093_HB3112ham001

 










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 1                    AMENDMENT TO HOUSE BILL 3112

 2        AMENDMENT NO.     .  Amend House Bill 3112  by  replacing
 3    everything after the enacting clause with the following:

 4        "Section  5.  The  Election  Code  is amended by changing
 5    Sections 9-3, 9-10, and 9-28 as follows:

 6        (10 ILCS 5/9-3) (from Ch. 46, par. 9-3)
 7        Sec. 9-3.  Every  state  political  committee  and  every
 8    local  political committee shall file with the State Board of
 9    Elections, and every local  political  committee  shall  file
10    with  the county clerk, a statement of organization within 10
11    business days of the creation of such committee,  except  any
12    political  committee  created  within  the  30 days before an
13    election shall file a  statement  of  organization  within  5
14    business  days.   A  political  committee that acts as both a
15    state political committee and  a  local  political  committee
16    shall  file a copy of each statement of organization with the
17    State Board of Elections and  the county clerk.
18        The statement of organization shall include -
19        (a)  the name and address of the political committee (the
20    name of the political committee must include the name of  any
21    sponsoring entity);
22        (b)  the  scope,  area  of  activity,  party affiliation,
 
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 1    candidate  affiliation  and  his  county  of  residence,  and
 2    purposes of the political committee;
 3        (c)  the name, address, and position of each custodian of
 4    the committee's books and accounts;
 5        (d)  the name, address, and position of  the  committee's
 6    principal  officers,  including  the chairman, treasurer, and
 7    officers and members of its finance committee, if any;
 8        (e)  (Blank);
 9        (f)  a statement of what specific disposition of residual
10    fund will  be  made  in  the  event  of  the  dissolution  or
11    termination of the committee;
12        (g)  a   listing   of   all   banks  or  other  financial
13    institutions,   safety   deposit   boxes,   and   any   other
14    repositories or custodians of funds used by the committee;
15        (h)  the  amount  of   funds   available   for   campaign
16    expenditures  as  of  the  filing  date  of  the  committee's
17    statement of organization.
18        For  purposes  of  this Section, a "sponsoring entity" is
19    (i)   any   person,   political   committee,    organization,
20    corporation,  or association that contributes at least 33% of
21    the total funding of the  political  committee  or  (ii)  any
22    person  or  other entity that is registered or is required to
23    register under the Lobbyist Registration Act and  contributes
24    at least 33% of the total funding of the political committee.
25        A political committee that acts as either (i) a State and
26    local political committee or (ii) a local political committee
27    and  that  files  statements  of  organization electronically
28    under Section 9-28 is not required  to  file  copies  of  the
29    statements  with  the  appropriate county clerk if the county
30    clerk has a system that permits access  to,  and  duplication
31    of,  statements  that  are  filed  with  the  State  Board of
32    Elections.
33    (Source: P.A. 90-495, eff. 1-1-98; 90-737, eff. 1-1-99.)
 
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 1        (10 ILCS 5/9-10) (from Ch. 46, par. 9-10)
 2        Sec. 9-10.  Financial reports.
 3        (a)  The treasurer of every state political committee and
 4    the treasurer of every local political committee  shall  file
 5    with  the  Board,  and the treasurer of every local political
 6    committee shall  file  with  the  county  clerk,  reports  of
 7    campaign  contributions,  and semi-annual reports of campaign
 8    contributions and expenditures on forms to be  prescribed  or
 9    approved  by  the  Board.   The  treasurer of every political
10    committee that acts as both a state political committee and a
11    local political committee shall file a copy  of  each  report
12    with  the  State  Board  of  Elections  and the county clerk.
13    Entities subject to Section 9-7.5 shall file reports required
14    by that Section at times provided in  this  Section  and  are
15    subject to the penalties provided in this Section.
16        (b)  Reports  of campaign contributions shall be filed no
17    later  than  the  15th  day  next  preceding  each   election
18    including  a  primary  election  in connection with which the
19    political   committee   has   accepted   or   is    accepting
20    contributions  or  has  made or is making expenditures.  Such
21    reports shall be complete as of the 30th day  next  preceding
22    each  election including a primary election.  The Board shall
23    assess a civil penalty not to exceed $5,000 for  a  violation
24    of  this  subsection,  except  that  for  State  officers and
25    candidates and  political  committees  formed  for  statewide
26    office,  the  civil penalty may not exceed $10,000. The fine,
27    however, shall not exceed $500 for a first  filing  violation
28    for  filing less than 10 days after the deadline. There shall
29    be no fine if the report is mailed and postmarked at least 72
30    hours prior to the filing deadline. For the purpose  of  this
31    subsection,  "statewide office" and "State officer" means the
32    Governor, Lieutenant Governor, Attorney General, Secretary of
33    State, Comptroller, and  Treasurer.   However,  a  continuing
34    political  committee  that  neither accepts contributions nor
 
