093_HB1330

 
                                     LRB093 10531 RCE 10904 b

 1        AN ACT concerning ethics.

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

 4        Section 5.  The State Gift Ban Act is amended by changing
 5    Sections 5, 10, 15, 20, 30, 35, 45, 55, 60, 80, 83, and 85 as
 6    follows:

 7        (5 ILCS 425/5)
 8        Sec. 5.  Definitions.  As used in this Act:
 9        "Commission"  means  an ethics commission created by this
10    Act.
11        "Employee" means  the  following  of  the  executive  and
12    legislative  branches  of  State  government:  all full-time,
13    part-time, and contractual employees, appointed  and  elected
14    officials, and directors of a governmental entity.
15        "Gift"   means  any  gratuity,  discount,  entertainment,
16    hospitality,  loan,  forbearance,  or   other   tangible   or
17    intangible  item  having  monetary  value  including, but not
18    limited to, cash, food and drink, and honoraria for  speaking
19    engagements   related   to   or  attributable  to  government
20    employment or the official position of an  employee,  member,
21    or officer, or judge.
22        "Governmental   entity"   means   each   office,   board,
23    commission,   agency,   department,  authority,  institution,
24    university, body politic and corporate, administrative  unit,
25    and  corporate  outgrowth  of the executive and, legislative,
26    and judicial branches of State government, whether created by
27    the Illinois Constitution, by or in accordance with  statute,
28    or by executive order of the Governor.  "Governmental entity"
29    includes the Health Facilities Planning Board.
30        "Judge"  means judges and associate judges of the Supreme
31    Court, Appellate Courts, and Circuit Courts.
 
                            -2-      LRB093 10531 RCE 10904 b
 1        "Member" means a member of the General Assembly.
 2        "Officer" means a State constitutional officer.
 3        "Political  organization"  means  a   party,   committee,
 4    association,  fund,  or  other  organization  (whether or not
 5    incorporated)  organized  and  operated  primarily  for   the
 6    purpose  of directly or indirectly accepting contributions or
 7    making expenditures, or both, for the function of influencing
 8    or  attempting  to  influence  the   selection,   nomination,
 9    election,  or  appointment  of any individual to any federal,
10    state, or local  public  office  or  office  in  a  political
11    organization,    or   the   election   of   Presidential   or
12    Vice-Presidential electors, whether or  not the individual or
13    electors are selected, nominated, elected, or appointed.  The
14    term includes the  making  of  expenditures  relating  to  an
15    office  described in the preceding sentence that, if incurred
16    by the individual, would be allowable as a federal income tax
17    deduction for trade or business expenses.
18        "Prohibited source" means any person or entity who:
19             (1)  is seeking official action (i)  by  the  member
20        or, officer, or judge or (ii) in the case of an employee,
21        by  the  employee  or  by  the  member,  officer,  judge,
22        governmental  entity,  or  other  employee  directing the
23        employee;
24             (2)  does business or seeks to do business (i)  with
25        the  member or, officer,  or judge or (ii) in the case of
26        an employee,  with  the  employee  or  with  the  member,
27        officer,  judge,  governmental  entity, or other employee
28        directing the employee;
29             (3)  conducts activities regulated (i) by the member
30        or, officer, or judge or (ii) in the case of an employee,
31        by  the  employee  or  by  the  member,  officer,  judge,
32        governmental entity,  or  other  employee  directing  the
33        employee;
34             (4)    has   interests  that  may  be  substantially
 
                            -3-      LRB093 10531 RCE 10904 b
 1        affected by the performance  or  non-performance  of  the
 2        official  duties  of the member, officer, or employee, or
 3        judge; or
 4             (5)  is registered or required to be registered with
 5        the Secretary of State under  the  Lobbyist  Registration
 6        Act.
 7        "Ultimate jurisdictional authority" means the following:
 8             (1)  For   members,   partisan   staff,   and  their
 9        secretaries,   the   appropriate   legislative    leader:
10        President  of  the Senate, Minority Leader of the Senate,
11        Speaker of the  House  of  Representatives,  or  Minority
12        Leader of the House of Representatives.
13             (2)  For  State employees who are professional staff
14        or employees of the Senate and  not  covered  under  item
15        (1), the Senate Operations Commission.
16             (3)  For  State employees who are professional staff
17        or employees of the  House  of  Representatives  and  not
18        covered  under  item  (1),  the  Speaker  of the House of
19        Representatives.
20             (4)  For State employees who are  employees  of  the
21        legislative   support   services   agencies,   the  Joint
22        Committee on Legislative Support Services.
23             (5)  (Blank). For judges, the Chief Justice  of  the
24        Supreme Court.
25             (6)  (Blank).  For  State  employees of the judicial
26        branch, the Administrative Office of the Illinois Courts.
27             (7)  For State  employees  of  an  executive  branch
28        constitutional  officer, the appropriate executive branch
29        constitutional officer.
30             (8)  For State employees not under the  jurisdiction
31        of  paragraph  (1),  (2), (3), (4), (5), (6), or (7), the
32        Governor.
33             (9)  For officers, the General Assembly.
34    (Source: P.A. 90-737, eff. 1-1-99; 91-782, eff. 6-9-00.)
 
                            -4-      LRB093 10531 RCE 10904 b
 1        (5 ILCS 425/10)
 2        Sec. 10.  Gift ban. Except as otherwise provided in  this
 3    Act, no member, officer, or employee,or judge shall knowingly
 4    solicit  or  accept  any gift of more than $100 per year from
 5    any prohibited source or in violation of any federal or State
 6    statute,  rule,  or  regulation.  This  ban  applies  to  and
 7    includes spouses of and  immediate  family  living  with  the
 8    member,  officer, or employee, or judge. No prohibited source
 9    shall offer or make a gift that violates this Section.
10    (Source: P.A. 90-737, eff. 1-1-99.)

11        (5 ILCS 425/15)
12        Sec. 15.  Exceptions.  The restriction in Section 10 does
13    not apply to the following:
14        (1)  Opportunities and benefits that are available to the
15    general public.  Anything  for  which  the  member,  officer,
16    employee, or judge pays the market value or anything not used
17    and promptly disposed of as provided in Section 25.
18        (2)  A  contribution,  as  defined  in  Article  9 of the
19    Election Code  that  is  lawfully  made  under  that  Act  or
20    attendance  at  a  fundraising event sponsored by a political
21    organization.
22        (3)  Educational materials and missions.
23        (4)  Travel expenses  for  a  meeting  to  discuss  State
24    business.
25        (5)  A gift from a relative, meaning those people related
26    to  the individual as father, mother, son, daughter, brother,
27    sister, uncle, aunt, great aunt, great uncle,  first  cousin,
28    nephew,   niece,  husband,  wife,  grandfather,  grandmother,
29    grandson,   granddaughter,   father-in-law,    mother-in-law,
30    son-in-law,  daughter-in-law,  brother-in-law, sister-in-law,
31    stepfather, stepmother, stepson,  stepdaughter,  stepbrother,
32    stepsister,  half  brother,  half  sister,  and including the
33    father,  mother,   grandfather,   or   grandmother   of   the
 
