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90_HB0672enr
SEE INDEX
Amends the Election Code. Deletes the requirement that
personal information disclosed by a person examining a
statement or report of a political committee be furnished to
the committee. Provides that, in addition to other
information, the occupation and employer of a person making a
contribution shall be reported. Raises to $2,000 (now
$1,000) the aggregate amount of contributions or expenditures
a political committee may accept or make before filing the
required reports. Raises to $250 (now $150) the limit for
itemized individual contributions to and transfers from a
political committee that must be reported. Provides the
Board may assess a civil penalty not to exceed $5,000 (now
$1,000) for violations of the Article concerning campaign
contributions and expenditures. Provides that the Board may
assess a civil penalty if a political committee fails to
report within 2 days a contribution of $500 or more received
during the period between the committee's last report and the
date of the election. Makes other changes. Effective
immediately.
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1 AN ACT concerning governmental ethics.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 1. Short title. This Act may be cited as the
5 State Gift Ban Act.
6 Section 5. Definitions. As used in this Act:
7 "Commission" means an ethics commission created by this
8 Act.
9 "Employee" means all full-time, part-time, and
10 contractual employees, appointed and elected officials, and
11 directors of a governmental entity.
12 "Gift" means any gratuity, discount, entertainment,
13 hospitality, loan, forbearance, or other tangible or
14 intangible item having monetary value including, but not
15 limited to, cash, food and drink, and honoraria for speaking
16 engagements related to or attributable to government
17 employment or the official position of an employee, member,
18 officer, or judge.
19 "Governmental entity" means each office, board,
20 commission, agency, department, authority, institution,
21 university, body politic and corporate, administrative unit,
22 and corporate outgrowth of the executive, legislative, and
23 judicial branches of State government, whether created by the
24 Illinois Constitution, by or in accordance with statute, or
25 by executive order of the Governor.
26 "Judge" means judges and associate judges of the Supreme
27 Court, Appellate Courts, and Circuit Courts.
28 "Member" means a member of the General Assembly.
29 "Officer" means a State constitutional officer.
30 "Political organization" means a party, committee,
31 association, fund, or other organization (whether or not
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1 incorporated) organized and operated primarily for the
2 purpose of directly or indirectly accepting contributions or
3 making expenditures, or both, for the function of influencing
4 or attempting to influence the selection, nomination,
5 election, or appointment of any individual to any federal,
6 state, or local public office or office in a political
7 organization, or the election of Presidential or
8 Vice-Presidential electors, whether or not the individual or
9 electors are selected, nominated, elected, or appointed. The
10 term includes the making of expenditures relating to an
11 office described in the preceding sentence that, if incurred
12 by the individual, would be allowable as a federal income tax
13 deduction for trade or business expenses.
14 "Prohibited source" means any person or entity who:
15 (1) is seeking official action (i) by the member,
16 officer, or judge or (ii) in the case of an employee, by
17 the employee or by the member, officer, judge,
18 governmental entity, or other employee directing the
19 employee;
20 (2) does business or seeks to do business (i) with
21 the member, officer, or judge or (ii) in the case of an
22 employee, with the employee or with the member, officer,
23 judge, governmental entity, or other employee directing
24 the employee;
25 (3) conducts activities regulated (i) by the
26 member, officer, or judge or (ii) in the case of an
27 employee, by the employee or by the member, officer,
28 judge, governmental entity, or other employee directing
29 the employee;
30 (4) has interests that may be substantially
31 affected by the performance or non-performance of the
32 official duties of the member, officer, employee, or
33 judge; or
34 (5) is registered or required to be registered with
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1 the Secretary of State under the Lobbyist Registration
2 Act.
3 "Ultimate jurisdictional authority" means the following:
4 (1) For members, partisan staff, and their
5 secretaries, the appropriate legislative leader:
6 President of the Senate, Minority Leader of the Senate,
7 Speaker of the House of Representatives, or Minority
8 Leader of the House of Representatives.
9 (2) For State employees who are professional staff
10 or employees of the Senate and not covered under item
11 (1), the Senate Operations Commission.
12 (3) For State employees who are professional staff
13 or employees of the House of Representatives and not
14 covered under item (1), the Speaker of the House of
15 Representatives.
16 (4) For State employees who are employees of the
17 legislative support services agencies, the Joint
18 Committee on Legislative Support Services.
19 (5) For judges, the Chief Justice of the Supreme
20 Court.
21 (6) For State employees of the judicial branch, the
22 Administrative Office of the Illinois Courts.
23 (7) For State employees of an executive branch
24 constitutional officer, the appropriate executive branch
25 constitutional officer.
26 (8) For State employees not under the jurisdiction
27 of paragraph (1), (2), (3), (4), (5), (6), or (7), the
28 Governor.
29 (9) For officers, the General Assembly.
30 Section 10. Gift ban. Except as otherwise provided in
31 this Act, no member, officer, employee, or judge shall
32 solicit or accept any gift from any prohibited source or in
33 violation of any federal or State statute, rule, or
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1 regulation. This ban applies to and includes spouses of and
2 immediate family living with the member, officer, employee,
3 or judge. No prohibited source shall offer or make a gift
4 that violates this Section.
5 Section 15. Exceptions. The restriction in Section 10
6 does not apply to the following:
7 (1) Anything for which the member, officer, employee, or
8 judge pays the market value or anything not used and promptly
9 disposed of as provided in Section 25.
10 (2) A contribution, as defined in Article 9 of the
11 Election Code that is lawfully made under that Act or
12 attendance at a fundraising event sponsored by a political
13 organization.
14 (3) A gift from a relative, meaning those people related
15 to the individual as father, mother, son, daughter, brother,
16 sister, uncle, aunt, great aunt, great uncle, first cousin,
17 nephew, niece, husband, wife, grandfather, grandmother,
18 grandson, granddaughter, father-in-law, mother-in-law,
19 son-in-law, daughter-in-law, brother-in-law, sister-in-law,
20 stepfather, stepmother, stepson, stepdaughter, stepbrother,
21 stepsister, half brother, half sister, and including the
22 father, mother, grandfather, or grandmother of the
23 individual's spouse and the individual's fiance or fiancee.
24 (4) Anything provided by an individual on the basis of a
25 personal friendship unless the member, officer, employee, or
26 judge has reason to believe that, under the circumstances,
27 the gift was provided because of the official position or
28 employment of the member, officer, employee, or judge and not
29 because of the personal friendship.
30 In determining whether a gift is provided on the basis of
31 personal friendship, the member, officer, employee, or judge
32 shall consider the circumstances under which the gift was
33 offered, such as:
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1 (i) the history of the relationship between the
2 individual giving the gift and the recipient of the gift,
3 including any previous exchange of gifts between those
4 individuals;
5 (ii) whether to the actual knowledge of the member,
6 officer, employee, or judge the individual who gave the
7 gift personally paid for the gift or sought a tax
8 deduction or business reimbursement for the gift; and
9 (iii) whether to the actual knowledge of the
10 member, officer, employee, or judge the individual who
11 gave the gift also at the same time gave the same or
12 similar gifts to other members, officers, employees, or
13 judges.
14 (5) A commercially reasonable loan evidenced in writing
15 with repayment due by a date certain made in the ordinary
16 course of the lender's business.
17 (6) A contribution or other payments to a legal defense
18 fund established for the benefit of a member, officer,
19 employee, or judge that is otherwise lawfully made.
20 (7) Intra-office and inter-office gifts. For the
21 purpose of this Act, "intra-office gifts" means:
22 (i) any gift given to a member or employee of the
23 legislative branch from another member or employee of the
24 legislative branch;
25 (ii) any gift given to a judge or employee of the
26 judicial branch from another judge or employee of the
27 judicial branch;
28 (iii) any gift given to an officer or employee of
29 the executive branch from another officer or employee of
30 the executive branch;
31 (iv) any gift given to an officer or employee of a
32 unit of local government, home rule unit, or school
33 district, from another employee of that unit of local
34 government, home rule unit, or school district;
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1 (v) any gift given to an officer or employee of any
2 other governmental entity not included in item (i), (ii),
3 (iii), or (iv), from another employee of that
4 governmental entity; or
5 (vi) any gift given to a member or employee of the
6 legislative branch, a judge or employee of the judicial
7 branch, an officer or employee of the executive branch,
8 an officer or employee of a unit of local government,
9 home rule unit, or school district, or an officer or
10 employee of any other governmental entity not included in
11 item (i), (ii), (iii), or (iv) from a member or employee
12 of the legislative branch, a judge or employee of the
13 judicial branch, an officer or employee of the executive
14 branch, an officer or employee of a unit of local
15 government, home rule unit, or school district, or an
16 officer or employee of any other governmental entity.
17 (8) Food, refreshments, lodging, transportation, and
18 other benefits:
19 (i) resulting from the outside business or
20 employment activities (or outside activities that are not
21 connected to the duties of the member, officer, employee,
22 or judge, as an office holder or employee) of the member,
23 officer, employee, judge, or the spouse of the member,
24 officer, employee, or judge, if the benefits have not
25 been offered or enhanced because of the official position
26 or employment of the member, officer, employee, or judge
27 and are customarily provided to others in similar
28 circumstances;
29 (ii) customarily provided by a prospective employer
30 in connection with bona fide employment discussions; or
31 (iii) provided by a political organization in
32 connection with a fundraising or campaign event sponsored
33 by that organization.
34 (9) Pension and other benefits resulting from continued
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1 participation in an employee welfare and benefits plan
2 maintained by a former employer.
3 (10) Informational materials that are sent to the office
4 of the member, officer, employee, or judge in the form of
5 books, articles, periodicals, other written materials,
6 audiotapes, videotapes, or other forms of communication.
7 (11) Awards or prizes that are given to competitors in
8 contests or events open to the public, including random
9 drawings.
10 (12) Honorary degrees (and associated travel, food,
11 refreshments, and entertainment provided in the presentation
12 of degrees and awards).
13 (13) Training (including food and refreshments furnished
14 to all attendees as an integral part of the training)
15 provided to a member, officer, employee, or judge, if the
16 training is in the interest of the governmental entity.
17 (14) Educational missions, including meetings with
18 government officials either foreign or domestic, intended to
19 educate public officials on matters of public policy, to
20 which the member, officer, employee, or judge may be invited
21 to participate along with other federal, state, or local
22 public officials and community leaders.
23 (15) Bequests, inheritances, and other transfers at
24 death.
25 (16) Anything that is paid for by the federal
26 government, the State, or a governmental entity, or secured
27 by the government or governmental entity under a government
28 contract.
29 (17) A gift of personal hospitality of an individual
30 other than a registered lobbyist or agent of a foreign
31 principal, including hospitality extended for a nonbusiness
32 purpose by an individual, not a corporation or organization,
33 at the personal residence of that individual or the
34 individual's family or on property or facilities owned by
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1 that individual or the individual's family.
2 (18) Free attendance at a widely attended event
3 permitted under Section 20.
