Full Text of SB0350 96th General Assembly
SB0350sam001 96TH GENERAL ASSEMBLY
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Sen. Christine Radogno
Filed: 5/21/2009
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| AMENDMENT TO SENATE BILL 350
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| AMENDMENT NO. ______. Amend Senate Bill 350 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Election Code is amended by changing the | 5 |
| heading of Article 9 and Sections 9-1, 9-1.4, 9-1.5, 9-10, | 6 |
| 9-18, 9-21, 9-23, and 9-28 and by adding Sections 9-1.16, | 7 |
| 9-1.18, 9-1.19, 9-1.20, 9-1.21, 9-1.22, 9-2.5, 9-2.7, 9-8.5, | 8 |
| 9-8.6, 9-8.7, 9-8.9, and 9-23.5 as follows: | 9 |
| (10 ILCS 5/Art. 9 heading) | 10 |
| ARTICLE 9. DISCLOSURE AND REGULATION OF CAMPAIGN
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| CONTRIBUTIONS AND EXPENDITURES
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| (10 ILCS 5/9-1) (from Ch. 46, par. 9-1)
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| Sec. 9-1. As used in this Article, unless the context | 14 |
| otherwise requires,
the terms defined in Sections 9-1.1 through | 15 |
| 9-1.22
9-1.13 , have the respective
meanings as defined in those |
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| Sections.
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| (Source: P.A. 86-873.)
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| (10 ILCS 5/9-1.4) (from Ch. 46, par. 9-1.4)
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| Sec. 9-1.4. "Contribution" means-
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| (1) a gift, subscription, donation, dues, loan, advance, or | 6 |
| deposit
of money or anything of value, knowingly received in | 7 |
| connection with the
nomination for election, or election, or | 8 |
| retention of any person to or in public office, in
connection | 9 |
| with the election of any person as ward or township | 10 |
| committeeman in
counties of 3,000,000 or more population, or
in | 11 |
| connection with any question of public policy;
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| (1.5) a gift, subscription, donation, dues, loan, advance, | 13 |
| deposit of money, or anything of value that constitutes an | 14 |
| electioneering communication regardless of whether the | 15 |
| communication is made in concert or cooperation with or at the | 16 |
| request, suggestion, or knowledge of a candidate, a candidate's | 17 |
| authorized local political committee, a State political | 18 |
| committee, a political committee in support of or opposition to | 19 |
| a question of public policy, or any of their agents;
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| (2) the purchase of tickets for fund-raising events, | 21 |
| including but
not limited to dinners, luncheons, cocktail | 22 |
| parties, and rallies made in
connection with the nomination for | 23 |
| election, or election, or retention of any person
to or in | 24 |
| public office, in connection with the election of any person as | 25 |
| ward or
township committeeman in counties of 3,000,000 or more |
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| population, or in
connection with any question of public | 2 |
| policy;
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| (3) a transfer of funds between political committees; and
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| (4) the services of an employee donated by an employer, in | 5 |
| which
case the contribution shall be listed in the name of the | 6 |
| employer,
except that any individual services provided | 7 |
| voluntarily and without
promise or expectation of compensation | 8 |
| from any source shall not be deemed
a contribution; but
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| (5) does not include--
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| (a) the use of real or personal property and the cost | 11 |
| of invitations,
food,
and beverages, voluntarily provided | 12 |
| by an individual in rendering voluntary
personal services | 13 |
| on the individual's residential premises for
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| candidate-related
activities; provided the value of the | 15 |
| service provided does not exceed an
aggregate of $150 in a | 16 |
| reporting period;
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| (b) the sale of any food or beverage by a vendor for | 18 |
| use in a candidate's
campaign at a charge less than the | 19 |
| normal comparable charge, if such charge
for use in a | 20 |
| candidate's campaign is at least equal to the cost of such
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| food or beverage to the vendor.
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| (Source: P.A. 94-645, eff. 8-22-05.)
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| (10 ILCS 5/9-1.5) (from Ch. 46, par. 9-1.5) | 24 |
| Sec. 9-1.5. Expenditure defined. | 25 |
| "Expenditure" means-
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| (1) a payment, distribution, purchase, loan, advance, | 2 |
| deposit, or
gift of money or anything of value, in connection | 3 |
| with the nomination
for election, or election, or retention of | 4 |
| any person to or in public office, in connection with
the | 5 |
| election of any person as ward or township committeeman in | 6 |
| counties of
3,000,000 or more population, or in
connection with | 7 |
| any question of public policy.
"Expenditure" also includes a | 8 |
| payment, distribution, purchase, loan,
advance, deposit, or | 9 |
| gift of
money or anything of value that constitutes an | 10 |
| electioneering communication
regardless of whether the | 11 |
| communication is made in concert or cooperation with
or at the | 12 |
| request, suggestion, or knowledge of a candidate, a candidate's
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| authorized
local political committee, a State political | 14 |
| committee, a political committee in support of or opposition to | 15 |
| a question of public policy, or any of their
agents.
However, | 16 |
| expenditure does not
include -
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| (a) the use of real or personal property and the cost | 18 |
| of invitations,
food,
and beverages, voluntarily provided | 19 |
| by an individual in rendering voluntary
personal services | 20 |
| on the individual's
residential premises for | 21 |
| candidate-related activities; provided the value
of the | 22 |
| service provided does not exceed an aggregate of $150 in a | 23 |
| reporting
period;
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| (b) the sale of any food or beverage by a vendor for | 25 |
| use in a candidate's
campaign at a charge less than the | 26 |
| normal comparable charge, if such charge
for use in a |
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| candidate's
campaign is at least equal to the cost of such | 2 |
| food or beverage to the vendor.
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| (2) a transfer of funds between political committees.
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| (Source: P.A. 93-574, eff. 8-21-03; 93-615, eff. 11-19-03; | 5 |
| 93-847, eff. 7-30-04.)