                            -5-      LRB093 10531 RCE 10904 b
 1    individual's spouse and the individual's fiance or fiancee.
 2        (6)(4)  Anything  provided  by an individual on the basis
 3    of  a  personal  friendship  unless  the   member,   officer,
 4    employee,  or  judge  has  reason  to believe that, under the
 5    circumstances, the gift was provided because of the  official
 6    position  or  employment of the member, officer, or employee,
 7    or judge and not because of the personal friendship.
 8        In determining whether a gift is provided on the basis of
 9    personal friendship, the member,  officer,  or  employee,  or
10    judge  shall  consider the circumstances under which the gift
11    was offered, such as:
12             (i)  the history of  the  relationship  between  the
13        individual giving the gift and the recipient of the gift,
14        including  any  previous  exchange of gifts between those
15        individuals;
16             (ii)  whether to the actual knowledge of the member,
17        officer, or employee, or judge the  individual  who  gave
18        the  gift  personally  paid  for the gift or sought a tax
19        deduction or business reimbursement for the gift; and
20             (iii)  whether  to  the  actual  knowledge  of   the
21        member, officer, or employee, or judge the individual who
22        gave  the  gift  also  at  the same time gave the same or
23        similar gifts to other members, officers,  or  employees,
24        or judges.
25        (7)  Food or refreshments not exceeding $75 per person in
26    value;  provided  that  the  food  or  refreshments  are  (i)
27    consumed  on  the  premesis from which they were purchased or
28    prepared or (ii) catered. For the purposes of  this  Section,
29    "catered" means food or refreshments that are purchased ready
30    to  eat  and  delivered  by  any  means.  (5)  A commercially
31    reasonable loan evidenced in writing with repayment due by  a
32    date  certain  made  in  the  ordinary course of the lender's
33    business.
34        (6)  A contribution or other payments to a legal  defense
 
                            -6-      LRB093 10531 RCE 10904 b
 1    fund  established  for  the  benefit  of  a  member, officer,
 2    employee, or judge that is otherwise lawfully made.
 3        (8)(7)  Intra-office and  inter-office  gifts.   For  the
 4    purpose of this Act, "intra-office gifts" means:
 5             (i)  any  gift  given to a member or employee of the
 6        legislative branch from another member or employee of the
 7        legislative branch;
 8             (ii)  (Blank). any gift given to a judge or employee
 9        of the judicial branch from another judge or employee  of
10        the judicial branch;
11             (iii)  any  gift  given to an officer or employee of
12        the executive branch from another officer or employee  of
13        the executive branch;
14             (iv)  (Blank).  any  gift  given  to  an  officer or
15        employee of a unit of local government, home  rule  unit,
16        or school district, from another employee of that unit of
17        local government, home rule unit, or school district;
18             (v)  any gift given to an officer or employee of any
19        other  governmental  entity  not included in item (i) or,
20        (ii), (iii), or  (iv),  from  another  employee  of  that
21        governmental entity; or
22             (vi)  any  gift given to a member or employee of the
23        legislative branch, a judge or employee of  the  judicial
24        branch,  an  officer or employee of the executive branch,
25        an officer or employee of a  unit  of  local  government,
26        home  rule  unit,  or  school  district, or an officer or
27        employee of any other governmental entity not included in
28        item (i) or, (ii),  (iii),  or  (iv)  from  a  member  or
29        employee  of  the legislative branch, a judge or employee
30        of the judicial branch, an officer  or  employee  of  the
31        executive  branch,  an  officer  or employee of a unit of
32        local government, home rule unit, or school district,  or
33        an officer or employee of any other governmental entity.
34        (8)  Food,  refreshments,  lodging,  transportation,  and
 
                            -7-      LRB093 10531 RCE 10904 b
 1    other benefits:
 2             (i)  resulting   from   the   outside   business  or
 3        employment activities (or outside activities that are not
 4        connected to the duties of the member, officer, employee,
 5        or judge, as an office holder or employee) of the member,
 6        officer, employee, judge, or the spouse  of  the  member,
 7        officer,  employee,  or  judge,  if the benefits have not
 8        been offered or enhanced because of the official position
 9        or employment of the member, officer, employee, or  judge
10        and   are  customarily  provided  to  others  in  similar
11        circumstances;
12             (ii)  customarily provided by a prospective employer
13        in connection with bona fide employment discussions; or
14             (iii)  provided  by  a  political  organization   in
15        connection with a fundraising or campaign event sponsored
16        by that organization.
17        (9)  Pension  and other benefits resulting from continued
18    participation  in  an  employee  welfare  and  benefits  plan
19    maintained by a former employer.
20        (10)  Informational materials that are sent to the office
21    of the member, officer, employee, or judge  in  the  form  of
22    books,   articles,   periodicals,  other  written  materials,
23    audiotapes, videotapes, or other forms of communication.
24        (11)  Awards or prizes that are given to  competitors  in
25    contests  or  events  open  to  the  public, including random
26    drawings.
27        (12)  Honorary  degrees  (and  associated  travel,  food,
28    refreshments, and entertainment provided in the  presentation
29    of degrees and awards).
30        (13)  Training (including food and refreshments furnished
31    to  all  attendees  as  an  integral  part  of  the training)
32    provided to a member, officer, employee,  or  judge,  if  the
33    training is in the interest of the governmental entity.
34        (14)  Educational   missions,   including  meetings  with
 
                            -8-      LRB093 10531 RCE 10904 b
 1    government officials either foreign or domestic, intended  to
 2    educate  public  officials  on  matters  of public policy, to
 3    which the member, officer, employee, or judge may be  invited
 4    to  participate  along  with  other  federal, state, or local
 5    public officials and community leaders.
 6        (9)(15)  Bequests, inheritances, and other  transfers  at
 7    death.
 8        (16)  Anything   that   is   paid   for  by  the  federal
 9    government, the State, or a governmental entity,  or  secured
10    by  the  government or governmental entity under a government
11    contract.
12        (17)  A gift of personal  hospitality  of  an  individual
13    other  than  a  registered  lobbyist  or  agent  of a foreign
14    principal, including hospitality extended for  a  nonbusiness
15    purpose  by an individual, not a corporation or organization,
16    at  the  personal  residence  of  that  individual   or   the
17    individual's  family  or  on  property or facilities owned by
18    that individual or the individual's family.
19        (18)  Free  attendance  at  a   widely   attended   event
20    permitted under Section 20.
21        (19)  Opportunities and benefits that are:
22             (i)  available   to   the   public  or  to  a  class
23        consisting  of  all  employees,  officers,  members,   or
24        judges,  whether  or  not  restricted  on  the  basis  of
25        geographic consideration;
26             (ii)  offered  to  members  of  a  group or class in
27        which membership is unrelated to employment  or  official
28        position;
29             (iii)  offered to members of an organization such as
30        an  employee's  association  or  credit  union,  in which
31        membership is related to employment or official  position
32        and similar opportunities are available to large segments
33        of the public through organizations of similar size;
34             (iv)  offered  to  any  group  or  class that is not
 
