Bill Text: IL HB0086 | 2009-2010 | 96th General Assembly | Introduced

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Bill Title: Amends the Election Code. With respect to campaign finance reports, requires disclosure of all contributions, expenditures, and transfers (now, those exceeding, in the aggregate, $150).

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2009-03-13 - Rule 19(a) / Re-referred to Rules Committee [HB0086 Detail]

Download: Illinois-2009-HB0086-Introduced.html

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96TH GENERAL ASSEMBLY State of Illinois 2009 and 2010 HB0086 Introduced 1/14/2009, by Rep. Lou Lang SYNOPSIS AS INTRODUCED:
10 ILCS 5/9-1.4 from Ch. 46, par. 9-1.4
10 ILCS 5/9-1.5 from Ch. 46, par. 9-1.5
10 ILCS 5/9-7.5
10 ILCS 5/9-11 from Ch. 46, par. 9-11
10 ILCS 5/9-12 from Ch. 46, par. 9-12
10 ILCS 5/9-13 from Ch. 46, par. 9-13
10 ILCS 5/9-14 from Ch. 46, par. 9-14
Amends the Election Code. With respect to campaign finance reports, requires disclosure of all contributions, expenditures, and transfers (now, those exceeding, in the aggregate, $150).
LRB096 03090 JAM 13106 b
A BILL FOR
HB0086 LRB096 03090 JAM 13106 b
AN ACT concerning elections.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Election Code is amended by changing
Sections 9-1.4, 9-1.5, 9-7.5, 9-11, 9-12, 9-13, and 9-14 as
follows:
(10 ILCS 5/9-1.4) (from Ch. 46, par. 9-1.4)
Sec. 9-1.4. "Contribution" means-
(1) a gift, subscription, donation, dues, loan, advance, or
deposit of money or anything of value, knowingly received in
connection with the nomination for election, or election, of
any person to public office, in connection with the election of
any person as ward or township committeeman in counties of
3,000,000 or more population, or in connection with any
question of public policy;
(1.5) a gift, subscription, donation, dues, loan, advance,
deposit of money, or anything of value that constitutes an
electioneering communication regardless of whether the
communication is made in concert or cooperation with or at the
request, suggestion, or knowledge of a candidate, a candidate's
authorized local political committee, a State political
committee, a political committee in support of or opposition to
a question of public policy, or any of their agents;

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(2) the purchase of tickets for fund-raising events,
including but not limited to dinners, luncheons, cocktail
parties, and rallies made in connection with the nomination for
election, or election, of any person to public office, in
connection with the election of any person as ward or township
committeeman in counties of 3,000,000 or more population, or in
connection with any question of public policy;
(3) a transfer of funds between political committees; and
(4) the services of an employee donated by an employer, in
which case the contribution shall be listed in the name of the
employer, except that any individual services provided
voluntarily and without promise or expectation of compensation
from any source shall not be deemed a contribution; but
(5) does not include--
(a) (blank) the use of real or personal property and
the cost of invitations, food, and beverages, voluntarily
provided by an individual in rendering voluntary personal
services on the individual's residential premises for
candidate-related activities; provided the value of the
service provided does not exceed an aggregate of $150 in a
reporting period;
(b) the sale of any food or beverage by a vendor for
use in a candidate's campaign at a charge less than the
normal comparable charge, if such charge for use in a
candidate's campaign is at least equal to the cost of such
food or beverage to the vendor.

