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91_SB1514ham001
LRB9113463JMmbam04
1 AMENDMENT TO SENATE BILL 1514
2 AMENDMENT NO. . Amend Senate Bill 1514 by replacing
3 the title with the following:
4 "AN ACT in relation to political funds."; and
5 by replacing everything after the enacting clause with the
6 following:
7 "Section 5. The Election Code is amended by changing
8 Sections 9-3, 9-4, 9-10, and 9-23 and adding Section 9-30 as
9 follows:
10 (10 ILCS 5/9-3) (from Ch. 46, par. 9-3)
11 Sec. 9-3. Every state political committee and every
12 local political committee shall file with the State Board of
13 Elections, and every local political committee shall file
14 with the county clerk, a statement of organization within 10
15 business days of the creation of such committee, except any
16 political committee created within the 30 days before an
17 election shall file a statement of organization within 5
18 business days. A political committee that acts as both a
19 state political committee and a local political committee
20 shall file a copy of each statement of organization with the
21 State Board of Elections and the county clerk. The Board
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1 shall impose a civil penalty of $25 per business day upon
2 political committees for failing to file or late filing of a
3 statement of organization, except that for committees formed
4 to support candidates for statewide office, the civil penalty
5 shall be $50 per business day. Such penalties shall not
6 exceed $5,000, and shall not exceed $10,000 for statewide
7 office political committees. There shall be no fine if the
8 statement is mailed and postmarked at least 72 hours prior to
9 the filing deadline. For the purpose of this Section,
10 "statewide office" means the Governor, Lieutenant Governor,
11 Secretary of State, Attorney General, State Treasurer, and
12 State Comptroller.
13 The statement of organization shall include -
14 (a) the name and address of the political committee (the
15 name of the political committee must include the name of any
16 sponsoring entity);
17 (b) the scope, area of activity, party affiliation,
18 candidate affiliation and his county of residence, and
19 purposes of the political committee;
20 (c) the name, address, and position of each custodian of
21 the committee's books and accounts;
22 (d) the name, address, and position of the committee's
23 principal officers, including the chairman, treasurer, and
24 officers and members of its finance committee, if any;
25 (e) (Blank);
26 (f) a statement of what specific disposition of residual
27 fund will be made in the event of the dissolution or
28 termination of the committee;
29 (g) a listing of all banks or other financial
30 institutions, safety deposit boxes, and any other
31 repositories or custodians of funds used by the committee;
32 (h) the amount of funds available for campaign
33 expenditures as of the filing date of the committee's
34 statement of organization.
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1 For purposes of this Section, a "sponsoring entity" is
2 (i) any person, political committee, organization,
3 corporation, or association that contributes at least 33% of
4 the total funding of the political committee or (ii) any
5 person or other entity that is registered or is required to
6 register under the Lobbyist Registration Act and contributes
7 at least 33% of the total funding of the political committee.
8 (Source: P.A. 90-495, eff. 1-1-98; 90-737, eff. 1-1-99.)
9 (10 ILCS 5/9-4) (from Ch. 46, par. 9-4)
10 Sec. 9-4. The statement of organization required by this
11 Article to be filed in accordance with Section 9-3 shall be
12 verified, dated, and signed by either the treasurer of the
13 political committee making the statement or the candidate on
14 whose behalf the statement is made, and shall contain
15 substantially the following:
16 STATEMENT OF ORGANIZATION
17 (a) name and address of the political committee:
18 .............................................................
19 (b) scope, area of activity, party affiliation,
20 candidate affiliation and his county of residence, and
21 purposes of the political committee:
22 .............................................................
23 .............................................................
24 .............................................................
25 .............................................................
26 (c) name, address, and position of each custodian of the
27 committee's books and accounts:
28 .............................................................
29 .............................................................
30 (d) name, address, and position of the committee's
31 principal officers, including the chairman, treasurer, and
32 officers and members of its finance committee, if any:
33 .............................................................
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1 .............................................................
2 .............................................................
3 (e) a statement of what specific disposition of
4 residual funds will be made in the event of the dissolution
5 or termination of the committee:
6 .............................................................
7 .............................................................
8 (f) a listing of all banks or other financial
9 institutions, safety deposit boxes, and any other
10 repositories or custodians of funds used by the committee:
11 .............................................................
12 .............................................................
13 (g) the amount of funds available for campaign
14 expenditures as of the filing date of the committee's
15 statement of organization:
16 .............................................................
17 VERIFICATION:
18 "I declare that this statement of organization (including
19 any accompanying schedules and statements) has been examined
20 by me and to the best of my knowledge and belief is a true,
21 correct and complete statement of organization as required by
22 Article 9 of The Election Code. I understand that the penalty
23 for willfully filing a false or incomplete statement is a
24 business offense subject to a fine of up to $5,000 shall be a
25 fine not to exceed $500 or imprisonment in a penal
26 institution other than the penitentiary not to exceed 6
27 months, or both fine and imprisonment."
