Public Act 90-0737 of the 90th General Assembly
Public Act 90-0737
HB0672 Enrolled LRB9003586MWpc
AN ACT concerning governmental ethics.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the
State Gift Ban Act.
Section 5. Definitions. As used in this Act:
"Commission" means an ethics commission created by this
Act.
"Employee" means all full-time, part-time, and
contractual employees, appointed and elected officials, and
directors of a governmental entity.
"Gift" means any gratuity, discount, entertainment,
hospitality, loan, forbearance, or other tangible or
intangible item having monetary value including, but not
limited to, cash, food and drink, and honoraria for speaking
engagements related to or attributable to government
employment or the official position of an employee, member,
officer, or judge.
"Governmental entity" means each office, board,
commission, agency, department, authority, institution,
university, body politic and corporate, administrative unit,
and corporate outgrowth of the executive, legislative, and
judicial branches of State government, whether created by the
Illinois Constitution, by or in accordance with statute, or
by executive order of the Governor.
"Judge" means judges and associate judges of the Supreme
Court, Appellate Courts, and Circuit Courts.
"Member" means a member of the General Assembly.
"Officer" means a State constitutional officer.
"Political organization" means a party, committee,
association, fund, or other organization (whether or not
incorporated) organized and operated primarily for the
purpose of directly or indirectly accepting contributions or
making expenditures, or both, for the function of influencing
or attempting to influence the selection, nomination,
election, or appointment of any individual to any federal,
state, or local public office or office in a political
organization, or the election of Presidential or
Vice-Presidential electors, whether or not the individual or
electors are selected, nominated, elected, or appointed. The
term includes the making of expenditures relating to an
office described in the preceding sentence that, if incurred
by the individual, would be allowable as a federal income tax
deduction for trade or business expenses.
"Prohibited source" means any person or entity who:
(1) is seeking official action (i) by the member,
officer, or judge or (ii) in the case of an employee, by
the employee or by the member, officer, judge,
governmental entity, or other employee directing the
employee;
(2) does business or seeks to do business (i) with
the member, officer, or judge or (ii) in the case of an
employee, with the employee or with the member, officer,
judge, governmental entity, or other employee directing
the employee;
(3) conducts activities regulated (i) by the
member, officer, or judge or (ii) in the case of an
employee, by the employee or by the member, officer,
judge, governmental entity, or other employee directing
the employee;
(4) has interests that may be substantially
affected by the performance or non-performance of the
official duties of the member, officer, employee, or
judge; or
(5) is registered or required to be registered with
the Secretary of State under the Lobbyist Registration
Act.
"Ultimate jurisdictional authority" means the following:
(1) For members, partisan staff, and their
secretaries, the appropriate legislative leader:
President of the Senate, Minority Leader of the Senate,
Speaker of the House of Representatives, or Minority
Leader of the House of Representatives.
(2) For State employees who are professional staff
or employees of the Senate and not covered under item
(1), the Senate Operations Commission.
(3) For State employees who are professional staff
or employees of the House of Representatives and not
covered under item (1), the Speaker of the House of
Representatives.
(4) For State employees who are employees of the
legislative support services agencies, the Joint
Committee on Legislative Support Services.
(5) For judges, the Chief Justice of the Supreme
Court.
(6) For State employees of the judicial branch, the
Administrative Office of the Illinois Courts.
(7) For State employees of an executive branch
constitutional officer, the appropriate executive branch
constitutional officer.
(8) For State employees not under the jurisdiction
of paragraph (1), (2), (3), (4), (5), (6), or (7), the
Governor.
(9) For officers, the General Assembly.
Section 10. Gift ban. Except as otherwise provided in
this Act, no member, officer, employee, or judge shall
solicit or accept any gift from any prohibited source or in
violation of any federal or State statute, rule, or
regulation. This ban applies to and includes spouses of and
immediate family living with the member, officer, employee,
or judge. No prohibited source shall offer or make a gift
that violates this Section.
Section 15. Exceptions. The restriction in Section 10
does not apply to the following:
(1) Anything for which the member, officer, employee, or
judge pays the market value or anything not used and promptly
disposed of as provided in Section 25.
(2) A contribution, as defined in Article 9 of the
Election Code that is lawfully made under that Act or
attendance at a fundraising event sponsored by a political
organization.
(3) A gift from a relative, meaning those people related
to the individual as father, mother, son, daughter, brother,
sister, uncle, aunt, great aunt, great uncle, first cousin,
nephew, niece, husband, wife, grandfather, grandmother,
grandson, granddaughter, father-in-law, mother-in-law,
son-in-law, daughter-in-law, brother-in-law, sister-in-law,
stepfather, stepmother, stepson, stepdaughter, stepbrother,
stepsister, half brother, half sister, and including the
father, mother, grandfather, or grandmother of the
individual's spouse and the individual's fiance or fiancee.
(4) Anything provided by an individual on the basis of a
personal friendship unless the member, officer, employee, or
judge has reason to believe that, under the circumstances,
the gift was provided because of the official position or
employment of the member, officer, employee, or judge and not
because of the personal friendship.
In determining whether a gift is provided on the basis of
personal friendship, the member, officer, employee, or judge
shall consider the circumstances under which the gift was
offered, such as:
(i) the history of the relationship between the
individual giving the gift and the recipient of the gift,
including any previous exchange of gifts between those
individuals;
(ii) whether to the actual knowledge of the member,
officer, employee, or judge the individual who gave the
gift personally paid for the gift or sought a tax
deduction or business reimbursement for the gift; and
(iii) whether to the actual knowledge of the
member, officer, employee, or judge the individual who
gave the gift also at the same time gave the same or
similar gifts to other members, officers, employees, or
judges.
(5) A commercially reasonable loan evidenced in writing
with repayment due by a date certain made in the ordinary
course of the lender's business.
(6) A contribution or other payments to a legal defense
fund established for the benefit of a member, officer,
employee, or judge that is otherwise lawfully made.
(7) Intra-office and inter-office gifts. For the
purpose of this Act, "intra-office gifts" means:
(i) any gift given to a member or employee of the
legislative branch from another member or employee of the
legislative branch;
(ii) any gift given to a judge or employee of the
judicial branch from another judge or employee of the
judicial branch;
(iii) any gift given to an officer or employee of
the executive branch from another officer or employee of
the executive branch;
(iv) any gift given to an officer or employee of a
unit of local government, home rule unit, or school
district, from another employee of that unit of local
government, home rule unit, or school district;
(v) any gift given to an officer or employee of any
other governmental entity not included in item (i), (ii),
(iii), or (iv), from another employee of that
governmental entity; or
(vi) any gift given to a member or employee of the
legislative branch, a judge or employee of the judicial
branch, an officer or employee of the executive branch,
an officer or employee of a unit of local government,
home rule unit, or school district, or an officer or
employee of any other governmental entity not included in
item (i), (ii), (iii), or (iv) from a member or employee
of the legislative branch, a judge or employee of the
judicial branch, an officer or employee of the executive
branch, an officer or employee of a unit of local
government, home rule unit, or school district, or an
officer or employee of any other governmental entity.
(8) Food, refreshments, lodging, transportation, and
other benefits:
(i) resulting from the outside business or
employment activities (or outside activities that are not
connected to the duties of the member, officer, employee,
or judge, as an office holder or employee) of the member,
officer, employee, judge, or the spouse of the member,
officer, employee, or judge, if the benefits have not
been offered or enhanced because of the official position
or employment of the member, officer, employee, or judge
and are customarily provided to others in similar
circumstances;
(ii) customarily provided by a prospective employer
in connection with bona fide employment discussions; or
(iii) provided by a political organization in
connection with a fundraising or campaign event sponsored
by that organization.
(9) Pension and other benefits resulting from continued
participation in an employee welfare and benefits plan
maintained by a former employer.
(10) Informational materials that are sent to the office
of the member, officer, employee, or judge in the form of
books, articles, periodicals, other written materials,
audiotapes, videotapes, or other forms of communication.
(11) Awards or prizes that are given to competitors in
contests or events open to the public, including random
drawings.
(12) Honorary degrees (and associated travel, food,
refreshments, and entertainment provided in the presentation
of degrees and awards).
(13) Training (including food and refreshments furnished
to all attendees as an integral part of the training)
provided to a member, officer, employee, or judge, if the
training is in the interest of the governmental entity.
(14) Educational missions, including meetings with
government officials either foreign or domestic, intended to
educate public officials on matters of public policy, to
which the member, officer, employee, or judge may be invited
to participate along with other federal, state, or local
public officials and community leaders.
(15) Bequests, inheritances, and other transfers at
death.
(16) Anything that is paid for by the federal
government, the State, or a governmental entity, or secured
by the government or governmental entity under a government
contract.
(17) A gift of personal hospitality of an individual
other than a registered lobbyist or agent of a foreign
principal, including hospitality extended for a nonbusiness
purpose by an individual, not a corporation or organization,
at the personal residence of that individual or the
individual's family or on property or facilities owned by
that individual or the individual's family.
(18) Free attendance at a widely attended event
permitted under Section 20.
(19) Opportunities and benefits that are:
(i) available to the public or to a class
consisting of all employees, officers, members, or
judges, whether or not restricted on the basis of
geographic consideration;
(ii) offered to members of a group or class in
which membership is unrelated to employment or official
position;
(iii) offered to members of an organization such as
an employee's association or credit union, in which
membership is related to employment or official position
and similar opportunities are available to large segments
of the public through organizations of similar size;
(iv) offered to any group or class that is not
defined in a manner that specifically discriminates among
government employees on the basis of branch of government
or type of responsibility, or on a basis that favors
those of higher rank or rate of pay;
(v) in the form of loans from banks and other
financial institutions on terms generally available to
the public; or
(vi) in the form of reduced membership or other
fees for participation in organization activities offered
to all government employees by professional organizations
if the only restrictions on membership relate to
professional qualifications.
