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