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(Source: P.A. 94-645, eff. 8-22-05.)
(10 ILCS 5/9-1.5) (from Ch. 46, par. 9-1.5)
Sec. 9-1.5. Expenditure defined.
"Expenditure" means-
(1) a payment, distribution, purchase, loan, advance,
deposit, or gift of money or anything of value, in connection
with the nomination for election, or election, of any person to
public office, in connection with the election of any person as
ward or township committeeman in counties of 3,000,000 or more
population, or in connection with any question of public
policy. "Expenditure" also includes a payment, distribution,
purchase, loan, advance, deposit, or gift of money or anything
of value that constitutes an electioneering communication
regardless of whether the communication is made in concert or
cooperation with or at the request, suggestion, or knowledge of
a candidate, a candidate's authorized local political
committee, a State political committee, a political committee
in support of or opposition to a question of public policy, or
any of their agents. However, expenditure does not include -
(a) (blank) the use of real or personal property and
the cost of invitations, food, and beverages, voluntarily
provided by an individual in rendering voluntary personal
services on the individual's residential premises for
candidate-related activities; provided the value of the
service provided does not exceed an aggregate of $150 in a

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reporting period;
(b) the sale of any food or beverage by a vendor for
use in a candidate's campaign at a charge less than the
normal comparable charge, if such charge for use in a
candidate's campaign is at least equal to the cost of such
food or beverage to the vendor.
(2) a transfer of funds between political committees.
(Source: P.A. 93-574, eff. 8-21-03; 93-615, eff. 11-19-03;
93-847, eff. 7-30-04.)
(10 ILCS 5/9-7.5)
Sec. 9-7.5. Nonprofit organization registration and
disclosure.
(a) Each nonprofit organization, except for a labor union,
that accepts contributions, makes contributions, or makes
expenditures during any 12-month period in an aggregate amount
exceeding $5,000 (I) on behalf of or in opposition to public
officials, candidates for public office, or a question of
public policy or (II) for electioneering communications shall
register with the State Board of Elections. The Board by rule
shall prescribe the registration procedure and form. The
registration form shall require the following information:
(1) The registrant's name, address, and purpose.
(2) The name, address, and position of each custodian
of the registrant's financial books, accounts, and
records.

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(3) The name, address, and position of each of the
registrant's principal officers.
(b) Each nonprofit organization required to register under
subsection (a) shall file contribution and expenditure reports
with the Board. The Board by rule shall prescribe the form,
which shall require the following information:
(1) The organization's name, address, and purpose.
(2) The amount of funds on hand at the beginning of the
reporting period.
(3) The full name and address of each person who has
made one or more contributions to or for the organization
within the reporting period in any an aggregate amount or
value in excess of $150, together with the amount and date
of the contributions, and if a contributor is an individual
who contributed more than $500, the occupation and employer
of the contributor or, if the occupation and employer of
the contributor are unknown, a statement that the
organization has made a good faith effort to ascertain this
information.
(4) (Blank) The total sum of individual contributions
made to or for the organization during the reporting period
and not reported in item (3).
(5) The name and address of each organization and
political committee from which the reporting organization
received, or to which that organization made, any transfer
of funds in any an aggregate amount or value in excess of

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$150, together with the amounts and dates of the transfers.
(6) (Blank) The total sum of transfers made to or from
the organization during the reporting period and not
reported in item (5).
(7) Each loan to or from any person within the
reporting period by or to the organization in any an
aggregate amount or value in excess of $150, together with
the full names and mailing addresses of the lender and
endorsers, if any, and the date and amount of the loans,
and if a lender or endorser is an individual who loaned or
endorsed a loan of more than $500, the occupation and
employer of the individual or, if the occupation and
employer of the individual are unknown, a statement that
the organization has made a good faith effort to ascertain
this information.
(8) The total amount of proceeds received by the
organization from (i) the sale of tickets for each dinner,
luncheon, cocktail party, rally, and other fundraising
event, (ii) mass collections made at those events, and
(iii) sales of items such as buttons, badges, flags,
emblems, hats, banners, literature, and similar materials.
(9) Each contribution, rebate, refund, or other
receipt in excess of $150 received by the organization not
otherwise listed under items (3) through (8), and if a
contributor is an individual who contributed more than
$500, the occupation and employer of the contributor or, if