                            -9-      LRB093 10531 RCE 10904 b
 1        defined in a manner that specifically discriminates among
 2        government employees on the basis of branch of government
 3        or type of responsibility, or  on  a  basis  that  favors
 4        those of higher rank or rate of pay;
 5             (v)  in  the  form  of  loans  from  banks and other
 6        financial institutions on terms  generally  available  to
 7        the public; or
 8             (vi)  in  the  form  of  reduced membership or other
 9        fees for participation in organization activities offered
10        to all government employees by professional organizations
11        if  the  only  restrictions  on  membership   relate   to
12        professional qualifications.
13        (20)  A   plaque,   trophy,   or   other   item  that  is
14    substantially commemorative in nature and  that  is  extended
15    for presentation.
16        (21)  Golf  or  tennis;  food  or refreshments of nominal
17    value and catered food or refreshments;  meals  or  beverages
18    consumed on the premises from which they were purchased.
19        (22)  Donations of products from an Illinois company that
20    are  intended  primarily  for  promotional  purposes, such as
21    display or free distribution, and are of minimal value to any
22    individual recipient.
23        (10) (23)  Any item or  items  from  any  one  prohibited
24    source  during  any  calendar  year having a cumulative total
25    value of less than $100.
26    (Source: P.A. 92-853, eff. 8-28-02.)

27        (5 ILCS 425/20)
28        Sec. 20.  Attendance at meetings events.
29        (a)  A member, officer, or employee, or judge may  accept
30    travel expenses in connection with a meeting to discuss State
31    business,  as  defined  by  rules  adopted by the appropriate
32    ethics commission. an offer of free attendance  at  a  widely
33    attended  convention,  conference,  symposium,  forum,  panel
 
                            -10-     LRB093 10531 RCE 10904 b
 1    discussion,  dinner,  viewing,  reception,  or similar event,
 2    provided by the sponsor of the event, if:
 3             (1)  the  member,  officer,   employee,   or   judge
 4        participates  in  the  event  as  a  speaker  or  a panel
 5        participant,  by  presenting   information   related   to
 6        government,   or  by  performing  a  ceremonial  function
 7        appropriate to the member's,  officer's,  employee's,  or
 8        judge's official position or employment; or
 9             (2)  attendance  at  the event is appropriate to the
10        performance of civic affairs in Illinois or the  official
11        duties or representative function of the member, officer,
12        employee, or judge.
13        (b)  A member, officer, employee, or judge who attends an
14    event  described  in  subsection  (a)  may accept a sponsor's
15    unsolicited offer of free attendance  at  the  event  for  an
16    accompanying individual.
17        (c)  A member, officer, employee, or judge, or the spouse
18    or  dependent  thereof,  may  accept  a sponsor's unsolicited
19    offer of free attendance at  a  charity  event,  except  that
20    reimbursement  for  transportation  and  lodging  may  not be
21    accepted in connection with the event.
22        (d)  For  purposes  of  this  Section,  the  term   "free
23    attendance" may include waiver of all or part of a conference
24    or  other  fee,  the  provision  of  transportation,  or  the
25    provision   of   food,   refreshments,   entertainment,   and
26    instructional  materials  furnished  to  all  attendees as an
27    integral part of  the  event.   The  term  does  not  include
28    entertainment  collateral  to  the event, nor does it include
29    food or refreshments taken other than in a group setting with
30    all  or  substantially  all  other   attendees,   except   as
31    authorized under subsection (21) of Section 15.
32    (Source: P.A. 90-737, eff. 1-1-99.)

33        (5 ILCS 425/30)
 
                            -11-     LRB093 10531 RCE 10904 b
 1        Sec. 30.  Reimbursement. (Blank).
 2        (a)  A  reimbursement  (including  payment  in kind) to a
 3    member, officer, employee, or judge  from  a  private  source
 4    other  than  a  registered  lobbyist  or  agent  of a foreign
 5    principal for necessary transportation, lodging, and  related
 6    expenses  for  travel to a meeting, speaking engagement, fact
 7    finding trip, or similar event in connection with the  duties
 8    of  the  member,  officer,  employee,  or  judge as an office
 9    holder or employee shall be deemed to be a  reimbursement  to
10    the governmental entity and not a gift prohibited by this Act
11    if the member, officer, employee, or judge:
12             (1)  discloses  the  expenses  reimbursed  or  to be
13        reimbursed and the authorization  to  the  Clerk  of  the
14        House  of  Representatives,  the Secretary of the Senate,
15        the  State  Comptroller,  fiscal  officer,   or   similar
16        authority as appropriate, within 30 days after the travel
17        is completed; and
18             (2)  in  the  case  of an employee, receives advance
19        authorization, from the member, officer, judge, or  other
20        employee  under  whose  direct  supervision  the employee
21        works to accept reimbursement.
22        (b)  For  purposes  of  subsection   (a),   events,   the
23    activities of which are substantially recreational in nature,
24    shall  not  be considered to be in connection with the duties
25    of a member, officer, employee, or judge as an office  holder
26    or employee.
27        (c)  Each  advance  authorization to accept reimbursement
28    shall be signed by  the  member,  officer,  judge,  or  other
29    employee  under  whose  direct supervision the employee works
30    and shall include:
31             (1)  the name of the employee;
32             (2)  the name  of  the  person  who  will  make  the
33        reimbursement;
34             (3)  the time, place, and purpose of the travel; and
 
                            -12-     LRB093 10531 RCE 10904 b
 1             (4)  a   determination   that   the   travel  is  in
 2        connection with the duties of the employee as an employee
 3        and would not create the appearance that the employee  is
 4        using public employment for private gain.
 5        (d)  Each   disclosure   made  under  subsection  (a)  of
 6    expenses reimbursed or to be reimbursed shall  be  signed  by
 7    the  member,  officer, or judge (in the case of travel by the
 8    member, officer, or judge) or by the member, officer,  judge,
 9    or other employee under whose direct supervision the employee
10    works  (in  the  case  of  travel  by  an employee) and shall
11    include:
12             (1)  a good faith estimate of  total  transportation
13        expenses reimbursed or to be reimbursed;
14             (2)  a good faith estimate of total lodging expenses
15        reimbursed or to be reimbursed;
16             (3)  a  good  faith  estimate of total meal expenses
17        reimbursed or to be reimbursed;
18             (4)  a good faith estimate of  the  total  of  other
19        expenses reimbursed or to be reimbursed; and
20             (5)  a  determination  that  all  those expenses are
21        necessary transportation, lodging, and related expenses.
22    (Source: P.A. 90-737, eff. 1-1-99.)

