Full Text of HB1149 97th General Assembly
HB1149ham002 97TH GENERAL ASSEMBLY | Rep. Dan Brady Filed: 3/16/2011
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| 1 | | AMENDMENT TO HOUSE BILL 1149
| 2 | | AMENDMENT NO. ______. Amend House Bill 1149 as follows: | 3 | | on page 1, line 16, by replacing "Immigration and | 4 | | Naturalization Service" with " Citizenship and Immigration | 5 | | Services Immigration and Naturalization Service "; and
| 6 | | on page 1, line 22, by replacing "Immigration and | 7 | | Naturalization Service" with " Citizenship and Immigration | 8 | | Services Immigration and Naturalization Service "; and | 9 | | on page 2, line 9, by replacing "Immigration and Naturalization | 10 | | Service" with " Citizenship and Immigration Services | 11 | | Immigration and Naturalization Service "; and | 12 | | on page 2, line 14, by replacing "Immigration and | 13 | | Naturalization Service" with " Citizenship and Immigration | 14 | | Services Immigration and Naturalization Service "; and |
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| 1 | | on page 4, immediately below line 3, by inserting the | 2 | | following: | 3 | | "Section 10. The Adoption Act is amended by changing | 4 | | Section 18.05 as follows:
| 5 | | (750 ILCS 50/18.05)
| 6 | | Sec. 18.05. The Illinois Adoption Registry and Medical | 7 | | Information
Exchange. | 8 | | (a) General function. Subject to appropriation, the | 9 | | Department of Public
Health shall administer the Illinois | 10 | | Adoption Registry and
Medical Information Exchange in the | 11 | | manner outlined in subsections
(b) and (c) for the purpose of | 12 | | facilitating the voluntary exchange of identifying and
medical | 13 | | information between mutually consenting members of birth and | 14 | | adoptive families.
The Department shall establish rules for the | 15 | | confidential operation of the
Illinois Adoption
Registry. The | 16 | | Department shall appoint an OBC-Access Public Information | 17 | | Campaign Oversight Committee comprised of, but not limited to, | 18 | | representatives of the Department of Public Health and the | 19 | | Department of Children and Family Services, as well as | 20 | | representatives of the organizations that serve, as of the | 21 | | effective date of this amendatory Act of the 96th General | 22 | | Assembly, on the Illinois Adoption Registry Advisory Council or | 23 | | the Confidential Intermediary Advisory Council. On and after |
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| 1 | | the effective date of this amendatory Act of the 96th General | 2 | | Assembly, the OBC-Access Public Information Campaign Oversight | 3 | | Committee shall develop and ensure the timely implementation of | 4 | | a year-long, nationwide campaign to be conducted from November | 5 | | 1, 2010, through October 31, 2011, for the express purpose of | 6 | | informing the public in earnest about the conditions under | 7 | | which an adult adopted or surrendered person may receive a | 8 | | non-certified copy of his or her original birth certificate, | 9 | | and the procedures pursuant to which a birth parent may file a | 10 | | Birth Parent Preference Form to express his or her wishes with | 11 | | respect to contact with a surrendered son or daughter and the | 12 | | release of identifying information that appears on the original | 13 | | birth certificate. This year-long informational campaign shall | 14 | | include, but not be limited to: | 15 | | (1) Public service announcements to be distributed to | 16 | | local and national radio and television stations. | 17 | | (2) Notices to be distributed throughout Illinois to | 18 | | physicians' offices, religious institutions, social | 19 | | welfare organizations, retirement homes, and other | 20 | | entities capable of reaching individuals who may be | 21 | | impacted by this change in the law. | 22 | | (3) An informational website exclusively devoted to | 23 | | providing the general public with information about the new | 24 | | law as well as other forms of free electronic media. | 25 | | (4) Press releases to be distributed to local and | 26 | | national radio and television stations, as well as to |
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| 1 | | relevant websites. | 2 | | (5) Announcements about the new law to be posted on the | 3 | | websites of all adoption agencies licensed in the State. | 4 | | (6) Notices accompanying every vehicle registration | 5 | | renewal application issued by the Secretary of State's | 6 | | office between October 31, 2010, and November 1, 2011. | 7 | | (7) Notices enclosed with driver's license renewal | 8 | | applications issued by the Secretary of State's office | 9 | | beginning 30 days after the effective date of this | 10 | | amendatory Act of the 96th General Assembly and through | 11 | | November 30, 2014. | 12 | | The Illinois
Adoption
Registry shall also
maintain an | 13 | | informational Internet site where interested parties may | 14 | | access
information about the Illinois Adoption Registry and | 15 | | Medical Information
Exchange and download all necessary | 16 | | application forms. The Illinois Adoption
Registry
shall | 17 | | maintain statistical records regarding Registry participation | 18 | | and publish
and circulate to the public
informational material
| 19 | | about the function and operation of the Registry.
