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90_HB0672sam001
LRB9003586JMdvam01
1 AMENDMENT TO HOUSE BILL 672
2 AMENDMENT NO. . Amend House Bill 672 by replacing
3 the title with the following:
4 "AN ACT concerning governmental ethics."; and
5 by replacing everything after the enacting clause with the
6 following:
7 "Section 1. Short title. This Act may be cited as the
8 State Gift Ban Act.
9 Section 5. Definitions. As used in this Act:
10 "Commission" means an ethics commission created by this
11 Act.
12 "Employee" means all full-time, part-time, and
13 contractual employees, appointed and elected officials, and
14 directors of a governmental entity.
15 "Gift" means any gratuity, discount, entertainment,
16 hospitality, loan, forbearance, or other tangible or
17 intangible item having monetary value including, but not
18 limited to, cash, food and drink, and honoraria for speaking
19 engagements related to or attributable to government
20 employment or the official position of an employee, member,
21 officer, or judge.
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1 "Governmental entity" means each office, board,
2 commission, agency, department, authority, institution,
3 university, body politic and corporate, administrative unit,
4 and corporate outgrowth of the executive, legislative, and
5 judicial branches of State government, whether created by the
6 Illinois Constitution, by or in accordance with statute, or
7 by executive order of the Governor.
8 "Judge" means judges and associate judges of the Supreme
9 Court, Appellate Courts, and Circuit Courts.
10 "Member" means a member of the General Assembly.
11 "Officer" means a State constitutional officer.
12 "Political organization" means a party, committee,
13 association, fund, or other organization (whether or not
14 incorporated) organized and operated primarily for the
15 purpose of directly or indirectly accepting contributions or
16 making expenditures, or both, for the function of influencing
17 or attempting to influence the selection, nomination,
18 election, or appointment of any individual to any federal,
19 state, or local public office or office in a political
20 organization, or the election of Presidential or
21 Vice-Presidential electors, whether or not the individual or
22 electors are selected, nominated, elected, or appointed. The
23 term includes the making of expenditures relating to an
24 office described in the preceding sentence that, if incurred
25 by the individual, would be allowable as a federal income tax
26 deduction for trade or business expenses.
27 "Prohibited source" means any person or entity who:
28 (1) is seeking official action (i) by the member,
29 officer, or judge or (ii) in the case of an employee, by
30 the employee or by the member, officer, judge,
31 governmental entity, or other employee directing the
32 employee;
33 (2) does business or seeks to do business (i) with
34 the member, officer, or judge or (ii) in the case of an
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1 employee, with the employee or with the member, officer,
2 judge, governmental entity, or other employee directing
3 the employee;
4 (3) conducts activities regulated (i) by the
5 member, officer, or judge or (ii) in the case of an
6 employee, by the employee or by the member, officer,
7 judge, governmental entity, or other employee directing
8 the employee;
9 (4) has interests that may be substantially
10 affected by the performance or non-performance of the
11 official duties of the member, officer, employee, or
12 judge; or
13 (5) is registered or required to be registered with
14 the Secretary of State under the Lobbyist Registration
15 Act.
16 "Ultimate jurisdictional authority" means the following:
17 (1) For members, partisan staff, and their
18 secretaries, the appropriate legislative leader:
19 President of the Senate, Minority Leader of the Senate,
20 Speaker of the House of Representatives, or Minority
21 Leader of the House of Representatives.
22 (2) For State employees who are professional staff
23 or employees of the Senate and not covered under item
24 (1), the Senate Operations Commission.
25 (3) For State employees who are professional staff
26 or employees of the House of Representatives and not
27 covered under item (1), the Speaker of the House of
28 Representatives.
29 (4) For State employees who are employees of the
30 legislative support services agencies, the Joint
31 Committee on Legislative Support Services.
32 (5) For judges, the Chief Justice of the Supreme
33 Court.
34 (6) For State employees of the judicial branch, the
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1 Administrative Office of the Illinois Courts.
2 (7) For State employees of an executive branch
3 constitutional officer, the appropriate executive branch
4 constitutional officer.
5 (8) For State employees not under the jurisdiction
6 of paragraph (1), (2), (3), (4), (5), (6), or (7), the
7 Governor.
8 (9) For officers, the General Assembly.
9 Section 10. Gift ban. Except as otherwise provided in
10 this Act, no member, officer, employee, or judge shall
11 solicit or accept any gift from any prohibited source or in
12 violation of any federal or State statute, rule, or
13 regulation. This ban applies to and includes spouses of and
14 immediate family living with the member, officer, employee,
15 or judge. No prohibited source shall offer or make a gift
16 that violates this Section.
17 Section 15. Exceptions. The restriction in Section 10
18 does not apply to the following:
19 (1) Anything for which the member, officer, employee, or
20 judge pays the market value or anything not used and promptly
21 disposed of as provided in Section 25.
22 (2) A contribution, as defined in Article 9 of the
23 Election Code that is lawfully made under that Act or
24 attendance at a fundraising event sponsored by a political
25 organization.
26 (3) A gift from a relative, meaning those people related
27 to the individual as father, mother, son, daughter, brother,
28 sister, uncle, aunt, great aunt, great uncle, first cousin,
29 nephew, niece, husband, wife, grandfather, grandmother,
30 grandson, granddaughter, father-in-law, mother-in-law,
31 son-in-law, daughter-in-law, brother-in-law, sister-in-law,
32 stepfather, stepmother, stepson, stepdaughter, stepbrother,
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1 stepsister, half brother, half sister, and including the
2 father, mother, grandfather, or grandmother of the
3 individual's spouse and the individual's fiance or fiancee.
4 (4) Anything provided by an individual on the basis of a
5 personal friendship unless the member, officer, employee, or
6 judge has reason to believe that, under the circumstances,
7 the gift was provided because of the official position or
8 employment of the member, officer, employee, or judge and not
9 because of the personal friendship.
10 In determining whether a gift is provided on the basis of
11 personal friendship, the member, officer, employee, or judge
12 shall consider the circumstances under which the gift was
13 offered, such as:
14 (i) the history of the relationship between the
15 individual giving the gift and the recipient of the gift,
16 including any previous exchange of gifts between those
17 individuals;
18 (ii) whether to the actual knowledge of the member,
19 officer, employee, or judge the individual who gave the
20 gift personally paid for the gift or sought a tax
21 deduction or business reimbursement for the gift; and
22 (iii) whether to the actual knowledge of the
23 member, officer, employee, or judge the individual who
24 gave the gift also at the same time gave the same or
25 similar gifts to other members, officers, employees, or
26 judges.
27 (5) A commercially reasonable loan evidenced in writing
28 with repayment due by a date certain made in the ordinary
29 course of the lender's business.
30 (6) A contribution or other payments to a legal defense
31 fund established for the benefit of a member, officer,
32 employee, or judge that is otherwise lawfully made.
33 (7) Intra-office and inter-office gifts. For the
34 purpose of this Act, "intra-office gifts" means:
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1 (i) any gift given to a member or employee of the
2 legislative branch from another member or employee of the
3 legislative branch;
4 (ii) any gift given to a judge or employee of the
5 judicial branch from another judge or employee of the
6 judicial branch;
7 (iii) any gift given to an officer or employee of
8 the executive branch from another officer or employee of
9 the executive branch;
10 (iv) any gift given to an officer or employee of a
11 unit of local government, home rule unit, or school
12 district, from another employee of that unit of local
13 government, home rule unit, or school district;
14 (v) any gift given to an officer or employee of any
15 other governmental entity not included in item (i), (ii),
16 (iii), or (iv), from another employee of that
17 governmental entity; or
18 (vi) any gift given to a member or employee of the
19 legislative branch, a judge or employee of the judicial
20 branch, an officer or employee of the executive branch,
21 an officer or employee of a unit of local government,
22 home rule unit, or school district, or an officer or
23 employee of any other governmental entity not included in
24 item (i), (ii), (iii), or (iv) from a member or employee
25 of the legislative branch, a judge or employee of the
26 judicial branch, an officer or employee of the executive
27 branch, an officer or employee of a unit of local
28 government, home rule unit, or school district, or an
29 officer or employee of any other governmental entity.
30 (8) Food, refreshments, lodging, transportation, and
31 other benefits:
32 (i) resulting from the outside business or
33 employment activities (or outside activities that are not
34 connected to the duties of the member, officer, employee,
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1 or judge, as an office holder or employee) of the member,
2 officer, employee, judge, or the spouse of the member,
3 officer, employee, or judge, if the benefits have not
4 been offered or enhanced because of the official position
5 or employment of the member, officer, employee, or judge
6 and are customarily provided to others in similar
7 circumstances;
8 (ii) customarily provided by a prospective employer
9 in connection with bona fide employment discussions; or
10 (iii) provided by a political organization in
11 connection with a fundraising or campaign event sponsored
12 by that organization.
13 (9) Pension and other benefits resulting from continued
14 participation in an employee welfare and benefits plan
15 maintained by a former employer.
16 (10) Informational materials that are sent to the office
17 of the member, officer, employee, or judge in the form of
18 books, articles, periodicals, other written materials,
19 audiotapes, videotapes, or other forms of communication.
20 (11) Awards or prizes that are given to competitors in
21 contests or events open to the public, including random
22 drawings.
23 (12) Honorary degrees (and associated travel, food,
24 refreshments, and entertainment provided in the presentation
25 of degrees and awards).
26 (13) Training (including food and refreshments furnished
27 to all attendees as an integral part of the training)
28 provided to a member, officer, employee, or judge, if the
29 training is in the interest of the governmental entity.
30 (14) Educational missions, including meetings with
31 government officials either foreign or domestic, intended to
32 educate public officials on matters of public policy, to
33 which the member, officer, employee, or judge may be invited
34 to participate along with other federal, state, or local
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1 public officials and community leaders.
2 (15) Bequests, inheritances, and other transfers at
3 death.
4 (16) Anything that is paid for by the federal
5 government, the State, or a governmental entity, or secured
6 by the government or governmental entity under a government
7 contract.
8 (17) A gift of personal hospitality of an individual
9 other than a registered lobbyist or agent of a foreign
10 principal, including hospitality extended for a nonbusiness
11 purpose by an individual, not a corporation or organization,
12 at the personal residence of that individual or the
13 individual's family or on property or facilities owned by
14 that individual or the individual's family.
15 (18) Free attendance at a widely attended event
16 permitted under Section 20.