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| (10 ILCS 5/9-1.16 new) | 7 |
| Sec. 9-1.16. Regular election period. | 8 |
| (a) "Regular election period" means, for purposes of (i) | 9 |
| contributions to political committees designated by | 10 |
| established political parties and candidates for nomination or | 11 |
| election to offices to be filled at a general election and (ii) | 12 |
| independent expenditures benefiting candidates for nomination | 13 |
| or election to offices to be filled at a general election, each | 14 |
| of the following: | 15 |
| (1) The period beginning on January 1 immediately | 16 |
| following the date of the most recent general election for | 17 |
| the office to which a candidate seeks nomination or | 18 |
| election and ending the day of the next general primary | 19 |
| election for that office. | 20 |
| (2) The period beginning on the day after the most | 21 |
| recent general primary election for the office to which the | 22 |
| candidate seeks nomination or election and ending on the | 23 |
| December 31 after the general election for that office. | 24 |
| (b) "Regular election period" means, for purposes of (i) | 25 |
| contributions to a political committee designated by an |
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| incumbent judge seeking retention in office and (ii) | 2 |
| independent expenditures benefiting incumbent judges seeking | 3 |
| retention in office, the period beginning on the date on which | 4 |
| an incumbent judge declares his or her intention to seek | 5 |
| retention in office and ending 90 days after the retention | 6 |
| election. | 7 |
| (c) "Regular election period" means, for purposes of (i) | 8 |
| contributions made to political committees designated by | 9 |
| candidates for nomination or election to offices to be filled | 10 |
| at a consolidated primary or consolidated election and (ii) | 11 |
| independent expenditures benefiting candidates for nomination | 12 |
| or election to offices to be filled at a consolidated primary | 13 |
| or consolidated election,
the period beginning on July 1 | 14 |
| immediately following the date of the most recent consolidated | 15 |
| primary election or consolidated election at which the office | 16 |
| for which the candidate seeks nomination or election was filled | 17 |
| and ending on June 30 immediately after the date of the next | 18 |
| consolidated primary election or consolidated election for | 19 |
| that office. | 20 |
| (10 ILCS 5/9-1.18 new) | 21 |
| Sec. 9-1.18. Labor organization. The term "labor | 22 |
| organization" means any organization of any kind or any agency | 23 |
| or employee representation committee or plan in which employees | 24 |
| participate and that exists for the purpose, in whole or in | 25 |
| part, of dealing with employers concerning grievances, labor |
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| disputes, wages, rates of pay, hours of employment, or | 2 |
| conditions of work, including any parent, subsidiary, | 3 |
| affiliate, branch, division, department or local unit thereof. | 4 |
| (10 ILCS 5/9-1.19 new) | 5 |
| Sec. 9-1.19. Corporation. The term "corporation" includes | 6 |
| a limited liability company, partnership, limited partnership, | 7 |
| limited liability partnership, professional association, | 8 |
| professional corporation, professional practice, cooperative, | 9 |
| sole proprietorship, or any other legally-recognized business | 10 |
| entity, whether organized on a for-profit or non-profit basis. | 11 |
| (10 ILCS 5/9-1.20 new) | 12 |
| Sec. 9-1.20. Association. The term "association" means any | 13 |
| group, club, collective, membership organization, collection | 14 |
| of persons, entity organized under Section 501 or 527 of the | 15 |
| Internal Revenue Code, or other entity other than a natural | 16 |
| person; except that an association does not include a political | 17 |
| committee organized under this Article. | 18 |
| (10 ILCS 5/9-1.21 new)
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| Sec. 9-1.21. Affiliated person. "Affiliated person" has | 20 |
| the meaning given to that term in Section 50-37 of the Illinois | 21 |
| Procurement Code. | 22 |
| (10 ILCS 5/9-1.22 new)
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| Sec. 9-1.22. Affiliated entity. "Affiliated entity" has | 2 |
| the meaning given to that term in Section 50-37 of the Illinois | 3 |
| Procurement Code. | 4 |
| (10 ILCS 5/9-2.5 new) | 5 |
| Sec. 9-2.5. Single political committee. | 6 |
| (a) Except as provided by this Section, no public official | 7 |
| or candidate for public office may establish more than one | 8 |
| political committee for each office that public official or | 9 |
| candidate occupies or is seeking. | 10 |
| (b) A public official with one or more pre-existing | 11 |
| committees bound by the limits of any subsection of Section | 12 |
| 9-8.5 considering a candidacy for any office covered by the | 13 |
| limits of any different subsection of Section 9-8.5 must form a | 14 |
| new committee, to be termed an exploratory committee. A | 15 |
| pre-existing committee created for the primary purpose of | 16 |
| aiding that candidate's election to other offices that ceases | 17 |
| all fundraising after the creation of an exploratory committee | 18 |
| may transfer funds without limit to an exploratory committee. | 19 |
| If the candidate decides against running for the new office, | 20 |
| fails to qualify for the ballot at the next election, or loses | 21 |
| the next election, then the exploratory committee must return | 22 |
| any remaining funds to contributors or donate the funds to | 23 |
| charity, and close the committee within 90 days following the | 24 |
| candidate's decision not to run, failure to qualify or loss. | 25 |
| (c) As described in 5/9-2.7(c), the President of the |
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| Senate, Minority Leader of the Senate, Speaker of the House of | 2 |
| Representatives, and Minority Leader of the House of | 3 |
| Representatives may each establish and operate one additional | 4 |
| political committee for the purpose of supporting the election | 5 |
| of candidates to the General Assembly. The committees provided | 6 |
| for in this subsection (c) shall not be considered established | 7 |
| by the President of the Senate, Minority Leader of the Senate, | 8 |
| Speaker of the House of Representatives, or Minority Leader of | 9 |
| the House of Representatives for purposes of Section 9-2.5.
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| (10 ILCS 5/9-2.7 new) | 11 |
| Sec. 9-2.7. Designated Political Committees. | 12 |
| (a) Candidate committees. | 13 |
| (1) Each candidate shall designate in writing one and | 14 |
| only one political committee to serve as the political | 15 |
| committee of the candidate. The candidate shall file this | 16 |
| designation with the State Board of Elections no later than | 17 |
| 15 days after becoming a candidate or establishing the | 18 |
| committee. The designation shall become effective upon | 19 |
| filing with the State Board of Elections. Any committee so | 20 |
| designated may, within 10 business days after notification | 21 |
| of the designation, reject the designation. If a committee | 22 |
| rejects a candidate designation, the committee must return | 23 |
| to donors any funds raised as a result of the designation, | 24 |
| and the candidate must create and designate a new committee | 25 |
| within 5 business days after the rejection. |
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| (2) The name of the designated committee shall include | 2 |
| the name of the candidate who authorized the committee | 3 |
| under paragraph (1). No political committee that is not a | 4 |
| designated candidate committee may include the full name of | 5 |
| that candidate in its name. | 6 |
| (b) Party committees. | 7 |
| (1) Any political organization or party may designate | 8 |
| in writing one and only one political committee to serve as | 9 |
| the political committee of the party for elections to State | 10 |
| or local office. The designation shall be made no later | 11 |
| than 15 days after the effective date of this amendatory | 12 |
| Act of the 96th General Assembly, or 15 days after | 13 |
| formation of the committee, and shall be filed with the | 14 |
| State Board of Election. The designation of a party | 15 |
| committee may be changed only upon the replacement of the | 16 |
| party chairman. | 17 |
| (2) The name of the designated committee shall include | 18 |
| the name of the party that authorized the committee under | 19 |
| paragraph (1). No political committee that is not a | 20 |
| designated party committee may include the full name of | 21 |
| that party in its name. | 22 |
| (c) Caucus committees. | 23 |
| (1) The President of the Senate, Minority Leader of the | 24 |
| Senate, Speaker of the House of Representatives, and | 25 |
| Minority Leader of the House of Representatives may each | 26 |
| designate in writing one and only one political committee |
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| to serve as the political committee of his or her caucus. | 2 |
| The designation shall be made no later than 15 days after | 3 |
| the start of the General Assembly, and shall be filed with | 4 |
| the State Board of Election. The designation of a caucus | 5 |
| committee may not be changed, revoked, or altered until the | 6 |
| start of the next General Assembly unless the person | 7 |
| elected to the office authorized to designate the caucus | 8 |
| committee also changes; the new leader may designate a new | 9 |
| committee within 15 days after taking office. All | 10 |
| contributions from all committees designated the caucus | 11 |
| committee for a particular caucus made during a single | 12 |
| regular election period shall be aggregated for the | 13 |
| purposes of Section 9-8.5. | 14 |
| (2) The name of the designated committee shall include | 15 |
| a clear and unambiguous reference to the caucus that | 16 |
| authorized the committee under paragraph (1). No political | 17 |
| committee that is not a designated caucus committee may | 18 |
| include the name of that caucus in its name. | 19 |
| (d) All designations, statements, and reports required to | 20 |
| be filed under this Section shall be filed with the Board. The | 21 |
| Board shall retain and make the designations, statements, and | 22 |
| reports received under this Section available for public | 23 |
| inspection and copying on-line in the same manner as statements | 24 |
| of organization.