23        (5 ILCS 425/35)
24        Sec. 35.  Ethics Officer. Each officer and  the  head  of
25    each  governmental  entity  shall designate an Ethics Officer
26    for the office or governmental entity.  For  the  legislative
27    branch,  the  President and Minority Leader of the Senate and
28    the  Speaker  and   Minority   Leader   of   the   House   of
29    Representatives  shall each appoint an ethics officer for the
30    legislative members of their political party. Ethics Officers
31    shall:
32             (1)  review  statements  of  economic  interest  and
33        disclosure forms of  members,  officers,  judges,  senior
 
                            -13-     LRB093 10531 RCE 10904 b
 1        employees,  and  contract  monitors before they are filed
 2        with the  Secretary of State; and
 3             (2)  provide  guidance  to  members,  officers,  and
 4        employees,  and  judges   in   the   interpretation   and
 5        implementation of this Act. Such guidance shall be based,
 6        wherever  possible, upon the findings and opinions of the
 7        related Ethics Commission.
 8    (Source: P.A. 90-737, eff. 1-1-99.)

 9        (5 ILCS 425/45)
10        Sec. 45.  Ethics Commissions.
11        (a)  Ethics Commissions are created for the  branches  of
12    government   as   provided   in  this  Section.  The  initial
13    appointments to each commission shall be made within 60  days
14    after  the  effective  date  of  this  Act.   The  appointing
15    authorities  shall  appoint commissioners who have experience
16    holding governmental office or employment and  shall  appoint
17    commissioners  from  the  general  public  or from within the
18    appointing authority's branch of  government.  No  appointing
19    authority  shall  appoint  anyone who has been convicted of a
20    felony or anyone who is actively engaged in  activities  that
21    qualify  him or her as a "prohibited source" under Section 5.
22    An appointing authority shall not appoint more than 2  people
23    who  have  been  engaged in activities that qualify them as a
24    "prohibited source" under Section 5 during the preceeding  12
25    months.  With  respect  to  each  of  the  ethics commissions
26    designated in item items (1), (2), (3), (4), and (5), no more
27    than 4 of the 7 appointees shall be  of  the  same  political
28    party.   The  appointee  shall establish his or her political
29    party affiliation by his or her last record of  voting  in  a
30    party primary election.
31             (1)  For  the  ethics  commission  of  the executive
32        branch, there shall be 8 commissioners,  4  appointed  by
33        the  Governor and 4 appointed by the next highest ranking
 
                            -14-     LRB093 10531 RCE 10904 b
 1        statewide constitutional officer who is not of  the  same
 2        political   party  as  the  Governor.  If  all  statewide
 3        constitutional officers are of the same political  party,
 4        then  members  appointed  to  represent another political
 5        party must be confirmed by a three-fifths majority of the
 6        Senate. This ethics commission  shall  have  jurisdiction
 7        over all of the executive branch of the State government.
 8        For  the ethics commission of the Governor there shall be
 9        7 commissioners appointed by the  Governor.  This  ethics
10        commission  shall  have  jurisdiction  over  all  of  the
11        executive  branch of State government except the officers
12        specified in items (2),  (3),  (4),  and  (5)  and  their
13        employees.
14             (2)  (Blank).  For  the  ethics  commission  of  the
15        Attorney General there shall be 7 commissioners appointed
16        by the Attorney General.
17             (3)  (Blank).  For  the  ethics  commission  of  the
18        Secretary   of  State  there  shall  be  7  commissioners
19        appointed by the Secretary of State.
20             (4)  (Blank).  For  the  ethics  commission  of  the
21        Comptroller there shall be 7 commissioners  appointed  by
22        the Comptroller.
23             (5)  (Blank).  For  the  ethics  commission  of  the
24        Treasurer there shall be 7 commissioners appointed by the
25        Treasurer.
26             (6)  For  the  ethics  commission of the legislative
27        branch there shall be 8 commissioners.  The  Speaker  and
28        the  Minority  Leader of the House of Representatives and
29        the President and the Minority Leader of the Senate shall
30        each appoint 2 commissioners.
31             (7)  For  the  ethics  commission  of  the  judicial
32        branch there shall be 6 commissioners.  The Chief Justice
33        of the Supreme Court shall appoint the commissioners with
34        the concurrence of 3 other Supreme Court Judges.
 
                            -15-     LRB093 10531 RCE 10904 b
 1        (b)  At the first meeting of each commission, the initial
 2    appointees  shall  draw  lots  to  divide  into   2   groups.
 3    Commissioners  of  the  first group shall serve 2-year terms,
 4    and commissioners of the second group  shall  serve  one-year
 5    terms.  Thereafter commissioners shall be appointed to 2-year
 6    terms. Commissioners may be reappointed to  serve  subsequent
 7    terms.
 8        (c)  The  respective  appointing authority or authorities
 9    may remove a commissioner  appointed  by  that  authority  or
10    those  authorities  in case of incompetency, neglect of duty,
11    or malfeasance in office after service on the commissioner by
12    certified mail, return receipt requested, of a  copy  of  the
13    written  charges  against the commissioner and an opportunity
14    to be heard in person or by counsel upon  not  less  than  10
15    days'  notice.  Vacancies  shall be filled by the appropriate
16    appointing authority or authorities in  accordance  with  the
17    procedures in subsection (a).
18        (d)  Each  commission  must  meet, either in person or by
19    telephone, at least once per  month.  Each  commission  shall
20    meet  as often as necessary to perform its duties. Except for
21    the ethics commission for  the  legislative  branch,  At  the
22    first  meeting  of  the  executive branch each commission the
23    commissioners shall choose a chairperson from  their  number.
24    For  the  ethics  commission  for the legislative branch, the
25    President of the Senate  and  whichever  of  the  Speaker  or
26    Minority  Leader  of the House is of the same political party
27    as the  President  shall  jointly  designate  one  member  as
28    co-chair;  the  other  2  legislative  leaders  shall jointly
29    designate the other co-chair. Meetings shall be held  at  the
30    call  of  the  chairperson  or any 2 commissioners.  Official
31    action by the commission shall require the  affirmative  vote
32    of  the  number of commissioners provided in this subsection,
33    and a quorum shall consist of  the  number  of  commissioners
34    provided  in  this  subsection.  The  number of commissioners
 
                            -16-     LRB093 10531 RCE 10904 b
 1    required for a quorum and the affirmative vote of each ethics
 2    commission shall be as follows: for the executive  branch,  5
 3    Governor,  4;  for the Attorney General, 4; for the Secretary
 4    of State, 4; for the Treasurer, 4; for  the  Comptroller,  4;
 5    for  the  legislative  branch, 5; for the judicial branch, 4.
 6    Commissioners may be reimbursed for their reasonable expenses
 7    actually incurred in the performance of their duties.
 8    (Source: P.A. 90-737, eff. 1-1-99.)