4 (19) Opportunities and benefits that are:
5 (i) available to the public or to a class
6 consisting of all employees, officers, members, or
7 judges, whether or not restricted on the basis of
8 geographic consideration;
9 (ii) offered to members of a group or class in
10 which membership is unrelated to employment or official
11 position;
12 (iii) offered to members of an organization such as
13 an employee's association or credit union, in which
14 membership is related to employment or official position
15 and similar opportunities are available to large segments
16 of the public through organizations of similar size;
17 (iv) offered to any group or class that is not
18 defined in a manner that specifically discriminates among
19 government employees on the basis of branch of government
20 or type of responsibility, or on a basis that favors
21 those of higher rank or rate of pay;
22 (v) in the form of loans from banks and other
23 financial institutions on terms generally available to
24 the public; or
25 (vi) in the form of reduced membership or other
26 fees for participation in organization activities offered
27 to all government employees by professional organizations
28 if the only restrictions on membership relate to
29 professional qualifications.
30 (20) A plaque, trophy, or other item that is
31 substantially commemorative in nature and that is extended
32 for presentation.
33 (21) Golf or tennis; food or refreshments of nominal
34 value and catered food or refreshments; meals or beverages
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1 consumed on the premises from which they were purchased.
2 (22) Donations of products from an Illinois company that
3 are intended primarily for promotional purposes, such as
4 display or free distribution, and are of minimal value to any
5 individual recipient.
6 (23) An item of nominal value such as a greeting card,
7 baseball cap, or T-shirt.
8 Section 20. Attendance at events.
9 (a) A member, officer, employee, or judge may accept an
10 offer of free attendance at a widely attended convention,
11 conference, symposium, forum, panel discussion, dinner,
12 viewing, reception, or similar event, provided by the sponsor
13 of the event, if:
14 (1) the member, officer, employee, or judge
15 participates in the event as a speaker or a panel
16 participant, by presenting information related to
17 government, or by performing a ceremonial function
18 appropriate to the member's, officer's, employee's, or
19 judge's official position or employment; or
20 (2) attendance at the event is appropriate to the
21 performance of civic affairs in Illinois or the official
22 duties or representative function of the member, officer,
23 employee, or judge.
24 (b) A member, officer, employee, or judge who attends an
25 event described in subsection (a) may accept a sponsor's
26 unsolicited offer of free attendance at the event for an
27 accompanying individual.
28 (c) A member, officer, employee, or judge, or the spouse
29 or dependent thereof, may accept a sponsor's unsolicited
30 offer of free attendance at a charity event, except that
31 reimbursement for transportation and lodging may not be
32 accepted in connection with the event.
33 (d) For purposes of this Section, the term "free
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1 attendance" may include waiver of all or part of a conference
2 or other fee, the provision of transportation, or the
3 provision of food, refreshments, entertainment, and
4 instructional materials furnished to all attendees as an
5 integral part of the event. The term does not include
6 entertainment collateral to the event, nor does it include
7 food or refreshments taken other than in a group setting with
8 all or substantially all other attendees, except as
9 authorized under subsection (21) of Section 15.
10 Section 25. Disposition of gifts. The recipient of a
11 gift that is given in violation of this Act may, at his or
12 her discretion, return the item to the donor or give the item
13 or an amount equal to its value to an appropriate charity.
14 Section 30. Reimbursement.
15 (a) A reimbursement (including payment in kind) to a
16 member, officer, employee, or judge from a private source
17 other than a registered lobbyist or agent of a foreign
18 principal for necessary transportation, lodging, and related
19 expenses for travel to a meeting, speaking engagement, fact
20 finding trip, or similar event in connection with the duties
21 of the member, officer, employee, or judge as an office
22 holder or employee shall be deemed to be a reimbursement to
23 the governmental entity and not a gift prohibited by this Act
24 if the member, officer, employee, or judge:
25 (1) discloses the expenses reimbursed or to be
26 reimbursed and the authorization to the Clerk of the
27 House of Representatives, the Secretary of the Senate,
28 the State Comptroller, fiscal officer, or similar
29 authority as appropriate, within 30 days after the travel
30 is completed; and
31 (2) in the case of an employee, receives advance
32 authorization, from the member, officer, judge, or other
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1 employee under whose direct supervision the employee
2 works to accept reimbursement.
3 (b) For purposes of subsection (a), events, the
4 activities of which are substantially recreational in nature,
5 shall not be considered to be in connection with the duties
6 of a member, officer, employee, or judge as an office holder
7 or employee.
8 (c) Each advance authorization to accept reimbursement
9 shall be signed by the member, officer, judge, or other
10 employee under whose direct supervision the employee works
11 and shall include:
12 (1) the name of the employee;
13 (2) the name of the person who will make the
14 reimbursement;
15 (3) the time, place, and purpose of the travel; and
16 (4) a determination that the travel is in
17 connection with the duties of the employee as an employee
18 and would not create the appearance that the employee is
19 using public employment for private gain.
20 (d) Each disclosure made under subsection (a) of
21 expenses reimbursed or to be reimbursed shall be signed by
22 the member, officer, or judge (in the case of travel by the
23 member, officer, or judge) or by the member, officer, judge,
24 or other employee under whose direct supervision the employee
25 works (in the case of travel by an employee) and shall
26 include:
27 (1) a good faith estimate of total transportation
28 expenses reimbursed or to be reimbursed;
29 (2) a good faith estimate of total lodging expenses
30 reimbursed or to be reimbursed;
31 (3) a good faith estimate of total meal expenses
32 reimbursed or to be reimbursed;
33 (4) a good faith estimate of the total of other
34 expenses reimbursed or to be reimbursed; and
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1 (5) a determination that all those expenses are
2 necessary transportation, lodging, and related expenses.
3 Section 35. Ethics Officer. Each officer and the head of
4 each governmental entity shall designate an Ethics Officer
5 for the office or governmental entity. For the legislative
6 branch, the President and Minority Leader of the Senate and
7 the Speaker and Minority Leader of the House of
8 Representatives shall each appoint an ethics officer for the
9 legislative members of their political party. Ethics Officers
10 shall:
11 (1) review statements of economic interest and
12 disclosure forms of members, officers, judges, senior
13 employees, and contract monitors before they are filed
14 with the Secretary of State; and
15 (2) provide guidance to members, officers,
16 employees, and judges in the interpretation and
17 implementation of this Act.
18 Section 40. Further restrictions. A governmental entity
19 may adopt or maintain policies that are more restrictive than
20 those set forth in this Act and shall continue to follow any
21 existing policies, statutes, or regulations that are more
22 restrictive or are in addition to those set forth in this
23 Act.
24 Section 45. Ethics Commissions.
25 (a) Ethics Commissions are created for the branches of
26 government as provided in this Section. The initial
27 appointments to each commission shall be made within 60 days
28 after the effective date of this Act. The appointing
29 authorities shall appoint commissioners who have experience
30 holding governmental office or employment and shall appoint
31 commissioners from the general public or from within the
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1 appointing authority's branch of government. With respect to
2 each of the ethics commissions designated in items (1), (2),
3 (3), (4), and (5), no more than 4 of the 7 appointees shall
4 be of the same political party. The appointee shall
5 establish his or her political party affiliation by his or
6 her last record of voting in a party primary election.
7 (1) For the ethics commission of the Governor there
8 shall be 7 commissioners appointed by the Governor. This
9 ethics commission shall have jurisdiction over all of the
10 executive branch of State government except the officers
11 specified in items (2), (3), (4), and (5) and their
12 employees.
13 (2) For the ethics commission of the Attorney
14 General there shall be 7 commissioners appointed by the
15 Attorney General.
16 (3) For the ethics commission of the Secretary of
17 State there shall be 7 commissioners appointed by the
18 Secretary of State.
19 (4) For the ethics commission of the Comptroller
20 there shall be 7 commissioners appointed by the
21 Comptroller.
22 (5) For the ethics commission of the Treasurer
23 there shall be 7 commissioners appointed by the
24 Treasurer.
25 (6) For the ethics commission of the legislative
26 branch there shall be 8 commissioners. The Speaker and
27 the Minority Leader of the House of Representatives and
28 the President and the Minority Leader of the Senate shall
29 each appoint 2 commissioners.
30 (7) For the ethics commission of the judicial
31 branch there shall be 6 commissioners. The Chief Justice
32 of the Supreme Court shall appoint the commissioners with
33 the concurrence of 3 other Supreme Court Judges.
34 (b) At the first meeting of each commission, the initial
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1 appointees shall draw lots to divide into 2 groups.
2 Commissioners of the first group shall serve 2-year terms,
3 and commissioners of the second group shall serve one-year
4 terms. Thereafter commissioners shall be appointed to 2-year
5 terms. Commissioners may be reappointed to serve subsequent
6 terms.
7 (c) The respective appointing authority or authorities
8 may remove a commissioner appointed by that authority or
9 those authorities in case of incompetency, neglect of duty,
10 or malfeasance in office after service on the commissioner by
11 certified mail, return receipt requested, of a copy of the
12 written charges against the commissioner and an opportunity
13 to be heard in person or by counsel upon not less than 10
14 days' notice. Vacancies shall be filled by the appropriate
15 appointing authority or authorities.
16 (d) Each commission shall meet as often as necessary to
17 perform its duties. Except for the ethics commission for the
18 legislative branch, at the first meeting of each commission
19 the commissioners shall choose a chairperson from their
20 number. For the ethics commission for the legislative branch,
21 the President of the Senate and whichever of the Speaker or
22 Minority Leader of the House is of the same political party
23 as the President shall jointly designate one member as
24 co-chair; the other 2 legislative leaders shall jointly
25 designate the other co-chair. Meetings shall be held at the
26 call of the chairperson or any 2 commissioners. Official
27 action by the commission shall require the affirmative vote
28 of the number of commissioners provided in this subsection,
29 and a quorum shall consist of the number of commissioners
30 provided in this subsection. The number of commissioners
31 required for a quorum and the affirmative vote of each ethics
32 commission shall be as follows: for the Governor, 4; for the
33 Attorney General, 4; for the Secretary of State, 4; for the
34 Treasurer, 4; for the Comptroller, 4; for the legislative
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1 branch, 5; for the judicial branch, 4. Commissioners may be
2 reimbursed for their reasonable expenses actually incurred in
3 the performance of their duties.
4 Section 50. Staff. Each commission may employ necessary
5 staff persons and may contract for services that cannot be
6 satisfactorily performed by the staff.
7 Section 55. Powers and duties. Each commission shall
8 have the following powers and duties:
9 (1) To promulgate procedures and rules governing the
10 performance of its duties and the exercise of its powers.
11 (2) Upon receipt of a signed, notarized, written
12 complaint, to investigate, conduct research, conduct closed
13 hearings and deliberations, issue recommendations, and impose
14 a fine.
15 (3) To act only upon the receipt of a written complaint
16 alleging a violation of this Act and not upon its own
17 prerogative.
18 (4) To receive information from the public pertaining to
19 its investigations and to require additional information and
20 documents from persons who may have violated this Act.
21 (5) To subpoena witnesses and compel the production of
22 books and papers pertinent to an investigation authorized by
23 this Act.
