Illinois 2023-2024 Regular Session

Illinois House Bill HB2841 Compare Versions

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1-Public Act 103-0170
21 HB2841 EnrolledLRB103 27393 CPF 53765 b HB2841 Enrolled LRB103 27393 CPF 53765 b
32 HB2841 Enrolled LRB103 27393 CPF 53765 b
4-AN ACT concerning health.
5-Be it enacted by the People of the State of Illinois,
6-represented in the General Assembly:
7-Section 5. The Vital Records Act is amended by changing
8-Section 25 and by adding Section 25.6 as follows:
9-(410 ILCS 535/25) (from Ch. 111 1/2, par. 73-25)
10-Sec. 25. In accordance with Section 24 of this Act, and the
11-regulations adopted pursuant thereto:
12-(1) The State Registrar of Vital Records shall search
13-the files of birth, death, and fetal death records, upon
14-receipt of a written request and a fee of $10 from any
15-applicant entitled to such search. A search fee shall not
16-be required for commemorative birth certificates issued by
17-the State Registrar. A search fee shall not be required
18-for a birth record search from a person (1) upon release on
19-parole, mandatory supervised release, final discharge, or
20-pardon from the Department of Corrections if the person
21-presents a prescribed verification form completed by the
22-Department of Corrections verifying the person's date of
23-birth and social security number, or (2) placed on
24-aftercare release under the Juvenile Court Act of 1987,
25-upon release on parole, mandatory supervised release,
26-final discharge, or pardon from the Department of Juvenile
3+1 AN ACT concerning health.
4+2 Be it enacted by the People of the State of Illinois,
5+3 represented in the General Assembly:
6+4 Section 5. The Vital Records Act is amended by changing
7+5 Section 25 and by adding Section 25.6 as follows:
8+6 (410 ILCS 535/25) (from Ch. 111 1/2, par. 73-25)
9+7 Sec. 25. In accordance with Section 24 of this Act, and the
10+8 regulations adopted pursuant thereto:
11+9 (1) The State Registrar of Vital Records shall search
12+10 the files of birth, death, and fetal death records, upon
13+11 receipt of a written request and a fee of $10 from any
14+12 applicant entitled to such search. A search fee shall not
15+13 be required for commemorative birth certificates issued by
16+14 the State Registrar. A search fee shall not be required
17+15 for a birth record search from a person (1) upon release on
18+16 parole, mandatory supervised release, final discharge, or
19+17 pardon from the Department of Corrections if the person
20+18 presents a prescribed verification form completed by the
21+19 Department of Corrections verifying the person's date of
22+20 birth and social security number, or (2) placed on
23+21 aftercare release under the Juvenile Court Act of 1987,
24+22 upon release on parole, mandatory supervised release,
25+23 final discharge, or pardon from the Department of Juvenile
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33-Justice if the person presents a prescribed verification
34-form completed by the Department of Juvenile Justice
35-verifying the person's date of birth and social security
36-number; however, the person is entitled to only one search
37-fee waiver. If, upon search, the record requested is
38-found, the State Registrar shall furnish the applicant one
39-certification of such record, under the seal of such
40-office. If the request is for a certified copy of the
41-record an additional fee of $5 shall be required. An
42-additional fee for a certified copy of the record shall
43-not be required from a person (1) upon release on parole,
44-mandatory supervised release, final discharge, or pardon
45-from the Department of Corrections if the person presents
46-a prescribed verification form completed by the Department
47-of Corrections verifying the released person's date of
48-birth and social security number, or (2) placed on
49-aftercare release under the Juvenile Court Act of 1987,
50-upon release on parole, mandatory supervised release,
51-final discharge, or pardon from the Department of Juvenile
52-Justice if the person presents a prescribed verification
53-form completed by the Department of Juvenile Justice
54-verifying the person's date of birth and social security
55-number; however, the person is entitled to only one
56-certified copy fee waiver. If the request is for a
57-certified copy of a death certificate or a fetal death
58-certificate, an additional fee of $2 is required. The
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34+1 Justice if the person presents a prescribed verification
35+2 form completed by the Department of Juvenile Justice
36+3 verifying the person's date of birth and social security
37+4 number; however, the person is entitled to only one search
38+5 fee waiver. If, upon search, the record requested is
39+6 found, the State Registrar shall furnish the applicant one
40+7 certification of such record, under the seal of such
41+8 office. If the request is for a certified copy of the
