Illinois 96th Regular Session Status: Enacted

SB 146 — ELECTIONS ROBO CALLS

Last action — Public Act . . . . . . . . . 96-0848

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 30, 2009. Enacted.

Prognosis

Likely to advance 72% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 2 sponsors

    0 primary, 2 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 4 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Amends the Election Code. Makes it unlawful to telephone or cause to be telephoned any paid message that expressly advocates the nomination, election, or defeat of a clearly identified State or local candidate without a specified disclosure of the message's sponsoring entity or responsible individual. Effective immediately.

Bill Text

What changed in the latest version

551 added · 79 removed

Plain-language change summary

The updated version of SB 146 adds a new section that outlines the procedures for filling vacancies in candidate nominations during special elections, specifying the timelines for when these vacancies must be addressed. In contrast, the previous version included provisions regarding disclosure requirements for political communications, which have now been removed. This change is significant as it streamlines the process for managing candidate nominations in special elections, ensuring that any vacancies are resolved in a timely manner, while also shifting focus away from communication disclosures.

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SB0146 Engrossed LRB096 04504 JAM 14558 b AN ACT concerning elections.
SB0146 Enrolled LRB096 04504 JAM 14558 b AN ACT concerning elections.
The Election Code is amended by changing Section 9-9.5 as follows:
If and only if House Bill 723 of the 96th General Assembly becomes law, the Election Code is amended by changing Section 7-61 as follows:
(10 ILCS 5/9-9.5) Sec.
(10 ILCS 5/7-61) (from Ch.
9-9.5.
46, par.
Disclosures in political communications.
7-61) Sec.
(a) Any political committee, organized under the Election Code, that makes an expenditure for a pamphlet, circular, handbill, Internet or telephone communication, radio, television, or print advertisement, or other communication directed at voters and mentioning the name of a candidate in the next upcoming election shall ensure that the name of the political committee paying for any part of the communication, including, but not limited to, its preparation and distribution, is identified clearly within the communication as the payor.
7-61.
This subsection does not apply to items that are too small to contain the required disclosure.
Whenever a special election is necessary the provisions of this Article are applicable to the nomination of candidates to be voted for at such special election.
Nothing in this subsection shall require disclosure on any telephone communication using random sampling or other scientific survey methods to gauge public opinion for or against any candidate or question of public policy.
In cases where a primary election is required the officer or board or commission whose duty it is under the provisions of this Act relating to general elections to call an election, shall fix a date for the primary for the nomination of candidates to be voted for at such special election.
Whenever any vendor or other person provides any of the SB0146 Engrossed - 2 - LRB096 04504 JAM 14558 b services listed in this subsection, other than any telephone communication using random sampling or other scientific survey methods to gauge public opinion for or against any candidate or question of public policy, the vendor or person shall keep and maintain records showing the name and address of the person who purchased or requested the services and the amount paid for the services.
Notice of such primary shall be given at least 15 days prior to the maximum time provided for the filing of petitions for such a primary as provided in Section 7-12.
The records required by this subsection shall be kept for a period of one year after the date upon which payment was received for the services.
Any vacancy in nomination under the provisions of this Article 7 occurring on or after the primary and prior to certification of candidates by the certifying board or officer, must be filled prior to the date of certification.
(b) Any political committee, organized under this Code, that makes an expenditure for a pamphlet, circular, handbill, Internet or telephone communication, radio, television, or print advertisement, or other communication directed at voters and (i) mentioning the name of a candidate in the next upcoming election, without that candidate's permission, or (ii) advocating for or against a public policy position shall ensure that the name of the political committee paying for any part of the communication, including, but not limited to, its preparation and distribution, is identified clearly within the communication.
Any vacancy in nomination occurring after certification but prior to 15 SB0146 Enrolled - 2 - LRB096 04504 JAM 14558 b days before the general election shall be filled within 8 days after the event creating the vacancy.
Nothing in this subsection shall require disclosure on any telephone communication using random sampling or other scientific survey methods to gauge public opinion for or against any candidate or question of public policy.
The resolution filling the vacancy shall be sent by U.
(c) A political committee organized under this Code shall not make an expenditure for any unsolicited telephone call to SB0146 Engrossed - 3 - LRB096 04504 JAM 14558 b the line of a residential telephone customer in this State using any method to block or otherwise circumvent that customer's use of a caller identification service.
S.
(d) Notwithstanding any other provision of this Section, it is unlawful for a person or entity to telephone or cause to be telephoned by any telephonic means, including but not limited to an automatic dialing-announcing device, a device using a voice over Internet protocol, or a wireless telephone, any paid, pre-recorded message that expressly advocates the nomination, election, or defeat of a clearly identified candidate for a State or local office, unless such message is preceded by the statement:
mail or personal delivery to the certifying officer or board within 3 days of the action by which the vacancy was filled;
"paid for" or "sponsored by", followed by (i) the name of the sponsoring organization and the name of the chairperson or treasurer of the political or other organization sponsoring the message or (ii) the name of the individual who is responsible for the message.
provided, if such resolution is sent by mail and the U.
As used in this subsection, "automatic dialing-announcing device" means any user terminal equipment that:
S.
(1) when connected to a telephone line can dial, with or without manual assistance, telephone numbers that have been stored or programmed in the device or are produced or selected by a random or sequential number generator;
