Full Text of HB4572 095th General Assembly
HB4572 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB4572
Introduced , by Rep. Sara Feigenholtz SYNOPSIS AS INTRODUCED: |
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410 ILCS 535/25 |
from Ch. 111 1/2, par. 73-25 |
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Amends the Vital Records Act. Makes a technical change in a Section concerning fees.
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A BILL FOR
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HB4572 |
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LRB095 16721 KBJ 42755 b |
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| AN ACT concerning health.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The Vital Records Act is amended by changing | 5 |
| Section 25 as follows:
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| (410 ILCS 535/25) (from Ch. 111 1/2, par. 73-25)
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| Sec. 25. In accordance with Section 24 of this Act, and
and | 8 |
| the
regulations adopted pursuant thereto: | 9 |
| (1) The State Registrar of Vital Records shall search the | 10 |
| files of birth,
death, and fetal death records, upon receipt of | 11 |
| a written request and a fee
of $10 from any applicant entitled | 12 |
| to such search. A search fee shall not
be required for | 13 |
| commemorative birth certificates issued by the State
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| Registrar. If, upon search, the record requested is found, the | 15 |
| State
Registrar shall furnish the applicant one certification | 16 |
| of such record,
under the seal of such office. If the request | 17 |
| is for a certified copy of
the record an additional fee of $5 | 18 |
| shall be required. If the request is for
a certified copy of a | 19 |
| death certificate or a fetal death certificate, an
additional | 20 |
| fee of $2 is required. The additional fee shall be deposited | 21 |
| into
the Death Certificate Surcharge Fund. A further fee of $2
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| shall be required for each additional certification or | 23 |
| certified copy
requested. If the requested record is not found, |
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LRB095 16721 KBJ 42755 b |
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| the State Registrar shall
furnish the applicant a certification | 2 |
| attesting to that fact, if so
requested by the applicant. A | 3 |
| further fee of $2 shall be required for each
additional | 4 |
| certification that no record has been found.
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| Any local registrar or county clerk shall search the files | 6 |
| of birth,
death and fetal death records, upon receipt of a | 7 |
| written request from any
applicant entitled to such search. If | 8 |
| upon search the record requested
is found, such local registrar | 9 |
| or county clerk shall furnish the applicant
one certification | 10 |
| or certified copy of such record, under the seal of such
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| office, upon payment of the applicable fees. If the requested | 12 |
| record is not
found, the local registrar or county
clerk shall | 13 |
| furnish the applicant a certification attesting to that fact, | 14 |
| if so
requested by the applicant and upon payment of applicable | 15 |
| fee. The local
registrar or county clerk must charge a $2 fee | 16 |
| for each certified copy of a
death certificate. The fee is in | 17 |
| addition to any other fees that are charged
by the local | 18 |
| registrar or county clerk. The additional fees must be
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| transmitted
to the State Registrar monthly and deposited into | 20 |
| the Death Certificate
Surcharge Fund.
The local registrar or | 21 |
| county clerk may charge fees
for providing other services for | 22 |
| which the State Registrar may charge fees
under this
Section.
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| A request to any custodian of vital records for a search of | 24 |
| the death
record indexes for genealogical research shall | 25 |
| require a fee of $10 per name
for a 5 year search. An | 26 |
| additional fee of $1 for each additional year searched
shall be |
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| required. If the requested record is found, one uncertified | 2 |
| copy
shall be issued without additional charge.
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| Any fee received by the State Registrar pursuant to this | 4 |
| Section which
is of an insufficient amount may be returned by | 5 |
| the State Registrar upon
his recording the receipt of such fee | 6 |
| and the reason for its return. The
State Registrar is | 7 |
| authorized to maintain a 2 signature, revolving checking
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| account with a suitable commercial bank for the purpose of | 9 |
| depositing and
withdrawing-for-return cash received and | 10 |
| determined insufficient for the
service requested.
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| No fee imposed under this Section may be assessed against | 12 |
| an organization
chartered by Congress that requests a | 13 |
| certificate for the purpose of death
verification.
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| (2) The certification of birth may contain only the name, | 15 |
| sex,
date of birth, and place of birth, of the person to whom | 16 |
| it relates, the
name, age and birthplace of the parents, and
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| the file number; and none of the other data on the certificate | 18 |
| of birth
except as authorized under subsection (5) of this | 19 |
| Section.
