94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB4019

 

Introduced 2/28/2005, by Rep. Sidney H. Mathias

 

SYNOPSIS AS INTRODUCED:
 
10 ILCS 5/9-7.5
10 ILCS 5/9-11   from Ch. 46, par. 9-11
10 ILCS 5/9-12   from Ch. 46, par. 9-12
10 ILCS 5/9-13   from Ch. 46, par. 9-13
10 ILCS 5/9-14   from Ch. 46, par. 9-14

    Amends the Election Code. Requires that political committees report all campaign contributions, expenditures, and transfers (now, those in excess of $150). Requires that nonprofit organizations disclose the name and address of each donor to the nonprofit organization during the reporting period.


LRB094 10181 JAM 40448 b

 

 

A BILL FOR

 

HB4019 LRB094 10181 JAM 40448 b

1     AN ACT concerning elections.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Election Code is amended by changing
5 Sections 9-7.5, 9-11, 9-12, 9-13, and 9-14 as follows:
 
6     (10 ILCS 5/9-7.5)
7     Sec. 9-7.5. Nonprofit organization registration and
8 disclosure.
9     (a) Each nonprofit organization, except for a labor union
10 (i) registered under the Lobbyist Registration Act or for which
11 lobbying is undertaken by persons registered under that Act,
12 (ii) that has not established a political committee, and (iii)
13 that accepts contributions or makes expenditures during any
14 12-month period in an aggregate amount exceeding $5,000 (I) on
15 behalf of or in opposition to public officials, candidates for
16 public office, or a question of public policy and (II) for the
17 purpose of influencing legislative, executive, or
18 administrative action as defined in the Lobbyist Registration
19 Act shall register with the State Board of Elections. The Board
20 by rule shall prescribe the registration procedure and form.
21 The registration form shall require the following information:
22         (1) The registrant's name, address, and purpose.
23         (2) The name, address, and position of each custodian
24     of the registrant's financial books, accounts, and
25     records.
26         (3) The name, address, and position of each of the
27     registrant's principal officers.
28     (b) Each nonprofit organization required to register under
29 subsection (a) shall file contribution and expenditure reports
30 with the Board. The Board by rule shall prescribe the form,
31 which shall require the following information:
32         (1) The organization's name, address, and purpose.

 

 

HB4019 - 2 - LRB094 10181 JAM 40448 b

1         (2) The amount of funds on hand at the beginning of the
2     reporting period.
3         (3) The full name and address of each person who has
4     made one or more contributions to or for the organization
5     within the reporting period in an aggregate amount or value
6     in excess of $150, together with the amount and date of the
7     contributions, and if a contributor is an individual who
8     contributed more than $500, the occupation and employer of
9     the contributor or, if the occupation and employer of the
10     contributor are unknown, a statement that the organization
11     has made a good faith effort to ascertain this information.
12         (4) The total sum of individual contributions made to
13     or for the organization during the reporting period and not
14     reported in item (3).
15         (5) The name and address of each organization and
16     political committee from which the reporting organization
17     received, or to which that organization made, any transfer
18     of funds in an aggregate amount or value in excess of $150,
19     together with the amounts and dates of the transfers.
20         (6) The total sum of transfers made to or from the
21     organization during the reporting period and not reported
22     in item (5).
23         (7) Each loan to or from any person within the
24     reporting period by or to the organization in an aggregate
25     amount or value in excess of $150, together with the full
26     names and mailing addresses of the lender and endorsers, if
27     any, and the date and amount of the loans, and if a lender
28     or endorser is an individual who loaned or endorsed a loan
29     of more than $500, the occupation and employer of the
30     individual or, if the occupation and employer of the
31     individual are unknown, a statement that the organization
32     has made a good faith effort to ascertain this information.
33         (8) The total amount of proceeds received by the
34     organization from (i) the sale of tickets for each dinner,
35     luncheon, cocktail party, rally, and other fundraising
36     event, (ii) mass collections made at those events, and

 

 

