Bill Text: IL SB1595 | 2023-2024 | 103rd General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Vital Records Act. In provisions concerning the search of death certificates for service members, replaces references to active duty or retired service members with references to active duty service members or veterans. Effective immediately.

Spectrum: Slight Partisan Bill (Democrat 18-6)

Status: (Passed) 2023-06-09 - Public Act . . . . . . . . . 103-0095 [SB1595 Detail]

Download: Illinois-2023-SB1595-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB1595 Introduced 2/8/2023, by Sen. Jason Plummer SYNOPSIS AS INTRODUCED:
410 ILCS 535/25 from Ch. 111 1/2, par. 73-25
Amends the Vital Records Act. In provisions concerning the search of death certificates for service members, replaces references to active duty or retired service members with references to active duty service members or veterans. Effective immediately.
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A BILL FOR
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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 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

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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

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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

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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 or
veteran 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 or veteran 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 or veteran's death certificate or
certification attesting that the death certificate of the
service member or veteran 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

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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

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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

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(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.

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(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

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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.)

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Section 99. Effective date. This Act takes effect upon
becoming law.