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91_SB0547eng SB547 Engrossed 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 SB547 Engrossed -2- LRB9104910DJcd 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 SB547 Engrossed -3- LRB9104910DJcd 1 copy of the delayed record of birth when completed. A fee of 2 $4$2shall 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 SB547 Engrossed -4- LRB9104910DJcd 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 SB547 Engrossed -5- LRB9104910DJcd 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$2for 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 SB547 Engrossed -6- LRB9104910DJcd 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, SB547 Engrossed -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$2for 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 SB547 Engrossed -8- LRB9104910DJcd 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 SB547 Engrossed -9- LRB9104910DJcd 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 SB547 Engrossed -10- LRB9104910DJcd 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$2shall 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$2shall 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 SB547 Engrossed -11- LRB9104910DJcd 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 SB547 Engrossed -12- LRB9104910DJcd 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. SB547 Engrossed -13- LRB9104910DJcd 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 SB547 Engrossed -14- LRB9104910DJcd 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.