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Public Act 103-0170
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| HB2841 Enrolled | LRB103 27393 CPF 53765 b |
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AN ACT concerning health.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Vital Records Act is amended by changing |
Section 25 and by adding Section 25.6 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 the
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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
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be required for commemorative birth certificates issued by |
the State
Registrar. A search fee shall not be required |
for a birth record search from a person (1) upon release on |
parole, mandatory supervised release, final discharge, or |
pardon from the Department of Corrections if the person |
presents a prescribed verification form completed by the |
Department of Corrections verifying the person's date of |
birth and social security number, or (2) placed on |
aftercare release under the Juvenile Court Act of 1987, |
upon release on parole, mandatory supervised release, |
final discharge, or pardon from the Department of Juvenile |
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Justice if the person presents a prescribed verification |
form completed by the Department of Juvenile Justice |
verifying the person's date of birth and social security |
number; however, the person is entitled to only one search |
fee waiver. 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. An |
additional fee for a certified copy of the record shall |
not be required from a person (1) upon release on parole, |
mandatory supervised release, final discharge, or pardon |
from the Department of Corrections if the person presents |
a prescribed verification form completed by the Department |
of Corrections verifying the released person's date of |
birth and social security number, or (2) placed on |
aftercare release under the Juvenile Court Act of 1987, |
upon release on parole, mandatory supervised release, |
final discharge, or pardon from the Department of Juvenile |
Justice if the person presents a prescribed verification |
form completed by the Department of Juvenile Justice |
verifying the person's date of birth and social security |
number; however, the person is entitled to only one |
certified copy fee waiver. 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 |
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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.
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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
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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 |
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local registrar or county clerk may charge fees
for |
providing other services for which the State Registrar may |
charge fees
under this
Section.
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Upon receipt of a written request from any applicant |
entitled to such a search, a local registrar or county |
clerk shall search available files for the death |
certificate of an active duty or retired service member of |
the United States military. If the death certificate |
requested by the applicant is found, the local registrar |
or county clerk shall furnish the applicant with one |
certified copy of the death certificate, under the seal of |
the local registrar's or county clerk's office, at no cost |
to the applicant. If the requested death certificate of |
the service member is not found, the local registrar or |
county clerk shall furnish the applicant, at no cost, with |
certification attesting to that fact if so requested by |
the applicant. A local registrar or county clerk shall not |
require a fee from the applicant of more than $6 for any |
subsequent copy of the service member's death certificate |
or certification attesting that the death certificate of |
the service member was not found. |
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 |
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found, one uncertified copy
shall be issued without |
additional charge.
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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
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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.
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No fee imposed under this Section may be assessed |
against an organization
chartered by Congress that |
requests a certificate for the purpose of death
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verification.
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No fee imposed under this Section may be assessed |
against a victim of domestic violence as defined in the |
Illinois Domestic Violence Act of 1986. To qualify for the |
waiver of a fee, the person seeking the vital record must |
provide a certification letter as described in Section |
25.6. |
Any custodian of vital records, whether it may be the |
Department of Public Health, a local registrar, or a |
county clerk shall charge an additional $2 for each |
certified copy of a death certificate and that additional |
fee shall be collected on behalf of the Department of |
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Financial and Professional Regulation for deposit into the |
Cemetery Oversight Licensing and Disciplinary Fund. |
(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.
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(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.
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(4) Certification or a certified copy of a certificate |
shall be issued:
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(a) Upon the order of a court of competent |
jurisdiction; or
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(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
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(c) Upon the specific written request for a |
certification or certified
copy by a department of the |
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state or a municipal corporation or the federal
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government; or
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(c-1) Upon the specific written request for a |
certification or certified
copy by a State's Attorney |
for the purpose of a criminal prosecution; 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
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the record.
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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.
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(5) Any certification or certified copy issued |
pursuant to this
Section shall show the date of |
registration; and copies issued from
records marked |
"delayed," "amended," or "court order" shall be similarly
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marked and show the effective date.
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(6) Any certification or certified copy of a |
certificate issued in
accordance with this Section shall |
be considered as prima facie evidence
of the facts therein |
stated, provided that the evidentiary value of a
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certificate or record filed more than one year after the |
event, or a
record which has been amended, shall be |
determined by the judicial or
administrative body or |
official before whom the certificate is offered
as |
evidence.
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(7) Any certification or certified copy issued |
pursuant to this
Section shall be issued without charge |
when the record is required by
the United States Veterans |
Administration or by any accredited veterans
organization |
to be used in determining the eligibility of any person to
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participate in benefits available from such organization. |
Requests for
such copies must be in accordance with |
Sections 1 and 2 of "An Act to
provide for the furnishing |
of copies of public documents to interested
parties," |
approved May 17, 1935, as now or hereafter amended.
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(8) The National Vital Statistics Division, or any |
agency which may
be substituted therefor, may be furnished |
such copies or data as it may
require for national |
statistics; provided that the State shall be
reimbursed |
for the cost of furnishing such data; and provided further
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that such data shall not be used for other than |
statistical purposes by
the National Vital Statistics |
Division, or any agency which may be
substituted therefor, |
unless so authorized by the State Registrar of
Vital |
Records.
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(9) Federal, State, local, and other public or private |
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agencies may,
upon request, be furnished copies or data |
for statistical purposes upon
such terms or conditions as |
may be prescribed by the Department.
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(10) The State Registrar of Vital Records, at his |
discretion and in
the interest of promoting registration |
of births, may issue, without
fee, to the parents or |
guardian of any or every child whose birth has
been |
registered in accordance with the provisions of this Act, |
a special
notice of registration of birth.
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(11) No person shall prepare or issue any certificate |
which purports
to be an original, certified copy, or |
certification of a certificate of
birth, death, or fetal |
death, except as authorized in this Act or
regulations |
adopted hereunder.
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(12) A computer print-out of any record of birth, |
death or fetal record
that may be certified under this |
Section may be used
in place of such certification and |
such computer print-out shall have the
same legal force |
and effect as a certified copy of the document.
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(13) The State Registrar may verify from the |
information contained in
the index maintained by the State |
Registrar the authenticity of information
on births, |
deaths, marriages and dissolution of marriages provided to |
a
federal agency or a public agency of another state by a |
person seeking
benefits or employment from the agency, |
provided the agency pays a fee of $10.
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(14) The State Registrar may issue commemorative birth |
certificates to
persons eligible to receive birth |
certificates under this Section upon the
payment of a fee |
to be determined by the State Registrar.
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(Source: P.A. 102-739, eff. 1-1-23.)
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(410 ILCS 535/25.6 new) |
Sec. 25.6. Certification letter form. In order to seek a |
waiver of the fee for a copy of a vital record, the person |
seeking the record must provide the following certification |
letter:
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Certification Letter for Domestic Violence Waiver for Illinois |
Vital Records |
Full Name of Applicant:............................... |
Date of Birth:........................................ |
I,........................, certify, to the best of my |
knowledge and belief, that on the date listed below, the above |
named individual is a victim or child of a victim of domestic |
violence, as defined by Section 103 of the Illinois Domestic |
Violence Act of 1986 (750 ILCS 60/103), who is currently |
fleeing a dangerous living situation. I provide this |
certification in my capacity as (check one below): |
( ) an advocate at a family violence center who |
assisted the victim; |
( ) a licensed medical care or mental health provider; |