Section 560.390  Failure to File Registration Statements and Semi-monthly Reports

Failure to file a statement or report within the time designated, or the reporting of incomplete information, may constitute a violation of the Act.  Within 5 business days after a filing deadline, the Secretary of State Index Department shall notify the authorized agent for any registrant that is deemed required to file, but has failed to do so. (Section 7(b) of the Act)

a)         A registrant that is required to file a registration statement or semi-monthly report, and has not filed by the deadlines prescribed in the Act, is subject to the following late filing fees in addition to any penalties imposed by the Act:

1)         Filings received within 15 days after a filing deadline shall be accompanied by a $50 late filing fee;

2)         A registrant that fails to file within 15 days shall be subject to a penalty of $100, which shall be in addition to the $50 late filing fee specified in subsection (a)(1).

b)         For good cause shown, the Director of the Index Department may extend the time for compliance for an additional 30 days after the date of the filing deadline. 

1)         Examples of such extenuating circumstances include, but are not limited to, the following:

A)        inadvertent data erasure or computer malfunction;

B)        hospitalization of the authorized agent;

C)        loss of original receipts resulting from fire, flood, or other act of nature. 

2)         Lobbyists must provide replacement expenditure information to the authorized agent for compilation of the entity's report.

c)         A registrant will be liable for the late filing fee and penalty if it does not receive notifications from the Secretary of State's Office due to the registrant's failure to inform the Index Department of a change of street address and/or email address or authorized agent.

d)         Copies of all records shall be maintained by the Index Department for inspection by the Secretary of State Inspector General, Attorney General or appropriate State's Attorney in the course of his or her enforcement activities under Section 11 of the Act.

(Source:  Amended at 35 Ill. Reg. 12761, effective July 18, 2011)