postmark on the envelope containing such resolution is dated prior to the expiration of such 3 day limit, the resolution shall be deemed filed within such 3 day limit.
or (2) when connected to a telephone line can disseminate a recorded message to the telephone number called, either with or without manual assistance.
Failure to so transmit the resolution within the time specified in this Section shall authorize the certifying officer or board to certify the original candidate.
Vacancies shall be filled by the officers of a local municipal or township political party as specified in subsection (h) of Section 7-8, other than a statewide political party, that is established only within a municipality or township and the managing committee (or legislative committee in case of a candidate for State Senator or representative committee in the case of a candidate for State Representative in the General Assembly or State central committee in the case of a candidate for statewide office, including but not limited to the office of United States Senator) of the respective political party for the territorial area in which such vacancy occurs.
The resolution to fill a vacancy in nomination shall be duly acknowledged before an officer qualified to take acknowledgements of deeds and shall include, upon its face, the following information:
SB0146 Enrolled - 3 - LRB096 04504 JAM 14558 b (a) the name of the original nominee and the office vacated;
(b) the date on which the vacancy occurred;
(c) the name and address of the nominee selected to fill the vacancy and the date of selection.
The resolution to fill a vacancy in nomination shall be accompanied by a Statement of Candidacy, as prescribed in Section 7-10, completed by the selected nominee and a receipt indicating that such nominee has filed a statement of economic interests as required by the Illinois Governmental Ethics Act.
The provisions of Section 10-8 through 10-10.1 relating to objections to certificates of nomination and nomination papers, hearings on objections, and judicial review, shall apply to and govern objections to resolutions for filling a vacancy in nomination.
Any vacancy in nomination occurring 15 days or less before the consolidated election or the general election shall not be filled.
In this event, the certification of the original candidate shall stand and his name shall appear on the official ballot to be voted at the general election.
A vacancy in nomination occurs when a candidate who has been nominated under the provisions of this Article 7 dies before the election (whether death occurs prior to, on or after the day of the primary), or declines the nomination;
provided that nominations may become vacant for other reasons.
If the name of no established political party candidate was SB0146 Enrolled - 4 - LRB096 04504 JAM 14558 b printed on the consolidated primary ballot for a particular office and if no person was nominated as a write-in candidate for such office, a vacancy in nomination shall be created which may be filled in accordance with the requirements of this Section.
If the name of no established political party candidate was printed on the general primary ballot for a particular office and if no person was nominated as a write-in candidate for such office, a vacancy in nomination shall be filled only by a person designated by the appropriate committee of the political party and only if that designated person files nominating petitions with the number of signatures required for an established party candidate for that office within 75 days after the day of the general primary.
The circulation period for those petitions begins on the day the appropriate committee designates that person.
The person shall file his or her nominating petitions, statements of candidacy, notice of appointment by the appropriate committee, and receipt of filing his or her statement of economic interests together.
These documents shall be filed at the same location as provided in Section 7-12.
The electoral boards having jurisdiction under Section 10-9 to hear and pass upon objections to nominating petitions also State Board of Elections shall hear and pass upon all objections to nomination petitions filed by candidates under this paragraph.
A candidate for whom a nomination paper has been filed as a partisan candidate at a primary election, and who is defeated SB0146 Enrolled - 5 - LRB096 04504 JAM 14558 b for his or her nomination at such primary election, is ineligible to be listed on the ballot at that general or consolidated election as a candidate of another political party.
A candidate seeking election to an office for which candidates of political parties are nominated by caucus who is a participant in the caucus and who is defeated for his or her nomination at such caucus, is ineligible to be listed on the ballot at that general or consolidated election as a candidate of another political party.
In the proceedings to nominate a candidate to fill a vacancy or to fill a vacancy in the nomination, each precinct, township, ward, county or congressional district, as the case may be, shall through its representative on such central or managing committee, be entitled to one vote for each ballot voted in such precinct, township, ward, county or congressional district, as the case may be, by the primary electors of its party at the primary election immediately preceding the meeting at which such vacancy is to be filled.
For purposes of this Section, the words "certify" and "certification" shall refer to the act of officially declaring the names of candidates entitled to be printed upon the official ballot at an election and directing election authorities to place the names of such candidates upon the official ballot.
"Certifying officers or board" shall refer to the local election official, election authority or the State SB0146 Enrolled - 6 - LRB096 04504 JAM 14558 b Board of Elections, as the case may be, with whom nomination papers, including certificates of nomination and resolutions to fill vacancies in nomination, are filed and whose duty it is to "certify" candidates.
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94-1000, eff.
96HB0723enr.) Section 10.
7-3-06;
The Illinois Procurement Code is amended by changing Sections 20-160 and 50-37 as follows:
SB0146 Engrossed - 4 - LRB096 04504 JAM 14558 b 95-699, eff.
(30 ILCS 500/20-160) Sec.
11-9-07.) Section 99.
20-160.
Business entities;
certification;
registration with the State Board of Elections.
(a) For purposes of this Section, the terms "business entity", "contract", "State contract", "contract with a State agency", "State agency", "affiliated entity", and "affiliated person" have the meanings ascribed to those terms in Section 50-37.
(b) Every bid submitted to and every contract executed by the State on or after January 1, 2009 (the effective date of Public this amendatory Act 95-971) of the 95th General Assembly shall contain (1) a certification by the bidder or contractor that either (i) the bidder or contractor is not required to register as a business entity with the State Board of Elections pursuant to this Section or (ii) the bidder or contractor has registered as a business entity with the State Board of Elections and acknowledges a continuing duty to update the SB0146 Enrolled - 7 - LRB096 04504 JAM 14558 b registration and (2) a statement that the contract is voidable under Section 50-60 for the bidder's or contractor's failure to comply with this Section.
