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[ Introduced ] | [ Senate Amendment 002 ] |
90_SB1108sam001 LRB9005394MWpcam 1 AMENDMENT TO SENATE BILL 1108 2 AMENDMENT NO. . Amend Senate Bill 1108 by replacing 3 to title with the following: 4 "AN ACT concerning campaign finance."; and 5 by replacing everything after the enacting clause with the 6 following: 7 "Section 5. The Election Code is amended by changing 8 Sections 9-10, 9-11, 9-12, 9-13, 9-14, 9-17, and 9-23 as 9 follows: 10 (10 ILCS 5/9-10) (from Ch. 46, par. 9-10) 11 Sec. 9-10. Reports of campaign contributions; 12 semi-annual reports; preservation. 13 (a) The treasurer of every state political committee and 14 the treasurer of every local political committee shall file 15 with the Board, and the treasurer of every local political 16 committee shall file with the county clerk, reports of 17 campaign contributions, and semi-annual reports of campaign 18 contributions and expenditures on forms to be prescribed or 19 approved by the Board. The treasurer of every political 20 committee that acts as both a state political committee and a -2- LRB9005394MWpcam 1 local political committee shall file a copy of each report 2 with the State Board of Elections and the county clerk. 3 (b) Reports of campaign contributions shall be filed no 4 later than the 15th day next preceding each election 5 including a primary election in connection with which the 6 political committee has accepted or is accepting 7 contributions or has made or is making expenditures. Such 8 reports shall be complete as of the 30th day next preceding 9 each election including a primary election, except that any 10 contribution of $500 or more received in the interim between 11 the last date of the period covered by the last report filed 12 prior to the election and the date of the election shall be 13 reported within 2 business days after its receipt. The Board 14 shall assess a civil penalty not to exceed $5,000 for a 15 violation of this subsection (b). However, a continuing 16 political committee that neither accepts contributions nor 17 makes expenditures on behalf of or in opposition to any 18 candidate or public question on the ballot at an election 19 shall not be required to file the reports heretofore 20 prescribed but may file in lieu thereof a Statement of 21 Nonparticipation in the Election with the Board or the Board 22 and the county clerk. 23 (c) In addition to such reports the treasurer of every 24 political committee shall file semi-annual reports of 25 campaign contributions and expenditures no later than July 26 31st, covering the period from January 1st through June 30th 27 immediately preceding, and no later than January 31st, 28 covering the period from July 1st through December 31st of 29 the preceding calendar year. Reports of contributions and 30 expenditures must be filed to cover the prescribed time 31 periods even though no contributions or expenditures may have 32 been received or made during the period. The Board shall 33 assess a civil penalty not to exceed $5,000 for a violation 34 of this subsection (c). -3- LRB9005394MWpcam 1 (d) A copy of each report or statement filed under this 2 Article shall be preserved by the person filing it for a 3 period of two years from the date of filing. 4 (Source: P.A. 86-873.) 5 (10 ILCS 5/9-11) (from Ch. 46, par. 9-11) 6 Sec. 9-11. Each report of campaign contributions under 7 Section 9-10 shall disclose- 8 (1) the name and address of the political committee; 9 (2) the scope, area of activity, party affiliation, 10 candidate affiliation, and purposes of the political 11 committee; 12 (3) the amount of funds on hand at the beginning of the 13 reporting period; 14 (4) the full name and mailing address of each person who 15 has made one or more contributions to or for such committee 16 within the reporting period in an aggregate amount or value 17 in excess of $100$150, together with the amount and date of 18 such contributions; and if the contributor is an individual, 19 the occupation and employer of the contributor; 20 (5) the total sum of individual contributions made to or 21 for such committee during the reporting period and not 22 reported under item (4); 23 (6) the name and address of each political committee 24 from which the reporting committee received, or to which that 25 committee made, any transfer of funds, in any aggregate 26 amount or value in excess of $100$150, together with the 27 amounts and dates of all transfers; 28 (7) the total sum of transfers made to or from such 29 committee during the reporting period and not reported under 30 item (6); 31 (8) each loan to or from any person within the reporting 32 period by or to such committee in an aggregate amount or 33 value in excess of $100$150, together with the full names -4- LRB9005394MWpcam 1 and mailing addresses of the