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91_SB1487
LRB9110954STsbA
1 AN ACT to amend the Vital Records Act by adding Section
2 18.5 and changing Sections 25 and 25.5.
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 adding
6 Section 18.5 and changing Sections 25 and 25.5 as follows:
7 (410 ILCS 535/18.5 new)
8 Sec. 18.5. Electronic reporting system for death
9 registrations. The State Registrar may facilitate death
10 registration by implementing an electronic reporting system.
11 The system may be used to transfer information to individuals
12 and institutions responsible for completing and filing
13 certificates and related reports for deaths that occur in the
14 State. The system shall be interactive and capable of storing
15 and retrieving accurate and timely data and statistics for
16 those persons and agencies responsible for vital records
17 registration and for protecting the health, safety, and
18 welfare of the citizens of this State.
19 (410 ILCS 535/25) (from Ch. 111 1/2, par. 73-25)
20 Sec. 25. In accordance with Section 24 of this Act, and
21 the regulations adopted pursuant thereto:
22 (1) The State Registrar of Vital Records shall search
23 the files of birth, death, and fetal death records, upon
24 receipt of a written request and a fee of $10 from any
25 applicant entitled to such search. A search fee shall not be
26 required for commemorative birth certificates issued by the
27 State Registrar. If, upon search, the record requested is
28 found, the State Registrar shall furnish the applicant one
29 certification of such record, under the seal of such office.
30 If the request is for a certified copy of the record an
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1 additional fee of $5 shall be required. If the request is
2 for a certified copy of a death certificate or a fetal death
3 certificate, an additional fee of $2 is required. The
4 additional fee shall be deposited into the Death Certificate
5 Surcharge Fund. A further fee of $2 shall be required for
6 each additional certification or certified copy requested.
7 If the requested record is not found, the State Registrar
8 shall furnish the applicant a certification attesting to that
9 fact, if so requested by the applicant. A further fee of $2
10 shall be required for each additional certification that no
11 record has been found.
12 Any local registrar or county clerk shall search the
13 files of birth, death and fetal death records, upon receipt
14 of a written request from any applicant entitled to such
15 search. If upon search the record requested is found, such
16 local registrar or county clerk shall furnish the applicant
17 one certification or certified copy of such record, under the
18 seal of such office. If the requested record is not found,
19 the local registrar or county clerk shall furnish the
20 applicant a certification attesting to that fact, if so
21 requested by the applicant. If the request is for a certified
22 copy of a death certificate or a fetal death certificate, an
23 additional fee of $2 is required. The additional fee shall be
24 deposited into the Death Certificate Surcharge Fund. The
25 local registrar or county clerk may charge fees for providing
26 other services for which the State Registrar may charge fees
27 under this Section, except that such fees may not exceed the
28 fees charged by the State Registrar.
29 A request to any custodian of vital records for a search
30 of the death record indexes for genealogical research shall
31 require a fee of $10 per name for a 5 year search. An
32 additional fee of $1 for each additional year searched shall
33 be required. If the requested record is found, one
34 uncertified copy shall be issued without additional charge.
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1 Any fee received by the State Registrar pursuant to this
2 Section which is of an insufficient amount may be returned by
3 the State Registrar upon his recording the receipt of such
4 fee and the reason for its return. The State Registrar is
5 authorized to maintain a 2 signature, revolving checking
6 account with a suitable commercial bank for the purpose of
7 depositing and withdrawing-for-return cash received and
8 determined insufficient for the service requested.
9 (2) The certification of birth may contain only the
10 name, sex, date of birth, and place of birth, of the person
11 to whom it relates, the name, age and birthplace of the
12 parents, and the file number; and none of the other data on
13 the certificate of birth except as authorized under
14 subsection (5) of this Section.
15 (3) The certification of death shall contain only the
16 name, Social Security Number, sex, date of death, and place
17 of death of the person to whom it relates, and file number;
18 and none of the other data on the certificate of death except
19 as authorized under subsection (5) of this Section.
20 (4) Certification or a certified copy of a certificate
21 shall be issued:
22 (a) Upon the order of a court of competent
23 jurisdiction; or
24 (b) In case of a birth certificate, upon the
25 specific written request for a certification or certified
26 copy by the person, if of legal age, by a parent or other
27 legal representative of the person to whom the record of
28 birth relates, or by a person having a genealogical
29 interest; or
30 (c) Upon the specific written request for a
31 certification or certified copy by a department of the
32 state or a municipal corporation or the federal
33 government; or
34 (d) In case of a death or fetal death certificate,
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1 upon specific written request for a certified copy by a
2 person, or his duly authorized agent, having a
3 genealogical, personal or property right interest in the
4 record.
