State of Illinois
92nd General Assembly
Legislation

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92_SB0769

 
                                               LRB9205226REtm

 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. If the requested record  is  not  found,
 5    the  local  registrar  or  county  clerk  shall  furnish  the
 6    applicant  a  certification  attesting  to  that  fact, if so
 7    requested by the applicant. The  local  registrar  or  county
 8    clerk  may  charge  fees for providing services for which the
 9    State Registrar may charge fees under  this  Section,  except
10    that  such  fees may not exceed the fees charged by the State
11    Registrar.
12        A request to any custodian of vital records for a  search
13    of  the  death record indexes for genealogical research shall
14    require a fee of $10 per  name  for  a  5  year  search.   An
15    additional  fee of $1 for each additional year searched shall
16    be  required.   If  the  requested  record  is   found,   one
17    uncertified copy shall be issued without additional charge.
18        Any  fee received by the State Registrar pursuant to this
19    Section which is of an insufficient amount may be returned by
20    the State Registrar upon his recording the  receipt  of  such
21    fee  and  the  reason for its return.  The State Registrar is
22    authorized to maintain  a  2  signature,  revolving  checking
23    account  with  a  suitable commercial bank for the purpose of
24    depositing  and  withdrawing-for-return  cash  received   and
25    determined insufficient for the service requested.
26        (2)  The  certification  of  birth  may  contain only the
27    name, sex, date of birth, and place of birth, of  the  person
28    to  whom  it  relates,  the  name,  age and birthplace of the
29    parents, and the file number; and none of the other  data  on
30    the   certificate   of   birth  except  as  authorized  under
31    subsection (5) of this Section.
32        (3)  The certification of death shall  contain  only  the
33    name,  Social  Security Number, sex, date of death, and place
34    of death of the person to whom it relates, and  file  number;
 
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 1    and none of the other data on the certificate of death except
 2    as authorized under subsection (5) of this Section.
 3        (4)  Certification  or  a certified copy of a certificate
 4    shall be issued:
 5             (a)  Upon  the  order  of  a  court   of   competent
 6        jurisdiction; or
 7             (b)  In  case  of  a  birth  certificate,  upon  the
 8        specific written request for a certification or certified
 9        copy by the person, if of legal age, by a parent or other
10        legal  representative of the person to whom the record of
11        birth relates, or  by  a  person  having  a  genealogical
12        interest; or
13             (c)  Upon   the   specific  written  request  for  a
14        certification or certified copy by a  department  of  the
15        state   or   a   municipal  corporation  or  the  federal
16        government; or
17             (d)  In case of a death or fetal death  certificate,
18        upon  specific  written request for a certified copy by a
19        person,  or  his  duly   authorized   agent,   having   a
20        genealogical,  personal or property right interest in the
21        record.
22        A genealogical interest shall be a  proper  purpose  with
23    respect  to  births which occurred not less than 75 years and
24    deaths which occurred not less than 20  years  prior  to  the
25    date of written request.  Where the purpose of the request is
26    a  genealogical  interest,  the  custodian  shall  stamp  the
27    certification  or  copy  with  the  words,  FOR  GENEALOGICAL
28    PURPOSES ONLY.
29        (5)  Any  certification or certified copy issued pursuant
30    to this Section shall show  the  date  of  registration;  and
31    copies  issued  from  records marked "delayed," "amended," or
32    "court  order"  shall  be  similarly  marked  and  show   the
33    effective date.
34        (6)  Any certification or certified copy of a certificate
 
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 1    issued in accordance with this Section shall be considered as
 2    prima  facie  evidence  of the facts therein stated, provided
 3    that the evidentiary value of a certificate or  record  filed
 4    more  than  one  year  after the event, or a record which has
 5    been  amended,  shall  be  determined  by  the  judicial   or
 6    administrative  body  or official before whom the certificate
 7    is offered as evidence.
 8        (7)  Any certification or certified copy issued  pursuant
 9    to  this  Section  shall  be  issued  without charge when the
10    record  is   required   by   the   United   States   Veterans
11    Administration  or by any accredited veterans organization to
12    be used in determining  the  eligibility  of  any  person  to
13    participate  in  benefits  available  from such organization.
14    Requests for such copies must be in accordance with  Sections
15    1 and 2 of "An Act to provide for the furnishing of copies of
16    public  documents  to  interested  parties," approved May 17,
17    1935, as now or hereafter amended.
18        (8)  The  National  Vital  Statistics  Division,  or  any
19    agency which may be substituted therefor,  may  be  furnished
20    such   copies   or  data  as  it  may  require  for  national
21    statistics; provided that the State shall be  reimbursed  for
22    the  cost  of furnishing such data; and provided further that
23    such data shall  not  be  used  for  other  than  statistical
24    purposes  by  the  National Vital Statistics Division, or any
25    agency  which  may  be  substituted   therefor,   unless   so
26    authorized by the State Registrar of Vital Records.
27        (9)  Federal,  State,  local, and other public or private
28    agencies may, upon request, be furnished copies or  data  for
29    statistical  purposes upon such terms or conditions as may be
30    prescribed by the Department.
31        (10)  The  State  Registrar  of  Vital  Records,  at  his
32    discretion and in the interest of promoting  registration  of
33    births, may issue, without fee, to the parents or guardian of
34    any  or  every  child  whose  birth  has  been  registered in
 
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 1    accordance with the provisions of this Act, a special  notice
 2    of registration of birth.
 3        (11)  No  person  shall  prepare or issue any certificate
 4    which  purports  to  be  an  original,  certified  copy,   or
 5    certification  of  a  certificate  of  birth, death, or fetal
 6    death, except  as  authorized  in  this  Act  or  regulations
 7    adopted hereunder.
 8        (12)  A  computer print-out of any record of birth, death
 9    or fetal record that may be certified under this Section  may
10    be  used  in  place  of  such certification and such computer
11    print-out shall have the same legal force  and  effect  as  a
12    certified copy of the document.
13        (13)  The State Registrar may verify from the information
14    contained  in the index maintained by the State Registrar the
15    authenticity of information on births, deaths, marriages  and
16    dissolution  of  marriages  provided to a federal agency or a
17    public agency of another state by a person  seeking  benefits
18    or employment from the agency, provided the agency pays a fee
19    of $10.
20        (14)  The  State  Registrar may issue commemorative birth
21    certificates   to   persons   eligible   to   receive   birth
22    certificates under this Section upon the payment of a fee  to
23    be determined by the State Registrar.
24    (Source: P.A. 90-144, eff. 7-23-97; 91-382, eff. 7-30-99.)

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