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

SB1411sam001 102ND GENERAL ASSEMBLY

Sen. Jason Plummer

Filed: 2/22/2022

 

 


 

 


 
10200SB1411sam001LRB102 11188 CPF 36220 a

1
AMENDMENT TO SENATE BILL 1411

2    AMENDMENT NO. ______. Amend Senate Bill 1411 by replacing
3everything after the enacting clause with the following:
 
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

 

 

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1    pardon from the Department of Corrections if the person
2    presents a prescribed verification form completed by the
3    Department of Corrections verifying the person's date of
4    birth and social security number, or (2) placed on
5    aftercare release under the Juvenile Court Act of 1987,
6    upon release on parole, mandatory supervised release,
7    final discharge, or pardon from the Department of Juvenile
8    Justice if the person presents a prescribed verification
9    form completed by the Department of Juvenile Justice
10    verifying the person's date of birth and social security
11    number; however, the person is entitled to only one search
12    fee waiver. If, upon search, the record requested is
13    found, the State Registrar shall furnish the applicant one
14    certification of such record, under the seal of such
15    office. If the request is for a certified copy of the
16    record an additional fee of $5 shall be required. An
17    additional fee for a certified copy of the record shall
18    not be required from a person (1) upon release on parole,
19    mandatory supervised release, final discharge, or pardon
20    from the Department of Corrections if the person presents
21    a prescribed verification form completed by the Department
22    of Corrections verifying the released person's date of
23    birth and social security number, or (2) placed on
24    aftercare release under the Juvenile Court Act of 1987,
25    upon release on parole, mandatory supervised release,
26    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
5    certified copy fee waiver. If the request is for a
6    certified copy of a death certificate or a fetal death
7    certificate, an additional fee of $2 is required. The
8    additional fee shall be deposited into the Death
9    Certificate Surcharge Fund. A further fee of $2 shall be
10    required for each additional certification or certified
11    copy requested. If the requested record is not found, the
12    State Registrar shall furnish the applicant a
13    certification attesting to that fact, if so requested by
14    the applicant. A further fee of $2 shall be required for
15    each additional certification that no record has been
16    found.
17        Any local registrar or county clerk shall search the
18    files of birth, death and fetal death records, upon
19    receipt of a written request from any applicant entitled
20    to such search. If upon search the record requested is
21    found, such local registrar or county clerk shall furnish
22    the applicant one certification or certified copy of such
23    record, under the seal of such office, upon payment of the
24    applicable fees. If the requested record is not found, the
25    local registrar or county clerk shall furnish the
26    applicant a certification attesting to that fact, if so

 

 

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1    requested by the applicant and upon payment of applicable
2    fee. The local registrar or county clerk must charge a $2
3    fee for each certified copy of a death certificate. The
4    fee is in addition to any other fees that are charged by
5    the local registrar or county clerk. The additional fees
6    must be transmitted to the State Registrar monthly and
7    deposited into the Death Certificate Surcharge Fund. The
8    local registrar or county clerk may charge fees for
9    providing other services for which the State Registrar may
10    charge fees under this Section.
11        Upon receipt of a written request from any applicant
12    entitled to such a search, a local registrar or county
13    clerk shall search available files for the death
14    certificate of an active duty or retired service member of
15    the United States military. If the death certificate
16    requested by the applicant is found, the local registrar
17    or county clerk shall furnish the applicant with one
18    certified copy of the death certificate, under the seal of
19    the local registrar's or county clerk's office, at no cost
20    to the applicant. If the requested death certificate of
21    the service member is not found, the local registrar or
22    county clerk shall furnish the applicant, at no cost, with
23    certification attesting to that fact if so requested by
24    the applicant. A local registrar or county clerk shall not
25    require a fee from the applicant of more than $6 for any
26    subsequent copy of the service member's death certificate

 

 

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1    or certification attesting that the death certificate of
2    the service member was not found.
3        A request to any custodian of vital records for a
4    search of the death record indexes for genealogical
5    research shall require a fee of $10 per name for a 5 year
6    search. An additional fee of $1 for each additional year
7    searched shall be required. If the requested record is
8    found, one uncertified copy shall be issued without
9    additional charge.
10        Any fee received by the State Registrar pursuant to
11    this Section which is of an insufficient amount may be
12    returned by the State Registrar upon his recording the
13    receipt of such fee and the reason for its return. The
14    State Registrar is authorized to maintain a 2 signature,
15    revolving checking account with a suitable commercial bank
16    for the purpose of depositing and withdrawing-for-return
17    cash received and determined insufficient for the service
18    requested.
19        No fee imposed under this Section may be assessed
20    against an organization chartered by Congress that
21    requests a certificate for the purpose of death
22    verification.
23        Any custodian of vital records, whether it may be the
24    Department of Public Health, a local registrar, or a
25    county clerk shall charge an additional $2 for each
26    certified copy of a death certificate and that additional

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1    provided the agency pays a fee of $10.
2        (14) The State Registrar may issue commemorative birth
3    certificates to persons eligible to receive birth
4    certificates under this Section upon the payment of a fee
5    to be determined by the State Registrar.
6(Source: P.A. 99-95, eff. 7-21-15; 100-42, eff. 1-1-18;
7100-724, eff. 8-3-18.)".