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| (10 ILCS 5/9-8.5 new) |
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| Sec. 9-8.5. Limitation on contributions. | 2 |
| (a) It shall be unlawful for any person to make | 3 |
| contributions to a political committee except as provided in | 4 |
| this Section. | 5 |
| (b) To political committees designated by a candidate for | 6 |
| legislative office: | 7 |
| (1) Natural persons may contribute no more than $2,400 | 8 |
| during any regular election period. | 9 |
| (2) Political committees established by a State | 10 |
| political party may contribute no more than $30,000 during | 11 |
| the regular election period. All committees established by | 12 |
| a State political party, under State or federal law, shall | 13 |
| be considered as one committee for the purpose of this | 14 |
| Section. | 15 |
| (3) Political committees established by a partisan | 16 |
| legislative caucus may contribute no more than $30,000 | 17 |
| during any regular election period. | 18 |
| (4) Any other political committee not designated by the | 19 |
| candidate may contribute no more than $5,000 during a | 20 |
| regular election period. | 21 |
| (5) A corporation, labor organization, or association | 22 |
| may contribute from its own treasuries no more than $5,000 | 23 |
| during a regular election period. All contributions from | 24 |
| affiliated persons and affiliated entities shall be | 25 |
| aggregated for the purposes of this Section.
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| (c) To political committees designated by a candidate for a |
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| local office or for ward or township committeeman in counties | 2 |
| of 3,000,000 or more population: | 3 |
| (1) Natural persons may contribute no more than $2,400 | 4 |
| during any regular election period. | 5 |
| (2) The candidate may designate one and only one | 6 |
| political party whose political committees may contribute | 7 |
| no more than $10,000 during the regular election period. | 8 |
| All committees established by the political party, under | 9 |
| State or federal law, shall be considered as one committee | 10 |
| for the purpose of this Section. | 11 |
| (3) Any other political committee not designated by the | 12 |
| candidate may contribute no more than $5,000 during any | 13 |
| regular election period. | 14 |
| (3.5) A corporation, labor organization, or | 15 |
| association may contribute from its own treasuries no more | 16 |
| than $5,000 during any regular election period. All | 17 |
| contributions from affiliated persons and affiliated | 18 |
| entities shall be aggregated for the purposes of this | 19 |
| Section.
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| (d) To political committees designated by a candidate for | 21 |
| State office, other than for legislative or statewide office: | 22 |
| (1) Natural persons may contribute no more than $2,400 | 23 |
| during any regular election period. | 24 |
| (2) The candidate may designate one and only one | 25 |
| political party whose political committees may contribute | 26 |
| no more than $10,000 during the regular election period. |
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| All committees established by the political party, under | 2 |
| State or federal law, shall be considered as one committee | 3 |
| for the purpose of this Section. | 4 |
| (3) Any other political committee not designated by the | 5 |
| candidate may contribute no more than $5,000 during a | 6 |
| regular election period. | 7 |
| (4) A corporation, labor organization, or association | 8 |
| may contribute from its own treasuries no more than $5,000 | 9 |
| during a regular election period. All contributions from | 10 |
| affiliated persons and affiliated entities shall be | 11 |
| aggregated for the purposes of this Section.
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| (e) To political committees designated by a candidate for | 13 |
| statewide office: | 14 |
| (1) Natural persons may contribute no more than $2,400 | 15 |
| during any regular election period. | 16 |
| (2) The candidate may designate one and only one | 17 |
| political party whose political committees may contribute | 18 |
| no more than $50,000 during the regular election period. | 19 |
| All committees established by the political party, under | 20 |
| State or federal law, shall be considered as one committee | 21 |
| for the purpose of this Section. | 22 |
| (3) Any other political committee not designated by the | 23 |
| candidate may contribute no more than $5,000 during a | 24 |
| regular election period. | 25 |
| (4) A corporation, labor organization, or association | 26 |
| may contribute from its own treasuries no more than $5,000 |
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| during a regular election period. All contributions from | 2 |
| affiliated persons and affiliated entities shall be | 3 |
| aggregated for the purposes of this Section.
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| (f) To political committees designated by an established | 5 |
| political party: | 6 |
| (1) Natural persons may contribute no more than $2,400 | 7 |
| during any regular election period. | 8 |
| (2) Any other political committee may contribute no | 9 |
| more than $5,000 during any regular election period. | 10 |
| (3) A corporation, labor organization, or association | 11 |
| may contribute from its own treasuries no more than $5,000 | 12 |
| during a regular election period. All contributions from | 13 |
| affiliated persons and affiliated entities, shall be | 14 |
| aggregated for the purposes of this Section.
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| (g) To political committees designated by a legislative | 16 |
| caucus: | 17 |
| (1) Natural persons may contribute no more than $2,400 | 18 |
| during any regular election period during which any | 19 |
| candidate actively supported by the caucus is seeking | 20 |
| nomination or election. | 21 |
| (2) Any other political committee may contribute no | 22 |
| more than $5,000 during any regular election period during | 23 |
| which any candidate actively supported by the caucus is | 24 |
| seeking nomination or election. | 25 |
| (3) A corporation, labor organization, or association | 26 |
| may contribute from its own treasuries no more than $5,000 |
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| during any regular election period. All contributions from | 2 |
| affiliated persons and affiliated entities shall be | 3 |
| aggregated for the purposes of this Section.
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| (h) For any other political committee, natural persons may | 5 |
| contribute no more than $2,400 during any period beginning on | 6 |
| January 1 of an odd-numbered year and ending on December 31 of | 7 |
| an even-numbered year. A corporation, labor organization, | 8 |
| association, or other political committee may contribute no | 9 |
| more than $5,000 during a regular election period described in | 10 |
| subsection (a) of Section 9-1.16. All contributions from | 11 |
| affiliated persons and affiliated entities shall be aggregated | 12 |
| for the purposes of this Section. | 13 |
| (i) Political committees may divide the proceeds of joint | 14 |
| fundraising efforts but must disclose all donations as from | 15 |
| their true origin, and no political committee may receive more | 16 |
| then the aggregate limit from any one donor. | 17 |
| (j) On January 1 of every odd-numbered year, the State | 18 |
| Board of Elections shall adjust the limits established in this | 19 |
| Section for inflation as determined by the Consumer Price Index | 20 |
| for All Urban Consumers as issued by the United States | 21 |
| Department of Labor and rounded to the nearest $100. | 22 |
| (k) In any instance when a corporation and any of its | 23 |
| subsidiaries, branches, divisions, departments, or local | 24 |
| units; a labor organization and any of its subsidiaries, | 25 |
| branches, divisions, departments, or local units; or an | 26 |
| association or any of its affiliates, subsidiaries, branches, |
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| divisions, departments, or local units contribute to one or | 2 |
| more political committees or establish, maintain, or control | 3 |
| more than one separate segregated fund qualified as a political | 4 |
| committee, all of the related contributing entities
shall be | 5 |
| treated as a single contributing entity
for the purposes of the | 6 |
| limitations provided by this Section. | 7 |
| (l) Expenditures. | 8 |
| (1) Expenditures made by any person in cooperation, | 9 |
| consultation, or concert with a candidate, his or her | 10 |
| designated committee, State party committee, legislative | 11 |
| caucus committee or their agents, shall be considered a | 12 |
| contribution to the relevant candidate's designated | 13 |
| political committee, State party committee, or legislative | 14 |
| caucus committee for the purpose of this Section. | 15 |
| (2) The financing by any person of the dissemination, | 16 |
| distribution, or republication, in whole or in part, of any | 17 |
| broadcast or any written, graphic, or other form of | 18 |
| campaign materials prepared by the candidate, his or her | 19 |
| political committee, State party committee, legislative | 20 |
| caucus committee, or their authorized agents shall be | 21 |
| considered to be a contribution to the candidate's | 22 |
| designated political committee for the purposes of this | 23 |
| Section. | 24 |
| (m) No candidate or political committee shall knowingly | 25 |
| accept any contribution in violation of the provisions of this | 26 |
| Section. |
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| (n) Multiple designations. | 2 |
| (1) No committee may accept donations larger than those | 3 |
| specified in this Section, regardless of the number of | 4 |
| candidates that may designate that committee under Section | 5 |
| 9-2.7. | 6 |
| (2) Any committee designated by candidates who | 7 |
| individually qualify under different subsections of this | 8 |
| Section shall be bound by the lower limit. | 9 |
| (o) The Board shall bring complaints and investigations on | 10 |
| its own initiative when the Board has reason to believe that a | 11 |
| person, candidate, or political committee has knowingly | 12 |
| violated this Section. | 13 |
| In addition to any other penalties authorized by this | 14 |
| Article, the State Board of Elections, any political committee, | 15 |
| or any person may apply to the circuit court for a temporary | 16 |
| restraining order or a preliminary or permanent injunction | 17 |
| against a political committee or any other entity to cease the | 18 |
| expenditure of contributions made or accepted in violation of | 19 |
| this Section and to cease operations until the Board determines | 20 |
| that the committee or entity is in compliance with this | 21 |
| Section. | 22 |
| (p) Penalties. | 23 |
| (1) Any person who knowingly violates this Section | 24 |
| shall be fined the greater of $5,000 or 3 times the value | 25 |
| of the unlawful contribution. | 26 |
| (2) The State Board of Elections shall assess a penalty |
|
|
|
09600SB0350sam001 |
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| 1 |
| of up to $5,000 for each violation against the recipient of | 2 |
| any contribution in violation of this Section if the | 3 |
| recipient knew that the contribution was in violation of | 4 |
| this Section. For purposes of this Section, a recipient | 5 |
| knew that the contribution was in violation of this Section | 6 |
| if the candidate, the committee chairman or treasurer, or | 7 |
| any natural person paid to perform regular campaign tasks | 8 |
| knew that the contribution was in violation of this | 9 |
| Section.
