth, of the person 29 to whom it relates, the name, age and birthplace of the 30 parents, and the file number; and none of the other data on 31 the certificate of birth except as authorized under 32 subsection (5) of this Section. 33 (3) The certification of death shall contain only the 34 name, Social Security Number, sex, date of death, and place HB1864 Engrossed -3- LRB9103090MWgc 1 of death of the person to whom it relates, and file number; 2 and none of the other data on the certificate of death except 3 as authorized under subsection (5) of this Section. 4 (4) Certification or a certified copy of a certificate 5 shall be issued: 6 (a) Upon the order of a court of competent 7 jurisdiction; or 8 (b) In case of a birth certificate, upon the 9 specific written request for a certification or certified 10 copy by the person, if of legal age, by a parent or other 11 legal representative of the person to whom the record of 12 birth relates, or by a person having a genealogical 13 interest; or 14 (c) Upon the specific written request for a 15 certification or certified copy by a department of the 16 state or a municipal corporation or the federal 17 government; or 18 (d) In case of a death or fetal death certificate, 19 upon specific written request for a certified copy by a 20 person, or his duly authorized agent, having a 21 genealogical, personal or property right interest in the 22 record. 23 A genealogical interest shall be a proper purpose with 24 respect to births which occurred not less than 75 years and 25 deaths which occurred not less than 20 years prior to the 26 date of written request. Where the purpose of the request is 27 a genealogical interest, the custodian shall stamp the 28 certification or copy with the words, FOR GENEALOGICAL 29 PURPOSES ONLY. 30 (5) Any certification or certified copy issued pursuant 31 to this Section shall show the date of registration; and 32 copies issued from records marked "delayed," "amended," or 33 "court order" shall be similarly marked and show the 34 effective date. HB1864 Engrossed -4- LRB9103090MWgc 1 (6) Any certification or certified copy of a certificate 2 issued in accordance with this Section shall be considered as 3 prima facie evidence of the facts therein stated, provided 4 that the evidentiary value of a certificate or record filed 5 more than one year after the event, or a record which has 6 been amended, shall be determined by the judicial or 7 administrative body or official before whom the certificate 8 is offered as evidence. 9 (7) Any certification or certified copy issued pursuant 10 to this Section shall be issued without charge when the 11 record is required by the United States Veterans 12 Administration or by any accredited veterans organization to 13 be used in determining the eligibility of any person to 14 participate in benefits available from such organization. 15 Requests for such copies must be in accordance with Sections 16 1 and 2 of "An Act to provide for the furnishing of copies of 17 public documents to interested parties," approved May 17, 18 1935, as now or hereafter amended. 19 (8) The National Vital Statistics Division, or any 20 agency which may be substituted therefor, may be furnished 21 such copies or data as it may require for national 22 statistics; provided that the State shall be reimbursed for 23 the cost of furnishing such data; and provided further that 24 such data shall not be used for other than statistical 25 purposes by the National Vital Statistics Division, or any 26 agency which may be substituted therefor, unless so 27 authorized by the State Registrar of Vital Records. 28 (9) Federal, State, local, and other public or private 29 agencies may, upon request, be furnished copies or data for 30 statistical purposes upon such terms or conditions as may be 31 prescribed by the Department. 32 (10) The State Registrar of Vital Records, at his 33 discretion and in the interest of promoting registration of 34 births, may issue, without fee, to the parents or guardian of HB1864 Engrossed -5- LRB9103090MWgc 1 any or every child whose birth has been registered in 2 accordance with the provisions of this Act, a special notice 3 of registration of birth. 4 (11) No person shall prepare or issue any certificate 5 which purports to be an original, certified copy, or 6 certification of a certificate of birth, death, or fetal 7 death, except as authorized in this Act or regulations 8 adopted hereunder. 9 (12) A computer print-out of any record of birth, death 10 or fetal record that may be certified under this Section may 11 be used in place of such certification and such computer 12 print-out shall have the same legal force and effect as a 13 certified copy of the document. 14 (13) The State Registrar may verify from the information 15 contained in the index maintained by the State Registrar the 16 authenticity of information on births, deaths, marriages and 17 dissolution of marriages provided to a federal agency or a 18 public agency of another state by a person seeking benefits 19 or employment from the agency, provided the agency pays a fee 20 of $10. 21 (14) The State Registrar may issue commemorative birth 22 certificates to persons eligible to receive birth 23 certificates under this Section upon the payment of a fee to 24 be determined by the State Registrar. 25 (Source: P.A. 90-144, eff. 7-23-97.) 26 (410 ILCS 535/25.5 new) 27 Sec. 25.5. Death Certificate Surcharge Fund. The 28 additional $2 fee for certified copies of death certificates 29 and fetal death certificates must be deposited into the Death 30 Certificate Surcharge Fund, a special fund created in the 31 State treasury. Moneys in the Fund, subject to 32 appropriations, may be used as follows: (i) 25% by the 33 Illinois Law Enforcement Training and Standards Board for the HB1864 Engrossed -6- LRB9103090MWgc 1 purpose of training coroners, (ii) 25% by the Illinois 2 Necropsy Board for equipment and lab facilities, (iii) 25% by 3 the Department of Public Health for the purpose of setting up 4 a statewide database of death certificates, and (iv) 25% for 5 a grant by the Department of Public Health to the Cook County 6 Health Department. 7 Section 95. The State Finance Act is amended by adding 8 Section 5.490 as follows: 9 (30 ILCS 105/5.490 new) 10 Sec. 5.490. The Death Certificate Surcharge Fund. 11 Section 99. Effective date. This Act takes effect upon 12 becoming law.