103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB0144

 

Introduced 1/25/2023, by Sen. Sally J. Turner

 

SYNOPSIS AS INTRODUCED:
 
10 ILCS 5/9-35

    Amends the Election Code. Provides that intentional failure to disclose material information required for registration (rather than intentional, willful, or material failure to disclose information required for registration) is subject to a civil penalty imposed by the State Board of Elections. Effective immediately.


LRB103 25010 AWJ 51344 b

 

 

A BILL FOR

 

SB0144LRB103 25010 AWJ 51344 b

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
5Section 9-35 as follows:
 
6    (10 ILCS 5/9-35)
7    Sec. 9-35. Registration of business entities.
8    (a) This Section governs the procedures for the
9registration required under Section 20-160 of the Illinois
10Procurement Code.
11    For the purposes of this Section, the terms
12"officeholder", "State contract", "business entity", "State
13agency", "affiliated entity", and "affiliated person" have the
14meanings ascribed to those terms in Section 50-37 of the
15Illinois Procurement Code.
16    (b) Registration under Section 20-160 of the Illinois
17Procurement Code, and any changes to that registration, must
18be made electronically, and the State Board of Elections by
19rule shall provide for electronic registration; except that
20the State Board may adopt emergency rules providing for a
21temporary filing system, effective through August 1, 2009,
22under which business entities must file the required
23registration forms provided by the Board via e-mail attachment

 

 

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1in a PDF file or via another type of mail service and must
2receive from the State Board registration certificates via
3e-mail or paper registration certificates. The State Board
4shall retain the registrations submitted by business entities
5via e-mail or another type of mail service for at least 6
6months following the establishment of the electronic
7registration system required by this subsection.
8    Each registration must contain substantially the
9following:
10        (1) The name and address of the business entity.
11        (2) The name and address of any affiliated entity of
12    the business entity, including a description of the
13    affiliation.
14        (3) The name and address of any affiliated person of
15    the business entity, including a description of the
16    affiliation.
17    (c) The Board shall provide a certificate of registration
18to the business entity. The certificate shall be electronic,
19except as otherwise provided in this Section, and accessible
20to the business entity through the State Board of Elections'
21website and protected by a password. Within 60 days after
22establishment of the electronic system, each business entity
23that submitted a registration via e-mail attachment or paper
24copy pursuant to this Section shall re-submit its registration
25electronically. At the time of re-submission, the State Board
26of Elections shall provide an electronic certificate of

 

 

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1registration to that business entity.
2    (d) Any business entity required to register under Section
320-160 of the Illinois Procurement Code shall provide a copy
4of the registration certificate, by first class mail or hand
5delivery within 10 days after registration, to each affiliated
6entity or affiliated person whose identity is required to be
7disclosed. Failure to provide notice to an affiliated entity
8or affiliated person is a business offense for which the
9business entity is subject to a fine not to exceed $1,001.
10    (e) In addition to any penalty under Section 20-160 of the
11Illinois Procurement Code, intentional failure to disclose
12material , willful, or material failure to disclose information
13required for registration is subject to a civil penalty
14imposed by the State Board of Elections. The State Board shall
15impose a civil penalty of $1,000 per business day for failure
16to update a registration.
17    (f) Any business entity required to register under Section
1820-160 of the Illinois Procurement Code shall notify any
19political committee to which it makes a contribution, at the
20time of the contribution, that the business entity is
21registered with the State Board of Elections under Section
2220-160 of the Illinois Procurement Code. Any affiliated entity
23or affiliated person of a business entity required to register
24under Section 20-160 of the Illinois Procurement Code shall
25notify any political committee to which it makes a
26contribution that it is affiliated with a business entity

 

 

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1registered with the State Board of Elections under Section
220-160 of the Illinois Procurement Code.
3    (g) The State Board of Elections on its official website
4shall have a searchable database containing (i) all
5information required to be submitted to the Board under
6Section 20-160 of the Illinois Procurement Code and (ii) all
7reports filed under this Article with the State Board of
8Elections by all political committees. For the purposes of
9databases maintained by the State Board of Elections,
10"searchable" means able to search by "political committee", as
11defined in this Article, and by "officeholder", "State
12agency", "business entity", "affiliated entity", and
13"affiliated person". The Board shall not place the name of a
14minor child on the website. However, the Board shall provide a
15link to all contributions made by anyone reporting the same
16residential address as any affiliated person. In addition, the
17State Board of Elections on its official website shall provide
18an electronic connection to any searchable database of State
19contracts maintained by the Comptroller, searchable by
20business entity.
21    (h) The State Board of Elections shall have rulemaking
22authority to implement this Section.
23(Source: P.A. 95-971, eff. 1-1-09; 95-1038, eff. 3-11-09.)
 
24    Section 99. Effective date. This Act takes effect upon
25becoming law.