lender and endorsers, if any, 2 and the date and amount of such loans, and if a lender or 3 endorser is an individual, the occupation and employer of 4 that individual; 5 (9) the total amount of proceeds received by such 6 committee from (a) the sale of tickets for each dinner, 7 luncheon, cocktail party, rally, and other fund-raising 8 events; (b) mass collections made at such events; and (c) 9 sales of items such as political campaign pins, buttons, 10 badges, flags, emblems, hats, banners, literature, and 11 similar materials; 12 (10) each contribution, rebate, refund, or other receipt 13 in excess of $100$150received by such committee not 14 otherwise listed under items (4) through (9), and if the 15 contributor is an individual, the occupation and employer of 16 the contributor; 17 (11) the total sum of all receipts by or for such 18 committee or candidate during the reporting period. 19 The reports of campaign contributions filed under this 20 Article shall be cumulative during the reporting period to 21 which they relate, but where there has been no change in an 22 item reported in a previous report during such year, only the 23 amount need be carried forward. 24 (Source: P.A. 86-873.) 25 (10 ILCS 5/9-12) (from Ch. 46, par. 9-12) 26 Sec. 9-12. Each report of campaign contributions 27 required by Section 9-10 of this Article to be filed with the 28 Board or the Board and the county clerk shall be verified, 29 dated, and signed by either the treasurer of the political 30 committee making the report or the candidate on whose behalf 31 the report is made, and shall contain substantially the 32 following: 33 REPORT OF CAMPAIGN CONTRIBUTIONS -5- LRB9005394MWpcam 1 (1) name and address of the political committee: 2 ............................................................. 3 (2) scope, area of activity, party affiliation, candidate 4 affiliation, and purposes of the political committee: 5 ............................................................. 6 ............................................................. 7 ............................................................. 8 ............................................................. 9 (3) the date of the beginning of the reporting period, and 10 the amount of funds on hand at the beginning of the reporting 11 period: 12 ............................................................. 13 (4) the full name and mailing address of each person who has 14 made one or more contributions to or for the committee within 15 the reporting period in an aggregate amount or value in 16 excess of $100$150, together with the amount and date of 17 such contributions, and if the person is an individual, the 18 occupation and employer of each contributor: 19 name address amount date occupation employer 20 .... ....... ...... .... .......... ........ 21 .... ....... ...... .... .......... ........ 22 .... ....... ...... .... .......... ........ 23 .... ....... ...... .... .......... ........ 24 .... ....... ...... .... .......... ........ 25 (5) the total sum of individual contributions made to or for 26 the committee during the reporting period and not reported 27 under item (4) - 28 ............................................................. 29 (6) the name and address of each political committee from 30 which the reporting committee received, or to which that 31 committee made, any transfer of funds, in an aggregate amount 32 or value in excess of $100$150, together with the amounts 33 and dates of all transfers: 34 name address amount date -6- LRB9005394MWpcam 1 .......... .......... .......... .......... 2 .......... .......... .......... .......... 3 .......... .......... .......... .......... 4 (7) the total sum of transfers made to or from such 5 committee during the reporting period and not under item (6): 6 ............................................................. 7 (8) each loan to or from any person within the reporting 8 period by or to the committee in an aggregate amount or value 9 in excess of $100$150, together with the full names and 10 mailing addresses of the lender and endorsers, if any, and 11 the date and amount of such loans, and the occupation and 12 employer of each person making the loan: 13 (9) the total amount of proceeds received by the committee 14 from (a) the sale of tickets for each dinner, luncheon, 15 cocktail party, rally, and other fund-raising events; (b) 16 mass collections made at such events; and (c) sales of items 17 such as political campaign pins, buttons, badges, flags, 18 emblems, hats, banners, literature, and similar materials: 19 (a).......................................................... 20 (b).......................................................... 21 (c).......................................................... 