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[ Senate Amendment 001 ] |
90_HB0672eng 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. LRB9003586MWpc HB0672 Engrossed LRB9003586MWpc 1 AN ACT relating to campaign finance disclosure. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Illinois Governmental Ethics Act is 5 amended by changing Section 4A-106 as follows: 6 (5 ILCS 420/4A-106) (from Ch. 127, par. 604A-106) 7 Sec. 4A-106. The statements of economic interests 8 required of persons listed in items (a) through (f) and item 9 (j) of Section 4A-101 shall be filed with the Secretary of 10 State. The statements of economic interests required of 11 persons listed in items (g), (h), (i), (k), and (l) of 12 Section 4A-101 shall be filed with the county clerk of the 13 county in which the principal office of the unit of local 14 government with which the person is associated is located. 15 If it is not apparent which county the principal office of a 16 unit of local government is located, the chief administrative 17 officer, or his or her designee, has the authority, for 18 purposes of this Act, to determine the county in which the 19 principal office is located. On or before February 1 20 annually, (1) the chief administrative officer of any State 21 agency in the executive, legislative, or judicial branch 22 employing persons required to file under item (f) of Section 23 4A-101 shall certify to the Secretary of State the names and 24 mailing addresses of those persons, and (2) the chief 25 administrative officer, or his or her designee, of each unit 26 of local government with persons described in items (h), (i) 27 and (k) of Section 4A-101 shall certify to the appropriate 28 county clerk a list of names and addresses of persons 29 described in items (h), (i) and (k) of Section 4A-101 that 30 are required to file. In preparing the lists, each chief 31 administrative officer, or his or her designee, shall set out HB0672 Engrossed -2- LRB9003586MWpc 1 the names in alphabetical order. 2 On or before February 1 annually, the secretary to the 3 board of education for local school councils established 4 pursuant to Section 34-2.1 of the School Code shall certify 5 to the county clerk the names and mailing addresses of those 6 persons described in item (l) of Section 4A-101. 7 On or before April 1 annually, the Secretary of State 8 shall notify (1) all persons whose names have been certified 9 to him under item (f) of Section 4A-101, and (2) all persons 10 described in items (a) through (e) and item (j) of Section 11 4A-101, other than candidates for office who have filed their 12 statements with their nominating petitions, of the 13 requirements for filing statements of economic interests. 14 On or before April 1 annually, the county clerk of each 15 county shall notify all persons whose names have been 16 certified to him under items (g), (h), (i), (k), and (l) of 17 Section 4A-101, other than candidates for office who have 18 filed their statements with their nominating petitions, of 19 the requirements for filing statements of economic interests. 20 Except as provided in Section 4A-106.1, the notices 21 provided for in this Section shall be in writing and 22 deposited in the U.S. Mail, properly addressed, first class 23 postage prepaid, on or before the day required by this 24 Section for the sending of the notice. A certificate executed 25 by the Secretary of State or county clerk attesting that he 26 has mailed the notice constitutes prima facie evidence 27 thereof. 28 From the lists certified to him under this Section of 29 persons described in items (g), (h), (i), (k), and (l) of 30 Section 4A-101, the clerk of each county shall compile an 31 alphabetical listing of persons required to file statements 32 of economic interests in his office under any of those items. 33 As the statements are filed in his office, the county clerk 34 shall cause the fact of that filing to be indicated on the HB0672 Engrossed -3- LRB9003586MWpc 1 alphabetical listing of persons who are required to file 2 statements. Within 30 days after the due dates, the county 3 clerk shall mail to the State Board of Elections a true copy 4 of that listing showing those who have filed statements. 5 The county clerk of each county shall note upon the 6 alphabetical listing the names of all persons required to 7 file a statement of economic interests who failed to file a 8 statement on or before May 1. It shall be the duty of the 9 several county clerks to give notice as provided in Section 10 4A-105 to any person who has failed to file his or her 11 statement with the clerk on or before May 1. 