HB5654 101ST GENERAL ASSEMBLY

LRB101 20355 CPF 69900 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB5654

Introduced , by Rep. Jennifer Gong-Gershowitz

SYNOPSIS AS INTRODUCED:

410 ILCS 535/17	from Ch. 111 1/2, par. 73-17
410 ILCS 535/25.3
410 ILCS 535/25.4

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 homeless persons, youths in care, and persons under the age of 27 who were youths in care. Effective January 1, 2021.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

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 Sections 17, 25.3, and 25.4 as follows:

(410 ILCS 535/17) (from Ch. 111 1/2, par. 73-17)

Sec. 17. (1) For a person born in this State, the State Registrar of Vital Records shall establish a new certificate of birth when he receives any of the following:

(a) A certificate of adoption as provided in Section 16 or a certified copy of the order of adoption together with the information necessary to identify the original certificate of birth and to establish the new certificate of birth; except that a new certificate of birth shall not be established if so requested by the court ordering the adoption, the adoptive parents, or the adopted person.

(b) A certificate of adoption or a certified copy of the order of adoption entered in a court of competent jurisdiction of any other state or country declaring adopted a child born in the State of Illinois, together with the information necessary to identify the original certificate of birth and to establish the new certificate of birth; except that a new certificate of birth shall not be established if so requested by the court ordering the adoption, the adoptive parents, or the adopted person.

(c) A request that a new certificate be established and such evidence as required by regulation proving that such person has been legitimatized, or that the circuit court, the Department of Healthcare and Family Services (formerly Illinois Department of Public Aid), or a court or administrative agency of any other state has established the paternity of such a person by judicial or administrative processes or by voluntary acknowledgment, which is accompanied by the social security numbers of all persons determined and presumed to be the parents.

(d) (Blank). A declaration by a licensed health care professional or licensed mental health professional who has treated or evaluated a person stating that the person has undergone treatment that is clinically appropriate for that individual for the purpose of gender transition, based on contemporary medical standards, or that the individual has an intersex condition, and that the sex designation on such person's birth record should therefore be changed. The information in the declaration shall be proved by the licensed health care professional or licensed mental health professional signing and dating it in substantially the following form: "I declare (or certify, verify, or state) under penalty of perjury that the foregoing is true and correct. Executed on (date).". The new certificate of birth shall reflect any legal name change, so long as the appropriate documentation of the name change is submitted.

(e) 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.

Each request for a new certificate of birth shall be accompanied by a fee of $15 and entitles the applicant to one certification or certified copy of the new certificate. If the request is for additional copies, it shall be accompanied by a fee of $2 for each additional certification or certified copy. The fee for a new certificate of birth 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 new certificate of birth fee waiver.

(2) When a new certificate of birth is established, the actual place and date of birth shall be shown; provided, in the case of adoption of a person born in this State by parents who were residents of this State at the time of the birth of the adopted person, the place of birth may be shown as the place of residence of the adoptive parents at the time of such person's birth, if specifically requested by them, and any new certificate of birth established prior to the effective date of this amendatory Act may be corrected accordingly if so requested by the adoptive parents or the adopted person when of legal age. The social security numbers of the parents shall not be recorded on the certificate of birth. The social security numbers may only be used for purposes allowed under federal law. The new certificate shall be substituted for the original certificate of birth:

(a) Thereafter, the original certificate and the evidence of paternity, legitimation, or change of sex designation shall not be subject to inspection or certification except upon order of the circuit court, request of the person named on the certificate of birth, or as provided by regulation. If the new certificate was issued subsequent to an adoption, then the evidence of adoption is not subject to inspection or certification except upon order of the circuit court or as provided by rule, and the original certificate shall not be subject to inspection until the adopted person has reached the age of 21; thereafter, the original certificate shall be made available as provided by Section 18.1b of the Adoption Act, and nothing in this subsection shall impede or prohibit access to the original birth certificate under Section 18.1b of the Adoption Act.