24 (6) To request that the Attorney General provide legal
25 advice without charge to the commission.
26 (7) To prepare and publish manuals and guides explaining
27 the duties of individuals covered by this Act.
28 (8) To prepare public information materials to
29 facilitate compliance, implementation, and enforcement of
30 this Act.
31 (9) To submit to each commissioner's respective
32 appointing authority or authorities an annual statistical
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1 report for each year consisting of (i) the number of
2 complaints filed, (ii) the number of complaints deemed to
3 sufficiently allege a violation of this Act, (iii) the
4 recommendation, fine, or decision issued for each complaint,
5 (iv) the number of complaints resolved, and (v) the status of
6 pending complaints.
7 The powers and duties of a commission are limited to
8 matters clearly within the purview of this Act.
9 Section 60. Complaint procedure.
10 (a) Complaints alleging the violation of this Act shall
11 be filed with the appropriate ethics commission as follows:
12 (1) If the complaint alleges a violation by an
13 officer or employee of the executive branch of State
14 government, then the complaint shall be filed with the
15 appropriate ethics commission within the executive
16 branch.
17 (2) If the complaint alleges a violation by a judge
18 or employee of the judicial branch of government, then
19 the complaint shall be filed with the judicial ethics
20 commission.
21 (3) If the complaint alleges a violation by a
22 member or employee of the legislative branch of State
23 government or any employee not included within paragraphs
24 (1) or (2), then the complaint shall be filed with the
25 legislative ethics commission.
26 Any complaint received by or incident reported to a
27 member, officer, employee, judge, or governmental entity
28 alleging the violation of this Act shall be forwarded to the
29 appropriate commission. The complaint shall not be properly
30 filed until submitted to the appropriate commission.
31 (b) Within 3 business days after the receipt of an
32 ethics complaint, the commission shall send by certified
33 mail, return receipt requested, a notice to the respondent
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1 that a complaint has been filed against him or her and a copy
2 of the complaint. The commission shall send by certified
3 mail, return receipt requested, a confirmation of the receipt
4 of the complaint to the complainant within 3 business days
5 after the submittal to the commission. The notices to the
6 respondent and the complainant shall also advise them of the
7 date, time, and place of the meeting on the sufficiency of
8 the complaint and probable cause.
9 (c) Upon at least 24 hours' public notice of the
10 session, the commission shall meet in a closed session to
11 review the sufficiency of the complaint and, if the complaint
12 is deemed to sufficiently allege a violation of this Act, to
13 determine if there is probable cause, based on evidence
14 presented by the complainant, to proceed. The commission
15 shall issue notice to the complainant and the respondent of
16 the commission's ruling on the sufficiency of the complaint
17 and, if necessary, on probable cause within 7 business days
18 after receiving the complaint. If the complaint is deemed to
19 sufficiently allege a violation of this Act and there is a
20 determination of probable cause, then the commission's notice
21 to the parties shall include a hearing date scheduled within
22 4 weeks after the complaint's receipt. If the complaint is
23 deemed not to sufficiently allege a violation or if there is
24 no determination of probable cause, then the commission shall
25 send by certified mail, return receipt requested, a notice to
26 the parties of the decision to dismiss the complaint, and
27 that notice shall be made public.
28 (d) On the scheduled date and upon at least 24 hours'
29 public notice of the meeting, the commission shall conduct a
30 closed meeting on the complaint and allow both parties the
31 opportunity to present testimony and evidence.
32 (e) Within 6 weeks after the complaint's receipt, the
33 commission shall (i) dismiss the complaint or (ii) issue a
34 preliminary recommendation to the alleged violator and to the
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1 violator's ultimate jurisdictional authority or impose a fine
2 upon the violator, or both. The particular findings in the
3 instant case, the preliminary recommendation, and any fine
4 shall be made public.
5 (f) Within 7 business days after the issuance of the
6 preliminary recommendation or imposition of a fine, or both,
7 the respondent may file a written demand for a public hearing
8 on the complaint. The filing of the demand shall stay the
9 enforcement of the preliminary recommendation or fine.
10 Within 2 weeks after receiving the demand, the commission
11 shall conduct a public hearing on the complaint after at
12 least 24 hours' public notice of the hearing and allow both
13 parties the opportunity to present testimony and evidence.
14 Within 5 business days, the commission shall publicly issue a
15 final recommendation to the alleged violator and to the
16 violator's ultimate jurisdictional authority or impose a fine
17 upon the violator, or both.
18 (g) If a complaint is filed during the 60 days preceding
19 the date of any election at which the respondent is a
20 candidate, the commission shall render its decision as
21 required under subsection (e) within 7 days after the
22 complaint is filed, and during the 7 days preceding that
23 election, the commission shall render such decision before
24 the date of that election, if possible.
25 (h) A commission may levy a fine of up to $5,000 against
26 any person who knowingly files a frivolous complaint alleging
27 a violation of this Act.
28 (i) A complaint alleging the violation of this Act must
29 be filed within one year after the alleged violation.
30 Section 65. Enforcement.
31 (a) A commission may recommend to a person's ultimate
32 jurisdictional authority disciplinary action against the
33 person it determines to be in violation of this Act. The
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1 recommendation may prescribe the following courses of action:
2 (1) A reprimand.
3 (2) To cease and desist the offensive action.
4 (3) A return or refund of money or other items, or
5 an amount of restitution for services, received in
6 violation of this Act.
7 (4) Dismissal, removal from office, impeachment, or
8 expulsion.
9 (5) Donation to a charity of an amount equal to the
10 gift.
11 (b) A commission may impose a fine of up to $1,000 per
12 violation to be deposited into the General Revenue Fund.
13 (c) The ultimate jurisdictional authority of a person
14 who violates an ethics provision may take disciplinary action
15 against the person as recommended by a commission or as it
16 deems appropriate, to the extent it is constitutionally
17 permissible for the ultimate jurisdictional authority to take
18 that action. The ultimate jurisdictional authority shall make
19 its action, or determination to take no action, available to
20 the public.
21 (d) If after a hearing the commission finds no violation
22 of this Act, the commission shall dismiss the complaint.
23 Section 70. Penalty. An individual who knowingly
24 violates this Act is guilty of a business offense and subject
25 to a fine of up to $5,000.
26 Section 75. Review. A commission's decision to dismiss
27 a complaint or its recommendation is not a final
28 administrative decision, but its imposition of a fine is a
29 final administrative decision subject to judicial review
30 under the Administrative Review Law of the Code of Civil
31 Procedure.
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1 Section 80. Exemption. The proceedings conducted and
2 documents generated under this Act are exempt from the
3 provisions of the Open Meetings Act and the Freedom of
4 Information Act.
5 Section 83. Units of local government; school districts.
6 Within 6 months after the effective date of this Act, units
7 of local government, home rule units, and school districts
8 shall prohibit the solicitation and acceptance of gifts, and
9 shall enforce those prohibitions, in a manner substantially
10 in accordance with the requirements of this Act and shall
11 adopt provisions no less restrictive than the provisions of
12 this Act. Non-salaried appointed or elected officials may be
13 exempted.
14 Section 85. Home rule preemption. A home rule unit may
15 not regulate the prohibition of gifts to members, officers,
16 employees, or judges or the enforcement of these provisions
17 in a manner inconsistent with this Act. This Section is a
18 limitation under subsection (i) of Section 6 of Article VII
19 of the Illinois Constitution on the concurrent exercise by
20 home rule units of powers and functions exercised by the
21 State.
22 Section 95. Effect on Executive Order or similar rule.
23 This Act supersedes the ethics reforms provided for in (i)
24 Part I (Ban On Gifts To State Employees From Prohibited
25 Sources) contained in Executive Order No. 2 (1997) and (ii)
26 any other executive, administrative, or similar order,
27 policy, or rule promulgated by an officer, member, judge,
28 employee, or governmental entity that conflicts with or is
29 less restrictive than this Act.
30 Section 205. The Open Meetings Act is amended by
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1 changing Section 1.02 as follows:
2 (5 ILCS 120/1.02) (from Ch. 102, par. 41.02)
3 Sec. 1.02. For the purposes of this Act:
4 "Meeting" means any gathering of a majority of a quorum
5 of the commissioners of a public body held for the purpose of
6 discussing public business.
7 "Public body" includes all legislative, executive,
8 administrative or advisory bodies of the state, counties,
9 townships, cities, villages, incorporated towns, school
10 districts and all other municipal corporations, boards,
11 bureaus, committees or commissions of this State, and any
12 subsidiary bodies of any of the foregoing including but not
13 limited to committees and subcommittees which are supported
14 in whole or in part by tax revenue, or which expend tax
15 revenue, except the General Assembly and committees or
16 commissions thereof. "Public body" includes tourism boards
17 and convention or civic center boards located in counties
18 that are contiguous to the Mississippi River with populations
19 of more than 250,000 but less than 300,000. "Public body"
20 does not include a child death review team established under
21 the Child Death Review Team Act or an ethics commission,
22 ethics officer, or ultimate jurisdictional authority acting
23 under the State Gift Ban Act as provided by Section 80 of
24 that Act.
25 (Source: P.A. 90-517, eff. 8-22-97.)
26 Section 210. The Freedom of Information Act is amended
27 by changing Section 7 as follows:
28 (5 ILCS 140/7) (from Ch. 116, par. 207)
29 Sec. 7. Exemptions.
30 (1) The following shall be exempt from inspection and
31 copying:
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1 (a) Information specifically prohibited from
2 disclosure by federal or State law or rules and
3 regulations adopted under federal or State law.
4 (b) Information that, if disclosed, would
5 constitute a clearly unwarranted invasion of personal
6 privacy, unless the disclosure is consented to in writing
7 by the individual subjects of the information. The
8 disclosure of information that bears on the public duties
9 of public employees and officials shall not be considered
10 an invasion of personal privacy. Information exempted
11 under this subsection (b) shall include but is not
12 limited to:
13 (i) files and personal information maintained
14 with respect to clients, patients, residents,
15 students or other individuals receiving social,
16 medical, educational, vocational, financial,
17 supervisory or custodial care or services directly
18 or indirectly from federal agencies or public
19 bodies;
20 (ii) personnel files and personal information
21 maintained with respect to employees, appointees or
22 elected officials of any public body or applicants
23 for those positions;
24 (iii) files and personal information
25 maintained with respect to any applicant, registrant
26 or licensee by any public body cooperating with or
27 engaged in professional or occupational
28 registration, licensure or discipline;
29 (iv) information required of any taxpayer in
30 connection with the assessment or collection of any
31 tax unless disclosure is otherwise required by State
32 statute; and
33 (v) information revealing the identity of
34 persons who file complaints with or provide
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1 information to administrative, investigative, law
2 enforcement or penal agencies; provided, however,
3 that identification of witnesses to traffic
4 accidents, traffic accident reports, and rescue
5 reports may be provided by agencies of local
6 government, except in a case for which a criminal
7 investigation is ongoing, without constituting a
8 clearly unwarranted per se invasion of personal
9 privacy under this subsection.