(c) Within 30 days after the effective date of this amendatory Act of the 95th General Assembly, each business entity (i) whose aggregate bids and proposals on State contracts annually total more than $50,000, (ii) whose aggregate bids and proposals on State contracts combined with the business entity's aggregate annual total value of State contracts exceed $50,000, or (iii) whose contracts with State agencies, in the aggregate, annually total more than $50,000 shall register with the State Board of Elections in accordance with Section 9-35 of the Election Code.
A business entity required to register under this subsection shall submit a copy of the certificate of registration to the applicable chief procurement officer within 90 days after the effective date of this amendatory Act of the 95th General Assembly.
A business entity required to register under this subsection due to item (i) or (ii) has a continuing duty to ensure that the registration is accurate during the period beginning on the date of registration and ending on the day after the date the contract is awarded;
any change in information must be reported to the State Board of Elections within 2 business days following such change.
A business entity required to register under this subsection due to item (iii) has a continuing duty to ensure that the registration is accurate in accordance with SB0146 Enrolled - 8 - LRB096 04504 JAM 14558 b subsection (e) (f).
(d) Any business entity, not required under subsection (c) to register within 30 days after the effective date of this amendatory Act of the 95th General Assembly, whose aggregate bids and proposals on State contracts annually total more than $50,000, or whose aggregate bids and proposals on State contracts combined with the business entity's aggregate annual total value of State contracts exceed $50,000, shall register with the State Board of Elections in accordance with Section 9-35 of the Election Code prior to submitting to a State agency the bid or proposal whose value causes the business entity to fall within the monetary description of this subsection.
A business entity required to register under this subsection has a continuing duty to ensure that the registration is accurate during the period beginning on the date of registration and ending on the day after the date the contract is awarded.
Any change in information must be reported to the State Board of Elections within 5 2 business days following such change or no later than a day before the contract is awarded, whichever date is earlier.
(e) A business entity whose contracts with State agencies, in the aggregate, annually total more than $50,000 must maintain its registration under this Section and has a continuing duty to ensure that the registration is accurate for the duration of the term of office of the incumbent officeholder awarding the contracts or for a period of 2 years SB0146 Enrolled - 9 - LRB096 04504 JAM 14558 b following the expiration or termination of the contracts, whichever is longer.
A business entity, required to register under this subsection, has a continuing duty to report any changes on a quarterly basis to the State Board of Elections within 10 business days following the last day of January, April, July, and October of each year.
Any update pursuant to this paragraph that is received beyond that date is presumed late and the civil penalty authorized by subsection (e) of Section 9-35 of the Election Code (10 ILCS 5/9-35) may be assessed.
Also, Any change in information shall be reported to the State Board of Elections within 10 days following such change;
however, if a business entity required to register under this subsection has a pending bid or proposal, any change in information shall be reported to the State Board of Elections within 5 2 business days or no later than a day before the contract is awarded, whichever date is earlier.
(f) A business entity's continuing duty under this Section to ensure the accuracy of its registration includes the requirement that the business entity notify the State Board of Elections of any change in information, including but not limited to changes of affiliated entities or affiliated persons.
(g) A copy of a certificate of registration must accompany any bid or proposal for a contract with a State agency by a business entity required to register under this Section.
A SB0146 Enrolled - 10 - LRB096 04504 JAM 14558 b chief procurement officer shall not accept a bid or proposal unless the certificate is submitted to the agency with the bid or proposal.
(h) A registration, and any changes to a registration, must include the business entity's verification of accuracy and subjects the business entity to the penalties of the laws of this State for perjury.
In addition to any penalty under Section 9-35 of the Election Code, intentional, willful, or material failure to disclose information required for registration shall render the contract, bid, proposal, or other procurement relationship voidable by the chief procurement officer if he or she deems it to be in the best interest of the State of Illinois.
(i) This Section applies regardless of the method of source selection used in awarding the contract.
(Source:
P.A.
95-971, eff.
1-1-09.) (30 ILCS 500/50-37) Sec.
50-37.
Prohibition of political contributions.
(a) As used in this Section:
The terms "contract", "State contract", and "contract with a State agency" each mean any contract, as defined in this Code, between a business entity and a State agency let or awarded pursuant to this Code.
The terms "contract", "State contract", and "contract with a State agency" do not include cost reimbursement contracts;
purchase of care SB0146 Enrolled - 11 - LRB096 04504 JAM 14558 b agreements as defined in Section 1-15.68 of this Code;
contracts for projects eligible for full or partial federal-aid funding reimbursements authorized by the Federal Highway Administration;
grants, including but are not limited to grants for job training or transportation;
and grants, loans, or tax credit agreements for economic development purposes.
"Contribution" means a contribution as defined in Section 9-1.4 of the Election Code.
"Declared candidate" means a person who has filed a statement of candidacy and petition for nomination or election in the principal office of the State Board of Elections.
"State agency" means and includes all boards, commissions, agencies, institutions, authorities, and bodies politic and corporate of the State, created by or in accordance with the Illinois Constitution or State statute, of the executive branch of State government and does include colleges, universities, public employee retirement systems, and institutions under the jurisdiction of the governing boards of the University of Illinois, Southern Illinois University, Illinois State University, Eastern Illinois University, Northern Illinois University, Western Illinois University, Chicago State University, Governors State University, Northeastern Illinois University, and the Illinois Board of Higher SB0146 Enrolled - 12 - LRB096 04504 JAM 14558 b Education.