17 (19) Opportunities and benefits that are:
18 (i) available to the public or to a class
19 consisting of all employees, officers, members, or
20 judges, whether or not restricted on the basis of
21 geographic consideration;
22 (ii) offered to members of a group or class in
23 which membership is unrelated to employment or official
24 position;
25 (iii) offered to members of an organization such as
26 an employee's association or credit union, in which
27 membership is related to employment or official position
28 and similar opportunities are available to large segments
29 of the public through organizations of similar size;
30 (iv) offered to any group or class that is not
31 defined in a manner that specifically discriminates among
32 government employees on the basis of branch of government
33 or type of responsibility, or on a basis that favors
34 those of higher rank or rate of pay;
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1 (v) in the form of loans from banks and other
2 financial institutions on terms generally available to
3 the public; or
4 (vi) in the form of reduced membership or other
5 fees for participation in organization activities offered
6 to all government employees by professional organizations
7 if the only restrictions on membership relate to
8 professional qualifications.
9 (20) A plaque, trophy, or other item that is
10 substantially commemorative in nature and that is extended
11 for presentation.
12 (21) Golf or tennis; food or refreshments of nominal
13 value and catered food or refreshments; meals or beverages
14 consumed on the premises from which they were purchased.
15 (22) Donations of products from an Illinois company that
16 are intended primarily for promotional purposes, such as
17 display or free distribution, and are of minimal value to any
18 individual recipient.
19 (23) An item of nominal value such as a greeting card,
20 baseball cap, or T-shirt.
21 Section 20. Attendance at events.
22 (a) A member, officer, employee, or judge may accept an
23 offer of free attendance at a widely attended convention,
24 conference, symposium, forum, panel discussion, dinner,
25 viewing, reception, or similar event, provided by the sponsor
26 of the event, if:
27 (1) the member, officer, employee, or judge
28 participates in the event as a speaker or a panel
29 participant, by presenting information related to
30 government, or by performing a ceremonial function
31 appropriate to the member's, officer's, employee's, or
32 judge's official position or employment; or
33 (2) attendance at the event is appropriate to the
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1 performance of civic affairs in Illinois or the official
2 duties or representative function of the member, officer,
3 employee, or judge.
4 (b) A member, officer, employee, or judge who attends an
5 event described in subsection (a) may accept a sponsor's
6 unsolicited offer of free attendance at the event for an
7 accompanying individual.
8 (c) A member, officer, employee, or judge, or the spouse
9 or dependent thereof, may accept a sponsor's unsolicited
10 offer of free attendance at a charity event, except that
11 reimbursement for transportation and lodging may not be
12 accepted in connection with the event.
13 (d) For purposes of this Section, the term "free
14 attendance" may include waiver of all or part of a conference
15 or other fee, the provision of transportation, or the
16 provision of food, refreshments, entertainment, and
17 instructional materials furnished to all attendees as an
18 integral part of the event. The term does not include
19 entertainment collateral to the event, nor does it include
20 food or refreshments taken other than in a group setting with
21 all or substantially all other attendees, except as
22 authorized under subsection (21) of Section 15.
23 Section 25. Disposition of gifts. The recipient of a
24 gift that is given in violation of this Act may, at his or
25 her discretion, return the item to the donor or give the item
26 or an amount equal to its value to an appropriate charity.
27 Section 30. Reimbursement.
28 (a) A reimbursement (including payment in kind) to a
29 member, officer, employee, or judge from a private source
30 other than a registered lobbyist or agent of a foreign
31 principal for necessary transportation, lodging, and related
32 expenses for travel to a meeting, speaking engagement, fact
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1 finding trip, or similar event in connection with the duties
2 of the member, officer, employee, or judge as an office
3 holder or employee shall be deemed to be a reimbursement to
4 the governmental entity and not a gift prohibited by this Act
5 if the member, officer, employee, or judge:
6 (1) discloses the expenses reimbursed or to be
7 reimbursed and the authorization to the Clerk of the
8 House of Representatives, the Secretary of the Senate,
9 the State Comptroller, fiscal officer, or similar
10 authority as appropriate, within 30 days after the travel
11 is completed; and
12 (2) in the case of an employee, receives advance
13 authorization, from the member, officer, judge, or other
14 employee under whose direct supervision the employee
15 works to accept reimbursement.
16 (b) For purposes of subsection (a), events, the
17 activities of which are substantially recreational in nature,
18 shall not be considered to be in connection with the duties
19 of a member, officer, employee, or judge as an office holder
20 or employee.
21 (c) Each advance authorization to accept reimbursement
22 shall be signed by the member, officer, judge, or other
23 employee under whose direct supervision the employee works
24 and shall include:
25 (1) the name of the employee;
26 (2) the name of the person who will make the
27 reimbursement;
28 (3) the time, place, and purpose of the travel; and
29 (4) a determination that the travel is in
30 connection with the duties of the employee as an employee
31 and would not create the appearance that the employee is
32 using public employment for private gain.
33 (d) Each disclosure made under subsection (a) of
34 expenses reimbursed or to be reimbursed shall be signed by
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1 the member, officer, or judge (in the case of travel by the
2 member, officer, or judge) or by the member, officer, judge,
3 or other employee under whose direct supervision the employee
4 works (in the case of travel by an employee) and shall
5 include:
6 (1) a good faith estimate of total transportation
7 expenses reimbursed or to be reimbursed;
8 (2) a good faith estimate of total lodging expenses
9 reimbursed or to be reimbursed;
10 (3) a good faith estimate of total meal expenses
11 reimbursed or to be reimbursed;
12 (4) a good faith estimate of the total of other
13 expenses reimbursed or to be reimbursed; and
14 (5) a determination that all those expenses are
15 necessary transportation, lodging, and related expenses.
16 Section 35. Ethics Officer. Each officer and the head of
17 each governmental entity shall designate an Ethics Officer
18 for the office or governmental entity. For the legislative
19 branch, the President and Minority Leader of the Senate and
20 the Speaker and Minority Leader of the House of
21 Representatives shall each appoint an ethics officer for the
22 legislative members of their political party. Ethics Officers
23 shall:
24 (1) review statements of economic interest and
25 disclosure forms of members, officers, judges, senior
26 employees, and contract monitors before they are filed
27 with the Secretary of State; and
28 (2) provide guidance to members, officers,
29 employees, and judges in the interpretation and
30 implementation of this Act.
31 Section 40. Further restrictions. A governmental entity
32 may adopt or maintain policies that are more restrictive than
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1 those set forth in this Act and shall continue to follow any
2 existing policies, statutes, or regulations that are more
3 restrictive or are in addition to those set forth in this
4 Act.
5 Section 45. Ethics Commissions.
6 (a) Ethics Commissions are created for the branches of
7 government as provided in this Section. The initial
8 appointments to each commission shall be made within 60 days
9 after the effective date of this Act. The appointing
10 authorities shall appoint commissioners who have experience
11 holding governmental office or employment and shall appoint
12 commissioners from the general public or from within the
13 appointing authority's branch of government. With respect to
14 each of the ethics commissions designated in items (1), (2),
15 (3), (4), and (5), no more than 4 of the 7 appointees shall
16 be of the same political party. The appointee shall
17 establish his or her political party affiliation by his or
18 her last record of voting in a party primary election.
19 (1) For the ethics commission of the Governor there
20 shall be 7 commissioners appointed by the Governor. This
21 ethics commission shall have jurisdiction over all of the
22 executive branch of State government except the officers
23 specified in items (2), (3), (4), and (5) and their
24 employees.
25 (2) For the ethics commission of the Attorney
26 General there shall be 7 commissioners appointed by the
27 Attorney General.
28 (3) For the ethics commission of the Secretary of
29 State there shall be 7 commissioners appointed by the
30 Secretary of State.
31 (4) For the ethics commission of the Comptroller
32 there shall be 7 commissioners appointed by the
33 Comptroller.
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1 (5) For the ethics commission of the Treasurer
2 there shall be 7 commissioners appointed by the
3 Treasurer.
4 (6) For the ethics commission of the legislative
5 branch there shall be 8 commissioners. The Speaker and
6 the Minority Leader of the House of Representatives and
7 the President and the Minority Leader of the Senate shall
8 each appoint 2 commissioners.
9 (7) For the ethics commission of the judicial
10 branch there shall be 6 commissioners. The Chief Justice
11 of the Supreme Court shall appoint the commissioners with
12 the concurrence of 3 other Supreme Court Judges.
13 (b) At the first meeting of each commission, the initial
14 appointees shall draw lots to divide into 2 groups.
15 Commissioners of the first group shall serve 2-year terms,
16 and commissioners of the second group shall serve one-year
17 terms. Thereafter commissioners shall be appointed to 2-year
18 terms. Commissioners may be reappointed to serve subsequent
19 terms.
20 (c) The respective appointing authority or authorities
21 may remove a commissioner appointed by that authority or
22 those authorities in case of incompetency, neglect of duty,
23 or malfeasance in office after service on the commissioner by
24 certified mail, return receipt requested, of a copy of the
25 written charges against the commissioner and an opportunity
26 to be heard in person or by counsel upon not less than 10
27 days' notice. Vacancies shall be filled by the appropriate
28 appointing authority or authorities.
29 (d) Each commission shall meet as often as necessary to
30 perform its duties. Except for the ethics commission for the
31 legislative branch, at the first meeting of each commission
32 the commissioners shall choose a chairperson from their
33 number. For the ethics commission for the legislative branch,
34 the President of the Senate and whichever of the Speaker or
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1 Minority Leader of the House is of the same political party
2 as the President shall jointly designate one member as
3 co-chair; the other 2 legislative leaders shall jointly
4 designate the other co-chair. Meetings shall be held at the
5 call of the chairperson or any 2 commissioners. Official
6 action by the commission shall require the affirmative vote
7 of the number of commissioners provided in this subsection,
8 and a quorum shall consist of the number of commissioners
9 provided in this subsection. The number of commissioners
10 required for a quorum and the affirmative vote of each ethics
11 commission shall be as follows: for the Governor, 4; for the
12 Attorney General, 4; for the Secretary of State, 4; for the
13 Treasurer, 4; for the Comptroller, 4; for the legislative
14 branch, 5; for the judicial branch, 4. Commissioners may be
15 reimbursed for their reasonable expenses actually incurred in
16 the performance of their duties.
17 Section 50. Staff. Each commission may employ necessary
18 staff persons and may contract for services that cannot be
19 satisfactorily performed by the staff.
20 Section 55. Powers and duties. Each commission shall
21 have the following powers and duties:
22 (1) To promulgate procedures and rules governing the
23 performance of its duties and the exercise of its powers.
24 (2) Upon receipt of a signed, notarized, written
25 complaint, to investigate, conduct research, conduct closed
26 hearings and deliberations, issue recommendations, and impose
27 a fine.
28 (3) To act only upon the receipt of a written complaint
29 alleging a violation of this Act and not upon its own
30 prerogative.