(20) A plaque, trophy, or other item that is
substantially commemorative in nature and that is extended
for presentation.
(21) Golf or tennis; food or refreshments of nominal
value and catered food or refreshments; meals or beverages
consumed on the premises from which they were purchased.
(22) Donations of products from an Illinois company that
are intended primarily for promotional purposes, such as
display or free distribution, and are of minimal value to any
individual recipient.
(23) An item of nominal value such as a greeting card,
baseball cap, or T-shirt.
Section 20. Attendance at events.
(a) A member, officer, employee, or judge may accept an
offer of free attendance at a widely attended convention,
conference, symposium, forum, panel discussion, dinner,
viewing, reception, or similar event, provided by the sponsor
of the event, if:
(1) the member, officer, employee, or judge
participates in the event as a speaker or a panel
participant, by presenting information related to
government, or by performing a ceremonial function
appropriate to the member's, officer's, employee's, or
judge's official position or employment; or
(2) attendance at the event is appropriate to the
performance of civic affairs in Illinois or the official
duties or representative function of the member, officer,
employee, or judge.
(b) A member, officer, employee, or judge who attends an
event described in subsection (a) may accept a sponsor's
unsolicited offer of free attendance at the event for an
accompanying individual.
(c) A member, officer, employee, or judge, or the spouse
or dependent thereof, may accept a sponsor's unsolicited
offer of free attendance at a charity event, except that
reimbursement for transportation and lodging may not be
accepted in connection with the event.
(d) For purposes of this Section, the term "free
attendance" may include waiver of all or part of a conference
or other fee, the provision of transportation, or the
provision of food, refreshments, entertainment, and
instructional materials furnished to all attendees as an
integral part of the event. The term does not include
entertainment collateral to the event, nor does it include
food or refreshments taken other than in a group setting with
all or substantially all other attendees, except as
authorized under subsection (21) of Section 15.
Section 25. Disposition of gifts. The recipient of a
gift that is given in violation of this Act may, at his or
her discretion, return the item to the donor or give the item
or an amount equal to its value to an appropriate charity.
Section 30. Reimbursement.
(a) A reimbursement (including payment in kind) to a
member, officer, employee, or judge from a private source
other than a registered lobbyist or agent of a foreign
principal for necessary transportation, lodging, and related
expenses for travel to a meeting, speaking engagement, fact
finding trip, or similar event in connection with the duties
of the member, officer, employee, or judge as an office
holder or employee shall be deemed to be a reimbursement to
the governmental entity and not a gift prohibited by this Act
if the member, officer, employee, or judge:
(1) discloses the expenses reimbursed or to be
reimbursed and the authorization to the Clerk of the
House of Representatives, the Secretary of the Senate,
the State Comptroller, fiscal officer, or similar
authority as appropriate, within 30 days after the travel
is completed; and
(2) in the case of an employee, receives advance
authorization, from the member, officer, judge, or other
employee under whose direct supervision the employee
works to accept reimbursement.
(b) For purposes of subsection (a), events, the
activities of which are substantially recreational in nature,
shall not be considered to be in connection with the duties
of a member, officer, employee, or judge as an office holder
or employee.
(c) Each advance authorization to accept reimbursement
shall be signed by the member, officer, judge, or other
employee under whose direct supervision the employee works
and shall include:
(1) the name of the employee;
(2) the name of the person who will make the
reimbursement;
(3) the time, place, and purpose of the travel; and
(4) a determination that the travel is in
connection with the duties of the employee as an employee
and would not create the appearance that the employee is
using public employment for private gain.
(d) Each disclosure made under subsection (a) of
expenses reimbursed or to be reimbursed shall be signed by
the member, officer, or judge (in the case of travel by the
member, officer, or judge) or by the member, officer, judge,
or other employee under whose direct supervision the employee
works (in the case of travel by an employee) and shall
include:
(1) a good faith estimate of total transportation
expenses reimbursed or to be reimbursed;
(2) a good faith estimate of total lodging expenses
reimbursed or to be reimbursed;
(3) a good faith estimate of total meal expenses
reimbursed or to be reimbursed;
(4) a good faith estimate of the total of other
expenses reimbursed or to be reimbursed; and
(5) a determination that all those expenses are
necessary transportation, lodging, and related expenses.
Section 35. Ethics Officer. Each officer and the head of
each governmental entity shall designate an Ethics Officer
for the office or governmental entity. For the legislative
branch, the President and Minority Leader of the Senate and
the Speaker and Minority Leader of the House of
Representatives shall each appoint an ethics officer for the
legislative members of their political party. Ethics Officers
shall:
(1) review statements of economic interest and
disclosure forms of members, officers, judges, senior
employees, and contract monitors before they are filed
with the Secretary of State; and
(2) provide guidance to members, officers,
employees, and judges in the interpretation and
implementation of this Act.
Section 40. Further restrictions. A governmental entity
may adopt or maintain policies that are more restrictive than
those set forth in this Act and shall continue to follow any
existing policies, statutes, or regulations that are more
restrictive or are in addition to those set forth in this
Act.
Section 45. Ethics Commissions.
(a) Ethics Commissions are created for the branches of
government as provided in this Section. The initial
appointments to each commission shall be made within 60 days
after the effective date of this Act. The appointing
authorities shall appoint commissioners who have experience
holding governmental office or employment and shall appoint
commissioners from the general public or from within the
appointing authority's branch of government. With respect to
each of the ethics commissions designated in items (1), (2),
(3), (4), and (5), no more than 4 of the 7 appointees shall
be of the same political party. The appointee shall
establish his or her political party affiliation by his or
her last record of voting in a party primary election.
(1) For the ethics commission of the Governor there
shall be 7 commissioners appointed by the Governor. This
ethics commission shall have jurisdiction over all of the
executive branch of State government except the officers
specified in items (2), (3), (4), and (5) and their
employees.
(2) For the ethics commission of the Attorney
General there shall be 7 commissioners appointed by the
Attorney General.
(3) For the ethics commission of the Secretary of
State there shall be 7 commissioners appointed by the
Secretary of State.
(4) For the ethics commission of the Comptroller
there shall be 7 commissioners appointed by the
Comptroller.
(5) For the ethics commission of the Treasurer
there shall be 7 commissioners appointed by the
Treasurer.
(6) For the ethics commission of the legislative
branch there shall be 8 commissioners. The Speaker and
the Minority Leader of the House of Representatives and
the President and the Minority Leader of the Senate shall
each appoint 2 commissioners.
(7) For the ethics commission of the judicial
branch there shall be 6 commissioners. The Chief Justice
of the Supreme Court shall appoint the commissioners with
the concurrence of 3 other Supreme Court Judges.
(b) At the first meeting of each commission, the initial
appointees shall draw lots to divide into 2 groups.
Commissioners of the first group shall serve 2-year terms,
and commissioners of the second group shall serve one-year
terms. Thereafter commissioners shall be appointed to 2-year
terms. Commissioners may be reappointed to serve subsequent
terms.
(c) The respective appointing authority or authorities
may remove a commissioner appointed by that authority or
those authorities in case of incompetency, neglect of duty,
or malfeasance in office after service on the commissioner by
certified mail, return receipt requested, of a copy of the
written charges against the commissioner and an opportunity
to be heard in person or by counsel upon not less than 10
days' notice. Vacancies shall be filled by the appropriate
appointing authority or authorities.
(d) Each commission shall meet as often as necessary to
perform its duties. Except for the ethics commission for the
legislative branch, at the first meeting of each commission
the commissioners shall choose a chairperson from their
number. For the ethics commission for the legislative branch,
the President of the Senate and whichever of the Speaker or
Minority Leader of the House is of the same political party
as the President shall jointly designate one member as
co-chair; the other 2 legislative leaders shall jointly
designate the other co-chair. Meetings shall be held at the
call of the chairperson or any 2 commissioners. Official
action by the commission shall require the affirmative vote
of the number of commissioners provided in this subsection,
and a quorum shall consist of the number of commissioners
provided in this subsection. The number of commissioners
required for a quorum and the affirmative vote of each ethics
commission shall be as follows: for the Governor, 4; for the
Attorney General, 4; for the Secretary of State, 4; for the
Treasurer, 4; for the Comptroller, 4; for the legislative
branch, 5; for the judicial branch, 4. Commissioners may be
reimbursed for their reasonable expenses actually incurred in
the performance of their duties.
Section 50. Staff. Each commission may employ necessary
staff persons and may contract for services that cannot be
satisfactorily performed by the staff.
Section 55. Powers and duties. Each commission shall
have the following powers and duties:
(1) To promulgate procedures and rules governing the
performance of its duties and the exercise of its powers.
(2) Upon receipt of a signed, notarized, written
complaint, to investigate, conduct research, conduct closed
hearings and deliberations, issue recommendations, and impose
a fine.
(3) To act only upon the receipt of a written complaint
alleging a violation of this Act and not upon its own
prerogative.
(4) To receive information from the public pertaining to
its investigations and to require additional information and
documents from persons who may have violated this Act.
(5) To subpoena witnesses and compel the production of
books and papers pertinent to an investigation authorized by
this Act.
(6) To request that the Attorney General provide legal
advice without charge to the commission.
(7) To prepare and publish manuals and guides explaining
the duties of individuals covered by this Act.
(8) To prepare public information materials to
facilitate compliance, implementation, and enforcement of
this Act.
