103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB3139
 
Introduced 2/17/2023, by Rep. Edgar Gonzalez, Jr.
 
SYNOPSIS AS INTRODUCED:
 

 



805 ILCS 105/114.05  from Ch. 32, par. 114.05
805 ILCS 105/114.15 new

     Amends the General Not For Profit Corporation Act of 1986. Provides that in its annual report filed with the Secretary of State, a domestic or foreign
corporation shall include the aggregated demographic information of its directors and officers, including race, ethnicity, gender, disability status, veteran status, sexual orientation, and gender identity. Provides that no later than 30 calendar days after filing the annual report  with the Secretary of State, a corporation shall post to the corporation's publicly available website, if one exists, the aggregated demographic information of the corporation's directors and officers. Effective January 1, 2024.
  


LRB103 28341 SPS 54720 b

 
 
A BILL FOR
 

  
HB3139LRB103 28341 SPS 54720 b


  
1    AN ACT concerning business.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  
 
 
4    Section 5. The General Not For Profit Corporation Act of 
51986 is amended  by changing Section 114.05 and  by adding 
6Section 114.15 as follows:
 



7    (805 ILCS 105/114.05)  (from Ch. 32, par. 114.05)



8    Sec. 114.05. Annual report of domestic or foreign

9corporation.  Each domestic corporation organized under this

10Act, and each foreign corporation authorized to conduct

11affairs in this State, shall file, within the time
prescribed 
12by this Act, an annual report setting forth:

13        (a) The name of the corporation.

14        (b) The address, including street and number, or rural 
15    route number, of
its registered office in this State, and 
16    the name of its
registered agent at such address.

17        (c) The address, including street and number, or rural 
18    route number, of
its principal office.

19        (d) The names and respective addresses,
including 
20    street and number, or rural route number, of its directors 
21    and
officers.

22        (e) A brief statement of the character of the affairs 
23    which the
corporation is actually conducting from among 
 
 
HB3139- 2 -LRB103 28341 SPS 54720 b

1    the purposes authorized in
Section 103.05 of this Act.

2        (f) Whether the corporation is a Condominium 
3    Association as
established
under the Condominium Property 
4    Act, a Cooperative Housing Corporation
defined in Section 
5    216 of the Internal Revenue Code of 1954 or a Homeowner

6    Association which administers a common-interest community 
7    as defined in
subsection (c) of Section 9-102 of the Code 
8    of Civil Procedure.

9        (g) Such additional information as may be necessary or

10    appropriate in order to enable the Secretary of State to

11    administer this Act and to verify the proper amount of 
12    fees
payable by the corporation.

13        (h) The aggregated demographic information of the 
14    corporation's directors and officers, including race, 
15    ethnicity, gender, disability status, veteran status, 
16    sexual orientation, and gender identity. 
17    Such annual report shall be made on forms prescribed and

18furnished by the Secretary of State, and the information

19therein required by subsections (a) to (d), both inclusive,

20and subsection (h) of this Section, shall be given as of the 
21date of the
execution of the annual report.  It shall be 
22executed by the
corporation by any authorized officer and 
23verified by him or
her, or, if the corporation is in the hands 
24of a receiver or
trustee, it shall be executed on behalf of the 
25corporation
and verified by such receiver or trustee.

26(Source: P.A. 101-578, eff. 8-26-19.)

 
 
 
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1    (805 ILCS 105/114.15 new)
2    Sec. 114.15. Posting demographic information. No later 
3than 30 calendar days after filing the annual report  with the 
4Secretary of State, a corporation shall post to the 
5corporation's publicly available website, if one exists, the 
6aggregated demographic information of the corporation's 
7directors and officers as described in subsection (h) of 
8Section   114.05. The aggregated demographic information shall 
9be accessible on the corporation's publicly available website 
10for at least 5 years after it is posted. A corporation that 
11posts the full annual report on its website fulfills this 
12posting requirement.
 
 
13    Section 99. Effective date. This Act takes effect January 
141, 2024.