"Officeholder" means the Governor, Lieutenant Governor, Attorney General, Secretary of State, Comptroller, or Treasurer.
The Governor shall be considered the officeholder responsible for awarding all contracts by all officers and employees of, and vendors and others doing business with, executive branch State agencies under the jurisdiction of the Executive Ethics Commission and not within the jurisdiction of the Attorney General, the Secretary of State, the Comptroller, or the Treasurer.
"Sponsoring entity" means a sponsoring entity as defined in Section 9-3 of the Election Code.
"Affiliated person" means (i) any person with any ownership interest or distributive share of the bidding or contracting business entity in excess of 7.5%, (ii) executive employees of the bidding or contracting business entity, and (iii) the spouse and minor children of any such persons.
"Affiliated person" does not include a person prohibited by federal law from making contributions or expenditures in connection with a federal, state, or local election.
"Affiliated entity" means (i) any corporate parent and each operating subsidiary of the bidding or contracting business entity, (ii) each operating subsidiary of the corporate parent of the bidding or contracting business SB0146 Enrolled - 13 - LRB096 04504 JAM 14558 b entity any member of the same unitary business group, (iii) any organization recognized by the United States Internal Revenue Service as a tax-exempt organization described in Section 501(c) of the Internal Revenue Code of 1986 (or any successor provision of federal tax law) established by the bidding or contracting business entity, any affiliated entity of that business entity, or any affiliated person of that business entity, or (iv) any political committee for which the bidding or contracting business entity, or any 501(c) organization described in item (iii) related to that business entity, is the sponsoring entity.
"Affiliated entity" does not include an entity prohibited by federal law from making contributions or expenditures in connection with a federal, state, or local election.
"Business entity" means any entity doing business for profit, whether organized as a corporation, partnership, sole proprietorship, limited liability company or partnership, or otherwise.
"Executive employee" means (i) the President, Chairman, or Chief Executive Officer of a business entity and any other individual that fulfills equivalent duties as the President, Chairman of the Board, or Chief Executive Officer of a business entity;
and (ii) any employee of a business entity whose compensation is determined directly, in whole or in part, by the award or payment of contracts by a State agency to the entity employing the employee.
A SB0146 Enrolled - 14 - LRB096 04504 JAM 14558 b regular salary that is paid irrespective of the award or payment of a contract with a State agency shall not constitute "compensation" under item (ii) of this definition, or other employee with executive decision-making authority over the long-term and day-to-day affairs of the entity employing the employee, or an employee whose compensation is determined directly, in whole or in part, by the award or payment of contracts by a State agency to the entity employing the employee.
"Executive employee" does not include any person prohibited by federal law from making contributions or expenditures in connection with a federal, state, or local election.
(b) Any business entity whose contracts with State agencies, in the aggregate, annually total more than $50,000, and any affiliated entities or affiliated persons of such business entity, are prohibited from making any contributions to any political committees established to promote the candidacy of (i) the officeholder responsible for awarding the contracts or (ii) any other declared candidate for that office.
This prohibition shall be effective for the duration of the term of office of the incumbent officeholder awarding the contracts or for a period of 2 years following the expiration or termination of the contracts, whichever is longer.
(c) Any business entity whose aggregate pending bids and proposals on State contracts total more than $50,000, or whose SB0146 Enrolled - 15 - LRB096 04504 JAM 14558 b aggregate pending bids and proposals on State contracts combined with the business entity's aggregate annual total value of State contracts exceed $50,000, and any affiliated entities or affiliated persons of such business entity, are prohibited from making any contributions to any political committee established to promote the candidacy of the officeholder responsible for awarding the contract on which the business entity has submitted a bid or proposal during the period beginning on the date the invitation for bids or request for proposals is issued and ending on the day after the date the contract is awarded.
(d) All contracts between State agencies and a business entity that violate subsection (b) or (c) shall be voidable under Section 50-60.
If a business entity violates subsection (b) 3 or more times within a 36-month period, then all contracts between State agencies and that business entity shall be void, and that business entity shall not bid or respond to any invitation to bid or request for proposals from any State agency or otherwise enter into any contract with any State agency for 3 years from the date of the last violation.
A notice of each violation and the penalty imposed shall be published in both the Procurement Bulletin and the Illinois Register.
(e) Any political committee that has received a contribution in violation of subsection (b) or (c) shall pay an amount equal to the value of the contribution to the State no SB0146 Enrolled - 16 - LRB096 04504 JAM 14558 b more than 30 days after notice of the violation concerning the contribution appears in the Illinois Register.
Payments received by the State pursuant to this subsection shall be deposited into the general revenue fund.
(Source:
P.A.
95-971, eff.
1-1-09;
95-1038, eff.
3-11-09.) Section 15.
If and only if Senate Bill 51 of the 96th General Assembly, as enrolled, becomes law, then the Illinois Procurement Code is amended by changing Section 50-37 as follows:
(30 ILCS 500/50-37) Sec.
50-37.
Prohibition of political contributions.
(a) As used in this Section:
The terms "contract", "State contract", and "contract with a State agency" each mean any contract, as defined in this Code, between a business entity and a State agency let or awarded pursuant to this Code.
The terms "contract", "State contract", and "contract with a State agency" do not include cost reimbursement contracts;
purchase of care agreements as defined in Section 1-15.68 of this Code;
contracts for projects eligible for full or partial federal-aid funding reimbursements authorized by the Federal Highway Administration;