31 (4) To receive information from the public pertaining to
32 its investigations and to require additional information and
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1 documents from persons who may have violated this Act.
2 (5) To subpoena witnesses and compel the production of
3 books and papers pertinent to an investigation authorized by
4 this Act.
5 (6) To request that the Attorney General provide legal
6 advice without charge to the commission.
7 (7) To prepare and publish manuals and guides explaining
8 the duties of individuals covered by this Act.
9 (8) To prepare public information materials to
10 facilitate compliance, implementation, and enforcement of
11 this Act.
12 (9) To submit to each commissioner's respective
13 appointing authority or authorities an annual statistical
14 report for each year consisting of (i) the number of
15 complaints filed, (ii) the number of complaints deemed to
16 sufficiently allege a violation of this Act, (iii) the
17 recommendation, fine, or decision issued for each complaint,
18 (iv) the number of complaints resolved, and (v) the status of
19 pending complaints.
20 The powers and duties of a commission are limited to
21 matters clearly within the purview of this Act.
22 Section 60. Complaint procedure.
23 (a) Complaints alleging the violation of this Act shall
24 be filed with the appropriate ethics commission as follows:
25 (1) If the complaint alleges a violation by an
26 officer or employee of the executive branch of State
27 government, then the complaint shall be filed with the
28 appropriate ethics commission within the executive
29 branch.
30 (2) If the complaint alleges a violation by a judge
31 or employee of the judicial branch of government, then
32 the complaint shall be filed with the judicial ethics
33 commission.
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1 (3) If the complaint alleges a violation by a
2 member or employee of the legislative branch of State
3 government or any employee not included within paragraphs
4 (1) or (2), then the complaint shall be filed with the
5 legislative ethics commission.
6 Any complaint received by or incident reported to a
7 member, officer, employee, judge, or governmental entity
8 alleging the violation of this Act shall be forwarded to the
9 appropriate commission. The complaint shall not be properly
10 filed until submitted to the appropriate commission.
11 (b) Within 3 business days after the receipt of an
12 ethics complaint, the commission shall send by certified
13 mail, return receipt requested, a notice to the respondent
14 that a complaint has been filed against him or her and a copy
15 of the complaint. The commission shall send by certified
16 mail, return receipt requested, a confirmation of the receipt
17 of the complaint to the complainant within 3 business days
18 after the submittal to the commission. The notices to the
19 respondent and the complainant shall also advise them of the
20 date, time, and place of the meeting on the sufficiency of
21 the complaint and probable cause.
22 (c) Upon at least 24 hours' public notice of the
23 session, the commission shall meet in a closed session to
24 review the sufficiency of the complaint and, if the complaint
25 is deemed to sufficiently allege a violation of this Act, to
26 determine if there is probable cause, based on evidence
27 presented by the complainant, to proceed. The commission
28 shall issue notice to the complainant and the respondent of
29 the commission's ruling on the sufficiency of the complaint
30 and, if necessary, on probable cause within 7 business days
31 after receiving the complaint. If the complaint is deemed to
32 sufficiently allege a violation of this Act and there is a
33 determination of probable cause, then the commission's notice
34 to the parties shall include a hearing date scheduled within
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1 4 weeks after the complaint's receipt. If the complaint is
2 deemed not to sufficiently allege a violation or if there is
3 no determination of probable cause, then the commission shall
4 send by certified mail, return receipt requested, a notice to
5 the parties of the decision to dismiss the complaint, and
6 that notice shall be made public.
7 (d) On the scheduled date and upon at least 24 hours'
8 public notice of the meeting, the commission shall conduct a
9 closed meeting on the complaint and allow both parties the
10 opportunity to present testimony and evidence.
11 (e) Within 6 weeks after the complaint's receipt, the
12 commission shall (i) dismiss the complaint or (ii) issue a
13 preliminary recommendation to the alleged violator and to the
14 violator's ultimate jurisdictional authority or impose a fine
15 upon the violator, or both. The particular findings in the
16 instant case, the preliminary recommendation, and any fine
17 shall be made public.
18 (f) Within 7 business days after the issuance of the
19 preliminary recommendation or imposition of a fine, or both,
20 the respondent may file a written demand for a public hearing
21 on the complaint. The filing of the demand shall stay the
22 enforcement of the preliminary recommendation or fine.
23 Within 2 weeks after receiving the demand, the commission
24 shall conduct a public hearing on the complaint after at
25 least 24 hours' public notice of the hearing and allow both
26 parties the opportunity to present testimony and evidence.
27 Within 5 business days, the commission shall publicly issue a
28 final recommendation to the alleged violator and to the
29 violator's ultimate jurisdictional authority or impose a fine
30 upon the violator, or both.
31 (g) If a complaint is filed during the 60 days preceding
32 the date of any election at which the respondent is a
33 candidate, the commission shall render its decision as
34 required under subsection (e) within 7 days after the
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1 complaint is filed, and during the 7 days preceding that
2 election, the commission shall render such decision before
3 the date of that election, if possible.
4 (h) A commission may levy a fine of up to $5,000 against
5 any person who knowingly files a frivolous complaint alleging
6 a violation of this Act.
7 (i) A complaint alleging the violation of this Act must
8 be filed within one year after the alleged violation.
9 Section 65. Enforcement.
10 (a) A commission may recommend to a person's ultimate
11 jurisdictional authority disciplinary action against the
12 person it determines to be in violation of this Act. The
13 recommendation may prescribe the following courses of action:
14 (1) A reprimand.
15 (2) To cease and desist the offensive action.
16 (3) A return or refund of money or other items, or
17 an amount of restitution for services, received in
18 violation of this Act.
19 (4) Dismissal, removal from office, impeachment, or
20 expulsion.
21 (5) Donation to a charity of an amount equal to the
22 gift.
23 (b) A commission may impose a fine of up to $1,000 per
24 violation to be deposited into the General Revenue Fund.
25 (c) The ultimate jurisdictional authority of a person
26 who violates an ethics provision may take disciplinary action
27 against the person as recommended by a commission or as it
28 deems appropriate, to the extent it is constitutionally
29 permissible for the ultimate jurisdictional authority to take
30 that action. The ultimate jurisdictional authority shall make
31 its action, or determination to take no action, available to
32 the public.
33 (d) If after a hearing the commission finds no violation
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1 of this Act, the commission shall dismiss the complaint.
2 Section 70. Penalty. An individual who knowingly
3 violates this Act is guilty of a business offense and subject
4 to a fine of up to $5,000.
5 Section 75. Review. A commission's decision to dismiss
6 a complaint or its recommendation is not a final
7 administrative decision, but its imposition of a fine is a
8 final administrative decision subject to judicial review
9 under the Administrative Review Law of the Code of Civil
10 Procedure.
11 Section 80. Exemption. The proceedings conducted and
12 documents generated under this Act are exempt from the
13 provisions of the Open Meetings Act and the Freedom of
14 Information Act.
15 Section 83. Units of local government; school districts.
16 Within 6 months after the effective date of this Act, units
17 of local government, home rule units, and school districts
18 shall prohibit the solicitation and acceptance of gifts, and
19 shall enforce those prohibitions, in a manner substantially
20 in accordance with the requirements of this Act and shall
21 adopt provisions no less restrictive than the provisions of
22 this Act. Non-salaried appointed or elected officials may be
23 exempted.
24 Section 85. Home rule preemption. A home rule unit may
25 not regulate the prohibition of gifts to members, officers,
26 employees, or judges or the enforcement of these provisions
27 in a manner inconsistent with this Act. This Section is a
28 limitation under subsection (i) of Section 6 of Article VII
29 of the Illinois Constitution on the concurrent exercise by
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1 home rule units of powers and functions exercised by the
2 State.
3 Section 95. Effect on Executive Order or similar rule.
4 This Act supersedes the ethics reforms provided for in (i)
5 Part I (Ban On Gifts To State Employees From Prohibited
6 Sources) contained in Executive Order No. 2 (1997) and (ii)
7 any other executive, administrative, or similar order,
8 policy, or rule promulgated by an officer, member, judge,
9 employee, or governmental entity that conflicts with or is
10 less restrictive than this Act.
11 Section 205. The Open Meetings Act is amended by
12 changing Section 1.02 as follows:
13 (5 ILCS 120/1.02) (from Ch. 102, par. 41.02)
14 Sec. 1.02. For the purposes of this Act:
15 "Meeting" means any gathering of a majority of a quorum
16 of the commissioners of a public body held for the purpose of
17 discussing public business.
18 "Public body" includes all legislative, executive,
19 administrative or advisory bodies of the state, counties,
20 townships, cities, villages, incorporated towns, school
21 districts and all other municipal corporations, boards,
22 bureaus, committees or commissions of this State, and any
23 subsidiary bodies of any of the foregoing including but not
24 limited to committees and subcommittees which are supported
25 in whole or in part by tax revenue, or which expend tax
26 revenue, except the General Assembly and committees or
27 commissions thereof. "Public body" includes tourism boards
28 and convention or civic center boards located in counties
29 that are contiguous to the Mississippi River with populations
30 of more than 250,000 but less than 300,000. "Public body"
31 does not include a child death review team established under
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1 the Child Death Review Team Act or an ethics commission,
2 ethics officer, or ultimate jurisdictional authority acting
3 under the State Gift Ban Act as provided by Section 80 of
4 that Act.
5 (Source: P.A. 90-517, eff. 8-22-97.)
6 Section 210. The Freedom of Information Act is amended
7 by changing Section 7 as follows:
8 (5 ILCS 140/7) (from Ch. 116, par. 207)
9 Sec. 7. Exemptions.
10 (1) The following shall be exempt from inspection and
11 copying:
12 (a) Information specifically prohibited from
13 disclosure by federal or State law or rules and
14 regulations adopted under federal or State law.
15 (b) Information that, if disclosed, would
16 constitute a clearly unwarranted invasion of personal
17 privacy, unless the disclosure is consented to in writing
18 by the individual subjects of the information. The
19 disclosure of information that bears on the public duties
20 of public employees and officials shall not be considered
21 an invasion of personal privacy. Information exempted
22 under this subsection (b) shall include but is not
23 limited to:
24 (i) files and personal information maintained
25 with respect to clients, patients, residents,
26 students or other individuals receiving social,
27 medical, educational, vocational, financial,
28 supervisory or custodial care or services directly
29 or indirectly from federal agencies or public
30 bodies;
31 (ii) personnel files and personal information
32 maintained with respect to employees, appointees or
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1 elected officials of any public body or applicants
2 for those positions;
3 (iii) files and personal information
4 maintained with respect to any applicant, registrant
5 or licensee by any public body cooperating with or
6 engaged in professional or occupational
7 registration, licensure or discipline;
8 (iv) information required of any taxpayer in
9 connection with the assessment or collection of any
10 tax unless disclosure is otherwise required by State
11 statute; and
12 (v) information revealing the identity of
13 persons who file complaints with or provide
14 information to administrative, investigative, law
15 enforcement or penal agencies; provided, however,
16 that identification of witnesses to traffic
17 accidents, traffic accident reports, and rescue
18 reports may be provided by agencies of local
19 government, except in a case for which a criminal
20 investigation is ongoing, without constituting a
21 clearly unwarranted per se invasion of personal
22 privacy under this subsection.