(9) To submit to each commissioner's respective
appointing authority or authorities an annual statistical
report for each year consisting of (i) the number of
complaints filed, (ii) the number of complaints deemed to
sufficiently allege a violation of this Act, (iii) the
recommendation, fine, or decision issued for each complaint,
(iv) the number of complaints resolved, and (v) the status of
pending complaints.
The powers and duties of a commission are limited to
matters clearly within the purview of this Act.
Section 60. Complaint procedure.
(a) Complaints alleging the violation of this Act shall
be filed with the appropriate ethics commission as follows:
(1) If the complaint alleges a violation by an
officer or employee of the executive branch of State
government, then the complaint shall be filed with the
appropriate ethics commission within the executive
branch.
(2) If the complaint alleges a violation by a judge
or employee of the judicial branch of government, then
the complaint shall be filed with the judicial ethics
commission.
(3) If the complaint alleges a violation by a
member or employee of the legislative branch of State
government or any employee not included within paragraphs
(1) or (2), then the complaint shall be filed with the
legislative ethics commission.
Any complaint received by or incident reported to a
member, officer, employee, judge, or governmental entity
alleging the violation of this Act shall be forwarded to the
appropriate commission. The complaint shall not be properly
filed until submitted to the appropriate commission.
(b) Within 3 business days after the receipt of an
ethics complaint, the commission shall send by certified
mail, return receipt requested, a notice to the respondent
that a complaint has been filed against him or her and a copy
of the complaint. The commission shall send by certified
mail, return receipt requested, a confirmation of the receipt
of the complaint to the complainant within 3 business days
after the submittal to the commission. The notices to the
respondent and the complainant shall also advise them of the
date, time, and place of the meeting on the sufficiency of
the complaint and probable cause.
(c) Upon at least 24 hours' public notice of the
session, the commission shall meet in a closed session to
review the sufficiency of the complaint and, if the complaint
is deemed to sufficiently allege a violation of this Act, to
determine if there is probable cause, based on evidence
presented by the complainant, to proceed. The commission
shall issue notice to the complainant and the respondent of
the commission's ruling on the sufficiency of the complaint
and, if necessary, on probable cause within 7 business days
after receiving the complaint. If the complaint is deemed to
sufficiently allege a violation of this Act and there is a
determination of probable cause, then the commission's notice
to the parties shall include a hearing date scheduled within
4 weeks after the complaint's receipt. If the complaint is
deemed not to sufficiently allege a violation or if there is
no determination of probable cause, then the commission shall
send by certified mail, return receipt requested, a notice to
the parties of the decision to dismiss the complaint, and
that notice shall be made public.
(d) On the scheduled date and upon at least 24 hours'
public notice of the meeting, the commission shall conduct a
closed meeting on the complaint and allow both parties the
opportunity to present testimony and evidence.
(e) Within 6 weeks after the complaint's receipt, the
commission shall (i) dismiss the complaint or (ii) issue a
preliminary recommendation to the alleged violator and to the
violator's ultimate jurisdictional authority or impose a fine
upon the violator, or both. The particular findings in the
instant case, the preliminary recommendation, and any fine
shall be made public.
(f) Within 7 business days after the issuance of the
preliminary recommendation or imposition of a fine, or both,
the respondent may file a written demand for a public hearing
on the complaint. The filing of the demand shall stay the
enforcement of the preliminary recommendation or fine.
Within 2 weeks after receiving the demand, the commission
shall conduct a public hearing on the complaint after at
least 24 hours' public notice of the hearing and allow both
parties the opportunity to present testimony and evidence.
Within 5 business days, the commission shall publicly issue a
final recommendation to the alleged violator and to the
violator's ultimate jurisdictional authority or impose a fine
upon the violator, or both.
(g) If a complaint is filed during the 60 days preceding
the date of any election at which the respondent is a
candidate, the commission shall render its decision as
required under subsection (e) within 7 days after the
complaint is filed, and during the 7 days preceding that
election, the commission shall render such decision before
the date of that election, if possible.
(h) A commission may levy a fine of up to $5,000 against
any person who knowingly files a frivolous complaint alleging
a violation of this Act.
(i) A complaint alleging the violation of this Act must
be filed within one year after the alleged violation.
Section 65. Enforcement.
(a) A commission may recommend to a person's ultimate
jurisdictional authority disciplinary action against the
person it determines to be in violation of this Act. The
recommendation may prescribe the following courses of action:
(1) A reprimand.
(2) To cease and desist the offensive action.
(3) A return or refund of money or other items, or
an amount of restitution for services, received in
violation of this Act.
(4) Dismissal, removal from office, impeachment, or
expulsion.
(5) Donation to a charity of an amount equal to the
gift.
(b) A commission may impose a fine of up to $1,000 per
violation to be deposited into the General Revenue Fund.
(c) The ultimate jurisdictional authority of a person
who violates an ethics provision may take disciplinary action
against the person as recommended by a commission or as it
deems appropriate, to the extent it is constitutionally
permissible for the ultimate jurisdictional authority to take
that action. The ultimate jurisdictional authority shall make
its action, or determination to take no action, available to
the public.
(d) If after a hearing the commission finds no violation
of this Act, the commission shall dismiss the complaint.
Section 70. Penalty. An individual who knowingly
violates this Act is guilty of a business offense and subject
to a fine of up to $5,000.
Section 75. Review. A commission's decision to dismiss
a complaint or its recommendation is not a final
administrative decision, but its imposition of a fine is a
final administrative decision subject to judicial review
under the Administrative Review Law of the Code of Civil
Procedure.
Section 80. Exemption. The proceedings conducted and
documents generated under this Act are exempt from the
provisions of the Open Meetings Act and the Freedom of
Information Act.
Section 83. Units of local government; school districts.
Within 6 months after the effective date of this Act, units
of local government, home rule units, and school districts
shall prohibit the solicitation and acceptance of gifts, and
shall enforce those prohibitions, in a manner substantially
in accordance with the requirements of this Act and shall
adopt provisions no less restrictive than the provisions of
this Act. Non-salaried appointed or elected officials may be
exempted.
Section 85. Home rule preemption. A home rule unit may
not regulate the prohibition of gifts to members, officers,
employees, or judges or the enforcement of these provisions
in a manner inconsistent with this Act. This Section is a
limitation under subsection (i) of Section 6 of Article VII
of the Illinois Constitution on the concurrent exercise by
home rule units of powers and functions exercised by the
State.
Section 95. Effect on Executive Order or similar rule.
This Act supersedes the ethics reforms provided for in (i)
Part I (Ban On Gifts To State Employees From Prohibited
Sources) contained in Executive Order No. 2 (1997) and (ii)
any other executive, administrative, or similar order,
policy, or rule promulgated by an officer, member, judge,
employee, or governmental entity that conflicts with or is
less restrictive than this Act.
Section 205. The Open Meetings Act is amended by
changing Section 1.02 as follows:
(5 ILCS 120/1.02) (from Ch. 102, par. 41.02)
Sec. 1.02. For the purposes of this Act:
"Meeting" means any gathering of a majority of a quorum
of the commissioners of a public body held for the purpose of
discussing public business.
"Public body" includes all legislative, executive,
administrative or advisory bodies of the state, counties,
townships, cities, villages, incorporated towns, school
districts and all other municipal corporations, boards,
bureaus, committees or commissions of this State, and any
subsidiary bodies of any of the foregoing including but not
limited to committees and subcommittees which are supported
in whole or in part by tax revenue, or which expend tax
revenue, except the General Assembly and committees or
commissions thereof. "Public body" includes tourism boards
and convention or civic center boards located in counties
that are contiguous to the Mississippi River with populations
of more than 250,000 but less than 300,000. "Public body"
does not include a child death review team established under
the Child Death Review Team Act or an ethics commission,
ethics officer, or ultimate jurisdictional authority acting
under the State Gift Ban Act as provided by Section 80 of
that Act.
(Source: P.A. 90-517, eff. 8-22-97.)
Section 210. The Freedom of Information Act is amended
by changing Section 7 as follows:
(5 ILCS 140/7) (from Ch. 116, par. 207)
Sec. 7. Exemptions.
(1) The following shall be exempt from inspection and
copying:
(a) Information specifically prohibited from
disclosure by federal or State law or rules and
regulations adopted under federal or State law.
(b) Information that, if disclosed, would
constitute a clearly unwarranted invasion of personal
privacy, unless the disclosure is consented to in writing
by the individual subjects of the information. The
disclosure of information that bears on the public duties
of public employees and officials shall not be considered
an invasion of personal privacy. Information exempted
under this subsection (b) shall include but is not
limited to:
(i) files and personal information maintained
with respect to clients, patients, residents,
students or other individuals receiving social,
medical, educational, vocational, financial,
supervisory or custodial care or services directly
or indirectly from federal agencies or public
bodies;
(ii) personnel files and personal information
maintained with respect to employees, appointees or
elected officials of any public body or applicants
for those positions;
(iii) files and personal information
maintained with respect to any applicant, registrant
or licensee by any public body cooperating with or
engaged in professional or occupational
registration, licensure or discipline;
(iv) information required of any taxpayer in
connection with the assessment or collection of any
tax unless disclosure is otherwise required by State
statute; and
(v) information revealing the identity of
persons who file complaints with or provide
information to administrative, investigative, law
enforcement or penal agencies; provided, however,
that identification of witnesses to traffic
accidents, traffic accident reports, and rescue
reports may be provided by agencies of local
government, except in a case for which a criminal
investigation is ongoing, without constituting a
clearly unwarranted per se invasion of personal
privacy under this subsection.
