Full Text of HB2841 103rd General Assembly
HB2841eng 103RD GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning health.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Vital Records Act is amended by changing | 5 | | Section 25 and by adding Section 25.6 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
| 8 | | regulations 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 | | No fee imposed under this Section may be assessed | 17 | | against a victim of domestic violence as defined in the | 18 | | Illinois Domestic Violence Act of 1986. To qualify for the | 19 | | waiver of a fee, the person seeking the vital record must | 20 | | provide a certification letter as described in Section | 21 | | 25.6. | 22 | | Any custodian of vital records, whether it may be the | 23 | | Department of Public Health, a local registrar, or a | 24 | | county clerk shall charge an additional $2 for each | 25 | | certified copy of a death certificate and that additional | 26 | | fee shall be collected on behalf of the Department of |
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| 1 | | Financial and Professional Regulation for deposit into the | 2 | | Cemetery Oversight Licensing and Disciplinary Fund. | 3 | | (2) The certification of birth may contain only the | 4 | | name, sex,
date of birth, and place of birth, of the person | 5 | | to whom it relates, the
name, age and birthplace of the | 6 | | parents, and
the file number; and none of the other data on | 7 | | the certificate of birth
except as authorized under | 8 | | subsection (5) of this Section.
| 9 | | (3) The certification of death shall contain only the | 10 | | name, Social
Security Number, sex,
date of death, and | 11 | | place of death of the person to whom it relates, and
file | 12 | | number; and none of the other data on the certificate of | 13 | | death
except as authorized under subsection (5) of this | 14 | | Section.
| 15 | | (4) Certification or a certified copy of a certificate | 16 | | shall be issued:
| 17 | | (a) Upon the order of a court of competent | 18 | | jurisdiction; or
| 19 | | (b) In case of a birth certificate, upon the | 20 | | specific written
request for a certification or | 21 | | certified copy by the person, if of legal
age, by a | 22 | | parent or other legal representative of the person to | 23 | | whom the
record of birth relates, or by a person having | 24 | | a genealogical interest; or
| 25 | | (c) Upon the specific written request for a | 26 | | certification or certified
copy by a department of the |
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| 1 | | state or a municipal corporation or the federal
| 2 | | government; or
| 3 | | (c-1) Upon the specific written request for a | 4 | | certification or certified
copy by a State's Attorney | 5 | | for the purpose of a criminal prosecution; or | 6 | | (d) In case of a death or fetal death certificate, | 7 | | upon specific
written request for a certified copy by | 8 | | a person, or his duly authorized
agent, having a | 9 | | genealogical, personal or property right interest in
| 10 | | the record.
| 11 | | A genealogical interest shall be a proper purpose with | 12 | | respect to
births which occurred not less than 75 years | 13 | | and deaths which occurred not
less than 20 years prior to | 14 | | the date of written request. Where the purpose
of the | 15 | | request is a genealogical interest, the custodian shall | 16 | | stamp the
certification or copy with the words, FOR | 17 | | GENEALOGICAL PURPOSES ONLY.
| 18 | | (5) Any certification or certified copy issued | 19 | | pursuant to this
Section shall show the date of | 20 | | registration; and copies issued from
records marked | 21 | | "delayed," "amended," or "court order" shall be similarly
| 22 | | marked and show the effective date.
| 23 | | (6) Any certification or certified copy of a | 24 | | certificate issued in
accordance with this Section shall | 25 | | be considered as prima facie evidence
of the facts therein | 26 | | stated, provided that the evidentiary value of a
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| 1 | | certificate or record filed more than one year after the | 2 | | event, or a
record which has been amended, shall be | 3 | | determined by the judicial or
administrative body or | 4 | | official before whom the certificate is offered
as | 5 | | evidence.
