Bill Text: IL HB5654 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 17-0)

Status: (Introduced - Dead) 2020-06-23 - Rule 19(b) / Re-referred to Rules Committee [HB5654 Detail]

Download: Illinois-2019-HB5654-Introduced.html

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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.
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FISCAL NOTE ACT MAY APPLY
A BILL FOR
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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

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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

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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.

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(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

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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

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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

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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

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(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.)

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