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 1    makes expenditures on behalf  of  or  in  opposition  to  any
 2    candidate  or  public  question  on the ballot at an election
 3    shall  not  be  required  to  file  the  reports   heretofore
 4    prescribed  but  may  file  in  lieu  thereof  a Statement of
 5    Nonparticipation in the Election with the Board or the  Board
 6    and the county clerk.
 7        (b-5)  Notwithstanding  the provisions of subsection (b),
 8    any contribution of $500 or  more  received  in  the  interim
 9    between  the  last  date  of  the  period covered by the last
10    report filed under subsection (b) prior to the  election  and
11    the  date of the election shall be reported within 2 business
12    days after its receipt. The State Board shall  allow  filings
13    under   this   subsection  (b-5)  to  be  made  by  facsimile
14    transmission.  For  the  purpose  of   this   subsection,   a
15    contribution  is  considered  received on the date the public
16    official, candidate, or political  committee  (or  equivalent
17    person  in  the  case  of  a  reporting  entity  other than a
18    political committee) actually receives it or, in the case  of
19    goods or services, 2 days after the date the public official,
20    candidate,  committee, or other reporting entity receives the
21    certification required under subsection (b) of  Section  9-6.
22    Failure  to  report each contribution is a separate violation
23    of  this  subsection.   The  Board  shall  impose  fines  for
24    violations of this subsection as follows:
25             (1)  if the political committee's or other reporting
26        entity's total receipts, total expenditures, and  balance
27        remaining  at  the  end of the last reporting period were
28        each $5,000 or less, then $100 per business day  for  the
29        first  violation,  $200  per  business day for the second
30        violation, and $300 per business day for  the  third  and
31        subsequent violations.
32             (2)  if the political committee's or other reporting
33        entity's  total receipts, total expenditures, and balance
34        remaining at the end of the last  reporting  period  were
 
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 1        each more than $5,000, then $200 per business day for the
 2        first  violation,  $400  per  business day for the second
 3        violation, and $600 per business day for  the  third  and
 4        subsequent violations.
 5        (c)  In  addition  to such reports the treasurer of every
 6    political  committee  shall  file  semi-annual   reports   of
 7    campaign  contributions  and  expenditures no later than July
 8    31st, covering the period from January 1st through June  30th
 9    immediately  preceding,  and  no  later  than  January  31st,
10    covering  the  period  from July 1st through December 31st of
11    the preceding calendar year.  Reports  of  contributions  and
12    expenditures  must  be  filed  to  cover  the prescribed time
13    periods even though no contributions or expenditures may have
14    been received or made during  the  period.  The  Board  shall
15    assess  a  civil penalty not to exceed $5,000 for a violation
16    of this  subsection,  except  that  for  State  officers  and
17    candidates  and  political  committees  formed  for statewide
18    office, the civil penalty may not exceed $10,000.  The  fine,
19    however,  shall  not exceed $500 for a first filing violation
20    for filing less than 10 days after the deadline. There  shall
21    be no fine if the report is mailed and postmarked at least 72
22    hours  prior  to the filing deadline. For the purpose of this
23    subsection, "statewide office" and "State officer" means  the
24    Governor, Lieutenant Governor, Attorney General, Secretary of
25    State, Comptroller, and Treasurer.
26        (c-5)  A  political  committee  that acts as either (i) a
27    State and local political committee or (ii) a local political
28    committee and that files reports electronically under Section
29    9-28 is not required to file copies of the reports  with  the
30    appropriate  county  clerk  if  the county clerk has a system
31    that permits access to, and duplication of, reports that  are
32    filed with the State Board of Elections.
33        (d)  A  copy of each report or statement filed under this
34    Article shall be preserved by the  person  filing  it  for  a
 
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 1    period of two years from the date of filing.
 2    (Source: P.A. 90-737, eff. 1-1-99.)

 3        (10 ILCS 5/9-28)
 4        Sec.  9-28.  Electronic  filing  and  availability.   The
 5    Board  shall  by  rule  provide  for the electronic filing of
 6    expenditure and contribution reports as follows:
 7        Beginning July 1, 1999, or  as  soon  thereafter  as  the
 8    Board   has  provided  adequate  software  to  the  political
 9    committee, electronic filing is required  for  all  political
10    committees  that  during  the reporting period (i) had at any
11    time a balance or an accumulation of contributions of $25,000
12    or more, (ii) made aggregate expenditures of $25,000 or more,
13    or (iii) received loans of an aggregate of $25,000 or more.
14        Beginning July 1, 2003, electronic filing is required for
15    all political committees that during the reporting period (i)
16    had at any time a balance or an accumulation of contributions
17    of $10,000 or  more,  (ii)  made  aggregate  expenditures  of
18    $10,000  or  more, or (iii) received loans of an aggregate of
19    $10,000 or more.
20        The Board may provide by rule for the optional electronic
21    filing of expenditure and contribution reports for all  other
22    political  committees.  The  Board  shall  promptly  make all
23    reports filed under this Article by all political  committees
24    publicly  available by means of a searchable database that is
25    accessible through the World Wide Web.
26        The Board shall provide all software necessary to  comply
27    with  this Section to candidates, public officials, political
28    committees, and election authorities.
29        The Board shall implement  a  plan  to  provide  computer
30    access   and  assistance  to  candidates,  public  officials,
31    political committees, and election authorities  with  respect
32    to electronic filings required under this Article.
33        The  Board  shall by rule provide for the optional filing
 
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 1    by electronic means of statements  of  organization  required
 2    under this Article to be filed with the State Board.
 3        For  the purposes of this Section, "political committees"
 4    includes entities required  to  report  to  the  Board  under
 5    Section 9-7.5.
 6    (Source: P.A. 90-495, eff. 8-18-97; 90-737, eff. 1-1-99.)

 7        Section  99.  Effective date.  This Act takes effect upon
 8    becoming law.".