10 (c) Records compiled by any public body for
11 administrative enforcement proceedings and any law
12 enforcement or correctional agency for law enforcement
13 purposes or for internal matters of a public body, but
14 only to the extent that disclosure would:
15 (i) interfere with pending or actually and
16 reasonably contemplated law enforcement proceedings
17 conducted by any law enforcement or correctional
18 agency;
19 (ii) interfere with pending administrative
20 enforcement proceedings conducted by any public
21 body;
22 (iii) deprive a person of a fair trial or an
23 impartial hearing;
24 (iv) unavoidably disclose the identity of a
25 confidential source or confidential information
26 furnished only by the confidential source;
27 (v) disclose unique or specialized
28 investigative techniques other than those generally
29 used and known or disclose internal documents of
30 correctional agencies related to detection,
31 observation or investigation of incidents of crime
32 or misconduct;
33 (vi) constitute an invasion of personal
34 privacy under subsection (b) of this Section;
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1 (vii) endanger the life or physical safety of
2 law enforcement personnel or any other person; or
3 (viii) obstruct an ongoing criminal
4 investigation.
5 (d) Criminal history record information maintained
6 by State or local criminal justice agencies, except the
7 following which shall be open for public inspection and
8 copying:
9 (i) chronologically maintained arrest
10 information, such as traditional arrest logs or
11 blotters;
12 (ii) the name of a person in the custody of a
13 law enforcement agency and the charges for which
14 that person is being held;
15 (iii) court records that are public;
16 (iv) records that are otherwise available
17 under State or local law; or
18 (v) records in which the requesting party is
19 the individual identified, except as provided under
20 part (vii) of paragraph (c) of subsection (1) of
21 this Section.
22 "Criminal history record information" means data
23 identifiable to an individual and consisting of
24 descriptions or notations of arrests, detentions,
25 indictments, informations, pre-trial proceedings, trials,
26 or other formal events in the criminal justice system or
27 descriptions or notations of criminal charges (including
28 criminal violations of local municipal ordinances) and
29 the nature of any disposition arising therefrom,
30 including sentencing, court or correctional supervision,
31 rehabilitation and release. The term does not apply to
32 statistical records and reports in which individuals are
33 not identified and from which their identities are not
34 ascertainable, or to information that is for criminal
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1 investigative or intelligence purposes.
2 (e) Records that relate to or affect the security
3 of correctional institutions and detention facilities.
4 (f) Preliminary drafts, notes, recommendations,
5 memoranda and other records in which opinions are
6 expressed, or policies or actions are formulated, except
7 that a specific record or relevant portion of a record
8 shall not be exempt when the record is publicly cited and
9 identified by the head of the public body. The exemption
10 provided in this paragraph (f) extends to all those
11 records of officers and agencies of the General Assembly
12 that pertain to the preparation of legislative documents.
13 (g) Trade secrets and commercial or financial
14 information obtained from a person or business where the
15 trade secrets or information are proprietary, privileged
16 or confidential, or where disclosure of the trade secrets
17 or information may cause competitive harm, including all
18 information determined to be confidential under Section
19 4002 of the Technology Advancement and Development Act.
20 Nothing contained in this paragraph (g) shall be
21 construed to prevent a person or business from consenting
22 to disclosure.
23 (h) Proposals and bids for any contract, grant, or
24 agreement, including information which if it were
25 disclosed would frustrate procurement or give an
26 advantage to any person proposing to enter into a
27 contractor agreement with the body, until an award or
28 final selection is made. Information prepared by or for
29 the body in preparation of a bid solicitation shall be
30 exempt until an award or final selection is made.
31 (i) Valuable formulae, designs, drawings and
32 research data obtained or produced by any public body
33 when disclosure could reasonably be expected to produce
34 private gain or public loss.
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1 (j) Test questions, scoring keys and other
2 examination data used to administer an academic
3 examination or determined the qualifications of an
4 applicant for a license or employment.
5 (k) Architects' plans and engineers' technical
6 submissions for projects not constructed or developed in
7 whole or in part with public funds and for projects
8 constructed or developed with public funds, to the extent
9 that disclosure would compromise security.
10 (l) Library circulation and order records
11 identifying library users with specific materials.
12 (m) Minutes of meetings of public bodies closed to
13 the public as provided in the Open Meetings Act until the
14 public body makes the minutes available to the public
15 under Section 2.06 of the Open Meetings Act.
16 (n) Communications between a public body and an
17 attorney or auditor representing the public body that
18 would not be subject to discovery in litigation, and
19 materials prepared or compiled by or for a public body in
20 anticipation of a criminal, civil or administrative
21 proceeding upon the request of an attorney advising the
22 public body, and materials prepared or compiled with
23 respect to internal audits of public bodies.
24 (o) Information received by a primary or secondary
25 school, college or university under its procedures for
26 the evaluation of faculty members by their academic
27 peers.
28 (p) Administrative or technical information
29 associated with automated data processing operations,
30 including but not limited to software, operating
31 protocols, computer program abstracts, file layouts,
32 source listings, object modules, load modules, user
33 guides, documentation pertaining to all logical and
34 physical design of computerized systems, employee
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1 manuals, and any other information that, if disclosed,
2 would jeopardize the security of the system or its data
3 or the security of materials exempt under this Section.
4 (q) Documents or materials relating to collective
5 negotiating matters between public bodies and their
6 employees or representatives, except that any final
7 contract or agreement shall be subject to inspection and
8 copying.
9 (r) Drafts, notes, recommendations and memoranda
10 pertaining to the financing and marketing transactions of
11 the public body. The records of ownership, registration,
12 transfer, and exchange of municipal debt obligations, and
13 of persons to whom payment with respect to these
14 obligations is made.
15 (s) The records, documents and information relating
16 to real estate purchase negotiations until those
17 negotiations have been completed or otherwise terminated.
18 With regard to a parcel involved in a pending or actually
19 and reasonably contemplated eminent domain proceeding
20 under Article VII of the Code of Civil Procedure,
21 records, documents and information relating to that
22 parcel shall be exempt except as may be allowed under
23 discovery rules adopted by the Illinois Supreme Court.
24 The records, documents and information relating to a real
25 estate sale shall be exempt until a sale is consummated.
26 (t) Any and all proprietary information and records
27 related to the operation of an intergovernmental risk
28 management association or self-insurance pool or jointly
29 self-administered health and accident cooperative or
30 pool.
31 (u) Information concerning a university's
32 adjudication of student or employee grievance or
33 disciplinary cases, to the extent that disclosure would
34 reveal the identity of the student or employee and
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1 information concerning any public body's adjudication of
2 student or employee grievances or disciplinary cases,
3 except for the final outcome of the cases.
4 (v) Course materials or research materials used by
5 faculty members.
6 (w) Information related solely to the internal
7 personnel rules and practices of a public body.
8 (x) Information contained in or related to
9 examination, operating, or condition reports prepared by,
10 on behalf of, or for the use of a public body responsible
11 for the regulation or supervision of financial
12 institutions or insurance companies, unless disclosure is
13 otherwise required by State law.
14 (y) Information the disclosure of which is
15 restricted under Section 5-108 of the Public Utilities
16 Act.
17 (z) Manuals or instruction to staff that relate to
18 establishment or collection of liability for any State
19 tax or that relate to investigations by a public body to
20 determine violation of any criminal law.
21 (aa) Applications, related documents, and medical
22 records received by the Experimental Organ
23 Transplantation Procedures Board and any and all
24 documents or other records prepared by the Experimental
25 Organ Transplantation Procedures Board or its staff
26 relating to applications it has received.
27 (bb) Insurance or self insurance (including any
28 intergovernmental risk management association or self
29 insurance pool) claims, loss or risk management
30 information, records, data, advice or communications.
31 (cc) Information and records held by the Department
32 of Public Health and its authorized representatives
33 relating to known or suspected cases of sexually
34 transmissible disease or any information the disclosure
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1 of which is restricted under the Illinois Sexually
2 Transmissible Disease Control Act.
3 (dd) Information the disclosure of which is
4 exempted under Section 30 of the Radon Industry Licensing
5 Act.
6 (ee) Firm performance evaluations under Section 55
7 of the Architectural, Engineering, and Land Surveying
8 Qualifications Based Selection Act.
9 (ff) Security portions of system safety program
10 plans, investigation reports, surveys, schedules, lists,
11 data, or information compiled, collected, or prepared by
12 or for the Regional Transportation Authority under
13 Section 2.11 of the Regional Transportation Authority Act
14 or the State of Missouri under the Bi-State Transit
15 Safety Act.
16 (gg) (ff) Information the disclosure of which is
17 restricted and exempted under Section 50 of the Illinois
18 Prepaid Tuition Act.
19 (hh) Information the disclosure of which is
20 exempted under Section 80 of the State Gift Ban Act.
21 (2) This Section does not authorize withholding of
22 information or limit the availability of records to the
23 public, except as stated in this Section or otherwise
24 provided in this Act.
25 (Source: P.A. 90-262, eff. 7-30-97; 90-273, eff. 7-30-97;
26 90-546, eff. 12-1-97; revised 12-24-97.)
27 (5 ILCS 420/3-101 rep.)
28 Section 215. The Illinois Governmental Ethics Act is
29 amended by repealing Section 3-101.
30 Section 220. The Election Code is amended by changing
31 Sections 9-1.7, 9-1.8, 9-1.9, 9-1.12, 9-3, 9-6, 9-10, 9-11,
32 9-12, 9-13, 9-14, 9-23, 9-26, and 9-28 and adding Sections
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1 9-7.5, 9-8.10, 9-8.15, 9-9.5, and 9-27.5 as follows:
2 (10 ILCS 5/9-1.7) (from Ch. 46, par. 9-1.7)
3 Sec. 9-1.7. "Local political committee" means the
4 candidate himself or any individual, trust, partnership,
5 committee, association, corporation, or any other
6 organization or group of persons which--
7 (a) accepts contributions or grants or makes
8 expenditures during any 12-month period in an aggregate
9 amount exceeding $3,000 $1,000 on behalf of or in opposition
10 to a candidate or candidates for public office who are
11 required by the Illinois Governmental Ethics Act to file
12 statements of economic interests with the county clerk, or on
13 behalf of or in opposition to a candidate or candidates for
14 election to the office of ward or township committeeman in
15 counties of 3,000,000 or more population.
16 (b) accepts contributions or makes expenditures during
17 any 12-month period in an aggregate amount exceeding $3,000
18 $1,000 in support of or in opposition to any question of
19 public policy to be submitted to the electors of an area
20 encompassing no more than one county, or
21 (c) accepts contributions or makes expenditures during
22 any 12-month period in an aggregate amount exceeding $3,000
23 $1,000 and has as its primary purpose the furtherance of
24 governmental, political or social values, is organized on a
25 not-for-profit basis, and which publicly endorses or publicly
26 opposes a candidate or candidates for public office who are
27 required by the Illinois Governmental Ethics Act to file
28 statements of economic interest with the County Clerk or a
29 candidate or candidates for the office of ward or township
30 committeeman in counties of 3,000,000 or more population.
31 (Source: P.A. 89-405, eff. 11-8-95.)
