Text of IL HB 9 (2022)

102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 HB0009 Introduced , 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. LRB102 02773 CPF 12780 b FISCAL NOTE ACT MAY APPLY A BILL FOR HB0009LRB102 02773 CPF 12780 b 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 HB0009- 2 -LRB102 02773 CPF 12780 b 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 HB0009- 3 -LRB102 02773 CPF 12780 b 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, HB0009- 4 -LRB102 02773 CPF 12780 b 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 HB0009- 5 -LRB102 02773 CPF 12780 b 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 HB0009- 6 -LRB102 02773 CPF 12780 b 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 HB0009- 7 -LRB102 02773 CPF 12780 b 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: HB0009- 8 -LRB102 02773 CPF 12780 b 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 HB0009- 9 -LRB102 02773 CPF 12780 b 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. HB0009- 10 -LRB102 02773 CPF 12780 b 1 INDEX 2 Statutes amended in order of appearance