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91_SB0547
LRB9104910DJcd
1 AN ACT concerning vital records, amending named Acts.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The State Finance Act is amended by adding
5 Sections 5.490 and 6z-43 as follows:
6 (30 ILCS 105/5.490 new)
7 Sec. 5.490. The Vital Records Automation Fund.
8 (30 ILCS 105/6z-43 new)
9 Sec. 6z-43. Vital Records Automation Fund. The Vital
10 Records Automation Fund is created as a special fund in the
11 State treasury. Moneys in the Fund shall be appropriated to
12 the Department of Public Health for the purpose of
13 preserving, maintaining, and automating the State's vital
14 records registration system, including but not limited to
15 developing an electronic reporting system for death
16 registrations as provided in Section 18.5 of the Vital
17 Records Act.
18 Section 10. The Vital Records Act is amended by changing
19 Sections 14, 17, 22, and 25 and adding Section 18.5 as
20 follows:
21 (410 ILCS 535/14) (from Ch. 111 1/2, par. 73-14)
22 Sec. 14. (1) Subject to the requirements that the
23 Department may prescribe, the birth of a person born in this
24 State, whose birth is not registered, may be recorded by
25 delayed registration in the manner prescribed below:
26 (a) When the birth occurred more than 3 days but less
27 than one year prior to the application for registration, the
28 birth may be registered on a certificate of live birth and be
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1 submitted for filing to the local registrar of the district
2 in which the birth occurred. The local registrar may accept
3 the certificate for filing when such evidence is submitted to
4 substantiate the facts of birth as is required by regulation.
5 (b) When the birth occurred more than one year but less
6 than 7 years prior to the application for registration, the
7 birth shall be registered on a form prescribed by the State
8 Registrar of Vital Records and shall be submitted to him for
9 filing. The State Registrar of Vital Records may accept the
10 certificate for filing when such evidence is submitted to
11 substantiate the facts of birth as is required by regulation.
12 Each certificate filed under this subsection shall be marked
13 "delayed".
14 (c) When the birth occurred more than 7 years prior to
15 the application for registration, the certificate of birth
16 shall be prepared on a form entitled "Delayed Record of
17 Birth". The information provided on such registration form
18 shall be subscribed and sworn to by the person whose birth is
19 to be registered before an official authorized to administer
20 oaths. When such person is not of legal age or is otherwise
21 not competent to swear to this information, it shall be
22 subscribed and sworn to by a parent, legal guardian, or other
23 legally designated representative of this person.
24 If the person whose birth is to be registered is
25 deceased, the information provided on such registration form
26 shall be subscribed and sworn to by a spouse or descendant of
27 such person. Such Delayed Record of Birth shall have the
28 word "Deceased" stamped on it.
29 (c-1) The form shall provide for the name and sex of the
30 person whose birth is to be registered, and place and date of
31 birth, and such other information as may be required by the
32 State Registrar of Vital Records. Each request for completing
33 the delayed registration shall be accompanied by a fee of $15
34 and entitles the applicant to one certification or certified
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1 copy of the delayed record of birth when completed. A fee of
2 $4 $2 shall be required for each additional certification or
3 certified copy requested at the time of filing. The original
4 delayed record of birth shall be filed with the State
5 Registrar of Vital Records. The State Registrar of Vital
6 Records shall accept the registration if the applicant was
7 born in this State and if the date and place of birth and
8 parentage are established to the satisfaction of the State
9 Registrar of Vital Records, as follows: The age or date of
10 birth and place of birth shall be supported by at least 2
11 documents, only one of which may be an affidavit of personal
12 knowledge. The names of the parents shall be supported by at
13 least one document, which may be one of the above documents.
14 Any document accepted as evidence, other than an affidavit of
15 personal knowledge, shall be at least 5 years old. A copy or
16 abstract of such document may be accepted if certified as
17 true and correct by the custodian of the document.