12 Any person who files or has filed a statement of economic 13 interest under this Act is entitled to receive from the 14 Secretary of State or county clerk, as the case may be, a 15 receipt indicating that the person has filed such a 16 statement, the date of such filing, and the identity of the 17 governmental unit in relation to which the filing is 18 required. 19 The Secretary of State may employ such employees and 20 consultants as he considers necessary to carry out his duties 21 hereunder, and may prescribe their duties, fix their 22 compensation, and provide for reimbursement of their 23 expenses. 24 All statements of economic interests filed under this 25 Section shall be available for examination and copying by the 26 public at all reasonable times. 27 The Secretary may, by rule, allow for the optional filing 28 of statements of economic interest in an electronic format. 29 In conjunction with the State Board of Elections, the 30 Secretary shall promptly make all reports filed under this 31 Section publicly available by means of a searchable database 32 that is accessible through the World Wide Web.Each person33examining a statement must first fill out a form prepared by34the Secretary of State identifying the examiner by name,HB0672 Engrossed -4- LRB9003586MWpc 1occupation, address and telephone number, and listing the2date of examination and reason for such examination. The3Secretary of State shall supply such forms to the county4clerks annually and replenish such forms upon request.5The Secretary of State or county clerk, as the case may6be, shall promptly notify each person required to file a7statement under this Article of each instance of an8examination of his statement by sending him a duplicate9original of the identification form filled out by the person10examining his statement.11 (Source: P.A. 88-187; 88-511; 88-605, eff. 9-1-94; 89-433, 12 eff. 12-15-95.) 13 Section 10. The Election Code is amended by changing 14 Sections 9-10, 9-11, 9-12, 9-13, 9-14, 9-17, and 9-23 and by 15 adding Section 9-28 as follows: 16 (10 ILCS 5/9-10) (from Ch. 46, par. 9-10) 17 Sec. 9-10. Reports of campaign contributions; 18 semi-annual reports; preservation. 19 (a) The treasurer of every state political committee and 20 the treasurer of every local political committee shall file 21 with the Board, and the treasurer of every local political 22 committee shall file with the county clerk, reports of 23 campaign contributions, and semi-annual reports of campaign 24 contributions and expenditures on forms to be prescribed or 25 approved by the Board. The treasurer of every political 26 committee that acts as both a state political committee and a 27 local political committee shall file a copy of each report 28 with the State Board of Elections and the county clerk. 29 (b) Reports of campaign contributions shall be filed no 30 later than the 15th day next preceding each election 31 including a primary election in connection with which the 32 political committee has accepted or is accepting HB0672 Engrossed -5- LRB9003586MWpc 1 contributions or has made or is making expenditures. Such 2 reports shall be complete as of the 30th day next preceding 3 each election including a primary election, except that any 4 contribution of $500 or more received in the interim between 5 the last date of the period covered by the last report filed 6 prior to the election and the date of the election shall be 7 reported within 2 business days after its receipt. The Board 8 shall assess a civil penalty not to exceed $5,000 for a 9 violation of this subsection (b). However, a continuing 10 political committee that neither accepts contributions nor 11 makes expenditures on behalf of or in opposition to any 12 candidate or public question on the ballot at an election 13 shall not be required to file the reports heretofore 14 prescribed but may file in lieu thereof a Statement of 15 Nonparticipation in the Election with the Board or the Board 16 and the county clerk. 17 (c) In addition to such reports the treasurer of every 18 political committee shall file semi-annual reports of 19 campaign contributions and expenditures no later than July 20 31st, covering the period from January 1st through June 30th 21 immediately preceding, and no later than January 31st, 22 covering the period from July 1st through December 31st of 23 the preceding calendar year. Reports of contributions and 24 expenditures must be filed to cover the prescribed time 25 periods even though no contributions or expenditures may have 26 been received or made during the period. The Board shall 27 assess a civil penalty not to exceed $5,000 for a violation 28 of this subsection (c). 