HB2841 EnrolledLRB103 27393 CPF 53765 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 and by adding Section 25.6 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 the
8regulations 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        Upon receipt of a written request from any applicant
5    entitled to such a search, a local registrar or county
6    clerk shall search available files for the death
7    certificate of an active duty or retired service member of
8    the United States military. If the death certificate
9    requested by the applicant is found, the local registrar
10    or county clerk shall furnish the applicant with one
11    certified copy of the death certificate, under the seal of
12    the local registrar's or county clerk's office, at no cost
13    to the applicant. If the requested death certificate of
14    the service member is not found, the local registrar or
15    county clerk shall furnish the applicant, at no cost, with
16    certification attesting to that fact if so requested by
17    the applicant. A local registrar or county clerk shall not
18    require a fee from the applicant of more than $6 for any
19    subsequent copy of the service member's death certificate
20    or certification attesting that the death certificate of
21    the service member was not found.
22        A request to any custodian of vital records for a
23    search of the death record indexes for genealogical
24    research shall require a fee of $10 per name for a 5 year
25    search. An additional fee of $1 for each additional year
26    searched shall be required. If the requested record is

 

 

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1    found, one uncertified copy shall be issued without
2    additional charge.
3        Any fee received by the State Registrar pursuant to
4    this Section which is of an insufficient amount may be
5    returned by the State Registrar upon his recording the
6    receipt of such fee and the reason for its return. The
7    State Registrar is authorized to maintain a 2 signature,
8    revolving checking account with a suitable commercial bank
9    for the purpose of depositing and withdrawing-for-return
10    cash received and determined insufficient for the service
11    requested.
12        No fee imposed under this Section may be assessed
13    against an organization chartered by Congress that
14    requests a certificate for the purpose of death
15    verification.
16        No fee imposed under this Section may be assessed
17    against a victim of domestic violence as defined in the
18    Illinois Domestic Violence Act of 1986. To qualify for the
19    waiver of a fee, the person seeking the vital record must
20    provide a certification letter as described in Section
21    25.6.
22        Any custodian of vital records, whether it may be the
23    Department of Public Health, a local registrar, or a
24    county clerk shall charge an additional $2 for each
25    certified copy of a death certificate and that additional
26    fee shall be collected on behalf of the Department of

 

 

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

 

 

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

 

 

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1    certificate or record filed more than one year after the
2    event, or a record which has been amended, shall be
3    determined by the judicial or administrative body or
4    official before whom the certificate is offered as
5    evidence.
6        (7) Any certification or certified copy issued
7    pursuant to this Section shall be issued without charge
8    when the record is required by the United States Veterans
9    Administration or by any accredited veterans organization
10    to be used in determining the eligibility of any person to
11    participate in benefits available from such organization.
12    Requests for such copies must be in accordance with
13    Sections 1 and 2 of "An Act to provide for the furnishing
14    of copies of public documents to interested parties,"
15    approved May 17, 1935, as now or hereafter amended.
16        (8) The National Vital Statistics Division, or any
17    agency which may be substituted therefor, may be furnished
18    such copies or data as it may require for national
19    statistics; provided that the State shall be reimbursed
20    for the cost of furnishing such data; and provided further
21    that such data shall not be used for other than
22    statistical purposes by the National Vital Statistics
23    Division, or any agency which may be substituted therefor,
24    unless so authorized by the State Registrar of Vital
25    Records.
26        (9) Federal, State, local, and other public or private

 

 

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

 

 

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1        (14) The State Registrar may issue commemorative birth
2    certificates to persons eligible to receive birth
3    certificates under this Section upon the payment of a fee
4    to be determined by the State Registrar.
5(Source: P.A. 102-739, eff. 1-1-23.)
 
6    (410 ILCS 535/25.6 new)
7    Sec. 25.6. Certification letter form. In order to seek a
8waiver of the fee for a copy of a vital record, the person
9seeking the record must provide the following certification
10letter:
 
11
Certification Letter for Domestic Violence Waiver for Illinois
12
Vital Records
13Full Name of Applicant:...............................
14Date of Birth:........................................
15    I,........................, certify, to the best of my
16knowledge and belief, that on the date listed below, the above
17named individual is a victim or child of a victim of domestic
18violence, as defined by Section 103 of the Illinois Domestic
19Violence Act of 1986 (750 ILCS 60/103), who is currently
20fleeing a dangerous living situation. I provide this
21certification in my capacity as (check one below):
22        ( ) an advocate at a family violence center who
23    assisted the victim;
24        ( ) a licensed medical care or mental health provider;

 

 

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1        ( ) the director of an emergency shelter or
2    transitional housing; or
3        ( ) the director of a transitional living program.
4Signature:.................Date:........................ 
5Title:.....................Employer:.................... 
6Email:.....................Phone:....................... 
7Address:...................City:........................ 
8State:.....................Zip:.........................