(c) Records compiled by any public body for
administrative enforcement proceedings and any law
enforcement or correctional agency for law enforcement
purposes or for internal matters of a public body, but
only to the extent that disclosure would:
(i) interfere with pending or actually and
reasonably contemplated law enforcement proceedings
conducted by any law enforcement or correctional
agency;
(ii) interfere with pending administrative
enforcement proceedings conducted by any public
body;
(iii) deprive a person of a fair trial or an
impartial hearing;
(iv) unavoidably disclose the identity of a
confidential source or confidential information
furnished only by the confidential source;
(v) disclose unique or specialized
investigative techniques other than those generally
used and known or disclose internal documents of
correctional agencies related to detection,
observation or investigation of incidents of crime
or misconduct;
(vi) constitute an invasion of personal
privacy under subsection (b) of this Section;
(vii) endanger the life or physical safety of
law enforcement personnel or any other person; or
(viii) obstruct an ongoing criminal
investigation.
(d) Criminal history record information maintained
by State or local criminal justice agencies, except the
following which shall be open for public inspection and
copying:
(i) chronologically maintained arrest
information, such as traditional arrest logs or
blotters;
(ii) the name of a person in the custody of a
law enforcement agency and the charges for which
that person is being held;
(iii) court records that are public;
(iv) records that are otherwise available
under State or local law; or
(v) records in which the requesting party is
the individual identified, except as provided under
part (vii) of paragraph (c) of subsection (1) of
this Section.
"Criminal history record information" means data
identifiable to an individual and consisting of
descriptions or notations of arrests, detentions,
indictments, informations, pre-trial proceedings, trials,
or other formal events in the criminal justice system or
descriptions or notations of criminal charges (including
criminal violations of local municipal ordinances) and
the nature of any disposition arising therefrom,
including sentencing, court or correctional supervision,
rehabilitation and release. The term does not apply to
statistical records and reports in which individuals are
not identified and from which their identities are not
ascertainable, or to information that is for criminal
investigative or intelligence purposes.
(e) Records that relate to or affect the security
of correctional institutions and detention facilities.
(f) Preliminary drafts, notes, recommendations,
memoranda and other records in which opinions are
expressed, or policies or actions are formulated, except
that a specific record or relevant portion of a record
shall not be exempt when the record is publicly cited and
identified by the head of the public body. The exemption
provided in this paragraph (f) extends to all those
records of officers and agencies of the General Assembly
that pertain to the preparation of legislative documents.
(g) Trade secrets and commercial or financial
information obtained from a person or business where the
trade secrets or information are proprietary, privileged
or confidential, or where disclosure of the trade secrets
or information may cause competitive harm, including all
information determined to be confidential under Section
4002 of the Technology Advancement and Development Act.
Nothing contained in this paragraph (g) shall be
construed to prevent a person or business from consenting
to disclosure.
(h) Proposals and bids for any contract, grant, or
agreement, including information which if it were
disclosed would frustrate procurement or give an
advantage to any person proposing to enter into a
contractor agreement with the body, until an award or
final selection is made. Information prepared by or for
the body in preparation of a bid solicitation shall be
exempt until an award or final selection is made.
(i) Valuable formulae, designs, drawings and
research data obtained or produced by any public body
when disclosure could reasonably be expected to produce
private gain or public loss.
(j) Test questions, scoring keys and other
examination data used to administer an academic
examination or determined the qualifications of an
applicant for a license or employment.
(k) Architects' plans and engineers' technical
submissions for projects not constructed or developed in
whole or in part with public funds and for projects
constructed or developed with public funds, to the extent
that disclosure would compromise security.
(l) Library circulation and order records
identifying library users with specific materials.
(m) Minutes of meetings of public bodies closed to
the public as provided in the Open Meetings Act until the
public body makes the minutes available to the public
under Section 2.06 of the Open Meetings Act.
(n) Communications between a public body and an
attorney or auditor representing the public body that
would not be subject to discovery in litigation, and
materials prepared or compiled by or for a public body in
anticipation of a criminal, civil or administrative
proceeding upon the request of an attorney advising the
public body, and materials prepared or compiled with
respect to internal audits of public bodies.
(o) Information received by a primary or secondary
school, college or university under its procedures for
the evaluation of faculty members by their academic
peers.
(p) Administrative or technical information
associated with automated data processing operations,
including but not limited to software, operating
protocols, computer program abstracts, file layouts,
source listings, object modules, load modules, user
guides, documentation pertaining to all logical and
physical design of computerized systems, employee
manuals, and any other information that, if disclosed,
would jeopardize the security of the system or its data
or the security of materials exempt under this Section.
(q) Documents or materials relating to collective
negotiating matters between public bodies and their
employees or representatives, except that any final
contract or agreement shall be subject to inspection and
copying.
(r) Drafts, notes, recommendations and memoranda
pertaining to the financing and marketing transactions of
the public body. The records of ownership, registration,
transfer, and exchange of municipal debt obligations, and
of persons to whom payment with respect to these
obligations is made.
(s) The records, documents and information relating
to real estate purchase negotiations until those
negotiations have been completed or otherwise terminated.
With regard to a parcel involved in a pending or actually
and reasonably contemplated eminent domain proceeding
under Article VII of the Code of Civil Procedure,
records, documents and information relating to that
parcel shall be exempt except as may be allowed under
discovery rules adopted by the Illinois Supreme Court.
The records, documents and information relating to a real
estate sale shall be exempt until a sale is consummated.
(t) Any and all proprietary information and records
related to the operation of an intergovernmental risk
management association or self-insurance pool or jointly
self-administered health and accident cooperative or
pool.
(u) Information concerning a university's
adjudication of student or employee grievance or
disciplinary cases, to the extent that disclosure would
reveal the identity of the student or employee and
information concerning any public body's adjudication of
student or employee grievances or disciplinary cases,
except for the final outcome of the cases.
(v) Course materials or research materials used by
faculty members.
(w) Information related solely to the internal
personnel rules and practices of a public body.
(x) Information contained in or related to
examination, operating, or condition reports prepared by,
on behalf of, or for the use of a public body responsible
for the regulation or supervision of financial
institutions or insurance companies, unless disclosure is
otherwise required by State law.
(y) Information the disclosure of which is
restricted under Section 5-108 of the Public Utilities
Act.
(z) Manuals or instruction to staff that relate to
establishment or collection of liability for any State
tax or that relate to investigations by a public body to
determine violation of any criminal law.
(aa) Applications, related documents, and medical
records received by the Experimental Organ
Transplantation Procedures Board and any and all
documents or other records prepared by the Experimental
Organ Transplantation Procedures Board or its staff
relating to applications it has received.
(bb) Insurance or self insurance (including any
intergovernmental risk management association or self
insurance pool) claims, loss or risk management
information, records, data, advice or communications.
(cc) Information and records held by the Department
of Public Health and its authorized representatives
relating to known or suspected cases of sexually
transmissible disease or any information the disclosure
of which is restricted under the Illinois Sexually
Transmissible Disease Control Act.
(dd) Information the disclosure of which is
exempted under Section 30 of the Radon Industry Licensing
Act.
(ee) Firm performance evaluations under Section 55
of the Architectural, Engineering, and Land Surveying
Qualifications Based Selection Act.
(ff) Security portions of system safety program
plans, investigation reports, surveys, schedules, lists,
data, or information compiled, collected, or prepared by
or for the Regional Transportation Authority under
Section 2.11 of the Regional Transportation Authority Act
or the State of Missouri under the Bi-State Transit
Safety Act.
(gg) (ff) Information the disclosure of which is
restricted and exempted under Section 50 of the Illinois
Prepaid Tuition Act.
(hh) Information the disclosure of which is
exempted under Section 80 of the State Gift Ban Act.
(2) This Section does not authorize withholding of
information or limit the availability of records to the
public, except as stated in this Section or otherwise
provided in this Act.
(Source: P.A. 90-262, eff. 7-30-97; 90-273, eff. 7-30-97;
90-546, eff. 12-1-97; revised 12-24-97.)
(5 ILCS 420/3-101 rep.)
Section 215. The Illinois Governmental Ethics Act is
amended by repealing Section 3-101.
Section 220. The Election Code is amended by changing
Sections 9-1.7, 9-1.8, 9-1.9, 9-1.12, 9-3, 9-6, 9-10, 9-11,
9-12, 9-13, 9-14, 9-23, 9-26, and 9-28 and adding Sections
9-7.5, 9-8.10, 9-8.15, 9-9.5, and 9-27.5 as follows:
(10 ILCS 5/9-1.7) (from Ch. 46, par. 9-1.7)
Sec. 9-1.7. "Local political committee" means the
candidate himself or any individual, trust, partnership,
committee, association, corporation, or any other
organization or group of persons which--
(a) accepts contributions or grants or makes
expenditures during any 12-month period in an aggregate
amount exceeding $3,000 $1,000 on behalf of or in opposition
to a candidate or candidates for public office who are
required by the Illinois Governmental Ethics Act to file
statements of economic interests with the county clerk, or on
behalf of or in opposition to a candidate or candidates for
election to the office of ward or township committeeman in
counties of 3,000,000 or more population.
(b) accepts contributions or makes expenditures during
any 12-month period in an aggregate amount exceeding $3,000
$1,000 in support of or in opposition to any question of
public policy to be submitted to the electors of an area
encompassing no more than one county, or
(c) accepts contributions or makes expenditures during
any 12-month period in an aggregate amount exceeding $3,000
$1,000 and has as its primary purpose the furtherance of
governmental, political or social values, is organized on a
not-for-profit basis, and which publicly endorses or publicly
opposes a candidate or candidates for public office who are
required by the Illinois Governmental Ethics Act to file
statements of economic interest with the County Clerk or a
candidate or candidates for the office of ward or township
committeeman in counties of 3,000,000 or more population.
(Source: P.A. 89-405, eff. 11-8-95.)
