093_HB1289
LRB093 04094 MBS 04134 b
1 AN ACT concerning fees.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Vital Records Act is amended by changing
5 Section 25 as follows:
6 (410 ILCS 535/25) (from Ch. 111 1/2, par. 73-25)
7 Sec. 25. In accordance with Section 24 of this Act, and
8 the regulations adopted under that Section pursuant thereto:
9 (1) The State Registrar of Vital Records shall search
10 the files of birth, death, and fetal death records, upon
11 receipt of a written request and a fee of $10 from any
12 applicant entitled to such search. A search fee shall not be
13 required for commemorative birth certificates issued by the
14 State Registrar. If, upon search, the record requested is
15 found, the State Registrar shall furnish the applicant one
16 certification of such record, under the seal of such office.
17 If the request is for a certified copy of the record an
18 additional fee of $5 shall be required. If the request is
19 for a certified copy of a death certificate or a fetal death
20 certificate, an additional fee of $2 is required. The
21 additional fee shall be deposited into the Death Certificate
22 Surcharge Fund. A further fee of $2 shall be required for
23 each additional certification or certified copy requested.
24 If the requested record is not found, the State Registrar
25 shall furnish the applicant a certification attesting to that
26 fact, if so requested by the applicant. A further fee of $2
27 shall be required for each additional certification that no
28 record has been found.
29 Any local registrar or county clerk shall search the
30 files of birth, death and fetal death records, upon receipt
31 of a written request from any applicant entitled to such
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1 search. If upon search the record requested is found, such
2 local registrar or county clerk shall furnish the applicant
3 one certification or certified copy of such record, under the
4 seal of such office, upon payment of the applicable fees. If
5 the requested record is not found, the local registrar or
6 county clerk shall furnish the applicant a certification
7 attesting to that fact, if so requested by the applicant and
8 upon payment of applicable fee. The local registrar or
9 county clerk must charge a $2 fee for each certified copy of
10 a death certificate. The fee is in addition to any other
11 fees that are charged by the local registrar or county clerk.
12 The additional fees must be transmitted to the State
13 Registrar monthly and deposited into the Death Certificate
14 Surcharge Fund. The local registrar or county clerk may
15 charge fees for providing other services for which the State
16 Registrar may charge fees under this Section.
17 A request to any custodian of vital records for a search
18 of the death record indexes for genealogical research shall
19 require a fee of $10 per name for a 5 year search. An
20 additional fee of $1 for each additional year searched shall
21 be required. If the requested record is found, one
22 uncertified copy shall be issued without additional charge.
23 Any fee received by the State Registrar pursuant to this
24 Section which is of an insufficient amount may be returned by
25 the State Registrar upon his recording the receipt of such
26 fee and the reason for its return. The State Registrar is
27 authorized to maintain a 2 signature, revolving checking
28 account with a suitable commercial bank for the purpose of
29 depositing and withdrawing-for-return cash received and
30 determined insufficient for the service requested.
31 No fee imposed under this Section may be assessed against
32 an organization chartered by Congress that requests a
33 certificate for the purpose of death verification.
34 (2) The certification of birth may contain only the
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1 name, sex, date of birth, and place of birth, of the person
2 to whom it relates, the name, age and birthplace of the
3 parents, and the file number; and none of the other data on
4 the certificate of birth except as authorized under
5 subsection (5) of this Section.
6 (3) The certification of death shall contain only the
7 name, Social Security Number, sex, date of death, and place
8 of death of the person to whom it relates, and file number;
9 and none of the other data on the certificate of death except
10 as authorized under subsection (5) of this Section.
11 (4) Certification or a certified copy of a certificate
12 shall be issued:
13 (a) Upon the order of a court of competent
14 jurisdiction; or
15 (b) In case of a birth certificate, upon the
16 specific written request for a certification or certified
17 copy by the person, if of legal age, by a parent or other
18 legal representative of the person to whom the record of
19 birth relates, or by a person having a genealogical
20 interest; or
21 (c) Upon the specific written request for a
22 certification or certified copy by a department of the
23 state or a municipal corporation or the federal
24 government; or
25 (d) In case of a death or fetal death certificate,
26 upon specific written request for a certified copy by a
27 person, or his duly authorized agent, having a
28 genealogical, personal or property right interest in the
29 record.
30 A genealogical interest shall be a proper purpose with
31 respect to births which occurred not less than 75 years and
32 deaths which occurred not less than 20 years prior to the
33 date of written request. Where the purpose of the request is
34 a genealogical interest, the custodian shall stamp the
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1 certification or copy with the words, FOR GENEALOGICAL
2 PURPOSES ONLY.
3 (5) Any certification or certified copy issued pursuant
4 to this Section shall show the date of registration; and
5 copies issued from records marked "delayed," "amended," or
6 "court order" shall be similarly marked and show the
7 effective date.
8 (6) Any certification or certified copy of a certificate
9 issued in accordance with this Section shall be considered as
10 prima facie evidence of the facts therein stated, provided
11 that the evidentiary value of a certificate or record filed
12 more than one year after the event, or a record which has
13 been amended, shall be determined by the judicial or
14 administrative body or official before whom the certificate
15 is offered as evidence.
16 (7) Any certification or certified copy issued pursuant
17 to this Section shall be issued without charge when the
18 record is required by the United States Veterans
19 Administration or by any accredited veterans organization to
20 be used in determining the eligibility of any person to
21 participate in benefits available from such organization.
22 Requests for such copies must be in accordance with Sections
23 1 and 2 of "An Act to provide for the furnishing of copies of
24 public documents to interested parties," approved May 17,
25 1935, as now or hereafter amended.
26 (8) The National Vital Statistics Division, or any
27 agency which may be substituted therefor, may be furnished
28 such copies or data as it may require for national
29 statistics; provided that the State shall be reimbursed for
30 the cost of furnishing such data; and provided further that
31 such data shall not be used for other than statistical
32 purposes by the National Vital Statistics Division, or any
33 agency which may be substituted therefor, unless so
34 authorized by the State Registrar of Vital Records.
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1 (9) Federal, State, local, and other public or private
2 agencies may, upon request, be furnished copies or data for
3 statistical purposes upon such terms or conditions as may be
4 prescribed by the Department.
5 (10) The State Registrar of Vital Records, at his
6 discretion and in the interest of promoting registration of
7 births, may issue, without fee, to the parents or guardian of
8 any or every child whose birth has been registered in
9 accordance with the provisions of this Act, a special notice
10 of registration of birth.
11 (11) No person shall prepare or issue any certificate
12 which purports to be an original, certified copy, or
13 certification of a certificate of birth, death, or fetal
14 death, except as authorized in this Act or regulations
15 adopted hereunder.
16 (12) A computer print-out of any record of birth, death
17 or fetal record that may be certified under this Section may
18 be used in place of such certification and such computer
19 print-out shall have the same legal force and effect as a
20 certified copy of the document.
21 (13) The State Registrar may verify from the information
22 contained in the index maintained by the State Registrar the
23 authenticity of information on births, deaths, marriages and
24 dissolution of marriages provided to a federal agency or a
25 public agency of another state by a person seeking benefits
26 or employment from the agency, provided the agency pays a fee
27 of $10.
28 (14) The State Registrar may issue commemorative birth
29 certificates to persons eligible to receive birth
30 certificates under this Section upon the payment of a fee to
31 be determined by the State Registrar.
32 (Source: P.A. 91-382, eff. 7-30-99; 92-141, eff. 7-24-01.)