28 ................ ..........................................
29 (date of filing) (signature of person making the statement)
30 (Source: P.A. 90-495, eff. 1-1-98.)
31 (10 ILCS 5/9-10) (from Ch. 46, par. 9-10)
32 Sec. 9-10. Financial reports.
33 (a) The treasurer of every state political committee and
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1 the treasurer of every local political committee shall file
2 with the Board, and the treasurer of every local political
3 committee shall file with the county clerk, reports of
4 campaign contributions, and semi-annual reports of campaign
5 contributions and expenditures on forms to be prescribed or
6 approved by the Board. The treasurer of every political
7 committee that acts as both a state political committee and a
8 local political committee shall file a copy of each report
9 with the State Board of Elections and the county clerk.
10 Entities subject to Section 9-7.5 shall file reports required
11 by that Section at times provided in this Section and are
12 subject to the penalties provided in this Section.
13 (b) Reports of campaign contributions shall be filed no
14 later than the 15th day next preceding each election
15 including a primary election in connection with which the
16 political committee has accepted or is accepting
17 contributions or has made or is making expenditures. Such
18 reports shall be complete as of the 30th day next preceding
19 each election including a primary election. The Board shall
20 assess a civil penalty not to exceed $5,000 for a violation
21 of this subsection, except that for State officers and
22 candidates and political committees formed for statewide
23 office, the civil penalty may not exceed $10,000. The fine,
24 however, shall not exceed $500 for a first filing violation
25 for filing less than 10 days after the deadline. There shall
26 be no fine if the report is mailed and postmarked at least 72
27 hours prior to the filing deadline. For the purpose of this
28 subsection, "statewide office" and "State officer" means the
29 Governor, Lieutenant Governor, Attorney General, Secretary of
30 State, Comptroller, and Treasurer. However, a continuing
31 political committee that neither accepts contributions nor
32 makes expenditures on behalf of or in opposition to any
33 candidate or public question on the ballot at an election
34 shall not be required to file the reports heretofore
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1 prescribed but may file in lieu thereof a Statement of
2 Nonparticipation in the Election with the Board or the Board
3 and the county clerk.
4 (b-5) Notwithstanding the provisions of subsection (b)
5 and Section 1.25 of the Statute on Statutes, any contribution
6 of $500 or more received in the interim between the last date
7 of the period covered by the last report filed under
8 subsection (b) prior to the election and the date of the
9 election shall be filed with and must actually be received by
10 the State Board of Elections reported within 2 business days
11 after its receipt of such contribution. The State Board shall
12 allow filings of reports of contributions of $500 or more
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 may shall impose fines for
24 violations of this subsection not to exceed 50% of the total
25 amount of the contributions that were untimely reported but
26 in no case when a fine is imposed, shall it be less than 10%
27 of the total amount of the contributions that were untimely
28 reported. When considering the amount of the fine to be
29 imposed, the Board shall consider, but is not limited to, the
30 following factors:
31 (1) whether in the Board's opinion the violation
32 was wilful;
33 (2) the number of days the contribution was
34 reported late; and
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1 (3) past violations of Sections 9-3 and 9-10 of
2 this Article by the committee. as follows:
3 (1) if the political committee's or other reporting
4 entity's total receipts, total expenditures, and balance
5 remaining at the end of the last reporting period were
6 each $5,000 or less, then $100 per business day for the
7 first violation, $200 per business day for the second
8 violation, and $300 per business day for the third and
9 subsequent violations.
10 (2) if the political committee's or other reporting
11 entity's total receipts, total expenditures, and balance
12 remaining at the end of the last reporting period were
13 each more than $5,000, then $200 per business day for the
14 first violation, $400 per business day for the second
15 violation, and $600 per business day for the third and
16 subsequent violations.
17 (c) In addition to such reports the treasurer of every
18 political committee shall file semi-annual reports of
19 campaign contributions and expenditures no later than July
20 31st, covering the period from January 1st through June 30th
21 immediately preceding, and no later than January 31st,
22 covering the period from July 1st through December 31st of
23 the preceding calendar year. Reports of contributions and
24 expenditures must be filed to cover the prescribed time
25 periods even though no contributions or expenditures may have
26 been received or made during the period. The Board shall
27 assess a civil penalty not to exceed $5,000 for a violation
28 of this subsection, except that for State officers and
29 candidates and political committees formed for statewide
30 office, the civil penalty may not exceed $10,000. The fine,
31 however, shall not exceed $500 for a first filing violation
32 for filing less than 10 days after the deadline. There shall
33 be no fine if the report is mailed and postmarked at least 72
34 hours prior to the filing deadline. For the purpose of this
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1 subsection, "statewide office" and "State officer" means the
2 Governor, Lieutenant Governor, Attorney General, Secretary of
3 State, Comptroller, and Treasurer.
4 (d) A copy of each report or statement filed under this
5 Article shall be preserved by the person filing it for a
6 period of two years from the date of filing.
