Full Text of SB0248 99th General Assembly
SB0248sam001 99TH GENERAL ASSEMBLY | Sen. Julie A. Morrison Filed: 4/17/2015
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| 1 | | AMENDMENT TO SENATE BILL 248
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 248 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Election Code is amended by changing | 5 | | Section 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 |
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| 1 | | political committee shall file quarterly reports no later than | 2 | | the 15th day of the month following each period. Reports of | 3 | | contributions and expenditures must be filed to cover the | 4 | | prescribed time periods even though no contributions or | 5 | | expenditures may have been received or made during the period. | 6 | | The Board shall assess a civil penalty not to exceed $5,000 for | 7 | | failure to file a report required by this subsection. The fine, | 8 | | however, shall not exceed $1,000 for a first violation if the | 9 | | committee files less than 10 days after the deadline. There | 10 | | shall be no fine if the report is mailed and postmarked at | 11 | | least 72 hours prior to the filing deadline. When considering | 12 | | the amount of the fine to be imposed, the Board shall consider | 13 | | whether the violation was committed inadvertently, | 14 | | negligently, knowingly, or intentionally and any past | 15 | | violations of this Section. | 16 | | (c) A political committee shall file a report of any | 17 | | contribution of $1,000 or more electronically with the Board | 18 | | within 5 business days after receipt of the contribution, | 19 | | except that the report shall be filed within 2 business days | 20 | | after receipt if (i) the contribution is received 30 or fewer | 21 | | days before the date of an election and (ii) the political | 22 | | committee supports or opposes a candidate or public question on | 23 | | the ballot at that election or makes expenditures in excess of | 24 | | $500 on behalf of or in opposition to a candidate, candidates, | 25 | | a public question, or public questions on the ballot at that | 26 | | election.
The State Board shall allow filings of reports of |
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| 1 | | contributions of $1,000 or more by political committees that | 2 | | are not required to file electronically to be made by facsimile | 3 | | transmission. The Board shall assess a civil penalty for | 4 | | failure to file a report required by this subsection. Failure | 5 | | to report each contribution is a separate violation of this | 6 | | subsection. The Board shall impose fines for willful or wanton | 7 | | violations of this subsection (c) not to exceed 150% of the | 8 | | total amount of the contributions that were untimely reported, | 9 | | but in no case shall it be less than 10% of the total amount of | 10 | | the contributions that were untimely reported. When | 11 | | considering the amount of the fine to be imposed for willful or | 12 | | wanton violations, the Board shall consider the number of days | 13 | | the contribution was reported late and past violations of this | 14 | | Section and Section 9-3. The Board may impose a fine for | 15 | | negligent or inadvertent violations of this subsection not to | 16 | | exceed 50% of the total amount of the contributions that were | 17 | | untimely reported, or the Board may waive the fine. When | 18 | | considering whether to impose a fine and the amount of the | 19 | | fine, the Board shall consider the following factors: (1) | 20 | | whether the political committee made an attempt to disclose the | 21 | | contribution and any attempts made to correct the violation, | 22 | | (2) whether the violation is attributed to a clerical or | 23 | | computer error, (3) the amount of the contribution, (4) whether | 24 | | the violation arose from a discrepancy between the date the | 25 | | contribution was reported transferred by a political committee | 26 | | and the date the contribution was received by a political |
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| 1 | | committee, (5) the number of days the contribution was reported | 2 | | late, and (6) past violations of this Section and Section 9-3 | 3 | | by the political committee. | 4 | | (d) For the purpose of this Section, a contribution is | 5 | | considered received on the date (i) a monetary contribution was | 6 | | deposited in a bank, financial institution, or other repository | 7 | | of funds for the committee, (ii) the date a committee receives | 8 | | notice a monetary contribution was deposited by an entity used | 9 | | to process financial transactions by credit card or other | 10 | | entity used for processing a monetary contribution that was | 11 | | deposited in a bank, financial institution, or other repository | 12 | | of funds for the committee, or (iii) the public official, | 13 | | candidate, or political committee receives the notification of | 14 | | contribution of goods or services as required under subsection | 15 | | (b) of Section 9-6. | 16 | | (e) A political committee that makes independent | 17 | | expenditures of $1,000 or more shall file a report | 18 | | electronically with the Board within 5 business days after | 19 | | making the independent expenditure, except that the report | 20 | | shall be filed within 2 business days after making the | 21 | | independent expenditure during the 60-day period before an | 22 | | election during the period 30 days or fewer before an election | 23 | | shall electronically file a report with the Board within 5 | 24 | | business days after making the independent expenditure. The | 25 | | report shall contain the information required in Section | 26 | | 9-11(c) of this Article .
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| 1 | | (e-5) An independent expenditure committee that makes an | 2 | | independent expenditure supporting or opposing a public | 3 | | official or candidate that, alone or in combination with any | 4 | | other independent expenditure made by that independent | 5 | | expenditure committee supporting or opposing that public | 6 | | official or candidate during the election cycle, equals an | 7 | | aggregate value of more than (i) $250,000 for statewide office | 8 | | or (ii) $100,000 for all other elective offices must file a | 9 | | written disclosure with the State Board of Elections within 2 | 10 | | business days after making any expenditure that results in the | 11 | | independent expenditure committee exceeding the applicable | 12 | | threshold. The Board shall assess a civil penalty against an | 13 | | independent expenditure committee for failure to file the | 14 | | disclosure required by this subsection not to exceed (i) $500 | 15 | | for an initial failure to file the required disclosure and (ii) | 16 | | $1,000 for each subsequent failure to file the required | 17 | | disclosure.
| 18 | | (f) A copy of each report or statement filed under this | 19 | | Article
shall be
preserved by the person filing it for a period | 20 | | of two years from the
date of filing.
| 21 | | (Source: P.A. 96-832, eff. 1-1-11; 97-766, eff. 7-6-12.)".
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