18 If the birth occurred prior to January 1, 1916, the
19 application for a delayed record of birth may be initially
20 filed with the county clerk of the county of birth, provided
21 that all requirements of the Department are met. Final
22 approval, however, rests with the State Registrar of Vital
23 Records.
24 (2) When the delayed record of birth is accepted, the
25 State Registrar of Vital Records shall enter on its face a
26 description of each document submitted in support of the
27 registration. He shall also record the filing date and affix
28 his signature as evidence of its acceptance as a legal
29 record. He may return any documents, other than affidavits,
30 submitted as evidence to the person or persons submitting
31 them. A complete and exact copy of each delayed record of
32 birth accepted by the State Registrar of Vital Records shall
33 be furnished by him to the official custodian of any
34 permanent local file containing other records of births
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1 occurring during the same year as that established in the
2 delayed record of birth.
3 (3) When the application does not contain documentation
4 in support of the birth facts, as required by this Section or
5 by regulation, or when the registration official finds reason
6 to question the validity or adequacy of the record or the
7 documentary evidence, the registration official shall not
8 accept the delayed registration of birth and shall advise the
9 applicant of the reasons for this action. In the event the
10 deficiencies are not corrected, the State Registrar of Vital
11 Records shall advise the applicant of his rights to appeal to
12 a court of competent jurisdiction under the provisions of
13 Section 15 of this Act.
14 (Source: P.A. 84-1480.)
15 (410 ILCS 535/17) (from Ch. 111 1/2, par. 73-17)
16 Sec. 17. (1) For a person born in this State, the State
17 Registrar of Vital Records shall establish a new certificate
18 of birth when he receives any of the following:
19 (a) A certificate of adoption as provided in
20 Section 16 or a certified copy of the order of adoption
21 together with the information necessary to identify the
22 original certificate of birth and to establish the new
23 certificate of birth; except that a new certificate of
24 birth shall not be established if so requested by the
25 court ordering the adoption, the adoptive parents, or the
26 adopted person.
27 (b) A certificate of adoption or a certified copy
28 of the order of adoption entered in a court of competent
29 jurisdiction of any other state or country declaring
30 adopted a child born in the State of Illinois, together
31 with the information necessary to identify the original
32 certificate of birth and to establish the new certificate
33 of birth; except that a new certificate of birth shall
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1 not be established if so requested by the court ordering
2 the adoption, the adoptive parents, or the adopted
3 person.
4 (c) A request that a new certificate be established
5 and such evidence as required by regulation proving that
6 such person has been legitimatized, or that the circuit
7 court, the Illinois Department of Public Aid, or a court
8 or administrative agency of any other state has
9 established the paternity of such a person by judicial or
10 administrative processes or by voluntary acknowledgment,
11 which is accompanied by the social security numbers of
12 all persons determined and presumed to be the parents.
13 (d) An affidavit by a physician that he has
14 performed an operation on a person, and that by reason of
15 the operation the sex designation on such person's birth
16 record should be changed. The State Registrar of Vital
17 Records may make any investigation or require any further
18 information he deems necessary.
19 Each request for a new certificate of birth shall be
20 accompanied by a fee of $15 and entitles the applicant to one
21 certification or certified copy of the new certificate. If
22 the request is for additional copies, it shall be accompanied
23 by a fee of $4 $2 for each additional certification or
24 certified copy.
25 (2) When a new certificate of birth is established, the
26 actual place and date of birth shall be shown; provided, in
27 the case of adoption of a person born in this State by
28 parents who were residents of this State at the time of the
29 birth of the adopted person, the place of birth may be shown
30 as the place of residence of the adoptive parents at the time
31 of such person's birth, if specifically requested by them,
32 and any new certificate of birth established prior to the
33 effective date of this amendatory Act may be corrected
34 accordingly if so requested by the adoptive parents or the
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1 adopted person when of legal age. The social security numbers
2 of the parents shall not be recorded on the certificate of
3 birth. The social security numbers may only be used for
4 purposes allowed under federal law. The new certificate shall
5 be substituted for the original certificate of birth:
6 (a) Thereafter, the original certificate and the
7 evidence of adoption, paternity, legitimation, or sex
8 change shall not be subject to inspection or
9 certification except upon order of the circuit court or
10 as provided by regulation.
11 (b) Upon receipt of notice of annulment of
12 adoption, the original certificate of birth shall be
13 restored to its place in the files, and the new
14 certificate and evidence shall not be subject to
15 inspection or certification except upon order of the
16 circuit court.