23 (c) Records compiled by any public body for
24 administrative enforcement proceedings and any law
25 enforcement or correctional agency for law enforcement
26 purposes or for internal matters of a public body, but
27 only to the extent that disclosure would:
28 (i) interfere with pending or actually and
29 reasonably contemplated law enforcement proceedings
30 conducted by any law enforcement or correctional
31 agency;
32 (ii) interfere with pending administrative
33 enforcement proceedings conducted by any public
34 body;
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1 (iii) deprive a person of a fair trial or an
2 impartial hearing;
3 (iv) unavoidably disclose the identity of a
4 confidential source or confidential information
5 furnished only by the confidential source;
6 (v) disclose unique or specialized
7 investigative techniques other than those generally
8 used and known or disclose internal documents of
9 correctional agencies related to detection,
10 observation or investigation of incidents of crime
11 or misconduct;
12 (vi) constitute an invasion of personal
13 privacy under subsection (b) of this Section;
14 (vii) endanger the life or physical safety of
15 law enforcement personnel or any other person; or
16 (viii) obstruct an ongoing criminal
17 investigation.
18 (d) Criminal history record information maintained
19 by State or local criminal justice agencies, except the
20 following which shall be open for public inspection and
21 copying:
22 (i) chronologically maintained arrest
23 information, such as traditional arrest logs or
24 blotters;
25 (ii) the name of a person in the custody of a
26 law enforcement agency and the charges for which
27 that person is being held;
28 (iii) court records that are public;
29 (iv) records that are otherwise available
30 under State or local law; or
31 (v) records in which the requesting party is
32 the individual identified, except as provided under
33 part (vii) of paragraph (c) of subsection (1) of
34 this Section.
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1 "Criminal history record information" means data
2 identifiable to an individual and consisting of
3 descriptions or notations of arrests, detentions,
4 indictments, informations, pre-trial proceedings, trials,
5 or other formal events in the criminal justice system or
6 descriptions or notations of criminal charges (including
7 criminal violations of local municipal ordinances) and
8 the nature of any disposition arising therefrom,
9 including sentencing, court or correctional supervision,
10 rehabilitation and release. The term does not apply to
11 statistical records and reports in which individuals are
12 not identified and from which their identities are not
13 ascertainable, or to information that is for criminal
14 investigative or intelligence purposes.
15 (e) Records that relate to or affect the security
16 of correctional institutions and detention facilities.
17 (f) Preliminary drafts, notes, recommendations,
18 memoranda and other records in which opinions are
19 expressed, or policies or actions are formulated, except
20 that a specific record or relevant portion of a record
21 shall not be exempt when the record is publicly cited and
22 identified by the head of the public body. The exemption
23 provided in this paragraph (f) extends to all those
24 records of officers and agencies of the General Assembly
25 that pertain to the preparation of legislative documents.
26 (g) Trade secrets and commercial or financial
27 information obtained from a person or business where the
28 trade secrets or information are proprietary, privileged
29 or confidential, or where disclosure of the trade secrets
30 or information may cause competitive harm, including all
31 information determined to be confidential under Section
32 4002 of the Technology Advancement and Development Act.
33 Nothing contained in this paragraph (g) shall be
34 construed to prevent a person or business from consenting
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1 to disclosure.
2 (h) Proposals and bids for any contract, grant, or
3 agreement, including information which if it were
4 disclosed would frustrate procurement or give an
5 advantage to any person proposing to enter into a
6 contractor agreement with the body, until an award or
7 final selection is made. Information prepared by or for
8 the body in preparation of a bid solicitation shall be
9 exempt until an award or final selection is made.
10 (i) Valuable formulae, designs, drawings and
11 research data obtained or produced by any public body
12 when disclosure could reasonably be expected to produce
13 private gain or public loss.
14 (j) Test questions, scoring keys and other
15 examination data used to administer an academic
16 examination or determined the qualifications of an
17 applicant for a license or employment.
18 (k) Architects' plans and engineers' technical
19 submissions for projects not constructed or developed in
20 whole or in part with public funds and for projects
21 constructed or developed with public funds, to the extent
22 that disclosure would compromise security.
23 (l) Library circulation and order records
24 identifying library users with specific materials.
25 (m) Minutes of meetings of public bodies closed to
26 the public as provided in the Open Meetings Act until the
27 public body makes the minutes available to the public
28 under Section 2.06 of the Open Meetings Act.
29 (n) Communications between a public body and an
30 attorney or auditor representing the public body that
31 would not be subject to discovery in litigation, and
32 materials prepared or compiled by or for a public body in
33 anticipation of a criminal, civil or administrative
34 proceeding upon the request of an attorney advising the
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1 public body, and materials prepared or compiled with
2 respect to internal audits of public bodies.
3 (o) Information received by a primary or secondary
4 school, college or university under its procedures for
5 the evaluation of faculty members by their academic
6 peers.
7 (p) Administrative or technical information
8 associated with automated data processing operations,
9 including but not limited to software, operating
10 protocols, computer program abstracts, file layouts,
11 source listings, object modules, load modules, user
12 guides, documentation pertaining to all logical and
13 physical design of computerized systems, employee
14 manuals, and any other information that, if disclosed,
15 would jeopardize the security of the system or its data
16 or the security of materials exempt under this Section.
17 (q) Documents or materials relating to collective
18 negotiating matters between public bodies and their
19 employees or representatives, except that any final
20 contract or agreement shall be subject to inspection and
21 copying.
22 (r) Drafts, notes, recommendations and memoranda
23 pertaining to the financing and marketing transactions of
24 the public body. The records of ownership, registration,
25 transfer, and exchange of municipal debt obligations, and
26 of persons to whom payment with respect to these
27 obligations is made.
28 (s) The records, documents and information relating
29 to real estate purchase negotiations until those
30 negotiations have been completed or otherwise terminated.
31 With regard to a parcel involved in a pending or actually
32 and reasonably contemplated eminent domain proceeding
33 under Article VII of the Code of Civil Procedure,
34 records, documents and information relating to that
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1 parcel shall be exempt except as may be allowed under
2 discovery rules adopted by the Illinois Supreme Court.
3 The records, documents and information relating to a real
4 estate sale shall be exempt until a sale is consummated.
5 (t) Any and all proprietary information and records
6 related to the operation of an intergovernmental risk
7 management association or self-insurance pool or jointly
8 self-administered health and accident cooperative or
9 pool.
10 (u) Information concerning a university's
11 adjudication of student or employee grievance or
12 disciplinary cases, to the extent that disclosure would
13 reveal the identity of the student or employee and
14 information concerning any public body's adjudication of
15 student or employee grievances or disciplinary cases,
16 except for the final outcome of the cases.
17 (v) Course materials or research materials used by
18 faculty members.
19 (w) Information related solely to the internal
20 personnel rules and practices of a public body.
21 (x) Information contained in or related to
22 examination, operating, or condition reports prepared by,
23 on behalf of, or for the use of a public body responsible
24 for the regulation or supervision of financial
25 institutions or insurance companies, unless disclosure is
26 otherwise required by State law.
27 (y) Information the disclosure of which is
28 restricted under Section 5-108 of the Public Utilities
29 Act.
30 (z) Manuals or instruction to staff that relate to
31 establishment or collection of liability for any State
32 tax or that relate to investigations by a public body to
33 determine violation of any criminal law.
34 (aa) Applications, related documents, and medical
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1 records received by the Experimental Organ
2 Transplantation Procedures Board and any and all
3 documents or other records prepared by the Experimental
4 Organ Transplantation Procedures Board or its staff
5 relating to applications it has received.
6 (bb) Insurance or self insurance (including any
7 intergovernmental risk management association or self
8 insurance pool) claims, loss or risk management
9 information, records, data, advice or communications.
10 (cc) Information and records held by the Department
11 of Public Health and its authorized representatives
12 relating to known or suspected cases of sexually
13 transmissible disease or any information the disclosure
14 of which is restricted under the Illinois Sexually
15 Transmissible Disease Control Act.
16 (dd) Information the disclosure of which is
17 exempted under Section 30 of the Radon Industry Licensing
18 Act.
19 (ee) Firm performance evaluations under Section 55
20 of the Architectural, Engineering, and Land Surveying
21 Qualifications Based Selection Act.
22 (ff) Security portions of system safety program
23 plans, investigation reports, surveys, schedules, lists,
24 data, or information compiled, collected, or prepared by
25 or for the Regional Transportation Authority under
26 Section 2.11 of the Regional Transportation Authority Act
27 or the State of Missouri under the Bi-State Transit
28 Safety Act.
29 (gg) (ff) Information the disclosure of which is
30 restricted and exempted under Section 50 of the Illinois
31 Prepaid Tuition Act.
32 (hh) Information the disclosure of which is
33 exempted under Section 80 of the State Gift Ban Act.
34 (2) This Section does not authorize withholding of
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1 information or limit the availability of records to the
2 public, except as stated in this Section or otherwise
3 provided in this Act.
4 (Source: P.A. 90-262, eff. 7-30-97; 90-273, eff. 7-30-97;
5 90-546, eff. 12-1-97; revised 12-24-97.)
6 (5 ILCS 420/3-101 rep.)
7 Section 215. The Illinois Governmental Ethics Act is
8 amended by repealing Section 3-101.
9 Section 220. The Election Code is amended by changing
10 Sections 9-1.7, 9-1.8, 9-1.9, 9-1.12, 9-3, 9-6, 9-10, 9-11,
11 9-12, 9-13, 9-14, 9-23, 9-26, and 9-28 and adding Sections
12 9-7.5, 9-8.10, 9-8.15, 9-9.5, and 9-27.5 as follows:
13 (10 ILCS 5/9-1.7) (from Ch. 46, par. 9-1.7)
14 Sec. 9-1.7. "Local political committee" means the
15 candidate himself or any individual, trust, partnership,
16 committee, association, corporation, or any other
17 organization or group of persons which--
18 (a) accepts contributions or grants or makes
19 expenditures during any 12-month period in an aggregate
20 amount exceeding $3,000 $1,000 on behalf of or in opposition
21 to a candidate or candidates for public office who are
22 required by the Illinois Governmental Ethics Act to file
23 statements of economic interests with the county clerk, or on
24 behalf of or in opposition to a candidate or candidates for
25 election to the office of ward or township committeeman in
26 counties of 3,000,000 or more population.
