Illinois 2023-2024 Regular Session

Illinois House Bill HB2176 Compare Versions

Only one version of the bill is available at this time.

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1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2176 Introduced , by Rep. Adam M. Niemerg SYNOPSIS AS INTRODUCED: 10 ILCS 5/4-14.1 from Ch. 46, par. 4-14.1 Amends the Election Code. Provides that the county clerk of a county where a decedent last resided shall (rather than may) issue certifications of death records from the electronic reporting system for death registrations and shall (rather than may) use that system to cancel the registration of any person who has died during the preceding month. Requires a county coroner, medical examiner, or physician for a county or any other individual responsible for certification of death under the Vital Records Act to promptly transmit certified records to the county clerk within 7 days after the death. Requires the county clerk and coroner to report quarterly to its affiliated county board and certify its full compliance with the provisions and accuracy of the voter rolls. Allows an individual to request a copy of the county clerk's or coroner's report and allows for relief if the county clerk fails to provide an accurate report within specified time frames. LRB103 26230 BMS 52589 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2176 Introduced , by Rep. Adam M. Niemerg SYNOPSIS AS INTRODUCED: 10 ILCS 5/4-14.1 from Ch. 46, par. 4-14.1 10 ILCS 5/4-14.1 from Ch. 46, par. 4-14.1 Amends the Election Code. Provides that the county clerk of a county where a decedent last resided shall (rather than may) issue certifications of death records from the electronic reporting system for death registrations and shall (rather than may) use that system to cancel the registration of any person who has died during the preceding month. Requires a county coroner, medical examiner, or physician for a county or any other individual responsible for certification of death under the Vital Records Act to promptly transmit certified records to the county clerk within 7 days after the death. Requires the county clerk and coroner to report quarterly to its affiliated county board and certify its full compliance with the provisions and accuracy of the voter rolls. Allows an individual to request a copy of the county clerk's or coroner's report and allows for relief if the county clerk fails to provide an accurate report within specified time frames. LRB103 26230 BMS 52589 b LRB103 26230 BMS 52589 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2176 Introduced , by Rep. Adam M. Niemerg SYNOPSIS AS INTRODUCED:
3	3	10 ILCS 5/4-14.1 from Ch. 46, par. 4-14.1 10 ILCS 5/4-14.1 from Ch. 46, par. 4-14.1
4	4	10 ILCS 5/4-14.1 from Ch. 46, par. 4-14.1
5	5	Amends the Election Code. Provides that the county clerk of a county where a decedent last resided shall (rather than may) issue certifications of death records from the electronic reporting system for death registrations and shall (rather than may) use that system to cancel the registration of any person who has died during the preceding month. Requires a county coroner, medical examiner, or physician for a county or any other individual responsible for certification of death under the Vital Records Act to promptly transmit certified records to the county clerk within 7 days after the death. Requires the county clerk and coroner to report quarterly to its affiliated county board and certify its full compliance with the provisions and accuracy of the voter rolls. Allows an individual to request a copy of the county clerk's or coroner's report and allows for relief if the county clerk fails to provide an accurate report within specified time frames.
6	6	LRB103 26230 BMS 52589 b LRB103 26230 BMS 52589 b
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8	8	A BILL FOR
9	9	HB2176LRB103 26230 BMS 52589 b HB2176 LRB103 26230 BMS 52589 b
10	10	HB2176 LRB103 26230 BMS 52589 b
11	11	1 AN ACT concerning elections.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 5. The Election Code is amended by changing
15	15	5 Section 4-14.1 as follows:
16	16	6 (10 ILCS 5/4-14.1) (from Ch. 46, par. 4-14.1)
17	17	7 Sec. 4-14.1. Cancelation of deceased voter's registration.
18	18	8 (a) Upon establishment of an electronic reporting system
19	19	9 for death registrations as provided in the Vital Records Act,
20	20	10 the county clerk of the county where a decedent last resided,
21	21	11 as indicated on the decedent's death certificate, shall may
22	22	12 issue certifications of death records from that system and
23	23	13 shall may use that system to cancel the registration of any