| 10 |
| (10 ILCS 5/9-8.6 new)
| 11 |
| Sec. 9-8.6. Disclosure of independent expenditures. | 12 |
| (a) As used in this Article: | 13 |
| "Benefiting public official or candidate" means the public | 14 |
| official or candidate whose nomination or election or whose | 15 |
| opponent's defeat is expressly advocated by the person making | 16 |
| the independent expenditure. | 17 |
| "Independent expenditure" means an expenditure (i) that is | 18 |
| made by a person expressly advocating the nomination, election, | 19 |
| or defeat of a clearly identifiable public official or | 20 |
| candidate and (ii) that is not made in connection, | 21 |
| consultation, or concert with or at the request or suggestion | 22 |
| of the public official or candidate, the public official's or | 23 |
| candidate's designated political committee, or the agent or | 24 |
| agents of the public official, candidate, or political | 25 |
| committee. |
|
|
|
09600SB0350sam001 |
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| 1 |
| (b) A person that makes an independent expenditure with | 2 |
| respect to a benefiting public official or candidate that, | 3 |
| alone or in combination with any other independent expenditure | 4 |
| made by that person with respect to that benefiting public | 5 |
| official or candidate during the same regular election period, | 6 |
| equals an aggregate value of at least $5,000 must file a | 7 |
| written disclosure with the benefiting public official or | 8 |
| candidate and the State Board of Elections within 5 business | 9 |
| days after making each expenditure that results in the person | 10 |
| meeting or exceeding the $5,000 threshold. Each disclosure must | 11 |
| identify the person, his or her occupation and employer, the | 12 |
| benefiting public official or candidate, and the date, amount, | 13 |
| recipient, and nature of each independent expenditure. | 14 |
| (c) Penalties. | 15 |
| (1) Any person who knowingly violates this Section | 16 |
| shall be fined the greater of $5,000 or 3 times the value | 17 |
| of the unlawful contribution. | 18 |
| (2) The State Board of Elections shall assess a penalty | 19 |
| of up to $5,000 for each violation against the recipient of | 20 |
| any contribution in violation of this Section if the | 21 |
| recipient knew that the contribution was in violation of | 22 |
| this Section. For purposes of this Section, a recipient | 23 |
| knew that the contribution was in violation of this Section | 24 |
| if the candidate, the committee chairman or treasurer, or | 25 |
| any natural person paid to perform regular campaign tasks | 26 |
| knew that the contribution was in violation of this |
|
|
|
09600SB0350sam001 |
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|
| 1 |
| Section. | 2 |
| (10 ILCS 5/9-8.7 new)
| 3 |
| Sec. 9-8.7. Disclosure by contribution coordinator. | 4 |
| (a) As used in this Section: | 5 |
| "Contribution bundle" means one or more contributions (i) | 6 |
| made by at least one contributor other than the contribution | 7 |
| coordinator and (ii) with an aggregate value of at least | 8 |
| $16,000 during any regular election period (this amount to be | 9 |
| indexed for inflation). | 10 |
| "Contribution coordinator" means a person, other than a | 11 |
| committee subject to the reporting requirements of Section | 12 |
| 9-10, that: (i) physically or electronically forwards | 13 |
| contributions from one or more other persons to a candidate, | 14 |
| public official, or political committee; (ii) is credited by a | 15 |
| candidate, public official, or political committee, through | 16 |
| records, designations, or other means of recognition, with | 17 |
| raising contributions made by one or more other persons to that | 18 |
| candidate, public official, or political committee; or (iii) a | 19 |
| candidate, public official, or political committee knows, or | 20 |
| reasonably should know, has raised contributions made by one or | 21 |
| more other persons to the candidate, public official, or | 22 |
| political committee. | 23 |
| (b) Contribution coordinators must include a written
| 24 |
| disclosure identifying their name, occupation, and employer | 25 |
| with
each contribution they forward physically or |
|
|
|
09600SB0350sam001 |
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|
| 1 |
| electronically to a
candidate, public official, or a political | 2 |
| committee. | 3 |
| (c) Each candidate, public official, and political | 4 |
| committee must disclose the name, occupation, and employer of | 5 |
| the individual contributor, the date and amount of the | 6 |
| individual contribution, and the contribution coordinator's | 7 |
| name, occupation, and employer for every contribution bundle | 8 |
| received during any regular election
period. | 9 |
| (d) Each candidate, public official, or political | 10 |
| committee that receives a contribution bundle must | 11 |
| electronically file the disclosure under subsection (c) with | 12 |
| the State Board of Elections within 5 business days after the | 13 |
| candidate, public official, or political committee receives | 14 |
| the contribution that causes the aggregate amount of | 15 |
| contributions raised through the contribution coordinator's | 16 |
| efforts to exceed $16,000 (as indexed for inflation) and become | 17 |
| a contribution bundle. | 18 |
| (e) For the purpose of the contribution limits established | 19 |
| by this Article, each contribution in a contribution bundle is | 20 |
| attributed to the person that made the contribution to the | 21 |
| contribution coordinator and is not attributed to the | 22 |
| contribution coordinator unless the contribution coordinator | 23 |
| made that contribution. | 24 |
| (f) A candidate, public official, or political committee | 25 |
| that accepts a contribution in violation of this Section shall | 26 |
| return the contribution to the contribution coordinator, or |
|
|
|
09600SB0350sam001 |
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| 1 |
| donate the contribution to a charitable organization approved | 2 |
| by the State Board of elections, within 10 business days after | 3 |
| receipt. A contribution accepted in violation of this Section | 4 |
| and not disposed of as provided in this subsection shall | 5 |
| escheat to the State treasury. | 6 |
| (g) Penalties. | 7 |
| (1) Any person who knowingly violates this Section | 8 |
| shall be fined the greater of $5,000 or 3 times the value | 9 |
| of the unlawful contribution. | 10 |
| (2) The State Board of Elections shall assess a penalty | 11 |
| of up to $5,000 for each violation against the recipient of | 12 |
| any contribution in violation of this Section if the | 13 |
| recipient knew that the contribution was in violation of | 14 |
| this Section. For purposes of this Section, a recipient | 15 |
| knew that the contribution was in violation of this Section | 16 |
| if the candidate, the committee chairman or treasurer, or | 17 |
| any natural person paid to perform regular campaign tasks | 18 |
| knew that the contribution was in violation of this | 19 |
| Section. | 20 |
| (10 ILCS 5/9-8.9 new)
| 21 |
