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Full Text of SB1520  99th General Assembly

SB1520 99TH GENERAL ASSEMBLY


 


 
99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB1520

 

Introduced 2/20/2015, by Sen. Michael Noland

 

SYNOPSIS AS INTRODUCED:
 
New Act
30 ILCS 105/5.866 new
35 ILCS 5/507DDD new

    Creates the Illinois Clean Elections Act. Establishes a voluntary method of public financing of the campaigns of candidates for statewide constitutional offices and the General Assembly. Amends the State Finance Act to create the Illinois Clean Elections Fund as a special fund in the State treasury. Amends the Illinois Income Tax Act to create an individual tax return checkoff in support of the Fund. Effective immediately.


LRB099 09370 MGM 29576 b

 

 

A BILL FOR

 

SB1520LRB099 09370 MGM 29576 b

1    AN ACT concerning elections.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the
5Illinois Clean Elections Act.
 
6    Section 5. Definitions. As used in this Act:
7    "Certified candidate" means a candidate running for
8Governor, Lieutenant Governor, Secretary of State, Attorney
9General, State Treasurer, State Comptroller, State Senator, or
10State Representative, in a primary election, and Governor,
11Secretary of State, Attorney General, State Treasurer, State
12Comptroller, State Senator, or State Representative, in a
13general election who chooses to participate in this Act and who
14is certified as an Illinois Clean Elections Act candidate under
15subsection (e) of Section 20.
16    "Contribution" has the same meaning as in Article 9 of the
17Election Code.
18    "Fund" means the Illinois Clean Elections Fund established
19in Section 15.
20    "Nonparticipating candidate" means a candidate running for
21Governor, Lieutenant Governor, Secretary of State, Attorney
22General, State Treasurer, State Comptroller, State Senator, or
23State Representative, in a primary election, and Governor,

 

 

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1Secretary of State, Attorney General, State Treasurer, State
2Comptroller, State Senator, or State Representative, in a
3general election who does not choose to participate in this Act
4and who is not seeking to be certified as an Illinois Clean
5Elections Act candidate.
6    "Participating candidate" means a candidate who is running
7for Governor, Lieutenant Governor, Secretary of State,
8Attorney General, State Treasurer, State Comptroller, State
9Senator, or State Representative, in a primary election, and
10Governor, Secretary of State, Attorney General, State
11Treasurer, State Comptroller, State Senator, or State
12Representative, in a general election who is seeking to be
13certified as an Illinois Clean Elections Act candidate.
14    "Qualifying contribution" means a donation:
15        (1) of $5 in the form of a check or a money order
16    payable to the Fund in support of a candidate;
17        (2) made by a registered voter within the district for
18    the office a candidate is seeking;
19        (3) made during the designated qualifying period and
20    obtained with the knowledge and approval of the candidate;
21    and
22        (4) that is acknowledged by a written receipt that
23    identifies the name and address of the donor on forms
24    provided by the State Board.
25    "Qualifying period" means the following:
26        (1) For a participating candidate for Governor,

 

 

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1    Lieutenant Governor, Secretary of State, Attorney General,
2    State Treasurer, or State Comptroller, the qualifying
3    period begins November 1st immediately preceding the
4    election year and ends at 5:00 p.m. on April 15th of the
5    election year unless the candidate is unenrolled, in which
6    case the period ends at 5:00 p.m. on June 2nd of the
7    election year.
8        (2) For State Senate or State House of Representatives
9    participating candidates, the qualifying period begins
10    January 1st of the election year and ends at 5:00 p.m. on
11    April 15th of that election year unless the candidate is
12    unenrolled, in which case the period ends at 5:00 p.m. on
13    June 2nd of the election year.
14    "Seed money contribution" means a contribution of no more
15than $100 per individual made to a contribution from the
16candidate or the candidate's family. To be eligible for
17certification, a candidate may collect and spend only seed
18money contributions subsequent to becoming a candidate as
19defined by Article 9 of the Election Code and throughout the
20qualifying period. A participating candidate who has accepted
21contributions or made expenditures that do not comply with the
22seed money restrictions under this Act may petition the State
23Board to remain eligible for certification as an Illinois Clean
24Elections Act candidate in accordance with rules of the State
25Board, if the failure to comply was unintentional and does not
26constitute a significant infraction of these restrictions.

