Full Text of HB1732 95th General Assembly
HB1732eng 95TH GENERAL ASSEMBLY
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| AN ACT concerning public health.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Vital Records Act is amended by changing | 5 |
| Sections 1 and 17 as follows:
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| (410 ILCS 535/1) (from Ch. 111 1/2, par. 73-1)
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| Sec. 1. As used in this Act, unless the context otherwise | 8 |
| requires:
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| (1) "Vital records" means records of births, deaths, fetal | 10 |
| deaths,
marriages, dissolution of marriages, and data related | 11 |
| thereto.
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| (2) "System of vital records" includes the registration, | 13 |
| collection,
preservation, amendment, and certification of | 14 |
| vital records, and
activities related thereto.
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| (3) "Filing" means the presentation of a certificate, | 16 |
| report, or
other record provided for in this Act, of a birth, | 17 |
| death, fetal death,
adoption, marriage, or dissolution of | 18 |
| marriage, for registration by the Office of Vital
Records.
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| (4) "Registration" means the acceptance by the Office of | 20 |
| Vital
Records and the incorporation in its official records of | 21 |
| certificates,
reports, or other records provided for in this | 22 |
| Act, of births, deaths,
fetal deaths, adoptions, marriages, or | 23 |
| dissolution of marriages.
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| (5) "Live birth" means the complete expulsion or extraction | 2 |
| from its
mother of a product of human conception, irrespective | 3 |
| of the duration of
pregnancy, which after such separation | 4 |
| breathes or shows any other
evidence of life such as beating of | 5 |
| the heart, pulsation of the
umbilical cord, or definite | 6 |
| movement of voluntary muscles, whether or
not the umbilical | 7 |
| cord has been cut or the placenta is attached.
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| (6) "Fetal death" means death prior to the complete | 9 |
| expulsion or
extraction from its mother of a product of human | 10 |
| conception,
irrespective of the duration of pregnancy; the | 11 |
| death is indicated by the
fact that after such separation the | 12 |
| fetus does not breathe or show any
other evidence of life such | 13 |
| as beating of the heart, pulsation of the
umbilical cord, or | 14 |
| definite movement of voluntary muscles.
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| (7) "Dead body" means a lifeless human body or parts of | 16 |
| such body or
bones thereof from the state of which it may | 17 |
| reasonably be concluded
that death has occurred.
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| (8) "Final disposition" means the burial, cremation, or | 19 |
| other
disposition of a dead human body or fetus or parts | 20 |
| thereof.
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| (9) "Physician" means a person licensed to practice | 22 |
| medicine in
Illinois or any other State.
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| (10) "Institution" means any establishment, public or | 24 |
| private, which
provides in-patient medical, surgical, or | 25 |
| diagnostic care or treatment,
or nursing, custodial, or | 26 |
| domiciliary care to 2 or more unrelated
individuals, or to |
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| which persons are committed by law.
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| (11) "Department" means the Department of Public Health of | 3 |
| the State
of Illinois.
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| (12) "Director" means the Director of the Illinois | 5 |
| Department of
Public Health.
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| (13) "Medical treatment" means any surgical operation or | 7 |
| other medical procedure causing irreversible gender change.
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| (Source: P.A. 81-230.)
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| (410 ILCS 535/17) (from Ch. 111 1/2, par. 73-17)
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| Sec. 17. (1) For a person born in this State, the State | 11 |
| Registrar of Vital
Records shall establish a new certificate of | 12 |
| birth when he receives any of
the following:
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| (a) A certificate of adoption as provided in Section 16 | 14 |
| or a certified
copy of the order of adoption together with | 15 |
| the information necessary to
identify the original | 16 |
| certificate of birth and to establish the new
certificate | 17 |
| of birth; except that a new certificate of birth shall not | 18 |
| be
established if so requested by the court ordering the | 19 |
| adoption, the
adoptive parents, or the adopted person.
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| (b) A certificate of adoption or a certified copy of | 21 |
| the order of
adoption entered in a court of competent | 22 |
| jurisdiction of any other state or
country declaring | 23 |
| adopted a child born in the State of Illinois, together
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| with the information necessary to identify the original | 25 |
| certificate of
birth and to establish the new certificate |
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| 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.
