Full Text of SB2257 96th General Assembly
SB2257sam002 96TH GENERAL ASSEMBLY
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Sen. Kwame Raoul
Filed: 3/25/2009
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| AMENDMENT TO SENATE BILL 2257
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| AMENDMENT NO. ______. Amend Senate Bill 2257 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Election Code is amended by changing the | 5 |
| heading of Article 9 and Sections 9-1, 9-1.4, and 9-1.5 and by | 6 |
| adding Sections 9-1.18, 9-1.20, 9-1.21, 9-1.22, 9-8.5, and | 7 |
| 9-8.7 as follows: | 8 |
| (10 ILCS 5/Art. 9 heading) | 9 |
| ARTICLE 9. DISCLOSURE AND REGULATION OF CAMPAIGN
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| CONTRIBUTIONS AND EXPENDITURES
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| (10 ILCS 5/9-1) (from Ch. 46, par. 9-1)
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| Sec. 9-1. As used in this Article, unless the context | 13 |
| otherwise requires,
the terms defined in Sections 9-1.1 through | 14 |
| 9-1.22
9-1.13 , have the respective
meanings as defined in those | 15 |
| Sections.
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| (Source: P.A. 86-873.)
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| (10 ILCS 5/9-1.4) (from Ch. 46, par. 9-1.4)
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| Sec. 9-1.4. Contribution.
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| (A) "Contribution" means-
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| (1) a gift, subscription, donation, dues, loan, | 6 |
| advance, or deposit
of money or anything of value, | 7 |
| knowingly received in
connection with the
nomination for | 8 |
| election, or election, or retention of any person to or in | 9 |
| public office, in
connection with the election of any | 10 |
| person as ward or township committeeman in
counties of | 11 |
| 3,000,000 or more population, or
in
connection with any | 12 |
| question of public policy;
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| (1.5) a gift, subscription, donation, dues, loan, | 14 |
| advance, deposit of money, or anything of value that | 15 |
| constitutes an electioneering communication regardless of | 16 |
| whether the communication is made in concert or cooperation | 17 |
| with or at the request, suggestion, or knowledge of a | 18 |
| candidate, a candidate's authorized local political | 19 |
| committee, a State political committee, a political | 20 |
| committee in support of or opposition to a question of | 21 |
| public policy, or any of their agents;
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| (2) the purchase of tickets for fund-raising events, | 23 |
| including but
not limited to dinners, luncheons, cocktail | 24 |
| parties, and rallies made in
connection with the nomination | 25 |
| for election, or election, or retention of any person
to or |
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| in public office, in
connection with the election of any | 2 |
| person as ward or
township committeeman in counties of | 3 |
| 3,000,000 or more population, or in
connection with any | 4 |
| question of public policy;
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| (3) a transfer of funds between political committees; | 6 |
| and
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| (4) the services of an employee donated by an employer, | 8 |
| in which
case the contribution shall be listed in the name | 9 |
| of the employer,
except that any individual services | 10 |
| provided voluntarily and without
promise or expectation of | 11 |
| compensation from any source shall not be deemed
a | 12 |
| contribution;
but
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(5) does not include--
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(a) the use of real or personal property and the | 15 |
| cost of invitations,
food,
and beverages, voluntarily | 16 |
| provided by an individual in rendering voluntary
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| personal services on the individual's residential | 18 |
| premises for
candidate-related
activities; provided | 19 |
| the value of the service provided does not exceed an
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| aggregate of $150 in a reporting period;
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| (b)
the sale of any food or beverage by a vendor | 22 |
| for use in a candidate's
campaign at a charge less than | 23 |
| the normal comparable charge, if such charge
for use in | 24 |
| a candidate's campaign is at least equal to the cost of | 25 |
| such
food or beverage to the vendor.