 

 

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1Prior to certification, a candidate may obligate an amount
2greater than the seed money collected if the value of the goods
3and services received from a vendor does not exceed the amount
4paid to the vendor. A candidate may not collect or spend seed
5money contributions after certification as an Illinois Clean
6Elections Act candidate. A seed money contribution must be
7reported according to procedures developed by the State Board.
8    "State Board" means the State Board of Elections.
 
9    Section 10. Alternative campaign financing option. This
10Act establishes an alternative campaign financing option
11available to candidates running for Governor, Lieutenant
12Governor, Secretary of State, Attorney General, State
13Treasurer, State Comptroller, State Senator, and State
14Representative. This alternative campaign financing option is
15available to candidates for elections to be held beginning in
16the year 2014. The State Board shall administer this Act and
17the Fund. Candidates participating in this Act must also comply
18with all other applicable election and campaign laws and
19regulations.
 
20    Section 15. The Illinois Clean Elections Fund established;
21sources of funding.
22    (a) The Illinois Clean Elections Fund is established as a
23special fund in the State treasury to finance the election
24campaigns of certified Illinois Clean Elections Act candidates

 

 

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1running for Governor, Lieutenant Governor, Attorney General,
2Secretary of State, State Treasurer, State Comptroller, State
3Senator, and State Representative and to pay administrative and
4enforcement costs of the State Board related to this Act. Any
5interest generated by the Fund is credited to the Fund. The
6State Board shall administer the Fund.
7    (b) The following must be deposited into the Fund:
8        (1) The qualifying contributions required under
9    Section 20 when those contributions are submitted to the
10    State Board.
11        (2) $40,000,000 of the revenues from the taxes imposed
12    by the Illinois Income Tax Act and credited to the General
13    Revenue Fund, transferred to the Fund by the State
14    Treasurer on or before January 1st of each year, beginning
15    January 1, 2014. These revenues must be offset in an
16    equitable manner by an equivalent reduction within the
17    administrative divisions of the legislative branch and
18    executive branch agencies. If the State Board determines
19    that the Fund will not have sufficient revenues to cover
20    the likely demand for funds from the Illinois Clean
21    Elections Fund in an upcoming calendar year, by January 1st
22    the State Board shall provide a report of its projections
23    of the balances in the Illinois Clean Elections Fund to the
24    General Assembly and the Governor and may request that the
25    State Treasurer make the following transfers to the
26    Illinois Clean Elections Fund from the General Revenue

 

 

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1    Fund:
2            (A) Up to $20,000,000 no later than February 28,
3        2014, reflecting an advance of the transfer of the
4        amounts that would be received on or before January 1,
5        2015 pursuant to this paragraph.
6            (B) Up to $15,000,000 no later than July 31, 2014,
7        pursuant to this paragraph reflecting an advance of the
8        transfer of the amounts that would be received on or
9        before January 1, 2016 pursuant to this paragraph.
10            (C) Up to $5,000,000 no later than September 1,
11        2016, reflecting a partial advance of the transfer of
12        the amounts that would be received on or before January
13        1, 2015 pursuant to this paragraph.
14        (3) Revenue from a tax checkoff program allowing a
15    resident of the State who files a tax return with the
16    Department of Revenue to designate that $3 be paid into the
17    Fund. If a husband and wife file a joint return, each
18    spouse may designate that $3 be paid. The Department of
19    Revenue shall report annually the amounts designated for
20    the Fund to the State Treasurer, who shall transfer that
21    amount to the Fund.
22        (4) Seed money contributions remaining unspent after a
23    candidate has been certified as an Illinois Clean Elections
24    Act candidate.
25        (5) Fund revenues that were distributed to an Illinois
26    Clean Elections Act candidate and that remain unspent after

 

 

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1    the candidate has lost a primary election or after all
2    general elections.
3        (6) Other unspent Fund revenues distributed to any
4    Illinois Clean Elections Act candidate who does not remain
5    a candidate throughout a primary or general election cycle.
6        (7) Voluntary donations made directly to the Fund.
7        (8) Fines collected under this Act.
8    (c) By September 1st preceding each election year, the
9State Board shall publish an estimate of revenue in the Fund
10available for distribution to certified candidates during the
11upcoming year's elections and an estimate of the likely demand
12for clean elections funding during that election. The State
13Board may submit legislation to request additional funding.
 
