102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB0541

 

Introduced 2/23/2021, by Sen. Sara Feigenholtz

 

SYNOPSIS AS INTRODUCED:
 
410 ILCS 535/25  from Ch. 111 1/2, par. 73-25

    Amends the Vital Records Act. Makes a technical change in a Section concerning fees.


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A BILL FOR

 

SB0541LRB102 16292 CPF 21674 b

1    AN ACT concerning health.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Vital Records Act is amended by changing
5Section 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 and
8the regulations adopted 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
13    be required for commemorative birth certificates issued by
14    the State Registrar. A search fee shall not be required
15    for a birth record search from a person (1) upon release on
16    parole, mandatory supervised release, final discharge, or
17    pardon from the Department of Corrections if the person
18    presents a prescribed verification form completed by the
19    Department of Corrections verifying the person's date of
20    birth and social security number, or (2) placed on
21    aftercare release under the Juvenile Court Act of 1987,
22    upon release on parole, mandatory supervised release,
23    final discharge, or pardon from the Department of Juvenile

 

 

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1    Justice if the person presents a prescribed verification
2    form completed by the Department of Juvenile Justice
3    verifying the person's date of birth and social security
4    number; however, the person is entitled to only one search
5    fee waiver. If, upon search, the record requested is
6    found, the State Registrar shall furnish the applicant one
7    certification of such record, under the seal of such
8    office. If the request is for a certified copy of the
9    record an additional fee of $5 shall be required. An
10    additional fee for a certified copy of the record shall
11    not be required from a person (1) upon release on parole,
12    mandatory supervised release, final discharge, or pardon
13    from the Department of Corrections if the person presents
14    a prescribed verification form completed by the Department
15    of Corrections verifying the released person's date of
16    birth and social security number, or (2) placed on
17    aftercare release under the Juvenile Court Act of 1987,
18    upon release on parole, mandatory supervised release,
19    final discharge, or pardon from the Department of Juvenile
20    Justice if the person presents a prescribed verification
21    form completed by the Department of Juvenile Justice
22    verifying the person's date of birth and social security
23    number; however, the person is entitled to only one
24    certified copy fee waiver. If the request is for a
25    certified copy of a death certificate or a fetal death
26    certificate, an additional fee of $2 is required. The

 

 

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1    additional fee shall be deposited into the Death
2    Certificate Surcharge Fund. A further fee of $2 shall be
3    required for each additional certification or certified
4    copy requested. If the requested record is not found, the
5    State Registrar shall furnish the applicant a
6    certification attesting to that fact, if so requested by
7    the applicant. A further fee of $2 shall be required for
8    each additional certification that no record has been
9    found.
10        Any local registrar or county clerk shall search the
11    files of birth, death and fetal death records, upon
12    receipt of a written request from any applicant entitled
13    to such search. If upon search the record requested is
14    found, such local registrar or county clerk shall furnish
15    the applicant one certification or certified copy of such
16    record, under the seal of such office, upon payment of the
17    applicable fees. If the requested record is not found, the
18    local registrar or county clerk shall furnish the
19    applicant a certification attesting to that fact, if so
20    requested by the applicant and upon payment of applicable
21    fee. The local registrar or county clerk must charge a $2
22    fee for each certified copy of a death certificate. The
23    fee is in addition to any other fees that are charged by
24    the local registrar or county clerk. The additional fees
25    must be transmitted to the State Registrar monthly and
26    deposited into the Death Certificate Surcharge Fund. The

 

 

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1    local registrar or county clerk may charge fees for
2    providing other services for which the State Registrar may
3    charge fees under this Section.
4        A request to any custodian of vital records for a
5    search of the death record indexes for genealogical
6    research shall require a fee of $10 per name for a 5 year
7    search. An additional fee of $1 for each additional year
8    searched shall be required. If the requested record is
9    found, one uncertified copy shall be issued without
10    additional charge.
11        Any fee received by the State Registrar pursuant to
12    this Section which is of an insufficient amount may be
13    returned by the State Registrar upon his recording the
14    receipt of such fee and the reason for its return. The
15    State Registrar is authorized to maintain a 2 signature,
16    revolving checking account with a suitable commercial bank
17    for the purpose of depositing and withdrawing-for-return
18    cash received and determined insufficient for the service
19    requested.
20        No fee imposed under this Section may be assessed
21    against an organization chartered by Congress that
22    requests a certificate for the purpose of death
23    verification.
24        Any custodian of vital records, whether it may be the
25    Department of Public Health, a local registrar, or a
26    county clerk shall charge an additional $2 for each

 

 