grants, including but are not limited to grants for job training or transportation;
and grants, loans, or tax credit agreements for economic SB0146 Enrolled - 17 - LRB096 04504 JAM 14558 b development purposes.
"Contribution" means a contribution as defined in Section 9-1.4 of the Election Code.
"Declared candidate" means a person who has filed a statement of candidacy and petition for nomination or election in the principal office of the State Board of Elections.
"State agency" means and includes all boards, commissions, agencies, institutions, authorities, and bodies politic and corporate of the State, created by or in accordance with the Illinois Constitution or State statute, of the executive branch of State government and does include colleges, universities, public employee retirement systems, and institutions under the jurisdiction of the governing boards of the University of Illinois, Southern Illinois University, Illinois State University, Eastern Illinois University, Northern Illinois University, Western Illinois University, Chicago State University, Governors State University, Northeastern Illinois University, and the Illinois Board of Higher Education.
"Officeholder" means the Governor, Lieutenant Governor, Attorney General, Secretary of State, Comptroller, or Treasurer.
The Governor shall be considered the officeholder responsible for awarding all contracts by all officers and employees of, and vendors and SB0146 Enrolled - 18 - LRB096 04504 JAM 14558 b others doing business with, executive branch State agencies under the jurisdiction of the Executive Ethics Commission and not within the jurisdiction of the Attorney General, the Secretary of State, the Comptroller, or the Treasurer.
"Sponsoring entity" means a sponsoring entity as defined in Section 9-3 of the Election Code.
"Affiliated person" means (i) any person with any ownership interest or distributive share of the bidding or contracting business entity in excess of 7.5%, (ii) executive employees of the bidding or contracting business entity, and (iii) the spouse of any such persons.
"Affiliated person" does not include a person prohibited by federal law from making contributions or expenditures in connection with a federal, state, or local election.
"Affiliated entity" means (i) any corporate parent and each operating subsidiary of the bidding or contracting business entity, (ii) each operating subsidiary of the corporate parent of the bidding or contracting business entity, (iii) any organization recognized by the United States Internal Revenue Service as a tax-exempt organization described in Section 501(c) of the Internal Revenue Code of 1986 (or any successor provision of federal tax law) established by the bidding or contracting business entity, any affiliated entity of that business entity, or any affiliated person of that business entity, or (iv) any SB0146 Enrolled - 19 - LRB096 04504 JAM 14558 b political committee for which the bidding or contracting business entity, or any 501(c) organization described in item (iii) related to that business entity, is the sponsoring entity.
"Affiliated entity" does not include an entity prohibited by federal law from making contributions or expenditures in connection with a federal, state, or local election.
"Business entity" means any entity doing business for profit, whether organized as a corporation, partnership, sole proprietorship, limited liability company or partnership, or otherwise.
"Executive employee" means (i) the President, Chairman, or Chief Executive Officer of a business entity and any other individual that fulfills equivalent duties as the President, Chairman of the Board, or Chief Executive Officer of a business entity;
and (ii) any employee of a business entity whose compensation is determined directly, in whole or in part, by the award or payment of contracts by a State agency to the entity employing the employee.
A regular salary that is paid irrespective of the award or payment of a contract with a State agency shall not constitute "compensation" under item (ii) of this definition.
"Executive employee" does not include any person prohibited by federal law from making contributions or expenditures in connection with a federal, state, or local election.
SB0146 Enrolled - 20 - LRB096 04504 JAM 14558 b (b) Any business entity whose contracts with State agencies, in the aggregate, annually total more than $50,000, and any affiliated entities or affiliated persons of such business entity, are prohibited from making any contributions to any political committees established to promote the candidacy of (i) the officeholder responsible for awarding the contracts or (ii) any other declared candidate for that office.
This prohibition shall be effective for the duration of the term of office of the incumbent officeholder awarding the contracts or for a period of 2 years following the expiration or termination of the contracts, whichever is longer.
(c) Any business entity whose aggregate pending bids and proposals on State contracts total more than $50,000, or whose aggregate pending bids and proposals on State contracts combined with the business entity's aggregate annual total value of State contracts exceed $50,000, and any affiliated entities or affiliated persons of such business entity, are prohibited from making any contributions to any political committee established to promote the candidacy of the officeholder responsible for awarding the contract on which the business entity has submitted a bid or proposal during the period beginning on the date the invitation for bids or request for proposals is issued and ending on the day after the date the contract is awarded.
(d) All contracts between State agencies and a business entity that violate subsection (b) or (c) shall be voidable SB0146 Enrolled - 21 - LRB096 04504 JAM 14558 b under Section 50-60.
If a business entity violates subsection (b) 3 or more times within a 36-month period, then all contracts between State agencies and that business entity shall be void, and that business entity shall not bid or respond to any invitation to bid or request for proposals from any State agency or otherwise enter into any contract with any State agency for 3 years from the date of the last violation.
A notice of each violation and the penalty imposed shall be published in both the Procurement Bulletin and the Illinois Register.
(e) Any political committee that has received a contribution in violation of subsection (b) or (c) shall pay an amount equal to the value of the contribution to the State no more than 30 days after notice of the violation concerning the contribution appears in the Illinois Register.
Payments received by the State pursuant to this subsection shall be deposited into the general revenue fund.
(Source:
P.A.
95-971, eff.
1-1-09;
95-1038, eff.
3-11-09;
09600SB0051enr.) Section 99.
This Act takes effect upon becoming law.
This Act takes effect January 1, 2010, except that Section 15 takes effect July 1, 2010.
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Action History

