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Full Text of HB0009  102nd General Assembly

HB0009 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB0009

 

Introduced 1/14/2021, by Rep. Jennifer Gong-Gershowitz

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Vital Records Act. Removes language requiring that the State Registrar of Vital Records establish a new certificate of birth when he receives a declaration stating that a person has undergone treatment for the purpose of gender transition, or that the individual has an intersex condition, and that the sex designation on such person's birth record should therefore be changed. Provides that the State Registrar of Vital Records must establish a new certificate of birth when he receives a statement signed by the person in which the person attests to making the request for the purpose of affirming the person's gender identity or intersex condition and that the sex designation on the person's certificate of birth should therefore be changed. Provides that the fee for a new certificate of birth shall not be required from persons upon release from the Department of Corrections or the Department of Juvenile Justice, but the person is entitled to only one new certificate of birth fee waiver. Provides that the fee for a new certificate of birth shall be waived for specified persons. Provides that fees for a new certificate of birth and for a search of a birth record or a certified copy of a birth record shall be waived for all requests by a person who resides in a shelter for domestic violence. Requires the State Registrar of Vital Records to establish standards and procedures for the waiver of fees. Provides that a person who resides in a shelter for domestic violence must not be charged for verification. Provides that a person who knowingly or purposefully falsifies verification is subject to a penalty of $100. Provides that a person who resides in a shelter for domestic violence shall be provided no more than 4 birth records annually under the provisions. Effective January 1, 2022.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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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
5Sections 17, 25.3, and 25.4 and adding Section 25.6 as
6follows:
 
7    (410 ILCS 535/17)  (from Ch. 111 1/2, par. 73-17)
8    Sec. 17. (1) For a person born in this State, the State
9Registrar of Vital Records shall establish a new certificate
10of birth when he receives any of the following:
11        (a) A certificate of adoption as provided in Section
12    16 or a certified copy of the order of adoption together
13    with the information necessary to identify the original
14    certificate of birth and to establish the new certificate
15    of birth; except that a new certificate of birth shall not
16    be established if so requested by the court ordering the
17    adoption, the adoptive parents, or the adopted person.
18        (b) A certificate of adoption or a certified copy of
19    the order of adoption entered in a court of competent
20    jurisdiction of any other state or country declaring
21    adopted a child born in the State of Illinois, together
22    with the information necessary to identify the original
23    certificate of birth and to establish the new certificate

 

 

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1    of birth; except that a new certificate of birth shall not
2    be established if so requested by the court ordering the
3    adoption, the adoptive parents, or the adopted person.
4        (c) A request that a new certificate be established
5    and such evidence as required by regulation proving that
6    such person has been legitimatized, or that the circuit
7    court, the Department of Healthcare and Family Services
8    (formerly Illinois Department of Public Aid), or a court
9    or administrative agency of any other state has
10    established the paternity of such a person by judicial or
11    administrative processes or by voluntary acknowledgment,
12    which is accompanied by the social security numbers of all
13    persons determined and presumed to be the parents.
14        (d) (Blank). A declaration by a licensed health care
15    professional or licensed mental health professional who
16    has treated or evaluated a person stating that the person
17    has undergone treatment that is clinically appropriate for
18    that individual for the purpose of gender transition,
19    based on contemporary medical standards, or that the
20    individual has an intersex condition, and that the sex
21    designation on such person's birth record should therefore
22    be changed. The information in the declaration shall be
23    proved by the licensed health care professional or
24    licensed mental health professional signing and dating it
25    in substantially the following form: "I declare (or
26    certify, verify, or state) under penalty of perjury that

 

 