(10 ILCS 5/9-1.8) (from Ch. 46, par. 9-1.8)
Sec. 9-1.8. "State political committee" means the
candidate himself or any individual, trust, partnership,
committee, association, corporation, or any other
organization or group of persons which--
(a) accepts contributions or grants or makes
expenditures during any 12-month period in an aggregate
amount exceeding $3,000 $1,000 on behalf of or in opposition
to a candidate or candidates for public office who are
required by the Illinois Governmental Ethics Act to file
statements of economic interests with the Secretary of State,
(b) accepts contributions or makes expenditures during
any 12-month period in an aggregate amount exceeding $3,000
in support of or in opposition to any question of public
policy to be submitted to the electors of an area
encompassing more than one county, or
(c) accepts contributions or makes expenditures during
any 12-month period in an aggregate amount exceeding $3,000
$1,000 ($3,000 in the case of question of public policy to be
submitted to the electors of an area encompassing more than
one county) and has as its primary purpose the furtherance of
governmental, political or social values, is organized on a
not-for-profit basis, and which publicly endorses or publicly
opposes a candidate or candidates for public office who are
required by the Illinois Governmental Ethics Act to file
statements of economic interest with the Secretary of State.
(Source: P.A. 80-1495.)
(10 ILCS 5/9-1.9) (from Ch. 46, par. 9-1.9)
Sec. 9-1.9. "Political committee" includes State central
and county central committees of any political party, and
also includes local political committees and state political
committees, but does not include any candidate who does not
accept contributions or make expenditures during any 12-month
period in an aggregate amount exceeding $3,000 $1,000, nor
does it include, with the exception of State central and
county central committees of any political party, any
individual, trust, partnership, committee, association,
corporation, or any other organization or group of persons
which does not accept contributions or make expenditures
during any 12-month period in an aggregate amount exceeding
$3,000 $1,000 on behalf of or in opposition to a candidate or
candidates or to any question of public policy to be
submitted to the electors of an area encompassing no more
than one county (or $3,000 in support of or in opposition to
any question of public policy to be submitted to the electors
of an area encompassing more than one county), and such
candidates and persons shall not be required to comply with
any filing provisions in this Article.
(Source: P.A. 80-767.)
(10 ILCS 5/9-1.12) (from Ch. 46, par. 9-1.12)
Sec. 9-1.12. Anything of value includes all things,
services, or goods, regardless of whether they may be valued
in monetary terms according to ascertainable market value.
Anything of value which does not have an ascertainable market
value must may be reported by describing the thing, services,
or goods contributed and by using the contributor's certified
market value required under Section 9-6.
(Source: P.A. 78-1183.)
(10 ILCS 5/9-3) (from Ch. 46, par. 9-3)
Sec. 9-3. Every state political committee and every
local political committee shall file with the State Board of
Elections, and every local political committee shall file
with the county clerk, a statement of organization within 10
business days of the creation of such committee, except any
political committee created within the 30 days before an
election shall file a statement of organization within 5
business days. A political committee that acts as both a
state political committee and a local political committee
shall file a copy of each statement of organization with the
State Board of Elections and the county clerk.
The statement of organization shall include -
(a) the name and address of the political committee (the
name of the political committee must include the name of any
sponsoring entity);
(b) the scope, area of activity, party affiliation,
candidate affiliation and his county of residence, and
purposes of the political committee;
(c) the name, address, and position of each custodian of
the committee's books and accounts;
(d) the name, address, and position of the committee's
principal officers, including the chairman, treasurer, and
officers and members of its finance committee, if any;
(e) (Blank);
(f) a statement of what specific disposition of residual
fund will be made in the event of the dissolution or
termination of the committee;
(g) a listing of all banks or other financial
institutions, safety deposit boxes, and any other
repositories or custodians of funds used by the committee;
(h) the amount of funds available for campaign
expenditures as of the filing date of the committee's
statement of organization.
For purposes of this Section, a "sponsoring entity" is
(i) any person, political committee, organization,
corporation, or association that contributes at least 33% of
the total funding of the political committee or (ii) any
person or other entity that is registered or is required to
register under the Lobbyist Registration Act and contributes
at least 33% of the total funding of the political committee.
(Source: P.A. 90-495, eff. 1-1-98.)
(10 ILCS 5/9-6) (from Ch. 46, par. 9-6)
Sec. 9-6. Accounting for contributions.
(a) Every person who receives a contribution in excess
of $20 for a political committee shall, on demand of the
treasurer, and in any event within 5 days after receipt of
such contribution, render to the treasurer a detailed account
thereof, including the amount, the name and address of the
person making such contribution, and the date on which it was
received.
(b) Within 5 business days of contributing goods or
services of more than $50 value to a political committee, the
contributor shall certify the value of the contribution to
the political committee on forms prescribed by the State
Board of Elections. The forms shall include the name and
address of the contributor, a description and market value of
the goods or services, and the date on which the contribution
was made.
(c) All funds of a political committee shall be
segregated from, and may not be commingled with, any personal
funds of officers, members, or associates of such committee.
(Source: P.A. 78-1183.)
(10 ILCS 5/9-7.5 new)
Sec. 9-7.5. Nonprofit organization registration and
disclosure.
(a) Each nonprofit organization, except for a labor
union (i) registered under the Lobbyist Registration Act or
for which lobbying is undertaken by persons registered under
that Act, (ii) that has not established a political
committee, and (iii) that accepts contributions or makes
expenditures during any 12-month period in an aggregate
amount exceeding $5,000 (I) on behalf of or in opposition to
public officials, candidates for public office, or a question
of public policy and (II) for the purpose of influencing
legislative, executive, or administrative action as defined
in the Lobbyist Registration Act shall register with the
State Board of Elections. The Board by rule shall prescribe
the registration procedure and form. The registration form
shall require the following information:
(1) The registrant's name, address, and purpose.
(2) The name, address, and position of each
custodian of the registrant's financial books, accounts,
and records.
(3) The name, address, and position of each of the
registrant's principal officers.
(b) Each nonprofit organization required to register
under subsection (a) shall file contribution and expenditure
reports with the Board. The Board by rule shall prescribe
the form, which shall require the following information:
(1) The organization's name, address, and purpose.
(2) The amount of funds on hand at the beginning of
the reporting period.
(3) The full name and address of each person who
has made one or more contributions to or for the
organization within the reporting period in an aggregate
amount or value in excess of $150, together with the
amount and date of the contributions, and if a
contributor is an individual who contributed more than
$500, the occupation and employer of the contributor or,
if the occupation and employer of the contributor are
unknown, a statement that the organization has made a
good faith effort to ascertain this information.
(4) The total sum of individual contributions made
to or for the organization during the reporting period
and not reported in item (3).
(5) The name and address of each organization and
political committee from which the reporting organization
received, or to which that organization made, any
transfer of funds in an aggregate amount or value in
excess of $150, together with the amounts and dates of
the transfers.
(6) The total sum of transfers made to or from the
organization during the reporting period and not reported
in item (5).
(7) Each loan to or from any person within the
reporting period by or to the organization in an
aggregate amount or value in excess of $150, together
with the full names and mailing addresses of the lender
and endorsers, if any, and the date and amount of the
loans, and if a lender or endorser is an individual who
loaned or endorsed a loan of more than $500, the
occupation and employer of the individual or, if the
occupation and employer of the individual are unknown, a
statement that the organization has made a good faith
effort to ascertain this information.
(8) The total amount of proceeds received by the
organization from (i) the sale of tickets for each
dinner, luncheon, cocktail party, rally, and other
fundraising event, (ii) mass collections made at those
events, and (iii) sales of items such as buttons, badges,
flags, emblems, hats, banners, literature, and similar
materials.
(9) Each contribution, rebate, refund, or other
receipt in excess of $150 received by the organization
not otherwise listed under items (3) through (8), and if
a contributor is an individual who contributed more than
$500, the occupation and employer of the contributor or,
if the occupation and employer of the contributor are
unknown, a statement that the organization has made a
good faith effort to ascertain this information.
(10) The total sum of all receipts by or for the
organization during the reporting period.
(11) The full name and mailing address of each
person to whom expenditures have been made by the
organization within the reporting period in an aggregate
amount or value in excess of $150, the amount, date, and
purpose of each expenditure, and the question of public
policy on behalf of which the expenditure was made.
(12) The full name and mailing address of each
person to whom an expenditure for personal services,
salaries, and reimbursed expenses in excess of $150 has
been made and which is not otherwise reported, including
the amount, date, and purpose of the expenditure.
(13) The total sum of expenditures made by the
organization during the reporting period.
(14) The full name and mailing address of each
person to whom the organization owes debts or obligations
in excess of $150 and the amount of the debts or
obligations.
The State Board by rule shall define a "good faith
effort".
(c) The reports required under subsection (b) shall be
filed at the same times and for the same reporting periods as
reports of campaign contributions and semi-annual reports of
campaign contributions and expenditures required by this
Article of political committees. The reports required under
subsection (b) shall be available for public inspection and
copying in the same manner as reports filed by political
committees. The Board may charge a fee that covers the costs
of copying and distribution, if any.
(d) An organization required to file reports under
subsection (b) shall include a statement on all literature
and advertisements soliciting funds stating the following:
"A copy of our report filed with the State Board of
Elections is (or will be) available for purchase from the
State Board of Elections, Springfield, Illinois".
(10 ILCS 5/9-8.10 new)
Sec. 9-8.10. Use of political committee and other
reporting organization funds.
(a) A political committee, or organization subject to
Section 9-7.5, shall not make expenditures:
(1) In violation of any law of the United States or
of this State.
(2) Clearly in excess of the fair market value of
the services, materials, facilities, or other things of
value received in exchange.