| Sec. 9-8.9. Certain contributions prohibited. | 22 |
| (a) For the purpose of this Section, "State employee" and | 23 |
| "executive branch constitutional officer" are defined as in the | 24 |
| State Officials and Employees Ethics Act. | 25 |
| (b) A State employee of the executive branch of State |
|
|
|
09600SB0350sam001 |
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|
| 1 |
| government may not make a contribution to (i) the executive | 2 |
| branch constitutional officer with authority to appoint the | 3 |
| Executive Inspector General with jurisdiction over that State | 4 |
| employee, (ii) a candidate for that executive branch | 5 |
| constitutional office, or (iii) a political committee | 6 |
| established to promote the candidacy of a person described in | 7 |
| (i) or (ii). A State employee of the legislative branch of | 8 |
| State government may not make a contribution to a member of the | 9 |
| General Assembly, a General Assembly candidate, or the | 10 |
| designated political committees established to promote the | 11 |
| candidacy of a General Assembly member or General Assembly | 12 |
| candidate, the designated State party committee, or the | 13 |
| designated legislative caucus committees. | 14 |
| (c) A person that engages in an activity (i) subject to | 15 |
| regulation by the Illinois Commerce Commission or the Division | 16 |
| of Insurance or Division of Financial Institutions of the | 17 |
| Department of Financial and Professional Regulation or (ii) | 18 |
| subject to the Illinois Horse Racing Act of 1975 or the | 19 |
| Riverboat Gambling Act, and that person's affiliated persons | 20 |
| and affiliated entities, may not make a contribution to an | 21 |
| executive branch constitutional officer, a General Assembly | 22 |
| member, a candidate for an executive branch constitutional | 23 |
| office or the General Assembly, or a designated political | 24 |
| committee established to promote the candidacy of that officer, | 25 |
| member, or candidate, the designated State party committee, or | 26 |
| the designated legislative caucus committees. |
|
|
|
09600SB0350sam001 |
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|
| 1 |
| (d) A person required to register under the Lobbyist | 2 |
| Registration Act may not make a contribution to a public | 3 |
| official, candidate, political committee, or other person. | 4 |
| (e) A trust may not make a contribution to a public | 5 |
| official, candidate, political committee, or other person. | 6 |
| (f) A candidate, public official, or political committee | 7 |
| that accepts a contribution made in violation of this Section | 8 |
| shall return the contribution to the contributor, or donate the | 9 |
| contribution to a charitable organization approved by the State | 10 |
| Board of Elections, within 10 business days after receipt. A | 11 |
| contribution made in violation of this Section and not disposed | 12 |
| of as provided in this subsection shall escheat to the State | 13 |
| treasury. | 14 |
| (g) Penalties. | 15 |
| (1) Any person who knowingly violates this Section | 16 |
| shall be fined the greater of $5,000 or 3 times the value | 17 |
| of the unlawful contribution. | 18 |
| (2) The State Board of Elections shall assess a penalty | 19 |
| of up to $5,000 for each violation against the recipient of | 20 |
| any contribution in violation of this Section if the | 21 |
| recipient knew that the contribution was in violation of | 22 |
| this Section. For purposes of this Section, a recipient | 23 |
| knew that the contribution was in violation of this Section | 24 |
| if the candidate, the committee chairman or treasurer, or | 25 |
| any natural person paid to perform regular campaign tasks | 26 |
| knew that the contribution was in violation of this |
|
|
|
09600SB0350sam001 |
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LRB096 06364 JAM 27324 a |
|
| 1 |
| Section. | 2 |
| (10 ILCS 5/9-10) (from Ch. 46, par. 9-10)
| 3 |
| Sec. 9-10. Financial reports.
| 4 |
| (a) The treasurer of every state political committee and | 5 |
| the
treasurer of every local political committee shall file | 6 |
| with the
Board, and the treasurer of every local political | 7 |
| committee shall file
with the county clerk, reports of campaign | 8 |
| contributions, and semi-annual
reports of campaign | 9 |
| contributions and expenditures on forms to be
prescribed or | 10 |
| approved by the Board. The treasurer of every political
| 11 |
| committee that acts as both a state political committee and a | 12 |
| local
political committee shall file a copy of each report with | 13 |
| the State Board
of Elections and the county clerk.
Entities | 14 |
| subject to Section 9-7.5 shall file reports required by
that | 15 |
| Section at times
provided in this Section and are subject to | 16 |
| the penalties provided in this
Section.
| 17 |
| (b) This subsection does not apply with respect to general | 18 |
| primary elections. Reports of campaign contributions shall be | 19 |
| filed no later than the
15th day next preceding each election | 20 |
| in
connection with which the political committee has accepted | 21 |
| or is
accepting contributions or has made or is making | 22 |
| expenditures. Such
reports shall be complete as of the 30th day | 23 |
| next preceding each election. The Board shall assess a civil | 24 |
| penalty not to
exceed $5,000 for a violation of this | 25 |
| subsection, except that for State
officers and candidates
and |
|
|
|
09600SB0350sam001 |
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|
| 1 |
| political
committees formed for statewide office, the civil
| 2 |
| penalty may not exceed $10,000.
The fine, however, shall not | 3 |
| exceed $500 for a
first filing violation for filing less than | 4 |
| 10 days after the deadline.
There shall be no fine if the | 5 |
| report is mailed and postmarked at least 72 hours
prior to the | 6 |
| filing deadline.
For the purpose of this subsection and | 7 |
| subsection (b-5) , "statewide
office" and "State officer" means | 8 |
| the Governor, Lieutenant Governor, Attorney
General,
Secretary | 9 |
| of State,
Comptroller, and Treasurer. However, a
continuing | 10 |
| political committee that does not make an expenditure or
| 11 |
| expenditures in an aggregate amount of more than $500 on behalf | 12 |
| of or in opposition to any (i) candidate or candidates, (ii) | 13 |
| public
question or questions, or (iii) candidate or candidates | 14 |
| and public question or questions on the ballot at an election | 15 |
| shall not be required to file the
reports prescribed in this | 16 |
| subsection (b) and subsection (b-5) but may file in lieu | 17 |
| thereof a Statement of
Nonparticipation in the Election with | 18 |
| the Board or the Board and the county
clerk ; except that if | 19 |
| the political committee, by the terms of its statement of | 20 |
| organization filed in accordance with this Article, is | 21 |
| organized to support or oppose a candidate or public question | 22 |
| on the ballot at the next election or primary, that committee | 23 |
| must file reports required by this subsection (b) and by | 24 |
| subsection (b-5).