29 (d) A copy of each report or statement filed under this 30 Article shall be preserved by the person filing it for a 31 period of two years from the date of filing. 32 (Source: P.A. 86-873.) 33 (10 ILCS 5/9-11) (from Ch. 46, par. 9-11) HB0672 Engrossed -6- LRB9003586MWpc 1 Sec. 9-11. Each report of campaign contributions under 2 Section 9-10 shall disclose- 3 (1) the name and address of the political committee; 4 (2) the scope, area of activity, party affiliation, 5 candidate affiliation, and purposes of the political 6 committee; 7 (3) the amount of funds on hand at the beginning of the 8 reporting period; 9 (4) the full name and mailing address of each person who 10 has made one or more contributions to or for such committee 11 within the reporting period in an aggregate amount or value 12 in excess of $150, together with the amount and date of such 13 contributions, and if the contributor is an individual, the 14 occupation and employer of the contributor or, if the 15 occupation and employer of the contributor are unknown, a 16 statement that the committee has used best efforts to 17 ascertain this information; 18 (5) the total sum of individual contributions made to or 19 for such committee during the reporting period and not 20 reported under item (4); 21 (6) the name and address of each political committee 22 from which the reporting committee received, or to which that 23 committee made, any transfer of funds, in any aggregate 24 amount or value in excess of $150, together with the amounts 25 and dates of all transfers; 26 (7) the total sum of transfers made to or from such 27 committee during the reporting period and not reported under 28 item (6); 29 (8) each loan to or from any person within the reporting 30 period by or to such committee in an aggregate amount or 31 value in excess of $150, together with the full names and 32 mailing addresses of the lender and endorsers, if any, and 33 the date and amount of such loans, and if a lender or 34 endorser is an individual, the occupation and employer of HB0672 Engrossed -7- LRB9003586MWpc 1 that individual; 2 (9) the total amount of proceeds received by such 3 committee from (a) the sale of tickets for each dinner, 4 luncheon, cocktail party, rally, and other fund-raising 5 events; (b) mass collections made at such events; and (c) 6 sales of items such as political campaign pins, buttons, 7 badges, flags, emblems, hats, banners, literature, and 8 similar materials; 9 (10) each contribution, rebate, refund, or other receipt 10 in excess of $150 received by such committee not otherwise 11 listed under items (4) through (9), and if the contributor is 12 an individual, the occupation and employer of the contributor 13 or, if the occupation and employer of the contributor are 14 unknown, a statement that the committee has used best efforts 15 to ascertain this information; 16 (11) the total sum of all receipts by or for such 17 committee or candidate during the reporting period. 18 The Board shall by rule define "best efforts". 19 The reports of campaign contributions filed under this 20 Article shall be cumulative during the reporting period to 21 which they relate, but where there has been no change in an 22 item reported in a previous report during such year, only the 23 amount need be carried forward. 24 (Source: P.A. 86-873.) 25 (10 ILCS 5/9-12) (from Ch. 46, par. 9-12) 26 Sec. 9-12. Each report of campaign contributions 27 required by Section 9-10 of this Article to be filed with the 28 Board or the Board and the county clerk shall be verified, 29 dated, and signed by either the treasurer of the political 30 committee making the report or the candidate on whose behalf 31 the report is made, and shall contain substantially the 32 following: 33 REPORT OF CAMPAIGN CONTRIBUTIONS HB0672 Engrossed -8- LRB9003586MWpc 1 (1) name and address of the political committee: 2 ............................................................. 3 (2) scope, area of activity, party affiliation, candidate 4 affiliation, and purposes of the political committee: 5 ............................................................. 6 ............................................................. 7 ............................................................. 8 ............................................................. 9 (3) the date of the beginning of the reporting period, and 10 the amount of funds on hand at the beginning of the reporting 11 period: 12 ............................................................. 