SB1411 EnrolledLRB102 11188 AWJ 16520 b


  
1    AN ACT concerning local government.
  
 
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 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        Any custodian of vital records, whether it may be the 
17    Department of Public Health, a local registrar, or a 
18    county clerk shall charge an additional $2 for each 
19    certified copy of a death certificate and that additional 
20    fee shall be collected on behalf of the Department of 
21    Financial and Professional Regulation for deposit into the 
22    Cemetery Oversight Licensing and Disciplinary Fund. 
23        (2) The certification of birth may contain only the 
24    name, sex,
date of birth, and place of birth, of the person 
25    to whom it relates, the
name, age and birthplace of the 
26    parents, and
the file number; and none of the other data on 
 
 
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1    the certificate of birth
except as authorized under 
2    subsection (5) of this Section.

3        (3) The certification of death shall contain only the 
4    name, Social
Security Number, sex,
date of death, and 
5    place of death of the person to whom it relates, and
file 
6    number; and none of the other data on the certificate of 
7    death
except as authorized under subsection (5) of this 
8    Section.

9        (4) Certification or a certified copy of a certificate 
10    shall be issued:

11            (a) Upon the order of a court of competent 
12        jurisdiction; or

13            (b) In case of a birth certificate, upon the 
14        specific written
request for a certification or 
15        certified copy by the person, if of legal
age, by a 
16        parent or other legal representative of the person to 
17        whom the
record of birth relates, or by a person having 
18        a genealogical interest; or

19            (c) Upon the specific written request for a 
20        certification or certified
copy by a department of the 
21        state or a municipal corporation or the federal

22        government; or

23            (c-1) Upon the specific written request for a 
24        certification or certified
copy by a State's Attorney 
25        for the purpose of a criminal prosecution; or 
26            (d) In case of a death or fetal death certificate, 
 
 
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1        upon specific
written request for a certified copy by 
2        a person, or his duly authorized
agent, having a 
3        genealogical, personal or property right interest in

4        the record.

5        A genealogical interest shall be a proper purpose with 
6    respect to
births which occurred not less than 75 years 
7    and deaths which occurred not
less than 20 years prior to 
8    the date of written request.  Where the purpose
of the 
9    request is a genealogical interest, the custodian shall 
10    stamp the
certification or copy with the words, FOR 
11    GENEALOGICAL PURPOSES ONLY.

12        (5) Any certification or certified copy issued 
13    pursuant to this
Section shall show the date of 
14    registration; and copies issued from
records marked 
15    "delayed," "amended," or "court order" shall be similarly

16    marked and show the effective date.

17        (6) Any certification or certified copy of a 
18    certificate issued in
accordance with this Section shall 
19    be considered as prima facie evidence
of the facts therein 
20    stated, provided that the evidentiary value of a

21    certificate or record filed more than one year after the 
22    event, or a
record which has been amended, shall be 
23    determined by the judicial or
administrative body or 
24    official before whom the certificate is offered
as 
25    evidence.

26        (7) Any certification or certified copy issued 
 
 
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1    pursuant to this
Section shall be issued without charge 
2    when the record is required by
the United States Veterans 
3    Administration or by any accredited veterans
organization 
4    to be used in determining the eligibility of any person to

5    participate in benefits available from such organization.  
6    Requests for
such copies must be in accordance with 
7    Sections 1 and 2 of "An Act to
provide for the furnishing 
8    of copies of public documents to interested
parties," 
9    approved May 17, 1935, as now or hereafter amended.

10        (8) The National Vital Statistics Division, or any 
11    agency which may
be substituted therefor, may be furnished 
12    such copies or data as it may
require for national 
13    statistics; provided that the State shall be
reimbursed 
14    for the cost of furnishing such data; and provided further

15    that such data shall not be used for other than 
16    statistical purposes by
the National Vital Statistics 
17    Division, or any agency which may be
substituted therefor, 
18    unless so authorized by the State Registrar of
Vital 
19    Records.

20        (9) Federal, State, local, and other public or private 
21    agencies may,
upon request, be furnished copies or data 
22    for statistical purposes upon
such terms or conditions as 
23    may be prescribed by the Department.

24        (10) The State Registrar of Vital Records, at his 
25    discretion and in
the interest of promoting registration 
26    of births, may issue, without
fee, to the parents or 
 
 
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1    guardian of any or every child whose birth has
been 
2    registered in accordance with the provisions of this Act, 
3    a special
notice of registration of birth.

4        (11) No person shall prepare or issue any certificate 
5    which purports
to be an original, certified copy, or 
6    certification of a certificate of
birth, death, or fetal 
7    death, except as authorized in this Act or
regulations 
8    adopted hereunder.

9        (12) A computer print-out of any record of birth, 
10    death or fetal record
that may be certified under this 
11    Section may be used
in place of such certification and 
12    such computer print-out shall have the
same legal force 
13    and effect as a certified copy of the document.

14        (13) The State Registrar may verify from the 
15    information contained in
the index maintained by the State 
16    Registrar the authenticity of information
on births, 
17    deaths, marriages and dissolution of marriages provided to 
18    a
federal agency or a public agency of another state by a 
19    person seeking
benefits or employment from the agency, 
20    provided the agency pays a fee of $10.

21        (14) The State Registrar may issue commemorative birth 
22    certificates to
persons eligible to receive birth 
23    certificates under this Section upon the
payment of a fee 
24    to be determined by the State Registrar.

25(Source: P.A. 99-95, eff. 7-21-15; 100-42, eff. 1-1-18; 
26100-724, eff. 8-3-18.)