SB2063sam001 96TH GENERAL ASSEMBLY

Sen. Dale A. Righter

Filed: 3/10/2009

09600SB2063sam001 LRB096 10902 JAM 23303 a

AMENDMENT TO SENATE BILL 2063

AMENDMENT NO. ______. Amend Senate Bill 2063 by replacing everything after the enacting clause with the following:

"Section 5. The Election Code is amended by adding Sections 9-2.5 and 9-8.5 as follows:

(10 ILCS 5/9-2.5 new)

Sec. 9-2.5. Single political committee; dissolution of committee.

(a) Except as provided by this Section, no public official or candidate for public office may establish more than one political committee for each office that public official or candidate occupies or is seeking.

(b) A public official with one or more pre-existing committees bound by the limits of any subsection of Section 9-8.5 considering a candidacy for any office covered by the limits of any different subsection of Section 9-8.5 must form a new committee, to be termed an exploratory committee. A pre-existing committee created for the primary purpose of aiding that candidate's election to other offices that ceases all fundraising after the creation of an exploratory committee may transfer funds without limit to an exploratory committee. Should the candidate decide against running for the new office, fail to qualify for the ballot at the next election, or lose the next election, any remaining funds held by the exploratory committee shall be returned to contributors or donated to charity, and the committee shall be closed, within 90 days.

(c) The public officials elected President of the Senate, Minority Leader of the Senate, Speaker of the House of Representatives, and Minority Leader of the House of Representatives may each establish and operate one additional political committee for the purpose of supporting the election of candidates to the General Assembly. The committees provided for in this subsection (c) shall not be considered established by the President of the Senate, Minority Leader of the Senate, Speaker of the House of Representatives, or Minority Leader of the House of Representatives for purposes of Section 9-8.5.

(d) A political committee established in accordance with subsection (a) or (b) must be dissolved within 30 days after (i) the candidate's withdrawal from the campaign or defeat for the nomination or election sought or (ii) the public official no longer holds the public office for which the committee was established. All funds of a committee that is not dissolved as required by this subsection shall escheat to the State and be deposited into the State treasury.

(10 ILCS 5/9-8.5 new)

Sec. 9-8.5. Contribution limit.

(a) An individual, corporation, labor organization, association, or other group may not make one or more contributions, including cash and in-kind contributions, in excess of $5,000 in the aggregate in one calendar year to any candidate for public office. A political committee of which a State or local political party is the sponsoring entity may not make one or more transfers in excess of $5,000 in the aggregate in one calendar year to any candidate for public office. For the purpose of this Section, "candidate" includes the candidate personally and any one or more political committees established by, on behalf of, or to promote that candidate.

(b) An individual, corporation, labor organization, association, or other group may not make one or more contributions, including cash and in-kind contributions, in excess of $5,000 in the aggregate in one calendar year to one or more committees in support of or in opposition to a question of public policy to be submitted to electors. A political committee of which a State or local political party is the sponsoring entity may not make one or more transfers in excess of $5,000 in the aggregate in one calendar year to one or more committees in support of or in opposition to a question of public policy to be submitted to electors.

(c) When (i) a corporation and any of its subsidiaries, branches, divisions, departments, or local units, (ii) a labor organization and any of its subsidiaries, branches, divisions, departments, or local units, or (iii) an association or any of its affiliates, subsidiaries, branches, divisions, departments, or local units contribute to one or more political committees or establish, maintain, or control more than one separate segregated fund qualified as a political committee, all of the related contributing entities shall be treated as a single contributing entity for the purposes of the limitations established by this Section.

(d) Nothing in this Section shall be construed to limit a candidate's or public official's contribution of his or her personal funds to the political committee established by that candidate or public official.

(e) The dollar amounts established in this Section shall be adjusted annually by the State Board of Elections in accordance with the federal Consumer Price Index.

(f) As used in this Section:

(1) "Association" means any group, club, meeting, collective, membership organization, collection of persons, entity organized under Section 501 or 527 of the Internal Revenue Code, or other entity other than a natural person, except that an association does not include a political committee organized under this Article.

(2) "Corporation" includes a limited liability company, partnership, professional practice, cooperative, or sole proprietorship, whether organized on a for-profit or non-profit basis.

(3) "Labor organization" means any organization of any kind or any agency or employee representation committee or plan in which employees participate and that exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of work.".