Illinois General Assembly - Full Text of SB0248
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Full Text of SB0248  99th General Assembly


Sen. Julie A. Morrison

Filed: 4/17/2015





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2    AMENDMENT NO. ______. Amend Senate Bill 248 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Election Code is amended by changing
5Section 9-10 as follows:
6    (10 ILCS 5/9-10)  (from Ch. 46, par. 9-10)
7    Sec. 9-10. Disclosure of contributions and expenditures.
8    (a) The treasurer of every political committee shall file
9with the Board reports of campaign contributions and
10expenditures as required by this Section on forms to be
11prescribed or approved by the Board.
12    (b) Every political committee shall file quarterly reports
13of campaign contributions, expenditures, and independent
14expenditures. The reports shall cover the period January 1
15through March 31, April 1 through June 30, July 1 through
16September 30, and October 1 through December 31 of each year. A



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1political committee shall file quarterly reports no later than
2the 15th day of the month following each period. Reports of
3contributions and expenditures must be filed to cover the
4prescribed time periods even though no contributions or
5expenditures may have been received or made during the period.
6The Board shall assess a civil penalty not to exceed $5,000 for
7failure to file a report required by this subsection. The fine,
8however, shall not exceed $1,000 for a first violation if the
9committee files less than 10 days after the deadline. There
10shall be no fine if the report is mailed and postmarked at
11least 72 hours prior to the filing deadline. When considering
12the amount of the fine to be imposed, the Board shall consider
13whether the violation was committed inadvertently,
14negligently, knowingly, or intentionally and any past
15violations of this Section.
16    (c) A political committee shall file a report of any
17contribution of $1,000 or more electronically with the Board
18within 5 business days after receipt of the contribution,
19except that the report shall be filed within 2 business days
20after receipt if (i) the contribution is received 30 or fewer
21days before the date of an election and (ii) the political
22committee supports or opposes a candidate or public question on
23the ballot at that election or makes expenditures in excess of
24$500 on behalf of or in opposition to a candidate, candidates,
25a public question, or public questions on the ballot at that
26election. The State Board shall allow filings of reports of



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1contributions of $1,000 or more by political committees that
2are not required to file electronically to be made by facsimile
3transmission. The Board shall assess a civil penalty for
4failure to file a report required by this subsection. Failure
5to report each contribution is a separate violation of this
6subsection. The Board shall impose fines for willful or wanton
7violations of this subsection (c) not to exceed 150% of the
8total amount of the contributions that were untimely reported,
9but in no case shall it be less than 10% of the total amount of
10the contributions that were untimely reported. When
11considering the amount of the fine to be imposed for willful or
12wanton violations, the Board shall consider the number of days
13the contribution was reported late and past violations of this
14Section and Section 9-3. The Board may impose a fine for
15negligent or inadvertent violations of this subsection not to
16exceed 50% of the total amount of the contributions that were
17untimely reported, or the Board may waive the fine. When
18considering whether to impose a fine and the amount of the
19fine, the Board shall consider the following factors: (1)
20whether the political committee made an attempt to disclose the
21contribution and any attempts made to correct the violation,
22(2) whether the violation is attributed to a clerical or
23computer error, (3) the amount of the contribution, (4) whether
24the violation arose from a discrepancy between the date the
25contribution was reported transferred by a political committee
26and the date the contribution was received by a political



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1committee, (5) the number of days the contribution was reported
2late, and (6) past violations of this Section and Section 9-3
3by the political committee.
4    (d) For the purpose of this Section, a contribution is
5considered received on the date (i) a monetary contribution was
6deposited in a bank, financial institution, or other repository
7of funds for the committee, (ii) the date a committee receives
8notice a monetary contribution was deposited by an entity used
9to process financial transactions by credit card or other
10entity used for processing a monetary contribution that was
11deposited in a bank, financial institution, or other repository
12of funds for the committee, or (iii) the public official,
13candidate, or political committee receives the notification of
14contribution of goods or services as required under subsection
15(b) of Section 9-6.
16    (e) A political committee that makes independent
17expenditures of $1,000 or more shall file a report
18electronically with the Board within 5 business days after
19making the independent expenditure, except that the report
20shall be filed within 2 business days after making the
21independent expenditure during the 60-day period before an
22election during the period 30 days or fewer before an election
23shall electronically file a report with the Board within 5
24business days after making the independent expenditure. The
25report shall contain the information required in Section
269-11(c) of this Article.



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1    (e-5) An independent expenditure committee that makes an
2independent expenditure supporting or opposing a public
3official or candidate that, alone or in combination with any
4other independent expenditure made by that independent
5expenditure committee supporting or opposing that public
6official or candidate during the election cycle, equals an
7aggregate value of more than (i) $250,000 for statewide office
8or (ii) $100,000 for all other elective offices must file a
9written disclosure with the State Board of Elections within 2
10business days after making any expenditure that results in the
11independent expenditure committee exceeding the applicable
12threshold. The Board shall assess a civil penalty against an
13independent expenditure committee for failure to file the
14disclosure required by this subsection not to exceed (i) $500
15for an initial failure to file the required disclosure and (ii)
16$1,000 for each subsequent failure to file the required
18    (f) A copy of each report or statement filed under this
19Article shall be preserved by the person filing it for a period
20of two years from the date of filing.
21(Source: P.A. 96-832, eff. 1-1-11; 97-766, eff. 7-6-12.)".