22 (10) each contribution, rebate, refund, or other receipt in 23 excess of $100$150received by the committee not otherwise 24 listed under items (4) through (9), and if the contributor is 25 an individual, the occupation and employer of the 26 contributor: 27 name address amount date occupation employer 28 .... ....... ...... .... .......... ........ 29 .... ....... ...... .... .......... ........ 30 (11) the total sum of all receipts by or for the committee 31 during the reporting period: 32 ............................................................. 33 VERIFICATION: 34 "I declare that this report of campaign contributions -7- LRB9005394MWpcam 1 (including any accompanying schedules and statements) has 2 been examined by me and to the best of my knowledge and 3 belief is a true, correct and complete report as required by 4 Article 9 of The Election Code. I understand that the penalty 5 for willfully filing a false or incomplete statement shall be 6 a fine not to exceed $500 or imprisonment in a penal 7 institution other than the penitentiary not to exceed 6 8 months, or both fine and imprisonment." 9 ............................................................. 10 (date of filing) (signature of person making the report) 11 (Source: P.A. 86-873.) 12 (10 ILCS 5/9-13) (from Ch. 46, par. 9-13) 13 Sec. 9-13. Each semi-annual report of campaign 14 contributions and expenditures under Section 9-10 shall 15 disclose- 16 (1) the name and address of the political committee; 17 (2) the scope, area of activity, party affiliation, 18 candidate affiliation, and purposes of the political 19 committee; 20 (3) the amount of funds on hand at the beginning of the 21 reporting period; 22 (4) the full name and mailing address of each person who 23 has made one or more contributions to or for such committee 24 within the reporting period in an aggregate amount or value 25 in excess of $100$150, together with the amount and date of 26 such contributions, and if the contributor is an individual, 27 the occupation and employer of the contributor; 28 (5) the total sum of individual contributions made to or 29 for such committee during the reporting period and not 30 reported under item (4); 31 (6) the name and address of each political committee 32 from which the reporting committee received, or to which that 33 committee made, any transfer of funds, in the aggregate -8- LRB9005394MWpcam 1 amount or value in excess of $100$150, together with the 2 amounts and dates of all transfers; 3 (7) the total sum of transfers made to or from such 4 committee during the reporting period and not reported under 5 item (6); 6 (8) each loan to or from any person within the reporting 7 period by or to such committee in an aggregate amount or 8 value in excess of $100$150, together with the full names 9 and mailing addresses of the lender and endorsers, if any, 10 and the date and amount of such loans, and if the lender or 11 endorser is an individual, the occupation and employer of 12 that individual; 13 (9) the total amount of proceeds received by such 14 committee from (a) the sale of tickets for each dinner, 15 luncheon, cocktail party, rally, and other fund-raising 16 events; (b) mass collections made at such events; and (c) 17 sales of items such as political campaign pins, buttons, 18 badges, flags, emblems, hats, banners, literature, and 19 similar materials; 20 (10) each contribution, rebate, refund, or other receipt 21 in excess of $100$150received by such committee not 22 otherwise listed under items (4) through (9); 23 (11) the total sum of all receipts by or for such 24 committee or candidate during the reporting period; 25 (12) the full name and mailing address of each person to 26 whom expenditures have been made by such committee or 27 candidate within the reporting period in an aggregate amount 28 or value in excess of $100$150, the amount, date, and 29 purpose of each such expenditure and the question of public 30 policy or the name and address of, and office sought by, each 31 candidate on whose behalf such expenditure was made; 32 (13) the full name and mailing address of each person to 33 whom an expenditure for personal services, salaries, and 34 reimbursed expenses in excess of $100$150has been made, and -9- LRB9005394MWpcam 1 which is not otherwise reported, including the amount, date, 2 and purpose of such expenditure; 3 (14) the total sum of expenditures made by such 4 committee during the reporting period; 5 (15) the full name and mailing address of each person to 6 whom the committee owes debts or obligations in excess of 7 $150, and the amount of such debts or obligations. 8 (Source: P.A. 86-873.) 