Full Text of SB3722 97th General Assembly
SB3722ham003 97TH GENERAL ASSEMBLY | Rep. Barbara Flynn Currie Filed: 5/25/2012
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| 1 | | AMENDMENT TO SENATE BILL 3722
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 3722, AS AMENDED, | 3 | | with reference to page and line numbers of House Amendment No. | 4 | | 1, as follows: | 5 | | on page 1, by replacing line 5 with the following: | 6 | | "Sections 4-50, 5-50, 6-100, 9-1.8, 9-1.9, 9-1.15, 9-2, 9-3, | 7 | | 9-7,"; and | 8 | | on page 10, by replacing line 8 with the following: | 9 | | " organization or group of persons formed for the exclusive
| 10 | | purpose of making independent "; and | 11 | | on page 15, immediately below line 13, by inserting the | 12 | | following:
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| 1 | | "(10 ILCS 5/9-3) (from Ch. 46, par. 9-3) | 2 | | Sec. 9-3. Political committee statement of organization. | 3 | | (a) Every political committee shall file with the State | 4 | | Board of Elections 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 2 | 8 | | business days in person, by facsimile transmission, or by | 9 | | electronic mail. Any change in information previously | 10 | | submitted in a statement of organization shall be reported, as | 11 | | required for the original statement of organization by this | 12 | | Section, within 10 days following that change. A
political | 13 | | committee that acts as both a state political
committee and a | 14 | | local political committee shall file a copy of each
statement | 15 | | of organization with the State Board of Elections and the
| 16 | | county clerk.
The Board shall impose a civil penalty of $50 per | 17 | | business day upon political
committees for failing to file or | 18 | | late filing of a statement of organization. Such penalties | 19 | | shall not
exceed $5,000, and shall not exceed $10,000 for | 20 | | statewide office political
committees.
There shall be no fine | 21 | | if the statement is mailed and postmarked at least 72
hours | 22 | | prior to the filing deadline.
| 23 | | In addition to the civil penalties authorized by this | 24 | | Section, the State
Board of Elections or any other political | 25 | | committee may apply to the
circuit court for a temporary | 26 | | restraining
order or a preliminary or permanent injunction |
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| 1 | | against the political committee
to cease the expenditure of | 2 | | funds and to cease operations until the statement
of | 3 | | organization is filed.
| 4 | | For the purpose of this Section,
"statewide office" means | 5 | | the Governor, Lieutenant Governor, Secretary of State,
| 6 | | Attorney General, State Treasurer, and State Comptroller.
| 7 | | (b) The statement of organization shall include:
| 8 | | (1) the name
and address of the political committee and | 9 | | the designation required by Section 9-2;
| 10 | | (2) the scope, area of activity, party affiliation, and | 11 | | purposes of the political
committee;
| 12 | | (3) the name, address, and position of each custodian | 13 | | of the
committee's books and accounts;
| 14 | | (4) the name, address, and position of the committee's | 15 | | principal
officers, including the chairman, treasurer, and | 16 | | officers and members of
its finance committee, if any;
| 17 | | (5) the name and address of any sponsoring entity;
| 18 | | (6) a statement of what specific disposition of | 19 | | residual fund will
be made in the event of the dissolution | 20 | | or
termination of the committee;
| 21 | | (7) a listing of all banks or other financial | 22 | | institutions, safety
deposit boxes, and any other | 23 | | repositories or custodians of funds used by
the committee; | 24 | | and
| 25 | | (8) the amount of funds available for campaign | 26 | | expenditures as of
the filing date of the committee's |
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| 1 | | statement of organization.
| 2 | | For purposes of this Section, a "sponsoring entity" is (i) | 3 | | any person,
organization, corporation, or association that | 4 | | contributes
at least 33% of the total funding of the political | 5 | | committee or (ii) any person
or other entity that is registered | 6 | | or is required to register under the
Lobbyist Registration Act | 7 | | and contributes at least 33% of the total funding of
the | 8 | | political committee.