14    Section 20. Terms of participation.
15    (a) A participating candidate must file a declaration of
16intent to seek certification as an Illinois Clean Elections Act
17candidate and to comply with the requirements of this Act. The
18declaration of intent must be filed with the State Board prior
19to or during the qualifying period, except as provided in
20subsection (l), according to forms and procedures developed by
21the State Board. A participating candidate must submit a
22declaration of intent within 5 business days after collecting
23qualifying contributions under this Act or the qualifying
24contributions collected before the declaration of intent has
25been filed will not be counted toward the eligibility

 

 

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1requirement in subsection (c).
2    (b) Subsequent to becoming a candidate defined by and prior
3to certification, a participating candidate may not accept
4contributions, except for seed money contributions. A
5participating candidate must limit the candidate's seed money
6contributions to the following amounts:
7        (1) $50,000 for a gubernatorial candidate.
8        (2) $25,000 for a candidate for Lieutenant Governor,
9    Secretary of State, Attorney General, State Treasurer, or
10    State Comptroller.
11        (3) $10,000 for a candidate for the State Senate.
12        (4) $5,000 for a candidate for the State House of
13    Representatives.
14    The State Board may, by rule, revise these amounts to
15ensure the effective implementation of this Act.
16    (c) Participating candidates must obtain qualifying
17contributions during the qualifying period as follows:
18        (1) For a gubernatorial candidate, at least 2,500
19    verified registered voters of this State must support the
20    candidacy by providing a qualifying contribution to that
21    candidate.
22        (2) For a candidate for Lieutenant Governor, Secretary
23    of State, Attorney General, State Treasurer, or State
24    Comptroller, at least 5,000 verified registered voters of
25    this State must support the candidacy by providing a
26    qualifying contribution to that candidate.

 

 

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1        (3) For a candidate for the State Senate, at least
2    2,000 verified registered voters from the candidate's
3    district must support the candidacy by providing a
4    qualifying contribution to that candidate.
5        (4) For a candidate for the State House of
6    Representatives, at least 1,000 verified registered voters
7    from the candidate's district must support the candidacy by
8    providing a qualifying contribution to that candidate.
9    A payment, gift, or anything of value may not be given in
10exchange for a qualifying contribution. A candidate may pay the
11fee for a money order in the amount of $5, which is a
12qualifying contribution, as long as the donor making the
13qualifying contribution pays the $5 amount reflected on the
14money order. Any money order fees paid by a participating
15candidate must be paid for with seed money and reported in
16accordance with State Board rules.
17    (d) A participating candidate must submit qualifying
18contributions to the State Board during the qualifying period
19according to procedures developed by the State Board, except as
20provided under subsection (l).
21    (e) Upon receipt of a final submittal of qualifying
22contributions by a participating candidate, the State Board
23shall determine whether or not the candidate has:
24        (1) Signed and filed a declaration of intent to
25    participate in this Act.
26        (2) Submitted the appropriate number of valid

 

 

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1    qualifying contributions.
2        (3) Qualified as a candidate by petition or other
3    means.
4        (4) Not accepted contributions, except for seed money
5    contributions, and otherwise complied with seed money
6    restrictions.
7        (5) Not run for the same office as a nonparticipating
8    candidate in a primary election in the same election year.
9        (6) Otherwise met the requirements for participation
10    in this Act.
11    The State Board shall certify a candidate complying with
12the requirements of this Section as an Illinois Clean Elections
13Act candidate as soon as possible and no later than 3 business
14days after final submittal of qualifying contributions. Upon
15certification, a candidate must transfer to the Fund any
16unspent seed money contributions. A certified candidate must
17comply with all requirements of this Act after certification
18and throughout the primary and general election periods.
19Failure to do so is a violation of this Act.
20    (f) After certification, a candidate must limit the
21candidate's campaign expenditures and obligations, including
22outstanding obligations, to the revenues distributed to the
23candidate from the Fund and may not accept any contributions
24unless specifically authorized by the State Board. Candidates
25may also accept and spend interest earned on bank accounts. All
26revenues distributed to a certified candidate from the Fund