32 (10 ILCS 5/9-1.8) (from Ch. 46, par. 9-1.8)
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1 Sec. 9-1.8. "State political committee" means the
2 candidate himself or any individual, trust, partnership,
3 committee, association, corporation, or any other
4 organization or group of persons which--
5 (a) accepts contributions or grants or makes
6 expenditures during any 12-month period in an aggregate
7 amount exceeding $3,000 $1,000 on behalf of or in opposition
8 to a candidate or candidates for public office who are
9 required by the Illinois Governmental Ethics Act to file
10 statements of economic interests with the Secretary of State,
11 (b) accepts contributions or makes expenditures during
12 any 12-month period in an aggregate amount exceeding $3,000
13 in support of or in opposition to any question of public
14 policy to be submitted to the electors of an area
15 encompassing more than one county, or
16 (c) accepts contributions or makes expenditures during
17 any 12-month period in an aggregate amount exceeding $3,000
18 $1,000 ($3,000 in the case of question of public policy to be
19 submitted to the electors of an area encompassing more than
20 one county) and has as its primary purpose the furtherance of
21 governmental, political or social values, is organized on a
22 not-for-profit basis, and which publicly endorses or publicly
23 opposes a candidate or candidates for public office who are
24 required by the Illinois Governmental Ethics Act to file
25 statements of economic interest with the Secretary of State.
26 (Source: P.A. 80-1495.)
27 (10 ILCS 5/9-1.9) (from Ch. 46, par. 9-1.9)
28 Sec. 9-1.9. "Political committee" includes State central
29 and county central committees of any political party, and
30 also includes local political committees and state political
31 committees, but does not include any candidate who does not
32 accept contributions or make expenditures during any 12-month
33 period in an aggregate amount exceeding $3,000 $1,000, nor
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1 does it include, with the exception of State central and
2 county central committees of any political party, any
3 individual, trust, partnership, committee, association,
4 corporation, or any other organization or group of persons
5 which does not accept contributions or make expenditures
6 during any 12-month period in an aggregate amount exceeding
7 $3,000 $1,000 on behalf of or in opposition to a candidate or
8 candidates or to any question of public policy to be
9 submitted to the electors of an area encompassing no more
10 than one county (or $3,000 in support of or in opposition to
11 any question of public policy to be submitted to the electors
12 of an area encompassing more than one county), and such
13 candidates and persons shall not be required to comply with
14 any filing provisions in this Article.
15 (Source: P.A. 80-767.)
16 (10 ILCS 5/9-1.12) (from Ch. 46, par. 9-1.12)
17 Sec. 9-1.12. Anything of value includes all things,
18 services, or goods, regardless of whether they may be valued
19 in monetary terms according to ascertainable market value.
20 Anything of value which does not have an ascertainable market
21 value must may be reported by describing the thing, services,
22 or goods contributed and by using the contributor's certified
23 market value required under Section 9-6.
24 (Source: P.A. 78-1183.)
25 (10 ILCS 5/9-3) (from Ch. 46, par. 9-3)
26 Sec. 9-3. Every state political committee and every
27 local political committee shall file with the State Board of
28 Elections, and every local political committee shall file
29 with the county clerk, a statement of organization within 10
30 business days of the creation of such committee, except any
31 political committee created within the 30 days before an
32 election shall file a statement of organization within 5
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1 business days. A political committee that acts as both a
2 state political committee and a local political committee
3 shall file a copy of each statement of organization with the
4 State Board of Elections and the county clerk.
5 The statement of organization shall include -
6 (a) the name and address of the political committee (the
7 name of the political committee must include the name of any
8 sponsoring entity);
9 (b) the scope, area of activity, party affiliation,
10 candidate affiliation and his county of residence, and
11 purposes of the political committee;
12 (c) the name, address, and position of each custodian of
13 the committee's books and accounts;
14 (d) 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 (e) (Blank);
18 (f) a statement of what specific disposition of residual
19 fund will be made in the event of the dissolution or
20 termination of the committee;
21 (g) 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 (h) the amount of funds available for campaign
25 expenditures as of the filing date of the committee's
26 statement of organization.
27 For purposes of this Section, a "sponsoring entity" is
28 (i) any person, political committee, organization,
29 corporation, or association that contributes at least 33% of
30 the total funding of the political committee or (ii) any
31 person or other entity that is registered or is required to
32 register under the Lobbyist Registration Act and contributes
33 at least 33% of the total funding of the political committee.
34 (Source: P.A. 90-495, eff. 1-1-98.)
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1 (10 ILCS 5/9-6) (from Ch. 46, par. 9-6)
2 Sec. 9-6. Accounting for contributions.
3 (a) Every person who receives a contribution in excess
4 of $20 for a political committee shall, on demand of the
5 treasurer, and in any event within 5 days after receipt of
6 such contribution, render to the treasurer a detailed account
7 thereof, including the amount, the name and address of the
8 person making such contribution, and the date on which it was
9 received.
10 (b) Within 5 business days of contributing goods or
11 services of more than $50 value to a political committee, the
12 contributor shall certify the value of the contribution to
13 the political committee on forms prescribed by the State
14 Board of Elections. The forms shall include the name and
15 address of the contributor, a description and market value of
16 the goods or services, and the date on which the contribution
17 was made.
18 (c) All funds of a political committee shall be
19 segregated from, and may not be commingled with, any personal
20 funds of officers, members, or associates of such committee.
21 (Source: P.A. 78-1183.)
22 (10 ILCS 5/9-7.5 new)
23 Sec. 9-7.5. Nonprofit organization registration and
24 disclosure.
25 (a) Each nonprofit organization, except for a labor
26 union (i) registered under the Lobbyist Registration Act or
27 for which lobbying is undertaken by persons registered under
28 that Act, (ii) that has not established a political
29 committee, and (iii) that accepts contributions or makes
30 expenditures during any 12-month period in an aggregate
31 amount exceeding $5,000 (I) on behalf of or in opposition to
32 public officials, candidates for public office, or a question
33 of public policy and (II) for the purpose of influencing
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1 legislative, executive, or administrative action as defined
2 in the Lobbyist Registration Act shall register with the
3 State Board of Elections. The Board by rule shall prescribe
4 the registration procedure and form. The registration form
5 shall require the following information:
6 (1) The registrant's name, address, and purpose.
7 (2) The name, address, and position of each
8 custodian of the registrant's financial books, accounts,
9 and records.
10 (3) The name, address, and position of each of the
11 registrant's principal officers.
12 (b) Each nonprofit organization required to register
13 under subsection (a) shall file contribution and expenditure
14 reports with the Board. The Board by rule shall prescribe
15 the form, which shall require the following information:
16 (1) The organization's name, address, and purpose.
17 (2) The amount of funds on hand at the beginning of
18 the reporting period.
19 (3) The full name and address of each person who
20 has made one or more contributions to or for the
21 organization within the reporting period in an aggregate
22 amount or value in excess of $150, together with the
23 amount and date of the contributions, and if a
24 contributor is an individual who contributed more than
25 $500, the occupation and employer of the contributor or,
26 if the occupation and employer of the contributor are
27 unknown, a statement that the organization has made a
28 good faith effort to ascertain this information.
29 (4) The total sum of individual contributions made
30 to or for the organization during the reporting period
31 and not reported in item (3).
32 (5) The name and address of each organization and
33 political committee from which the reporting organization
34 received, or to which that organization made, any
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1 transfer of funds in an aggregate amount or value in
2 excess of $150, together with the amounts and dates of
3 the transfers.
4 (6) The total sum of transfers made to or from the
5 organization during the reporting period and not reported
6 in item (5).
7 (7) Each loan to or from any person within the
8 reporting period by or to the organization in an
9 aggregate amount or value in excess of $150, together
10 with the full names and mailing addresses of the lender
11 and endorsers, if any, and the date and amount of the
12 loans, and if a lender or endorser is an individual who
13 loaned or endorsed a loan of more than $500, the
14 occupation and employer of the individual or, if the
15 occupation and employer of the individual are unknown, a
16 statement that the organization has made a good faith
17 effort to ascertain this information.
18 (8) The total amount of proceeds received by the
19 organization from (i) the sale of tickets for each
20 dinner, luncheon, cocktail party, rally, and other
21 fundraising event, (ii) mass collections made at those
22 events, and (iii) sales of items such as buttons, badges,
23 flags, emblems, hats, banners, literature, and similar
24 materials.
25 (9) Each contribution, rebate, refund, or other
26 receipt in excess of $150 received by the organization
27 not otherwise listed under items (3) through (8), and if
28 a contributor is an individual who contributed more than
29 $500, the occupation and employer of the contributor or,
30 if the occupation and employer of the contributor are
31 unknown, a statement that the organization has made a
32 good faith effort to ascertain this information.
33 (10) The total sum of all receipts by or for the
34 organization during the reporting period.
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1 (11) The full name and mailing address of each
2 person to whom expenditures have been made by the
3 organization within the reporting period in an aggregate
4 amount or value in excess of $150, the amount, date, and
5 purpose of each expenditure, and the question of public
6 policy on behalf of which the expenditure was made.
7 (12) The full name and mailing address of each
8 person to whom an expenditure for personal services,
9 salaries, and reimbursed expenses in excess of $150 has
10 been made and which is not otherwise reported, including
11 the amount, date, and purpose of the expenditure.
12 (13) The total sum of expenditures made by the
13 organization during the reporting period.
14 (14) The full name and mailing address of each
15 person to whom the organization owes debts or obligations
16 in excess of $150 and the amount of the debts or
17 obligations.
18 The State Board by rule shall define a "good faith
19 effort".
20 (c) The reports required under subsection (b) shall be
21 filed at the same times and for the same reporting periods as
22 reports of campaign contributions and semi-annual reports of
23 campaign contributions and expenditures required by this
24 Article of political committees. The reports required under
25 subsection (b) shall be available for public inspection and
26 copying in the same manner as reports filed by political
27 committees. The Board may charge a fee that covers the costs
28 of copying and distribution, if any.
29 (d) An organization required to file reports under
30 subsection (b) shall include a statement on all literature
31 and advertisements soliciting funds stating the following:
32 "A copy of our report filed with the State Board of
33 Elections is (or will be) available for purchase from the
34 State Board of Elections, Springfield, Illinois".
HB0672 Enrolled -38- LRB9003586MWpc
1 (10 ILCS 5/9-8.10 new)
2 Sec. 9-8.10. Use of political committee and other
3 reporting organization funds.
4 (a) A political committee, or organization subject to
5 Section 9-7.5, shall not make expenditures:
6 (1) In violation of any law of the United States or
7 of this State.
8 (2) Clearly in excess of the fair market value of
9 the services, materials, facilities, or other things of
10 value received in exchange.
