State of Illinois
91st General Assembly
Legislation

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[ Introduced ][ House Amendment 001 ]

91_SB1514eng

 
SB1514 Engrossed                               SRS91S0067PMcb

 1        AN  ACT  to  amend  the Election Code by changing Section
 2    9-10.

 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    Section 9-10 as follows:

 7        (10 ILCS 5/9-10) (from Ch. 46, par. 9-10)
 8        Sec. 9-10.  Financial reports.
 9        (a)  The treasurer of every state political committee and
10    the treasurer of every local political committee  shall  file
11    with  the  Board,  and the treasurer of every local political
12    committee shall  file  with  the  county  clerk,  reports  of
13    campaign  contributions,  and semi-annual reports of campaign
14    contributions and expenditures on forms to be  prescribed  or
15    approved  by  the  Board.   The  treasurer of every political
16    committee that acts as both a state political committee and a
17    local political committee shall file a copy  of  each  report
18    with  the  State  Board  of  Elections  and the county clerk.
19    Entities subject to Section 9-7.5 shall file reports required
20    by that Section at times provided in  this  Section  and  are
21    subject to the penalties provided in this Section.
22        (b)  Reports  of campaign contributions shall be filed no
23    later  than  the  15th  day  next  preceding  each   election
24    including  a  primary  election  in connection with which the
25    political   committee   has   accepted   or   is    accepting
26    contributions  or  has  made or is making expenditures.  Such
27    reports shall be complete as of the 30th day  next  preceding
28    each  election including a primary election.  The Board shall
29    assess a civil penalty not to exceed $5,000 for  a  violation
30    of  this  subsection,  except  that  for  State  officers and
31    candidates and  political  committees  formed  for  statewide
 
SB1514 Engrossed            -2-                SRS91S0067PMcb
 1    office,  the  civil penalty may not exceed $10,000. The fine,
 2    however, shall not exceed $500 for a first  filing  violation
 3    for  filing less than 10 days after the deadline. There shall
 4    be no fine if the report is mailed and postmarked at least 72
 5    hours prior to the filing deadline. For the purpose  of  this
 6    subsection,  "statewide office" and "State officer" means the
 7    Governor, Lieutenant Governor, Attorney General, Secretary of
 8    State, Comptroller, and  Treasurer.   However,  a  continuing
 9    political  committee  that  neither accepts contributions nor
10    makes expenditures on behalf  of  or  in  opposition  to  any
11    candidate  or  public  question  on the ballot at an election
12    shall  not  be  required  to  file  the  reports   heretofore
13    prescribed  but  may  file  in  lieu  thereof  a Statement of
14    Nonparticipation in the Election with the Board or the  Board
15    and the county clerk.
16        (b-5)  Notwithstanding  the provisions of subsection (b),
17    any contribution of $500 or  more  received  in  the  interim
18    between  the  last  date  of  the  period covered by the last
19    report filed under subsection (b) prior to the  election  and
20    the  date of the election shall be reported within 2 business
21    days after its receipt. The State Board  of  Elections  shall
22    allow  filings  under  this  subsection  (b-5)  to be made by
23    facsimile transmission. For the purpose of this subsection, a
24    contribution is considered received on the  date  the  public
25    official,  candidate,  or  political committee (or equivalent
26    person in the  case  of  a  reporting  entity  other  than  a
27    political  committee) actually receives it or, in the case of
28    goods or services, 2 days after the date the public official,
29    candidate, committee, or other reporting entity receives  the
30    certification  required  under subsection (b) of Section 9-6.
31    Failure to report each contribution is a  separate  violation
32    of  this  subsection.   The  Board  shall  impose  fines  for
33    violations of this subsection as follows:
34             (1)  if the political committee's or other reporting
 
SB1514 Engrossed            -3-                SRS91S0067PMcb
 1        entity's  total receipts, total expenditures, and balance
 2        remaining at the end of the last  reporting  period  were
 3        each  $5,000  or less, then $100 per business day for the
 4        first violation, $200 per business  day  for  the  second
 5        violation,  and  $300  per business day for the third and
 6        subsequent violations.
 7             (2)  if the political committee's or other reporting
 8        entity's total receipts, total expenditures, and  balance
 9        remaining  at  the  end of the last reporting period were
10        each more than $5,000, then $200 per business day for the
11        first violation, $400 per business  day  for  the  second
12        violation,  and  $600  per business day for the third and
13        subsequent violations.
14        (c)  In addition to such reports the treasurer  of  every
15    political   committee   shall  file  semi-annual  reports  of
16    campaign contributions and expenditures no  later  than  July
17    31st,  covering the period from January 1st through June 30th
18    immediately  preceding,  and  no  later  than  January  31st,
19    covering the period from July 1st through  December  31st  of
20    the  preceding  calendar  year.  Reports of contributions and
21    expenditures must be  filed  to  cover  the  prescribed  time
22    periods even though no contributions or expenditures may have
23    been  received  or  made  during  the period. The Board shall
24    assess a civil penalty not to exceed $5,000 for  a  violation
25    of  this  subsection,  except  that  for  State  officers and
26    candidates and  political  committees  formed  for  statewide
27    office,  the  civil penalty may not exceed $10,000. The fine,
28    however, shall not exceed $500 for a first  filing  violation
29    for  filing less than 10 days after the deadline. There shall
30    be no fine if the report is mailed and postmarked at least 72
31    hours prior to the filing deadline. For the purpose  of  this
32    subsection,  "statewide office" and "State officer" means the
33    Governor, Lieutenant Governor, Attorney General, Secretary of
34    State, Comptroller, and Treasurer.
 
SB1514 Engrossed            -4-                SRS91S0067PMcb
 1        (d)  A copy of each report or statement filed under  this
 2    Article  shall  be  preserved  by  the person filing it for a
 3    period of two years from the date of filing.
 4    (Source: P.A. 90-737, eff. 1-1-99.)

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