 9        (5 ILCS 425/55)
10        Sec. 55.  Powers and duties.  Each commission shall  have
11    the following powers and duties:
12        (1)  To  promulgate  procedures  and  rules governing the
13    performance of its duties and the  exercise  of  its  powers.
14    Rules  defining  "a meeting to conduct State business", rules
15    concerning  the  disclosure  of  reimbursements,  and   rules
16    concerning  where  a complaint under Section 60 must be filed
17    must be adopted as soon as possible,  but  in  any  case,  no
18    later than 120 days after appointment of the initial members.
19    The  commissions may adopt emergency rules under Section 5-45
20    of the Illinois Administrative Procedure Act.
21        (2)  Upon  receipt  of  a  signed,   notarized,   written
22    complaint,  to  investigate, conduct research, conduct closed
23    hearings and deliberations, issue recommendations, and impose
24    a fine.
25        (3)  To act only upon the receipt of a written  complaint
26    alleging   a   violation  of  the  Acts  over  which  it  has
27    jurisdiction of this Act and not upon its own prerogative.
28        (4)  To receive information from the public pertaining to
29    its investigations and to require additional information  and
30    documents  from  persons  who may have violated the Acts over
31    which it has jurisdiction this Act.
32        (5)  To subpoena witnesses and compel the  production  of
33    books  and papers pertinent to an investigation authorized by
 
                            -17-     LRB093 10531 RCE 10904 b
 1    the Acts over which it has jurisdiction this Act.
 2        (6)  To request that the Attorney General  provide  legal
 3    advice without charge to the commission.
 4        (7)  To prepare and publish manuals and guides explaining
 5    the  duties  of individuals under its jurisdiction covered by
 6    this Act.
 7        (8)  To   prepare   public   information   materials   to
 8    facilitate compliance, implementation, and enforcement of the
 9    Acts over which it has jurisdiction this Act.
10        (9)  To  submit   to   each   commissioner's   respective
11    appointing  authority  or  authorities  an annual statistical
12    report  for  each  year  consisting  of  (i)  the  number  of
13    complaints filed, (ii) the number  of  complaints  deemed  to
14    sufficiently  allege  a  violation  of  this  Act,  (iii) the
15    recommendation, fine, or decision issued for each  complaint,
16    (iv) the number of complaints resolved, and (v) the status of
17    pending complaints.
18        (10)  To  make  ruling  and  issue  advisory  opinions in
19    connection with the implementation and interpretation of  the
20    Acts over which it has jurisdiction.
21        The  powers  and  duties  of  a commission are limited to
22    matters clearly within the purview of the Acts over which  it
23    has  jurisdiction.  The ethics commission may address matters
24    arising  under  this  Act;  the  State  Employees   Political
25    Activity  Act;  those  Sections  of the Election Code dealing
26    with prohibited solicitations  by  certain  State  officials,
27    employees,  and  appointees,  prohibited  offer  or  promise,
28    contributions  on State property, and disclosure on political
29    literature; those Sections of the Illinois  Procurement  Code
30    dealing  with revolving door prohibitions; and those Sections
31    of the  Criminal  Code  of  1961  dealing  with  solicitation
32    misconduct this Act.
33    (Source: P.A. 90-737, eff. 1-1-99.)
 
                            -18-     LRB093 10531 RCE 10904 b
 1        (5 ILCS 425/60)
 2        Sec. 60.  Complaint procedure.
 3        (a)  Complaints  alleging the violation of this Act shall
 4    be filed with the appropriate ethics commission as follows:
 5             (1)  If the complaint  alleges  a  violation  by  an
 6        officer  or  employee  of  the  executive branch of State
 7        government,  then  the  complaint  shall  be  filed,   as
 8        provided  by  rule, with the executive branch appropriate
 9        ethics commission within the executive branch.
10             (2)  (Blank). If the complaint alleges  a  violation
11        by  a  judge  or  employee  of  the  judicial  branch  of
12        government,  then  the  complaint shall be filed with the
13        judicial ethics commission.
14             (3)  If the  complaint  alleges  a  violation  by  a
15        member  or  employee  of  the legislative branch of State
16        government or any employee not included within paragraphs
17        (1) or  (2),  then  the  complaint  shall  be  filed,  as
18        provided by rule, with the legislative ethics commission.
19             (4)  If  an  ethics  commission receives a complaint
20        that  raises   allegations   about   people   under   the
21        jurisdiction  of  the  other  ethics commission, it shall
22        transmit that complaint to the other ethics commission.
23        Any complaint received  by  or  incident  reported  to  a
24    member,  officer,  employee,  judge,  or  governmental entity
25    alleging the violation of this Act shall be forwarded to  the
26    appropriate  commission.  The complaint shall not be properly
27    filed until submitted to the appropriate commission.
28        (b)  Within 3 business  days  after  the  receipt  of  an
29    ethics  complaint,  the  commission  shall  send by certified
30    mail, return receipt requested, a notice  to  the  respondent
31    that a complaint has been filed against him or her and a copy
32    of  the  complaint.  The  commission  shall send by certified
33    mail, return receipt requested, a confirmation of the receipt
34    of the complaint to the complainant within  3  business  days
 
                            -19-     LRB093 10531 RCE 10904 b
 1    after  the  submittal  to  the commission. The notices to the
 2    respondent and the complainant shall also advise them of  the
 3    date,  time,  and  place of the meeting on the sufficiency of
 4    the complaint and probable cause.
 5        (c)  Upon  at  least  24  hours'  public  notice  of  the
 6    session, the commission shall meet, either in  person  or  by
 7    telephone,  in  a closed session to review the sufficiency of
 8    the complaint and, if the complaint is deemed to sufficiently
 9    allege a violation of this Act,  to  determine  if  there  is
10    probable   cause,   based   on   evidence  presented  by  the
11    complainant, to proceed.  The commission shall  issue  notice
12    to  the  complainant  and  the respondent of the commission's
13    ruling on the sufficiency of the complaint and, if necessary,
14    on probable cause within 7 business days after receiving  the
15    complaint.  If the complaint is deemed to sufficiently allege
16    a  violation  of  this  Act  and  there is a determination of
17    probable cause, then the commission's notice to  the  parties
18    shall  include  a hearing date scheduled within 4 weeks after
19    the complaint's receipt.  If the complaint is deemed  not  to
20    sufficiently   allege   a   violation   or  if  there  is  no
21    determination of probable cause, then  the  commission  shall
22    send by certified mail, return receipt requested, a notice to
23    the  parties  of  the  decision to dismiss the complaint, and
24    that notice shall be made public.
25        (d)  On the scheduled date and upon at  least  24  hours'
26    public  notice of the meeting, the commission shall conduct a
27    closed meeting, either in person  or  by  telephone,  on  the
28    complaint  and  allow both parties the opportunity to present
29    testimony and evidence.
30        (e)  Within 6 weeks after the  complaint's  receipt,  the
31    commission  shall  (i)  dismiss the complaint or (ii) issue a
32    preliminary recommendation to the alleged violator and to the
33    violator's ultimate jurisdictional authority or impose a fine
34    upon the violator, or both. The particular  findings  in  the
 