11 (3) For satisfaction or repayment of any debts
12 other than loans made to the committee or to the public
13 official or candidate on behalf of the committee or
14 repayment of goods and services purchased by the
15 committee under a credit agreement. Nothing in this
16 Section authorizes the use of campaign funds to repay
17 personal loans. The repayments shall be made by check
18 written to the person who made the loan or credit
19 agreement. The terms and conditions of any loan or
20 credit agreement to a committee shall be set forth in a
21 written agreement, including but not limited to the
22 method and amount of repayment, that shall be executed by
23 the chairman or treasurer of the committee at the time of
24 the loan or credit agreement. The loan or agreement
25 shall also set forth the rate of interest for the loan,
26 if any, which may not substantially exceed the prevailing
27 market interest rate at the time the agreement is
28 executed.
29 (4) For the satisfaction or repayment of any debts
30 or for the payment of any expenses relating to a personal
31 residence. Campaign funds may not be used as collateral
32 for home mortgages.
33 (5) For clothing or personal laundry expenses,
34 except clothing items rented by the public official or
HB0672 Enrolled -39- LRB9003586MWpc
1 candidate for his or her own use exclusively for a
2 specific campaign-related event, provided that committees
3 may purchase costumes, novelty items, or other
4 accessories worn primarily to advertise the candidacy.
5 (6) For the travel expenses of any person unless
6 the travel is necessary for fulfillment of political,
7 governmental, or public policy duties, activities, or
8 purposes.
9 (7) For membership or club dues charged by
10 organizations, clubs, or facilities that are primarily
11 engaged in providing health, exercise, or recreational
12 services; provided, however, that funds received under
13 this Article may be used to rent the clubs or facilities
14 for a specific campaign-related event.
15 (8) In payment for anything of value or for
16 reimbursement of any expenditure for which any person has
17 been reimbursed by the State or any person. For purposes
18 of this item (8), a per diem allowance is not a
19 reimbursement.
20 (9) For the purchase of or installment payment for
21 a motor vehicle unless the political committee can
22 demonstrate that purchase of a motor vehicle is more
23 cost-effective than leasing a motor vehicle as permitted
24 under this item (9). A political committee may lease or
25 purchase and insure, maintain, and repair a motor vehicle
26 if the vehicle will be used primarily for campaign
27 purposes or for the performance of governmental duties.
28 A committee shall not make expenditures for use of the
29 vehicle for non-campaign or non-governmental purposes.
30 Persons using vehicles not purchased or leased by a
31 political committee may be reimbursed for actual mileage
32 for the use of the vehicle for campaign purposes or for
33 the performance of governmental duties. The mileage
34 reimbursements shall be made at a rate not to exceed the
HB0672 Enrolled -40- LRB9003586MWpc
1 standard mileage rate method for computation of business
2 expenses under the Internal Revenue Code.
3 (10) Directly for an individual's tuition or other
4 educational expenses, except for governmental or
5 political purposes directly related to a candidate's or
6 public official's duties and responsibilities.
7 (11) For payments to a public official or candidate
8 or his or her family member unless for compensation for
9 services actually rendered by that person. The provisions
10 of this item (11) do not apply to expenditures by a
11 political committee in an aggregate amount not exceeding
12 the amount of funds reported to and certified by the
13 State Board or county clerk as available as of June 30,
14 1998, in the semi-annual report of contributions and
15 expenditures filed by the political committee for the
16 period concluding June 30, 1998.
17 (b) The Board shall have the authority to investigate,
18 upon receipt of a verified complaint, violations of the
19 provisions of this Section. The Board may levy a fine on any
20 person who knowingly makes expenditures in violation of this
21 Section and on any person who knowingly makes a malicious and
22 false accusation of a violation of this Section. The Board
23 may act under this subsection only upon the affirmative vote
24 of at least 5 of its members. The fine shall not exceed $500
25 for each expenditure of $500 or less and shall not exceed the
26 amount of the expenditure plus $500 for each expenditure
27 greater than $500. The Board shall also have the authority
28 to render rulings and issue opinions relating to compliance
29 with this Section.
30 (10 ILCS 5/9-8.15 new)
31 Sec. 9-8.15. Contributions on State property.
32 Contributions shall not be knowingly offered or accepted on a
33 face-to-face basis by public officials or employees or by
HB0672 Enrolled -41- LRB9003586MWpc
1 candidates on State property except as provided in this
2 Section.
3 Contributions may be solicited, offered, or accepted on
4 State property on a face-to-face basis by public officials or
5 employees or by candidates at a fundraising event for which
6 the State property is leased or rented.
7 Anyone who knowingly offers or accepts contributions on
8 State property in violation of this Section is guilty of a
9 business offense subject to a fine of $5,000, except that for
10 contributions offered or accepted for State officers and
11 candidates and political committees formed for statewide
12 office, the fine shall not exceed $10,000. For the purpose
13 of this Section, "statewide office" and "State officer" means
14 the Governor, Lieutenant Governor, Attorney General,
15 Secretary of State, Comptroller, and Treasurer.
16 (10 ILCS 5/9-9.5 new)
17 Sec. 9-9.5. Disclosure on political literature. Any
18 pamphlet, circular, handbill, advertisement, or other
19 political literature that supports or opposes any public
20 official, candidate for public office, or question of public
21 policy, or that would have the effect of supporting or
22 opposing any public official, candidate for public office, or
23 question of public policy, shall contain the name of the
24 individual or organization that authorized, caused to be
25 authorized, paid for, caused to be paid for, or distributed
26 the pamphlet, circular, handbill, advertisement, or other
27 political literature. If the individual or organization
28 includes an address, it must be an actual personal or
29 business address of the individual or business address of the
30 organization.
31 This Section does not apply to items, the size of which
32 is not sufficient to contain the required disclosure.
HB0672 Enrolled -42- LRB9003586MWpc
1 (10 ILCS 5/9-10) (from Ch. 46, par. 9-10)
2 Sec. 9-10. Financial reports.
3 (a) The treasurer of every state political committee and
4 the treasurer of every local political committee shall file
5 with the Board, and the treasurer of every local political
6 committee shall file with the county clerk, reports of
7 campaign contributions, and semi-annual reports of campaign
8 contributions and expenditures on forms to be prescribed or
9 approved by the Board. The treasurer of every political
10 committee that acts as both a state political committee and a
11 local political committee shall file a copy of each report
12 with the State Board of Elections and the county clerk.
13 Entities subject to Section 9-7.5 shall file reports required
14 by that Section at times provided in this Section and are
15 subject to the penalties provided in this Section.
16 (b) Reports of campaign contributions shall be filed no
17 later than the 15th day next preceding each election
18 including a primary election in connection with which the
19 political committee has accepted or is accepting
20 contributions or has made or is making expenditures. Such
21 reports shall be complete as of the 30th day next preceding
22 each election including a primary election. The Board shall
23 assess a civil penalty not to exceed $5,000 for a violation
24 of this subsection, except that for State officers and
25 candidates and political committees formed for statewide
26 office, the civil penalty may not exceed $10,000. The fine,
27 however, shall not exceed $500 for a first filing violation
28 for filing less than 10 days after the deadline. There shall
29 be no fine if the report is mailed and postmarked at least 72
30 hours prior to the filing deadline. For the purpose of this
31 subsection, "statewide office" and "State officer" means the
32 Governor, Lieutenant Governor, Attorney General, Secretary of
33 State, Comptroller, and Treasurer, except that any
34 contribution of $500 or more received in the interim between
HB0672 Enrolled -43- LRB9003586MWpc
1 the last date of the period covered by the last report filed
2 prior to the election and the date of the election shall be
3 reported within 2 business days after its receipt. However,
4 a continuing political committee that neither accepts
5 contributions nor makes expenditures on behalf of or in
6 opposition to any candidate or public question on the ballot
7 at an election shall not be required to file the reports
8 heretofore prescribed but may file in lieu thereof a
9 Statement of Nonparticipation in the Election with the Board
10 or the Board and the county clerk.
11 (b-5) Notwithstanding the provisions of subsection (b),
12 any contribution of $500 or more received in the interim
13 between the last date of the period covered by the last
14 report filed under subsection (b) prior to the election and
15 the date of the election shall be reported within 2 business
16 days after its receipt. The State Board shall allow filings
17 under this subsection (b-5) to be made by facsimile
18 transmission. For the purpose of this subsection, a
19 contribution is considered received on the date the public
20 official, candidate, or political committee (or equivalent
21 person in the case of a reporting entity other than a
22 political committee) actually receives it or, in the case of
23 goods or services, 2 days after the date the public official,
24 candidate, committee, or other reporting entity receives the
25 certification required under subsection (b) of Section 9-6.
26 Failure to report each contribution is a separate violation
27 of this subsection. The Board shall impose fines for
28 violations of this subsection as follows:
29 (1) if the political committee's or other reporting
30 entity's total receipts, total expenditures, and balance
31 remaining at the end of the last reporting period were
32 each $5,000 or less, then $100 per business day for the
33 first violation, $200 per business day for the second
34 violation, and $300 per business day for the third and
HB0672 Enrolled -44- LRB9003586MWpc
1 subsequent violations.
2 (2) if the political committee's or other reporting
3 entity's total receipts, total expenditures, and balance
4 remaining at the end of the last reporting period were
5 each more than $5,000, then $200 per business day for the
6 first violation, $400 per business day for the second
7 violation, and $600 per business day for the third and
8 subsequent violations.
9 (c) In addition to such reports the treasurer of every
10 political committee shall file semi-annual reports of
11 campaign contributions and expenditures no later than July
12 31st, covering the period from January 1st through June 30th
13 immediately preceding, and no later than January 31st,
14 covering the period from July 1st through December 31st of
15 the preceding calendar year. Reports of contributions and
16 expenditures must be filed to cover the prescribed time
17 periods even though no contributions or expenditures may have
18 been received or made during the period. The Board shall
19 assess a civil penalty not to exceed $5,000 for a violation
20 of this subsection, except that for State officers and
21 candidates and political committees formed for statewide
22 office, the civil penalty may not exceed $10,000. The fine,
23 however, shall not exceed $500 for a first filing violation
24 for filing less than 10 days after the deadline. There shall
25 be no fine if the report is mailed and postmarked at least 72
26 hours prior to the filing deadline. For the purpose of this
27 subsection, "statewide office" and "State officer" means the
28 Governor, Lieutenant Governor, Attorney General, Secretary of
29 State, Comptroller, and Treasurer.
30 (d) A copy of each report or statement filed under this
31 Article shall be preserved by the person filing it for a
32 period of two years from the date of filing.
33 (Source: P.A. 86-873.)
