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    1. Re: [CTNEWHAV] right to know laws
    2. Rod Dav4is
    3. Relevant sections of 410 ILCS 535-Vital Records Act are reproduced below. It's not as bad as you think. Specific references are made to genealogical research as a legitimate reason for requesting records. -R. ladybug wrote: >CT. readers...Il readers have come up with this summation...I know CT has a "right to know law." Can anyone sum it up? ladybug@arends-sons.com in Ford County, Il. > >IL readers: >To my dismay, after reading SO MUCH LEGAL junk, Dan has probably solved the problem. >I will quote what he seems to have quoted..... >"If you're into legalese, you can view or download a guide to the Illinois Freedom of Information Act put out by the Attorney General at this link: http://www.ag.state.il.us/foia/foiarevised.pdf > >The following quotation appears on every page of Vital Records information on the clerk's website, along with a description of who the "specific individuals" are: > >"Under Illinois State Law (410 ILCS 535-Vital Records Act) only specific individuals have legal access to birth, death, or marriage certificates. .......County Clerk's Office will issure certificates to authorized individuals only. To do otherwise is a violation of Illinois Law. Vital Records are not considered Public information, nor are the subject to the Freedom of Information Act." > >Guess we are out-of-luck. > > 410 ILCS 535-Vital Records Act http://www.legis.state.il.us/legislation/ilcs/ch410/ch410act535.htm Sec. 24. (1) ... except that the indexes of those records in the custody of local registrars and county clerks, originating prior to January 1, 1916, shall be made available to persons for the purpose of genealogical research. Original, photographic or microphotographic reproductions of original records of births 100 years old and older and deaths 50 years old and older, and marriage records 75 years old and older on file in the State Office of Vital Records and in the custody of the county clerks may be made available for inspection in the Illinois State Archives reference area, Illinois Regional Archives Depositories, and other libraries approved by the Illinois State Registrar and the Director of the Illinois State Archives, provided that the photographic or microphotographic copies are made at no cost to the county or to the State of Illinois. (3) The State Registrar of Vital Records, may disclose, or authorize the disclosure of, data contained in the vital records when deemed essential for bona fide research purposes which are not for private gain. Sec. 25. In accordance with Section 24 of this Act, and the regulations adopted pursuant thereto: (1) The State Registrar of Vital Records shall search the files of birth, death, and fetal death records, upon receipt of a written request and a fee of $10 from any applicant entitled to such search. A search fee shall not be required for commemorative birth certificates issued by the State Registrar. If, upon search, the record requested is found, the State Registrar shall furnish the applicant one certification of such record, under the seal of such office. If the request is for a certified copy of the record an additional fee of $5 shall be required. If the request is for a certified copy of a death certificate or a fetal death certificate, an additional fee of $2 is required. The additional fee shall be deposited into the Death Certificate Surcharge Fund. A further fee of $2 shall be required for each additional certification or certified copy requested. If the requested record is not found, the State Registrar shall furnish the applicant a certification attesting to that fact, if so requested by the applicant. A further fee of $2 shall be required for each additional certification that no record has been found. Any local registrar or county clerk shall search the files of birth, death and fetal death records, upon receipt of a written request from any applicant entitled to such search. If upon search the record requested is found, such local registrar or county clerk shall furnish the applicant one certification or certified copy of such record, under the seal of such office, upon payment of the applicable fees. If the requested record is not found, the local registrar or county clerk shall furnish the applicant a certification attesting to that fact, if so requested by the applicant and upon payment of applicable fee. The local registrar or county clerk must charge a $2 fee for each certified copy of a death certificate. The fee is in addition to any other fees that are charged by the local registrar or county clerk. The additional fees must be transmitted to the State Registrar monthly and deposited into the Death Certificate Surcharge Fund. The local registrar or county clerk may charge fees for providing other services for which the State Registrar may charge fees under this Section. A request to any custodian of vital records for a search of the death record indexes for genealogical research shall require a fee of $10 per name for a 5 year search. An additional fee of $1 for each additional year searched shall be required. If the requested record is found, one uncertified copy shall be issued without additional charge. Any fee received by the State Registrar pursuant to this Section which is of an insufficient amount may be returned by the State Registrar upon his recording the receipt of such fee and the reason for its return. The State Registrar is authorized to maintain a 2 signature, revolving checking account with a suitable commercial bank for the purpose of depositing and withdrawing-for-return cash received and determined insufficient for the service requested. No fee imposed under this Section may be assessed against an organization chartered by Congress that requests a certificate for the purpose of death verification. (2) The certification of birth may contain only the name, sex, date of birth, and place of birth, of the person to whom it relates, the name, age and birthplace of the parents, and the file number; and none of the other data on the certificate of birth except as authorized under subsection (5) of this Section. (3) The certification of death shall contain only the name, Social Security Number, sex, date of death, and place of death of the person to whom it relates, and file number; and none of the other data on the certificate of death except as authorized under subsection (5) of this Section. (4) Certification or a certified copy of a certificate shall be issued: (a) Upon the order of a court of competent jurisdiction; or (b) In case of a birth certificate, upon the specific written request for a certification or certified copy by the person, if of legal age, by a parent or other legal representative of the person to whom the record of birth relates, or by a person having a genealogical interest; or (c) Upon the specific written request for a certification or certified copy by a department of the state or a municipal corporation or the federal government; or (d) In case of a death or fetal death certificate, upon specific written request for a certified copy by a person, or his duly authorized agent, having a genealogical, personal or property right interest in the record. A genealogical interest shall be a proper purpose with respect to births which occurred not less than 75 years and deaths which occurred not less than 20 years prior to the date of written request. Where the purpose of the request is a genealogical interest, the custodian shall stamp the certification or copy with the words, FOR GENEALOGICAL PURPOSES ONLY. -- Regards, Rod Dav4is / P.O. Box 118 / Hyde Park, NY 12538 / USA Genealogy, et Cetera: http://freepages.rootsweb.com/~dav4is/ 347 ancestral & collateral families, mostly 17th - 19th century New England & European roots, total population: 78,500+ Annex: http://www.gencircles.com/users/dav4is/

    07/25/2003 02:35:35