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1    certified copy of a death certificate and that additional
2    fee shall be collected on behalf of the Department of
3    Financial and Professional Regulation for deposit into the
4    Cemetery Oversight Licensing and Disciplinary Fund.
5        (2) The certification of birth may contain only the
6    name, sex, date of birth, and place of birth, of the person
7    to whom it relates, the name, age and birthplace of the
8    parents, and the file number; and none of the other data on
9    the certificate of birth except as authorized under
10    subsection (5) of this Section.
11        (3) The certification of death shall contain only the
12    name, Social Security Number, sex, date of death, and
13    place of death of the person to whom it relates, and file
14    number; and none of the other data on the certificate of
15    death except as authorized under subsection (5) of this
16    Section.
17        (4) Certification or a certified copy of a certificate
18    shall be issued:
19            (a) Upon the order of a court of competent
20        jurisdiction; or
21            (b) In case of a birth certificate, upon the
22        specific written request for a certification or
23        certified copy by the person, if of legal age, by a
24        parent or other legal representative of the person to
25        whom the record of birth relates, or by a person having
26        a genealogical interest; or

 

 

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1            (c) Upon the specific written request for a
2        certification or certified copy by a department of the
3        state or a municipal corporation or the federal
4        government; or
5            (c-1) Upon the specific written request for a
6        certification or certified copy by a State's Attorney
7        for the purpose of a criminal prosecution; or
8            (d) In case of a death or fetal death certificate,
9        upon specific written request for a certified copy by
10        a person, or his duly authorized agent, having a
11        genealogical, personal or property right interest in
12        the record.
13        A genealogical interest shall be a proper purpose with
14    respect to births which occurred not less than 75 years
15    and deaths which occurred not less than 20 years prior to
16    the date of written request. Where the purpose of the
17    request is a genealogical interest, the custodian shall
18    stamp the certification or copy with the words, FOR
19    GENEALOGICAL PURPOSES ONLY.
20        (5) Any certification or certified copy issued
21    pursuant to this Section shall show the date of
22    registration; and copies issued from records marked
23    "delayed," "amended," or "court order" shall be similarly
24    marked and show the effective date.
25        (6) Any certification or certified copy of a
26    certificate issued in accordance with this Section shall

 

 

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1    be considered as prima facie evidence of the facts therein
2    stated, provided that the evidentiary value of a
3    certificate or record filed more than one year after the
4    event, or a record which has been amended, shall be
5    determined by the judicial or administrative body or
6    official before whom the certificate is offered as
7    evidence.
8        (7) Any certification or certified copy issued
9    pursuant to this Section shall be issued without charge
10    when the record is required by the United States Veterans
11    Administration or by any accredited veterans organization
12    to 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
15    Sections 1 and 2 of "An Act to provide for the furnishing
16    of copies of public documents to interested parties,"
17    approved May 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
22    for the cost of furnishing such data; and provided further
23    that such data shall not be used for other than
24    statistical purposes by the National Vital Statistics
25    Division, or any agency which may be substituted therefor,
26    unless so authorized by the State Registrar of Vital

 

 

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1    Records.
2        (9) Federal, State, local, and other public or private
3    agencies may, upon request, be furnished copies or data
4    for statistical purposes upon such terms or conditions as
5    may be prescribed by the Department.
6        (10) The State Registrar of Vital Records, at his
7    discretion and in the interest of promoting registration
8    of births, may issue, without fee, to the parents or
9    guardian of any or every child whose birth has been
10    registered in accordance with the provisions of this Act,
11    a special notice of registration of birth.
12        (11) No person shall prepare or issue any certificate
13    which purports to be an original, certified copy, or
14    certification of a certificate of birth, death, or fetal
15    death, except as authorized in this Act or regulations
16    adopted hereunder.
17        (12) A computer print-out of any record of birth,
18    death or fetal record that may be certified under this
19    Section may be used in place of such certification and
20    such computer print-out shall have the same legal force
21    and effect as a certified copy of the document.
22        (13) The State Registrar may verify from the
23    information contained in the index maintained by the State
24    Registrar the authenticity of information on births,
25    deaths, marriages and dissolution of marriages provided to
26    a federal agency or a public agency of another state by a

 

 

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1    person seeking benefits or employment from the agency,
2    provided the agency pays a fee of $10.
3        (14) The State Registrar may issue commemorative birth
4    certificates to persons eligible to receive birth
5    certificates under this Section upon the payment of a fee
6    to be determined by the State Registrar.
7(Source: P.A. 99-95, eff. 7-21-15; 100-42, eff. 1-1-18;
8100-724, eff. 8-3-18.)