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| (c) communications on any subject by a corporation |
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| to its stockholders and executive or administrative | 2 |
| personnel and their families, by a labor organization | 3 |
| to its members and their families, or by an association | 4 |
| to its members and their families; | 5 |
| (d) voter registration and get-out-the-vote | 6 |
| campaigns that make no mention of any clearly | 7 |
| identified candidate, public question, or political | 8 |
| party, or group or combination thereof; | 9 |
| (e) the establishment, administration, and | 10 |
| solicitation of contributions to a separate segregated | 11 |
| fund to be used for political purposes by a | 12 |
| corporation, labor organization, or association; or | 13 |
| (f) a secured loan of money by a national or State | 14 |
| bank or credit union made in accordance with the | 15 |
| applicable banking laws and regulations and in the | 16 |
| ordinary course of business; however, the use, | 17 |
| ownership, or control of any security for such a loan, | 18 |
| if provided by a person other than the candidate or his | 19 |
| or her committee, qualifies as a contribution. | 20 |
| (B) Interest or other investment income, earnings or | 21 |
| proceeds, and refunds or returns of all or part of a | 22 |
| committee's previous expenditures, shall not be considered | 23 |
| contributions for the purposes of Section 9-8.5 but shall be | 24 |
| listed with contributions on disclosure reports required by | 25 |
| this Article.
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| (Source: P.A. 94-645, eff. 8-22-05.)
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| (10 ILCS 5/9-1.5) (from Ch. 46, par. 9-1.5) | 2 |
| Sec. 9-1.5. Expenditure defined. | 3 |
| "Expenditure" means-
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| (1) a payment, distribution, purchase, loan, advance, | 5 |
| deposit, or
gift of money or anything of value, in
connection | 6 |
| with the nomination
for election, or election, or retention of | 7 |
| any person to or in public office, in connection with
the | 8 |
| election of any person as ward or township committeeman in | 9 |
| counties of
3,000,000 or more population, or in
connection with | 10 |
| any question of public policy.
"Expenditure" also includes a | 11 |
| payment, distribution, purchase, loan,
advance, deposit, or | 12 |
| gift of
money or anything of value that constitutes an | 13 |
| electioneering communication
regardless of whether the | 14 |
| communication is made in concert or cooperation with
or at the | 15 |
| request, suggestion, or knowledge of a candidate, a candidate's
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| authorized
local political committee, a State political | 17 |
| committee, a political committee in support of or opposition to | 18 |
| a question of public policy, or any of their
agents.
However, | 19 |
| expenditure does not
include -
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| (a) the use of real or personal property and the cost | 21 |
| of invitations,
food,
and beverages, voluntarily provided | 22 |
| by an individual in rendering voluntary
personal services | 23 |
| on the individual's
residential premises for | 24 |
| candidate-related activities; provided the value
of the | 25 |
| service provided does not exceed an aggregate of $150 in a |
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| reporting
period .
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| (b) the sale of any food or beverage by a vendor for | 3 |
| use in a candidate's
campaign at a charge less than the | 4 |
| normal comparable charge, if such charge
for use in a | 5 |
| candidate's
campaign is at least equal to the cost of such | 6 |
| food or beverage to the vendor.
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| (2) a transfer of funds between political committees.
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| (3) a payment for electioneering communications.
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| (Source: P.A. 93-574, eff. 8-21-03; 93-615, eff. 11-19-03; | 10 |
| 93-847, eff. 7-30-04.)