(b) Upon receipt of notice of annulment of adoption, the original certificate of birth shall be restored to its place in the files, and the new certificate and evidence shall not be subject to inspection or certification except upon order of the circuit court.

(3) If no certificate of birth is on file for the person for whom a new certificate is to be established under this Section, a delayed record of birth shall be filed with the State Registrar of Vital Records as provided in Section 14 or Section 15 of this Act before a new certificate of birth is established, except that when the date and place of birth and parentage have been established in the adoption proceedings, a delayed record shall not be required.

(4) When a new certificate of birth is established by the State Registrar of Vital Records, all copies of the original certificate of birth in the custody of any custodian of permanent local records in this State shall be transmitted to the State Registrar of Vital Records as directed, and shall be sealed from inspection except as provided by Section 18.1b of the Adoption Act.

(5) Nothing in this Section shall be construed to prohibit the amendment of a birth certificate in accordance with subsection (6) of Section 22.

(Source: P.A. 100-360, eff. 1-1-18; 100-406, eff. 1-1-18.)

(410 ILCS 535/25.3)

Sec. 25.3. Homeless person birth record request.

(a) For the purposes of this Section, an individual's status as a homeless person may be verified by a human services agency, legal services agency, or other similar agency that has knowledge of the individual's housing status, including, but not limited to:

(1) a homeless service agency receiving federal, State, county, or municipal funding to provide those services or otherwise sanctioned by a local continuum of care;

(2) an attorney licensed to practice in the State;

(3) a public school homeless liaison or school social worker; or

(4) a human services provider funded by the State to serve homeless or runaway youth, individuals with mental illness, or individuals with addictions.

Individuals who are homeless must not be charged for this verification.

Anyone who knowingly or purposefully falsifies this verification is subject to a penalty of $100.

(b) Applicable fees under Section 17 for a new certificate of birth and under Section 25 of this Act for a search for a birth record or a certified copy of a birth record shall be waived for all requests made by a homeless person whose status is verified under subsection (a) of this Section.

The State Registrar of Vital Records shall establish standards and procedures consistent with this Section for waiver of such applicable fees.

(c) A homeless person shall be provided no more than 4 birth records annually under this Section.

(Source: P.A. 100-506, eff. 1-1-18.)

(410 ILCS 535/25.4)

Sec. 25.4. Youth in care birth record request.

(a) For the purposes of this Section, an individual's status as a youth in care may be verified:

(1) with a copy of the court order placing the youth in the guardianship or custody of the Department of Children and Family Services or terminating the Department of Children and Family Services' guardianship or custody of the youth; or

(2) by a human services agency, legal services agency, or other similar agency that has knowledge of the individual's youth in care status, including, but not limited to:

(A) a child welfare agency, including the Department of Children and Family Services; or

(B) the attorney or guardian ad litem who served as the youth in care's attorney or guardian ad litem during proceedings under the Juvenile Court Act of 1987.

A person described in subsection (b) of this Section must not be charged for verification under this Section.

A person who knowingly or purposefully falsifies this verification is subject to a penalty of $100.

(b) The applicable fees under Section 17 for a new certificate of birth and under Section 25 of this Act for a search for a birth record or a certified copy of a birth record shall be waived for all requests made by:

(1) a youth in care, as defined in Section 4d of the Children and Family Services Act, whose status is verified under subsection (a) of this Section; or

(2) a person under the age of 27 who was a youth in care, as defined in Section 4d of the Children and Family Services Act, on or after his or her 18th birthday and whose status is verified under subsection (a) of this Section.

The State Registrar of Vital Records shall establish standards and procedures consistent with this Section for waiver of the applicable fees.

(c) A person shall be provided no more than 4 birth records annually under this Section.

(Source: P.A. 100-619, eff. 1-1-19; 101-81, eff. 7-12-19.)

Section 99. Effective date. This Act takes effect January 1, 2021.