Illinois General Assembly - Full Text of SB1411
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Full Text of SB1411  102nd General Assembly

SB1411enr 102ND GENERAL ASSEMBLY

  
  
  

 


 
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

 

 

SB1411 Enrolled- 2 -LRB102 11188 AWJ 16520 b

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

 

 

SB1411 Enrolled- 3 -LRB102 11188 AWJ 16520 b

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

 

 

SB1411 Enrolled- 4 -LRB102 11188 AWJ 16520 b

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

 

 

SB1411 Enrolled- 5 -LRB102 11188 AWJ 16520 b

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

 

 

SB1411 Enrolled- 6 -LRB102 11188 AWJ 16520 b

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,

 

 

SB1411 Enrolled- 7 -LRB102 11188 AWJ 16520 b

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

 

 

SB1411 Enrolled- 8 -LRB102 11188 AWJ 16520 b

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

 

 

SB1411 Enrolled- 9 -LRB102 11188 AWJ 16520 b

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.)