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the occupation and employer of the contributor are unknown,
a statement that the organization has made a good faith
effort to ascertain this information.
(10) The total sum of all receipts by or for the
organization during the reporting period.
(11) The full name and mailing address of each person
to whom expenditures have been made by the organization
within the reporting period in any an aggregate amount or
value in excess of $150, the amount, date, and purpose of
each expenditure, and the question of public policy on
behalf of which the expenditure was made.
(12) The full name and mailing address of each person
to whom an expenditure for personal services, salaries, and
reimbursed expenses in excess of $150 has been made and
which is not otherwise reported, including the amount,
date, and purpose of the expenditure.
(13) The total sum of expenditures made by the
organization during the reporting period.
(14) The full name and mailing address of each person
to whom the organization owes debts or obligations in
excess of $150 and the amount of the debts or obligations.
The State Board by rule shall define a "good faith effort".
(c) The reports required under subsection (b) shall be
filed at the same times and for the same reporting periods as
reports of campaign contributions and semi-annual reports of
campaign contributions and expenditures required by this

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Article of political committees. The reports required under
subsection (b) shall be available for public inspection and
copying in the same manner as reports filed by political
committees. The Board may charge a fee that covers the costs of
copying and distribution, if any.
(d) An organization required to file reports under
subsection (b) shall include a statement on all literature and
advertisements soliciting funds stating the following:
"A copy of our report filed with the State Board of
Elections is (or will be) available for purchase from the State
Board of Elections, Springfield, Illinois".
(Source: P.A. 94-645, eff. 8-22-05.)
(10 ILCS 5/9-11) (from Ch. 46, par. 9-11)
Sec. 9-11. Each report of campaign contributions under
Section 9-10 shall disclose-
(1) the name and address of the political committee;
(2) (Blank);
(3) the amount of funds on hand at the beginning of the
reporting period;
(4) the full name and mailing address of each person who
has made one or more contributions to or for such committee
within the reporting period in any an aggregate amount or value
in excess of $150, together with the amount and date of such
contributions, and if a contributor is an individual who
contributed more than $500, the occupation and employer of the

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contributor or, if the occupation and employer of the
contributor are unknown, a statement that the committee has
made a good faith effort to ascertain this information;
(5) (blank) the total sum of individual contributions made
to or for such committee during the reporting period and not
reported under item (4);
(6) the name and address of each political committee from
which the reporting committee received, or to which that
committee made, any transfer of funds, in any aggregate amount
or value in excess of $150, together with the amounts and dates
of all transfers;
(7) (blank) the total sum of transfers made to or from such
committee during the reporting period and not reported under
item (6);
(8) each loan to or from any person within the reporting
period by or to such committee in any an aggregate amount or
value in excess of $150, together with the full names and
mailing addresses of the lender and endorsers, if any, and the
date and amount of such loans, and if a lender or endorser is
an individual who loaned or endorsed a loan of more than $500,
the occupation and employer of that individual, or if the
occupation and employer of the individual are unknown, a
statement that the committee has made a good faith effort to
ascertain this information;
(9) the total amount of proceeds received by such committee
from (a) the sale of tickets for each dinner, luncheon,

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cocktail party, rally, and other fund-raising events; (b) mass
collections made at such events; and (c) sales of items such as
political campaign pins, buttons, badges, flags, emblems,
hats, banners, literature, and similar materials;
(10) each contribution, rebate, refund, or other receipt in
excess of $150 received by such committee not otherwise listed
under items (4) through (9), and if a contributor is an
individual who contributed more than $500, the occupation and
employer of the contributor or, if the occupation and employer
of the contributor are unknown, a statement that the committee
has made a good faith effort to ascertain this information;
(11) the total sum of all receipts by or for such committee
or candidate during the reporting period.
The Board shall by rule define a "good faith effort".
The reports of campaign contributions filed under this
Article shall be cumulative during the reporting period to
which they relate.
(Source: P.A. 90-495, eff. 1-1-98; 90-737, eff. 1-1-99.)
(10 ILCS 5/9-12) (from Ch. 46, par. 9-12)
Sec. 9-12. Each report of campaign contributions required
by Section 9-10 of this Article to be filed with the Board or
the Board and the county clerk shall be verified, dated, and
signed by either the treasurer of the political committee
making the report or the candidate on whose behalf the report
is made, and shall contain substantially the following:

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REPORT OF CAMPAIGN CONTRIBUTIONS
(1) name and address of the political committee:
.............................................................
(2) the date of the beginning of the reporting period, and the
amount of funds on hand at the beginning of the reporting
period:
.............................................................
(3) the full name and mailing address of each person who has
made one or more contributions to or for the committee within
the reporting period in any an aggregate amount or value in
excess of $150, together with the amount and date of such
contributions, and if a contributor is an individual who
contributed more than $500, the occupation and employer of each
contributor or, if the occupation and employer of the
contributor are unknown, a statement that the committee has
made a good faith effort to ascertain this information:
name address amount date occupation employer
.... ....... ...... .... .......... ........
.... ....... ...... .... .......... ........
.... ....... ...... .... .......... ........
.... ....... ...... .... .......... ........
.... ....... ...... .... .......... ........
(4) (blank) the total sum of individual contributions made to
or for the committee during the reporting period and not
reported under item (3) -
.............................................................

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(5) the name and address of each political committee from which
the reporting committee received, or to which that committee
made, any transfer of funds, in any an aggregate amount or
value in excess of $150, together with the amounts and dates of
all transfers:
name address amount date
.......... .......... .......... ..........
.......... .......... .......... ..........
.......... .......... .......... ..........
(6) (blank) the total sum of transfers made to or from such
committee during the reporting period and not under item (5):
...............
(7) each loan to or from any person within the reporting period
by or to the committee in any an aggregate amount or value in
excess of $150, together with the full names and mailing
addresses of the lender and endorsers, if any, and the date and
amount of such loans, and if a lender or endorser is an
individual who loaned or endorsed a loan of more than $500, the
occupation and employer of each person making the loan, or if
the occupation and employer of the individual are unknown, a
statement that the committee has made a good faith effort to
ascertain this information:

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(8) the total amount of proceeds received by the committee from
(a) the sale of tickets for each dinner, luncheon, cocktail
party, rally, and other fund-raising events; (b) mass
collections made at such events; and (c) sales of items such as
political campaign pins, buttons, badges, flags, emblems, hats,
banners, literature, and similar materials:
(a)............
(b)............
(c)............
(9) each contribution, rebate, refund, or other receipt in
excess of $150 received by the committee not otherwise listed
under items (3) through (8), and if the contributor is an
individual who contributed more than $500, the occupation and
employer of each contributor or, if the occupation and employer
of the contributor are unknown, a statement that the committee
has made a good faith effort to ascertain this information:
name address amount date occupation employer
.... ....... ...... .... .......... ........
.... ....... ...... .... .......... ........
(10) the total sum of all receipts by or for the committee
during the reporting period:
.............................................................
VERIFICATION:
"I declare that this report of campaign contributions
(including any accompanying schedules and statements) has been
examined by me and to the best of my knowledge and belief is a

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true, correct and complete report as required by Article 9 of
The Election Code. I understand that willfully filing a false
or incomplete statement is a business offense subject to a fine
of up to $5,000."
.............................................................
(date of filing) (signature of person making the report)
(Source: P.A. 90-495, eff. 1-1-98; 90-737, eff. 1-1-99.)
(10 ILCS 5/9-13) (from Ch. 46, par. 9-13)
Sec. 9-13. Each semi-annual report of campaign
contributions and expenditures under Section 9-10 shall
disclose-
(1) the name and address of the political committee;
(2) (Blank);
(3) the amount of funds on hand at the beginning of the
reporting period;
(4) the full name and mailing address of each person who
has made one or more contributions to or for such committee
within the reporting period in any an aggregate amount or value
in excess of $150, together with the amount and date of such
contributions, and if the contributor is an individual who
contributed more than $500, the occupation and employer of the
contributor or, if the occupation and employer of the
contributor are unknown, a statement that the committee has
made a good faith effort to ascertain this information;
(5) (blank) the total sum of individual contributions made