  1. Public Act . . . . . . . . . 96-0848

  2. Effective Date July 1, 2010; Some Parts

  3. Effective Date January 1, 2010; Generally

  4. Governor Approved

  5. Sent to the Governor

  6. Passed Both Houses

  7. House Floor Amendment No. 3 Senate Concurs 058-000-000

  8. House Committee Amendment No. 1 Senate Concurs 058-000-000

  9. Chief Sponsor Changed to Sen. Terry Link

  10. House Floor Amendment No. 3 Motion To Concur Recommended Do Adopt Executive; 012-000-000

  11. House Committee Amendment No. 1 Motion To Concur Recommended Do Adopt Executive; 012-000-000

  12. House Floor Amendment No. 3 Motion to Concur Assignments Referred to Executive

  13. House Committee Amendment No. 1 Motion to Concur Assignments Referred to Executive

  14. House Floor Amendment No. 3 Motion to Concur Referred to Assignments

  15. House Floor Amendment No. 3 Motion to Concur Filed with Secretary Sen. Ira I. Silverstein

  16. House Committee Amendment No. 1 Motion to Concur Referred to Assignments

  17. House Committee Amendment No. 1 Motion to Concur Filed with Secretary Sen. Ira I. Silverstein

  18. Placed on Calendar Order of Concurrence House Amendment(s) 1, 3 - October 30, 2009

  19. Secretary's Desk - Concurrence House Amendment(s) 1, 3

  20. House Floor Amendment No. 2 Tabled Pursuant to Rule 40(a)

  21. Third Reading - Short Debate - Passed 106-008-000

  22. Placed on Calendar Order of 3rd Reading - Short Debate

  23. House Floor Amendment No. 3 Adopted by Voice Vote

  24. House Floor Amendment No. 3 Recommends Be Adopted Elections & Campaign Reform Committee; 006-000-000

  25. House Floor Amendment No. 3 Rules Refers to Elections & Campaign Reform Committee

  26. House Floor Amendment No. 3 Referred to Rules Committee

  27. House Floor Amendment No. 3 Filed with Clerk by Rep. Sidney H. Mathias

  28. Placed on Calendar 2nd Reading - Short Debate

  29. Added Alternate Chief Co-Sponsor Rep. Mike Fortner

  30. Approved for Consideration Rules Committee; 004-000-000

  31. Final Action Deadline Extended-9(b) November 30, 2009

  32. Rule 19(a) / Re-referred to Rules Committee

  33. Final Action Deadline Extended-9(b) May 31, 2009

  34. House Floor Amendment No. 2 Referred to Rules Committee

  35. House Floor Amendment No. 2 Filed with Clerk by Rep. Sidney H. Mathias

  36. Added Alternate Co-Sponsor Rep. Al Riley

  37. Final Action Deadline Extended-9(b) May 29, 2009

  38. Held on Calendar Order of Second Reading - Short Debate

  39. Second Reading - Short Debate

  40. Added Alternate Chief Co-Sponsor Rep. Naomi D. Jakobsson

  41. Added Alternate Chief Co-Sponsor Rep. John D'Amico

  42. Added Alternate Chief Co-Sponsor Rep. Mike Boland

  43. Held on Calendar Order of Second Reading - Short Debate

  44. Second Reading - Short Debate

  45. Placed on Calendar 2nd Reading - Short Debate

  46. Do Pass as Amended / Short Debate Elections & Campaign Reform Committee; 009-000-000

  47. House Committee Amendment No. 1 Adopted in Elections & Campaign Reform Committee; by Voice Vote

  48. House Committee Amendment No. 1 Filed with Clerk by Elections & Campaign Reform Committee

  49. Assigned to Elections & Campaign Reform Committee

  50. Referred to Rules Committee

  51. First Reading

  52. Chief House Sponsor Rep. Sidney H. Mathias

  53. Placed on Calendar Order of First Reading

  54. Arrived in House

  55. Third Reading - Passed; 057-000-000

  56. Added as Co-Sponsor Sen. Martin A. Sandoval

  57. Added as Chief Co-Sponsor Sen. Linda Holmes