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1    the foregoing is true and correct. Executed on (date).".
2    The new certificate of birth shall reflect any legal name
3    change, so long as the appropriate documentation of the
4    name change is submitted.
5        (e) A statement signed by the person in which the
6    person attests to making the request for the purpose of
7    affirming the person's gender identity or intersex
8    condition and that the sex designation on the person's
9    certificate of birth should therefore be changed.
10    Each request for a new certificate of birth shall be
11accompanied by a fee of $15 and entitles the applicant to one
12certification or certified copy of the new certificate. If the
13request is for additional copies, it shall be accompanied by a
14fee of $2 for each additional certification or certified copy.
15The fee for a new certificate of birth shall not be required
16from a person (1) upon release on parole, mandatory supervised
17release, final discharge, or pardon from the Department of
18Corrections if the person presents a prescribed verification
19form completed by the Department of Corrections verifying the
20released person's date of birth and social security number, or
21(2) placed on aftercare release under the Juvenile Court Act
22of 1987, upon release on parole, mandatory supervised release,
23final discharge, or pardon from the Department of Juvenile
24Justice if the person presents a prescribed verification form
25completed by the Department of Juvenile Justice verifying the
26person's date of birth and social security number. However,

 

 

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1the person is entitled to only one new certificate of birth fee
2waiver.
3    (2) When a new certificate of birth is established, the
4actual place and date of birth shall be shown; provided, in the
5case of adoption of a person born in this State by parents who
6were residents of this State at the time of the birth of the
7adopted person, the place of birth may be shown as the place of
8residence of the adoptive parents at the time of such person's
9birth, if specifically requested by them, and any new
10certificate of birth established prior to the effective date
11of this amendatory Act may be corrected accordingly if so
12requested by the adoptive parents or the adopted person when
13of legal age. The social security numbers of the parents shall
14not be recorded on the certificate of birth. The social
15security numbers may only be used for purposes allowed under
16federal law. The new certificate shall be substituted for the
17original certificate of birth:
18        (a) Thereafter, the original certificate and the
19    evidence of paternity, legitimation, or change of sex
20    designation shall not be subject to inspection or
21    certification except upon order of the circuit court,
22    request of the person named on the certificate of birth,
23    or as provided by regulation. If the new certificate was
24    issued subsequent to an adoption, then the evidence of
25    adoption is not subject to inspection or certification
26    except upon order of the circuit court or as provided by

 

 

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1    rule, and the original certificate shall not be subject to
2    inspection until the adopted person has reached the age of
3    21; thereafter, the original certificate shall be made
4    available as provided by Section 18.1b of the Adoption
5    Act, and nothing in this subsection shall impede or
6    prohibit access to the original birth certificate under
7    Section 18.1b of the Adoption Act.
8        (b) Upon receipt of notice of annulment of adoption,
9    the original certificate of birth shall be restored to its
10    place in the files, and the new certificate and evidence
11    shall not be subject to inspection or certification except
12    upon order of the circuit court.
13    (3) If no certificate of birth is on file for the person
14for whom a new certificate is to be established under this
15Section, a delayed record of birth shall be filed with the
16State Registrar of Vital Records as provided in Section 14 or
17Section 15 of this Act before a new certificate of birth is
18established, except that when the date and place of birth and
19parentage have been established in the adoption proceedings, a
20delayed record shall not be required.
21    (4) When a new certificate of birth is established by the
22State Registrar of Vital Records, all copies of the original
23certificate of birth in the custody of any custodian of
24permanent local records in this State shall be transmitted to
25the State Registrar of Vital Records as directed, and shall be
26sealed from inspection except as provided by Section 18.1b of

 

 

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1the Adoption Act.
2    (5) Nothing in this Section shall be construed to prohibit
3the amendment of a birth certificate in accordance with
4subsection (6) of Section 22.
5(Source: P.A. 100-360, eff. 1-1-18; 100-406, eff. 1-1-18.)
 
