Illinois General Assembly - Full Text of SB3722
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Full Text of SB3722  97th General Assembly


Rep. Barbara Flynn Currie

Filed: 5/25/2012





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2    AMENDMENT NO. ______. Amend Senate Bill 3722, AS AMENDED,
3with reference to page and line numbers of House Amendment No.
41, as follows:
5on 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,
79-7,"; and
8on page 10, by replacing line 8 with the following:
9"organization or group of persons formed for the exclusive
10purpose of making independent"; and
11on page 15, immediately below line 13, by inserting the



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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
4Board of Elections a statement of organization within 10
5business days of the creation of such committee, except any
6political committee created within the 30 days before an
7election shall file a statement of organization within 2
8business days in person, by facsimile transmission, or by
9electronic mail. Any change in information previously
10submitted in a statement of organization shall be reported, as
11required for the original statement of organization by this
12Section, within 10 days following that change. A political
13committee that acts as both a state political committee and a
14local political committee shall file a copy of each statement
15of organization with the State Board of Elections and the
16county clerk. The Board shall impose a civil penalty of $50 per
17business day upon political committees for failing to file or
18late filing of a statement of organization. Such penalties
19shall not exceed $5,000, and shall not exceed $10,000 for
20statewide office political committees. There shall be no fine
21if the statement is mailed and postmarked at least 72 hours
22prior to the filing deadline.
23    In addition to the civil penalties authorized by this
24Section, the State Board of Elections or any other political
25committee may apply to the circuit court for a temporary
26restraining order or a preliminary or permanent injunction



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1against the political committee to cease the expenditure of
2funds and to cease operations until the statement of
3organization is filed.
4    For the purpose of this Section, "statewide office" means
5the Governor, Lieutenant Governor, Secretary of State,
6Attorney 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)
3any person, organization, corporation, or association that
4contributes at least 33% of the total funding of the political
5committee or (ii) any person or other entity that is registered
6or is required to register under the Lobbyist Registration Act
7and contributes at least 33% of the total funding of the
8political committee.
9    (c) Each statement of organization required to be filed in
10accordance with this Section shall be verified, dated, and
11signed by either the treasurer of the political committee
12making the statement or the candidate on whose behalf the
13statement is made and shall contain substantially the following
16    I declare that this statement of organization (including
17any accompanying schedules and statements) has been examined by
18me and, to the best of my knowledge and belief, is a true,
19correct, and complete statement of organization as required by
20Article 9 of the Election Code. I understand that willfully
21filing a false or incomplete statement is subject to a civil
22penalty 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
26committee also shall include a verification signed by the



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1chairperson of the committee that (i) the committee is formed
2for the purpose of supporting or opposing a question of public
3policy, (ii) all contributions and expenditures of the
4committee will be used for the purpose described in the
5statement of organization, (iii) the committee may accept
6unlimited contributions from any source, provided that the
7ballot initiative committee does not make contributions or
8expenditures in support of or opposition to a candidate or
9candidates for nomination for election, election, or
10retention, and (iv) failure to abide by these requirements
11shall deem the committee in violation of this Article.
12    (d-5) The statement of organization for an independent
13expenditure committee also shall include a verification signed
14by the chairperson of the committee that (i) the committee is
15formed for the exclusive purpose of making independent
16expenditures, (ii) all contributions and expenditures of the
17committee will be used for the purpose described in the
18statement of organization, (iii) the committee may accept
19unlimited contributions from any source, provided that the
20independent expenditure committee does not make contributions
21to any candidate political committee, political party
22committee, or political action committee, and (iv) failure to
23abide by these requirements shall deem the committee in
24violation of this Article.
25    (e) For purposes of implementing the changes made by this
26amendatory Act of the 96th General Assembly, every political



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1committee in existence on the effective date of this amendatory
2Act of the 96th General Assembly shall file the statement
3required by this Section with the Board by December 31, 2010.
4(Source: P.A. 96-832, eff. 7-1-10.)"; and
5on page 18, by replacing line 1 with the following:
6"contributions from a ballot initiative committee or from an
7independent expenditure committee."; and
8on page 18, by replacing line 15 with the following:
9"accept contributions from a ballot initiative committee or
10from an independent expenditure committee. A"; and
11on page 20, by replacing line 11 with the following:
12"initiative committee or from an independent expenditure
13committee."; and
14on page 20, by replacing line 20 with the following:
15"than the limit from any one contributor, and provided that an
16independent expenditure committee may not conduct joint
17fundraising efforts with a candidate political committee or a
18political party committee."; and



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1on page 25, by replacing line 23 with the following:
2"person meeting or exceeding the $3,000 threshold. A natural
3person who has made a written disclosure with the State Board
4of Elections shall have a continuing obligation to report
5further expenditures in relation to the same election, in
6$1,000 increments, to the State Board until the conclusion of
7that election. A natural"; and
8on page 26, immediately below line 20, by inserting the
10    "(d) In the event that a political committee organized as
11an independent expenditure committee makes a contribution to
12any other political committee other than another independent
13expenditure committee or a ballot initiative committee, the
14State Board shall assess a fine equal to the amount of any
15contribution received in the preceding 2 years by the
16independent expenditure committee that exceeded the limits for
17a political action committee set forth in subsection (d) of
18Section 9-8.5.".