Bill Text: IL SB0144 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2025-01-07 - Session Sine Die [SB0144 Detail]

Download: Illinois-2023-SB0144-Introduced.html

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

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

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

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