(3) For satisfaction or repayment of any debts
other than loans made to the committee or to the public
official or candidate on behalf of the committee or
repayment of goods and services purchased by the
committee under a credit agreement. Nothing in this
Section authorizes the use of campaign funds to repay
personal loans. The repayments shall be made by check
written to the person who made the loan or credit
agreement. The terms and conditions of any loan or
credit agreement to a committee shall be set forth in a
written agreement, including but not limited to the
method and amount of repayment, that shall be executed by
the chairman or treasurer of the committee at the time of
the loan or credit agreement. The loan or agreement
shall also set forth the rate of interest for the loan,
if any, which may not substantially exceed the prevailing
market interest rate at the time the agreement is
executed.
(4) For the satisfaction or repayment of any debts
or for the payment of any expenses relating to a personal
residence. Campaign funds may not be used as collateral
for home mortgages.
(5) For clothing or personal laundry expenses,
except clothing items rented by the public official or
candidate for his or her own use exclusively for a
specific campaign-related event, provided that committees
may purchase costumes, novelty items, or other
accessories worn primarily to advertise the candidacy.
(6) For the travel expenses of any person unless
the travel is necessary for fulfillment of political,
governmental, or public policy duties, activities, or
purposes.
(7) For membership or club dues charged by
organizations, clubs, or facilities that are primarily
engaged in providing health, exercise, or recreational
services; provided, however, that funds received under
this Article may be used to rent the clubs or facilities
for a specific campaign-related event.
(8) In payment for anything of value or for
reimbursement of any expenditure for which any person has
been reimbursed by the State or any person. For purposes
of this item (8), a per diem allowance is not a
reimbursement.
(9) For the purchase of or installment payment for
a motor vehicle unless the political committee can
demonstrate that purchase of a motor vehicle is more
cost-effective than leasing a motor vehicle as permitted
under this item (9). A political committee may lease or
purchase and insure, maintain, and repair a motor vehicle
if the vehicle will be used primarily for campaign
purposes or for the performance of governmental duties.
A committee shall not make expenditures for use of the
vehicle for non-campaign or non-governmental purposes.
Persons using vehicles not purchased or leased by a
political committee may be reimbursed for actual mileage
for the use of the vehicle for campaign purposes or for
the performance of governmental duties. The mileage
reimbursements shall be made at a rate not to exceed the
standard mileage rate method for computation of business
expenses under the Internal Revenue Code.
(10) Directly for an individual's tuition or other
educational expenses, except for governmental or
political purposes directly related to a candidate's or
public official's duties and responsibilities.
(11) For payments to a public official or candidate
or his or her family member unless for compensation for
services actually rendered by that person. The provisions
of this item (11) do not apply to expenditures by a
political committee in an aggregate amount not exceeding
the amount of funds reported to and certified by the
State Board or county clerk as available as of June 30,
1998, in the semi-annual report of contributions and
expenditures filed by the political committee for the
period concluding June 30, 1998.
(b) The Board shall have the authority to investigate,
upon receipt of a verified complaint, violations of the
provisions of this Section. The Board may levy a fine on any
person who knowingly makes expenditures in violation of this
Section and on any person who knowingly makes a malicious and
false accusation of a violation of this Section. The Board
may act under this subsection only upon the affirmative vote
of at least 5 of its members. The fine shall not exceed $500
for each expenditure of $500 or less and shall not exceed the
amount of the expenditure plus $500 for each expenditure
greater than $500. The Board shall also have the authority
to render rulings and issue opinions relating to compliance
with this Section.
(10 ILCS 5/9-8.15 new)
Sec. 9-8.15. Contributions on State property.
Contributions shall not be knowingly offered or accepted on a
face-to-face basis by public officials or employees or by
candidates on State property except as provided in this
Section.
Contributions may be solicited, offered, or accepted on
State property on a face-to-face basis by public officials or
employees or by candidates at a fundraising event for which
the State property is leased or rented.
Anyone who knowingly offers or accepts contributions on
State property in violation of this Section is guilty of a
business offense subject to a fine of $5,000, except that for
contributions offered or accepted for State officers and
candidates and political committees formed for statewide
office, the fine shall not exceed $10,000. For the purpose
of this Section, "statewide office" and "State officer" means
the Governor, Lieutenant Governor, Attorney General,
Secretary of State, Comptroller, and Treasurer.
(10 ILCS 5/9-9.5 new)
Sec. 9-9.5. Disclosure on political literature. Any
pamphlet, circular, handbill, advertisement, or other
political literature that supports or opposes any public
official, candidate for public office, or question of public
policy, or that would have the effect of supporting or
opposing any public official, candidate for public office, or
question of public policy, shall contain the name of the
individual or organization that authorized, caused to be
authorized, paid for, caused to be paid for, or distributed
the pamphlet, circular, handbill, advertisement, or other
political literature. If the individual or organization
includes an address, it must be an actual personal or
business address of the individual or business address of the
organization.
This Section does not apply to items, the size of which
is not sufficient to contain the required disclosure.
(10 ILCS 5/9-10) (from Ch. 46, par. 9-10)
Sec. 9-10. Financial reports.
(a) The treasurer of every state political committee and
the treasurer of every local political committee shall file
with the Board, and the treasurer of every local political
committee shall file with the county clerk, reports of
campaign contributions, and semi-annual reports of campaign
contributions and expenditures on forms to be prescribed or
approved by the Board. The treasurer of every political
committee that acts as both a state political committee and a
local political committee shall file a copy of each report
with the State Board of Elections and the county clerk.
Entities subject to Section 9-7.5 shall file reports required
by that Section at times provided in this Section and are
subject to the penalties provided in this Section.
(b) Reports of campaign contributions shall be filed no
later than the 15th day next preceding each election
including a primary election in connection with which the
political committee has accepted or is accepting
contributions or has made or is making expenditures. Such
reports shall be complete as of the 30th day next preceding
each election including a primary election. The Board shall
assess a civil penalty not to exceed $5,000 for a violation
of this subsection, except that for State officers and
candidates and political committees formed for statewide
office, the civil penalty may not exceed $10,000. The fine,
however, shall not exceed $500 for a first filing violation
for filing less than 10 days after the deadline. There shall
be no fine if the report is mailed and postmarked at least 72
hours prior to the filing deadline. For the purpose of this
subsection, "statewide office" and "State officer" means the
Governor, Lieutenant Governor, Attorney General, Secretary of
State, Comptroller, and Treasurer, except that any
contribution of $500 or more received in the interim between
the last date of the period covered by the last report filed
prior to the election and the date of the election shall be
reported within 2 business days after its receipt. However,
a continuing political committee that neither accepts
contributions nor makes expenditures on behalf of or in
opposition to any candidate or public question on the ballot
at an election shall not be required to file the reports
heretofore prescribed but may file in lieu thereof a
Statement of Nonparticipation in the Election with the Board
or the Board and the county clerk.
(b-5) Notwithstanding the provisions of subsection (b),
any contribution of $500 or more received in the interim
between the last date of the period covered by the last
report filed under subsection (b) prior to the election and
the date of the election shall be reported within 2 business
days after its receipt. The State Board shall allow filings
under this subsection (b-5) to be made by facsimile
transmission. For the purpose of this subsection, a
contribution is considered received on the date the public
official, candidate, or political committee (or equivalent
person in the case of a reporting entity other than a
political committee) actually receives it or, in the case of
goods or services, 2 days after the date the public official,
candidate, committee, or other reporting entity receives the
certification required under subsection (b) of Section 9-6.
Failure to report each contribution is a separate violation
of this subsection. The Board shall impose fines for
violations of this subsection as follows:
(1) if the political committee's or other reporting
entity's total receipts, total expenditures, and balance
remaining at the end of the last reporting period were
each $5,000 or less, then $100 per business day for the
first violation, $200 per business day for the second
violation, and $300 per business day for the third and
subsequent violations.
(2) if the political committee's or other reporting
entity's total receipts, total expenditures, and balance
remaining at the end of the last reporting period were
each more than $5,000, then $200 per business day for the
first violation, $400 per business day for the second
violation, and $600 per business day for the third and
subsequent violations.
(c) In addition to such reports the treasurer of every
political committee shall file semi-annual reports of
campaign contributions and expenditures no later than July
31st, covering the period from January 1st through June 30th
immediately preceding, and no later than January 31st,
covering the period from July 1st through December 31st of
the preceding calendar year. Reports of contributions and
expenditures must be filed to cover the prescribed time
periods even though no contributions or expenditures may have
been received or made during the period. The Board shall
assess a civil penalty not to exceed $5,000 for a violation
of this subsection, except that for State officers and
candidates and political committees formed for statewide
office, the civil penalty may not exceed $10,000. The fine,
however, shall not exceed $500 for a first filing violation
for filing less than 10 days after the deadline. There shall
be no fine if the report is mailed and postmarked at least 72
hours prior to the filing deadline. For the purpose of this
subsection, "statewide office" and "State officer" means the
Governor, Lieutenant Governor, Attorney General, Secretary of
State, Comptroller, and Treasurer.
(d) A copy of each report or statement filed under this
Article shall be preserved by the person filing it for a
period of two years from the date of filing.
(Source: P.A. 86-873.)