42+9 record an additional fee of $5 shall be required. An
43+10 additional fee for a certified copy of the record shall
44+11 not be required from a person (1) upon release on parole,
45+12 mandatory supervised release, final discharge, or pardon
46+13 from the Department of Corrections if the person presents
47+14 a prescribed verification form completed by the Department
48+15 of Corrections verifying the released person's date of
49+16 birth and social security number, or (2) placed on
50+17 aftercare release under the Juvenile Court Act of 1987,
51+18 upon release on parole, mandatory supervised release,
52+19 final discharge, or pardon from the Department of Juvenile
53+20 Justice if the person presents a prescribed verification
54+21 form completed by the Department of Juvenile Justice
55+22 verifying the person's date of birth and social security
56+23 number; however, the person is entitled to only one
57+24 certified copy fee waiver. If the request is for a
58+25 certified copy of a death certificate or a fetal death
59+26 certificate, an additional fee of $2 is required. The
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61-additional fee shall be deposited into the Death
62-Certificate Surcharge Fund. A further fee of $2 shall be
63-required for each additional certification or certified
64-copy requested. If the requested record is not found, the
65-State Registrar shall furnish the applicant a
66-certification attesting to that fact, if so requested by
67-the applicant. A further fee of $2 shall be required for
68-each additional certification that no record has been
69-found.
70-Any local registrar or county clerk shall search the
71-files of birth, death and fetal death records, upon
72-receipt of a written request from any applicant entitled
73-to such search. If upon search the record requested is
74-found, such local registrar or county clerk shall furnish
75-the applicant one certification or certified copy of such
76-record, under the seal of such office, upon payment of the
77-applicable fees. If the requested record is not found, the
78-local registrar or county clerk shall furnish the
79-applicant a certification attesting to that fact, if so
80-requested by the applicant and upon payment of applicable
81-fee. The local registrar or county clerk must charge a $2
82-fee for each certified copy of a death certificate. The
83-fee is in addition to any other fees that are charged by
84-the local registrar or county clerk. The additional fees
85-must be transmitted to the State Registrar monthly and
86-deposited into the Death Certificate Surcharge Fund. The
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89-local registrar or county clerk may charge fees for
90-providing other services for which the State Registrar may
91-charge fees under this Section.
92-Upon receipt of a written request from any applicant
93-entitled to such a search, a local registrar or county
94-clerk shall search available files for the death
95-certificate of an active duty or retired service member of
96-the United States military. If the death certificate
97-requested by the applicant is found, the local registrar
98-or county clerk shall furnish the applicant with one
99-certified copy of the death certificate, under the seal of
100-the local registrar's or county clerk's office, at no cost
101-to the applicant. If the requested death certificate of
102-the service member is not found, the local registrar or
103-county clerk shall furnish the applicant, at no cost, with
104-certification attesting to that fact if so requested by
105-the applicant. A local registrar or county clerk shall not
106-require a fee from the applicant of more than $6 for any
107-subsequent copy of the service member's death certificate
108-or certification attesting that the death certificate of
109-the service member was not found.
110-A request to any custodian of vital records for a
111-search of the death record indexes for genealogical
112-research shall require a fee of $10 per name for a 5 year
113-search. An additional fee of $1 for each additional year
114-searched shall be required. If the requested record is
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117-found, one uncertified copy shall be issued without
118-additional charge.
119-Any fee received by the State Registrar pursuant to
120-this Section which is of an insufficient amount may be
121-returned by the State Registrar upon his recording the
122-receipt of such fee and the reason for its return. The
123-State Registrar is authorized to maintain a 2 signature,
124-revolving checking account with a suitable commercial bank
125-for the purpose of depositing and withdrawing-for-return
126-cash received and determined insufficient for the service
127-requested.
128-No fee imposed under this Section may be assessed
129-against an organization chartered by Congress that
130-requests a certificate for the purpose of death
131-verification.