HB4019 - 3 - LRB094 10181 JAM 40448 b

1     (iii) sales of items such as buttons, badges, flags,
2     emblems, hats, banners, literature, and similar materials.
3         (9) Each contribution, rebate, refund, or other
4     receipt in excess of $150 received by the organization not
5     otherwise listed under items (3) through (8), and if a
6     contributor is an individual who contributed more than
7     $500, the occupation and employer of the contributor or, if
8     the occupation and employer of the contributor are unknown,
9     a statement that the organization has made a good faith
10     effort to ascertain this information.
11         (10) The total sum of all receipts by or for the
12     organization during the reporting period.
13         (11) The full name and mailing address of each person
14     to whom expenditures have been made by the organization
15     within the reporting period in an aggregate amount or value
16     in excess of $150, the amount, date, and purpose of each
17     expenditure, and the question of public policy on behalf of
18     which the expenditure was made.
19         (12) The full name and mailing address of each person
20     to whom an expenditure for personal services, salaries, and
21     reimbursed expenses in excess of $150 has been made and
22     which is not otherwise reported, including the amount,
23     date, and purpose of the expenditure.
24         (13) The total sum of expenditures made by the
25     organization during the reporting period.
26         (14) The full name and mailing address of each person
27     to whom the organization owes debts or obligations in
28     excess of $150 and the amount of the debts or obligations.
29     The State Board by rule shall define a "good faith effort".
30         (15) The full name and mailing address of each person
31     who has made one or more donations of any amount or value
32     during the reporting period not reported under any other
33     item of this subsection.
34     (c) The reports required under subsection (b) shall be
35 filed at the same times and for the same reporting periods as
36 reports of campaign contributions and semi-annual reports of

 

 

HB4019 - 4 - LRB094 10181 JAM 40448 b

1 campaign contributions and expenditures required by this
2 Article of political committees. The reports required under
3 subsection (b) shall be available for public inspection and
4 copying in the same manner as reports filed by political
5 committees. The Board may charge a fee that covers the costs of
6 copying and distribution, if any.
7     (d) An organization required to file reports under
8 subsection (b) shall include a statement on all literature and
9 advertisements soliciting funds stating the following:
10     "A copy of our report filed with the State Board of
11 Elections is (or will be) available for purchase from the State
12 Board of Elections, Springfield, Illinois".
13 (Source: P.A. 90-737, eff. 1-1-99.)
 
14     (10 ILCS 5/9-11)  (from Ch. 46, par. 9-11)
15     Sec. 9-11. Each report of campaign contributions under
16 Section 9-10 shall disclose-
17     (1) the name and address of the political committee;
18     (2) (Blank);
19     (3) the amount of funds on hand at the beginning of the
20 reporting period;
21     (4) the full name and mailing address of each person who
22 has made one or more contributions to or for such committee
23 within the reporting period in an aggregate amount or value in
24 excess of $150, together with the amount and date of such
25 contributions, and if a contributor is an individual who
26 contributed more than $500, the occupation and employer of the
27 contributor or, if the occupation and employer of the
28 contributor are unknown, a statement that the committee has
29 made a good faith effort to ascertain this information;
30     (5) (Blank) the total sum of individual contributions made
31 to or for such committee during the reporting period and not
32 reported under item (4);
33     (6) the name and address of each political committee from
34 which the reporting committee received, or to which that
35 committee made, any transfer of funds, in any aggregate amount

 

 

HB4019 - 5 - LRB094 10181 JAM 40448 b

1 or value in excess of $150, together with the amounts and dates
2 of all transfers;
3     (7) (Blank) the total sum of transfers made to or from such
4 committee during the reporting period and not reported under
5 item (6);
6     (8) each loan to or from any person within the reporting
7 period by or to such committee in an aggregate amount or value
8 in excess of $150, together with the full names and mailing
9 addresses of the lender and endorsers, if any, and the date and
10 amount of such loans, and if a lender or endorser is an
11 individual who loaned or endorsed a loan of more than $500, the
12 occupation and employer of that individual, or if the
13 occupation and employer of the individual are unknown, a
14 statement that the committee has made a good faith effort to
15 ascertain this information;
16     (9) the total amount of proceeds received by such committee
17 from (a) the sale of tickets for each dinner, luncheon,
18 cocktail party, rally, and other fund-raising events; (b) mass
19 collections made at such events; and (c) sales of items such as
20 political campaign pins, buttons, badges, flags, emblems,
21 hats, banners, literature, and similar materials;
22     (10) each contribution, rebate, refund, or other receipt in
23 excess of $150 received by such committee not otherwise listed
24 under items (4) through (9), and if a contributor is an
25 individual who contributed more than $500, the occupation and
26 employer of the contributor or, if the occupation and employer
27 of the contributor are unknown, a statement that the committee
28 has made a good faith effort to ascertain this information;
29     (11) the total sum of all receipts by or for such committee
30 or candidate during the reporting period.
31     The Board shall by rule define a "good faith effort".
32     The reports of campaign contributions filed under this
33 Article shall be cumulative during the reporting period to
34 which they relate.
35 (Source: P.A. 90-495, eff. 1-1-98; 90-737, eff. 1-1-99.)
 