9 (10 ILCS 5/9-14) (from Ch. 46, par. 9-14) 10 Sec. 9-14. Each semi-annual report of campaign 11 contributions and expenditures required by Section 9-10 of 12 this Article to be filed with the Board or the Board and the 13 county clerk shall be verified, dated, and signed by either 14 the treasurer of the political committee making the report or 15 the candidate on whose behalf the report is made, and shall 16 contain substantially the following: 17 SEMI-ANNUAL REPORT OF CAMPAIGN 18 CONTRIBUTIONS AND EXPENDITURES 19 (1) name and address of the political committee: 20 ............................................................. 21 (2) scope, area of activity, party affiliation, candidate 22 affiliation, and purposes of the political committee: 23 ............................................................. 24 ............................................................. 25 ............................................................. 26 ............................................................. 27 (3) the date of the beginning of the reporting period, and 28 the amount of funds on hand at the beginning of the reporting 29 period; 30 ............................................................. 31 (4) the full name and mailing address of each person who has 32 made one or more contributions to or for the committee within 33 the reporting period in an aggregate amount or value in -10- LRB9005394MWpcam 1 excess of $100$150, together with the amount and date of 2 such contributions, and if the person is an individual, the 3 occupation and employer of each contributor: 4 name address amount date occupation employer 5 .... ....... ...... .... .......... ........ 6 .... ....... ...... .... .......... ........ 7 .... ....... ...... .... .......... ........ 8 .... ....... ...... .... .......... ........ 9 .... ....... ...... .... .......... ........ 10 (5) the total sum of individual contributions made to or for 11 the committee during the reporting period and not reported 12 under item--(4): 13 ............................................................. 14 (6) the name and address of each political committee from 15 which the reporting committee received, or to which that 16 committee made, any transfer of funds, in an aggregate amount 17 or value in excess of $100$150, together with the amounts 18 and dates of all transfers: 19 name address amount date 20 .......... .......... .......... .......... 21 .......... .......... .......... .......... 22 .......... .......... .......... .......... 23 (7) the total sum of transfers made to or from such 24 committee during the reporting period and not reported under 25 item (6); 26 (8) each loan to or from any person within the reporting 27 period by or to the committee in an aggregate amount or value 28 in excess of $100$150, together with the full names and 29 mailing addresses of the lender and endorsers, if any, and 30 the date and amount of such loans, and the occupation and 31 employer of each person making the loan: 32 name address amount date endorsers occupation employer 33 .... ....... ...... .... ......... .......... ........ 34 .... ....... ...... .... ......... .......... ........ -11- LRB9005394MWpcam 1 .... ....... ...... .... ......... .......... ........ 2 (9) the total amount of proceeds received by the committee 3 from (a) the sale of tickets for each dinner, luncheon, 4 cocktail party, rally, and other fund-raising events; (b) 5 mass collections made at such events; and (c) sales of items 6 such as political campaign pins, buttons, badges, flags, 7 emblems, hats, banners, literature, and similar materials: 8 (a).......................................................... 9 (b).......................................................... 10 (c).......................................................... 11 (10) each contribution, rebate, refund, or other receipt in 12 excess of $100$150received by the committee not otherwise 13 listed under items (4) through (9), and if the contributor is 14 an individual, the occupation and employer of the 15 contributor: 16 name address amount date occupation employer 17 .... ....... ...... .... .......... ........ 18 .... ....... ...... .... .......... ........ 19 (11) the total sum of all receipts by or for the committee 20 during the reporting period: 21 ............................................................. 22 (12) the full name and mailing address of each person to 23 whom expenditures have been made by the committee within the 24 reporting period in an aggregate amount or value in excess of 25 $100$150, the amount, date, and purpose of each such 26 expenditure, and the question of public policy or the name 27 and address of, and office sought by, each candidate on whose 28 behalf the expenditure was made: 29 name address amount date purpose beneficiary 30 .......... ....... ...... .... ....... ........... 31 .......... ....... ...... .... ....... ........... 32 .......... ....... ...... .... ....... ........... 33 .......... ....... ...... .... ....... ........... 