| 6 | | (7) Any certification or certified copy issued | 7 | | pursuant to this
Section shall be issued without charge | 8 | | when the record is required by
the United States Veterans | 9 | | Administration or by any accredited veterans
organization | 10 | | to be used in determining the eligibility of any person to
| 11 | | participate in benefits available from such organization. | 12 | | Requests for
such copies must be in accordance with | 13 | | Sections 1 and 2 of "An Act to
provide for the furnishing | 14 | | of copies of public documents to interested
parties," | 15 | | approved May 17, 1935, as now or hereafter amended.
| 16 | | (8) The National Vital Statistics Division, or any | 17 | | agency which may
be substituted therefor, may be furnished | 18 | | such copies or data as it may
require for national | 19 | | statistics; provided that the State shall be
reimbursed | 20 | | for the cost of furnishing such data; and provided further
| 21 | | that such data shall not be used for other than | 22 | | statistical purposes by
the National Vital Statistics | 23 | | Division, or any agency which may be
substituted therefor, | 24 | | unless so authorized by the State Registrar of
Vital | 25 | | Records.
| 26 | | (9) Federal, State, local, and other public or private |
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| 1 | | agencies may,
upon request, be furnished copies or data | 2 | | for statistical purposes upon
such terms or conditions as | 3 | | may be prescribed by the Department.
| 4 | | (10) The State Registrar of Vital Records, at his | 5 | | discretion and in
the interest of promoting registration | 6 | | of births, may issue, without
fee, to the parents or | 7 | | guardian of any or every child whose birth has
been | 8 | | registered in accordance with the provisions of this Act, | 9 | | a special
notice of registration of birth.
| 10 | | (11) No person shall prepare or issue any certificate | 11 | | which purports
to be an original, certified copy, or | 12 | | certification of a certificate of
birth, death, or fetal | 13 | | death, except as authorized in this Act or
regulations | 14 | | adopted hereunder.
| 15 | | (12) A computer print-out of any record of birth, | 16 | | death or fetal record
that may be certified under this | 17 | | Section may be used
in place of such certification and | 18 | | such computer print-out shall have the
same legal force | 19 | | and effect as a certified copy of the document.
| 20 | | (13) The State Registrar may verify from the | 21 | | information contained in
the index maintained by the State | 22 | | Registrar the authenticity of information
on births, | 23 | | deaths, marriages and dissolution of marriages provided to | 24 | | a
federal agency or a public agency of another state by a | 25 | | person seeking
benefits or employment from the agency, | 26 | | provided the agency pays a fee of $10.
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| 1 | | (14) The State Registrar may issue commemorative birth | 2 | | certificates to
persons eligible to receive birth | 3 | | certificates under this Section upon the
payment of a fee | 4 | | to be determined by the State Registrar.
| 5 | | (Source: P.A. 102-739, eff. 1-1-23 .)
| 6 | | (410 ILCS 535/25.6 new) | 7 | | Sec. 25.6. Certification letter form. In order to seek a | 8 | | waiver of the fee for a copy of a vital record, the person | 9 | | seeking the record must provide the following certification | 10 | | letter: | 11 | | Certification Letter for Domestic Violence Waiver for Illinois | 12 | | Vital Records | 13 | | Full Name of Applicant:............................... | 14 | | Date of Birth:........................................ | 15 | | I,........................, certify, to the best of my | 16 | | knowledge and belief, that on the date listed below, the above | 17 | | named individual is a victim or child of a victim of domestic | 18 | | violence, as defined by Section 103 of the Illinois Domestic | 19 | | Violence Act of 1986 (750 ILCS 60/103), who is currently | 20 | | fleeing a dangerous living situation. I provide this | 21 | | certification in my capacity as (check one below): | 22 | | ( ) an advocate at a family violence center who | 23 | | assisted the victim; | 24 | | ( ) a licensed medical care or mental health provider; |
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| 1 | | ( ) the director of an emergency shelter or | 2 | | transitional housing; or | 3 | | ( ) the director of a transitional living program. | 4 | | Signature:.................Date:........................ | 5 | | Title:.....................Employer:.................... | 6 | | Email:.....................Phone:....................... | 7 | | Address:...................City:........................ | 8 | | State:.....................Zip:.........................
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