| 25 |
| (b-5) Notwithstanding the provisions of subsection (b) and
| 26 |
| Section 1.25 of the Statute on Statutes, a report of any |
|
|
|
09600SB0350sam001 |
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|
| 1 |
| contribution
of more than $500 received (i) with respect to | 2 |
| elections other than the general primary election, in the | 3 |
| interim between the last date
of the period
covered by the last | 4 |
| report filed under subsection (b) prior to the election and
the | 5 |
| date of the election or (ii) with respect to general primary | 6 |
| elections, in the period beginning January 1 of the year of the | 7 |
| general primary election and prior to the date of the general | 8 |
| primary election shall be filed electronically with and must | 9 |
| actually be received by
the State Board of Elections within 2 | 10 |
| business days after
receipt of such contribution. A report of | 11 |
| contributions received since the most recent report filed under | 12 |
| this Section in an aggregate amount of at least $500, or at | 13 |
| least $1,000 in the case of a State officer or a candidate or | 14 |
| political committee formed for State office, shall be filed | 15 |
| electronically with and must actually be received by the State | 16 |
| Board of Elections within 5 business days after receipt of the | 17 |
| contribution that causes that aggregate amount to be met or | 18 |
| exceeded. A continuing political committee that does not | 19 |
| support or oppose a candidate or public question on the ballot | 20 |
| at a general primary election and does not make expenditures in | 21 |
| excess of $500 on behalf of or in opposition to any candidate | 22 |
| or public question on the ballot at the general primary | 23 |
| election shall not be required to file the report prescribed in | 24 |
| this subsection unless the committee makes an expenditure in | 25 |
| excess of $500 on behalf of or in opposition to any candidate | 26 |
| or public question on the ballot at the general primary |
|
|
|
09600SB0350sam001 |
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|
| 1 |
| election. The committee shall timely file the report required | 2 |
| under this subsection beginning with the date the expenditure | 3 |
| that triggered participation was made.
The State Board shall | 4 |
| allow filings of reports of contributions of more than
$500 | 5 |
| under this subsection (b-5) by political committees that are | 6 |
| not
required to file electronically to be made by
facsimile | 7 |
| transmission.
For the purpose of this subsection, a | 8 |
| contribution is considered
received on the date the public | 9 |
| official, candidate, or political committee (or
equivalent | 10 |
| person
in the case of a
reporting entity other than a political | 11 |
| committee) actually receives it or, in
the case of goods or | 12 |
| services, 2 business days after the date the public
official,
| 13 |
| candidate, committee,
or other reporting entity receives the | 14 |
| certification required under subsection
(b) of Section 9-6.
| 15 |
| Failure to report
each contribution is a separate violation of | 16 |
| this subsection. In the final
disposition of any matter by the | 17 |
| Board on or after the effective date of this
amendatory Act of | 18 |
| the 93rd General Assembly, the Board
may
impose fines for | 19 |
| violations of this subsection not to exceed 100% of the
total
| 20 |
| amount of the contributions that were untimely reported, but in | 21 |
| no case when a
fine is imposed shall it be less
than 10% of the | 22 |
| total amount of the contributions that were untimely
reported.
| 23 |
| When considering the amount of the fine to be imposed, the | 24 |
| Board shall
consider, but is not limited to, the following | 25 |
| factors:
| 26 |
| (1) whether in the Board's opinion the violation was |
|
|
|
09600SB0350sam001 |
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LRB096 06364 JAM 27324 a |
|
| 1 |
| committed
inadvertently,
negligently, knowingly, or | 2 |
| intentionally;
| 3 |
| (2) the number of days the contribution was reported | 4 |
| late; and
| 5 |
| (3) past violations of Sections 9-3 and 9-10 of this | 6 |
| Article by the
committee.
| 7 |
| (c) In addition to such reports the treasurer of every | 8 |
| political
committee shall file semi-annual reports of campaign | 9 |
| contributions and
expenditures no later than July 20th, | 10 |
| covering the period from January 1st
through June 30th | 11 |
| immediately preceding, and no later than January 20th,
covering | 12 |
| the period from July 1st through December 31st of the preceding
| 13 |
| calendar year. Reports of contributions and expenditures must | 14 |
| be filed to
cover the prescribed time periods even though no | 15 |
| contributions or
expenditures may have been received or made | 16 |
| during the period.
The Board shall assess a civil penalty not | 17 |
| to exceed $5,000 for a violation
of this subsection, except | 18 |
| that for State officers and candidates
and political
committees | 19 |
| formed for statewide office, the civil
penalty may not exceed | 20 |
| $10,000.
The fine, however, shall not exceed $500 for a
first | 21 |
| filing violation for filing less than 10 days after the | 22 |
| deadline.
There shall be no fine if the report is mailed and | 23 |
| postmarked at least 72 hours
prior to the filing deadline.
For | 24 |
| the purpose of this subsection, "statewide
office" and "State | 25 |
| officer"
means the Governor, Lieutenant Governor, Attorney | 26 |
| General, Secretary
of State,
Comptroller, and Treasurer.
|
|
|
|
09600SB0350sam001 |
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LRB096 06364 JAM 27324 a |
|
| 1 |
| (c-5) A political committee that acts as either (i) a State | 2 |
| and local
political committee or (ii) a local political | 3 |
| committee and that files reports
electronically under Section | 4 |
| 9-28 is not required to file copies of the reports
with the | 5 |
| appropriate county clerk if the county clerk has a system that
| 6 |
| permits access to, and duplication of, reports that are filed | 7 |
| with the State
Board of Elections. A State and local political | 8 |
| committee or
a local political committee shall file with the | 9 |
| county clerk a copy of its
statement of organization pursuant | 10 |
| to Section 9-3.
| 11 |
| (d) A copy of each report or statement filed under this | 12 |
| Article
shall be
preserved by the person filing it for a period | 13 |
| of two years from the
date of filing.
Within 5 business days | 14 |
| after the Board imposes or waives fines under this Section, the | 15 |
| Board shall publish on its website a summary of fines | 16 |
| considered and imposed, identifying the person, candidate, or | 17 |
| political committee subject to the determination, the total | 18 |
| amount of contributions that were untimely reported, and the | 19 |
| amount of penalties assessed in each instance.
| 20 |
| (Source: P.A. 94-645, eff. 8-22-05; 95-6, eff. 6-20-07; 95-957, | 21 |
| eff. 1-1-09.)
| 22 |
| (10 ILCS 5/9-18) (from Ch. 46, par. 9-18)
| 23 |
| Sec. 9-18.
The Board shall may hold investigations, | 24 |
| inquiries, and hearings concerning
any matter covered by this | 25 |
| Article in which the Board has reason to believe this Article |
|
|
|
09600SB0350sam001 |
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LRB096 06364 JAM 27324 a |
|
| 1 |
| has been knowingly violated , subject to such rules and | 2 |
| regulations
as the Board may establish. In the process of | 3 |
| holding such investigations,
inquiries, and hearings, the | 4 |
| Board may administer oaths and affirmations,
certify to all | 5 |
| official acts, issue subpoenas to be authorized by a vote
of 5 | 6 |
| members of the Board , compel the attendance and testimony of | 7 |
| witnesses,
and the production of papers, books, accounts, and | 8 |
| documents. Hearings conducted
by the Board shall be open to the | 9 |
| public.
| 10 |
| (Source: P.A. 81-1117.)
| 11 |
| (10 ILCS 5/9-21) (from Ch. 46, par. 9-21)
| 12 |
| Sec. 9-21.
