94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB0775


 
Introduced 2/18/2005, by Sen. John J. Cullerton
 
SYNOPSIS AS INTRODUCED:
 		














410 ILCS 535/25.1
  from Ch. 111 1/2, par. 73-25.1







    Amends the Vital Records Act.     Provides that when the death of a child occurs within 90 days of that child's live birth, the mother listed on the birth certificate of that child may request the issuance of a copy of a certificate of live birth from the State Registrar.    Provides that the request shall comply with specific requirements, shall indicate the requestor's relationship to the child, and shall be made not later than 6 months from the date of the death of the child.  
















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A BILL FOR









 











SB0775

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    AN ACT concerning health.

 
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    Be it enacted by the People of the State of Illinois,
 
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represented in the General Assembly:


 
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    Section 5. The Vital Records Act is amended  by changing 
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Section 25.1 as follows:
 



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    (410 ILCS 535/25.1)  (from Ch. 111 1/2, par. 73-25.1)



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    Sec. 25.1. (a) When the State Registrar of Vital Records 
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receives
or prepares a death certificate the Registrar shall 
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make an
appropriate notation in the birth certificate record of 
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that person that
the person is deceased.  The Registrar shall 
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also notify the appropriate
municipal or county custodian of 
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such birth record that the person is
deceased, and such 
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custodian shall likewise make an appropriate notation
in its 
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records.

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    (b) In response to any inquiry, the Registrar or a 
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custodian shall not
provide a copy of a birth certificate or 
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information concerning the birth
record of any deceased person 
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except as provided in this subsection (b) or
as otherwise 
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provided in this Act or as approved by the Department. When a

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copy of the birth certificate of a deceased person is 
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requested, the
Registrar or custodian shall require the person 
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making the request to
complete an information form, which shall 
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be developed and furnished by the
Department and shall include, 
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at a minimum, the name, address, telephone
number, social 
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security number and driver's license number of the person

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making the request. Before furnishing the copy, the custodian 
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shall
prominently stamp on the copy the word "DECEASED" and 
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write or stamp on the
copy the date of death of the deceased 
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person. The custodian shall retain
the information form 
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completed by the person making the request, and note
on the 
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birth certificate record that such a request was made.  The

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custodian shall make the information form available to the 
 


 






SB0775
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Department of
State Police or any local law enforcement agency 
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upon request.  A city or
county custodian shall promptly submit 
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copies of all completed forms to the
Registrar.

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    (c) The Registrar shall furnish, no later than 60 days 
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after receipt of
a form used to request a birth certificate 
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record of a deceased person, a
copy of the form and a copy of 
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the corresponding birth certificate record
to the Illinois 
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Department of Public Aid and the Department of Human
Services.  
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The Illinois Department of
Public Aid and the Department of 
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Human Services shall, upon receipt of such
information, check 
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their records to
ensure that no claim for public assistance 
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under the Illinois Public Aid
Code is being made either by a 
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person
purporting to be the deceased person or by any person on 
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behalf of the
deceased person.

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    (d) Notwithstanding the requirements of subsection (b), 
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when the death of a child occurs within 90 days of that child's 
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live birth, the mother listed on the birth certificate of that 
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child may request the issuance of a copy of a certificate of 
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live birth from the State Registrar.  Such request shall be made 
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in accordance with subsection (b), shall indicate the 
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requestor's relationship to the child, and shall be made not 
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later than 6 months from the date of the death of the child.  
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Before furnishing the copy, the custodian shall prominently 
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stamp the following upon the copy: "NOT VALID FOR 
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IDENTIFICATION".  A copy issued under this subsection (d) shall 
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not bear the word "DECEASED" or include the date of death as 
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required in subsection (b).  Except as provided herein, the 
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Registrar shall conform to all requirements of this Act in 
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issuing copies of certificates under this subsection (d).

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(Source: P.A. 89-507, eff. 7-1-97.)