Public Act 103-0170
 
HB2841 EnrolledLRB103 27393 CPF 53765 b


  
    AN ACT concerning health.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. The Vital Records Act is amended  by changing 
Section 25 and by adding Section 25.6 as follows:
 


    (410 ILCS 535/25)  (from Ch. 111 1/2, par. 73-25)



    Sec. 25. In accordance with Section 24 of this Act, and the

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

    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 
    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 
    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.

        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

    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 
    local registrar or county clerk may charge fees
for 
    providing other services for which the State Registrar may 
    charge fees
under this
Section.

        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 
    found, one uncertified copy
shall be issued without 
    additional charge.

        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

    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.

        No fee imposed under this Section may be assessed 
    against an organization
chartered by Congress that 
    requests a certificate for the purpose of death

    verification.

        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 
    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.

        (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.

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

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

            (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

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

        government; or

            (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

        the record.

        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.

        (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

    marked and show the effective date.

        (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

    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.

        (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

    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.

        (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

    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.

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

        (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.

        (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.

        (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.

        (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.

        (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.

(Source: P.A. 102-739, eff. 1-1-23.)

 
    (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:
 
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;
        ( ) the director of an emergency shelter or 
    transitional housing; or 
        ( ) the director of a transitional living program. 
Signature:.................Date:........................ 
Title:.....................Employer:.................... 
Email:.....................Phone:....................... 
Address:...................City:........................ 
State:.....................Zip:.........................