132-No fee imposed under this Section may be assessed
133-against a victim of domestic violence as defined in the
134-Illinois Domestic Violence Act of 1986. To qualify for the
135-waiver of a fee, the person seeking the vital record must
136-provide a certification letter as described in Section
137-25.6.
138-Any custodian of vital records, whether it may be the
139-Department of Public Health, a local registrar, or a
140-county clerk shall charge an additional $2 for each
141-certified copy of a death certificate and that additional
142-fee shall be collected on behalf of the Department of
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70+1 additional fee shall be deposited into the Death
71+2 Certificate Surcharge Fund. A further fee of $2 shall be
72+3 required for each additional certification or certified
73+4 copy requested. If the requested record is not found, the
74+5 State Registrar shall furnish the applicant a
75+6 certification attesting to that fact, if so requested by
76+7 the applicant. A further fee of $2 shall be required for
77+8 each additional certification that no record has been
78+9 found.
79+10 Any local registrar or county clerk shall search the
80+11 files of birth, death and fetal death records, upon
81+12 receipt of a written request from any applicant entitled
82+13 to such search. If upon search the record requested is
83+14 found, such local registrar or county clerk shall furnish
84+15 the applicant one certification or certified copy of such
85+16 record, under the seal of such office, upon payment of the
86+17 applicable fees. If the requested record is not found, the
87+18 local registrar or county clerk shall furnish the
88+19 applicant a certification attesting to that fact, if so
89+20 requested by the applicant and upon payment of applicable
90+21 fee. The local registrar or county clerk must charge a $2
91+22 fee for each certified copy of a death certificate. The
92+23 fee is in addition to any other fees that are charged by
93+24 the local registrar or county clerk. The additional fees
94+25 must be transmitted to the State Registrar monthly and
95+26 deposited into the Death Certificate Surcharge Fund. The
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145-Financial and Professional Regulation for deposit into the
146-Cemetery Oversight Licensing and Disciplinary Fund.
147-(2) The certification of birth may contain only the
148-name, sex, date of birth, and place of birth, of the person
149-to whom it relates, the name, age and birthplace of the
150-parents, and the file number; and none of the other data on
151-the certificate of birth except as authorized under
152-subsection (5) of this Section.
153-(3) The certification of death shall contain only the
154-name, Social Security Number, sex, date of death, and
155-place of death of the person to whom it relates, and file
156-number; and none of the other data on the certificate of
157-death except as authorized under subsection (5) of this
158-Section.
159-(4) Certification or a certified copy of a certificate
160-shall be issued:
161-(a) Upon the order of a court of competent
162-jurisdiction; or
163-(b) In case of a birth certificate, upon the
164-specific written request for a certification or
165-certified copy by the person, if of legal age, by a
166-parent or other legal representative of the person to
167-whom the record of birth relates, or by a person having
168-a genealogical interest; or
169-(c) Upon the specific written request for a
170-certification or certified copy by a department of the
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173-state or a municipal corporation or the federal
174-government; or
175-(c-1) Upon the specific written request for a
176-certification or certified copy by a State's Attorney
177-for the purpose of a criminal prosecution; or
178-(d) In case of a death or fetal death certificate,
179-upon specific written request for a certified copy by
180-a person, or his duly authorized agent, having a
181-genealogical, personal or property right interest in
182-the record.
183-A genealogical interest shall be a proper purpose with
184-respect to births which occurred not less than 75 years
185-and deaths which occurred not less than 20 years prior to
186-the date of written request. Where the purpose of the
187-request is a genealogical interest, the custodian shall
188-stamp the certification or copy with the words, FOR
189-GENEALOGICAL PURPOSES ONLY.
190-(5) Any certification or certified copy issued
191-pursuant to this Section shall show the date of
192-registration; and copies issued from records marked
193-"delayed," "amended," or "court order" shall be similarly
194-marked and show the effective date.
195-(6) Any certification or certified copy of a
196-certificate issued in accordance with this Section shall
197-be considered as prima facie evidence of the facts therein
198-stated, provided that the evidentiary value of a
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201-certificate or record filed more than one year after the
202-event, or a record which has been amended, shall be
203-determined by the judicial or administrative body or
204-official before whom the certificate is offered as
205-evidence.
