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91_HB3856
LRB9109037JMpcA
1 AN ACT concerning campaign finance disclosure, amending
2 named Acts.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Election Code is amended by changing
6 Sections 9-3, 9-4, and 9-23 and adding Section 9-30 as
7 follows:
8 (10 ILCS 5/9-3) (from Ch. 46, par. 9-3)
9 Sec. 9-3. Every state political committee and every
10 local political committee shall file with the State Board of
11 Elections, and every local political committee shall file
12 with the county clerk, a statement of organization within 10
13 business days of the creation of such committee, except any
14 political committee created within the 30 days before an
15 election shall file a statement of organization within 5
16 business days. A political committee that acts as both a
17 state political committee and a local political committee
18 shall file a copy of each statement of organization with the
19 State Board of Elections and the county clerk. The Board
20 shall assess a civil penalty not to exceed $5,000 for failing
21 to file or late filing of a statement of organization, except
22 that for State officers and candidates and political
23 committees formed for statewide office, the civil penalty may
24 not exceed $10,000. The fine, however, shall not exceed $500
25 for filing less than 10 days after the deadline. There shall
26 be no fine if the statement is mailed and postmarked at least
27 72 hours prior to the filing deadline. For the purpose of
28 this Section, "statewide office" and "State officer" mean the
29 Governor, Lieutenant Governor, Attorney General, Secretary of
30 State, Comptroller, and Treasurer.
31 The statement of organization shall include -
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1 (a) the name and address of the political committee (the
2 name of the political committee must include the name of any
3 sponsoring entity);
4 (b) the scope, area of activity, party affiliation,
5 candidate affiliation and his county of residence, and
6 purposes of the political committee;
7 (c) the name, address, and position of each custodian of
8 the committee's books and accounts;
9 (d) the name, address, and position of the committee's
10 principal officers, including the chairman, treasurer, and
11 officers and members of its finance committee, if any;
12 (e) (Blank);
13 (f) a statement of what specific disposition of residual
14 fund will be made in the event of the dissolution or
15 termination of the committee;
16 (g) a listing of all banks or other financial
17 institutions, safety deposit boxes, and any other
18 repositories or custodians of funds used by the committee;
19 (h) the amount of funds available for campaign
20 expenditures as of the filing date of the committee's
21 statement of organization.
22 For purposes of this Section, a "sponsoring entity" is
23 (i) any person, political committee, organization,
24 corporation, or association that contributes at least 33% of
25 the total funding of the political committee or (ii) any
26 person or other entity that is registered or is required to
27 register under the Lobbyist Registration Act and contributes
28 at least 33% of the total funding of the political committee.
29 (Source: P.A. 90-495, eff. 1-1-98; 90-737, eff. 1-1-99.)
30 (10 ILCS 5/9-4) (from Ch. 46, par. 9-4)
31 Sec. 9-4. The statement of organization required by this
32 Article to be filed in accordance with Section 9-3 shall be
33 verified, dated, and signed by either the treasurer of the
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1 political committee making the statement or the candidate on
2 whose behalf the statement is made, and shall contain
3 substantially the following:
4 STATEMENT OF ORGANIZATION
5 (a) name and address of the political committee:
6 .............................................................
7 (b) scope, area of activity, party affiliation,
8 candidate affiliation and his county of residence, and
9 purposes of the political committee:
10 .............................................................
11 .............................................................
12 .............................................................
13 .............................................................
14 (c) name, address, and position of each custodian of the
15 committee's books and accounts:
16 .............................................................
17 .............................................................
18 (d) name, address, and position of the committee's
19 principal officers, including the chairman, treasurer, and
20 officers and members of its finance committee, if any:
21 .............................................................
22 .............................................................
23 .............................................................
24 (e) a statement of what specific disposition of
25 residual funds will be made in the event of the dissolution
26 or termination of the committee:
27 .............................................................
28 .............................................................
29 (f) 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 .............................................................
33 .............................................................
34 (g) the amount of funds available for campaign
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1 expenditures as of the filing date of the committee's
2 statement of organization:
3 .............................................................
4 VERIFICATION:
5 "I declare that this statement of organization (including
6 any accompanying schedules and statements) has been examined
7 by me and to the best of my knowledge and belief is a true,
8 correct and complete statement of organization as required by
9 Article 9 of the Election Code. I understand that the penalty
10 for willfully filing a false or incomplete statement is a
11 business offense subject to a fine of up to $5,000 shall be a
12 fine not to exceed $500 or imprisonment in a penal
13 institution other than the penitentiary not to exceed 6
14 months, or both fine and imprisonment."
15 ................ ..........................................