 

 

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1must be used for campaign-related purposes. The candidate, the
2treasurer, the candidate's political committee, or any agent of
3the candidate and committee may not use these revenues for any
4but campaign-related purposes. The State Board shall publish
5guidelines outlining permissible campaign-related
6expenditures.
7    (g) The State Board shall distribute to certified
8candidates revenues from the Fund in amounts determined under
9subsection (h) in the following manner.
10        (1) Within 3 days after certification, for candidates
11    certified prior to March 15th of the election year,
12    revenues from the Fund must be distributed as if the
13    candidates are in an uncontested primary election.
14        (2) Within 3 days after certification, for all
15    candidates certified between March 15th and April 15th of
16    the election year, revenues from the Fund must be
17    distributed according to whether the candidate is in a
18    contested or uncontested primary election.
19        (3) For candidates in contested primary elections
20    receiving a distribution under paragraph (1), additional
21    revenues from the fund must be distributed within 3 days of
22    March 15th after the election year.
23        (4) Within 3 days after the primary election results
24    are certified, for general election certified candidates,
25    revenues from the Fund must be distributed according to
26    whether the candidate is in a contested or uncontested

 

 

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1    general election.
2    Funds may be distributed to certified candidates under this
3Section by any mechanism that is expeditious, ensures
4accountability, and safeguards the integrity of the Fund.
5    (h) The candidate or committee shall deposit all revenues
6from the Fund in a campaign account with a bank or other
7financial institution. The campaign funds must be segregated
8from, and may not be commingled with, any other funds.
9    (i) By July 1, 2014 and at least every 4 years after that
10date, the State Board shall determine the amount of funds to be
11distributed to participating candidates based on the type of
12election and office as follows:
13        (1) For contested legislative primary elections, the
14    amount of revenues to be distributed is the average amount
15    of campaign expenditures made by each candidate during all
16    contested primary election races for the immediately
17    preceding 2 primary elections, as reported in the initial
18    filing period subsequent to the primary election, for the
19    respective offices of State Senate and State House of
20    Representatives.
21        (2) For uncontested legislative primary elections, the
22    amount of revenues distributed is the average amount of
23    campaign expenditures made by each candidate during all
24    uncontested primary election races for the immediately
25    preceding 2 primary elections, as reported in the initial
26    filing period subsequent to the primary election, for the

 

 

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1    respective offices of State Senate and State House of
2    Representatives.
3        (3) For contested legislative general elections, the
4    amount of revenues distributed is the average amount of
5    campaign expenditures made by each candidate during all
6    contested general election races for the immediately
7    preceding 2 general elections, as reported in the initial
8    filing period subsequent to the general election, for the
9    respective offices of State Senate and State House of
10    Representatives.
11        (4) For uncontested legislative general elections, the
12    amount of revenues to be distributed from the Fund is 40%
13    of the amount distributed to a participating candidate in a
14    contested general election.
15        (5) For gubernatorial primary elections, the amount of
16    revenues distributed is $2,000,000 per candidate in the
17    primary election.
18        (6) For gubernatorial general elections, the amount of
19    revenues distributed is $4,000,000 per candidate in the
20    general election.
21        (7) For contested primary elections for Lieutenant
22    Governor, the amount of revenues distributed is $500,000
23    per candidate in the primary election. No funds shall be
24    distributed for the general election.
25        (8) For contested primary elections for Attorney
26    General the amount of revenues distributed per candidate is

 

 

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1    $500,000 per candidate.
2        (9) For the general election for Attorney General, the
3    amount of funds distributed per candidate is $2,000,000.
4        (10) For primary elections for Secretary of State the
5    amount of revenues distributed per candidate is $500,000
6    per candidate.
7        (11) For the general election for Secretary of State,
8    the amount of funds distributed per candidate is
9    $2,000,000.
10        (12) For contested primary elections for State
11    Treasurer, the amount of revenues distributed per
12    candidate is $200,000.
13        (13) For the general election for State Treasurer, the
14    amount of funds distributed per candidate is $800,000.
15        (14) For contested primary elections for State
16    Comptroller, the amount of revenues distributed per
17    candidate is $200,000.
18        (15) For the general election for State Comptroller,
19    the amount of funds distributed per candidate is $800,000.
20        (16) For any uncontested primary or general election
21    for the office of Governor, Lieutenant Governor, Attorney
22    General, Secretary of State, State Treasurer, or
23    Comptroller, the amount of funds distributed shall be 40%
24    of those otherwise distributed in a contested primary or
25    general election.
26    If the immediately preceding election cycles do not contain