27 (b) accepts contributions or makes expenditures during
28 any 12-month period in an aggregate amount exceeding $3,000
29 $1,000 in support of or in opposition to any question of
30 public policy to be submitted to the electors of an area
31 encompassing no more than one county, or
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1 (c) accepts contributions or makes expenditures during
2 any 12-month period in an aggregate amount exceeding $3,000
3 $1,000 and has as its primary purpose the furtherance of
4 governmental, political or social values, is organized on a
5 not-for-profit basis, and which publicly endorses or publicly
6 opposes a candidate or candidates for public office who are
7 required by the Illinois Governmental Ethics Act to file
8 statements of economic interest with the County Clerk or a
9 candidate or candidates for the office of ward or township
10 committeeman in counties of 3,000,000 or more population.
11 (Source: P.A. 89-405, eff. 11-8-95.)
12 (10 ILCS 5/9-1.8) (from Ch. 46, par. 9-1.8)
13 Sec. 9-1.8. "State political committee" means the
14 candidate himself or any individual, trust, partnership,
15 committee, association, corporation, or any other
16 organization or group of persons which--
17 (a) accepts contributions or grants or makes
18 expenditures during any 12-month period in an aggregate
19 amount exceeding $3,000 $1,000 on behalf of or in opposition
20 to a candidate or candidates for public office who are
21 required by the Illinois Governmental Ethics Act to file
22 statements of economic interests with the Secretary of State,
23 (b) accepts contributions or makes expenditures during
24 any 12-month period in an aggregate amount exceeding $3,000
25 in support of or in opposition to any question of public
26 policy to be submitted to the electors of an area
27 encompassing more than one county, or
28 (c) accepts contributions or makes expenditures during
29 any 12-month period in an aggregate amount exceeding $3,000
30 $1,000 ($3,000 in the case of question of public policy to be
31 submitted to the electors of an area encompassing more than
32 one county) and has as its primary purpose the furtherance of
33 governmental, political or social values, is organized on a
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1 not-for-profit basis, and which publicly endorses or publicly
2 opposes a candidate or candidates for public office who are
3 required by the Illinois Governmental Ethics Act to file
4 statements of economic interest with the Secretary of State.
5 (Source: P.A. 80-1495.)
6 (10 ILCS 5/9-1.9) (from Ch. 46, par. 9-1.9)
7 Sec. 9-1.9. "Political committee" includes State central
8 and county central committees of any political party, and
9 also includes local political committees and state political
10 committees, but does not include any candidate who does not
11 accept contributions or make expenditures during any 12-month
12 period in an aggregate amount exceeding $3,000 $1,000, nor
13 does it include, with the exception of State central and
14 county central committees of any political party, any
15 individual, trust, partnership, committee, association,
16 corporation, or any other organization or group of persons
17 which does not accept contributions or make expenditures
18 during any 12-month period in an aggregate amount exceeding
19 $3,000 $1,000 on behalf of or in opposition to a candidate or
20 candidates or to any question of public policy to be
21 submitted to the electors of an area encompassing no more
22 than one county (or $3,000 in support of or in opposition to
23 any question of public policy to be submitted to the electors
24 of an area encompassing more than one county), and such
25 candidates and persons shall not be required to comply with
26 any filing provisions in this Article.
27 (Source: P.A. 80-767.)
28 (10 ILCS 5/9-1.12) (from Ch. 46, par. 9-1.12)
29 Sec. 9-1.12. Anything of value includes all things,
30 services, or goods, regardless of whether they may be valued
31 in monetary terms according to ascertainable market value.
32 Anything of value which does not have an ascertainable market
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1 value must may be reported by describing the thing, services,
2 or goods contributed and by using the contributor's certified
3 market value required under Section 9-6.
4 (Source: P.A. 78-1183.)
5 (10 ILCS 5/9-3) (from Ch. 46, par. 9-3)
6 Sec. 9-3. Every state political committee and every
7 local political committee shall file with the State Board of
8 Elections, and every local political committee shall file
9 with the county clerk, a statement of organization within 10
10 business days of the creation of such committee, except any
11 political committee created within the 30 days before an
12 election shall file a statement of organization within 5
13 business days. A political committee that acts as both a
14 state political committee and a local political committee
15 shall file a copy of each statement of organization with the
16 State Board of Elections and the county clerk.
17 The statement of organization shall include -
18 (a) the name and address of the political committee (the
19 name of the political committee must include the name of any
20 sponsoring entity);
21 (b) the scope, area of activity, party affiliation,
22 candidate affiliation and his county of residence, and
23 purposes of the political committee;
24 (c) the name, address, and position of each custodian of
25 the committee's books and accounts;
26 (d) the name, address, and position of the committee's
27 principal officers, including the chairman, treasurer, and
28 officers and members of its finance committee, if any;
29 (e) (Blank);
30 (f) a statement of what specific disposition of residual
31 fund will be made in the event of the dissolution or
32 termination of the committee;
33 (g) a listing of all banks or other financial
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1 institutions, safety deposit boxes, and any other
2 repositories or custodians of funds used by the committee;
3 (h) the amount of funds available for campaign
4 expenditures as of the filing date of the committee's
5 statement of organization.
6 For purposes of this Section, a "sponsoring entity" is
7 (i) any person, political committee, organization,
8 corporation, or association that contributes at least 33% of
9 the total funding of the political committee or (ii) any
10 person or other entity that is registered or is required to
11 register under the Lobbyist Registration Act and contributes
12 at least 33% of the total funding of the political committee.
13 (Source: P.A. 90-495, eff. 1-1-98.)
14 (10 ILCS 5/9-6) (from Ch. 46, par. 9-6)
15 Sec. 9-6. Accounting for contributions.
16 (a) Every person who receives a contribution in excess
17 of $20 for a political committee shall, on demand of the
18 treasurer, and in any event within 5 days after receipt of
19 such contribution, render to the treasurer a detailed account
20 thereof, including the amount, the name and address of the
21 person making such contribution, and the date on which it was
22 received.
23 (b) Within 5 business days of contributing goods or
24 services of more than $50 value to a political committee, the
25 contributor shall certify the value of the contribution to
26 the political committee on forms prescribed by the State
27 Board of Elections. The forms shall include the name and
28 address of the contributor, a description and market value of
29 the goods or services, and the date on which the contribution
30 was made.
31 (c) All funds of a political committee shall be
32 segregated from, and may not be commingled with, any personal
33 funds of officers, members, or associates of such committee.
-35- LRB9003586JMdvam01
1 (Source: P.A. 78-1183.)
2 (10 ILCS 5/9-7.5 new)
3 Sec. 9-7.5. Nonprofit organization registration and
4 disclosure.
5 (a) Each nonprofit organization, except for a labor
6 union (i) registered under the Lobbyist Registration Act or
7 for which lobbying is undertaken by persons registered under
8 that Act, (ii) that has not established a political
9 committee, and (iii) that accepts contributions or makes
10 expenditures during any 12-month period in an aggregate
11 amount exceeding $5,000 (I) on behalf of or in opposition to
12 public officials, candidates for public office, or a question
13 of public policy and (II) for the purpose of influencing
14 legislative, executive, or administrative action as defined
15 in the Lobbyist Registration Act shall register with the
16 State Board of Elections. The Board by rule shall prescribe
17 the registration procedure and form. The registration form
18 shall require the following information:
19 (1) The registrant's name, address, and purpose.
20 (2) The name, address, and position of each
21 custodian of the registrant's financial books, accounts,
22 and records.
23 (3) The name, address, and position of each of the
24 registrant's principal officers.
25 (b) Each nonprofit organization required to register
26 under subsection (a) shall file contribution and expenditure
27 reports with the Board. The Board by rule shall prescribe
28 the form, which shall require the following information:
29 (1) The organization's name, address, and purpose.
30 (2) The amount of funds on hand at the beginning of
31 the reporting period.
32 (3) The full name and address of each person who
33 has made one or more contributions to or for the
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1 organization within the reporting period in an aggregate
2 amount or value in excess of $150, together with the
3 amount and date of the contributions, and if a
4 contributor is an individual who contributed more than
5 $500, the occupation and employer of the contributor or,
6 if the occupation and employer of the contributor are
7 unknown, a statement that the organization has made a
8 good faith effort to ascertain this information.
9 (4) The total sum of individual contributions made
10 to or for the organization during the reporting period
11 and not reported in item (3).
12 (5) The name and address of each organization and
13 political committee from which the reporting organization
14 received, or to which that organization made, any
15 transfer of funds in an aggregate amount or value in
16 excess of $150, together with the amounts and dates of
17 the transfers.
18 (6) The total sum of transfers made to or from the
19 organization during the reporting period and not reported
20 in item (5).
21 (7) Each loan to or from any person within the
22 reporting period by or to the organization in an
23 aggregate amount or value in excess of $150, together
24 with the full names and mailing addresses of the lender
25 and endorsers, if any, and the date and amount of the
26 loans, and if a lender or endorser is an individual who
27 loaned or endorsed a loan of more than $500, the
28 occupation and employer of the individual or, if the
29 occupation and employer of the individual are unknown, a
30 statement that the organization has made a good faith
31 effort to ascertain this information.
32 (8) The total amount of proceeds received by the
33 organization from (i) the sale of tickets for each
34 dinner, luncheon, cocktail party, rally, and other
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1 fundraising event, (ii) mass collections made at those
2 events, and (iii) sales of items such as buttons, badges,
3 flags, emblems, hats, banners, literature, and similar
4 materials.
5 (9) Each contribution, rebate, refund, or other
6 receipt in excess of $150 received by the organization
7 not otherwise listed under items (3) through (8), and if
8 a contributor is an individual who contributed more than
9 $500, the occupation and employer of the contributor or,
10 if the occupation and employer of the contributor are
11 unknown, a statement that the organization has made a
12 good faith effort to ascertain this information.
13 (10) The total sum of all receipts by or for the
14 organization during the reporting period.
15 (11) The full name and mailing address of each
16 person to whom expenditures have been made by the
17 organization within the reporting period in an aggregate
18 amount or value in excess of $150, the amount, date, and
19 purpose of each expenditure, and the question of public
20 policy on behalf of which the expenditure was made.
21 (12) The full name and mailing address of each
22 person to whom an expenditure for personal services,
23 salaries, and reimbursed expenses in excess of $150 has
24 been made and which is not otherwise reported, including
25 the amount, date, and purpose of the expenditure.
