HB6893 93RD GENERAL ASSEMBLY

LRB093 20130 BDD 47198 b

93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB6893

Introduced 02/09/04, by Chapin Rose

SYNOPSIS AS INTRODUCED:

10 ILCS 5/9-1.15 new
10 ILCS 5/9-1.20 new
10 ILCS 5/9-11	from Ch. 46, par. 9-11
10 ILCS 5/9-25	from Ch. 46, par. 9-25
10 ILCS 5/9-25.5 new

Amends the Election Code. Prohibits a General Assembly candidate from accepting more contributions from corporations, trusts, labor organizations, persons not within a county of which any part is located within his or her district, and political committees than from individuals and businesses within all counties of which any part is located within the candidate's district. Provides that the prohibition does not apply to candidates for State Representative who accept less than $30,000, and candidates for State Senator who accept less than $45,000, in aggregated contributions from persons not within a district county, corporations, trusts, labor organizations, and political committees. Requires disclosure of persons within a district county if those person's contribution's are included in determining aggregate contributions from within the district counties. Provides that a candidate who accepts those prohibited contributions is ineligible for appointment or election to the General Assembly until the second general election after the violation occurs or, if that person is elected to the General Assembly, he or she shall be removed from office. Defines family member to include the candidate. Permits disclosure of contributors of $150 or less. Classifies the making or acceptance of an anonymous contribution or a contribution in another's name a Class C misdemeanor. Effective January 1, 2005.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning campaign finance.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Election Code is amended by adding Sections 9-1.15, 9-1.20, and 9-25.5 and changing Sections 9-11 and 9-25 as follows:

(10 ILCS 5/9-1.15 new)

Sec. 9-1.15. Person within a district county. "Person within a district county" means an individual who resides in, or a business with its principal place of business located within, a county of which any portion is located within the district in which the candidate is seeking office. A "person within a district county" does not include family members within a district county, corporations, trusts, labor organizations, or political committees.

(10 ILCS 5/9-1.20 new)

Sec. 9-1.20. Family member within a district county. "Family member within a district county" means a candidate or a candidate's spouse, parent, grandparent, child, grandchild, aunt, uncle, niece, nephew, brother, sister, first cousin, brother-in-law, sister-in-law, mother-in-law, father-in-law, son-in-law, or daughter-in-law residing within a county of which any portion is located within the district.

(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) in separate contributor categories for family members within a district county, persons within a district county, persons not within a district county, and corporations, trusts, and labor organizations, the full name and mailing address of each contributor of 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.

Each report of campaign contributions under Section 9-10 may disclose the full name and mailing address of each contributor of one or more contributions to or for the committee within the reporting period of an aggregate amount or value of $150 or less. Names disclosed shall be categorized as family members within a district county, persons within a district county, persons not within a district county, or corporations, trusts, and labor organizations.

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; 90-737, eff. 1-1-99.)

(10 ILCS 5/9-25) (from Ch. 46, par. 9-25)

Sec. 9-25. No person shall make an anonymous contribution or a contribution in the name of another person, and no person shall knowingly accept any anonymous contribution or contribution made by one person in the name of another person. Anonymous contributions shall escheat to the State of Illinois. Any political committee that receives such a contribution shall forward it immediately to the State Treasurer. Violation of this Section is a Class C misdemeanor.

(Source: P.A. 78-1183.)

(10 ILCS 5/9-25.5 new)

Sec. 9-25.5. Contribution limit.

(a) At any time during a campaign contribution reporting period prescribed in Section 9-10, a candidate for the office of State Senator or State Representative may not accept contributions from corporations, trusts, labor organizations, persons not within a district county, and political committees in an aggregate amount that exceeds the aggregate amount of contributions that the candidate has received during the same reporting period from all persons within all district counties.

(b) Subsection (a) of this Section shall not apply to candidates for the office of State Representative receiving less than $30,000 in aggregated contributions from persons not within a district county, corporations, trusts, labor organizations, and political committees.

(c) Subsection (a) of this Section shall not apply to candidates for the office of State Senator receiving less than $45,000 in aggregated contributions from persons not within a district county, corporations, trusts, labor organizations, and political committees.

(d) If contributions in an aggregate amount of $150 or less per contributor are included in the determination of the aggregate amount of contributions from persons within a district county, the full name and mailing address of each person within a district county who made aggregate contributions of $150 or less during the reporting period shall be disclosed in the campaign contribution report for that period.

(e) A candidate who violates this Section is ineligible for appointment or election to the General Assembly until the second general election after the violation occurs. A candidate who violates this Section and is elected to the General Assembly shall be removed from office.

Section 99. Effective date. This Act takes effect January 1, 2005.