24	24	14 person who has died during the preceding month. Regardless of
25	25	15 whether or not such a system has been established, it is the
26	26	16 duty of the county clerk to examine, monthly, the records
27	27	17 deposited in his or her office pursuant to the Vital Records
28	28	18 Act that relate to deaths in the county, and to cancel the
29	29	19 registration of any person who has died during the preceding
30	30	20 month. The county coroner, medical examiner, or physician for
31	31	21 a county or any other individual responsible for certification
32	32	22 of death under Section 18 of the Vital Records Act shall
33	33	23 promptly transmit certified records to the county clerk within
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37	37	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2176 Introduced , by Rep. Adam M. Niemerg SYNOPSIS AS INTRODUCED:
38	38	10 ILCS 5/4-14.1 from Ch. 46, par. 4-14.1 10 ILCS 5/4-14.1 from Ch. 46, par. 4-14.1
39	39	10 ILCS 5/4-14.1 from Ch. 46, par. 4-14.1
40	40	Amends the Election Code. Provides that the county clerk of a county where a decedent last resided shall (rather than may) issue certifications of death records from the electronic reporting system for death registrations and shall (rather than may) use that system to cancel the registration of any person who has died during the preceding month. Requires a county coroner, medical examiner, or physician for a county or any other individual responsible for certification of death under the Vital Records Act to promptly transmit certified records to the county clerk within 7 days after the death. Requires the county clerk and coroner to report quarterly to its affiliated county board and certify its full compliance with the provisions and accuracy of the voter rolls. Allows an individual to request a copy of the county clerk's or coroner's report and allows for relief if the county clerk fails to provide an accurate report within specified time frames.
41	41	LRB103 26230 BMS 52589 b LRB103 26230 BMS 52589 b
42	42	LRB103 26230 BMS 52589 b
43	43	A BILL FOR
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49	49	10 ILCS 5/4-14.1 from Ch. 46, par. 4-14.1
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68	68	1 7 days after the death of the decedent. The county clerk and
69	69	2 coroner shall report quarterly to its affiliated county board
70	70	3 and certify its full compliance with this Section and accuracy
71	71	4 of the voter rolls.
72	72	5 (b) Any person may request a copy of the report required in
73	73	6 subsection (a). Failure to provide an accurate report by the
74	74	7 county clerk within 5 business days, or 48 hours if 30 days
75	75	8 before an election, may file suit for injunction or
76	76	9 declaratory relief to enforce subsection (a) or this
77	77	10 subsection (b).
78	78	11 (c) The circuit court shall have the jurisdiction to order
79	79	12 the production of the required: (i) deposits of records; (ii)
80	80	13 reports; and (iii) documents in compliance with subsection
81	81	14 (a), including establishing the accuracy of the voter
82	82	15 registration rolls.
83	83	16 (d) If a person seeking the right to receive a copy of the
84	84	17 documents pursuant to subsection (a) or enforce the provision
85	85	18 of subsection (a) prevails in a proceeding under this Section,
86	86	19 the court shall award such person reasonable attorney's fees
87	87	20 and costs. In determining what amount of attorney's fees is
88	88	21 reasonable, the court shall consider the degree to which the
89	89	22 relief obtained relates to the relief sought.
90	90	23 (e) If the court determines that a public body willfully
91	91	24 and intentionally failed to comply with this Section, or
92	92	25 otherwise acted in bad faith, the court shall also impose upon
93	93	26 the public body a civil penalty of not less than $2,500 nor
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104	104	1 more than $5,000 for each occurrence. In assessing the civil
105	105	2 penalty, the court shall consider in aggravation or mitigation
106	106	3 the budget of the public body and whether the public body has
107	107	4 previously been assessed penalties for violations of this
108	108	5 Section. The court may impose an additional penalty of up to
109	109	6 $1,000 for each day the violation continues if:
110	110	7 (1) the public body fails to comply with the court's
111	111	8 order after 30 days;
112	112	9 (2) the court's order is not on appeal or stayed; and
113	113	10 (3) the court does not grant the public body
114	114	11 additional time to comply with the court's order to
115	115	12 disclose public records.
116	116	13 (Source: P.A. 96-1484, eff. 1-1-11.)
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