13 (4) the full name and mailing address of each person who has 14 made one or more contributions to or for the committee within 15 the reporting period in an aggregate amount or value in 16 excess of $150, together with the amount and date of such 17 contributions, and if the person is an individual, the 18 occupation and employer of each contributor or, if the 19 occupation and employer of the contributor are unknown, a 20 statement that the committee has used best efforts to 21 ascertain this information: 22 name address amount date occupation employer 23 .... ....... ...... .... .......... ........ 24 .... ....... ...... .... .......... ........ 25 .... ....... ...... .... .......... ........ 26 .... ....... ...... .... .......... ........ 27 .... ....... ...... .... .......... ........ 28 (5) the total sum of individual contributions made to or for 29 the committee during the reporting period and not reported 30 under item (4) - 31 ............................................................. 32 (6) the name and address of each political committee from 33 which the reporting committee received, or to which that 34 committee made, any transfer of funds, in an aggregate amount HB0672 Engrossed -9- LRB9003586MWpc 1 or value in excess of $150, together with the amounts and 2 dates of all transfers: 3 name address amount date 4 .......... .......... .......... .......... 5 .......... .......... .......... .......... 6 .......... .......... .......... .......... 7 (7) the total sum of transfers made to or from such 8 committee during the reporting period and not under item (6): 9 ............................................................. 10 (8) each loan to or from any person within the reporting 11 period by or to the committee in an aggregate amount or value 12 in excess of $150, together with the full names and mailing 13 addresses of the lender and endorsers, if any, and the date 14 and amount of such loans, and if the person is an individual, 15 the occupation and employer of each person making the loan: 16 (9) the total amount of proceeds received by the committee 17 from (a) the sale of tickets for each dinner, luncheon, 18 cocktail party, rally, and other fund-raising events; (b) 19 mass collections made at such events; and (c) sales of items 20 such as political campaign pins, buttons, badges, flags, 21 emblems, hats, banners, literature, and similar materials: 22 (a).......................................................... 23 (b).......................................................... 24 (c).......................................................... 25 (10) each contribution, rebate, refund, or other receipt in 26 excess of $150 received by the committee not otherwise listed 27 under items (4) through (9), and if the person is an 28 individual, the occupation and employer of each contributor 29 or, if the occupation and employer of the contributor are 30 unknown, a statement that the committee has used best efforts 31 to ascertain this information: 32 name address amount date occupation employer 33 .... ....... ...... .... .......... ........ 34 .... ....... ...... .... .......... ........ HB0672 Engrossed -10- LRB9003586MWpc 1 .... ....... ...... .... .......... ........ 2 .... ....... ...... .... .......... ........ 3 .... ....... ...... .... .......... ........ 4 (11) the total sum of all receipts by or for the committee 5 during the reporting period: 6 ............................................................. 7 VERIFICATION: 8 "I declare that this report of campaign contributions 9 (including any accompanying schedules and statements) has 10 been examined by me and to the best of my knowledge and 11 belief is a true, correct and complete report as required by 12 Article 9 of The Election Code. I understand that the penalty 13 for willfully filing a false or incomplete statement shall be 14 a fine not to exceed $500 or imprisonment in a penal 15 institution other than the penitentiary not to exceed 6 16 months, or both fine and imprisonment." 17 ............................................................. 18 (date of filing) (signature of person making the report) 19 (Source: P.A. 86-873.) 