(10 ILCS 5/9-11) (from Ch. 46, par. 9-11)
Sec. 9-11. Each report of campaign contributions under
Section 9-10 shall disclose-
(1) the name and address of the political committee;
(2) (Blank);
(3) the amount of funds on hand at the beginning of the
reporting period;
(4) the full name and mailing address of each person who
has made one or more contributions to or for such committee
within the reporting period in an aggregate amount or value
in excess of $150, together with the amount and date of such
contributions, and if a contributor is an individual who
contributed more than $500, the occupation and employer of
the contributor or, if the occupation and employer of the
contributor are unknown, a statement that the committee has
made a good faith effort to ascertain this information;
(5) the total sum of individual contributions made to or
for such committee during the reporting period and not
reported under item (4);
(6) the name and address of each political committee
from which the reporting committee received, or to which that
committee made, any transfer of funds, in any aggregate
amount or value in excess of $150, together with the amounts
and dates of all transfers;
(7) the total sum of transfers made to or from such
committee during the reporting period and not reported under
item (6);
(8) each loan to or from any person within the reporting
period by or to such committee in an aggregate amount or
value in excess of $150, together with the full names and
mailing addresses of the lender and endorsers, if any, and
the date and amount of such loans, and if a lender or
endorser is an individual who loaned or endorsed a loan of
more than $500, the occupation and employer of that
individual, or if the occupation and employer of the
individual are unknown, a statement that the committee has
made a good faith effort to ascertain this information;
(9) the total amount of proceeds received by such
committee from (a) the sale of tickets for each dinner,
luncheon, cocktail party, rally, and other fund-raising
events; (b) mass collections made at such events; and (c)
sales of items such as political campaign pins, buttons,
badges, flags, emblems, hats, banners, literature, and
similar materials;
(10) each contribution, rebate, refund, or other receipt
in excess of $150 received by such committee not otherwise
listed under items (4) through (9), and if a contributor is
an individual who contributed more than $500, the occupation
and employer of the contributor or, if the occupation and
employer of the contributor are unknown, a statement that the
committee has made a good faith effort to ascertain this
information;
(11) the total sum of all receipts by or for such
committee or candidate during the reporting period.
The Board shall by rule define a "good faith effort".
The reports of campaign contributions filed under this
Article shall be cumulative during the reporting period to
which they relate.
(Source: P.A. 90-495, eff. 1-1-98.)
(10 ILCS 5/9-12) (from Ch. 46, par. 9-12)
Sec. 9-12. Each report of campaign contributions
required by Section 9-10 of this Article to be filed with the
Board or the Board and the county clerk shall be verified,
dated, and signed by either the treasurer of the political
committee making the report or the candidate on whose behalf
the report is made, and shall contain substantially the
following:
REPORT OF CAMPAIGN CONTRIBUTIONS
(1) name and address of the political committee:
.............................................................
(2) the date of the beginning of the reporting period, and
the amount of funds on hand at the beginning of the reporting
period:
.............................................................
(3) the full name and mailing address of each person who has
made one or more contributions to or for the committee within
the reporting period in an aggregate amount or value in
excess of $150, together with the amount and date of such
contributions, and if a contributor is an individual who
contributed more than $500, the occupation and employer of
each contributor or, if the occupation and employer of the
contributor are unknown, a statement that the committee has
made a good faith effort to ascertain this information:
name address amount date occupation employer
.... ....... ...... .... .......... ........
.... ....... ...... .... .......... ........
.... ....... ...... .... .......... ........
.... ....... ...... .... .......... ........
.... ....... ...... .... .......... ........
(4) the total sum of individual contributions made to or for
the committee during the reporting period and not reported
under item (3) -
.............................................................
(5) the name and address of each political committee from
which the reporting committee received, or to which that
committee made, any transfer of funds, in an aggregate amount
or value in excess of $150, together with the amounts and
dates of all transfers:
name address amount date
.......... .......... .......... ..........
.......... .......... .......... ..........
.......... .......... .......... ..........
(6) the total sum of transfers made to or from such
committee during the reporting period and not under item (5):
.............................................................
(7) each loan to or from any person within the reporting
period by or to the committee in an aggregate amount or value
in excess of $150, together with the full names and mailing
addresses of the lender and endorsers, if any, and the date
and amount of such loans, and if a lender or endorser is an
individual who loaned or endorsed a loan of more than $500,
the occupation and employer of each person making the loan,
or if the occupation and employer of the individual are
unknown, a statement that the committee has made a good faith
effort to ascertain this information:
(8) the total amount of proceeds received by the committee
from (a) the sale of tickets for each dinner, luncheon,
cocktail party, rally, and other fund-raising events; (b)
mass collections made at such events; and (c) sales of items
such as political campaign pins, buttons, badges, flags,
emblems, hats, banners, literature, and similar materials:
(a)..........................................................
(b)..........................................................
(c)..........................................................
(9) each contribution, rebate, refund, or other receipt in
excess of $150 received by the committee not otherwise listed
under items (3) through (8), and if the contributor is an
individual who contributed more than $500, the occupation and
employer of each contributor or, if the occupation and
employer of the contributor are unknown, a statement that the
committee has made a good faith effort to ascertain this
information:
name address amount date occupation employer
.... ....... ...... .... .......... ........
.... ....... ...... .... .......... ........
(10) the total sum of all receipts by or for the committee
during the reporting period:
.............................................................
VERIFICATION:
"I declare that this report of campaign contributions
(including any accompanying schedules and statements) has
been examined by me and to the best of my knowledge and
belief is a true, correct and complete report as required by
Article 9 of The Election Code. I understand that the penalty
for willfully filing a false or incomplete statement is a
business offense subject to a fine of up to $5,000 shall be a
fine not to exceed $500 or imprisonment in a penal
institution other than the penitentiary not to exceed 6
months, or both fine and imprisonment."
.............................................................
(date of filing) (signature of person making the report)
(Source: P.A. 90-495, eff. 1-1-98.)
(10 ILCS 5/9-13) (from Ch. 46, par. 9-13)
Sec. 9-13. Each semi-annual report of campaign
contributions and expenditures under Section 9-10 shall
disclose-
(1) the name and address of the political committee;
(2) (Blank);
(3) the amount of funds on hand at the beginning of the
reporting period;
(4) the full name and mailing address of each person who
has made one or more contributions to or for such committee
within the reporting period in an aggregate amount or value
in excess of $150, together with the amount and date of such
contributions, and if the contributor is an individual who
contributed more than $500, the occupation and employer of
the contributor or, if the occupation and employer of the
contributor are unknown, a statement that the committee has
made a good faith effort to ascertain this information;
(5) the total sum of individual contributions made to or
for such committee during the reporting period and not
reported under item (4);
(6) the name and address of each political committee
from which the reporting committee received, or to which that
committee made, any transfer of funds, in the aggregate
amount or value in excess of $150, together with the amounts
and dates of all transfers;
(7) the total sum of transfers made to or from such
committee during the reporting period and not reported under
item (6);
(8) each loan to or from any person within the reporting
period by or to such committee in an aggregate amount or
value in excess of $150, together with the full names and
mailing addresses of the lender and endorsers, if any, and
the date and amount of such loans, and if a lender or
endorser is an individual who loaned or endorsed a loan of
more than $500, the occupation and employer of that
individual, or if the occupation and employer of the
individual are unknown, a statement that the committee has
made a good faith effort to ascertain this information;
(9) the total amount of proceeds received by such
committee from (a) the sale of tickets for each dinner,
luncheon, cocktail party, rally, and other fund-raising
events; (b) mass collections made at such events; and (c)
sales of items such as political campaign pins, buttons,
badges, flags, emblems, hats, banners, literature, and
similar materials;
(10) each contribution, rebate, refund, or other receipt
in excess of $150 received by such committee not otherwise
listed under items (4) through (9), and if the contributor is
an individual who contributed more than $500, the occupation
and employer of the contributor or, if the occupation and
employer of the contributor are unknown, a statement that the
committee has made a good faith effort to ascertain this
information;
(11) the total sum of all receipts by or for such
committee or candidate during the reporting period;
(12) the full name and mailing address of each person to
whom expenditures have been made by such committee or
candidate within the reporting period in an aggregate amount
or value in excess of $150, the amount, date, and purpose of
each such expenditure and the question of public policy or
the name and address of, and office sought by, each candidate
on whose behalf such expenditure was made;
(13) the full name and mailing address of each person to
whom an expenditure for personal services, salaries, and
reimbursed expenses in excess of $150 has been made, and
which is not otherwise reported, including the amount, date,
and purpose of such expenditure;
(14) the total sum of expenditures made by such
committee during the reporting period;
(15) the full name and mailing address of each person to
whom the committee owes debts or obligations in excess of
$150, and the amount of such debts or obligations.
The Board shall by rule define a "good faith effort".
(Source: P.A. 90-495, eff. 1-1-98.)
(10 ILCS 5/9-14) (from Ch. 46, par. 9-14)
Sec. 9-14. Each semi-annual report of campaign
contributions and expenditures required by Section 9-10 of
this Article to be filed with the Board or the Board and the
county clerk shall be verified, dated, and signed by either
the treasurer of the political committee making the report or
the candidate on whose behalf the report is made, and shall
contain substantially the following:
SEMI-ANNUAL REPORT OF CAMPAIGN
CONTRIBUTIONS AND EXPENDITURES
(1) name and address of the political committee:
.............................................................
(2) the date of the beginning of the reporting period, and
the amount of funds on hand at the beginning of the reporting
period;
.............................................................
(3) the full name and mailing address of each person who has
made one or more contributions to or for the committee within
the reporting period in an aggregate amount or value in
excess of $150, together with the amount and date of such
contributions, and if a contributor is an individual who
contributed more than $500, the occupation and employer of
each contributor or, if the occupation and employer of the
contributor are unknown, a statement that the committee has
made a good faith effort to ascertain this information:
name address amount date occupation employer
.... ....... ...... .... .......... ........
.... ....... ...... .... .......... ........
.... ....... ...... .... .......... ........
.... ....... ...... .... .......... ........
.... ....... ...... .... .......... ........
(4) the total sum of individual contributions made to or for
the committee during the reporting period and not reported
under item--(3):
.............................................................