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| (c) A request that a new certificate be established and | 5 |
| such evidence as
required by regulation proving that such | 6 |
| person has been legitimatized, or
that the circuit court, | 7 |
| the Department of Healthcare and Family Services (formerly
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| Illinois Department of Public Aid ) , or
a court or | 9 |
| administrative agency of any other state
has established
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| the paternity of such a person
by judicial or | 11 |
| administrative processes or by voluntary acknowledgment,
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| which is accompanied by the social security
numbers of all | 13 |
| persons determined and presumed to be the parents.
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| (d) An affidavit by a physician that he has performed | 15 |
| an operation on a
person has undergone medical treatment ,
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| and that by reason of the medical treatment
operation the | 17 |
| sex designation on such
person's birth record should be | 18 |
| changed. The State Registrar of Vital
Records may make any | 19 |
| investigation or require any further information he
deems | 20 |
| necessary.
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| Each request for a new certificate of birth shall be | 22 |
| accompanied by a fee
of $15 and entitles the applicant to one | 23 |
| certification or certified copy
of the new certificate. If the | 24 |
| request is for additional copies, it shall
be accompanied by a | 25 |
| fee of $2 for each additional certification or certified
copy.
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| (2) When a new certificate of birth is established, the |
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| actual place and
date of birth shall be shown; provided, in the | 2 |
| case of adoption of a person
born in this State by parents who | 3 |
| were residents of this State at the time
of the birth of the | 4 |
| adopted person, the place of birth may be shown as the
place of | 5 |
| residence of the adoptive parents at the time of such person's
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| birth, if specifically requested by them, and any new | 7 |
| certificate of birth
established prior to the effective date of | 8 |
| this amendatory Act may be
corrected accordingly if so | 9 |
| requested by the adoptive parents or the
adopted person when of | 10 |
| legal age. The social security numbers of the
parents shall not | 11 |
| be recorded on the certificate of birth. The social
security | 12 |
| numbers may only be used for purposes allowed under federal | 13 |
| law.
The new certificate shall be substituted for the original | 14 |
| certificate of birth:
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| (a) Thereafter, the original certificate and the | 16 |
| evidence of adoption,
paternity, legitimation, or sex | 17 |
| change shall not be subject to inspection
or certification | 18 |
| except upon order of the circuit court or
as provided by | 19 |
| regulation.
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| (b) Upon receipt of notice of annulment of adoption, | 21 |
| the original
certificate of birth shall be restored to its | 22 |
| place in the files, and the
new certificate and evidence | 23 |
| shall not be subject to inspection or
certification except | 24 |
| upon order of the circuit court.
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| (3) If no certificate of birth is on file for the person | 26 |
| for whom a new
certificate is to be established under this |
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| Section, a delayed record of
birth shall be filed with the | 2 |
| State Registrar of Vital Records as provided
in Section 14 or | 3 |
| Section 15 of this Act before a new certificate of birth
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| established, except that when the date and place of birth and | 5 |
| parentage
have been established in the adoption proceedings, a | 6 |
| delayed record shall
not be required.
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| (4) When a new certificate of birth is established by the | 8 |
| State
Registrar of Vital Records, all copies of the original | 9 |
| certificate of birth
in the custody of any custodian of | 10 |
| permanent local records in this State
shall be transmitted to | 11 |
| the State Registrar of Vital Records as directed,
and shall be | 12 |
| sealed from inspection.
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| (5) Nothing in this Section shall be construed to prohibit | 14 |
| the amendment
of a birth certificate in accordance with | 15 |
| subsection (6) of Section 22.
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| (Source: P.A. 89-6, eff. 3-6-95; 89-257, eff. 1-1-96; 89-626, | 17 |
| eff. 8-9-96;
90-18, eff. 7-1-97; revised 12-15-05.)
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| Section 97. Severability. The provisions of this Act are | 19 |
| severable under Section 1.31 of the Statute on Statutes.
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| Section 99. Effective date. This Act takes effect upon | 21 |
| becoming law.
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