Upon receipt of a such complaint as provided in | 13 |
| Section 9-20 , the Board shall hold a public closed
preliminary | 14 |
| hearing to determine whether or not the complaint appears to
| 15 |
| have been filed on justifiable grounds. Such closed preliminary | 16 |
| hearing
shall be conducted as soon as practicable after | 17 |
| affording reasonable
notice, a copy of the complaint, and an | 18 |
| opportunity to testify at such
hearing to both the person | 19 |
| making the complaint and the person against whom
the complaint | 20 |
| is directed. If the Board fails to determine
that the complaint | 21 |
| has been filed on justifiable grounds, it shall dismiss the
| 22 |
| complaint without further hearing.
| 23 |
| Whenever in the judgment of the Board in an open meeting | 24 |
| determines , after affording due notice and an
opportunity for a | 25 |
| public hearing, any person has engaged or is about to
engage in |
|
|
|
09600SB0350sam001 |
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LRB096 06364 JAM 27324 a |
|
| 1 |
| an act or practice which constitutes or will constitute a
| 2 |
| violation of any provision of this Article or any regulation or | 3 |
| order
issued thereunder, the Board shall issue an order | 4 |
| directing such person to
take such action as the Board | 5 |
| determines may be necessary in the public
interest to correct | 6 |
| the violation.
In addition, if the act or practice
engaged in | 7 |
| consists of the failure to file any required report within the
| 8 |
| time prescribed by this Article, the Board, as part of its | 9 |
| order, shall
further provide that if, within the 12-month | 10 |
| period following the issuance
of the order, such person fails | 11 |
| to file within the time prescribed by this
Article any | 12 |
| subsequent report as may be required, such person may be | 13 |
| subject
to a civil penalty pursuant to Section 9-23. The Board | 14 |
| shall render its final
judgment within 60 days of the date the | 15 |
| complaint is filed; except that
during the 60 days preceding | 16 |
| the date of the election in reference to which
the complaint is | 17 |
| filed, the Board shall render its final judgment within 7
days | 18 |
| of the date the complaint is filed, and during the 7 days | 19 |
| preceding
such election, the Board shall render such judgment | 20 |
| before the date of such
election, if possible.
| 21 |
| At any time prior to the issuance of the Board's final | 22 |
| judgment, the
parties may dispose of the complaint by a written | 23 |
| stipulation, agreed
settlement
or consent order. Any such | 24 |
| stipulation, settlement or order shall, however,
be submitted | 25 |
| in writing to the Board and shall become effective only if
| 26 |
| approved by the Board in an open meeting . If the act or |
|
|
|
09600SB0350sam001 |
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LRB096 06364 JAM 27324 a |
|
| 1 |
| practice complained of consists of
the failure to file any | 2 |
| required report within the time prescribed by this
Article, | 3 |
| such stipulation, settlement or order may provide that if, | 4 |
| within
the 12-month period following the approval of such | 5 |
| stipulation,
agreement or order, the person complained of fails | 6 |
| to file within the time
prescribed by this Article any | 7 |
| subsequent reports as shall may be required, such
person may be | 8 |
| subject to a civil penalty pursuant to Section 9-23.
| 9 |
| Any person filing a complaint pursuant to Section 9-20 may, | 10 |
| upon written
notice to the other parties and to the Board, | 11 |
| voluntarily withdraw the
complaint
at any time prior to the | 12 |
| issuance of the Board's final determination.
| 13 |
| (Source: P.A. 93-574, eff. 8-21-03.)
| 14 |
| (10 ILCS 5/9-23) (from Ch. 46, par. 9-23)
| 15 |
| Sec. 9-23. Whenever the Board, pursuant to Section 9-21,
| 16 |
| has issued an order, or has approved a written stipulation, | 17 |
| agreed settlement
or consent order, directing a person | 18 |
| determined by the Board to be in
violation of any provision of | 19 |
| this Article or any regulation
adopted thereunder, to cease or | 20 |
| correct such violation or otherwise comply
with this Article | 21 |
| and such person fails or refuses to comply
with such order, | 22 |
| stipulation, settlement or consent order within the
time | 23 |
| specified by the Board, the Board in an open meeting , after | 24 |
| affording notice and an
opportunity for a public hearing, may | 25 |
| impose a civil penalty on such person
in an amount not to |
|
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| 1 |
| exceed $5,000; except that for State officers and
candidates | 2 |
| and political
committees formed for statewide office, the civil
| 3 |
| penalty may not exceed $10,000. For the purpose of this | 4 |
| Section, "statewide
office" and "State officer"
means the | 5 |
| Governor, Lieutenant Governor, Attorney General, Secretary
of | 6 |
| State,
Comptroller, and Treasurer.
| 7 |
| Civil penalties imposed on any such person by the Board | 8 |
| shall be enforceable
in the Circuit Court. The Board shall | 9 |
| petition the Court for an order to
enforce collection of the | 10 |
| penalty and, if the Court finds it has jurisdiction
over the | 11 |
| person against whom the penalty was imposed, the Court shall | 12 |
| issue
the appropriate order. Any civil penalties collected by | 13 |
| the Court shall
be forwarded to the State Treasurer.
| 14 |
| In addition to or in lieu of the imposition of a civil | 15 |
| penalty, the board
may report such violation and the failure or | 16 |
| refusal to comply with the
order of the Board to the Attorney | 17 |
| General and the appropriate State's
Attorney.
| 18 |
| (Source: P.A. 93-615, eff. 11-19-03.)
| 19 |
| (10 ILCS 5/9-23.5 new)
| 20 |
| Sec. 9-23.5. Public database of complaints. The State Board | 21 |
| of Elections shall establish and maintain on its official | 22 |
| website a searchable database, freely accessible to the public, | 23 |
| of each complaint filed with the Board under this Article and | 24 |
| the disposition of that complaint, including all board actions | 25 |
| and penalties imposed, if any. The Board must update the |
|
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| database within 5 business days after a complaint is filed, an | 2 |
| action taken, or a penalty imposed to include that complaint, | 3 |
| action, or penalty in the database.
| 4 |
| (10 ILCS 5/9-28)
| 5 |
| Sec. 9-28. Electronic filing and availability. The Board | 6 |
| shall
by rule
provide for the electronic filing of expenditure | 7 |
| and contribution
reports as follows:
| 8 |
| Beginning July 1, 1999, or as soon thereafter as the Board | 9 |
| has provided
adequate software to the political committee, | 10 |
| electronic filing is required for
all
political
committees that | 11 |
| during the
reporting period (i) had at any time a balance or an | 12 |
| accumulation of
contributions
of $25,000 or more, (ii) made | 13 |
| aggregate expenditures of $25,000 or more, or
(iii) received | 14 |
| loans of an aggregate of $25,000 or more.
| 15 |
| Beginning July 1, 2003, electronic filing is required for | 16 |
| all political
committees that during the reporting period (i)
| 17 |
| had at any time a balance or
an accumulation of contributions | 18 |
| of $10,000 or more, (ii) made aggregate
expenditures of $10,000 | 19 |
| or more, or (iii) received loans of an aggregate of
$10,000
or | 20 |
| more.
| 21 |
| Notwithstanding any other provision of this Section, a | 22 |
| political committee filing a report under subsection (b-5) of | 23 |
| Section 9-10 must file that report electronically. | 24 |
| The Board may provide by rule for the optional
electronic | 25 |
| filing of
expenditure and contribution reports for all other |
|
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| political committees.