26 (13) The total sum of expenditures made by the
27 organization during the reporting period.
28 (14) The full name and mailing address of each
29 person to whom the organization owes debts or obligations
30 in excess of $150 and the amount of the debts or
31 obligations.
32 The State Board by rule shall define a "good faith
33 effort".
34 (c) The reports required under subsection (b) shall be
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1 filed at the same times and for the same reporting periods as
2 reports of campaign contributions and semi-annual reports of
3 campaign contributions and expenditures required by this
4 Article of political committees. The reports required under
5 subsection (b) shall be available for public inspection and
6 copying in the same manner as reports filed by political
7 committees. The Board may charge a fee that covers the costs
8 of copying and distribution, if any.
9 (d) An organization required to file reports under
10 subsection (b) shall include a statement on all literature
11 and advertisements soliciting funds stating the following:
12 "A copy of our report filed with the State Board of
13 Elections is (or will be) available for purchase from the
14 State Board of Elections, Springfield, Illinois".
15 (10 ILCS 5/9-8.10 new)
16 Sec. 9-8.10. Use of political committee and other
17 reporting organization funds.
18 (a) A political committee, or organization subject to
19 Section 9-7.5, shall not make expenditures:
20 (1) In violation of any law of the United States or
21 of this State.
22 (2) Clearly in excess of the fair market value of
23 the services, materials, facilities, or other things of
24 value received in exchange.
25 (3) For satisfaction or repayment of any debts
26 other than loans made to the committee or to the public
27 official or candidate on behalf of the committee or
28 repayment of goods and services purchased by the
29 committee under a credit agreement. Nothing in this
30 Section authorizes the use of campaign funds to repay
31 personal loans. The repayments shall be made by check
32 written to the person who made the loan or credit
33 agreement. The terms and conditions of any loan or
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1 credit agreement to a committee shall be set forth in a
2 written agreement, including but not limited to the
3 method and amount of repayment, that shall be executed by
4 the chairman or treasurer of the committee at the time of
5 the loan or credit agreement. The loan or agreement
6 shall also set forth the rate of interest for the loan,
7 if any, which may not substantially exceed the prevailing
8 market interest rate at the time the agreement is
9 executed.
10 (4) For the satisfaction or repayment of any debts
11 or for the payment of any expenses relating to a personal
12 residence. Campaign funds may not be used as collateral
13 for home mortgages.
14 (5) For clothing or personal laundry expenses,
15 except clothing items rented by the public official or
16 candidate for his or her own use exclusively for a
17 specific campaign-related event, provided that committees
18 may purchase costumes, novelty items, or other
19 accessories worn primarily to advertise the candidacy.
20 (6) For the travel expenses of any person unless
21 the travel is necessary for fulfillment of political,
22 governmental, or public policy duties, activities, or
23 purposes.
24 (7) For membership or club dues charged by
25 organizations, clubs, or facilities that are primarily
26 engaged in providing health, exercise, or recreational
27 services; provided, however, that funds received under
28 this Article may be used to rent the clubs or facilities
29 for a specific campaign-related event.
30 (8) In payment for anything of value or for
31 reimbursement of any expenditure for which any person has
32 been reimbursed by the State or any person. For purposes
33 of this item (8), a per diem allowance is not a
34 reimbursement.
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1 (9) For the purchase of or installment payment for
2 a motor vehicle unless the political committee can
3 demonstrate that purchase of a motor vehicle is more
4 cost-effective than leasing a motor vehicle as permitted
5 under this item (9). A political committee may lease or
6 purchase and insure, maintain, and repair a motor vehicle
7 if the vehicle will be used primarily for campaign
8 purposes or for the performance of governmental duties.
9 A committee shall not make expenditures for use of the
10 vehicle for non-campaign or non-governmental purposes.
11 Persons using vehicles not purchased or leased by a
12 political committee may be reimbursed for actual mileage
13 for the use of the vehicle for campaign purposes or for
14 the performance of governmental duties. The mileage
15 reimbursements shall be made at a rate not to exceed the
16 standard mileage rate method for computation of business
17 expenses under the Internal Revenue Code.
18 (10) Directly for an individual's tuition or other
19 educational expenses, except for governmental or
20 political purposes directly related to a candidate's or
21 public official's duties and responsibilities.
22 (11) For payments to a public official or candidate
23 or his or her family member unless for compensation for
24 services actually rendered by that person. The provisions
25 of this item (11) do not apply to expenditures by a
26 political committee in an aggregate amount not exceeding
27 the amount of funds reported to and certified by the
28 State Board or county clerk as available as of June 30,
29 1998, in the semi-annual report of contributions and
30 expenditures filed by the political committee for the
31 period concluding June 30, 1998.
32 (b) The Board shall have the authority to investigate,
33 upon receipt of a verified complaint, violations of the
34 provisions of this Section. The Board may levy a fine on any
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1 person who knowingly makes expenditures in violation of this
2 Section and on any person who knowingly makes a malicious and
3 false accusation of a violation of this Section. The Board
4 may act under this subsection only upon the affirmative vote
5 of at least 5 of its members. The fine shall not exceed $500
6 for each expenditure of $500 or less and shall not exceed the
7 amount of the expenditure plus $500 for each expenditure
8 greater than $500. The Board shall also have the authority
9 to render rulings and issue opinions relating to compliance
10 with this Section.
11 (10 ILCS 5/9-8.15 new)
12 Sec. 9-8.15. Contributions on State property.
13 Contributions shall not be knowingly offered or accepted on a
14 face-to-face basis by public officials or employees or by
15 candidates on State property except as provided in this
16 Section.
17 Contributions may be solicited, offered, or accepted on
18 State property on a face-to-face basis by public officials or
19 employees or by candidates at a fundraising event for which
20 the State property is leased or rented.
21 Anyone who knowingly offers or accepts contributions on
22 State property in violation of this Section is guilty of a
23 business offense subject to a fine of $5,000, except that for
24 contributions offered or accepted for State officers and
25 candidates and political committees formed for statewide
26 office, the fine shall not exceed $10,000. For the purpose
27 of this Section, "statewide office" and "State officer" means
28 the Governor, Lieutenant Governor, Attorney General,
29 Secretary of State, Comptroller, and Treasurer.
30 (10 ILCS 5/9-9.5 new)
31 Sec. 9-9.5. Disclosure on political literature. Any
32 pamphlet, circular, handbill, advertisement, or other
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1 political literature that supports or opposes any public
2 official, candidate for public office, or question of public
3 policy, or that would have the effect of supporting or
4 opposing any public official, candidate for public office, or
5 question of public policy, shall contain the name of the
6 individual or organization that authorized, caused to be
7 authorized, paid for, caused to be paid for, or distributed
8 the pamphlet, circular, handbill, advertisement, or other
9 political literature. If the individual or organization
10 includes an address, it must be an actual personal or
11 business address of the individual or business address of the
12 organization.
13 This Section does not apply to items, the size of which
14 is not sufficient to contain the required disclosure.
15 (10 ILCS 5/9-10) (from Ch. 46, par. 9-10)
16 Sec. 9-10. Financial reports.
17 (a) The treasurer of every state political committee and
18 the treasurer of every local political committee shall file
19 with the Board, and the treasurer of every local political
20 committee shall file with the county clerk, reports of
21 campaign contributions, and semi-annual reports of campaign
22 contributions and expenditures on forms to be prescribed or
23 approved by the Board. The treasurer of every political
24 committee that acts as both a state political committee and a
25 local political committee shall file a copy of each report
26 with the State Board of Elections and the county clerk.
27 Entities subject to Section 9-7.5 shall file reports required
28 by that Section at times provided in this Section and are
29 subject to the penalties provided in this Section.
30 (b) Reports of campaign contributions shall be filed no
31 later than the 15th day next preceding each election
32 including a primary election in connection with which the
33 political committee has accepted or is accepting
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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. The Board shall
4 assess a civil penalty not to exceed $5,000 for a violation
5 of this subsection, except that for State officers and
6 candidates and political committees formed for statewide
7 office, the civil penalty may not exceed $10,000. The fine,
8 however, shall not exceed $500 for a first filing violation
9 for filing less than 10 days after the deadline. There shall
10 be no fine if the report is mailed and postmarked at least 72
11 hours prior to the filing deadline. For the purpose of this
12 subsection, "statewide office" and "State officer" means the
13 Governor, Lieutenant Governor, Attorney General, Secretary of
14 State, Comptroller, and Treasurer, except that any
15 contribution of $500 or more received in the interim between
16 the last date of the period covered by the last report filed
17 prior to the election and the date of the election shall be
18 reported within 2 business days after its receipt. However,
19 a continuing political committee that neither accepts
20 contributions nor makes expenditures on behalf of or in
21 opposition to any candidate or public question on the ballot
22 at an election shall not be required to file the reports
23 heretofore prescribed but may file in lieu thereof a
24 Statement of Nonparticipation in the Election with the Board
25 or the Board and the county clerk.
26 (b-5) Notwithstanding the provisions of subsection (b),
27 any contribution of $500 or more received in the interim
28 between the last date of the period covered by the last
29 report filed under subsection (b) prior to the election and
30 the date of the election shall be reported within 2 business
31 days after its receipt. The State Board shall allow filings
32 under this subsection (b-5) to be made by facsimile
33 transmission. For the purpose of this subsection, a
34 contribution is considered received on the date the public
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1 official, candidate, or political committee (or equivalent
2 person in the case of a reporting entity other than a
3 political committee) actually receives it or, in the case of
4 goods or services, 2 days after the date the public official,
5 candidate, committee, or other reporting entity receives the
6 certification required under subsection (b) of Section 9-6.
7 Failure to report each contribution is a separate violation
8 of this subsection. The Board shall impose fines for
9 violations of this subsection as follows:
10 (1) if the political committee's or other reporting
11 entity's total receipts, total expenditures, and balance
12 remaining at the end of the last reporting period were
13 each $5,000 or less, then $100 per business day for the
14 first violation, $200 per business day for the second
15 violation, and $300 per business day for the third and
16 subsequent violations.
17 (2) if the political committee's or other reporting
18 entity's total receipts, total expenditures, and balance
19 remaining at the end of the last reporting period were
20 each more than $5,000, then $200 per business day for the
21 first violation, $400 per business day for the second
22 violation, and $600 per business day for the third and
23 subsequent violations.