20 (10 ILCS 5/9-13) (from Ch. 46, par. 9-13) 21 Sec. 9-13. Each semi-annual report of campaign 22 contributions and expenditures under Section 9-10 shall 23 disclose- 24 (1) the name and address of the political committee; 25 (2) the scope, area of activity, party affiliation, 26 candidate affiliation, and purposes of the political 27 committee; 28 (3) the amount of funds on hand at the beginning of the 29 reporting period; 30 (4) the full name and mailing address of each person who 31 has made one or more contributions to or for such committee 32 within the reporting period in an aggregate amount or value 33 in excess of $150, together with the amount and date of such HB0672 Engrossed -11- LRB9003586MWpc 1 contributions, and if the contributor is an individual, the 2 occupation and employer of the contributor or, if the 3 occupation and employer of the contributor are unknown, a 4 statement that the committee has used best efforts to 5 ascertain this information; 6 (5) the total sum of individual contributions made to or 7 for such committee during the reporting period and not 8 reported under item (4); 9 (6) the name and address of each political committee 10 from which the reporting committee received, or to which that 11 committee made, any transfer of funds, in the aggregate 12 amount or value in excess of $150, together with the amounts 13 and dates of all transfers; 14 (7) the total sum of transfers made to or from such 15 committee during the reporting period and not reported under 16 item (6); 17 (8) each loan to or from any person within the reporting 18 period by or to such committee in an aggregate amount or 19 value in excess of $150, together with the full names and 20 mailing addresses of the lender and endorsers, if any, and 21 the date and amount of such loans and if a lender or endorser 22 is an individual, the occupation and employer of that 23 individual; 24 (9) the total amount of proceeds received by such 25 committee from (a) the sale of tickets for each dinner, 26 luncheon, cocktail party, rally, and other fund-raising 27 events; (b) mass collections made at such events; and (c) 28 sales of items such as political campaign pins, buttons, 29 badges, flags, emblems, hats, banners, literature, and 30 similar materials; 31 (10) each contribution, rebate, refund, or other receipt 32 in excess of $150 received by such committee not otherwise 33 listed under items (4) through (9); 34 (11) the total sum of all receipts by or for such HB0672 Engrossed -12- LRB9003586MWpc 1 committee or candidate during the reporting period; 2 (12) the full name and mailing address of each person to 3 whom expenditures have been made by such committee or 4 candidate within the reporting period in an aggregate amount 5 or value in excess of $150, the amount, date, and purpose of 6 each such expenditure and the question of public policy or 7 the name and address of, and office sought by, each candidate 8 on whose behalf such expenditure was made; 9 (13) the full name and mailing address of each person to 10 whom an expenditure for personal services, salaries, and 11 reimbursed expenses in excess of $150 has been made, and 12 which is not otherwise reported, including the amount, date, 13 and purpose of such expenditure; 14 (14) the total sum of expenditures made by such 15 committee during the reporting period; 16 (15) the full name and mailing address of each person to 17 whom the committee owes debts or obligations in excess of 18 $150, and the amount of such debts or obligations. 19 The Board shall by rule define "best efforts". 20 (Source: P.A. 86-873.) 21 (10 ILCS 5/9-14) (from Ch. 46, par. 9-14) 22 Sec. 9-14. Each semi-annual report of campaign 23 contributions and expenditures required by Section 9-10 of 24 this Article to be filed with the Board or the Board and the 25 county clerk shall be verified, dated, and signed by either 26 the treasurer of the political committee making the report or 27 the candidate on whose behalf the report is made, and shall 28 contain substantially the following: 29 SEMI-ANNUAL REPORT OF CAMPAIGN 30 CONTRIBUTIONS AND EXPENDITURES 31 (1) name and address of the political committee: 32 ............................................................. 33 (2) scope, area of activity, party affiliation, candidate HB0672 Engrossed -13- LRB9003586MWpc 1 affiliation, and purposes of the political committee: 2 ............................................................. 3 ............................................................. 4 ............................................................. 5 ............................................................. 6 (3) the date of the beginning of the reporting period, and 7 the amount of funds on hand at the beginning of the reporting 8 period; 9 ............................................................. 