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92_HB1802 LRB9201781MWcs 1 AN ACT in relation to campaign finance. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Election Code is amended by changing 5 Section 9-10 as follows: 6 (10 ILCS 5/9-10) (from Ch. 46, par. 9-10) 7 Sec. 9-10. Financial reports. 8 (a) The treasurer of every state political committee and 9 the treasurer of every local political committee shall file 10 with the Board, and the treasurer of every local political 11 committee shall file with the county clerk, reports of 12 campaign contributions, and semi-annual reports of campaign 13 contributions and expenditures on forms to be prescribed or 14 approved by the Board. The treasurer of every political 15 committee that acts as both a state political committee and a 16 local political committee shall file a copy of each report 17 with the State Board of Elections and the county clerk. 18 Entities subject to Section 9-7.5 shall file reports required 19 by that Section at times provided in this Section and are 20 subject to the penalties provided in this Section. 21 (b) Reports of campaign contributions shall be filed no 22 later than the 15th day next preceding each election 23 including a primary election in connection with which the 24 political committee has accepted or is accepting 25 contributions or has made or is making expenditures. Such 26 reports shall be complete as of the 30th day next preceding 27 each election including a primary election. The Board shall 28 assess a civil penalty not to exceed $5,000 for a violation 29 of this subsection, except that for State officers and 30 candidates and political committees formed for statewide 31 office, the civil penalty may not exceed $10,000. The fine, -2- LRB9201781MWcs 1 however, shall not exceed $500 for a first filing violation 2 for filing less than 10 days after the deadline. There shall 3 be no fine if the report is mailed and postmarked at least 72 4 hours prior to the filing deadline. For the purpose of this 5 subsection, "statewide office" and "State officer" means the 6 Governor, Lieutenant Governor, Attorney General, Secretary of 7 State, Comptroller, and Treasurer. However, a continuing 8 political committee that neither accepts contributions nor 9 makes expenditures on behalf of or in opposition to any 10 candidate or public question on the ballot at an election 11 shall not be required to file the reports heretofore 12 prescribed but may file in lieu thereof a Statement of 13 Nonparticipation in the Election with the Board or the Board 14 and the county clerk. 15 (b-5) Notwithstanding the provisions of subsection (b), 16 any contribution of $500 or more received in the interim 17 between the last date of the period covered by the last 18 report filed under subsection (b) prior to the election and 19 the date of the election shall be reported within 2 business 20 days after its receipt. The State Board shall allow filings 21 under this subsection (b-5) to be made by facsimile 22 transmission. For the purpose of this subsection, a 23 contribution is considered received on the date the public 24 official, candidate, or political committee (or equivalent 25 person in the case of a reporting entity other than a 26 political committee) actually receives it or, in the case of 27 goods or services, 2 days after the date the public official, 28 candidate, committee, or other reporting entity receives the 29 certification required under subsection (b) of Section 9-6. 30 Failure to report each contribution is a separate violation 31 of this subsection. The Board shall impose fines for 32 violations of this subsection as follows: 33 (1) if the political committee's or other reporting 34 entity's total receipts, total expenditures, and balance -3- LRB9201781MWcs 1 remaining at the end of the last reporting period were 2 each $5,000 or less, then $100 per business day for the 3 first violation, $200 per business day for the second 4 violation, and $300 per business day for the third and 5 subsequent violations. 6 (2) if the political committee's or other reporting 7 entity's total receipts, total expenditures, and balance 8 remaining at the end of the last reporting period were 9 each more than $5,000, then $200 per business day for the 10 first violation, $400 per business day for the second 11 violation, and $600 per business day for the third and 12 subsequent violations. 13 (c) In addition to such reports the treasurer of every 14 political committee shall file semi-annual reports of 15 campaign contributions and expenditures no later than July 16 31st, covering the period from January 1st through June 30th 17 immediately preceding, and no later than January 31st, 18 covering the period from July 1st through December 31st of 19 the preceding calendar year. Reports of contributions and 20 expenditures must be filed to cover the prescribed time 21 periods even though no contributions or expenditures may have 22 been received or made during the period. The Board shall 23 assess a civil penalty not to exceed $5,000 for a violation 24 of this subsection, except that for State officers and 25 candidates and political committees formed for statewide 26 office, the civil penalty may not exceed $10,000. The fine, 27 however, shall not exceed $500 for a first filing violation 28 for filing less than 10 days after the deadline. There shall 29 be no fine if the report is mailed and postmarked at least 72 30 hours prior to the filing deadline. For the purpose of this 31 subsection, "statewide office" and "State officer" means the 32 Governor, Lieutenant Governor, Attorney General, Secretary of 33 State, Comptroller, and Treasurer. 34 (c-5) A political committee that acts as either (i) a -4- LRB9201781MWcs 1 state and local political committee or (ii) a local political 2 committee and that files reports electronically under Section 3 9-28 is not required to file copies of the reports with the 4 appropriate county clerk, if the county clerk has a system 5 that permits access to, and duplication of, reports that are 6 filed with the State Board of Elections. 7 (d) A copy of each report or statement filed under this 8 Article shall be preserved by the person filing it for a 9 period of two years from the date of filing. 10 (Source: P.A. 90-737, eff. 1-1-99.) 11 Section 99. Effective date. This Act takes effect upon 12 becoming law.