(5) the name and address of each political committee from
which the reporting committee received, or to which that
committee made, any transfer of funds, in an aggregate amount
or value in excess of $150, together with the amounts and
dates of all transfers:
name address amount date
.......... .......... .......... ..........
.......... .......... .......... ..........
.......... .......... .......... ..........
(6) the total sum of transfers made to or from such
committee during the reporting period and not reported under
item (5);
(7) each loan to or from any person within the reporting
period by or to the committee in an aggregate amount or value
in excess of $150, together with the full names and mailing
addresses of the lender and endorsers, if any, and the date
and amount of such loans, and if a lender or endorser is an
individual who loaned or endorsed a loan of more than $500,
the occupation and employer of each person making the loan,
or if the occupation and employer of the individual are
unknown, a statement that the committee has made a good faith
effort to ascertain this information:
name address amount date endorsers occupation employer
.... ....... ...... .... ......... .......... ........
.... ....... ...... .... ......... .......... ........
.... ....... ...... .... ......... .......... ........
(8) the total amount of proceeds received by the committee
from (a) the sale of tickets for each dinner, luncheon,
cocktail party, rally, and other fund-raising events; (b)
mass collections made at such events; and (c) sales of items
such as political campaign pins, buttons, badges, flags,
emblems, hats, banners, literature, and similar materials:
(a)..........................................................
(b)..........................................................
(c)..........................................................
(9) each contribution, rebate, refund, or other receipt in
excess of $150 received by the committee not otherwise listed
under items (3) through (8), and if a contributor is an
individual who contributed more than $500, the occupation and
employer of each contributor or, if the occupation and
employer of the contributor are unknown, a statement that the
committee has made a good faith effort to ascertain this
information:
name address amount date endorsers occupation employer
.... ....... ...... .... ......... .......... ........
.... ....... ...... .... ......... .......... ........
.... ....... ...... .... ......... .......... ........
(10) the total sum of all receipts by or for the committee
during the reporting period:
.............................................................
(11) the full name and mailing address of each person to
whom expenditures have been made by the committee within the
reporting period in an aggregate amount or value in excess of
$150, the amount, date, and purpose of each such expenditure,
and the question of public policy or the name and address of,
and office sought by, each candidate on whose behalf the
expenditure was made:
name address amount date purpose beneficiary
.......... ....... ...... .... ....... ...........
.......... ....... ...... .... ....... ...........
.......... ....... ...... .... ....... ...........
.......... ....... ...... .... ....... ...........
.......... ....... ...... .... ....... ...........
(12) the full name and mailing address of each person to
whom an expenditure for personal services, salaries, and
reimbursed expenses in excess of $150 has been made, and
which is not otherwise reported, including the amount, date,
and purpose of such expenditure:
name address amount date purpose
.......... .......... ........ ........ ..........
.......... .......... ........ ........ ..........
.......... .......... ........ ........ ..........
(13) the total sum of expenditures made by the committee
during the reporting period;
.............................................................
(14) the full name and mailing address of each person to
whom the committee owes debts or obligations in excess of
$150, and the amount of such debts or obligations:
.............................................................
.............................................................
VERIFICATION:
"I declare that this semi-annual report of campaign
contributions and expenditures (including any accompanying
schedules and statements) has been examined by me and to the
best of my knowledge and belief is a true, correct and
complete report as required by Article 9 of The Election
Code. I understand that the penalty for willfully filing a
false or incomplete report is a business offense subject to a
fine of up to $5,000 shall be a fine not to exceed $500 or
imprisonment in a penal institution other than the
penitentiary not to exceed 6 months, or both fine and
imprisonment."
................ .......................................
(date of filing) (signature of person making the report)
(Source: P.A. 90-495, eff. 1-1-98.)
(10 ILCS 5/9-23) (from Ch. 46, par. 9-23)
Sec. 9-23. Whenever the Board, pursuant to Section 9-21,
has issued an order, or has approved a written stipulation,
agreed settlement or consent order, directing a person
determined by the Board to be in violation of any provision
of this Article or any regulation adopted thereunder, to
cease or correct such violation or otherwise comply with this
Article and such person fails or refuses to comply with such
order, stipulation, settlement or consent order within the
time specified by the Board, the Board, after affording
notice and an opportunity for a public hearing, may impose a
civil penalty on such person in an amount not to exceed
$5,000; except that for State officers and candidates and
political committees formed for statewide office, the civil
penalty may not exceed $10,000. For the purpose of this
Section, "statewide office" and "State officer" means the
Governor, Lieutenant Governor, Attorney General, Secretary of
State, Comptroller, and Treasurer $1,000.
Civil penalties imposed on any such person by the Board
shall be enforceable in the Circuit Court. The Board shall
petition the Court for an order to enforce collection of the
penalty and, if the Court finds it has jurisdiction over the
person against whom the penalty was imposed, the Court shall
issue the appropriate order. Any civil penalties collected
by the Court shall be forwarded to the State Treasurer.
In addition to or in lieu of the imposition of a civil
penalty, the board may report such violation and the failure
or refusal to comply with the order of the Board to the
Attorney General and the appropriate State's Attorney.
The name of a person who has not paid a civil penalty
imposed against him or her under this Section shall not
appear upon any ballot for any office in any election while
the penalty is unpaid.
(Source: P.A. 83-540.)
(10 ILCS 5/9-26) (from Ch. 46, par. 9-26)
Sec. 9-26. Willful failure to file or willful filing of
false or incomplete information required by this Article
shall constitute a business offense subject to a fine of up
to $5,000 Class B misdemeanor.
Willful filing of a false complaint under this Article
shall constitute a Class B misdemeanor.
A prosecution for any offense designated by this Article
shall be commenced no later than 18 months after the
commission of the offense.
The appropriate State's Attorney or the Attorney General
shall bring such actions in the name of the people of the
State of Illinois.
(Source: P.A. 78-1183.)
(10 ILCS 5/9-27.5 new)
Sec. 9-27.5. Fundraising in or within 50 miles of
Springfield. Except as provided in this Section, any
executive branch constitutional officer, any candidate for an
executive branch constitutional office, any member of the
General Assembly, any candidate for the General Assembly, any
political caucus of the General Assembly, or any political
committee on behalf of any of the foregoing may not hold a
fundraising function in or within 50 miles of Springfield on
any day the legislature is in session (i) during the period
beginning 90 days before the later of the dates scheduled by
either house of the General Assembly for the adjournment of
the spring session and ending on the later of the actual
adjournment dates of either house of the spring session and
(ii) during fall veto session. For purposes of this Section,
the legislature is not considered to be in session on a day
that is solely a perfunctory session day or on a day when
only a committee is meeting.
This Section does not apply to members and political
committees of members of the General Assembly whose districts
are located, in whole or in part, in or within 50 miles of
Springfield and candidates and political committees of
candidates for the General Assembly from districts located,
in whole or in part, in or within 50 miles of Springfield,
provided that the fundraising function takes place within the
member's or candidate's district.
(10 ILCS 5/9-28)
Sec. 9-28. Electronic filing and availability. The
Board shall may by rule provide for the optional electronic
filing of expenditure and contribution reports as follows:.
Beginning July 1, 1999, or as soon thereafter as the
Board has provided adequate software to the political
committee, electronic filing is required for all political
committees that during the reporting period (i) had at any
time a balance or an accumulation of contributions of $25,000
or more, (ii) made aggregate expenditures of $25,000 or more,
or (iii) received loans of an aggregate of $25,000 or more.
Beginning July 1, 2003, electronic filing is required for
all political committees that during the reporting period (i)
had at any time a balance or an accumulation of contributions
of $10,000 or more, (ii) made aggregate expenditures of
$10,000 or more, or (iii) received loans of an aggregate of
$10,000 or more.
The Board may provide by rule for the optional electronic
filing of expenditure and contribution reports for all other
political committees. The Board shall promptly make all
reports filed under this Article by all political committees
publicly available by means of a searchable database that is
accessible through the World Wide Web.
The Board shall provide all software necessary to comply
with this Section to candidates, public officials, political
committees, and election authorities.
The Board shall implement a plan to provide computer
access and assistance to candidates, public officials,
political committees, and election authorities with respect
to electronic filings required under this Article.
For the purposes of this Section, "political committees"
includes entities required to report to the Board under
Section 9-7.5.
(Source: P.A. 90-495, eff. 8-18-97.)
(10 ILCS 5/29-14 rep.)
Section 225. The Election Code is amended by repealing
Section 29-14.
Section 230. The Lobbyist Registration Act is amended by
adding Section 6.5 as follows:
(25 ILCS 170/6.5 new)
Sec. 6.5. Response to report by official.
(a) Every person required to register as prescribed in
Section 3 and required to file a report with the Secretary of
State as prescribed in Section 6 shall, at least 25 days
before the deadline for filing the report, provide a copy of
the report to each official listed in the report by first
class mail or hand delivery. An official may, within 10 days
after receiving the copy of the report, provide written
objections to the report by first class mail or hand delivery
to the person required to file the report. If those written
objections conflict with the final report that is filed, the
written objections shall be filed along with the report.
(b) Failure to provide a copy of the report to an
official listed in the report within the time designated in
this Section is a violation of this Act.
Section 985. The State Mandates Act is amended by adding
Section 8.22 as follows:
(30 ILCS 805/8.22 new)
Sec. 8.22. Exempt mandate. Notwithstanding Sections 6
and 8 of this Act, no reimbursement by the State is required
for the implementation of any mandate created by this
amendatory Act of 1998.
Section 990. Severability. The provisions of this Act
are severable under Section 1.31 of the Statute on Statutes.
Section 999. Effective date. This Act takes effect
January 1, 1999.