  58. Added as Chief Co-Sponsor Sen. Terry Link

  59. Placed on Calendar Order of 3rd Reading March 26, 2009

  60. Senate Floor Amendment No. 1 Adopted; Silverstein

  61. Recalled to Second Reading

  62. Added as Chief Co-Sponsor Sen. Pamela J. Althoff

  63. Senate Floor Amendment No. 1 Recommend Do Adopt Elections; 007-000-000

  64. Senate Floor Amendment No. 1 Assignments Refers to Elections

  65. Placed on Calendar Order of 3rd Reading March 19, 2009

  66. Second Reading

  67. Senate Floor Amendment No. 1 Referred to Assignments

  68. Senate Floor Amendment No. 1 Filed with Secretary by Sen. Ira I. Silverstein

  69. Placed on Calendar Order of 2nd Reading February 20, 2009

  70. Do Pass Elections; 008-000-000

  71. Assigned to Elections

  72. Referred to Assignments

  73. First Reading

  74. Filed with Secretary by Sen. Ira I. Silverstein

Sponsors

  • Terry Link · Cosponsor
  • Al Riley · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

0 sponsors · 2 co-sponsors · 181 not signed on · 2 voted No

Sponsors (0)

None.

Co-sponsors (2)

  • Terry Link
  • Al Riley

Not signed on (181)

181 members have not signed on to this bill.

Show all 181 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Concurrence

Passed 58 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Democrat 9000
Unaffiliated 49000
Republican 0001
Total 58001
% of votes cast 98%0%0%2%
How each member voted (59)
Member Party Vote
Hultgren — Yea
Kotowski — Yea
Lauzen — Yea
Demuzio — Yea
Luechtefeld — Yea
Jacobs — Yea
Maloney — Yea
McCarter — Yea
Meeks — Yea
Muñoz — Yea
Jones, J. — Yea
Noland — Yea
Brady — Yea
Sullivan — Yea
Schoenberg — Yea
Silverstein — Yea
Steans — Yea
Trotter — Yea
Viverito — Yea
Wilhelmi — Yea
Cullerton — Yea
Burzynski — Yea
Clayborne — Yea
Cronin — Yea
Crotty — Yea
Dahl — Yea
DeLeo — Yea
Dillard — Yea
Duffy — Yea
Forby — Yea
Frerichs — Yea
Garrett — Yea
Haine — Yea
Hendon — Yea
Hutchinson — Yea
Pankau — Yea
Radogno — Yea
Raoul — Yea
Righter — Yea
Risinger — Yea
Rutherford — Yea
Sandoval — Yea
Link — Yea
Althoff — Yea
Martinez — Yea
Bivins — Yea
Bomke — Yea
Bond — Yea
Millner — Yea
David Koehler Democrat Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Yea
Eva-Dina Delgado Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Laura M. Murphy Democrat Yea
Linda Holmes Democrat Yea
Mattie Hunter Democrat Yea
Dave Syverson Republican Not Voting

Official roll call →

Concurrence, Amendment 3

Passed 58 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 49000
Democrat 9000
Republican 0001
Total 58001
% of votes cast 98%0%0%2%
How each member voted (59)
Member Party Vote
Hultgren — Yea
McCarter — Yea
Demuzio — Yea
Hutchinson — Yea
Jacobs — Yea
Lauzen — Yea
Link — Yea
Jones, J. — Yea
Maloney — Yea
Brady — Yea
Sullivan — Yea
Meeks — Yea
Millner — Yea
Muñoz — Yea
Noland — Yea
Pankau — Yea
Schoenberg — Yea
Silverstein — Yea
Steans — Yea
Cullerton — Yea
Trotter — Yea
Viverito — Yea
Wilhelmi — Yea
Clayborne — Yea
Cronin — Yea
Crotty — Yea
Dahl — Yea
DeLeo — Yea
Dillard — Yea
Duffy — Yea
Forby — Yea
Frerichs — Yea
Garrett — Yea
Haine — Yea
Hendon — Yea
Kotowski — Yea
Radogno — Yea
Raoul — Yea
Righter — Yea
Risinger — Yea
Rutherford — Yea
Sandoval — Yea
Luechtefeld — Yea
Althoff — Yea
Martinez — Yea
Bivins — Yea
Bomke — Yea
Bond — Yea
Burzynski — Yea
David Koehler Democrat Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Yea
Eva-Dina Delgado Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Laura M. Murphy Democrat Yea
Linda Holmes Democrat Yea
Mattie Hunter Democrat Yea
Dave Syverson Republican Not Voting