206-(7) Any certification or certified copy issued
207-pursuant to this Section shall be issued without charge
208-when the record is required by the United States Veterans
209-Administration or by any accredited veterans organization
210-to be used in determining the eligibility of any person to
211-participate in benefits available from such organization.
212-Requests for such copies must be in accordance with
213-Sections 1 and 2 of "An Act to provide for the furnishing
214-of copies of public documents to interested parties,"
215-approved May 17, 1935, as now or hereafter amended.
216-(8) The National Vital Statistics Division, or any
217-agency which may be substituted therefor, may be furnished
218-such copies or data as it may require for national
219-statistics; provided that the State shall be reimbursed
220-for the cost of furnishing such data; and provided further
221-that such data shall not be used for other than
222-statistical purposes by the National Vital Statistics
223-Division, or any agency which may be substituted therefor,
224-unless so authorized by the State Registrar of Vital
225-Records.
226-(9) Federal, State, local, and other public or private
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106+1 local registrar or county clerk may charge fees for
107+2 providing other services for which the State Registrar may
108+3 charge fees under this Section.
109+4 Upon receipt of a written request from any applicant
110+5 entitled to such a search, a local registrar or county
111+6 clerk shall search available files for the death
112+7 certificate of an active duty or retired service member of
113+8 the United States military. If the death certificate
114+9 requested by the applicant is found, the local registrar
115+10 or county clerk shall furnish the applicant with one
116+11 certified copy of the death certificate, under the seal of
117+12 the local registrar's or county clerk's office, at no cost
118+13 to the applicant. If the requested death certificate of
119+14 the service member is not found, the local registrar or
120+15 county clerk shall furnish the applicant, at no cost, with
121+16 certification attesting to that fact if so requested by
122+17 the applicant. A local registrar or county clerk shall not
123+18 require a fee from the applicant of more than $6 for any
124+19 subsequent copy of the service member's death certificate
125+20 or certification attesting that the death certificate of
126+21 the service member was not found.
127+22 A request to any custodian of vital records for a
128+23 search of the death record indexes for genealogical
129+24 research shall require a fee of $10 per name for a 5 year
130+25 search. An additional fee of $1 for each additional year
131+26 searched shall be required. If the requested record is
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229-agencies may, upon request, be furnished copies or data
230-for statistical purposes upon such terms or conditions as
231-may be prescribed by the Department.
232-(10) The State Registrar of Vital Records, at his
233-discretion and in the interest of promoting registration
234-of births, may issue, without fee, to the parents or
235-guardian of any or every child whose birth has been
236-registered in accordance with the provisions of this Act,
237-a special notice of registration of birth.
238-(11) No person shall prepare or issue any certificate
239-which purports to be an original, certified copy, or
240-certification of a certificate of birth, death, or fetal
241-death, except as authorized in this Act or regulations
242-adopted hereunder.
243-(12) A computer print-out of any record of birth,
244-death or fetal record that may be certified under this
245-Section may be used in place of such certification and
246-such computer print-out shall have the same legal force
247-and effect as a certified copy of the document.
248-(13) The State Registrar may verify from the
249-information contained in the index maintained by the State
250-Registrar the authenticity of information on births,
251-deaths, marriages and dissolution of marriages provided to
252-a federal agency or a public agency of another state by a
253-person seeking benefits or employment from the agency,
254-provided the agency pays a fee of $10.
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257-(14) The State Registrar may issue commemorative birth
258-certificates to persons eligible to receive birth
259-certificates under this Section upon the payment of a fee
260-to be determined by the State Registrar.
261-(Source: P.A. 102-739, eff. 1-1-23.)
262-(410 ILCS 535/25.6 new)
263-Sec. 25.6. Certification letter form. In order to seek a
264-waiver of the fee for a copy of a vital record, the person
265-seeking the record must provide the following certification
266-letter:
267-Certification Letter for Domestic Violence Waiver for Illinois
268-Vital Records
269-Full Name of Applicant:...............................
270-Date of Birth:........................................