10 (4) the full name and mailing address of each person who has 11 made one or more contributions to or for the committee within 12 the reporting period in an aggregate amount or value in 13 excess of $150, together with the amount and date of such 14 contributions, and if the contributor is an individual, the 15 occupation and employer of the contributor or, if the 16 occupation and employer of the contributor are unknown, a 17 statement that the committee has used best efforts to 18 ascertain this information: 19 name address amount date occupation employer 20 .... ....... ...... .... .......... ........ 21 .... ....... ...... .... .......... ........ 22 .... ....... ...... .... .......... ........ 23 .... ....... ...... .... .......... ........ 24 .... ....... ...... .... .......... ........ 25 (5) the total sum of individual contributions made to or for 26 the committee during the reporting period and not reported 27 under item--(4): 28 ............................................................. 29 (6) the name and address of each political committee from 30 which the reporting committee received, or to which that 31 committee made, any transfer of funds, in an aggregate amount 32 or value in excess of $150, together with the amounts and 33 dates of all transfers: 34 name address amount date HB0672 Engrossed -14- LRB9003586MWpc 1 .......... .......... .......... .......... 2 .......... .......... .......... .......... 3 .......... .......... .......... .......... 4 (7) the total sum of transfers made to or from such 5 committee during the reporting period and not reported under 6 item (6); 7 (8) each loan to or from any person within the reporting 8 period by or to the committee in an aggregate amount or value 9 in excess of $150, together with the full names and mailing 10 addresses of the lender and endorsers, if any, and the date 11 and amount of such loans, and if the person is an individual, 12 the occupation and employer of each person making the loan: 13 name address amount date endorsers occupation employer 14 .... ....... ...... .... ......... .......... ........ 15 .... ....... ...... .... ......... .......... ........ 16 .... ....... ...... .... ......... .......... ........ 17 (9) the total amount of proceeds received by the committee 18 from (a) the sale of tickets for each dinner, luncheon, 19 cocktail party, rally, and other fund-raising events; (b) 20 mass collections made at such events; and (c) sales of items 21 such as political campaign pins, buttons, badges, flags, 22 emblems, hats, banners, literature, and similar materials: 23 (a).......................................................... 24 (b).......................................................... 25 (c).......................................................... 26 (10) each contribution, rebate, refund, or other receipt in 27 excess of $150 received by the committee not otherwise listed 28 under items (4) through (9): 29 name address amount date 30 .......... .......... .......... .......... 31 .......... .......... .......... .......... 32 (11) the total sum of all receipts by or for the committee 33 during the reporting period: 34 ............................................................. HB0672 Engrossed -15- LRB9003586MWpc 1 (12) the full name and mailing address of each person to 2 whom expenditures have been made by the committee within the 3 reporting period in an aggregate amount or value in excess of 4 $150, the amount, date, and purpose of each such expenditure, 5 and the question of public policy or the name and address of, 6 and office sought by, each candidate on whose behalf the 7 expenditure was made: 8 name address amount date purpose beneficiary 9 .......... ....... ...... .... ....... ........... 10 .......... ....... ...... .... ....... ........... 11 .......... ....... ...... .... ....... ........... 12 .......... ....... ...... .... ....... ........... 13 .......... ....... ...... .... ....... ........... 14 (13) the full name and mailing address of each person to 15 whom an expenditure for personal services, salaries, and 16 reimbursed expenses in excess of $150 has been made, and 17 which is not otherwise reported, including the amount, date, 18 and purpose of such expenditure: 19 name address amount date purpose 20 .......... .......... ........ ........ .......... 21 .......... .......... ........ ........ .......... 22 .......... .......... ........ ........ .......... 23 (14) the total sum of expenditures made by the committee 24 during the reporting period; 25 ............................................................. 26 (15) the full name and mailing address of each person to 27 whom the committee owes debts or obligations in excess of 28 $150, and the amount of such debts or obligations: 29 ............................................................. 