093_HB3112ham002

 










                                     LRB093 02447 BDD 13543 a

 1                    AMENDMENT TO HOUSE BILL 3112

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

 5        "Section 5.  The Election Code  is  amended  by  changing
 6    Section 9-10 as follows:

 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.)

21        Section 99.  Effective date.  This Act takes effect  upon
22    becoming law.".