24 (c) In addition to such reports the treasurer of every
25 political committee shall file semi-annual reports of
26 campaign contributions and expenditures no later than July
27 31st, covering the period from January 1st through June 30th
28 immediately preceding, and no later than January 31st,
29 covering the period from July 1st through December 31st of
30 the preceding calendar year. Reports of contributions and
31 expenditures must be filed to cover the prescribed time
32 periods even though no contributions or expenditures may have
33 been received or made during the period. The Board shall
34 assess a civil penalty not to exceed $5,000 for a violation
-45- LRB9003586JMdvam01
1 of this subsection, except that for State officers and
2 candidates and political committees formed for statewide
3 office, the civil penalty may not exceed $10,000. The fine,
4 however, shall not exceed $500 for a first filing violation
5 for filing less than 10 days after the deadline. There shall
6 be no fine if the report is mailed and postmarked at least 72
7 hours prior to the filing deadline. For the purpose of this
8 subsection, "statewide office" and "State officer" means the
9 Governor, Lieutenant Governor, Attorney General, Secretary of
10 State, Comptroller, and Treasurer.
11 (d) A copy of each report or statement filed under this
12 Article shall be preserved by the person filing it for a
13 period of two years from the date of filing.
14 (Source: P.A. 86-873.)
15 (10 ILCS 5/9-11) (from Ch. 46, par. 9-11)
16 Sec. 9-11. Each report of campaign contributions under
17 Section 9-10 shall disclose-
18 (1) the name and address of the political committee;
19 (2) (Blank);
20 (3) the amount of funds on hand at the beginning of the
21 reporting period;
22 (4) the full name and mailing address of each person who
23 has made one or more contributions to or for such committee
24 within the reporting period in an aggregate amount or value
25 in excess of $150, together with the amount and date of such
26 contributions, and if a contributor is an individual who
27 contributed more than $500, the occupation and employer of
28 the contributor or, if the occupation and employer of the
29 contributor are unknown, a statement that the committee has
30 made a good faith effort to ascertain this information;
31 (5) the total sum of individual contributions made to or
32 for such committee during the reporting period and not
33 reported under item (4);
-46- LRB9003586JMdvam01
1 (6) the name and address of each political committee
2 from which the reporting committee received, or to which that
3 committee made, any transfer of funds, in any aggregate
4 amount or value in excess of $150, together with the amounts
5 and dates of all transfers;
6 (7) the total sum of transfers made to or from such
7 committee during the reporting period and not reported under
8 item (6);
9 (8) each loan to or from any person within the reporting
10 period by or to such committee in an aggregate amount or
11 value in excess of $150, together with the full names and
12 mailing addresses of the lender and endorsers, if any, and
13 the date and amount of such loans, and if a lender or
14 endorser is an individual who loaned or endorsed a loan of
15 more than $500, the occupation and employer of that
16 individual, or if the occupation and employer of the
17 individual are unknown, a statement that the committee has
18 made a good faith effort to ascertain this information;
19 (9) the total amount of proceeds received by such
20 committee from (a) the sale of tickets for each dinner,
21 luncheon, cocktail party, rally, and other fund-raising
22 events; (b) mass collections made at such events; and (c)
23 sales of items such as political campaign pins, buttons,
24 badges, flags, emblems, hats, banners, literature, and
25 similar materials;
26 (10) each contribution, rebate, refund, or other receipt
27 in excess of $150 received by such committee not otherwise
28 listed under items (4) through (9), and if a contributor is
29 an individual who contributed more than $500, the occupation
30 and employer of the contributor or, if the occupation and
31 employer of the contributor are unknown, a statement that the
32 committee has made a good faith effort to ascertain this
33 information;
34 (11) the total sum of all receipts by or for such
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1 committee or candidate during the reporting period.
2 The Board shall by rule define a "good faith effort".
3 The reports of campaign contributions filed under this
4 Article shall be cumulative during the reporting period to
5 which they relate.
6 (Source: P.A. 90-495, eff. 1-1-98.)
7 (10 ILCS 5/9-12) (from Ch. 46, par. 9-12)
8 Sec. 9-12. Each report of campaign contributions
9 required by Section 9-10 of this Article to be filed with the
10 Board or the Board and the county clerk shall be verified,
11 dated, and signed by either the treasurer of the political
12 committee making the report or the candidate on whose behalf
13 the report is made, and shall contain substantially the
14 following:
15 REPORT OF CAMPAIGN CONTRIBUTIONS
16 (1) name and address of the political committee:
17 .............................................................
18 (2) the date of the beginning of the reporting period, and
19 the amount of funds on hand at the beginning of the reporting
20 period:
21 .............................................................
22 (3) the full name and mailing address of each person who has
23 made one or more contributions to or for the committee within
24 the reporting period in an aggregate amount or value in
25 excess of $150, together with the amount and date of such
26 contributions, and if a contributor is an individual who
27 contributed more than $500, the occupation and employer of
28 each contributor or, if the occupation and employer of the
29 contributor are unknown, a statement that the committee has
30 made a good faith effort to ascertain this information:
31 name address amount date occupation employer
32 .... ....... ...... .... .......... ........
33 .... ....... ...... .... .......... ........
-48- LRB9003586JMdvam01
1 .... ....... ...... .... .......... ........
2 .... ....... ...... .... .......... ........
3 .... ....... ...... .... .......... ........
4 (4) the total sum of individual contributions made to or for
5 the committee during the reporting period and not reported
6 under item (3) -
7 .............................................................
8 (5) the name and address of each political committee from
9 which the reporting committee received, or to which that
10 committee made, any transfer of funds, in an aggregate amount
11 or value in excess of $150, together with the amounts and
12 dates of all transfers:
13 name address amount date
14 .......... .......... .......... ..........
15 .......... .......... .......... ..........
16 .......... .......... .......... ..........
17 (6) the total sum of transfers made to or from such
18 committee during the reporting period and not under item (5):
19 .............................................................
20 (7) each loan to or from any person within the reporting
21 period by or to the committee in an aggregate amount or value
22 in excess of $150, together with the full names and mailing
23 addresses of the lender and endorsers, if any, and the date
24 and amount of such loans, and if a lender or endorser is an
25 individual who loaned or endorsed a loan of more than $500,
26 the occupation and employer of each person making the loan,
27 or if the occupation and employer of the individual are
28 unknown, a statement that the committee has made a good faith
29 effort to ascertain this information:
30 (8) the total amount of proceeds received by the committee
31 from (a) the sale of tickets for each dinner, luncheon,
32 cocktail party, rally, and other fund-raising events; (b)
33 mass collections made at such events; and (c) sales of items
34 such as political campaign pins, buttons, badges, flags,
-49- LRB9003586JMdvam01
1 emblems, hats, banners, literature, and similar materials:
2 (a)..........................................................
3 (b)..........................................................
4 (c)..........................................................
5 (9) each contribution, rebate, refund, or other receipt in
6 excess of $150 received by the committee not otherwise listed
7 under items (3) through (8), and if the contributor is an
8 individual who contributed more than $500, the occupation and
9 employer of each contributor or, if the occupation and
10 employer of the contributor are unknown, a statement that the
11 committee has made a good faith effort to ascertain this
12 information:
13 name address amount date occupation employer
14 .... ....... ...... .... .......... ........
15 .... ....... ...... .... .......... ........
16 (10) the total sum of all receipts by or for the committee
17 during the reporting period:
18 .............................................................
19 VERIFICATION:
20 "I declare that this report of campaign contributions
21 (including any accompanying schedules and statements) has
22 been examined by me and to the best of my knowledge and
23 belief is a true, correct and complete report as required by
24 Article 9 of The Election Code. I understand that the penalty
25 for willfully filing a false or incomplete statement is a
26 business offense subject to a fine of up to $5,000 shall be a
27 fine not to exceed $500 or imprisonment in a penal
28 institution other than the penitentiary not to exceed 6
29 months, or both fine and imprisonment."
30 .............................................................
31 (date of filing) (signature of person making the report)
32 (Source: P.A. 90-495, eff. 1-1-98.)
33 (10 ILCS 5/9-13) (from Ch. 46, par. 9-13)
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1 Sec. 9-13. Each semi-annual report of campaign
2 contributions and expenditures under Section 9-10 shall
3 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 the 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 the 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
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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 the 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 (12) the full name and mailing address of each person to
22 whom expenditures have been made by such committee or
23 candidate within the reporting period in an aggregate amount
24 or value in excess of $150, the amount, date, and purpose of
25 each such expenditure and the question of public policy or
26 the name and address of, and office sought by, each candidate
27 on whose behalf such expenditure was made;
28 (13) the full name and mailing address of each person to
29 whom an expenditure for personal services, salaries, and
30 reimbursed expenses in excess of $150 has been made, and
31 which is not otherwise reported, including the amount, date,
32 and purpose of such expenditure;
33 (14) the total sum of expenditures made by such
34 committee during the reporting period;
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1 (15) the full name and mailing address of each person to
2 whom the committee owes debts or obligations in excess of
3 $150, and the amount of such debts or obligations.
4 The Board shall by rule define a "good faith effort".
5 (Source: P.A. 90-495, eff. 1-1-98.)
6 (10 ILCS 5/9-14) (from Ch. 46, par. 9-14)
7 Sec. 9-14. Each semi-annual report of campaign
8 contributions and expenditures required by Section 9-10 of
9 this Article to be filed with the Board or the Board and the
10 county clerk shall be verified, dated, and signed by either
11 the treasurer of the political committee making the report or
12 the candidate on whose behalf the report is made, and shall
13 contain substantially the following:
14 SEMI-ANNUAL REPORT OF CAMPAIGN
15 CONTRIBUTIONS AND EXPENDITURES
16 (1) name and address of the political committee:
17 .............................................................
18 (2) the date of the beginning of the reporting period, and
19 the amount of funds on hand at the beginning of the reporting
20 period;
21 .............................................................
22 (3) the full name and mailing address of each person who has
23 made one or more contributions to or for the committee within
24 the reporting period in an aggregate amount or value in
25 excess of $150, together with the amount and date of such
26 contributions, and if a contributor is an individual who
27 contributed more than $500, the occupation and employer of
28 each contributor or, if the occupation and employer of the
29 contributor are unknown, a statement that the committee has
30 made a good faith effort to ascertain this information:
31 name address amount date occupation employer
32 .... ....... ...... .... .......... ........
33 .... ....... ...... .... .......... ........
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1 .... ....... ...... .... .......... ........
2 .... ....... ...... .... .......... ........
3 .... ....... ...... .... .......... ........
4 (4) the total sum of individual contributions made to or for
5 the committee during the reporting period and not reported
6 under item--(3):
7 .............................................................
8 (5) the name and address of each political committee from
9 which the reporting committee received, or to which that
10 committee made, any transfer of funds, in an aggregate amount
11 or value in excess of $150, together with the amounts and
12 dates of all transfers:
13 name address amount date
14 .......... .......... .......... ..........
