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Public Act 102-0739


 

Public Act 0739 102ND GENERAL ASSEMBLY

  
  
  

 


 
Public Act 102-0739
 
SB1411 EnrolledLRB102 11188 AWJ 16520 b

    AN ACT concerning local government.
 
    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 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.
        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. 99-95, eff. 7-21-15; 100-42, eff. 1-1-18;
100-724, eff. 8-3-18.)

Effective Date: 1/1/2023