17 (3) If no certificate of birth is on file for the person
18 for whom a new certificate is to be established under this
19 Section, a delayed record of birth shall be filed with the
20 State Registrar of Vital Records as provided in Section 14 or
21 Section 15 of this Act before a new certificate of birth is
22 established, except that when the date and place of birth and
23 parentage have been established in the adoption proceedings,
24 a delayed record shall not be required.
25 (4) When a new certificate of birth is established by
26 the State Registrar of Vital Records, all copies of the
27 original certificate of birth in the custody of any custodian
28 of permanent local records in this State shall be transmitted
29 to the State Registrar of Vital Records as directed, and
30 shall be sealed from inspection.
31 (5) Nothing in this Section shall be construed to
32 prohibit the amendment of a birth certificate in accordance
33 with subsection (6) of Section 22.
34 (Source: P.A. 89-6, eff. 3-6-95; 89-257, eff. 1-1-96; 89-626,
-7- LRB9104910DJcd
1 eff. 8-9-96; 90-18, eff. 7-1-97.)
2 (410 ILCS 535/18.5 new)
3 Sec. 18.5. Electronic reporting system for death
4 registrations. The State Registrar may facilitate death
5 registration by implementing an electronic reporting system.
6 The system may be used to transfer information to individuals
7 and institutions responsible for completing and filing
8 certificates and related reports for deaths that occur in the
9 State. The system shall be interactive and capable of storing
10 and retrieving accurate and timely data and statistics for
11 those persons and agencies responsible for vital records
12 registration and for protecting the health, safety, and
13 welfare of the citizens of this State.
14 (410 ILCS 535/22) (from Ch. 111 1/2, par. 73-22)
15 Sec. 22. (1) A certificate or record filed under this
16 Act may be amended only in accordance with this Act and such
17 regulations as the Department may adopt to protect the
18 integrity of vital records. An application for an amendment
19 shall be accompanied by a fee of $15 which includes the
20 provision of one certification or certified copy of the
21 amended birth record. If the request is for additional
22 copies, it shall be accompanied by a fee of $4 $2 for each
23 additional certification or certified copy. Such amendments
24 may only be made in connection with the original certificates
25 and may not be made on copies of such certificates without
26 the approval of the State Registrar of Vital Records. The
27 provisions of this Section shall also be applicable to a
28 certificate or record filed under any former Act relating to
29 the registration of births, stillbirths, and deaths. Any
30 original certificate or record filed with the county clerk
31 prior to January 1, 1916, may be amended by the county clerk
32 under the same provisions of this Section, or regulations
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1 adopted pursuant thereto, as apply to the State Registrar of
2 Vital Records governing amendments to certificates or records
3 filed with the Department subsequent to December 31, 1915.
4 (2) A certificate that is amended under this Section
5 after its filing shall have the correction entered on its
6 face; shall clearly indicate that an amendment has been made;
7 and shall show the date of the amendment. A summary
8 description of the evidence submitted in support of an
9 amendment shall be permanently retained by the Department
10 either as an original record or in microphotographic form.
11 Documents from which such summary descriptions are made may
12 be returned by the Department to the person or persons
13 submitting them. The Department shall prescribe by
14 regulation the conditions under which, within one year after
15 the date of occurrence, additions or minor corrections may be
16 made without the certificate being considered amended.
17 (3) An amendment to a delayed birth registration
18 established under the provisions of Section 15 of this Act
19 may be made by the State Registrar of Vital Records only upon
20 the basis of an order from the court which originally
21 established the facts of birth.
22 (4) Upon receipt of a certified copy of a court order
23 changing the name or names of a person born in this State,
24 the official custodian shall amend the original certificate
25 of birth to reflect the changes.
26 (5) (Blank).
27 (6) When the paternity of a child with a certificate of
28 birth on file in this State is established through voluntary
29 acknowledgment or by a court or administrative agency under
30 the laws of this or any other state, the State Registrar of
31 Vital Records shall amend the original record accordingly,
32 upon notification from a circuit court of this State or the
33 Illinois Department of Public Aid, or upon receipt of a
34 certified copy of another state's acknowledgment or judicial
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1 or administrative determination of paternity.