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| (10 ILCS 5/9-1.18 new) | 12 |
| Sec. 9-1.18. Regular election period. "Regular election | 13 |
| period" means each of: | 14 |
| (a) the period beginning on January 1 immediately following | 15 |
| the date of a general election and ending the day of the | 16 |
| following general primary election; | 17 |
| (b) the period beginning on the day after a general primary | 18 |
| election and ending on the December 31 after the following | 19 |
| general election. | 20 |
| (10 ILCS 5/9-1.20 new) | 21 |
| Sec. 9-1.20. Labor organization. The term "labor | 22 |
| organization" means any organization of any kind or any agency | 23 |
| or employee representation committee or plan in which employees | 24 |
| participate and that exists for the purpose, in whole or in |
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| part, of dealing with employers concerning grievances, labor | 2 |
| disputes, wages, rates of pay, hours of employment, or | 3 |
| conditions of work. | 4 |
| (10 ILCS 5/9-1.21 new) | 5 |
| Sec. 9-1.21. Corporation. The term "corporation" includes | 6 |
| a limited liability company, partnership, professional | 7 |
| practice, cooperative, or sole proprietorship, whether | 8 |
| organized on a for-profit or non-profit basis. | 9 |
| (10 ILCS 5/9-1.22 new) | 10 |
| Sec. 9-1.22. Association. The term "association" means any | 11 |
| group, club, meeting, collective, membership organization, | 12 |
| collection of persons, any entity organized under Section 501 | 13 |
| or 527 of the Internal Revenue Code, or any other entity other | 14 |
| than a natural person, except that an association does not | 15 |
| include a political committee organized under this Article. | 16 |
| (10 ILCS 5/9-8.5 new) | 17 |
| Sec. 9-8.5. Limitation on contributions. | 18 |
| (a) It shall be unlawful for any person to make | 19 |
| contributions to a political committee except as provided in | 20 |
| this Section. | 21 |
| (b) For all political committees: | 22 |
| (1) Natural persons may contribute no more than $7,500 | 23 |
| during any regular election period in which the candidate |
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| who designated the committee is seeking nomination or | 2 |
| election. | 3 |
| (2) A corporation, labor organization, or association | 4 |
| may contribute from its own treasuries no more than $20,000 | 5 |
| during each election period. All contributions from | 6 |
| associated entities, including political committees for | 7 |
| which the corporation, labor organization, or association | 8 |
| is the sponsoring entity, shall be aggregated for the | 9 |
| purposes of this Section. If a corporation, labor | 10 |
| organization, or association donates in aggregate $10,000 | 11 |
| or more during the period, such donations shall be reported | 12 |
| to the State Board within 2 business days.
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| (c) Nothing in this Section shall prohibit political | 14 |
| committees from dividing the proceeds of joint fund raising | 15 |
| efforts; provided that no political committee may receive more | 16 |
| than the limit from any one donor and all donations shall be | 17 |
| listed as from their true origin. | 18 |
| (d) On January 1 of every odd-numbered year, the State | 19 |
| Board of Elections shall adjust the limits established in | 20 |
| subsection (b) for inflation as determined by the Consumer | 21 |
| Price Index for All Urban Consumers as issued by the United | 22 |
| States Department of Labor and rounded to the nearest $100. | 23 |
| (e) No candidate or political committee shall knowingly | 24 |
| accept any contribution in violation of the provisions of this | 25 |
| Section. No officer or employee of a political committee shall | 26 |
| knowingly accept a contribution made for the benefit or use of |
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| a candidate in violation of any limitation designated for | 2 |
| contributions under this Section. | 3 |
| (f) Complaints. | 4 |
| (1) The Board shall receive complaints alleging | 5 |
| violations of this Section. The Board may bring complaints | 6 |
| and investigations on its own initiative when the Board has | 7 |
| reason to believe that a violation of this Section has | 8 |
| occurred. | 9 |
| (2) Upon receipt of a complaint, the Board shall hold a | 10 |
| closed preliminary hearing to determine whether or not the | 11 |
| complaint appears to have been filed on justifiable | 12 |
| grounds. Such closed preliminary hearing shall be | 13 |
| conducted as soon as practicable after affording | 14 |
| reasonable notice, a copy of the complaint, and an | 15 |
| opportunity to testify at such hearing to both the person | 16 |
| making the complaint and the person against whom the | 17 |
| complaint is directed. If the Board determines that the | 18 |
| complaint has not been filed on justifiable grounds, it | 19 |
| shall issue a written order to dismiss the complaint | 20 |
| without further hearing, specifying the defect in the | 21 |
| original complaint. | 22 |
| (3) The Board shall have the authority to promulgate | 23 |
| procedural rules governing the filing and hearing of | 24 |
| complaints under this Section that are not inconsistent | 25 |
| with this Section. | 26 |
| (g) Penalties. |
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| (1) Any person who violates this Section shall be fined | 2 |
| the greater of $10,000 or 3 times the value of the excess | 3 |
| contribution. | 4 |
| (2) The State Board of Elections shall assess a penalty | 5 |
| of up to $5,000 for each violation against the recipient of | 6 |
| any contribution in violation of this Section if the | 7 |
| recipient knew that the donation was in violation of this | 8 |
| Section. For purposes of this Section, a recipient knew | 9 |
| that the donation was in violation of this Section if the | 10 |
| candidate, the committee chairman or treasurer, or any | 11 |
| natural person paid to perform regular campaign tasks knew | 12 |
| that the donation was in violation of this Section.
