Full Text of HB5564 96th General Assembly
HB5564ham001 96TH GENERAL ASSEMBLY
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Rep. Jim Durkin
Filed: 3/23/2010
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| AMENDMENT TO HOUSE BILL 5564
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| AMENDMENT NO. ______. Amend House Bill 5564 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Election Code is amended by changing | 5 |
| Section 9-8.5 and by adding Section 9-8.7 as follows: | 6 |
| (10 ILCS 5/9-8.5) | 7 |
| (This Section may contain text from a Public Act with a | 8 |
| delayed effective date ) | 9 |
| Sec. 9-8.5. Limitations on campaign contributions. | 10 |
| (a) It is unlawful for a political committee to accept | 11 |
| contributions except as provided in this Section. | 12 |
| (b) Except as prohibited by Section 9-8.7, during During an | 13 |
| election cycle, a candidate political committee may not accept | 14 |
| contributions with an aggregate value over the following: (i) | 15 |
| $5,000 from any individual, (ii) $10,000 from any corporation, | 16 |
| labor organization, or association, or (iii) $50,000 from a |
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| candidate political committee or political action committee. A | 2 |
| candidate political committee may accept contributions in any | 3 |
| amount from a political party committee except during an | 4 |
| election cycle in which the candidate seeks nomination at a | 5 |
| primary election. During an election cycle in which the | 6 |
| candidate seeks nomination at a primary election, a candidate | 7 |
| political committee may not accept contributions from | 8 |
| political party committees with an aggregate value over the | 9 |
| following: (i) $200,000 for a candidate political committee | 10 |
| established to support a candidate seeking nomination to | 11 |
| statewide office, (ii) $125,000 for a candidate political | 12 |
| committee established to support a candidate seeking | 13 |
| nomination to the Senate, the Supreme Court or Appellate Court | 14 |
| in the First Judicial District, or an office elected by all | 15 |
| voters in a county with 1,000,000 or more residents, (iii) | 16 |
| $75,000 for a candidate political committee established to | 17 |
| support a candidate seeking nomination to the House of | 18 |
| Representatives, the Supreme Court or Appellate Court for a | 19 |
| Judicial District other than the First Judicial District, an | 20 |
| office elected by all voters of a county of fewer than | 21 |
| 1,000,000 residents, and municipal and county offices in Cook | 22 |
| County other than those elected by all voters of Cook County, | 23 |
| and (iv) $50,000 for a candidate political committee | 24 |
| established to support the nomination of a candidate to any | 25 |
| other office.
A candidate political committee established to | 26 |
| elect a candidate to the General Assembly may accept |
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| contributions from only one legislative caucus committee. A | 2 |
| candidate political committee may not accept contributions | 3 |
| from a ballot initiative committee. | 4 |
| (c) During an election cycle, a political party committee | 5 |
| may not accept contributions with an aggregate value over the | 6 |
| following: (i) $10,000 from any individual, (ii) $20,000 from | 7 |
| any corporation, labor organization, or association, or (iii) | 8 |
| $50,000 from a political action committee. A political party | 9 |
| committee may accept contributions in any amount from another | 10 |
| political party committee or a candidate political committee, | 11 |
| except as provided in subsection (c-5). Nothing in this Section | 12 |
| shall limit the amounts that may be transferred between a State | 13 |
| political committee and federal political committee. A | 14 |
| political party committee may not accept contributions from a | 15 |
| ballot initiative committee. A political party committee | 16 |
| established by a legislative caucus may not accept | 17 |
| contributions from another political party committee | 18 |
| established by a legislative caucus. | 19 |
| (c-5) During the period beginning on the date candidates | 20 |
| may begin circulating petitions for a primary election and | 21 |
| ending on the day of the primary election, a political party | 22 |
| committee may not accept contributions with an aggregate value | 23 |
| over $50,000 from a candidate political committee or political | 24 |
| party committee. A political party committee may accept | 25 |
| contributions in any amount from a candidate political | 26 |
| committee or political party committee if the political party |
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| committee receiving the contribution filed a statement of | 2 |
| nonparticipation in the primary as provided in subsection | 3 |
| (c-10). The Task Force on Campaign Finance Reform shall study | 4 |
| and make recommendations on the provisions of this subsection | 5 |
| to the Governor and General Assembly by September 30, 2012. | 6 |
| This subsection becomes inoperative on July 1, 2013 and | 7 |
| thereafter no longer applies. | 8 |
| (c-10) A political party committee that does not intend to | 9 |