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| (3) The certification of death shall contain only the name, | 21 |
| Social
Security Number, sex,
date of death, and place of death | 22 |
| of the person to whom it relates, and
file number; and none of | 23 |
| the other data on the certificate of death
except as authorized | 24 |
| under subsection (5) of this Section.
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| (4) Certification or a certified copy of a certificate | 26 |
| shall be issued:
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| (a) Upon the order of a court of competent | 2 |
| jurisdiction; or
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| (b) In case of a birth certificate, upon the specific | 4 |
| written
request for a certification or certified copy by | 5 |
| the person, if of legal
age, by a parent or other legal | 6 |
| representative of the person to whom the
record of birth | 7 |
| relates, or by a person having a genealogical interest; or
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| (c) Upon the specific written request for a | 9 |
| certification or certified
copy by a department of the | 10 |
| state or a municipal corporation or the federal
government; | 11 |
| or
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| (d) In case of a death or fetal death certificate, upon | 13 |
| specific
written request for a certified copy by a person, | 14 |
| or his duly authorized
agent, having a genealogical, | 15 |
| personal or property right interest in
the record.
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| A genealogical interest shall be a proper purpose with | 17 |
| respect to
births which occurred not less than 75 years and | 18 |
| deaths which occurred not
less than 20 years prior to the date | 19 |
| of written request. Where the purpose
of the request is a | 20 |
| genealogical interest, the custodian shall stamp the
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| certification or copy with the words, FOR GENEALOGICAL PURPOSES | 22 |
| ONLY.
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| (5) Any certification or certified copy issued pursuant to | 24 |
| this
Section shall show the date of registration; and copies | 25 |
| issued from
records marked "delayed," "amended," or "court | 26 |
| order" shall be similarly
marked and show the effective date.
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| (6) Any certification or certified copy of a certificate | 2 |
| issued in
accordance with this Section shall be considered as | 3 |
| prima facie evidence
of the facts therein stated, provided that | 4 |
| the evidentiary value of a
certificate or record filed more | 5 |
| than one year after the event, or a
record which has been | 6 |
| amended, shall be determined by the judicial or
administrative | 7 |
| body or official before whom the certificate is offered
as | 8 |
| evidence.
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| (7) Any certification or certified copy issued pursuant to | 10 |
| this
Section shall be issued without charge when the record is | 11 |
| required by
the United States Veterans Administration or by any | 12 |
| accredited veterans
organization to be used in determining the | 13 |
| eligibility of any person to
participate in benefits available | 14 |
| from such organization. Requests for
such copies must be in | 15 |
| accordance with Sections 1 and 2 of "An Act to
provide for the | 16 |
| furnishing of copies of public documents to interested
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| parties," approved May 17, 1935, as now or hereafter amended.
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| (8) The National Vital Statistics Division, or any agency | 19 |
| which may
be substituted therefor, may be furnished such copies | 20 |
| or data as it may
require for national statistics; provided | 21 |
| that the State shall be
reimbursed for the cost of furnishing | 22 |
| such data; and provided further
that such data shall not be | 23 |
| used for other than statistical purposes by
the National Vital | 24 |
| Statistics Division, or any agency which may be
substituted | 25 |
| therefor, unless so authorized by the State Registrar of
Vital | 26 |
| Records.
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| (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.
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| (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 of | 10 |
| registration of birth.
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| (11) No person shall prepare or issue any certificate which | 12 |
| purports
to be an original, certified copy, or certification of | 13 |
| a certificate of
birth, death, or fetal death, except as | 14 |
| authorized in this Act or
regulations adopted hereunder.
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| (12) A computer print-out of any record of birth, death or | 16 |
| fetal record
that may be certified under this Section may be | 17 |
| used
in place of such certification and such computer print-out | 18 |
| shall have the
same legal force and effect as a certified copy | 19 |
| of the document.
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| (13) The State Registrar may verify from the information | 21 |
| contained in
the index maintained by the State Registrar the | 22 |
| authenticity of information
on births, deaths, marriages and | 23 |
| dissolution of marriages provided to a
federal agency or a | 24 |
| public agency of another state by a person seeking
benefits or | 25 |
| employment from the agency, provided the agency pays a fee of | 26 |
| $10.
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LRB095 16721 KBJ 42755 b |
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| (14) The State Registrar may issue commemorative birth | 2 |
| certificates to
persons eligible to receive birth certificates | 3 |
| under this Section upon the
payment of a fee to be determined | 4 |
| by the State Registrar.
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| (Source: P.A. 91-382, eff. 7-30-99; 92-141, eff. 7-24-01.)
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