 

 

HB4019 - 6 - LRB094 10181 JAM 40448 b

1     (10 ILCS 5/9-12)  (from Ch. 46, par. 9-12)
2     Sec. 9-12. Each report of campaign contributions required
3 by Section 9-10 of this Article to be filed with the Board or
4 the Board and the county clerk shall be verified, dated, and
5 signed by either the treasurer of the political committee
6 making the report or the candidate on whose behalf the report
7 is made, and shall contain substantially the following:
8
REPORT OF CAMPAIGN CONTRIBUTIONS
9 (1) name and address of the political committee:
10 .............................................................
11 (2) the date of the beginning of the reporting period, and the
12 amount of funds on hand at the beginning of the reporting
13 period:
14 .............................................................
15 (3) the full name and mailing address of each person who has
16 made one or more contributions to or for the committee within
17 the reporting period in an aggregate amount or value in excess
18 of $150, together with the amount and date of such
19 contributions, and if a contributor is an individual who
20 contributed more than $500, the occupation and employer of each
21 contributor or, if the occupation and employer of the
22 contributor are unknown, a statement that the committee has
23 made a good faith effort to ascertain this information:
24nameaddressamountdateoccupationemployer
25.......................................
26.......................................
27.......................................
28.......................................
29.......................................
30 (4) (Blank) the total sum of individual contributions made to
31 or for the committee during the reporting period and not
32 reported under item (3) -
33 .............................................................
34 (5) the name and address of each political committee from which
35 the reporting committee received, or to which that committee
36 made, any transfer of funds, in an aggregate amount or value in

 

 

HB4019 - 7 - LRB094 10181 JAM 40448 b

1 excess of $150, together with the amounts and dates of all
2 transfers:
3nameaddressamountdate
4........................................
5........................................
6........................................
7(6) (Blank) the total sum of transfers made to or from such
8committee during the reporting period and not under item (5):
9...............
10(7) each loan to or from any person within the reporting period
11by or to the committee in an aggregate amount or value in
12excess of $150, together with the full names and mailing
13addresses of the lender and endorsers, if any, and the date and
14amount of such loans, and if a lender or endorser is an
15individual who loaned or endorsed a loan of more than $500, the
16occupation and employer of each person making the loan, or if
17the occupation and employer of the individual are unknown, a
18statement that the committee has made a good faith effort to
19ascertain this information:
20(8) the total amount of proceeds received by the committee from
21(a) the sale of tickets for each dinner, luncheon, cocktail
22party, rally, and other fund-raising events; (b) mass
23collections made at such events; and (c) sales of items such as
24political campaign pins, buttons, badges, flags, emblems, hats,
25banners, literature, and similar materials:
26(a)............
27(b)............
28(c)............
29 (9) each contribution, rebate, refund, or other receipt in
30 excess of $150 received by the committee not otherwise listed
31 under items (3) through (8), and if the contributor is an
32 individual who contributed more than $500, the occupation and
33 employer of each contributor or, if the occupation and employer
34 of the contributor are unknown, a statement that the committee
35 has made a good faith effort to ascertain this information:
36nameaddressamountdateoccupationemployer

 

 

HB4019 - 8 - LRB094 10181 JAM 40448 b

1.......................................
2.......................................
3 (10) the total sum of all receipts by or for the committee
4 during the reporting period:
5 .............................................................
6 VERIFICATION:
7     "I declare that this report of campaign contributions
8 (including any accompanying schedules and statements) has been
9 examined by me and to the best of my knowledge and belief is a
10 true, correct and complete report as required by Article 9 of
11 The Election Code. I understand that willfully filing a false
12 or incomplete statement is a business offense subject to a fine
13 of up to $5,000."
14 .............................................................
15 (date of filing)      (signature of person making the report)
16 (Source: P.A. 90-495, eff. 1-1-98; 90-737, eff. 1-1-99.)
 
