101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB2506
 
Introduced , by Rep. Jay Hoffman
 
SYNOPSIS AS INTRODUCED:

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

 Amends the Vital Records Act. Makes a technical change in a Section concerning fees.



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A BILL FOR
 


HB2506LRB101 08486 CPF 53563 b



1 AN ACT concerning health.


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
and 
8the
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 for 
15 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 found, 
6 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 not 
11 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 a 
14 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 receipt 
12 of a written request from any
applicant entitled to such 
13 search. If upon search the record requested
is found, such 
14 local registrar or county clerk shall furnish the applicant

15 one certification or certified copy of such record, under 
16 the seal of such
office, upon payment of the applicable 
17 fees. If the requested record is not
found, the local 
18 registrar or county
clerk shall furnish the applicant a 
19 certification attesting to that fact, if so
requested by 
20 the applicant and upon payment of applicable fee. The local

21 registrar or county clerk must charge a $2 fee for each 
22 certified copy of a
death certificate. The fee is in 
23 addition to any other fees that are charged
by the local 
24 registrar or county clerk. The additional fees must be

25 transmitted
to the State Registrar monthly and deposited 
26 into the Death Certificate
Surcharge Fund.
The local 
 
 
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1 registrar or county clerk may charge fees
for providing 
2 other services for which the State Registrar may charge 
3 fees
under this
Section.

4  A request to any custodian of vital records for a 
5 search of the death
record indexes for genealogical 
6 research shall require a fee of $10 per name
for a 5 year 
7 search. An additional fee of $1 for each additional year 
8 searched
shall be required. If the requested record is 
9 found, one uncertified copy
shall be issued without 
10 additional charge.

11  Any fee received by the State Registrar pursuant to 
12 this Section which
is of an insufficient amount may be 
13 returned by the State Registrar upon
his recording the 
14 receipt of such fee and the reason for its return. The

15 State Registrar is authorized to maintain a 2 signature, 
16 revolving checking
account with a suitable commercial bank 
17 for the purpose of depositing and
withdrawing-for-return 
18 cash received and determined insufficient for the
service 
19 requested.

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

23 verification.

24  Any custodian of vital records, whether it may be the 
25 Department of Public Health, a local registrar, or a county 
26 clerk shall charge an additional $2 for each certified copy 
 
 
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1 of a death certificate and that additional fee shall be 
2 collected on behalf of the Department of Financial and 
3 Professional Regulation for deposit into the Cemetery 
4 Oversight Licensing and Disciplinary Fund. 
5  (2) The certification of birth may contain only the 
6 name, sex,
date of birth, and place of birth, of the person 
7 to whom it relates, the
name, age and birthplace of the 
8 parents, and
the file number; and none of the other data on 
9 the certificate of birth
except as authorized under 
10 subsection (5) of this Section.

11  (3) The certification of death shall contain only the 
12 name, Social
Security Number, sex,
date of death, and place 
13 of death of the person to whom it relates, and
file number; 
14 and none of the other data on the certificate of death

15 except as authorized under subsection (5) of this 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 a 
9 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 and 
14 deaths which occurred not
less than 20 years prior to the 
15 date of written request. Where the purpose
of the request 
16 is a genealogical interest, the custodian shall stamp the

17 certification or copy with the words, FOR GENEALOGICAL 
18 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 be 
26 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 for 
21 the cost of furnishing such data; and provided further
that 
22 such data shall not be used for other than statistical 
23 purposes by
the National Vital Statistics Division, or any 
24 agency which may be
substituted therefor, unless so 
25 authorized by the State Registrar of
Vital 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 for 
2 statistical purposes upon
such terms or conditions as may 
3 be prescribed by the Department.

4  (10) The State Registrar of Vital Records, at his 
5 discretion and in
the interest of promoting registration of 
6 births, may issue, without
fee, to the parents or guardian 
7 of any or every child whose birth has
been registered in 
8 accordance with the provisions of this Act, a special

9 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, death 
16 or fetal record
that may be certified under this Section 
17 may be used
in place of such certification and such 
18 computer print-out shall have the
same legal force and 
19 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. 99-95, eff. 7-21-15; 100-42, eff. 1-1-18; 
6100-724, eff. 8-3-18.)