                            -20-     LRB093 10531 RCE 10904 b
 1    instant  case,  the  preliminary recommendation, and any fine
 2    shall be made public.
 3        (f)  Within 7 business days after  the  issuance  of  the
 4    preliminary  recommendation or imposition of a fine, or both,
 5    the respondent may file a written demand for a public hearing
 6    on the complaint.  The filing of the demand  shall  stay  the
 7    enforcement   of  the  preliminary  recommendation  or  fine.
 8    Within 2 weeks after receiving  the  demand,  the  commission
 9    shall  conduct  a  public  hearing  on the complaint after at
10    least 24 hours' public notice of the hearing and  allow  both
11    parties  the  opportunity  to present testimony and evidence.
12    Within 5 business days, the commission shall publicly issue a
13    final recommendation to  the  alleged  violator  and  to  the
14    violator's ultimate jurisdictional authority or impose a fine
15    upon the violator, or both.
16        (g)  If a complaint is filed during the 60 days preceding
17    the  date  of  any  election  at  which  the  respondent is a
18    candidate,  the  commission  shall  render  its  decision  as
19    required  under  subsection  (e)  within  7  days  after  the
20    complaint is filed, and during  the  7  days  preceding  that
21    election,  the  commission  shall render such decision before
22    the date of that election, if possible.
23        (h)  A commission may levy a fine of up to $5,000 against
24    any person who knowingly files a frivolous complaint alleging
25    a violation of this Act.
26        (i)  A complaint alleging the violation of this Act  must
27    be filed within one year after the alleged violation.
28        (j)  The  parties  to a proceeding under this Section may
29    agree to extend any of the deadlines imposed by this Section.
30    (Source: P.A. 90-737, eff. 1-1-99.)

31        (5 ILCS 425/80)
32        Sec. 80.  Exemption. Documents  generated  by  an  ethics
33    officer  under this Act are exempt from the provisions of the
 
                            -21-     LRB093 10531 RCE 10904 b
 1    Freedom  of  Information  Act.  Any  complaint  and   related
 2    documents  filed  with  an ethics commission under Section 60
 3    are exempt from the provisions of the Freedom of  Information
 4    Act  so long as no finding of probable cause under subsection
 5    (c) of Section 60  has  been  made  by  the  commission  with
 6    respect  to  that  complaint.  The  proceedings conducted and
 7    documents generated  under  this  Act  are  exempt  from  the
 8    provisions  of  the  Open  Meetings  Act  and  the Freedom of
 9    Information Act.
10    (Source: P.A. 90-737, eff. 1-1-99.)

11        (5 ILCS 425/83)
12        Sec. 83.  Units of local  government;  school  districts.
13    (Blank).  Within  6  months  after the effective date of this
14    Act, units of local government, home rule units,  and  school
15    districts  shall  prohibit the solicitation and acceptance of
16    gifts, and shall enforce  those  prohibitions,  in  a  manner
17    substantially in accordance with the requirements of this Act
18    and  shall  adopt  provisions  no  less  restrictive than the
19    provisions of this Act.  Non-salaried  appointed  or  elected
20    officials may be exempted.
21    (Source: P.A. 90-737, eff. 1-1-99.)

22        (5 ILCS 425/85)
23        Sec. 85.  Home rule preemption. (Blank). A home rule unit
24    may  not  regulate  the  prohibition  of  gifts  to  members,
25    officers,  employees,  or  judges or the enforcement of these
26    provisions in a manner  inconsistent  with  this  Act.   This
27    Section  is a limitation under subsection (i) of Section 6 of
28    Article VII of the Illinois Constitution  on  the  concurrent
29    exercise by home rule units of powers and functions exercised
30    by the State.
31    (Source: P.A. 90-737, eff. 1-1-99.)
 
                            -22-     LRB093 10531 RCE 10904 b
 1        Section 10.  The Open Meetings Act is amended by changing
 2    Section 1.02 as follows:

 3        (5 ILCS 120/1.02) (from Ch. 102, par. 41.02)
 4        Sec. 1.02.  For the purposes of this Act:
 5        "Meeting"  means  any gathering of a majority of a quorum
 6    of the members of a public  body  held  for  the  purpose  of
 7    discussing public business.
 8        "Public   body"   includes  all  legislative,  executive,
 9    administrative or advisory bodies  of  the  State,  counties,
10    townships,   cities,  villages,  incorporated  towns,  school
11    districts  and  all  other  municipal  corporations,  boards,
12    bureaus, committees or commissions of  this  State,  and  any
13    subsidiary  bodies  of any of the foregoing including but not
14    limited to committees and subcommittees which  are  supported
15    in  whole  or  in  part  by  tax revenue, or which expend tax
16    revenue,  except  the  General  Assembly  and  committees  or
17    commissions thereof. "Public body"  includes  tourism  boards
18    and  convention  or  civic  center boards located in counties
19    that are contiguous to the Mississippi River with populations
20    of more than 250,000 but less than  300,000.   "Public  body"
21    includes the Health Facilities Planning Board.  "Public body"
22    does  not  include  a child death review team or the Illinois
23    Child Death Review Teams Executive Council established  under
24    the  Child  Death  Review  Team  Act or an ethics commission,
25    ethics officer, or ultimate jurisdictional  authority  acting
26    under  the  State  Gift  Ban Act as provided by Section 80 of
27    that Act.
28    (Source: P.A. 91-782, eff. 6-9-00; 92-468, eff. 8-22-01.)

29        Section 15.  The Election Code  is  amended  by  changing
30    Sections 9-3, 9-8.10, and 9-10 as follows:

31        (10 ILCS 5/9-3) (from Ch. 46, par. 9-3)
 
                            -23-     LRB093 10531 RCE 10904 b
 1        Sec.  9-3.   Every  state  political  committee and every
 2    local political committee shall file with the State Board  of
 3    Elections,  and  every  local  political committee shall file
 4    with the county clerk, a statement of organization within  10
 5    business  days  of the creation of such committee, except any
 6    political committee created within  the  30  days  before  an
 7    election  shall  file  a  statement  of organization within 5
 8    business days.  A political committee that  acts  as  both  a
 9    state  political  committee  and  a local political committee
10    shall file a copy of each statement of organization with  the
11    State Board of Elections and  the county clerk.
12        The statement of organization shall include -
13        (a)  the name and address of the political committee (the
14    name  of the political committee must include the name of any
15    sponsoring entity);
16        (b)  the scope,  area  of  activity,  party  affiliation,
17    candidate  affiliation  and  his  county  of  residence,  and
18    purposes of the political committee;
19        (c)  the name, address, and position of each custodian of
20    the committee's books and accounts;
21        (d)  the  name,  address, and position of the committee's
22    principal officers, including the  chairman,  treasurer,  and
23    officers and members of its finance committee, if any;
24        (e)  (Blank);
25        (f)  a statement of what specific disposition of residual
26    fund  will  be  made  in  the  event  of  the  dissolution or
27    termination of the committee;
28        (g)  a  listing  of  all   banks   or   other   financial
29    institutions,   safety   deposit   boxes,   and   any   other
30    repositories or custodians of funds used by the committee;
31        (h)  the   amount   of   funds   available  for  campaign
32    expenditures  as  of  the  filing  date  of  the  committee's
33    statement of organization.
34        A political committee that acts as either (i) a state and
 