17     (10 ILCS 5/9-13)  (from Ch. 46, par. 9-13)
18     Sec. 9-13. Each semi-annual report of campaign
19 contributions and expenditures under Section 9-10 shall
20 disclose-
21     (1) the name and address of the political committee;
22     (2) (Blank);
23     (3) the amount of funds on hand at the beginning of the
24 reporting period;
25     (4) the full name and mailing address of each person who
26 has made one or more contributions to or for such committee
27 within the reporting period in an aggregate amount or value in
28 excess of $150, together with the amount and date of such
29 contributions, and if the contributor is an individual who
30 contributed more than $500, the occupation and employer of the
31 contributor or, if the occupation and employer of the
32 contributor are unknown, a statement that the committee has
33 made a good faith effort to ascertain this information;
34     (5) (Blank) the total sum of individual contributions made
35 to or for such committee during the reporting period and not

 

 

HB4019 - 9 - LRB094 10181 JAM 40448 b

1 reported under item (4);
2     (6) the name and address of each political committee from
3 which the reporting committee received, or to which that
4 committee made, any transfer of funds, in the aggregate amount
5 or value in excess of $150, together with the amounts and dates
6 of all transfers;
7     (7) (Blank) the total sum of transfers made to or from such
8 committee during the reporting period and not reported under
9 item (6);
10     (8) each loan to or from any person within the reporting
11 period by or to such committee in an aggregate amount or value
12 in excess of $150, together with the full names and mailing
13 addresses of the lender and endorsers, if any, and the date and
14 amount of such loans, and if a lender or endorser is an
15 individual who loaned or endorsed a loan of more than $500, the
16 occupation and employer of that individual, or if the
17 occupation and employer of the individual are unknown, a
18 statement that the committee has made a good faith effort to
19 ascertain this information;
20     (9) the total amount of proceeds received by such committee
21 from (a) the sale of tickets for each dinner, luncheon,
22 cocktail party, rally, and other fund-raising events; (b) mass
23 collections made at such events; and (c) sales of items such as
24 political campaign pins, buttons, badges, flags, emblems,
25 hats, banners, literature, and similar materials;
26     (10) each contribution, rebate, refund, or other receipt in
27 excess of $150 received by such committee not otherwise listed
28 under items (4) through (9), and if the contributor is an
29 individual who contributed more than $500, the occupation and
30 employer of the contributor or, if the occupation and employer
31 of the contributor are unknown, a statement that the committee
32 has made a good faith effort to ascertain this information;
33     (11) the total sum of all receipts by or for such committee
34 or candidate during the reporting period;
35     (12) the full name and mailing address of each person to
36 whom expenditures have been made by such committee or candidate

 

 

HB4019 - 10 - LRB094 10181 JAM 40448 b

1 within the reporting period in an aggregate amount or value in
2 excess of $150, the amount, date, and purpose of each such
3 expenditure and the question of public policy or the name and
4 address of, and office sought by, each candidate on whose
5 behalf such expenditure was made;
6     (13) the full name and mailing address of each person to
7 whom an expenditure for personal services, salaries, and
8 reimbursed expenses in excess of $150 has been made, and which
9 is not otherwise reported, including the amount, date, and
10 purpose of such expenditure;
11     (14) the total sum of expenditures made by such committee
12 during the reporting period;
13     (15) the full name and mailing address of each person to
14 whom the committee owes debts or obligations in excess of $150,
15 and the amount of such debts or obligations.
16     The Board shall by rule define a "good faith effort".
17 (Source: P.A. 90-495, eff. 1-1-98; 90-737, eff. 1-1-99.)
 
18     (10 ILCS 5/9-14)  (from Ch. 46, par. 9-14)
19     Sec. 9-14. Each semi-annual report of campaign
20 contributions and expenditures required by Section 9-10 of this
21 Article to be filed with the Board or the Board and the county
22 clerk shall be verified, dated, and signed by either the
23 treasurer of the political committee making the report or the
24 candidate on whose behalf the report is made, and shall contain
25 substantially the following:
26
SEMI-ANNUAL REPORT OF CAMPAIGN
27 CONTRIBUTIONS AND EXPENDITURES
28 (1) name and address of the political committee:
29 .............................................................
30 (2) the date of the beginning of the reporting period, and the
31 amount of funds on hand at the beginning of the reporting
32 period;
33 .............................................................
34 (3) the full name and mailing address of each person who has
35 made one or more contributions to or for the committee within

 

 