2 (7) Notwithstanding any other provision of this Act, if
3 an adopted person applies in accordance with this Section for
4 the amendment of the name on his or her birth certificate,
5 the State Registrar shall amend the birth certificate if the
6 person provides documentation or other evidence supporting
7 the application that would be deemed sufficient if the
8 documentation or evidence had been submitted in support of an
9 application by a person who has not been adopted.
10 (8) When paternity has been established after the birth
11 in accordance with Section 12, the State Registrar of Vital
12 Records shall amend the original record accordingly.
13 (9) Upon application by the parents not later than one
14 year after an acknowledgment of parentage under this Act or
15 the Illinois Public Aid Code or a judicial or administrative
16 determination or establishment of paternity or parentage, the
17 State Registrar of Vital Records shall amend the child's name
18 on the child's certificate of birth in accordance with the
19 application. No more than one application to change a
20 child's name may be made under this subsection (9).
21 (10) When a certificate is amended by the State
22 Registrar of Vital Records under this Section, the State
23 Registrar of Vital Records shall furnish a copy of the
24 summary description to the custodian of any permanent local
25 records and such records shall be amended accordingly.
26 (Source: P.A. 89-6, eff. 3-6-95; 89-257, eff. 1-1-96; 89-626,
27 eff. 8-9-96; 89-641, eff. 8-9-96; 90-18, eff. 7-1-97.)
28 (410 ILCS 535/25) (from Ch. 111 1/2, par. 73-25)
29 Sec. 25. In accordance with Section 24 of this Act, and
30 the regulations adopted pursuant thereto:
31 (1) The State Registrar of Vital Records shall search
32 the files of birth, death, and fetal death records, upon
33 receipt of a written request and a fee of $10 from any
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1 applicant entitled to such search. A search fee shall not be
2 required for commemorative birth certificates issued by the
3 State Registrar. If, upon search, the record requested is
4 found, the State Registrar shall furnish the applicant one
5 certification of such record, under the seal of such office.
6 If the request is for a certified copy of the record an
7 additional fee of $5 shall be required. A further fee of $4
8 $2 shall be required for each additional certification or
9 certified copy requested. If the requested record is not
10 found, the State Registrar shall furnish the applicant a
11 certification attesting to that fact, if so requested by the
12 applicant. A further fee of $4 $2 shall be required for each
13 additional certification that no record has been found. For
14 each certification or certified copy issued by the State
15 Registrar, $1 of the fee collected shall be deposited into
16 the Vital Records Automation Fund.
17 Any local registrar or county clerk shall search the
18 files of birth, death and fetal death records, upon receipt
19 of a written request from any applicant entitled to such
20 search. If upon search the record requested is found, such
21 local registrar or county clerk shall furnish the applicant
22 one certification or certified copy of such record, under the
23 seal of such office. If the requested record is not found,
24 the local registrar or county clerk shall furnish the
25 applicant a certification attesting to that fact, if so
26 requested by the applicant. The local registrar or county
27 clerk may charge fees for providing services for which the
28 State Registrar may charge fees under this Section, except
29 that such fees may not exceed the fees charged by the State
30 Registrar. For each certified copy issued by a local
31 registrar or county clerk, $1 of the fee collected shall be
32 deposited into the Vital Records Automation Fund.
33 A request to any custodian of vital records for a search
34 of the death record indexes for genealogical research shall
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1 require a fee of $10 per name for a 5 year search. An
2 additional fee of $1 for each additional year searched shall
3 be required. If the requested record is found, one
4 uncertified copy shall be issued without additional charge.
5 Any fee received by the State Registrar pursuant to this
6 Section which is of an insufficient amount may be returned by
7 the State Registrar upon his recording the receipt of such
8 fee and the reason for its return. The State Registrar is
9 authorized to maintain a 2 signature, revolving checking
10 account with a suitable commercial bank for the purpose of
11 depositing and withdrawing-for-return cash received and
12 determined insufficient for the service requested.
13 (2) The certification of birth may contain only the
14 name, sex, date of birth, and place of birth, of the person
15 to whom it relates, the name, age and birthplace of the
16 parents, and the file number; and none of the other data on
17 the certificate of birth except as authorized under
18 subsection (5) of this Section.