7 (Source: P.A. 90-737, eff. 1-1-99.)
8 (10 ILCS 5/9-23) (from Ch. 46, par. 9-23)
9 Sec. 9-23. Whenever the Board, pursuant to Section 9-21,
10 has issued an order, or has approved a written stipulation,
11 agreed settlement or consent order, directing a person
12 determined by the Board to be in violation of any provision
13 of this Article or any regulation adopted thereunder, to
14 cease or correct such violation or otherwise comply with this
15 Article and such person fails or refuses to comply with such
16 order, stipulation, settlement or consent order within the
17 time specified by the Board, the Board, after affording
18 notice and an opportunity for a public hearing, may impose a
19 civil penalty on such person in an amount not to exceed
20 $5,000; except that for State officers and candidates and
21 political committees formed for statewide office, the civil
22 penalty may not exceed $10,000. For the purpose of this
23 Section, "statewide office" and "State officer" means the
24 Governor, Lieutenant Governor, Attorney General, Secretary of
25 State, Comptroller, and Treasurer.
26 Civil penalties imposed on any such person by the Board
27 shall be enforceable in the Circuit Court. The Board shall
28 petition the Court for an order to enforce collection of the
29 penalty and, if the Court finds it has jurisdiction over the
30 person against whom the penalty was imposed, the Court shall
31 issue the appropriate order. Any civil penalties collected
32 by the Court shall be forwarded to the State Treasurer.
33 In addition to or in lieu of the imposition of a civil
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1 penalty, the board may report such violation and the failure
2 or refusal to comply with the order of the Board to the
3 Attorney General and the appropriate State's Attorney.
4 The name of a person who has not paid a civil penalty
5 imposed against him or her under this Section shall not
6 appear upon any ballot for any office in any election while
7 the penalty is unpaid.
8 (Source: P.A. 90-737, eff. 1-1-99.)
9 (10 ILCS 5/9-30 new)
10 Sec. 9-30. Ballot forfeiture. The name of a person who
11 has not paid a civil penalty imposed against him or her under
12 this Article shall not appear upon any ballot for any office
13 in any election while the penalty is unpaid.
14 Section 10. The Raffles Act is amended by changing
15 Section 8.1 as follows:
16 (230 ILCS 15/8.1) (from Ch. 85, par. 2308.1)
17 Sec. 8.1. (a) Political Committees. For the purposes of
18 this Section the terms defined in this subsection have the
19 meanings given them.
20 "Net Proceeds" means the gross receipts from the conduct
21 of raffles, less reasonable sums expended for prizes, license
22 fees and other reasonable operating expenses incurred as a
23 result of operating a raffle.
24 "Raffle" means a form of lottery, as defined in Section
25 28-2 (b) of the "Criminal Code of 1961", conducted by a
26 political committee licensed under this Section, in which:
27 (1) the player pays or agrees to pay something of
28 value for a chance, represented and differentiated by a
29 number or by a combination of numbers or by some other
30 medium, one or more of which chances is to be designated
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1 the winning chance;
2 (2) the winning chance is to be determined through
3 a drawing or by some other method based on an element of
4 chance by an act or set of acts on the part of persons
5 conducting or connected with the lottery, except that the
6 winning chance shall not be determined by the outcome of
7 a publicly exhibited sporting contest.
8 "Unresolved claim" means a claim for civil penalty under
9 Sections Section 9-3, 9-10, and 9-23 of The Election Code
10 which has been begun by the State Board of Elections, has
11 been disputed by the political committee under the applicable
12 rules of the State Board of Elections, and has not been
13 finally decided either by the State Board of Elections, or,
14 where application for review has been made to the Courts of
15 Illinois, remains finally undecided by the Courts.
16 "Owes" means that a political committee has been finally
17 determined under applicable rules of the State Board of
18 Elections to be liable for a civil penalty under Sections
19 Section 9-3, 9-10, and 9-23 of The Election Code.
20 (b) (1) Licenses issued pursuant to this Section shall
21 be valid for one raffle or for a specified number of raffles
22 to be conducted during a specified period not to exceed one
23 year and may be suspended or revoked for any violation of
24 this Section. The State Board of Elections shall act on a
25 license application within 30 days from the date of
26 application.