                            -24-     LRB093 10531 RCE 10904 b
 1    local political committee or (ii) a local political committee
 2    and that files reports electronically under Section  9-28  is
 3    not  required  to  file  a statement of organization with the
 4    appropriate county clerk if the county  clerk  has  a  system
 5    that  permits  access to, and duplication of, statements that
 6    are filed with the State Board of Elections.
 7        For purposes of this Section, a  "sponsoring  entity"  is
 8    (i)    any   person,   political   committee,   organization,
 9    corporation, or association that contributes at least 33%  of
10    the  total  funding  of  the  political committee or (ii) any
11    person or other entity that is registered or is  required  to
12    register  under the Lobbyist Registration Act and contributes
13    at least 33% of the total funding of the political committee.
14    (Source: P.A. 90-495, eff. 1-1-98; 90-737, eff. 1-1-99.)

15        (10 ILCS 5/9-8.10)
16        Sec.  9-8.10.  Use  of  political  committee  and   other
17    reporting organization funds.
18        (a)  The funds of (i) a political committee controlled by
19    an  officeholder  or  by  a candidate or (ii) an organization
20    subject to Section 9-7.5 may be used only for:
21             (1)  Expenditures that would not be included in base
22        income under Section 203 of the Illinois Income  Tax  Act
23        and the regulations promulgated under that Section.
24             (2)  Defraying  the  ordinary and necessary expenses
25        of an officeholder or candidate.   For  the  purposes  of
26        this  paragraph  (2),  "ordinary  and necessary expenses"
27        include, but are not limited to, expenses in relation  to
28        the  operation  of the district office of a member of the
29        General Assembly.
30             (3)  Donations to organizations exempt from taxation
31        under Section 170(c) of the Internal Revenue Code.
32             (4)  Transfers to  any  national,  State,  or  local
33        political  committee,  subject to the laws governing that
 
                            -25-     LRB093 10531 RCE 10904 b
 1        political   committee.   A   political   committee,    or
 2        organization  subject  to  Section  9-7.5, shall not make
 3        expenditures:
 4             (1)  In violation of any law of the United States or
 5        of this State.
 6             (2)  Clearly in excess of the fair market  value  of
 7        the  services, materials, facilities,  or other things of
 8        value received in exchange.
 9             (3)  For satisfaction  or  repayment  of  any  debts
10        other  than loans made to the  committee or to the public
11        official or candidate  on  behalf  of  the  committee  or
12        repayment   of   goods  and  services  purchased  by  the
13        committee under a  credit  agreement.   Nothing  in  this
14        Section  authorizes  the  use  of campaign funds to repay
15        personal loans.  The repayments shall be  made  by  check
16        written  to  the  person  who  made  the  loan  or credit
17        agreement.  The terms  and  conditions  of  any  loan  or
18        credit  agreement  to a committee shall be set forth in a
19        written agreement,  including  but  not  limited  to  the
20        method and amount of repayment, that shall be executed by
21        the chairman or treasurer of the committee at the time of
22        the  loan  or  credit  agreement.   The loan or agreement
23        shall also set forth the rate of interest for  the  loan,
24        if any, which may not substantially exceed the prevailing
25        market  interest  rate  at  the  time  the  agreement  is
26        executed.
27             (4)  For  the satisfaction or repayment of any debts
28        or for the payment of any expenses relating to a personal
29        residence. Campaign funds may not be used  as  collateral
30        for home mortgages.
31             (5)  For  clothing  or  personal  laundry  expenses,
32        except  clothing  items  rented by the public official or
33        candidate for his  or  her  own  use  exclusively  for  a
34        specific campaign-related event, provided that committees
 
                            -26-     LRB093 10531 RCE 10904 b
 1        may   purchase   costumes,   novelty   items,   or  other
 2        accessories worn primarily to advertise the candidacy.
 3             (6)  For the travel expenses of  any  person  unless
 4        the  travel  is  necessary  for fulfillment of political,
 5        governmental, or public  policy  duties,  activities,  or
 6        purposes.
 7             (7)  For   membership   or   club  dues  charged  by
 8        organizations, clubs, or facilities  that  are  primarily
 9        engaged  in  providing  health, exercise, or recreational
10        services; provided, however, that  funds  received  under
11        this  Article may be used to rent the clubs or facilities
12        for a specific campaign-related event.
13             (8)  In  payment  for  anything  of  value  or   for
14        reimbursement of any expenditure for which any person has
15        been  reimbursed by the State or any person. For purposes
16        of  this  item  (8),  a  per  diem  allowance  is  not  a
17        reimbursement.
18             (9)  For the purchase of or installment payment  for
19        a  motor  vehicle  unless  the  political  committee  can
20        demonstrate  that  purchase  of  a  motor vehicle is more
21        cost-effective than leasing a motor vehicle as  permitted
22        under  this item (9).  A political committee may lease or
23        purchase and insure, maintain, and repair a motor vehicle
24        if the  vehicle  will  be  used  primarily  for  campaign
25        purposes  or  for the performance of governmental duties.
26        A committee shall not make expenditures for  use  of  the
27        vehicle  for  non-campaign  or non-governmental purposes.
28        Persons using vehicles  not  purchased  or  leased  by  a
29        political  committee may be reimbursed for actual mileage
30        for the use of the vehicle for campaign purposes  or  for
31        the  performance  of  governmental  duties.   The mileage
32        reimbursements shall be made at a rate not to exceed  the
33        standard  mileage rate method for computation of business
34        expenses under the Internal Revenue Code.
 
                            -27-     LRB093 10531 RCE 10904 b
 1             (10)  Directly for an individual's tuition or  other
 2        educational   expenses,   except   for   governmental  or
 3        political purposes directly related to a  candidate's  or
 4        public official's duties and responsibilities.
 5             (11)  For payments to a public official or candidate
 6        or  his  or her family member unless for compensation for
 7        services actually rendered by that person.
 8        The provisions of this Section item (11) do not apply  to
 9    expenditures  by a political committee in an aggregate amount
10    not exceeding the amount of funds reported to  and  certified
11    by  the  State  Board or county clerk as available as of June
12    30, 1998, in the  semi-annual  report  of  contributions  and
13    expenditures  filed by the political committee for the period
14    concluding June 30, 1998.
15        (b)  The Board shall have the authority  to  investigate,
16    upon  receipt  of  a  verified  complaint,  violations of the
17    provisions of this Section.  The Board may levy a fine on any
18    person who knowingly makes expenditures in violation of  this
19    Section and on any person who knowingly makes a malicious and
20    false  accusation  of  a violation of this Section. The Board
21    may act under this subsection only upon the affirmative  vote
22    of at least 5 of its members.  The fine shall not exceed $500
23    for each expenditure of $500 or less and shall not exceed the
24    amount  of  the  expenditure  plus  $500 for each expenditure
25    greater than $500.  The Board shall also have  the  authority
26    to  render  rulings and issue opinions relating to compliance
27    with this Section.
28    (Source: P.A. 90-737, eff. 1-1-99.)