271-I,........................, certify, to the best of my
272-knowledge and belief, that on the date listed below, the above
273-named individual is a victim or child of a victim of domestic
274-violence, as defined by Section 103 of the Illinois Domestic
275-Violence Act of 1986 (750 ILCS 60/103), who is currently
276-fleeing a dangerous living situation. I provide this
277-certification in my capacity as (check one below):
278-( ) an advocate at a family violence center who
279-assisted the victim;
280-( ) a licensed medical care or mental health provider;
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283-( ) the director of an emergency shelter or
284-transitional housing; or
285-( ) the director of a transitional living program.
286-Signature:.................Date:........................
287-Title:.....................Employer:....................
288-Email:.....................Phone:.......................
289-Address:...................City:........................
290-State:.....................Zip:.........................
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142+1 found, one uncertified copy shall be issued without
143+2 additional charge.
144+3 Any fee received by the State Registrar pursuant to
145+4 this Section which is of an insufficient amount may be
146+5 returned by the State Registrar upon his recording the
147+6 receipt of such fee and the reason for its return. The
148+7 State Registrar is authorized to maintain a 2 signature,
149+8 revolving checking account with a suitable commercial bank
150+9 for the purpose of depositing and withdrawing-for-return
151+10 cash received and determined insufficient for the service
152+11 requested.
153+12 No fee imposed under this Section may be assessed
154+13 against an organization chartered by Congress that
155+14 requests a certificate for the purpose of death
156+15 verification.
157+16 No fee imposed under this Section may be assessed
158+17 against a victim of domestic violence as defined in the
159+18 Illinois Domestic Violence Act of 1986. To qualify for the
160+19 waiver of a fee, the person seeking the vital record must
161+20 provide a certification letter as described in Section
162+21 25.6.
163+22 Any custodian of vital records, whether it may be the
164+23 Department of Public Health, a local registrar, or a
165+24 county clerk shall charge an additional $2 for each
166+25 certified copy of a death certificate and that additional
167+26 fee shall be collected on behalf of the Department of
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178+1 Financial and Professional Regulation for deposit into the
179+2 Cemetery Oversight Licensing and Disciplinary Fund.
180+3 (2) The certification of birth may contain only the
181+4 name, sex, date of birth, and place of birth, of the person
182+5 to whom it relates, the name, age and birthplace of the
183+6 parents, and the file number; and none of the other data on
184+7 the certificate of birth except as authorized under
185+8 subsection (5) of this Section.
186+9 (3) The certification of death shall contain only the
187+10 name, Social Security Number, sex, date of death, and
188+11 place of death of the person to whom it relates, and file
189+12 number; and none of the other data on the certificate of
190+13 death except as authorized under subsection (5) of this
191+14 Section.
192+15 (4) Certification or a certified copy of a certificate
193+16 shall be issued:
194+17 (a) Upon the order of a court of competent
195+18 jurisdiction; or
196+19 (b) In case of a birth certificate, upon the
197+20 specific written request for a certification or
198+21 certified copy by the person, if of legal age, by a
199+22 parent or other legal representative of the person to
200+23 whom the record of birth relates, or by a person having
201+24 a genealogical interest; or
202+25 (c) Upon the specific written request for a
203+26 certification or certified copy by a department of the
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214+1 state or a municipal corporation or the federal
215+2 government; or
216+3 (c-1) Upon the specific written request for a
217+4 certification or certified copy by a State's Attorney
218+5 for the purpose of a criminal prosecution; or
219+6 (d) In case of a death or fetal death certificate,
220+7 upon specific written request for a certified copy by
221+8 a person, or his duly authorized agent, having a
222+9 genealogical, personal or property right interest in
223+10 the record.
224+11 A genealogical interest shall be a proper purpose with
225+12 respect to births which occurred not less than 75 years
226+13 and deaths which occurred not less than 20 years prior to
227+14 the date of written request. Where the purpose of the
228+15 request is a genealogical interest, the custodian shall
229+16 stamp the certification or copy with the words, FOR
230+17 GENEALOGICAL PURPOSES ONLY.
231+18 (5) Any certification or certified copy issued
232+19 pursuant to this Section shall show the date of
233+20 registration; and copies issued from records marked
234+21 "delayed," "amended," or "court order" shall be similarly
235+22 marked and show the effective date.