 

 

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1sufficient electoral data, the State Board shall use
2information from the most recent applicable elections.
3    (j) When any campaign, finance, or election report shows
4that the sum of a candidate's expenditures or obligations, or
5funds raised or borrowed, whichever is greater, alone or in
6conjunction with independent reported expenditures, exceeds
7the distribution amount under subsection (h), the State Board
8shall issue immediately to any opposing Illinois Clean
9Elections Act candidate an additional amount equivalent to the
10reported excess. Matching funds are limited to 2 times the
11amount originally distributed under subsection (h), paragraph
12(1), (3), (5), or (6), whichever is applicable.
13    (k) An unenrolled candidate certified by January 15th
14preceding the primary election is eligible for revenues from
15the Fund in the same amounts and at the same time as an
16uncontested primary election candidate and a general election
17candidate as specified in subsections (g) and (h). For an
18unenrolled candidate not certified by January 15th at 5:00 p.m.
19the deadline for filing qualifying contributions is 5:00 p.m.
20on June 2nd preceding the general election. An unenrolled
21candidate certified after January 15th at 5:00 p.m. is eligible
22for revenues from the Fund in the same amounts as a general
23election candidate, as specified in subsections (g) and (h).
24    (l) The State Board shall establish by rule procedures for
25qualification, certification, disbursement of Fund revenues,
26and return of unspent Fund revenues for races involving special

 

 

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1elections, recounts, vacancies, withdrawals, or replacement
2candidates.
3    (m) Notwithstanding any other provision of law,
4participating and certified candidates shall report any money
5collected, all campaign expenditures, obligations, and related
6activities to the State Board according to procedures developed
7by the State Board. Upon the filing of a final report for any
8primary election in which the candidate was defeated and for
9all general elections that candidate shall return all unspent
10Fund revenues to the State Board. In developing these
11procedures, the State Board shall utilize existing campaign
12reporting procedures whenever practicable. The State Board
13shall ensure timely public access to campaign finance data and
14may utilize electronic means of reporting and storing
15information.
16    (n) The treasurer shall obtain and keep:
17        (1) Bank or other account statements for the campaign
18    account covering the duration of the campaign.
19        (2) A vendor invoice stating the particular goods or
20    services purchased for every expenditure of $50 or more.
21        (3) A record proving that a vendor received payment for
22    every expenditure of $50 or more in the form of a cancelled
23    check, receipt from the vendor, or bank or credit card
24    statement identifying the vendor as the payee.
25    The treasurer shall preserve the records for 2 years
26following the candidate's final campaign finance report for the

 

 

SB1520- 17 -LRB099 09370 MGM 29576 b

1election cycle. The candidate and treasurer shall submit
2photocopies of the records to the State Board upon its request.
3    (o) The State Board may not distribute revenues to
4certified candidates in excess of the total amount of money
5deposited into the Fund as set forth in Section 15.
6Notwithstanding any other provisions of this Act, if the State
7Board determines that the revenues in the Fund are insufficient
8to meet distributions under subsections (h) or (i), the State
9Board may permit certified candidates to accept and spend
10contributions, reduced by any seed money contributions,
11aggregating no more than $500 per donor per election for
12gubernatorial candidates and $250 per donor per election for
13State Senate and State House candidates, up to the applicable
14amounts set forth in subsections (h) and (i) according to rules
15adopted by the State Board.
16    (p) A candidate who has been denied certification as an
17Illinois Clean Elections Act candidate, the opponent of a
18candidate who has been granted certification as an Illinois
19Clean Elections Act candidate, or other interested persons may
20challenge a certification decision by the State Board as
21follows:
22        (1) A challenger may appeal to the full State Board
23    within 7 days after the certification decision. The appeal
24    must be in writing and must set forth the reasons for the
25    appeal.
26        (2) Within 5 days after an appeal is properly made and

 

 