| make contributions to candidates to be nominated at a general | 10 |
| primary election or consolidated primary election may file a | 11 |
| Statement of Nonparticipation in a Primary Election with the | 12 |
| Board. The Statement of Nonparticipation shall include a | 13 |
| verification signed by the chairperson and treasurer of the | 14 |
| committee that (i) the committee will not make contributions or | 15 |
| coordinated expenditures in support of or opposition to a | 16 |
| candidate or candidates to be nominated at the general primary | 17 |
| election or consolidated primary election (select one) to be | 18 |
| held on (insert date), (ii) the political party committee may | 19 |
| accept unlimited contributions from candidate political | 20 |
| committees and political party committees, provided that the | 21 |
| political party committee does not make contributions to a | 22 |
| candidate or candidates to be nominated at the primary | 23 |
| election, and (iii) failure to abide by these requirements | 24 |
| shall deem the political party committee in violation of this | 25 |
| Article and subject the committee to a fine of no more than | 26 |
| 150% of the total contributions or coordinated expenditures |
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| made by the committee in violation of this Article. This | 2 |
| subsection becomes inoperative on July 1, 2013 and thereafter | 3 |
| no longer applies. | 4 |
| (d) During an election cycle, a political action committee | 5 |
| may not accept contributions with an aggregate value over the | 6 |
| following: (i) $10,000 from any individual, (ii) $20,000 from | 7 |
| any corporation, labor organization, political party | 8 |
| committee, or association, or (iii) $50,000 from a political | 9 |
| action committee or candidate political committee. A political | 10 |
| action committee may not accept contributions from a ballot | 11 |
| initiative committee. | 12 |
| (e) A ballot initiative committee may accept contributions | 13 |
| in any amount from any source, provided that the committee | 14 |
| files the document required by Section 9-3 of this Article. | 15 |
| (f) Nothing in this Section shall prohibit a political | 16 |
| committee from dividing the proceeds of joint fundraising | 17 |
| efforts; provided that no political committee may receive more | 18 |
| than the limit from any one contributor and no candidate | 19 |
| political committee may receive a contribution prohibited by | 20 |
| Section 9-8.7 . | 21 |
| (g) On January 1 of each odd-numbered year, the State Board | 22 |
| of Elections shall adjust the amounts of the contribution | 23 |
| limitations established in this Section for inflation as | 24 |
| determined by the Consumer Price Index for All Urban Consumers | 25 |
| as issued by the United States Department of Labor and rounded | 26 |
| to the nearest $100. The State Board shall publish this |
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| information on its official website. | 2 |
| (h) Self-funding candidates. If a public official, a | 3 |
| candidate, or the public official's or candidate's immediate | 4 |
| family contributes or loans to the public official's or | 5 |
| candidate's political committee or to other political | 6 |
| committees that transfer funds to the public official's or | 7 |
| candidate's political committee or makes independent | 8 |
| expenditures for the benefit of the public official's or | 9 |
| candidate's campaign during the 12 months prior to an election | 10 |
| in an aggregate amount of more than (i) $250,000 for statewide | 11 |
| office or (ii) $100,000 for all other elective offices, then | 12 |
| the public official or candidate shall file with the State | 13 |
| Board of Elections, within one day, a Notification of | 14 |
| Self-funding that shall detail each contribution or loan made | 15 |
| by the public official, the candidate, or the public official's | 16 |
| or candidate's immediate family. Within 2 business days after | 17 |
| the filing of a Notification of Self-funding, the notification | 18 |
| shall be posted on the Board's website and the Board shall give | 19 |
| official notice of the filing to each candidate for the same | 20 |
| office as the public official or candidate making the filing, | 21 |
| including the public official or candidate filing the | 22 |
| Notification of Self-funding. Upon receiving notice from the | 23 |
| Board, all candidates for that office, including the public | 24 |
| official or candidate who filed a Notification of Self-funding, | 25 |
| shall be permitted to accept contributions in excess of any | 26 |
| contribution limits imposed by subsection (b). For the purposes |
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| of this subsection, "immediate family" means the spouse, | 2 |
| parent, or child of a public official or candidate. | 3 |
| (i) For the purposes of this Section, a corporation, labor | 4 |
| organization, association, or a political action committee | 5 |
| established by a corporation, labor organization, or | 6 |
| association may act as a conduit in facilitating the delivery | 7 |
| to a political action committee of contributions made through | 8 |