19 (3) The certification of death shall contain only the
20 name, Social Security Number, sex, date of death, and place
21 of death of the person to whom it relates, and file number;
22 and none of the other data on the certificate of death except
23 as authorized under subsection (5) of this Section.
24 (4) Certification or a certified copy of a certificate
25 shall be issued:
26 (a) Upon the order of a court of competent
27 jurisdiction; or
28 (b) In case of a birth certificate, upon the
29 specific written request for a certification or certified
30 copy by the person, if of legal age, by a parent or other
31 legal representative of the person to whom the record of
32 birth relates, or by a person having a genealogical
33 interest; or
34 (c) Upon the specific written request for a
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1 certification or certified copy by a department of the
2 state or a municipal corporation or the federal
3 government; or
4 (d) In case of a death or fetal death certificate,
5 upon specific written request for a certified copy by a
6 person, or his duly authorized agent, having a
7 genealogical, personal or property right interest in the
8 record.
9 A genealogical interest shall be a proper purpose with
10 respect to births which occurred not less than 75 years and
11 deaths which occurred not less than 20 years prior to the
12 date of written request. Where the purpose of the request is
13 a genealogical interest, the custodian shall stamp the
14 certification or copy with the words, FOR GENEALOGICAL
15 PURPOSES ONLY.
16 (5) Any certification or certified copy issued pursuant
17 to this Section shall show the date of registration; and
18 copies issued from records marked "delayed," "amended," or
19 "court order" shall be similarly marked and show the
20 effective date.
21 (6) Any certification or certified copy of a certificate
22 issued in accordance with this Section shall be considered as
23 prima facie evidence of the facts therein stated, provided
24 that the evidentiary value of a certificate or record filed
25 more than one year after the event, or a record which has
26 been amended, shall be determined by the judicial or
27 administrative body or official before whom the certificate
28 is offered as evidence.
29 (7) Any certification or certified copy issued pursuant
30 to this Section shall be issued without charge when the
31 record is required by the United States Veterans
32 Administration or by any accredited veterans organization to
33 be used in determining the eligibility of any person to
34 participate in benefits available from such organization.
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1 Requests for such copies must be in accordance with Sections
2 1 and 2 of "An Act to provide for the furnishing of copies of
3 public documents to interested parties," approved May 17,
4 1935, as now or hereafter amended.
5 (8) The National Vital Statistics Division, or any
6 agency which may be substituted therefor, may be furnished
7 such copies or data as it may require for national
8 statistics; provided that the State shall be reimbursed for
9 the cost of furnishing such data; and provided further that
10 such data shall not be used for other than statistical
11 purposes by the National Vital Statistics Division, or any
12 agency which may be substituted therefor, unless so
13 authorized by the State Registrar of Vital Records.
14 (9) Federal, State, local, and other public or private
15 agencies may, upon request, be furnished copies or data for
16 statistical purposes upon such terms or conditions as may be
17 prescribed by the Department.
18 (10) The State Registrar of Vital Records, at his
19 discretion and in the interest of promoting registration of
20 births, may issue, without fee, to the parents or guardian of
21 any or every child whose birth has been registered in
22 accordance with the provisions of this Act, a special notice
23 of registration of birth.
24 (11) No person shall prepare or issue any certificate
25 which purports to be an original, certified copy, or
26 certification of a certificate of birth, death, or fetal
27 death, except as authorized in this Act or regulations
28 adopted hereunder.
29 (12) A computer print-out of any record of birth, death
30 or fetal record that may be certified under this Section may
31 be used in place of such certification and such computer
32 print-out shall have the same legal force and effect as a
33 certified copy of the document.
34 (13) The State Registrar may verify from the information
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1 contained in the index maintained by the State Registrar the
2 authenticity of information on births, deaths, marriages and
3 dissolution of marriages provided to a federal agency or a
4 public agency of another state by a person seeking benefits
5 or employment from the agency, provided the agency pays a fee
6 of $10.
7 (14) The State Registrar may issue commemorative birth
8 certificates to persons eligible to receive birth
9 certificates under this Section upon the payment of a fee to
10 be determined by the State Registrar.
11 (Source: P.A. 90-144, eff. 7-23-97.)
12 Section 99. Effective date. This Act takes effect July
13 1, 1999, except that the changes to the Vital Records Act
14 take effect January 1, 2000.