6    (410 ILCS 535/25.3)
7    Sec. 25.3. Homeless person birth record request.
8    (a) For the purposes of this Section, an individual's
9status as a homeless person may be verified by a human services
10agency, legal services agency, or other similar agency that
11has knowledge of the individual's housing status, including,
12but not limited to:
13        (1) a homeless service agency receiving federal,
14    State, county, or municipal funding to provide those
15    services or otherwise sanctioned by a local continuum of
16    care;
17        (2) an attorney licensed to practice in the State;
18        (3) a public school homeless liaison or school social
19    worker; or
20        (4) a human services provider funded by the State to
21    serve homeless or runaway youth, individuals with mental
22    illness, or individuals with addictions.
23    Individuals who are homeless must not be charged for this
24verification.
25    Anyone who knowingly or purposefully falsifies this

 

 

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1verification is subject to a penalty of $100.
2    (b) Applicable fees under Section 17 for a new certificate
3of birth and under Section 25 of this Act for a search for a
4birth record or a certified copy of a birth record shall be
5waived for all requests made by a homeless person whose status
6is verified under subsection (a) of this Section.
7    The State Registrar of Vital Records shall establish
8standards and procedures consistent with this Section for
9waiver of such applicable fees.
10    (c) A homeless person shall be provided no more than 4
11birth records annually under this Section.
12(Source: P.A. 100-506, eff. 1-1-18.)
 
13    (410 ILCS 535/25.4)
14    Sec. 25.4. Youth in care birth record request.
15    (a) For the purposes of this Section, an individual's
16status as a youth in care may be verified:
17        (1) with a copy of the court order placing the youth in
18    the guardianship or custody of the Department of Children
19    and Family Services or terminating the Department of
20    Children and Family Services' guardianship or custody of
21    the youth; or
22        (2) by a human services agency, legal services agency,
23    or other similar agency that has knowledge of the
24    individual's youth in care status, including, but not
25    limited to:

 

 

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1            (A) a child welfare agency, including the
2        Department of Children and Family Services; or
3            (B) the attorney or guardian ad litem who served
4        as the youth in care's attorney or guardian ad litem
5        during proceedings under the Juvenile Court Act of
6        1987.
7    A person described in subsection (b) of this Section must
8not be charged for verification under this Section.
9    A person who knowingly or purposefully falsifies this
10verification is subject to a penalty of $100.
11    (b) The applicable fees under Section 17 for a new
12certificate of birth and under Section 25 of this Act for a
13search for a birth record or a certified copy of a birth record
14shall be waived for all requests made by:
15        (1) a youth in care, as defined in Section 4d of the
16    Children and Family Services Act, whose status is verified
17    under subsection (a) of this Section; or
18        (2) a person under the age of 27 who was a youth in
19    care, as defined in Section 4d of the Children and Family
20    Services Act, on or after his or her 18th birthday and
21    whose status is verified under subsection (a) of this
22    Section.
23    The State Registrar of Vital Records shall establish
24standards and procedures consistent with this Section for
25waiver of the applicable fees.
26    (c) A person shall be provided no more than 4 birth records

 

 

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1annually under this Section.
2(Source: P.A. 100-619, eff. 1-1-19; 101-81, eff. 7-12-19.)
 
3    (410 ILCS 535/25.6 new)
4    Sec. 25.6. Fee waiver; persons who reside in a shelter for
5domestic violence.
6    (a) The applicable fees under Section 17 of this Act for a
7new certificate of birth and Section 25 of this Act for a
8search of a birth record or a certified copy of a birth record
9shall be waived for all requests by a person who resides in a
10shelter for domestic violence. The State Registrar of Vital
11Records shall establish standards and procedures consistent
12with this Section for waiver of the applicable fees. A person
13described under this Section must not be charged for
14verification under this Section. A person who knowingly or
15purposefully falsifies this verification is subject to a
16penalty of $100.
17    (b) A person who resides in a shelter for domestic
18violence shall be provided no more than 4 birth records
19annually under this Section.
 
20    Section 99. Effective date. This Act takes effect January
211, 2022.

 

 

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1 INDEX
2 Statutes amended in order of appearance
3    410 ILCS 535/17from Ch. 111 1/2, par. 73-17
4    410 ILCS 535/25.3
5    410 ILCS 535/25.4
6    410 ILCS 535/25.6 new