236+23 (6) Any certification or certified copy of a
237+24 certificate issued in accordance with this Section shall
238+25 be considered as prima facie evidence of the facts therein
239+26 stated, provided that the evidentiary value of a
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250+1 certificate or record filed more than one year after the
251+2 event, or a record which has been amended, shall be
252+3 determined by the judicial or administrative body or
253+4 official before whom the certificate is offered as
254+5 evidence.
255+6 (7) Any certification or certified copy issued
256+7 pursuant to this Section shall be issued without charge
257+8 when the record is required by the United States Veterans
258+9 Administration or by any accredited veterans organization
259+10 to be used in determining the eligibility of any person to
260+11 participate in benefits available from such organization.
261+12 Requests for such copies must be in accordance with
262+13 Sections 1 and 2 of "An Act to provide for the furnishing
263+14 of copies of public documents to interested parties,"
264+15 approved May 17, 1935, as now or hereafter amended.
265+16 (8) The National Vital Statistics Division, or any
266+17 agency which may be substituted therefor, may be furnished
267+18 such copies or data as it may require for national
268+19 statistics; provided that the State shall be reimbursed
269+20 for the cost of furnishing such data; and provided further
270+21 that such data shall not be used for other than
271+22 statistical purposes by the National Vital Statistics
272+23 Division, or any agency which may be substituted therefor,
273+24 unless so authorized by the State Registrar of Vital
274+25 Records.
275+26 (9) Federal, State, local, and other public or private
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286+1 agencies may, upon request, be furnished copies or data
287+2 for statistical purposes upon such terms or conditions as
288+3 may be prescribed by the Department.
289+4 (10) The State Registrar of Vital Records, at his
290+5 discretion and in the interest of promoting registration
291+6 of births, may issue, without fee, to the parents or
292+7 guardian of any or every child whose birth has been
293+8 registered in accordance with the provisions of this Act,
294+9 a special notice of registration of birth.
295+10 (11) No person shall prepare or issue any certificate
296+11 which purports to be an original, certified copy, or
297+12 certification of a certificate of birth, death, or fetal
298+13 death, except as authorized in this Act or regulations
299+14 adopted hereunder.
300+15 (12) A computer print-out of any record of birth,
301+16 death or fetal record that may be certified under this
302+17 Section may be used in place of such certification and
303+18 such computer print-out shall have the same legal force
304+19 and effect as a certified copy of the document.
305+20 (13) The State Registrar may verify from the
306+21 information contained in the index maintained by the State
307+22 Registrar the authenticity of information on births,
308+23 deaths, marriages and dissolution of marriages provided to
309+24 a federal agency or a public agency of another state by a
310+25 person seeking benefits or employment from the agency,
311+26 provided the agency pays a fee of $10.
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322+1 (14) The State Registrar may issue commemorative birth
323+2 certificates to persons eligible to receive birth
324+3 certificates under this Section upon the payment of a fee
325+4 to be determined by the State Registrar.
326+5 (Source: P.A. 102-739, eff. 1-1-23.)
327+6 (410 ILCS 535/25.6 new)
328+7 Sec. 25.6. Certification letter form. In order to seek a
329+8 waiver of the fee for a copy of a vital record, the person
330+9 seeking the record must provide the following certification
331+10 letter:
332+11 Certification Letter for Domestic Violence Waiver for Illinois
333+12 Vital Records
334+13 Full Name of Applicant:...............................
335+14 Date of Birth:........................................
336+15 I,........................, certify, to the best of my
337+16 knowledge and belief, that on the date listed below, the above
338+17 named individual is a victim or child of a victim of domestic
339+18 violence, as defined by Section 103 of the Illinois Domestic
340+19 Violence Act of 1986 (750 ILCS 60/103), who is currently
341+20 fleeing a dangerous living situation. I provide this
342+21 certification in my capacity as (check one below):
343+22 ( ) an advocate at a family violence center who
344+23 assisted the victim;
345+24 ( ) a licensed medical care or mental health provider;
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356+1 ( ) the director of an emergency shelter or
357+2 transitional housing; or
358+3 ( ) the director of a transitional living program.
359+4 Signature:.................Date:........................
360+5 Title:.....................Employer:....................
361+6 Email:.....................Phone:.......................
362+7 Address:...................City:........................
363+8 State:.....................Zip:.........................
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