SB0798 99TH GENERAL ASSEMBLY

  
  

 


 
99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB0798

 

Introduced 2/5/2015, by Sen. Darin M. LaHood

 

SYNOPSIS AS INTRODUCED:
 
10 ILCS 5/4-14.1  from Ch. 46, par. 4-14.1
10 ILCS 5/5-9.1  from Ch. 46, par. 5-9.1
410 ILCS 535/8  from Ch. 111 1/2, par. 73-8
410 ILCS 535/18.5

    Amends the Election Code and the Vital Records Act. Requires each local registrar to transmit an accurate copy of each record of live birth, death, and fetal death to the county clerk of his county on a weekly basis (instead of monthly). Provides that each county clerk shall cancel the registration of any registered voter who has died during the preceding week (instead of month). Provides that each county clerk shall, at least once a month, compare his or her list of registered voters with the master death file or index complied by the United States Social Security Administration, and shall immediately cancel any deceased voter's registration.


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A BILL FOR

 

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1    AN ACT concerning elections.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Election Code is amended by changing
5Sections 4-14.1 and 5-9.1 as follows:
 
6    (10 ILCS 5/4-14.1)  (from Ch. 46, par. 4-14.1)
7    Sec. 4-14.1. Cancelation of deceased voter's registration.
8Upon establishment of an electronic reporting system for death
9registrations as provided in the Vital Records Act, the county
10clerk of the county where a decedent last resided, as indicated
11on the decedent's death certificate, may issue certifications
12of death records from that system and shall may use that system
13to cancel the registration of any person who has died during
14the preceding week month. Regardless of whether or not such a
15system has been established, it is the duty of the county clerk
16to examine, weekly, monthly, the records deposited in his or
17her office pursuant to the Vital Records Act that relate to
18deaths in the county, and to cancel the registration of any
19person who has died during the preceding week month.
20    In addition, each county clerk shall, at least once a
21month, compare his or her list of registered voters with the
22master death file or index complied by the United States Social
23Security Administration. If that file or index indicates that a

 

 

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1voter is deceased, then the county clerk shall immediately
2cancel that voter's registration.
3(Source: P.A. 96-1484, eff. 1-1-11.)
 
4    (10 ILCS 5/5-9.1)  (from Ch. 46, par. 5-9.1)
5    Sec. 5-9.1. Cancelation of deceased voter's registration.
6Upon establishment of an electronic reporting system for death
7registrations as provided in the Vital Records Act, the county
8clerk of the county where a decedent last resided, as indicated
9on the decedent's death certificate, may issue certifications
10of death records from that system and shall may use that system
11to cancel the registration of any person who has died during
12the preceding week month and cause the name of each such
13deceased person to be erased from the register of the precinct
14in which the deceased person was registered. Regardless of
15whether or not such a system has been established, it is the
16duty of the county clerk to examine weekly monthly the records
17deposited in his or her office pursuant to the Vital Records
18Act that relate to deaths in the county, to cancel the
19registration of any person who has died during the preceding
20week month and cause the name of each such deceased person to
21be erased from the register of the precinct in which the
22deceased person was registered.
23    In addition, each county clerk shall, at least once a
24month, compare his or her list of registered voters with the
25master death file or index complied by the United States Social

 

 

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1Security Administration. If that file or index indicates that a
2voter is deceased, then the county clerk shall immediately
3cancel that voter's registration.
4(Source: P.A. 96-1484, eff. 1-1-11.)
 
5    Section 10. The Vital Records Act is amended by changing
6Sections 8 and 18.5 as follows:
 
7    (410 ILCS 535/8)  (from Ch. 111 1/2, par. 73-8)
8    Sec. 8. Each local registrar shall:
9    (1) Appoint one or more deputies to act for him in his
10absence or to assist him. Such deputies shall be subject to all
11rules and regulations governing local registrars.
12    (2) Appoint one or more subregistrars when necessary for
13the convenience of the people. To become effective, such
14appointments must be approved by the State Registrar of Vital
15Records. A subregistrar shall exercise such authority as is
16given him by the local registrar and is subject to the
17supervision and control of the State Registrar of Vital
18Records, and shall be liable to the same penalties as local
19registrars, as provided in Section 27 of this Act.
20    (3) Administer and enforce the provisions of this Act and
21the instructions, rules, and regulations issued hereunder.
22    (4) Require that certificates be completed and filed in
23accordance with the provisions of this Act and the rules and
24regulations issued hereunder.

 

 

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1    (5) Prepare and transmit weekly monthly an accurate copy of
2each record of live birth, death, and fetal death to the county
3clerk of his county. He shall also, in the case of a death of a
4person who was a resident of another county, prepare an
5additional copy of the death record and transmit it to the
6county clerk of the county in which such person was a resident.
7In no case shall the county clerk's copy of a live birth record
8include the section of the certificate which contains
9information for health and statistical program use only.
10    (6) (Blank).
11    (7) Prepare, file, and retain for a period of at least 10
12years in his own office an accurate copy of each record of live
13birth, death, and fetal death accepted for registration. Only
14in those instances in which the local registrar is also a full
15time city, village, incorporated town, public health district,
16county, or multi-county health officer recognized by the
17Department may the health and statistical data section of the
18live birth record be made a part of this copy.
19    (8) Transmit monthly the certificates, reports, or other
20returns filed with him to the State Registrar of Vital Records,
21or more frequently when directed to do so by the State
22Registrar of Vital Records.
23    (8.5) Transmit monthly to the State central register of the
24Illinois Department of Children and Family Services a copy of
25all death certificates of persons under 18 years of age who
26have died within the month.

 

 

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1    (9) Maintain such records, make such reports, and perform
2such other duties as may be required by the State Registrar of
3Vital Records.
4(Source: P.A. 89-641, eff. 8-9-96; 90-608, eff. 6-30-98.)
 
5    (410 ILCS 535/18.5)
6    Sec. 18.5. Electronic reporting system for death
7registrations. The State Registrar shall facilitate death
8registration by implementing an electronic reporting system.
9The system may be used to transfer information to individuals
10and institutions responsible for completing and filing
11certificates and related reports for deaths that occur in the
12State. The system shall be used to transfer information to the
13Department of Healthcare and Family Services not less often
14than once every 3-month period for the purpose of updating the
15roster of Medicaid recipients. The system shall be used to
16transfer information to county clerks not less often than once
17a week for the purpose of updating voter registration. The
18system shall be capable of storing and retrieving accurate and
19timely data and statistics for those persons and agencies
20responsible for vital records registration and administration.
21Upon establishment of such an electronic reporting system, but
22not later than January 1, 2011, the county clerk in the county
23in which a death occurred or the county clerk of the county
24where a decedent last resided, as indicated on the decedent's
25death certificate, shall be authorized to issue certifications

 

 

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1of death records from such system, and the State Registrar
2shall cause the electronic reporting system to provide for such
3capability. The Department of Financial and Professional
4Regulation shall have access to the system to enhance its
5enforcement of the Cemetery Oversight Act.
6(Source: P.A. 96-327, eff. 8-11-09; 96-863, eff. 3-1-10;
797-111, eff. 1-1-12.)