The Board shall promptly
make all reports | 2 |
| filed under this Article by
all political committees publicly
| 3 |
| available by means of a searchable database that is accessible | 4 |
| through
the World Wide Web.
| 5 |
| The Board shall provide all software necessary to comply | 6 |
| with this
Section to candidates, public officials, political | 7 |
| committees, and election
authorities.
| 8 |
| The Board shall implement a plan to provide computer access | 9 |
| and assistance
to candidates, public officials, political | 10 |
| committees, and election authorities
with respect to | 11 |
| electronic filings required under this Article.
| 12 |
| For the purposes of this Section, "political committees" | 13 |
| includes entities
required to report to the Board under Section | 14 |
| 9-7.5.
| 15 |
| (Source: P.A. 90-495, eff. 8-18-97; 90-737, eff. 1-1-99.)
| 16 |
| Section 20. The Illinois Procurement Code is amended by | 17 |
| changing Section 50-37 as follows: | 18 |
| (30 ILCS 500/50-37) | 19 |
| Sec. 50-37. Prohibition of political contributions. | 20 |
| (a) As used in this Section: | 21 |
| The terms "contract", "State contract", and "contract | 22 |
| with a State agency" each mean any contract, as defined in | 23 |
| this Code, between a business entity and a State agency let | 24 |
| or awarded pursuant to this Code . The terms "contract", |
|
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| "State contract", and "contract with a State agency" do not | 2 |
| include cost reimbursement contracts; purchase of care | 3 |
| agreements as defined in Section 1-15.68 of this Code; | 4 |
| contracts for projects eligible for full or partial | 5 |
| federal-aid funding reimbursements authorized by the | 6 |
| Federal Highway Administration; grants, including but are | 7 |
| not limited to grants for job training or transportation; | 8 |
| and grants, loans, or tax credit agreements for economic | 9 |
| development purposes. | 10 |
| "Contribution" means a contribution as defined in | 11 |
| Section 9-1.4 of the Election Code. | 12 |
| "Declared candidate" means a person who has filed a | 13 |
| statement of candidacy and petition for nomination or | 14 |
| election in the principal office of the State Board of | 15 |
| Elections. | 16 |
| "State agency" means and includes all boards, | 17 |
| commissions, agencies, institutions, authorities, and | 18 |
| bodies politic and corporate of the State, created by or in | 19 |
| accordance with the Illinois Constitution or State | 20 |
| statute, of the executive or legislative branch of State | 21 |
| government and does include colleges, universities,
public | 22 |
| employee retirement systems, and institutions under the | 23 |
| jurisdiction of the governing boards of the University of | 24 |
| Illinois, Southern Illinois University, Illinois State | 25 |
| University, Eastern Illinois University, Northern Illinois | 26 |
| University, Western Illinois University, Chicago State |
|
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| University, Governors State University, Northeastern | 2 |
| Illinois University, and the Illinois Board of Higher | 3 |
| Education. | 4 |
| "Officeholder" means the Governor, Lieutenant | 5 |
| Governor, Attorney General, Secretary of State, | 6 |
| Comptroller, or Treasurer or a member of the General | 7 |
| Assembly . The Governor shall be considered the | 8 |
| officeholder responsible for awarding all contracts by all | 9 |
| officers and employees of, and vendors and others doing | 10 |
| business with, executive branch State agencies under the | 11 |
| jurisdiction of the Executive Ethics Commission and not | 12 |
| within the jurisdiction of the Attorney General, the | 13 |
| Secretary of State, the Comptroller, or the Treasurer. | 14 |
| "Sponsoring entity" means a sponsoring entity as | 15 |
| defined in Section 9-3 of the Election Code. | 16 |
| "Affiliated person" means (i) any person with any | 17 |
| ownership
interest or distributive share of the bidding or | 18 |
| contracting business entity in excess of 7.5%, (ii) | 19 |
| executive employees of the bidding or contracting business | 20 |
| entity, and (iii) the spouse and minor children of any such | 21 |
| persons. | 22 |
| "Affiliated entity" means (i) any subsidiary of the | 23 |
| bidding or contracting business entity, (ii) any member of | 24 |
| the same unitary business group, (iii) any organization | 25 |
| recognized by the United States Internal Revenue Service as | 26 |
| a tax-exempt organization described in Section 501(c) of |
|
|
|
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| the Internal Revenue Code of 1986 (or any successor | 2 |
| provision of federal tax law) established by the bidding or | 3 |
| contracting business entity, any affiliated entity of that | 4 |
| business entity, or any affiliated person of that business | 5 |
| entity, or (iv) any political committee for which the | 6 |
| bidding or contracting business entity, or any 501(c) | 7 |
| organization described in item (iii) related to that | 8 |
| business entity, is the sponsoring entity. | 9 |
| "Business entity" means any entity doing business for | 10 |
| profit, whether organized as a corporation, partnership, | 11 |
| sole proprietorship, limited liability company or | 12 |
| partnership, or otherwise. | 13 |
| "Executive employee" means the President, Chairman, | 14 |
| Chief Executive Officer, or other employee with executive | 15 |
| decision-making authority over the long-term and | 16 |
| day-to-day affairs of the entity employing the employee, or | 17 |
| an employee whose compensation is determined directly, in | 18 |
| whole or in part, by the award or payment of contracts by a | 19 |
| State agency to the entity employing the employee. | 20 |
| (b) Any business entity whose contracts with State | 21 |
| agencies, in the aggregate, annually total more than $50,000, | 22 |
| and any affiliated entities or affiliated persons of such | 23 |
| business entity, are prohibited from making any contributions | 24 |
| to any political committees established to promote the | 25 |
| candidacy of (i) the officeholder responsible for awarding the | 26 |
| contracts , or (ii) any other declared candidate for that |
|
|
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| office , (iii) any State or statewide officer or candidate for | 2 |
| that office, and (iv) any legislative member of the General | 3 |
| Assembly . This prohibition shall be effective for the duration | 4 |
| of the term of office of the incumbent officeholder awarding | 5 |
| the contracts or for a period of 2 years following the | 6 |
| expiration or termination of the contracts, whichever is | 7 |
| longer. | 8 |
| (c) Any business entity whose aggregate pending bids and | 9 |
| proposals on State contracts total more than $50,000, or whose | 10 |
| aggregate pending bids and proposals on State contracts | 11 |
| combined with the business entity's aggregate annual total | 12 |
| value of State contracts exceed $50,000, and any affiliated | 13 |
| entities or affiliated persons of such business entity, are | 14 |
| prohibited from making any contributions to any political | 15 |
| committee
established to promote the candidacy of the | 16 |
| officeholder responsible for awarding the contract on which the | 17 |
| business entity has submitted a bid or proposal , any | 18 |
| constitutional officer, or any legislative member of the | 19 |
| General Assembly, during the period beginning on the date the | 20 |
| invitation for bids or request for proposals is issued and | 21 |
| ending on the day after the date the contract is awarded. | 22 |
| (d) All contracts between State agencies and a business | 23 |
| entity that violate subsection (b) or (c) shall be voidable | 24 |
| under Section 50-60. If a business entity violates subsection | 25 |
| (b) 3 or more times within a 36-month period, then all | 26 |
| contracts between State agencies and that business entity shall |
|
|
|
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| 1 |
| be void, and that business entity shall not bid or respond to | 2 |
| any invitation to bid or request for proposals from any State | 3 |
| agency or otherwise enter into any contract with any State | 4 |
| agency for 3 years from the date of the last violation. A | 5 |
| notice of each violation and the penalty imposed shall be | 6 |
| published in both the Procurement Bulletin and the Illinois | 7 |
| Register. | 8 |
| (e) Any political committee that has received a | 9 |
| contribution in violation of subsection (b) or (c) shall pay an | 10 |
| amount equal to the value of the contribution to the State no | 11 |
| more than 30 days after notice of the violation concerning the | 12 |
| contribution appears in the Illinois Register. Payments | 13 |
| received by the State
pursuant to this subsection shall be | 14 |
| deposited into the general revenue
fund.
| 15 |
| (Source: P.A. 95-971, eff. 1-1-09; 95-1038, eff. 3-11-09.) | 16 |
| Section 97. Severability. The provisions of this Act are | 17 |
| severable under Section 1.31 of the Statute on Statutes. | 18 |
| Section 99. Effective date. This Act takes effect upon | 19 |
| becoming law.".
|
|