Official roll call →

Third Reading

Passed 106 Yea · 8 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 94603
Democrat 9200
Republican 3001
Total 106804
% of votes cast 90%7%0%3%
How each member voted (118)
Member Party Vote
Graham — Yea
Jakobsson — Yea
Jefferson — Yea
Nekritz — Yea
Lang — Yea
Leitch — Yea
Davis, Monique — Yea
Reitz — Yea
Lyons — Yea
Dugan — Yea
Dunkin — Yea
Durkin — Yea
Eddy — Yea
Kosel — Yea
Madigan — Yea
May — Yea
McAuliffe — Yea
Mell — Yea
Mendoza — Yea
Mulligan — Yea
Bradley — Yea
McGuire — Yea
Myers — Yea
Brady — Yea
Osterman — Yea
Pihos — Yea
Senger — Yea
Sullivan — Yea
Sommer — Yea
Burke — Yea
Mitchell, Bill — Yea
Soto — Yea
Thapedi — Yea
Mitchell, Jerry — Yea
Tryon — Yea
Turner — Yea
Verschoore — Yea
Wait — Yea
Harris — Yea
Washington — Yea
Yarbrough — Yea
Zalewski — Yea
Watson — Yea
Hernandez — Yea
Howard — Yea
Cavaletto — Yea
Coladipietro — Yea
Colvin — Yea
Cross — Yea
Cultra — Yea
Currie — Yea
D'Amico — Yea
Farnham — Nay
Flider — Yea
Flowers — Yea
Franks — Yea
Froehlich — Yea
Golar — Yea
Hamos — Yea
Hatcher — Yea
Holbrook — Yea
Jackson — Yea
Gordon, Jehan — Nay
Gordon, Careen — Not Voting
Hannig — Not Voting
McAsey — Nay
Sente — Nay
Cole — Nay
Coulson — Nay
Osmond — Yea
Phelps — Yea
Poe — Yea
Pritchard — Yea
Ramey — Yea
Reboletti — Yea
Reis — Yea
Riley — Yea
Sacia — Yea
Saviano — Yea
Schmitz — Yea
Winters — Yea
Acevedo — Yea
Arroyo — Yea
Bassi — Yea
Beaubien — Yea
Beiser — Yea
Bellock — Yea
Mathias — Yea
Berrios — Yea
Mautino — Yea
Biggins — Yea
Black — Not Voting
Boland — Yea
Bost — Yea
Brauer — Yea
Brosnahan — Yea
Burns — Yea
Connelly — Yea
McCarthy — Yea
Moffitt — Yea
Fortner — Yea
Fritchey — Yea
Chapa LaVia — Yea
Anthony DeLuca Democrat Yea
Fred Crespo Democrat Nay
Jay Hoffman Democrat Yea
La Shawn K. Ford Democrat Yea
Lakesia Collins Democrat Yea
Mark L. Walker Democrat Nay
Nicholas K. Smith Democrat Yea
Patrick J. Joyce Democrat Yea
Robert "Bob" Rita Democrat Yea
Sara Feigenholtz Democrat Yea
William "Will" Davis Democrat Yea
Brad Stephens Republican Not Voting
Chapin Rose Republican Yea
Chris Miller Republican Yea
Jil Tracy Republican Yea

Official roll call →

Third Reading

Passed 57 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Democrat 9000
Unaffiliated 47002
Republican 1000
Total 57002
% of votes cast 97%0%0%3%
How each member voted (59)
Member Party Vote
Hultgren — Yea
Kotowski — Yea
Link — Yea
Luechtefeld — Yea
Maloney — Yea
McCarter — Yea
Demuzio — Yea
Meeks — Yea
Jacobs — Yea
Millner — Yea
Noland — Yea
Munoz — Yea
Jones, J. — Yea
Pankau — Yea
Brady — Yea
Sullivan — Yea
Schoenberg — Yea
Silverstein — Yea
Steans — Yea
Trotter — Yea
Viverito — Not Voting
Wilhelmi — Yea
Cullerton — Yea
Clayborne — Yea
Cronin — Yea
Crotty — Yea
Dillard — Yea
Duffy — Yea
Forby — Yea
Garrett — Yea
Haine — Yea
Hendon — Yea
Hutchinson — Yea
Radogno — Yea
Raoul — Yea
Righter — Yea
Risinger — Yea
Rutherford — Not Voting
Sandoval — Yea
Lauzen — Yea
Althoff — Yea
Martinez — Yea
Bivins — Yea
Bomke — Yea
Bond — Yea
Burzynski — Yea
Dahl — Yea
DeLeo — Yea
Frerichs — Yea
David Koehler Democrat Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Yea
Eva-Dina Delgado Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Laura M. Murphy Democrat Yea
Linda Holmes Democrat Yea
Mattie Hunter Democrat Yea
Dave Syverson Republican Yea

Official roll call →

Subjects

elections
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Frequently asked questions

What does SB 146 do?
Amends the Election Code. Makes it unlawful to telephone or cause to be telephoned any paid message that expressly advocates the nomination, election, or defeat of a clearly identified State or local candidate without a specified disclosure of the message's sponsoring entity or responsible individual. Effective immediately.
Who sponsors SB 146?
SB 146 is sponsored by Terry Link and Al Riley.
What is the current status of SB 146?
This bill has been enacted into law. Introduced January 30, 2009. Enacted.
Where can I track SB 146?
Track SB 146 free on One Click Politics — get push/email alerts when it moves.

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