| 20 | | (b) Establishment of the Adoption/Surrender Records File. | 21 | | When a person has
voluntarily registered with
the Illinois | 22 | | Adoption Registry and completed an Illinois Adoption Registry
| 23 | | Application or a Registration Identification Form, the | 24 | | Registry shall establish
a
new Adoption/Surrender Records | 25 | | File. Such file may concern
an adoption that was finalized by a | 26 | | court action in the State of Illinois, an
adoption of a person |
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| 1 | | born in Illinois finalized
by a court action in a state other | 2 | | than Illinois or in a foreign country, a
surrender taken in the | 3 | | State of Illinois, or an adoption filed according to Section | 4 | | 16.1 of the Vital Records Act under a Record of Foreign Birth | 5 | | that was not finalized by a court action in the State of | 6 | | Illinois. Such file may be established for
adoptions or | 7 | | surrenders finalized prior to as well as after the effective | 8 | | date
of this amendatory Act. A file may be created in
any | 9 | | manner to preserve documents including but not limited to | 10 | | microfilm,
optical imaging, or electronic documents.
| 11 | | (c) Contents of the Adoption/Surrender Records File. An | 12 | | established
Adoption/Surrender
Records File shall be limited | 13 | | to the following items, to the extent that they
are
available:
| 14 | | (1) The General Information Section and Medical | 15 | | Information Exchange
Questionnaire of any Illinois | 16 | | Adoption Registry Application or a Registration
| 17 | | Identification
Form which
has been voluntarily completed | 18 | | by any registered party.
| 19 | | (2) Any photographs
voluntarily provided
by any | 20 | | registrant for any other registered party at the
time of | 21 | | registration or any time thereafter.
All such photographs | 22 | | shall be submitted in an unsealed
envelope no larger than 8 | 23 | | 1/2" x 11", and shall not include identifying
information | 24 | | pertaining to any person other than the registrant
who | 25 | | submitted them.
Any such identifying information shall be | 26 | | redacted by the Department or the
information shall be |
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| 1 | | returned for removal of identifying information.
| 2 | | (3) Any Information Exchange Authorization, Denial of | 3 | | Information
Exchange, or Birth Parent Preference Form
| 4 | | which has been filed by a registrant.
| 5 | | (4) For all adoptions finalized after January 1, 2000, | 6 | | copies of the
original certificate of live birth and the | 7 | | certificate
of adoption.
| 8 | | (5) Any updated address submitted by any registered | 9 | | party about himself or
herself.
| 10 | | (6) Any proof of death that has been submitted by a | 11 | | registrant.
| 12 | | (7) Any birth certificate that has been submitted by a | 13 | | registrant.
| 14 | | (8) Any marriage certificate that has been submitted by | 15 | | a registrant.
| 16 | | (9) Any proof of guardianship that has been submitted | 17 | | by a registrant.
| 18 | | (10) Any Request for a Non-Certified Copy of an | 19 | | Original Birth Certificate that has been filed with the | 20 | | Registry by an adult adopted or surrendered person or by a | 21 | | surviving adult child or surviving spouse of a deceased | 22 | | adopted or surrendered person who has registered with the | 23 | | Registry. | 24 | | (d) An established Adoption/Surrender Records File for an | 25 | | adoption filed in Illinois under a Record of Foreign Birth that | 26 | | was not finalized in a court action in the State of Illinois |
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| 1 | | shall be limited to the following items submitted to the State | 2 | | Registrar of Vital Records under Section 16.1 of the Vital | 3 | | Records Act, to the extent that they are available: | 4 | | (1) Evidence as to the child's birth date and | 5 | | birthplace (including the country of birth and, if | 6 | | available, the city and province of birth) provided by the | 7 | | original birth certificate, or by a certified copy, | 8 | | extract, or translation thereof or by other document | 9 | | essentially equivalent thereto (the records of the U.S. | 10 | | Citizenship and Immigration Services or of the U.S. | 11 | | Department of State to be considered essentially | 12 | | equivalent thereto). | 13 | | (2) A certified copy, extract, or translation of the | 14 | | adoption decree or other document essentially equivalent | 15 | | thereto (the records of the U.S. Citizenship and | 16 | | Immigration Services or of the U.S. Department of State to | 17 | | be considered essentially equivalent thereto). | 18 | | (3) A copy of the IR-3 or IH-3 visa. | 19 | | (4) The name and address of the adoption agency that | 20 | | handled the adoption.
| 21 | | (Source: P.A. 95-331, eff. 8-21-07; 96-895, eff. 5-21-10.)".
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