Full Text of HB5092 97th General Assembly
HB5092 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB5092 Introduced 2/7/2012, by Rep. Sidney H. Mathias SYNOPSIS AS INTRODUCED: |
| 10 ILCS 5/9-10 | from Ch. 46, par. 9-10 |
| Amends the Election Code. In a provision requiring a political committee to file an electronic report with the State Board of Elections if it receives a contribution of $1,000 or more, provides that the report must be filed within 2 business days if the contribution is received 90 (instead of 30) or fewer days before the date of an election. Effective immediately.
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| | A BILL FOR |
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| 1 | | AN ACT concerning elections.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Election Code is amended by changing Section | 5 | | 9-10 as follows: | 6 | | (10 ILCS 5/9-10) (from Ch. 46, par. 9-10)
| 7 | | Sec. 9-10. Disclosure of contributions and expenditures.
| 8 | | (a) The treasurer of every political committee shall file | 9 | | with the
Board reports of campaign contributions and | 10 | | expenditures as required by this Section on forms to be
| 11 | | prescribed or approved by the Board.
| 12 | | (b) Every political committee shall file quarterly reports | 13 | | of campaign contributions, expenditures, and independent | 14 | | expenditures. The reports shall cover the period January 1 | 15 | | through March 31, April 1 through June 30, July 1 through | 16 | | September 30, and October 1 through December 31 of each year. A | 17 | | political committee shall file quarterly reports no later than | 18 | | the 15th day of the month following each period. Reports of | 19 | | contributions and expenditures must be filed to cover the | 20 | | prescribed time periods even though no contributions or | 21 | | expenditures may have been received or made during the period. | 22 | | The Board shall assess a civil penalty not to exceed $5,000 for | 23 | | failure to file a report required by this subsection. The fine, |
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| 1 | | however, shall not exceed $1,000 for a first violation if the | 2 | | committee files less than 10 days after the deadline. There | 3 | | shall be no fine if the report is mailed and postmarked at | 4 | | least 72 hours prior to the filing deadline. When considering | 5 | | the amount of the fine to be imposed, the Board shall consider | 6 | | whether the violation was committed inadvertently, | 7 | | negligently, knowingly, or intentionally and any past | 8 | | violations of this Section. | 9 | | (c) A political committee shall file a report of any | 10 | | contribution of $1,000 or more electronically with the Board | 11 | | within 5 business days after receipt of the contribution, | 12 | | except that the report shall be filed within 2 business days | 13 | | after receipt if (i) the contribution is received 90 30 or | 14 | | fewer days before the date of an election and (ii) the | 15 | | political committee supports or opposes a candidate or public | 16 | | question on the ballot at that election or makes expenditures | 17 | | in excess of $500 on behalf of or in opposition to a candidate, | 18 | | candidates, a public question, or public questions on the | 19 | | ballot at that election.
The State Board shall allow filings of | 20 | | reports of contributions of $1,000 or more by political | 21 | | committees that are not required to file electronically to be | 22 | | made by facsimile transmission. The Board shall assess a civil | 23 | | penalty for failure to file a report required by this | 24 | | subsection. Failure to report each contribution is a separate | 25 | | violation of this subsection. The Board shall impose fines for | 26 | | willful or wanton violations of this subsection (c) not to |
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| 1 | | exceed 150% of the total amount of the contributions that were | 2 | | untimely reported, but in no case shall it be less than 10% of | 3 | | the total amount of the contributions that were untimely | 4 | | reported. When considering the amount of the fine to be imposed | 5 | | for willful or wanton violations, the Board shall consider the | 6 | | number of days the contribution was reported late and past | 7 | | violations of this Section and Section 9-3. The Board may | 8 | | impose a fine for negligent or inadvertent violations of this | 9 | | subsection not to exceed 50% of the total amount of the | 10 | | contributions that were untimely reported, or the Board may | 11 | | waive the fine. When considering whether to impose a fine and | 12 | | the amount of the fine, the Board shall consider the following | 13 | | factors: (1) whether the political committee made an attempt to | 14 | | disclose the contribution and any attempts made to correct the | 15 | | violation, (2) whether the violation is attributed to a | 16 | | clerical or computer error, (3) the amount of the contribution, | 17 | | (4) whether the violation arose from a discrepancy between the | 18 | | date the contribution was reported transferred by a political | 19 | | committee and the date the contribution was received by a | 20 | | political committee, (5) the number of days the contribution | 21 | | was reported late, and (6) past violations of this Section and | 22 | | Section 9-3 by the political committee. | 23 | | (d) For the purpose of this Section, a contribution is | 24 | | considered received on the date (i) a monetary contribution was | 25 | | deposited in a bank, financial institution, or other repository | 26 | | of funds for the committee, (ii) the date a committee receives |
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| 1 | | notice a monetary contribution was deposited by an entity used | 2 | | to process financial transactions by credit card or other | 3 | | entity used for processing a monetary contribution that was | 4 | | deposited in a bank, financial institution, or other repository | 5 | | of funds for the committee, or (iii) the public official, | 6 | | candidate, or political committee receives the notification of | 7 | | contribution of goods or services as required under subsection | 8 | | (b) of Section 9-6. | 9 | | (e) A political committee that makes independent | 10 | | expenditures of $1,000 or more during the period 30 days or | 11 | | fewer before an election shall electronically file a report | 12 | | with the Board within 5 business days after making the | 13 | | independent expenditure. The report shall contain the | 14 | | information required in Section 9-11(c) of this Article.
| 15 | | (f) A copy of each report or statement filed under this | 16 | | Article
shall be
preserved by the person filing it for a period | 17 | | of two years from the
date of filing.
| 18 | | (Source: P.A. 95-6, eff. 6-20-07; 95-957, eff. 1-1-09; 96-832, | 19 | | eff. 1-1-11 .)
| 20 | | Section 99. Effective date. This Act takes effect upon | 21 | | becoming law.
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