HB4019 - 11 - LRB094 10181 JAM 40448 b

1 the reporting period in an aggregate amount or value in excess
2 of $150, together with the amount and date of such
3 contributions, and if a contributor is an individual who
4 contributed more than $500, the occupation and employer of each
5 contributor or, if the occupation and employer of the
6 contributor are unknown, a statement that the committee has
7 made a good faith effort to ascertain this information:
8nameaddressamountdateoccupationemployer
9.......................................
10.......................................
11.......................................
12.......................................
13.......................................
14 (4) (Blank) the total sum of individual contributions made to
15 or for the committee during the reporting period and not
16 reported under item--(3):
17 .............................................................
18 (5) the name and address of each political committee from which
19 the reporting committee received, or to which that committee
20 made, any transfer of funds, in an aggregate amount or value in
21 excess of $150, together with the amounts and dates of all
22 transfers:
23nameaddressamountdate
24........................................
25........................................
26........................................
27 (6) (Blank) the total sum of transfers made to or from such
28 committee during the reporting period and not reported under
29 item (5);
30 (7) each loan to or from any person within the reporting period
31 by or to the committee in an aggregate amount or value in
32 excess of $150, together with the full names and mailing
33 addresses of the lender and endorsers, if any, and the date and
34 amount of such loans, and if a lender or endorser is an
35 individual who loaned or endorsed a loan of more than $500, the
36 occupation and employer of each person making the loan, or if

 

 

HB4019 - 12 - LRB094 10181 JAM 40448 b

1 the occupation and employer of the individual are unknown, a
2 statement that the committee has made a good faith effort to
3 ascertain this information:
4nameaddressamountdateendorsersoccupationemployer
5................................................
6................................................
7................................................
8 (8) the total amount of proceeds received by the committee from
9 (a) the sale of tickets for each dinner, luncheon, cocktail
10 party, rally, and other fund-raising events; (b) mass
11 collections made at such events; and (c) sales of items such as
12 political campaign pins, buttons, badges, flags, emblems,
13 hats, banners, literature, and similar materials:
14 (a)..........................................................
15 .(b)..........................................................
16 .(c)..........................................................
17 (9) each contribution, rebate, refund, or other receipt in
18 excess of $150 received by the committee not otherwise listed
19 under items (3) through (8), and if a contributor is an
20 individual who contributed more than $500, the occupation and
21 employer of each contributor or, if the occupation and employer
22 of the contributor are unknown, a statement that the committee
23 has made a good faith effort to ascertain this information:
24nameaddressamountdateendorsersoccupationemployer
25................................................
26................................................
27................................................
28 (10) the total sum of all receipts by or for the committee
29 during the reporting period:
30 .............................................................
31 (11) the full name and mailing address of each person to whom
32 expenditures have been made by the committee within the
33 reporting period in an aggregate amount or value in excess of
34 $150, the amount, date, and purpose of each such expenditure,
35 and the question of public policy or the name and address of,
36 and office sought by, each candidate on whose behalf the

 

 

HB4019 - 13 - LRB094 10181 JAM 40448 b

1 expenditure was made:
2nameaddressamountdatepurposebeneficiary
3.............................................
4.............................................
5.............................................
6.............................................
7.............................................
8 (12) the full name and mailing address of each person to whom
9 an expenditure for personal services, salaries, and reimbursed
10 expenses in excess of $150 has been made, and which is not
11 otherwise reported, including the amount, date, and purpose of
12 such expenditure:
13nameaddressamountdatepurpose
14..............................................
15..............................................
16..............................................
17 (13) the total sum of expenditures made by the committee during
18 the reporting period;
19 .............................................................
20 (14) the full name and mailing address of each person to whom
21 the committee owes debts or obligations in excess of $150, and
22 the amount of such debts or obligations:
23 .............................................................
24 .............................................................
25 VERIFICATION:
26     "I declare that this semi-annual report of campaign
27 contributions and expenditures (including any accompanying
28 schedules and statements) has been examined by me and to the
29 best of my knowledge and belief is a true, correct and complete
30 report as required by Article 9 of The Election Code. I
31 understand that willfully filing a false or incomplete report
32 is a business offense subject to a fine of up to $5,000."
33 ................     .......................................
34 (date of filing)      (signature of person making the report)
35 (Source: P.A. 90-495, eff. 1-1-98; 90-737, eff. 1-1-99.)