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to or for such committee during the reporting period and not
reported under item (4);
(6) the name and address of each political committee from
which the reporting committee received, or to which that
committee made, any transfer of funds, in any the aggregate
amount or value in excess of $150, together with the amounts
and dates of all transfers;
(7) (blank) the total sum of transfers made to or from such
committee during the reporting period and not reported under
item (6);
(8) each loan to or from any person within the reporting
period by or to such committee in any an aggregate amount or
value in excess of $150, together with the full names and
mailing addresses of the lender and endorsers, if any, and the
date and amount of such loans, and if a lender or endorser is
an individual who loaned or endorsed a loan of more than $500,
the occupation and employer of that individual, or if the
occupation and employer of the individual are unknown, a
statement that the committee has made a good faith effort to
ascertain this information;
(9) the total amount of proceeds received by such committee
from (a) the sale of tickets for each dinner, luncheon,
cocktail party, rally, and other fund-raising events; (b) mass
collections made at such events; and (c) sales of items such as
political campaign pins, buttons, badges, flags, emblems,
hats, banners, literature, and similar materials;

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(10) each contribution, rebate, refund, or other receipt in
excess of $150 received by such committee not otherwise listed
under items (4) through (9), and if the contributor is an
individual who contributed more than $500, the occupation and
employer of the contributor or, if the occupation and employer
of the contributor are unknown, a statement that the committee
has made a good faith effort to ascertain this information;
(11) the total sum of all receipts by or for such committee
or candidate during the reporting period;
(12) the full name and mailing address of each person to
whom expenditures have been made by such committee or candidate
within the reporting period in any an aggregate amount or value
in excess of $150, the amount, date, and purpose of each such
expenditure and the question of public policy or the name and
address of, and office sought by, each candidate on whose
behalf such expenditure was made;
(13) the full name and mailing address of each person to
whom an expenditure for personal services, salaries, and
reimbursed expenses in excess of $150 has been made, and which
is not otherwise reported, including the amount, date, and
purpose of such expenditure;
(14) the total sum of expenditures made by such committee
during the reporting period;
(15) the full name and mailing address of each person to
whom the committee owes debts or obligations in excess of $150,
and the amount of such debts or obligations.

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The Board shall by rule define a "good faith effort".
(Source: P.A. 90-495, eff. 1-1-98; 90-737, eff. 1-1-99.)
(10 ILCS 5/9-14) (from Ch. 46, par. 9-14)
Sec. 9-14. Each semi-annual report of campaign
contributions and expenditures required by Section 9-10 of this
Article to be filed with the Board or the Board and the county
clerk shall be verified, dated, and signed by either the
treasurer of the political committee making the report or the
candidate on whose behalf the report is made, and shall contain
substantially the following:
SEMI-ANNUAL REPORT OF CAMPAIGN
CONTRIBUTIONS AND EXPENDITURES
(1) name and address of the political committee:
.............................................................
(2) the date of the beginning of the reporting period, and the
amount of funds on hand at the beginning of the reporting
period;
.............................................................
(3) the full name and mailing address of each person who has
made one or more contributions to or for the committee within
the reporting period in any an aggregate amount or value in
excess of $150, together with the amount and date of such
contributions, and if a contributor is an individual who
contributed more than $500, the occupation and employer of each
contributor or, if the occupation and employer of the