15 .......... .......... .......... ..........
16 .......... .......... .......... ..........
17 (6) the total sum of transfers made to or from such
18 committee during the reporting period and not reported under
19 item (5);
20 (7) each loan to or from any person within the reporting
21 period by or to the committee in an aggregate amount or value
22 in excess of $150, together with the full names and mailing
23 addresses of the lender and endorsers, if any, and the date
24 and amount of such loans, and if a lender or endorser is an
25 individual who loaned or endorsed a loan of more than $500,
26 the occupation and employer of each person making the loan,
27 or if the occupation and employer of the individual are
28 unknown, a statement that the committee has made a good faith
29 effort to ascertain this information:
30 name address amount date endorsers occupation employer
31 .... ....... ...... .... ......... .......... ........
32 .... ....... ...... .... ......... .......... ........
33 .... ....... ...... .... ......... .......... ........
34 (8) the total amount of proceeds received by the committee
-54- LRB9003586JMdvam01
1 from (a) the sale of tickets for each dinner, luncheon,
2 cocktail party, rally, and other fund-raising events; (b)
3 mass collections made at such events; and (c) sales of items
4 such as political campaign pins, buttons, badges, flags,
5 emblems, hats, banners, literature, and similar materials:
6 (a)..........................................................
7 (b)..........................................................
8 (c)..........................................................
9 (9) each contribution, rebate, refund, or other receipt in
10 excess of $150 received by the committee not otherwise listed
11 under items (3) through (8), and if a contributor is an
12 individual who contributed more than $500, the occupation and
13 employer of each contributor or, if the occupation and
14 employer of the contributor are unknown, a statement that the
15 committee has made a good faith effort to ascertain this
16 information:
17 name address amount date endorsers occupation employer
18 .... ....... ...... .... ......... .......... ........
19 .... ....... ...... .... ......... .......... ........
20 .... ....... ...... .... ......... .......... ........
21 (10) the total sum of all receipts by or for the committee
22 during the reporting period:
23 .............................................................
24 (11) the full name and mailing address of each person to
25 whom expenditures have been made by the committee within the
26 reporting period in an aggregate amount or value in excess of
27 $150, the amount, date, and purpose of each such expenditure,
28 and the question of public policy or the name and address of,
29 and office sought by, each candidate on whose behalf the
30 expenditure was made:
31 name address amount date purpose beneficiary
32 .......... ....... ...... .... ....... ...........
33 .......... ....... ...... .... ....... ...........
34 .......... ....... ...... .... ....... ...........
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1 .......... ....... ...... .... ....... ...........
2 .......... ....... ...... .... ....... ...........
3 (12) the full name and mailing address of each person to
4 whom an expenditure for personal services, salaries, and
5 reimbursed expenses in excess of $150 has been made, and
6 which is not otherwise reported, including the amount, date,
7 and purpose of such expenditure:
8 name address amount date purpose
9 .......... .......... ........ ........ ..........
10 .......... .......... ........ ........ ..........
11 .......... .......... ........ ........ ..........
12 (13) the total sum of expenditures made by the committee
13 during the reporting period;
14 .............................................................
15 (14) the full name and mailing address of each person to
16 whom the committee owes debts or obligations in excess of
17 $150, and the amount of such debts or obligations:
18 .............................................................
19 .............................................................
20 VERIFICATION:
21 "I declare that this semi-annual report of campaign
22 contributions and expenditures (including any accompanying
23 schedules and statements) has been examined by me and to the
24 best of my knowledge and belief is a true, correct and
25 complete report as required by Article 9 of The Election
26 Code. I understand that the penalty for willfully filing a
27 false or incomplete report is a business offense subject to a
28 fine of up to $5,000 shall be a fine not to exceed $500 or
29 imprisonment in a penal institution other than the
30 penitentiary not to exceed 6 months, or both fine and
31 imprisonment."
32 ................ .......................................
33 (date of filing) (signature of person making the report)
34 (Source: P.A. 90-495, eff. 1-1-98.)
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1 (10 ILCS 5/9-23) (from Ch. 46, par. 9-23)
2 Sec. 9-23. Whenever the Board, pursuant to Section 9-21,
3 has issued an order, or has approved a written stipulation,
4 agreed settlement or consent order, directing a person
5 determined by the Board to be in violation of any provision
6 of this Article or any regulation adopted thereunder, to
7 cease or correct such violation or otherwise comply with this
8 Article and such person fails or refuses to comply with such
9 order, stipulation, settlement or consent order within the
10 time specified by the Board, the Board, after affording
11 notice and an opportunity for a public hearing, may impose a
12 civil penalty on such person in an amount not to exceed
13 $5,000; except that for State officers and candidates and
14 political committees formed for statewide office, the civil
15 penalty may not exceed $10,000. For the purpose of this
16 Section, "statewide office" and "State officer" means the
17 Governor, Lieutenant Governor, Attorney General, Secretary of
18 State, Comptroller, and Treasurer $1,000.
19 Civil penalties imposed on any such person by the Board
20 shall be enforceable in the Circuit Court. The Board shall
21 petition the Court for an order to enforce collection of the
22 penalty and, if the Court finds it has jurisdiction over the
23 person against whom the penalty was imposed, the Court shall
24 issue the appropriate order. Any civil penalties collected
25 by the Court shall be forwarded to the State Treasurer.
26 In addition to or in lieu of the imposition of a civil
27 penalty, the board may report such violation and the failure
28 or refusal to comply with the order of the Board to the
29 Attorney General and the appropriate State's Attorney.
30 The name of a person who has not paid a civil penalty
31 imposed against him or her under this Section shall not
32 appear upon any ballot for any office in any election while
33 the penalty is unpaid.
34 (Source: P.A. 83-540.)
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1 (10 ILCS 5/9-26) (from Ch. 46, par. 9-26)
2 Sec. 9-26. Willful failure to file or willful filing of
3 false or incomplete information required by this Article
4 shall constitute a business offense subject to a fine of up
5 to $5,000 Class B misdemeanor.
6 Willful filing of a false complaint under this Article
7 shall constitute a Class B misdemeanor.
8 A prosecution for any offense designated by this Article
9 shall be commenced no later than 18 months after the
10 commission of the offense.
11 The appropriate State's Attorney or the Attorney General
12 shall bring such actions in the name of the people of the
13 State of Illinois.
14 (Source: P.A. 78-1183.)
15 (10 ILCS 5/9-27.5 new)
16 Sec. 9-27.5. Fundraising in or within 50 miles of
17 Springfield. Except as provided in this Section, any
18 executive branch constitutional officer, any candidate for an
19 executive branch constitutional office, any member of the
20 General Assembly, any candidate for the General Assembly, any
21 political caucus of the General Assembly, or any political
22 committee on behalf of any of the foregoing may not hold a
23 fundraising function in or within 50 miles of Springfield on
24 any day the legislature is in session (i) during the period
25 beginning 90 days before the later of the dates scheduled by
26 either house of the General Assembly for the adjournment of
27 the spring session and ending on the later of the actual
28 adjournment dates of either house of the spring session and
29 (ii) during fall veto session. For purposes of this Section,
30 the legislature is not considered to be in session on a day
31 that is solely a perfunctory session day or on a day when
32 only a committee is meeting.
33 This Section does not apply to members and political
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1 committees of members of the General Assembly whose districts
2 are located, in whole or in part, in or within 50 miles of
3 Springfield and candidates and political committees of
4 candidates for the General Assembly from districts located,
5 in whole or in part, in or within 50 miles of Springfield,
6 provided that the fundraising function takes place within the
7 member's or candidate's district.
8 (10 ILCS 5/9-28)
9 Sec. 9-28. Electronic filing and availability. The
10 Board shall may by rule provide for the optional electronic
11 filing of expenditure and contribution reports as follows:.
12 Beginning July 1, 1999, or as soon thereafter as the
13 Board has provided adequate software to the political
14 committee, electronic filing is required for all political
15 committees that during the reporting period (i) had at any
16 time a balance or an accumulation of contributions of $25,000
17 or more, (ii) made aggregate expenditures of $25,000 or more,
18 or (iii) received loans of an aggregate of $25,000 or more.
19 Beginning July 1, 2003, electronic filing is required for
20 all political committees that during the reporting period (i)
21 had at any time a balance or an accumulation of contributions
22 of $10,000 or more, (ii) made aggregate expenditures of
23 $10,000 or more, or (iii) received loans of an aggregate of
24 $10,000 or more.
25 The Board may provide by rule for the optional electronic
26 filing of expenditure and contribution reports for all other
27 political committees. The Board shall promptly make all
28 reports filed under this Article by all political committees
29 publicly available by means of a searchable database that is
30 accessible through the World Wide Web.
31 The Board shall provide all software necessary to comply
32 with this Section to candidates, public officials, political
33 committees, and election authorities.
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1 The Board shall implement a plan to provide computer
2 access and assistance to candidates, public officials,
3 political committees, and election authorities with respect
4 to electronic filings required under this Article.
5 For the purposes of this Section, "political committees"
6 includes entities required to report to the Board under
7 Section 9-7.5.
8 (Source: P.A. 90-495, eff. 8-18-97.)
9 (10 ILCS 5/29-14 rep.)
10 Section 225. The Election Code is amended by repealing
11 Section 29-14.
12 Section 230. The Lobbyist Registration Act is amended by
13 adding Section 6.5 as follows:
14 (25 ILCS 170/6.5 new)
15 Sec. 6.5. Response to report by official.
16 (a) Every person required to register as prescribed in
17 Section 3 and required to file a report with the Secretary of
18 State as prescribed in Section 6 shall, at least 25 days
19 before the deadline for filing the report, provide a copy of
20 the report to each official listed in the report by first
21 class mail or hand delivery. An official may, within 10 days
22 after receiving the copy of the report, provide written
23 objections to the report by first class mail or hand delivery
24 to the person required to file the report. If those written
25 objections conflict with the final report that is filed, the
26 written objections shall be filed along with the report.
27 (b) Failure to provide a copy of the report to an
28 official listed in the report within the time designated in
29 this Section is a violation of this Act.
30 Section 985. The State Mandates Act is amended by adding
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1 Section 8.22 as follows:
2 (30 ILCS 805/8.22 new)
3 Sec. 8.22. Exempt mandate. Notwithstanding Sections 6
4 and 8 of this Act, no reimbursement by the State is required
5 for the implementation of any mandate created by this
6 amendatory Act of 1998.
7 Section 990. Severability. The provisions of this Act
8 are severable under Section 1.31 of the Statute on Statutes.
9 Section 999. Effective date. This Act takes effect
10 January 1, 1999.".