29        (10 ILCS 5/9-10) (from Ch. 46, par. 9-10)
30        Sec. 9-10.  Financial reports.
31        (a)  The treasurer of every state political committee and
32    the treasurer of every local political committee  shall  file
33    with  the  Board,  and the treasurer of every local political
 
                            -28-     LRB093 10531 RCE 10904 b
 1    committee shall  file  with  the  county  clerk,  reports  of
 2    campaign  contributions,  and semi-annual reports of campaign
 3    contributions and expenditures on forms to be  prescribed  or
 4    approved  by  the  Board.   The  treasurer of every political
 5    committee that acts as both a state political committee and a
 6    local political committee shall file a copy  of  each  report
 7    with  the  State  Board  of  Elections  and the county clerk.
 8    Entities subject to Section 9-7.5 shall file reports required
 9    by that Section at times provided in  this  Section  and  are
10    subject to the penalties provided in this Section.
11        (b)  Reports  of campaign contributions shall be filed no
12    later  than  the  15th  day  next  preceding  each   election
13    including  a  primary  election  in connection with which the
14    political   committee   has   accepted   or   is    accepting
15    contributions  or  has  made or is making expenditures.  Such
16    reports shall be complete as of the 30th day  next  preceding
17    each  election including a primary election.  The Board shall
18    assess a civil penalty not to exceed $5,000 for  a  violation
19    of  this  subsection,  except  that  for  State  officers and
20    candidates and  political  committees  formed  for  statewide
21    office,  the  civil penalty may not exceed $10,000. The fine,
22    however, shall not exceed $500 for a first  filing  violation
23    for  filing less than 10 days after the deadline. There shall
24    be no fine if the report is mailed and postmarked at least 72
25    hours prior to the filing deadline. For the purpose  of  this
26    subsection,  "statewide office" and "State officer" means the
27    Governor, Lieutenant Governor, Attorney General, Secretary of
28    State, Comptroller, and  Treasurer.   However,  a  continuing
29    political  committee  that  neither accepts contributions nor
30    makes expenditures on behalf  of  or  in  opposition  to  any
31    candidate  or  public  question  on the ballot at an election
32    shall  not  be  required  to  file  the  reports   heretofore
33    prescribed  but  may  file  in  lieu  thereof  a Statement of
34    Nonparticipation in the Election with the Board or the  Board
 
                            -29-     LRB093 10531 RCE 10904 b
 1    and the county clerk.
 2        (b-5)  Notwithstanding  the provisions of subsection (b),
 3    any contribution of $500 or  more  received  in  the  interim
 4    between  the  last  date  of  the  period covered by the last
 5    report filed under subsection (b) prior to the  election  and
 6    the  date of the election shall be reported within 2 business
 7    days after its receipt. The State Board shall  allow  filings
 8    under   this   subsection  (b-5)  to  be  made  by  facsimile
 9    transmission.  For  the  purpose  of   this   subsection,   a
10    contribution  is  considered  received on the date the public
11    official, candidate, or political  committee  (or  equivalent
12    person  in  the  case  of  a  reporting  entity  other than a
13    political committee) actually receives it or, in the case  of
14    goods or services, 2 days after the date the public official,
15    candidate,  committee, or other reporting entity receives the
16    certification required under subsection (b) of  Section  9-6.
17    Failure  to  report each contribution is a separate violation
18    of  this  subsection.   The  Board  shall  impose  fines  for
19    violations of this subsection as follows:
20             (1)  if the political committee's or other reporting
21        entity's total receipts, total expenditures, and  balance
22        remaining  at  the  end of the last reporting period were
23        each $5,000 or less, then $100 per business day  for  the
24        first  violation,  $200  per  business day for the second
25        violation, and $300 per business day for  the  third  and
26        subsequent violations.
27             (2)  if the political committee's or other reporting
28        entity's  total receipts, total expenditures, and balance
29        remaining at the end of the last  reporting  period  were
30        each more than $5,000, then $200 per business day for the
31        first  violation,  $400  per  business day for the second
32        violation, and $600 per business day for  the  third  and
33        subsequent violations.
34        (c)  In  addition  to such reports the treasurer of every
 
                            -30-     LRB093 10531 RCE 10904 b
 1    political  committee  shall  file  semi-annual   reports   of
 2    campaign  contributions  and  expenditures no later than July
 3    31st, covering the period from January 1st through June  30th
 4    immediately  preceding,  and  no  later  than  January  31st,
 5    covering  the  period  from July 1st through December 31st of
 6    the preceding calendar year.  Reports  of  contributions  and
 7    expenditures  must  be  filed  to  cover  the prescribed time
 8    periods even though no contributions or expenditures may have
 9    been received or made during  the  period.  The  Board  shall
10    assess  a  civil penalty not to exceed $5,000 for a violation
11    of this  subsection,  except  that  for  State  officers  and
12    candidates  and  political  committees  formed  for statewide
13    office, the civil penalty may not exceed $10,000.  The  fine,
14    however,  shall  not exceed $500 for a first filing violation
15    for filing less than 10 days after the deadline. There  shall
16    be no fine if the report is mailed and postmarked at least 72
17    hours  prior  to the filing deadline. For the purpose of this
18    subsection, "statewide office" and "State officer" means  the
19    Governor, Lieutenant Governor, Attorney General, Secretary of
20    State, Comptroller, and Treasurer.
21        (c-5)  A  political  committee  that acts as either (i) a
22    state and local political committee or (ii) a local political
23    committee and that files reports electronically under Section
24    9-28 is not required to file copies of the reports  with  the
25    appropriate  county  clerk,  if the county clerk has a system
26    that permits access to, and duplication of, reports that  are
27    filed with the State Board of Elections.
28        (d)  A  copy of each report or statement filed under this
29    Article shall be preserved by the  person  filing  it  for  a
30    period of two years from the date of filing.
31    (Source: P.A. 90-737, eff. 1-1-99.)
 
                            -31-     LRB093 10531 RCE 10904 b
 1                                INDEX
 2               Statutes amended in order of appearance
 3    5 ILCS 425/5
 4    5 ILCS 425/10
 5    5 ILCS 425/15
 6    5 ILCS 425/20
 7    5 ILCS 425/30
 8    5 ILCS 425/35
 9    5 ILCS 425/45
10    5 ILCS 425/55
11    5 ILCS 425/60
12    5 ILCS 425/80
13    5 ILCS 425/83
14    5 ILCS 425/85
15    5 ILCS 120/1.02           from Ch. 102, par. 41.02
16    10 ILCS 5/9-3             from Ch. 46, par. 9-3
17    10 ILCS 5/9-8.10
18    10 ILCS 5/9-10            from Ch. 46, par. 9-10