27 (2) Licenses shall be issued only to political
28 committees which have been in existence continuously for
29 a period of 1 year immediately before making application
30 for a license and which have had during that entire 1
31 year period a bona fide membership engaged in carrying
32 out their objects.
33 (c) Licenses issued by the State Board of Elections are
34 subject to the following restrictions:
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1 (1) No political committee shall conduct raffles or
2 chances without having first obtained a license therefor
3 pursuant to this Section.
4 (2) The application for license shall be prepared
5 in accordance with regulations of the State Board of
6 Elections and must specify the area or areas within the
7 State in which raffle chances will be sold or issued, the
8 time period during which raffle chances will be sold or
9 issued, the time of determination of winning chances and
10 the location or locations at which winning chances will
11 be determined.
12 (3) A license authorizes the licensee to conduct
13 raffles as defined in this Section.
14 The following are ineligible for any license under this
15 Section:
16 (i) any political committee which has an
17 officer who has been convicted of a felony;
18 (ii) any political committee which has an
19 officer who is or has been a professional gambler or
20 gambling promoter;
21 (iii) any political committee which has an
22 officer who is not of good moral character;
23 (iv) any political committee which has an
24 officer who is also an officer of a firm or
25 corporation in which a person defined in (i), (ii)
26 or (iii) has a proprietary, equitable or credit
27 interest, or in which such a person is active or
28 employed;
29 (v) any political committee in which a person
30 defined in (i), (ii) or (iii) is an officer,
31 director, or employee, whether compensated or not;
32 (vi) any political committee in which a person
33 defined in (i), (ii) or (iii) is to participate in
34 the management or operation of a raffle as defined
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1 in this Section;
2 (vii) any committee which, at the time of its
3 application for a license to conduct a raffle, owes
4 the State Board of Elections any unpaid civil
5 penalty authorized by Sections Section 9-3, 9-10,
6 and 9-23 of The Election Code, or is the subject of
7 an unresolved claim for a civil penalty under
8 Sections Section 9-3, 9-10, and 9-23 of The Election
9 Code;
10 (viii) any political committee which, at the
11 time of its application to conduct a raffle, has not
12 submitted any report or document required to be
13 filed by Article 9 of The Election Code and such
14 report or document is more than 10 days overdue.
15 (d) (1) The conducting of raffles is subject to the
16 following restrictions:
17 (i) The entire net proceeds of any raffle must
18 be exclusively devoted to the lawful purposes of the
19 political committee permitted to conduct that game.
20 (ii) No person except a bona fide member of
21 the political committee may participate in the
22 management or operation of the raffle.
23 (iii) No person may receive any remuneration
24 or profit for participating in the management or
25 operation of the raffle.
26 (iv) Raffle chances may be sold or issued only
27 within the area specified on the license and winning
28 chances may be determined only at those locations
29 specified on the license.
30 (v) A person under the age of 18 years may
31 participate in the conducting of raffles or chances
32 only with the permission of a parent or guardian. A
33 person under the age of 18 years may be within the
34 area where winning chances are being determined only
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1 when accompanied by his parent or guardian.
2 (2) If a lessor rents premises where a winning
3 chance or chances on a raffle are determined, the lessor
4 shall not be criminally liable if the person who uses the
5 premises for the determining of winning chances does not
6 hold a license issued under the provisions of this
7 Section.
8 (e) (1) Each political committee licensed to conduct
9 raffles and chances shall keep records of its gross
10 receipts, expenses and net proceeds for each single
11 gathering or occasion at which winning chances are
12 determined. All deductions from gross receipts for each
13 single gathering or occasion shall be documented with
14 receipts or other records indicating the amount, a
15 description of the purchased item or service or other
16 reason for the deduction, and the recipient. The
17 distribution of net proceeds shall be itemized as to
18 payee, purpose, amount and date of payment.
19 (2) Each political committee licensed to conduct
20 raffles shall report on the next report due to be filed
21 under Article 9 of The Election Code its gross receipts,
22 expenses and net proceeds from raffles, and the
23 distribution of net proceeds itemized as required in this
24 subsection.
25 Such reports shall be included in the regular reports
26 required of political committees by Article 9 of The Election
27 Code.
28 (3) Records required by this subsection shall be
29 preserved for 3 years, and political committees shall
30 make available their records relating to operation of
31 raffles for public inspection at reasonable times and
32 places.
33 (f) Violation of any provision of this Section is a
34 Class C misdemeanor.
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1 (g) Nothing in this Section shall be construed to
2 authorize the conducting or operating of any gambling scheme,
3 enterprise, activity or device other than raffles as provided
4 for herein.
5 (Source: P.A. 86-394; 86-1028; 86-1301; 87-1271.)
6 Section 99. Effective date. This Act takes effect upon
7 becoming law.".