HB0672 Enrolled -45- LRB9003586MWpc
1 (10 ILCS 5/9-11) (from Ch. 46, par. 9-11)
2 Sec. 9-11. Each report of campaign contributions under
3 Section 9-10 shall disclose-
4 (1) the name and address of the political committee;
5 (2) (Blank);
6 (3) the amount of funds on hand at the beginning of the
7 reporting period;
8 (4) the full name and mailing address of each person who
9 has made one or more contributions to or for such committee
10 within the reporting period in an aggregate amount or value
11 in excess of $150, together with the amount and date of such
12 contributions, and if a contributor is an individual who
13 contributed more than $500, the occupation and employer of
14 the contributor or, if the occupation and employer of the
15 contributor are unknown, a statement that the committee has
16 made a good faith effort to ascertain this information;
17 (5) the total sum of individual contributions made to or
18 for such committee during the reporting period and not
19 reported under item (4);
20 (6) the name and address of each political committee
21 from which the reporting committee received, or to which that
22 committee made, any transfer of funds, in any aggregate
23 amount or value in excess of $150, together with the amounts
24 and dates of all transfers;
25 (7) the total sum of transfers made to or from such
26 committee during the reporting period and not reported under
27 item (6);
28 (8) each loan to or from any person within the reporting
29 period by or to such committee in an aggregate amount or
30 value in excess of $150, together with the full names and
31 mailing addresses of the lender and endorsers, if any, and
32 the date and amount of such loans, and if a lender or
33 endorser is an individual who loaned or endorsed a loan of
34 more than $500, the occupation and employer of that
HB0672 Enrolled -46- LRB9003586MWpc
1 individual, or if the occupation and employer of the
2 individual are unknown, a statement that the committee has
3 made a good faith effort to ascertain this information;
4 (9) the total amount of proceeds received by such
5 committee from (a) the sale of tickets for each dinner,
6 luncheon, cocktail party, rally, and other fund-raising
7 events; (b) mass collections made at such events; and (c)
8 sales of items such as political campaign pins, buttons,
9 badges, flags, emblems, hats, banners, literature, and
10 similar materials;
11 (10) each contribution, rebate, refund, or other receipt
12 in excess of $150 received by such committee not otherwise
13 listed under items (4) through (9), and if a contributor is
14 an individual who contributed more than $500, the occupation
15 and employer of the contributor or, if the occupation and
16 employer of the contributor are unknown, a statement that the
17 committee has made a good faith effort to ascertain this
18 information;
19 (11) the total sum of all receipts by or for such
20 committee or candidate during the reporting period.
21 The Board shall by rule define a "good faith effort".
22 The reports of campaign contributions filed under this
23 Article shall be cumulative during the reporting period to
24 which they relate.
25 (Source: P.A. 90-495, eff. 1-1-98.)
26 (10 ILCS 5/9-12) (from Ch. 46, par. 9-12)
27 Sec. 9-12. Each report of campaign contributions
28 required by Section 9-10 of this Article to be filed with the
29 Board or the Board and the county clerk shall be verified,
30 dated, and signed by either the treasurer of the political
31 committee making the report or the candidate on whose behalf
32 the report is made, and shall contain substantially the
33 following:
HB0672 Enrolled -47- LRB9003586MWpc
1 REPORT OF CAMPAIGN CONTRIBUTIONS
2 (1) name and address of the political committee:
3 .............................................................
4 (2) the date of the beginning of the reporting period, and
5 the amount of funds on hand at the beginning of the reporting
6 period:
7 .............................................................
8 (3) the full name and mailing address of each person who has
9 made one or more contributions to or for the committee within
10 the reporting period in an aggregate amount or value in
11 excess of $150, together with the amount and date of such
12 contributions, and if a contributor is an individual who
13 contributed more than $500, the occupation and employer of
14 each contributor or, if the occupation and employer of the
15 contributor are unknown, a statement that the committee has
16 made a good faith effort to ascertain this information:
17 name address amount date occupation employer
18 .... ....... ...... .... .......... ........
19 .... ....... ...... .... .......... ........
20 .... ....... ...... .... .......... ........
21 .... ....... ...... .... .......... ........
22 .... ....... ...... .... .......... ........
23 (4) the total sum of individual contributions made to or for
24 the committee during the reporting period and not reported
25 under item (3) -
26 .............................................................
27 (5) the name and address of each political committee from
28 which the reporting committee received, or to which that
29 committee made, any transfer of funds, in an aggregate amount
30 or value in excess of $150, together with the amounts and
31 dates of all transfers:
32 name address amount date
33 .......... .......... .......... ..........
34 .......... .......... .......... ..........
HB0672 Enrolled -48- LRB9003586MWpc
1 .......... .......... .......... ..........
2 (6) the total sum of transfers made to or from such
3 committee during the reporting period and not under item (5):
4 .............................................................
5 (7) each loan to or from any person within the reporting
6 period by or to the committee in an aggregate amount or value
7 in excess of $150, together with the full names and mailing
8 addresses of the lender and endorsers, if any, and the date
9 and amount of such loans, and if a lender or endorser is an
10 individual who loaned or endorsed a loan of more than $500,
11 the occupation and employer of each person making the loan,
12 or if the occupation and employer of the individual are
13 unknown, a statement that the committee has made a good faith
14 effort to ascertain this information:
15 (8) the total amount of proceeds received by the committee
16 from (a) the sale of tickets for each dinner, luncheon,
17 cocktail party, rally, and other fund-raising events; (b)
18 mass collections made at such events; and (c) sales of items
19 such as political campaign pins, buttons, badges, flags,
20 emblems, hats, banners, literature, and similar materials:
21 (a)..........................................................
22 (b)..........................................................
23 (c)..........................................................
24 (9) each contribution, rebate, refund, or other receipt in
25 excess of $150 received by the committee not otherwise listed
26 under items (3) through (8), and if the contributor is an
27 individual who contributed more than $500, the occupation and
28 employer of each contributor or, if the occupation and
29 employer of the contributor are unknown, a statement that the
30 committee has made a good faith effort to ascertain this
31 information:
32 name address amount date occupation employer
33 .... ....... ...... .... .......... ........
34 .... ....... ...... .... .......... ........
HB0672 Enrolled -49- LRB9003586MWpc
1 (10) the total sum of all receipts by or for the committee
2 during the reporting period:
3 .............................................................
4 VERIFICATION:
5 "I declare that this report of campaign contributions
6 (including any accompanying schedules and statements) has
7 been examined by me and to the best of my knowledge and
8 belief is a true, correct and complete report as required by
9 Article 9 of The Election Code. I understand that the penalty
10 for willfully filing a false or incomplete statement is a
11 business offense subject to a fine of up to $5,000 shall be a
12 fine not to exceed $500 or imprisonment in a penal
13 institution other than the penitentiary not to exceed 6
14 months, or both fine and imprisonment."
15 .............................................................
16 (date of filing) (signature of person making the report)
17 (Source: P.A. 90-495, eff. 1-1-98.)
18 (10 ILCS 5/9-13) (from Ch. 46, par. 9-13)
19 Sec. 9-13. Each semi-annual report of campaign
20 contributions and expenditures under Section 9-10 shall
21 disclose-
22 (1) the name and address of the political committee;
23 (2) (Blank);
24 (3) the amount of funds on hand at the beginning of the
25 reporting period;
26 (4) the full name and mailing address of each person who
27 has made one or more contributions to or for such committee
28 within the reporting period in an aggregate amount or value
29 in excess of $150, together with the amount and date of such
30 contributions, and if the contributor is an individual who
31 contributed more than $500, the occupation and employer of
32 the contributor or, if the occupation and employer of the
33 contributor are unknown, a statement that the committee has
HB0672 Enrolled -50- LRB9003586MWpc
1 made a good faith effort to ascertain this information;
2 (5) the total sum of individual contributions made to or
3 for such committee during the reporting period and not
4 reported under item (4);
5 (6) the name and address of each political committee
6 from which the reporting committee received, or to which that
7 committee made, any transfer of funds, in the aggregate
8 amount or value in excess of $150, together with the amounts
9 and dates of all transfers;
10 (7) the total sum of transfers made to or from such
11 committee during the reporting period and not reported under
12 item (6);
13 (8) each loan to or from any person within the reporting
14 period by or to such committee in an aggregate amount or
15 value in excess of $150, together with the full names and
16 mailing addresses of the lender and endorsers, if any, and
17 the date and amount of such loans, and if a lender or
18 endorser is an individual who loaned or endorsed a loan of
19 more than $500, the occupation and employer of that
20 individual, or if the occupation and employer of the
21 individual are unknown, a statement that the committee has
22 made a good faith effort to ascertain this information;
23 (9) the total amount of proceeds received by such
24 committee from (a) the sale of tickets for each dinner,
25 luncheon, cocktail party, rally, and other fund-raising
26 events; (b) mass collections made at such events; and (c)
27 sales of items such as political campaign pins, buttons,
28 badges, flags, emblems, hats, banners, literature, and
29 similar materials;
30 (10) each contribution, rebate, refund, or other receipt
31 in excess of $150 received by such committee not otherwise
32 listed under items (4) through (9), and if the contributor is
33 an individual who contributed more than $500, the occupation
34 and employer of the contributor or, if the occupation and
HB0672 Enrolled -51- LRB9003586MWpc
1 employer of the contributor are unknown, a statement that the
2 committee has made a good faith effort to ascertain this
3 information;
4 (11) the total sum of all receipts by or for such
5 committee or candidate during the reporting period;
6 (12) the full name and mailing address of each person to
7 whom expenditures have been made by such committee or
8 candidate within the reporting period in an aggregate amount
9 or value in excess of $150, the amount, date, and purpose of
10 each such expenditure and the question of public policy or
11 the name and address of, and office sought by, each candidate
12 on whose behalf such expenditure was made;
13 (13) the full name and mailing address of each person to
14 whom an expenditure for personal services, salaries, and
15 reimbursed expenses in excess of $150 has been made, and
16 which is not otherwise reported, including the amount, date,
17 and purpose of such expenditure;
18 (14) the total sum of expenditures made by such
19 committee during the reporting period;
20 (15) the full name and mailing address of each person to
21 whom the committee owes debts or obligations in excess of
22 $150, and the amount of such debts or obligations.
23 The Board shall by rule define a "good faith effort".
24 (Source: P.A. 90-495, eff. 1-1-98.)
25 (10 ILCS 5/9-14) (from Ch. 46, par. 9-14)
26 Sec. 9-14. Each semi-annual report of campaign
27 contributions and expenditures required by Section 9-10 of
28 this Article to be filed with the Board or the Board and the
29 county clerk shall be verified, dated, and signed by either
30 the treasurer of the political committee making the report or
31 the candidate on whose behalf the report is made, and shall
32 contain substantially the following:
33 SEMI-ANNUAL REPORT OF CAMPAIGN
HB0672 Enrolled -52- LRB9003586MWpc
1 CONTRIBUTIONS AND EXPENDITURES
2 (1) name and address of the political committee:
3 .............................................................
4 (2) the date of the beginning of the reporting period, and
5 the amount of funds on hand at the beginning of the reporting
6 period;
7 .............................................................
8 (3) the full name and mailing address of each person who has
9 made one or more contributions to or for the committee within
10 the reporting period in an aggregate amount or value in
11 excess of $150, together with the amount and date of such
12 contributions, and if a contributor is an individual who
13 contributed more than $500, the occupation and employer of
14 each contributor or, if the occupation and employer of the
15 contributor are unknown, a statement that the committee has
16 made a good faith effort to ascertain this information:
17 name address amount date occupation employer
18 .... ....... ...... .... .......... ........
19 .... ....... ...... .... .......... ........
20 .... ....... ...... .... .......... ........
21 .... ....... ...... .... .......... ........
22 .... ....... ...... .... .......... ........