5 A genealogical interest shall be a proper purpose with
6 respect to births which occurred not less than 75 years and
7 deaths which occurred not less than 20 years prior to the
8 date of written request. Where the purpose of the request is
9 a genealogical interest, the custodian shall stamp the
10 certification or copy with the words, FOR GENEALOGICAL
11 PURPOSES ONLY.
12 (5) Any certification or certified copy issued pursuant
13 to this Section shall show the date of registration; and
14 copies issued from records marked "delayed," "amended," or
15 "court order" shall be similarly marked and show the
16 effective date.
17 (6) Any certification or certified copy of a certificate
18 issued in accordance with this Section shall be considered as
19 prima facie evidence of the facts therein stated, provided
20 that the evidentiary value of a certificate or record filed
21 more than one year after the event, or a record which has
22 been amended, shall be determined by the judicial or
23 administrative body or official before whom the certificate
24 is offered as evidence.
25 (7) Any certification or certified copy issued pursuant
26 to this Section shall be issued without charge when the
27 record is required by the United States Veterans
28 Administration or by any accredited veterans organization to
29 be used in determining the eligibility of any person to
30 participate in benefits available from such organization.
31 Requests for such copies must be in accordance with Sections
32 1 and 2 of "An Act to provide for the furnishing of copies of
33 public documents to interested parties," approved May 17,
34 1935, as now or hereafter amended.
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1 (8) The National Vital Statistics Division, or any
2 agency which may be substituted therefor, may be furnished
3 such copies or data as it may require for national
4 statistics; provided that the State shall be reimbursed for
5 the cost of furnishing such data; and provided further that
6 such data shall not be used for other than statistical
7 purposes by the National Vital Statistics Division, or any
8 agency which may be substituted therefor, unless so
9 authorized by the State Registrar of Vital Records.
10 (9) Federal, State, local, and other public or private
11 agencies may, upon request, be furnished copies or data for
12 statistical purposes upon such terms or conditions as may be
13 prescribed by the Department.
14 (10) The State Registrar of Vital Records, at his
15 discretion and in the interest of promoting registration of
16 births, may issue, without fee, to the parents or guardian of
17 any or every child whose birth has been registered in
18 accordance with the provisions of this Act, a special notice
19 of registration of birth.
20 (11) No person shall prepare or issue any certificate
21 which purports to be an original, certified copy, or
22 certification of a certificate of birth, death, or fetal
23 death, except as authorized in this Act or regulations
24 adopted hereunder.
25 (12) A computer print-out of any record of birth, death
26 or fetal record that may be certified under this Section may
27 be used in place of such certification and such computer
28 print-out shall have the same legal force and effect as a
29 certified copy of the document.
30 (13) The State Registrar may verify from the information
31 contained in the index maintained by the State Registrar the
32 authenticity of information on births, deaths, marriages and
33 dissolution of marriages provided to a federal agency or a
34 public agency of another state by a person seeking benefits
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1 or employment from the agency, provided the agency pays a fee
2 of $10.
3 (14) The State Registrar may issue commemorative birth
4 certificates to persons eligible to receive birth
5 certificates under this Section upon the payment of a fee to
6 be determined by the State Registrar.
7 (Source: P.A. 90-144, eff. 7-23-97; 91-382, eff. 7-30-99.)
8 (410 ILCS 535/25.5)
9 Sec. 25.5. Death Certificate Surcharge Fund. The
10 additional $2 fee for certified copies of death certificates
11 and fetal death certificates must be deposited into the Death
12 Certificate Surcharge Fund, a special fund created in the
13 State treasury. Moneys in the Fund, subject to
14 appropriations, may be used as follows: (i) 25% by the
15 Illinois Law Enforcement Training and Standards Board for the
16 purpose of training coroners, deputy coroners, forensic
17 pathologists, and police officers for homicide
18 investigations, (ii) 25% by the Illinois Necropsy Board for
19 the purchase of equipment and lab facilities for local county
20 coroners, (iii) 25% by the Department of Public Health for
21 the purpose of setting up a statewide database of death
22 certificates and implementing an electronic reporting system
23 for death registrations pursuant to Section 18.5, and (iv)
24 25% for a grant by the Department of Public Health to the
25 Cook County Health Department.
26 (Source: P.A. 91-382, eff. 7-30-99.)
27 Section 99. Effective date. This Act takes effect upon
28 becoming law.