SB0798 99TH GENERAL ASSEMBLY

LRB099 06429 MGM 26499 b

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.

A BILL FOR

AN ACT concerning elections.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Election Code is amended by changing Sections 4-14.1 and 5-9.1 as follows:

(10 ILCS 5/4-14.1) (from Ch. 46, par. 4-14.1)

Sec. 4-14.1. Cancelation of deceased voter's registration. Upon establishment of an electronic reporting system for death registrations as provided in the Vital Records Act, the county clerk of the county where a decedent last resided, as indicated on the decedent's death certificate, may issue certifications of death records from that system and shall may use that system to cancel the registration of any person who has died during the preceding week month. Regardless of whether or not such a system has been established, it is the duty of the county clerk to examine, weekly, monthly, the records deposited in his or her office pursuant to the Vital Records Act that relate to deaths in the county, and to cancel the registration of any person who has died during the preceding week month.

In addition, 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. If that file or index indicates that a voter is deceased, then the county clerk shall immediately cancel that voter's registration.

(Source: P.A. 96-1484, eff. 1-1-11.)

(10 ILCS 5/5-9.1) (from Ch. 46, par. 5-9.1)

Sec. 5-9.1. Cancelation of deceased voter's registration. Upon establishment of an electronic reporting system for death registrations as provided in the Vital Records Act, the county clerk of the county where a decedent last resided, as indicated on the decedent's death certificate, may issue certifications of death records from that system and shall may use that system to cancel the registration of any person who has died during the preceding week month and cause the name of each such deceased person to be erased from the register of the precinct in which the deceased person was registered. Regardless of whether or not such a system has been established, it is the duty of the county clerk to examine weekly monthly the records deposited in his or her office pursuant to the Vital Records Act that relate to deaths in the county, to cancel the registration of any person who has died during the preceding week month and cause the name of each such deceased person to be erased from the register of the precinct in which the deceased person was registered.

In addition, 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. If that file or index indicates that a voter is deceased, then the county clerk shall immediately cancel that voter's registration.

(Source: P.A. 96-1484, eff. 1-1-11.)

Section 10. The Vital Records Act is amended by changing Sections 8 and 18.5 as follows:

(410 ILCS 535/8) (from Ch. 111 1/2, par. 73-8)

Sec. 8. Each local registrar shall:

(1) Appoint one or more deputies to act for him in his absence or to assist him. Such deputies shall be subject to all rules and regulations governing local registrars.

(2) Appoint one or more subregistrars when necessary for the convenience of the people. To become effective, such appointments must be approved by the State Registrar of Vital Records. A subregistrar shall exercise such authority as is given him by the local registrar and is subject to the supervision and control of the State Registrar of Vital Records, and shall be liable to the same penalties as local registrars, as provided in Section 27 of this Act.

(3) Administer and enforce the provisions of this Act and the instructions, rules, and regulations issued hereunder.

(4) Require that certificates be completed and filed in accordance with the provisions of this Act and the rules and regulations issued hereunder.

(5) Prepare and transmit weekly monthly an accurate copy of each record of live birth, death, and fetal death to the county clerk of his county. He shall also, in the case of a death of a person who was a resident of another county, prepare an additional copy of the death record and transmit it to the county clerk of the county in which such person was a resident. In no case shall the county clerk's copy of a live birth record include the section of the certificate which contains information for health and statistical program use only.

(6) (Blank).

(7) Prepare, file, and retain for a period of at least 10 years in his own office an accurate copy of each record of live birth, death, and fetal death accepted for registration. Only in those instances in which the local registrar is also a full time city, village, incorporated town, public health district, county, or multi-county health officer recognized by the Department may the health and statistical data section of the live birth record be made a part of this copy.

(8) Transmit monthly the certificates, reports, or other returns filed with him to the State Registrar of Vital Records, or more frequently when directed to do so by the State Registrar of Vital Records.

(8.5) Transmit monthly to the State central register of the Illinois Department of Children and Family Services a copy of all death certificates of persons under 18 years of age who have died within the month.

(9) Maintain such records, make such reports, and perform such other duties as may be required by the State Registrar of Vital Records.

(Source: P.A. 89-641, eff. 8-9-96; 90-608, eff. 6-30-98.)

(410 ILCS 535/18.5)

Sec. 18.5. Electronic reporting system for death registrations. The State Registrar shall facilitate death registration by implementing an electronic reporting system. The system may be used to transfer information to individuals and institutions responsible for completing and filing certificates and related reports for deaths that occur in the State. The system shall be used to transfer information to the Department of Healthcare and Family Services not less often than once every 3-month period for the purpose of updating the roster of Medicaid recipients. The system shall be used to transfer information to county clerks not less often than once a week for the purpose of updating voter registration. The system shall be capable of storing and retrieving accurate and timely data and statistics for those persons and agencies responsible for vital records registration and administration. Upon establishment of such an electronic reporting system, but not later than January 1, 2011, the county clerk in the county in which a death occurred or the county clerk of the county where a decedent last resided, as indicated on the decedent's death certificate, shall be authorized to issue certifications of death records from such system, and the State Registrar shall cause the electronic reporting system to provide for such capability. The Department of Financial and Professional Regulation shall have access to the system to enhance its enforcement of the Cemetery Oversight Act.

(Source: P.A. 96-327, eff. 8-11-09; 96-863, eff. 3-1-10; 97-111, eff. 1-1-12.)