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contributor are unknown, a statement that the committee has
made a good faith effort to ascertain this information:
name address amount date occupation employer
.... ....... ...... .... .......... ........
.... ....... ...... .... .......... ........
.... ....... ...... .... .......... ........
.... ....... ...... .... .......... ........
.... ....... ...... .... .......... ........
(4) (blank) the total sum of individual contributions made to
or for the committee during the reporting period and not
reported under item--(3):
.............................................................
(5) the name and address of each political committee from which
the reporting committee received, or to which that committee
made, any transfer of funds, in any an aggregate amount or
value in excess of $150, together with the amounts and dates of
all transfers:
name address amount date
.......... .......... .......... ..........
.......... .......... .......... ..........
.......... .......... .......... ..........
(6) (blank) the total sum of transfers made to or from such
committee during the reporting period and not reported under
item (5);
(7) each loan to or from any person within the reporting period
by or to the committee in any an aggregate amount or value in

HB0086 - 19 - LRB096 03090 JAM 13106 b
excess of $150, together with the full names and mailing
addresses of the lender and endorsers, if any, and the date and
amount of such loans, and if a lender or endorser is an
individual who loaned or endorsed a loan of more than $500, the
occupation and employer of each person making the loan, or if
the occupation and employer of the individual are unknown, a
statement that the committee has made a good faith effort to
ascertain this information:
name address amount date endorsers occupation employer
.... ....... ...... .... ......... .......... ........
.... ....... ...... .... ......... .......... ........
.... ....... ...... .... ......... .......... ........
(8) the total amount of proceeds received by the committee from
(a) the sale of tickets for each dinner, luncheon, cocktail
party, rally, and other fund-raising events; (b) mass
collections made at such events; and (c) sales of items such as
political campaign pins, buttons, badges, flags, emblems,
hats, banners, literature, and similar materials:
(a)..........................................................
(b)..........................................................
(c)..........................................................
(9) each contribution, rebate, refund, or other receipt in
excess of $150 received by the committee not otherwise listed
under items (3) through (8), and if a contributor is an
individual who contributed more than $500, the occupation and
employer of each contributor or, if the occupation and employer

HB0086 - 20 - LRB096 03090 JAM 13106 b
of the contributor are unknown, a statement that the committee
has made a good faith effort to ascertain this information:
name address amount date endorsers occupation employer
.... ....... ...... .... ......... .......... ........
.... ....... ...... .... ......... .......... ........
.... ....... ...... .... ......... .......... ........
(10) the total sum of all receipts by or for the committee
during the reporting period:
.............................................................
(11) the full name and mailing address of each person to whom
expenditures have been made by the committee within the
reporting period in any an aggregate amount or value in excess
of $150, the amount, date, and purpose of each such
expenditure, and the question of public policy or the name and
address of, and office sought by, each candidate on whose
behalf the expenditure was made:
name address amount date purpose beneficiary
.......... ....... ...... .... ....... ...........
.......... ....... ...... .... ....... ...........
.......... ....... ...... .... ....... ...........
.......... ....... ...... .... ....... ...........
.......... ....... ...... .... ....... ...........
(12) the full name and mailing address of each person to whom
an expenditure for personal services, salaries, and reimbursed
expenses in excess of $150 has been made, and which is not
otherwise reported, including the amount, date, and purpose of

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such expenditure:
name address amount date purpose
.......... .......... ........ ........ ..........
.......... .......... ........ ........ ..........
.......... .......... ........ ........ ..........
(13) the total sum of expenditures made by the committee during
the reporting period;
.............................................................
(14) the full name and mailing address of each person to whom
the committee owes debts or obligations in excess of $150, and
the amount of such debts or obligations:
.............................................................
.............................................................
VERIFICATION:
"I declare that this semi-annual report of campaign
contributions and expenditures (including any accompanying
schedules and statements) has been examined by me and to the
best of my knowledge and belief is a true, correct and complete
report as required by Article 9 of The Election Code. I
understand that willfully filing a false or incomplete report
is a business offense subject to a fine of up to $5,000."
................ .......................................
(date of filing) (signature of person making the report)
(Source: P.A. 90-495, eff. 1-1-98; 90-737, eff. 1-1-99.)