16 (date of filing) (signature of person making the statement)
17 (Source: P.A. 90-495, eff. 1-1-98.)
18 (10 ILCS 5/9-23) (from Ch. 46, par. 9-23)
19 Sec. 9-23. Whenever the Board, pursuant to Section 9-21,
20 has issued an order, or has approved a written stipulation,
21 agreed settlement or consent order, directing a person
22 determined by the Board to be in violation of any provision
23 of this Article or any regulation adopted thereunder, to
24 cease or correct such violation or otherwise comply with this
25 Article and such person fails or refuses to comply with such
26 order, stipulation, settlement or consent order within the
27 time specified by the Board, the Board, after affording
28 notice and an opportunity for a public hearing, may impose a
29 civil penalty on such person in an amount not to exceed
30 $5,000; except that for State officers and candidates and
31 political committees formed for statewide office, the civil
32 penalty may not exceed $10,000. For the purpose of this
33 Section, "statewide office" and "State officer" means the
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1 Governor, Lieutenant Governor, Attorney General, Secretary of
2 State, Comptroller, and Treasurer.
3 Civil penalties imposed on any such person by the Board
4 shall be enforceable in the Circuit Court. The Board shall
5 petition the Court for an order to enforce collection of the
6 penalty and, if the Court finds it has jurisdiction over the
7 person against whom the penalty was imposed, the Court shall
8 issue the appropriate order. Any civil penalties collected
9 by the Court shall be forwarded to the State Treasurer.
10 In addition to or in lieu of the imposition of a civil
11 penalty, the board may report such violation and the failure
12 or refusal to comply with the order of the Board to the
13 Attorney General and the appropriate State's Attorney.
14 The name of a person who has not paid a civil penalty
15 imposed against him or her under this Section shall not
16 appear upon any ballot for any office in any election while
17 the penalty is unpaid.
18 (Source: P.A. 90-737, eff. 1-1-99.)
19 (10 ILCS 5/9-30 new)
20 Sec. 9-30. Ballot forfeiture. The name of a person who
21 has not paid a civil penalty imposed against his or her
22 political committee under this Article shall not appear upon
23 any ballot for any office in any election while the penalty
24 is unpaid. This Section applies to every political committee
25 that listed the candidate on its statement of organization or
26 was authorized by the candidate to raise or spend funds on
27 his or her behalf.
28 Section 10. The Raffles Act is amended by changing
29 Section 8.1 as follows:
30 (230 ILCS 15/8.1) (from Ch. 85, par. 2308.1)
31 Sec. 8.1. (a) Political Committees. For the purposes of
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1 this Section the terms defined in this subsection have the
2 meanings given them.
3 "Net Proceeds" means the gross receipts from the conduct
4 of raffles, less reasonable sums expended for prizes, license
5 fees and other reasonable operating expenses incurred as a
6 result of operating a raffle.
7 "Raffle" means a form of lottery, as defined in Section
8 28-2 (b) of the "Criminal Code of 1961", conducted by a
9 political committee licensed under this Section, in which:
10 (1) the player pays or agrees to pay something of
11 value for a chance, represented and differentiated by a
12 number or by a combination of numbers or by some other
13 medium, one or more of which chances is to be designated
14 the winning chance;
15 (2) the winning chance is to be determined through
16 a drawing or by some other method based on an element of
17 chance by an act or set of acts on the part of persons
18 conducting or connected with the lottery, except that the
19 winning chance shall not be determined by the outcome of
20 a publicly exhibited sporting contest.
21 "Unresolved claim" means a claim for civil penalty under
22 Sections 9-3, 9-10, and Section 9-23 of the Election Code
23 which has been begun by the State Board of Elections, has
24 been disputed by the political committee under the applicable
25 rules of the State Board of Elections, and has not been
26 finally decided either by the State Board of Elections, or,
27 where application for review has been made to the Courts of
28 Illinois, remains finally undecided by the Courts.
29 "Owes" means that a political committee has been finally
30 determined under applicable rules of the State Board of
31 Elections to be liable for a civil penalty under Sections
32 9-3, 9-10, and Section 9-23 of the Election Code.
33 (b) (1) Licenses issued pursuant to this Section shall
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1 be valid for one raffle or for a specified number of
2 raffles to be conducted during a specified period not to
3 exceed one year and may be suspended or revoked for any
4 violation of this Section. The State Board of Elections
5 shall act on a license application within 30 days from
6 the date of application.
7 (2) Licenses shall be issued only to political
8 committees which have been in existence continuously for
9 a period of 1 year immediately before making application
10 for a license and which have had during that entire 1
11 year period a bona fide membership engaged in carrying
12 out their objects.