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1    after notice is given to the challenger and any opponent,
2    the State Board shall hold a hearing. The appellant has the
3    burden of providing evidence to demonstrate that the State
4    Board decision was improper. The State Board must rule on
5    the appeal within 3 days after the completion of the
6    hearing.
7        (3) A challenger may appeal the decision of the State
8    Board in paragraph (2) by commencing an action in circuit
9    court.
10        (4) A candidate whose certification by the State Board
11    as an Illinois Clean Elections Act candidate is revoked on
12    appeal must return to the State Board any unspent revenues
13    distributed from the Fund.
14    If the State Board or court finds that an appeal was made
15frivolously or to cause delay or hardship, the State Board or
16court may require the moving party to pay costs of the State
17Board, court, and opposing parties, if any.
 
18    Section 25. Rules. The State Board shall adopt rules to
19ensure effective administration of this Act. These rules must
20include but must not be limited to procedures for obtaining
21qualifying contributions, certification as an Illinois Clean
22Elections Act candidate, circumstances involving special
23elections, vacancies, recounts, withdrawals or replacements,
24collection of revenues for the Fund, distribution of Fund
25revenue to certified candidates, return of unspent Fund

 

 

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1disbursements, disposition of equipment purchased with Clean
2Elections Funds, and compliance with this Act.
 
3    Section 30. Violations.
4    (a) In addition to any other penalties that may be
5applicable, a person who violates any provision of this Act or
6rules of the State Board adopted pursuant to Section 25 is
7subject to a fine not to exceed $10,000 per violation payable
8to the Fund. The State Board may assess a fine of up to $10,000
9for a violation of reporting requirements if it determines that
10the failure to file a timely and accurate report resulted in
11the late payment of matching funds. This fine is recoverable in
12a civil action. In addition to any fine, for good cause shown,
13a candidate, treasurer, consultant, or other agent of the
14candidate or the committee authorized by the candidate found in
15violation of this Act or rules of the State Board may be
16required to return to the Fund all amounts distributed to the
17candidate from the Fund or any funds not used for
18campaign-related purposes. If the State Board makes a
19determination that a violation of this Act or rules of the
20State Board has occurred, the State Board shall assess a fine
21or transmit the finding to the Attorney General for
22prosecution. Fines paid under this Section must be deposited
23into the Fund. In determining whether or not a candidate is in
24violation of the expenditure limits of this Act, the State
25Board may consider as a mitigating factor any circumstances out

 

 

SB1520- 20 -LRB099 09370 MGM 29576 b

1of the candidate's control.
2    (b) A person who willfully or knowingly violates this Act
3or rules of the State Board or who willfully or knowingly makes
4a false statement in any report required by this Act commits a
5business offense punishable by a fine of at least $1,001 and
6not more than $5,000 and, if certified as an Illinois Clean
7Elections Act candidate, must return to the Fund all amounts
8distributed to the candidate.
 
9    Section 35. Study report. By January 30, 2015 and every 4
10years after that date, the State Board shall prepare for the
11General Assembly a report documenting, evaluating, and making
12recommendations relating to the administration,
13implementation, and enforcement of this Act and the Illinois
14Clean Elections Fund. 
 
15    Section 90. The State Finance Act is amended by adding
16Section 5.866 as follows:
 
17    (30 ILCS 105/5.866 new)
18    Sec. 5.866. The Illinois Clean Elections Fund.
 
19    Section 95. The Illinois Income Tax Act is amended by
20adding Section 507DDD as follows:
 
21    (35 ILCS 5/507DDD new)

 

 

SB1520- 21 -LRB099 09370 MGM 29576 b

1    Sec. 507DDD. The Illinois Clean Elections Fund checkoff.
2For taxable years ending on or after December 31, 2014, the
3Department must print on its standard individual income tax
4form a provision indicating that if the taxpayer wishes to
5contribute to the Illinois Clean Elections Fund, as authorized
6by the Illinois Clean Elections Act, he or she may do so by
7stating the amount of the contribution (not less than $3) on
8the return and that the contribution will reduce the taxpayer's
9refund or increase the amount of payment to accompany the
10return. Failure to remit any amount of increased payment shall
11reduce the contribution accordingly. This Section does not
12apply to any amended return.
 
13    Section 99. Effective date. This Act takes effect upon
14becoming law.