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92_HB2162ham001
LRB9201782MWpkam
1 AMENDMENT TO HOUSE BILL 2162
2 AMENDMENT NO. . Amend House Bill 2162 on page 1,
3 line 5, by replacing "Section 10-14" with "Sections 9-10 and
4 10-14"; and
5 on page 1, immediately below line 5, by inserting the
6 following:
7 "(10 ILCS 5/9-10) (from Ch. 46, par. 9-10)
8 Sec. 9-10. Financial reports.
9 (a) The treasurer of every state political committee and
10 the treasurer of every local political committee shall file
11 with the Board, and the treasurer of every local political
12 committee shall file with the county clerk, reports of
13 campaign contributions, and semi-annual reports of campaign
14 contributions and expenditures on forms to be prescribed or
15 approved by the Board. The treasurer of every political
16 committee that acts as both a state political committee and a
17 local political committee shall file a copy of each report
18 with the State Board of Elections and the county clerk.
19 Entities subject to Section 9-7.5 shall file reports required
20 by that Section at times provided in this Section and are
21 subject to the penalties provided in this Section.
22 (b) Reports of campaign contributions shall be filed no
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1 later than the 15th day next preceding each election
2 including a primary election in connection with which the
3 political committee has accepted or is accepting
4 contributions or has made or is making expenditures. Such
5 reports shall be complete as of the 30th day next preceding
6 each election including a primary election. The Board shall
7 assess a civil penalty not to exceed $5,000 for a violation
8 of this subsection, except that for State officers and
9 candidates and political committees formed for statewide
10 office, the civil penalty may not exceed $10,000. The fine,
11 however, shall not exceed $500 for a first filing violation
12 for filing less than 10 days after the deadline. There shall
13 be no fine if the report is mailed and postmarked at least 72
14 hours prior to the filing deadline. For the purpose of this
15 subsection, "statewide office" and "State officer" means the
16 Governor, Lieutenant Governor, Attorney General, Secretary of
17 State, Comptroller, and Treasurer. However, a continuing
18 political committee that neither accepts contributions nor
19 makes expenditures on behalf of or in opposition to any
20 candidate or public question on the ballot at an election
21 shall not be required to file the reports heretofore
22 prescribed but may file in lieu thereof a Statement of
23 Nonparticipation in the Election with the Board or the Board
24 and the county clerk.
25 (b-5) Notwithstanding the provisions of subsection (b),
26 any contribution of $500 or more received in the interim
27 between the last date of the period covered by the last
28 report filed under subsection (b) prior to the election and
29 the date of the election shall be reported within 2 business
30 days after its receipt. The State Board shall allow filings
31 under this subsection (b-5) to be made by facsimile
32 transmission. For the purpose of this subsection, a
33 contribution is considered received on the date the public
34 official, candidate, or political committee (or equivalent
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1 person in the case of a reporting entity other than a
2 political committee) actually receives it or, in the case of
3 goods or services, 2 days after the date the public official,
4 candidate, committee, or other reporting entity receives the
5 certification required under subsection (b) of Section 9-6.
6 Failure to report each contribution is a separate violation
7 of this subsection. The Board shall impose fines for
8 violations of this subsection as follows:
9 (1) if the political committee's or other reporting
10 entity's total receipts, total expenditures, and balance
11 remaining at the end of the last reporting period were
12 each $5,000 or less, then $100 per business day for the
13 first violation, $200 per business day for the second
14 violation, and $300 per business day for the third and
15 subsequent violations.
16 (2) if the political committee's or other reporting
17 entity's total receipts, total expenditures, and balance
18 remaining at the end of the last reporting period were
19 each more than $5,000, then $200 per business day for the
20 first violation, $400 per business day for the second
21 violation, and $600 per business day for the third and
22 subsequent violations.
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, except that for State officers and
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1 candidates and political committees formed for statewide
2 office, the civil penalty may not exceed $10,000. The fine,
3 however, shall not exceed $500 for a first filing violation
4 for filing less than 10 days after the deadline. There shall
5 be no fine if the report is mailed and postmarked at least 72
6 hours prior to the filing deadline. For the purpose of this
7 subsection, "statewide office" and "State officer" means the
8 Governor, Lieutenant Governor, Attorney General, Secretary of
9 State, Comptroller, and Treasurer.
10 (c-5) A political committee that acts as either (i) a
11 State and local political committee or (ii) a local political
12 committee and that files reports electronically under Section
13 9-28 is not required to file copies of the reports with the
14 appropriate county clerk if the county clerk has a system
15 that permits access to, and duplication of, reports that are
16 filed with the State Board of Elections.
17 (d) A copy of each report or statement filed under this
18 Article shall be preserved by the person filing it for a
19 period of two years from the date of filing.
20 (Source: P.A. 90-737, eff. 1-1-99.)".