13 (c) Licenses issued by the State Board of Elections are
14 subject to the following restrictions:
15 (1) No political committee shall conduct raffles or
16 chances without having first obtained a license therefor
17 pursuant to this Section.
18 (2) The application for license shall be prepared
19 in accordance with regulations of the State Board of
20 Elections and must specify the area or areas within the
21 State in which raffle chances will be sold or issued, the
22 time period during which raffle chances will be sold or
23 issued, the time of determination of winning chances and
24 the location or locations at which winning chances will
25 be determined.
26 (3) A license authorizes the licensee to conduct
27 raffles as defined in this Section.
28 The following are ineligible for any license under this
29 Section:
30 (i) any political committee which has an
31 officer who has been convicted of a felony;
32 (ii) any political committee which has an
33 officer who is or has been a professional gambler or
34 gambling promoter;
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1 (iii) any political committee which has an
2 officer who is not of good moral character;
3 (iv) any political committee which has an
4 officer who is also an officer of a firm or
5 corporation in which a person defined in (i), (ii)
6 or (iii) has a proprietary, equitable or credit
7 interest, or in which such a person is active or
8 employed;
9 (v) any political committee in which a person
10 defined in (i), (ii) or (iii) is an officer,
11 director, or employee, whether compensated or not;
12 (vi) any political committee in which a person
13 defined in (i), (ii) or (iii) is to participate in
14 the management or operation of a raffle as defined
15 in this Section;
16 (vii) any committee which, at the time of its
17 application for a license to conduct a raffle, owes
18 the State Board of Elections any unpaid civil
19 penalty authorized by Sections 9-3, 9-10, and
20 Section 9-23 of the Election Code, or is the subject
21 of an unresolved claim for a civil penalty under
22 Sections 9-3, 9-10, and Section 9-23 of the Election
23 Code;
24 (viii) any political committee which, at the
25 time of its application to conduct a raffle, has not
26 submitted any report or document required to be
27 filed by Article 9 of The Election Code and such
28 report or document is more than 10 days overdue.
29 (d) (1) The conducting of raffles is subject to the
30 following restrictions:
31 (i) The entire net proceeds of any raffle must
32 be exclusively devoted to the lawful purposes of the
33 political committee permitted to conduct that game.
34 (ii) No person except a bona fide member of
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1 the political committee may participate in the
2 management or operation of the raffle.
3 (iii) No person may receive any remuneration
4 or profit for participating in the management or
5 operation of the raffle.
6 (iv) Raffle chances may be sold or issued only
7 within the area specified on the license and winning
8 chances may be determined only at those locations
9 specified on the license.
10 (v) A person under the age of 18 years may
11 participate in the conducting of raffles or chances
12 only with the permission of a parent or guardian. A
13 person under the age of 18 years may be within the
14 area where winning chances are being determined only
15 when accompanied by his parent or guardian.
16 (2) If a lessor rents premises where a winning
17 chance or chances on a raffle are determined, the lessor
18 shall not be criminally liable if the person who uses the
19 premises for the determining of winning chances does not
20 hold a license issued under the provisions of this
21 Section.
22 (e) (1) Each political committee licensed to conduct
23 raffles and chances shall keep records of its gross
24 receipts, expenses and net proceeds for each single
25 gathering or occasion at which winning chances are
26 determined. All deductions from gross receipts for each
27 single gathering or occasion shall be documented with
28 receipts or other records indicating the amount, a
29 description of the purchased item or service or other
30 reason for the deduction, and the recipient. The
31 distribution of net proceeds shall be itemized as to
32 payee, purpose, amount and date of payment.
33 (2) Each political committee licensed to conduct
34 raffles shall report on the next report due to be filed
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1 under Article 9 of The Election Code its gross receipts,
2 expenses and net proceeds from raffles, and the
3 distribution of net proceeds itemized as required in this
4 subsection.
5 Such reports shall be included in the regular reports
6 required of political committees by Article 9 of The Election
7 Code.
8 (3) Records required by this subsection shall be
9 preserved for 3 years, and political committees shall
10 make available their records relating to operation of
11 raffles for public inspection at reasonable times and
12 places.
13 (f) Violation of any provision of this Section is a
14 Class C misdemeanor.
15 (g) Nothing in this Section shall be construed to
16 authorize the conducting or operating of any gambling scheme,
17 enterprise, activity or device other than raffles as provided
18 for herein.
19 (Source: P.A. 86-394; 86-1028; 86-1301; 87-1271.)
20 Section 99. Effective date. This Act takes effect upon
21 becoming law.