| dues, levies, or similar assessments and the political action | 9 |
| committee may report the contributions in the aggregate, | 10 |
| provided that: (i) the dues, levies, or similar assessments | 11 |
| paid by any natural person, corporation, labor organization, or | 12 |
| association in a calendar year may not exceed the limits set | 13 |
| forth in this Section and (ii) the corporation, labor | 14 |
| organization, association, or a political action committee | 15 |
| established by a corporation, labor organization, or | 16 |
| association facilitating the delivery of contributions | 17 |
| maintains a list of natural persons, corporations, labor | 18 |
| organizations, and associations that paid the dues, levies, or | 19 |
| similar assessments from which the contributions comprising | 20 |
| the aggregate amount derive. A political action committee | 21 |
| facilitating the delivery of contributions or receiving | 22 |
| contributions shall disclose the amount of dues delivered or | 23 |
| received and the name of the corporation, labor organization, | 24 |
| association, or political action committee delivering the | 25 |
| contributions, if applicable. Nothing in this subsection | 26 |
| permits the receipt of a contribution in violation of Section |
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| 9-8.7. | 2 |
| (j) A political committee that receives a contribution or | 3 |
| transfer in violation of this Section shall dispose of the | 4 |
| contribution or transfer by returning the contribution or | 5 |
| transfer, or an amount equal to the contribution or transfer, | 6 |
| to the contributor or transferor or donating the contribution | 7 |
| or transfer, or an amount equal to the contribution or | 8 |
| transfer, to a charity. A contribution or transfer received in | 9 |
| violation of this Section that is not disposed of as provided | 10 |
| in this subsection within 15 days after its receipt shall | 11 |
| escheat to the General Revenue Fund and the political committee | 12 |
| shall be deemed in violation of this Section and subject to a | 13 |
| civil penalty not to exceed 150% of the total amount of the | 14 |
| contribution. | 15 |
| (k) For the purposes of this Section, "statewide office" | 16 |
| means the Governor, Lieutenant Governor, Attorney General, | 17 |
| Secretary of State, Comptroller, and Treasurer. | 18 |
| (l) This Section is repealed if and when the United States | 19 |
| Supreme Court invalidates contribution limits on committees | 20 |
| formed to assist candidates, political parties, corporations, | 21 |
| associations, or labor organizations established by or | 22 |
| pursuant to federal law. | 23 |
| (Source: P.A. 96-832, eff. 1-1-11.) | 24 |
| (10 ILCS 5/9-8.7 new) | 25 |
| Sec. 9-8.7. Prohibited contributions from regulated or |
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| licensed entities. | 2 |
| (a) As used in this Section: | 3 |
| "Candidate political committee" (i) until January 1, 2011, | 4 |
| means a political committee organized by or on behalf of a | 5 |
| single candidate for public office and (ii) beginning January | 6 |
| 1, 2011, has the meaning set forth in Section 9-1.8. | 7 |
| "State service" means serving full time as (i) a member of | 8 |
| a board or commission appointed by the Governor or (ii) the | 9 |
| head of any department, board, division, bureau, authority, or | 10 |
| other administrative unit of State government. | 11 |
| (b) The candidate political committee of a person who is, | 12 |
| or has been within the previous one year, in State service may | 13 |
| not accept any contribution from an entity, or the subsidiary | 14 |
| of an entity, subject to the regulatory or licensing authority | 15 |
| of the government entity on which, or the government position | 16 |
| in which, the person serves or served. | 17 |
| (c) A candidate political committee that receives a | 18 |
| contribution
in violation of this Section shall return the | 19 |
| contribution,
or an amount equal to the contribution,
to the | 20 |
| contributor or shall donate the contribution,
or an amount | 21 |
| equal to the contribution,
to a charity. A contribution | 22 |
| received in
violation of this Section that is not disposed of | 23 |
| as provided
in this subsection within 15 days after its receipt | 24 |
| shall
escheat to the State's General Revenue Fund, and the | 25 |
| candidate political committee
shall be deemed in violation of | 26 |
| this Section and subject to a
civil penalty not to exceed 150% |
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| of the total amount of the
contribution. | 2 |
| Section 95. No acceleration or delay. Where this Act makes | 3 |
| changes in a statute that is represented in this Act by text | 4 |
| that is not yet or no longer in effect (for example, a Section | 5 |
| represented by multiple versions), the use of that text does | 6 |
| not accelerate or delay the taking effect of (i) the changes | 7 |
| made by this Act or (ii) provisions derived from any other | 8 |
| Public Act.
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| Section 99. Effective date. This Act takes effect upon | 10 |
| becoming law.".
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