34 .......... ....... ...... .... ....... ........... -12- LRB9005394MWpcam 1 (13) the full name and mailing address of each person to 2 whom an expenditure for personal services, salaries, and 3 reimbursed expenses in excess of $100$150has been made, and 4 which is not otherwise reported, including the amount, date, 5 and purpose of such expenditure: 6 name address amount date purpose 7 .......... .......... ........ ........ .......... 8 .......... .......... ........ ........ .......... 9 .......... .......... ........ ........ .......... 10 (14) the total sum of expenditures made by the committee 11 during the reporting period; 12 ............................................................. 13 (15) the full name and mailing address of each person to 14 whom the committee owes debts or obligations in excess of 15 $100$150, and the amount of such debts or obligations: 16 ............................................................. 17 ............................................................. 18 VERIFICATION: 19 "I declare that this semi-annual report of campaign 20 contributions and expenditures (including any accompanying 21 schedules and statements) has been examined by me and to the 22 best of my knowledge and belief is a true, correct and 23 complete report as required by Article 9 of The Election 24 Code. I understand that the penalty for willfully filing a 25 false or incomplete report shall be a fine not to exceed $500 26 or imprisonment in a penal institution other than the 27 penitentiary not to exceed 6 months, or both fine and 28 imprisonment." 29 ................ ....................................... 30 (date of filing) (signature of person making the report) 31 (Source: P.A. 86-873.) 32 (10 ILCS 5/9-17) (from Ch. 46, par. 9-17) 33 Sec. 9-17. All statements and reports filed under this -13- LRB9005394MWpcam 1 Article with the board or county clerk shall be available for 2 examination and copying by the public at all reasonable 3 times.Such person examining a statement or report must first4fill out a form prepared by the Board identifying the5examiner by name, occupation, address and telephone number,6and listing the date of examination and reason for such7examination. The board shall supply such forms to the county8clerks annually and replenish such forms upon request.9The Board or county clerk, as the case may be, shall10promptly notify each political committee required to file a11statement or report under this Article of each instance of an12examination of its statement or report by sending it a13duplicate original of the identification form filled out by14the person examining its report.15 Any person who alters or falsifies information on a copy 16 of a statement or report obtained from the State Board of 17 Elections or the county clerk pursuant to Article 9 of this 18 Code and publishes, circulates or distributes such altered or 19 falsified information with the intent to misrepresent 20 contributions received or expenditures made by a candidate or 21 political committee shall be guilty of a Class B misdemeanor. 22 Any person who shall sell or utilize information copied 23 from statements and reports filed with the State Board of 24 Elections or the county clerk pursuant to Article 9 of this 25 Code for the purpose of soliciting contributions or for the 26 purpose of business solicitation shall be guilty of a Class B 27 misdemeanor. 28 (Source: P.A. 81-310.) 29 (10 ILCS 5/9-23) (from Ch. 46, par. 9-23) 30 Sec. 9-23. Whenever the Board, pursuant to Section 9-21, 31 has issued an order, or has approved a written stipulation, 32 agreed settlement or consent order, directing a person 33 determined by the Board to be in violation of any provision -14- LRB9005394MWpcam 1 of this Article or any regulation adopted thereunder, to 2 cease or correct such violation or otherwise comply with this 3 Article and such person fails or refuses to comply with such 4 order, stipulation, settlement or consent order within the 5 time specified by the Board, the Board, after affording 6 notice and an opportunity for a public hearing, may impose a 7 civil penalty on such person in an amount not to exceed 8 $5,000$1,000. 9 Civil penalties imposed on any such person by the Board 10 shall be enforceable in the Circuit Court. The Board shall 11 petition the Court for an order to enforce collection of the 12 penalty and, if the Court finds it has jurisdiction over the 13 person against whom the penalty was imposed, the Court shall 14 issue the appropriate order. Any civil penalties collected 15 by the Court shall be forwarded to the State Treasurer. 16 In addition to or in lieu of the imposition of a civil 17 penalty, the board may report such violation and the failure 18 or refusal to comply with the order of the Board to the 19 Attorney General and the appropriate State's Attorney. 20 (Source: P.A. 83-540.) 21 Section 99. Effective date. This Act takes effect upon 22 becoming law.".