| 9 | | (c) Each statement of organization required to be
filed in | 10 | | accordance with this Section shall be verified, dated, and | 11 | | signed
by either the treasurer of the political committee | 12 | | making the statement or
the candidate on whose behalf the | 13 | | statement is made and shall contain
substantially the following | 14 | | verification: | 15 | | "VERIFICATION: | 16 | | I declare that this statement of organization (including | 17 | | any
accompanying schedules and statements) has been examined by | 18 | | me and, to the
best of my knowledge and belief, is a true, | 19 | | correct, and complete statement
of organization as required by | 20 | | Article 9 of the Election Code. I understand
that willfully | 21 | | filing a false or incomplete statement is
subject to a civil | 22 | | penalty of at least $1,001 and up to $5,000. | 23 | | ................ ..........................................
| 24 | | (date of filing) (signature of person making the statement)". | 25 | | (d) The statement of organization for a ballot initiative | 26 | | committee also shall include a verification signed by the |
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| 1 | | chairperson of the committee that (i) the committee is formed | 2 | | for the purpose of supporting or opposing a question of public | 3 | | policy, (ii) all contributions and expenditures of the | 4 | | committee will be used for the purpose described in the | 5 | | statement of organization, (iii) the committee may accept | 6 | | unlimited contributions from any source, provided that the | 7 | | ballot initiative committee does not make contributions or | 8 | | expenditures in support of or opposition to a candidate or | 9 | | candidates for nomination for election, election, or | 10 | | retention, and (iv) failure to abide by these requirements | 11 | | shall deem the committee in violation of this Article. | 12 | | (d-5) The statement of organization for an independent | 13 | | expenditure committee also shall include a verification signed | 14 | | by the chairperson of the committee that (i) the committee is | 15 | | formed for the exclusive purpose of making independent | 16 | | expenditures, (ii) all contributions and expenditures of the | 17 | | committee will be used for the purpose described in the | 18 | | statement of organization, (iii) the committee may accept | 19 | | unlimited contributions from any source, provided that the | 20 | | independent expenditure committee does not make contributions | 21 | | to any candidate political committee, political party | 22 | | committee, or political action committee, and (iv) failure to | 23 | | abide by these requirements shall deem the committee in | 24 | | violation of this Article. | 25 | | (e) For purposes of implementing the changes made by this | 26 | | amendatory Act of the 96th General Assembly, every political |
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| 1 | | committee in existence on the effective date of this amendatory | 2 | | Act of the 96th General Assembly shall file the statement | 3 | | required by this Section with the Board by December 31, 2010. | 4 | | (Source: P.A. 96-832, eff. 7-1-10 .)"; and
| 5 | | on page 18, by replacing line 1 with the following: | 6 | | "contributions from a ballot initiative committee or from an
| 7 | | independent expenditure committee ."; and | 8 | | on page 18, by replacing line 15 with the following: | 9 | | "accept contributions from a ballot initiative committee or | 10 | | from
an independent expenditure committee . A"; and | 11 | | on page 20, by replacing line 11 with the following: | 12 | | "initiative committee or from
an independent expenditure | 13 | | committee ."; and | 14 | | on page 20, by replacing line 20 with the following: | 15 | | "than the limit from any one contributor , and provided that an | 16 | | independent
expenditure committee may not conduct joint | 17 | | fundraising efforts with a
candidate political committee or a | 18 | | political party committee ."; and |
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| 1 | | on page 25, by replacing line 23 with the following: | 2 | | "person meeting or exceeding the $3,000 threshold. A natural | 3 | | person who
has made a written disclosure with the State Board | 4 | | of Elections shall have a continuing
obligation to report | 5 | | further expenditures in relation to the same election, in | 6 | | $1,000
increments, to the State Board until the conclusion of | 7 | | that election.
A natural "; and | 8 | | on page 26, immediately below line 20, by inserting the | 9 | | following: | 10 | | " (d) In the event that a political committee organized as | 11 | | an independent
expenditure committee makes a contribution to | 12 | | any other political committee
other than another independent | 13 | | expenditure committee or a ballot initiative
committee, the | 14 | | State Board shall assess a fine equal to the amount of any | 15 | | contribution
received in the preceding 2 years by the | 16 | | independent expenditure committee
that exceeded the limits for | 17 | | a political action committee set forth in subsection (d) of | 18 | | Section 9-8.5. ".
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