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| (10 ILCS 5/9-8.7 new) | 14 |
| Sec. 9-8.7. Soliciting of contributions by associations, | 15 |
| corporations, or labor organizations. | 16 |
| (a) It is unlawful for any person affiliated in any way | 17 |
| with a corporation knowingly soliciting an employee of that | 18 |
| corporation for a contribution to a political committee to fail | 19 |
| to inform the employee at the time of the solicitation of the | 20 |
| political purposes of the fund. It is unlawful for any person | 21 |
| affiliated in any way with a labor organization or association | 22 |
| knowingly soliciting an member of that labor organization or | 23 |
| association for a contribution to a political committee to fail | 24 |
| to inform the member at the time of the solicitation of the | 25 |
| political purposes of the fund. |
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| (b) It is unlawful for any person affiliated in any way | 2 |
| with a corporation knowingly soliciting an employee of that | 3 |
| corporation for a contribution to a political committee to fail | 4 |
| to inform the employee at the time of the solicitation of the | 5 |
| employee's right to refuse to contribute without any reprisal. | 6 |
| It is unlawful for any person affiliated in any way with a | 7 |
| labor organization or association knowingly soliciting any | 8 |
| member of the same labor organization or association for a | 9 |
| contribution to a political committee to fail to inform the | 10 |
| employee at the time of the solicitation of the employee's | 11 |
| right to refuse to contribute without any reprisal. | 12 |
| (c) Complaints. | 13 |
| (1) The Board shall receive complaints alleging | 14 |
| violations of this Section. The Board may bring complaints | 15 |
| and investigations on its own initiative when the Board has | 16 |
| reason to believe that a violation of this Section has | 17 |
| occurred. | 18 |
| (2) Upon receipt of a complaint, the Board shall hold a | 19 |
| closed preliminary hearing to determine whether or not the | 20 |
| complaint appears to have been filed on justifiable | 21 |
| grounds. Such closed preliminary hearing shall be | 22 |
| conducted as soon as practicable after affording | 23 |
| reasonable notice, a copy of the complaint, and an | 24 |
| opportunity to testify at such hearing to both the person | 25 |
| making the complaint and the person against whom the | 26 |
| complaint is directed. If the Board determines that the |
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| complaint has not been filed on justifiable grounds, it | 2 |
| shall issue a written order to dismiss the complaint | 3 |
| without further hearing, specifying the defect in the | 4 |
| original complaint. | 5 |
| (3) The Board shall have the authority to promulgate | 6 |
| procedural rules governing the filing and hearing of | 7 |
| complaints under this Section that are not inconsistent | 8 |
| with this Section. | 9 |
| (4) In addition to any other penalties authorized by | 10 |
| this Article, the State Board of Elections, any political | 11 |
| committee, or any person may apply to the circuit court for | 12 |
| a temporary restraining order or a preliminary or permanent | 13 |
| injunction against a political committee or any other | 14 |
| entity to cease the expenditure of funds in violation of | 15 |
| this Section and to cease operations until the Board | 16 |
| determines that the committee or entity is in compliance | 17 |
| with this Section. | 18 |
| (d) Penalties. Any person who violates this Section shall | 19 |
| be fined $200 for each person improperly solicited. | 20 |
| Contributions received from any donor within 6 months after an | 21 |
| improper solicitation of that donor must be returned to the | 22 |
| donor. | 23 |
| Section 97. Severability. The provisions of this Act are | 24 |
| severable. If any provision of this Act is held invalid by a | 25 |
| court of competent jurisdiction, the invalidity does not affect |
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| other provisions of the Act that can be given effect without | 2 |
| the invalid provision. ".
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