30 ............................................................. 31 VERIFICATION: 32 "I declare that this semi-annual report of campaign 33 contributions and expenditures (including any accompanying 34 schedules and statements) has been examined by me and to the HB0672 Engrossed -16- LRB9003586MWpc 1 best of my knowledge and belief is a true, correct and 2 complete report as required by Article 9 of The Election 3 Code. I understand that the penalty for willfully filing a 4 false or incomplete report shall be a fine not to exceed $500 5 or imprisonment in a penal institution other than the 6 penitentiary not to exceed 6 months, or both fine and 7 imprisonment." 8 ................ ....................................... 9 (date of filing) (signature of person making the report) 10 (Source: P.A. 86-873.) 11 (10 ILCS 5/9-17) (from Ch. 46, par. 9-17) 12 Sec. 9-17. All statements and reports filed under this 13 Article with the board or county clerk shall be available for 14 examination and copying by the public at all reasonable 15 times.Such person examining a statement or report must first16fill out a form prepared by the Board identifying the17examiner by name, occupation, address and telephone number,18and listing the date of examination and reason for such19examination. The board shall supply such forms to the county20clerks annually and replenish such forms upon request.21The Board or county clerk, as the case may be, shall22promptly notify each political committee required to file a23statement or report under this Article of each instance of an24examination of its statement or report by sending it a25duplicate original of the identification form filled out by26the person examining its report.27 Any person who alters or falsifies information on a copy 28 of a statement or report obtained from the State Board of 29 Elections or the county clerk pursuant to Article 9 of this 30 Code and publishes, circulates or distributes such altered or 31 falsified information with the intent to misrepresent 32 contributions received or expenditures made by a candidate or 33 political committee shall be guilty of a Class B misdemeanor. HB0672 Engrossed -17- LRB9003586MWpc 1 Any person who shall sell or utilize information copied 2 from statements and reports filed with the State Board of 3 Elections or the county clerk pursuant to Article 9 of this 4 Code for the purpose of soliciting contributions or for the 5 purpose of business solicitation shall be guilty of a Class B 6 misdemeanor. 7 (Source: P.A. 81-310.) 8 (10 ILCS 5/9-23) (from Ch. 46, par. 9-23) 9 Sec. 9-23. Whenever the Board, pursuant to Section 9-21, 10 has issued an order, or has approved a written stipulation, 11 agreed settlement or consent order, directing a person 12 determined by the Board to be in violation of any provision 13 of this Article or any regulation adopted thereunder, to 14 cease or correct such violation or otherwise comply with this 15 Article and such person fails or refuses to comply with such 16 order, stipulation, settlement or consent order within the 17 time specified by the Board, the Board, after affording 18 notice and an opportunity for a public hearing, may impose a 19 civil penalty on such person in an amount not to exceed 20 $5,000$1,000. 21 Civil penalties imposed on any such person by the Board 22 shall be enforceable in the Circuit Court. The Board shall 23 petition the Court for an order to enforce collection of the 24 penalty and, if the Court finds it has jurisdiction over the 25 person against whom the penalty was imposed, the Court shall 26 issue the appropriate order. Any civil penalties collected 27 by the Court shall be forwarded to the State Treasurer. 28 In addition to or in lieu of the imposition of a civil 29 penalty, the board may report such violation and the failure 30 or refusal to comply with the order of the Board to the 31 Attorney General and the appropriate State's Attorney. 32 (Source: P.A. 83-540.) HB0672 Engrossed -18- LRB9003586MWpc 1 (10 ILCS 5/9-28 new) 2 Sec. 9-28. Electronic filing and availability. The 3 Board may by rule provide for the optional electronic filing 4 of expenditure and contribution reports. The Board, in 5 conjunction with the Secretary of State, shall promptly make 6 all reports filed under this Article by candidates for the 7 General Assembly and for Governor, Lieutenant Governor, 8 Attorney General, Secretary of State, State Comptroller, or 9 State Treasurer publicly available by means of a searchable 10 database that is accessible through the World Wide Web. 11 Section 99. This Act becomes effective on July 1, 1997.