23 (4) the total sum of individual contributions made to or for
24 the committee during the reporting period and not reported
25 under item--(3):
26 .............................................................
27 (5) the name and address of each political committee from
28 which the reporting committee received, or to which that
29 committee made, any transfer of funds, in an aggregate amount
30 or value in excess of $150, together with the amounts and
31 dates of all transfers:
32 name address amount date
33 .......... .......... .......... ..........
34 .......... .......... .......... ..........
HB0672 Enrolled -53- LRB9003586MWpc
1 .......... .......... .......... ..........
2 (6) the total sum of transfers made to or from such
3 committee during the reporting period and not reported under
4 item (5);
5 (7) each loan to or from any person within the reporting
6 period by or to the committee in an aggregate amount or value
7 in excess of $150, together with the full names and mailing
8 addresses of the lender and endorsers, if any, and the date
9 and amount of such loans, and if a lender or endorser is an
10 individual who loaned or endorsed a loan of more than $500,
11 the occupation and employer of each person making the loan,
12 or if the occupation and employer of the individual are
13 unknown, a statement that the committee has made a good faith
14 effort to ascertain this information:
15 name address amount date endorsers occupation employer
16 .... ....... ...... .... ......... .......... ........
17 .... ....... ...... .... ......... .......... ........
18 .... ....... ...... .... ......... .......... ........
19 (8) the total amount of proceeds received by the committee
20 from (a) the sale of tickets for each dinner, luncheon,
21 cocktail party, rally, and other fund-raising events; (b)
22 mass collections made at such events; and (c) sales of items
23 such as political campaign pins, buttons, badges, flags,
24 emblems, hats, banners, literature, and similar materials:
25 (a)..........................................................
26 (b)..........................................................
27 (c)..........................................................
28 (9) each contribution, rebate, refund, or other receipt in
29 excess of $150 received by the committee not otherwise listed
30 under items (3) through (8), and if a contributor is an
31 individual who contributed more than $500, the occupation and
32 employer of each contributor or, if the occupation and
33 employer of the contributor are unknown, a statement that the
34 committee has made a good faith effort to ascertain this
HB0672 Enrolled -54- LRB9003586MWpc
1 information:
2 name address amount date endorsers occupation employer
3 .... ....... ...... .... ......... .......... ........
4 .... ....... ...... .... ......... .......... ........
5 .... ....... ...... .... ......... .......... ........
6 (10) the total sum of all receipts by or for the committee
7 during the reporting period:
8 .............................................................
9 (11) the full name and mailing address of each person to
10 whom expenditures have been made by the committee within the
11 reporting period in an aggregate amount or value in excess of
12 $150, the amount, date, and purpose of each such expenditure,
13 and the question of public policy or the name and address of,
14 and office sought by, each candidate on whose behalf the
15 expenditure was made:
16 name address amount date purpose beneficiary
17 .......... ....... ...... .... ....... ...........
18 .......... ....... ...... .... ....... ...........
19 .......... ....... ...... .... ....... ...........
20 .......... ....... ...... .... ....... ...........
21 .......... ....... ...... .... ....... ...........
22 (12) the full name and mailing address of each person to
23 whom an expenditure for personal services, salaries, and
24 reimbursed expenses in excess of $150 has been made, and
25 which is not otherwise reported, including the amount, date,
26 and purpose of such expenditure:
27 name address amount date purpose
28 .......... .......... ........ ........ ..........
29 .......... .......... ........ ........ ..........
30 .......... .......... ........ ........ ..........
31 (13) the total sum of expenditures made by the committee
32 during the reporting period;
33 .............................................................
34 (14) the full name and mailing address of each person to
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1 whom the committee owes debts or obligations in excess of
2 $150, and the amount of such debts or obligations:
3 .............................................................
4 .............................................................
5 VERIFICATION:
6 "I declare that this semi-annual report of campaign
7 contributions and expenditures (including any accompanying
8 schedules and statements) has been examined by me and to the
9 best of my knowledge and belief is a true, correct and
10 complete report as required by Article 9 of The Election
11 Code. I understand that the penalty for willfully filing a
12 false or incomplete report is a business offense subject to a
13 fine of up to $5,000 shall be a fine not to exceed $500 or
14 imprisonment in a penal institution other than the
15 penitentiary not to exceed 6 months, or both fine and
16 imprisonment."
17 ................ .......................................
18 (date of filing) (signature of person making the report)
19 (Source: P.A. 90-495, eff. 1-1-98.)
20 (10 ILCS 5/9-23) (from Ch. 46, par. 9-23)
21 Sec. 9-23. Whenever the Board, pursuant to Section 9-21,
22 has issued an order, or has approved a written stipulation,
23 agreed settlement or consent order, directing a person
24 determined by the Board to be in violation of any provision
25 of this Article or any regulation adopted thereunder, to
26 cease or correct such violation or otherwise comply with this
27 Article and such person fails or refuses to comply with such
28 order, stipulation, settlement or consent order within the
29 time specified by the Board, the Board, after affording
30 notice and an opportunity for a public hearing, may impose a
31 civil penalty on such person in an amount not to exceed
32 $5,000; except that for State officers and candidates and
33 political committees formed for statewide office, the civil
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1 penalty may not exceed $10,000. For the purpose of this
2 Section, "statewide office" and "State officer" means the
3 Governor, Lieutenant Governor, Attorney General, Secretary of
4 State, Comptroller, and Treasurer $1,000.
5 Civil penalties imposed on any such person by the Board
6 shall be enforceable in the Circuit Court. The Board shall
7 petition the Court for an order to enforce collection of the
8 penalty and, if the Court finds it has jurisdiction over the
9 person against whom the penalty was imposed, the Court shall
10 issue the appropriate order. Any civil penalties collected
11 by the Court shall be forwarded to the State Treasurer.
12 In addition to or in lieu of the imposition of a civil
13 penalty, the board may report such violation and the failure
14 or refusal to comply with the order of the Board to the
15 Attorney General and the appropriate State's Attorney.
16 The name of a person who has not paid a civil penalty
17 imposed against him or her under this Section shall not
18 appear upon any ballot for any office in any election while
19 the penalty is unpaid.
20 (Source: P.A. 83-540.)
21 (10 ILCS 5/9-26) (from Ch. 46, par. 9-26)
22 Sec. 9-26. Willful failure to file or willful filing of
23 false or incomplete information required by this Article
24 shall constitute a business offense subject to a fine of up
25 to $5,000 Class B misdemeanor.
26 Willful filing of a false complaint under this Article
27 shall constitute a Class B misdemeanor.
28 A prosecution for any offense designated by this Article
29 shall be commenced no later than 18 months after the
30 commission of the offense.
31 The appropriate State's Attorney or the Attorney General
32 shall bring such actions in the name of the people of the
33 State of Illinois.
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1 (Source: P.A. 78-1183.)
2 (10 ILCS 5/9-27.5 new)
3 Sec. 9-27.5. Fundraising in or within 50 miles of
4 Springfield. Except as provided in this Section, any
5 executive branch constitutional officer, any candidate for an
6 executive branch constitutional office, any member of the
7 General Assembly, any candidate for the General Assembly, any
8 political caucus of the General Assembly, or any political
9 committee on behalf of any of the foregoing may not hold a
10 fundraising function in or within 50 miles of Springfield on
11 any day the legislature is in session (i) during the period
12 beginning 90 days before the later of the dates scheduled by
13 either house of the General Assembly for the adjournment of
14 the spring session and ending on the later of the actual
15 adjournment dates of either house of the spring session and
16 (ii) during fall veto session. For purposes of this Section,
17 the legislature is not considered to be in session on a day
18 that is solely a perfunctory session day or on a day when
19 only a committee is meeting.
20 This Section does not apply to members and political
21 committees of members of the General Assembly whose districts
22 are located, in whole or in part, in or within 50 miles of
23 Springfield and candidates and political committees of
24 candidates for the General Assembly from districts located,
25 in whole or in part, in or within 50 miles of Springfield,
26 provided that the fundraising function takes place within the
27 member's or candidate's district.
28 (10 ILCS 5/9-28)
29 Sec. 9-28. Electronic filing and availability. The
30 Board shall may by rule provide for the optional electronic
31 filing of expenditure and contribution reports as follows:.
32 Beginning July 1, 1999, or as soon thereafter as the
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1 Board has provided adequate software to the political
2 committee, electronic filing is required for all political
3 committees that during the reporting period (i) had at any
4 time a balance or an accumulation of contributions of $25,000
5 or more, (ii) made aggregate expenditures of $25,000 or more,
6 or (iii) received loans of an aggregate of $25,000 or more.
7 Beginning July 1, 2003, electronic filing is required for
8 all political committees that during the reporting period (i)
9 had at any time a balance or an accumulation of contributions
10 of $10,000 or more, (ii) made aggregate expenditures of
11 $10,000 or more, or (iii) received loans of an aggregate of
12 $10,000 or more.
13 The Board may provide by rule for the optional electronic
14 filing of expenditure and contribution reports for all other
15 political committees. The Board shall promptly make all
16 reports filed under this Article by all political committees
17 publicly available by means of a searchable database that is
18 accessible through the World Wide Web.
19 The Board shall provide all software necessary to comply
20 with this Section to candidates, public officials, political
21 committees, and election authorities.
22 The Board shall implement a plan to provide computer
23 access and assistance to candidates, public officials,
24 political committees, and election authorities with respect
25 to electronic filings required under this Article.
26 For the purposes of this Section, "political committees"
27 includes entities required to report to the Board under
28 Section 9-7.5.
29 (Source: P.A. 90-495, eff. 8-18-97.)
30 (10 ILCS 5/29-14 rep.)
31 Section 225. The Election Code is amended by repealing
32 Section 29-14.
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1 Section 230. The Lobbyist Registration Act is amended by
2 adding Section 6.5 as follows:
3 (25 ILCS 170/6.5 new)
4 Sec. 6.5. Response to report by official.
5 (a) Every person required to register as prescribed in
6 Section 3 and required to file a report with the Secretary of
7 State as prescribed in Section 6 shall, at least 25 days
8 before the deadline for filing the report, provide a copy of
9 the report to each official listed in the report by first
10 class mail or hand delivery. An official may, within 10 days
11 after receiving the copy of the report, provide written
12 objections to the report by first class mail or hand delivery
13 to the person required to file the report. If those written
14 objections conflict with the final report that is filed, the
15 written objections shall be filed along with the report.
16 (b) Failure to provide a copy of the report to an
17 official listed in the report within the time designated in
18 this Section is a violation of this Act.
19 Section 985. The State Mandates Act is amended by adding
20 Section 8.22 as follows:
21 (30 ILCS 805/8.22 new)
22 Sec. 8.22. Exempt mandate. Notwithstanding Sections 6
23 and 8 of this Act, no reimbursement by the State is required
24 for the implementation of any mandate created by this
25 amendatory Act of 1998.
26 Section 990. Severability. The provisions of this Act
27 are severable under Section 1.31 of the Statute on Statutes.
28 Section 999. Effective date. This Act takes effect
29 January 1, 1999.