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| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB1416 Introduced , by Rep. John D. Cavaletto SYNOPSIS AS INTRODUCED:
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Creates the Public Corruption Profit Forfeiture Act and amends the Election Code. Provides for the forfeiture to the State of Illinois of proceeds and profits derived through violations of the statutes concerning intimidation by public officials, bribery, or providing, attempting, offering to provide or soliciting, accepting, or attempting to accept a kickback, or including, directly or indirectly, the amount of any kickback
prohibited in the contract
price charged by a subcontractor to a prime contractor or a higher tier
subcontractor or in the contract price charged by a prime contractor to any
unit of State or local government for a public contract a kickback. Provides for distribution of the proceeds from forfeited property. Includes a continuing appropriation to the Department of State Police.
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| | | FISCAL NOTE ACT MAY APPLY | |
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| 1 | | AN ACT concerning criminal law.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 1. Short title. This Act may be cited as the Public |
| 5 | | Corruption Profit Forfeiture Act.
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| 6 | | Section 5. Legislative declaration. Public corruption is a |
| 7 | | far reaching, continuing and extremely profitable criminal |
| 8 | | enterprise, which diverts significant amounts of public money |
| 9 | | for illicit purposes. Public corruption-related schemes |
| 10 | | persist despite the threat of prosecution and the actual |
| 11 | | prosecution and imprisonment of individual participants |
| 12 | | because existing sanctions do not effectively reach the money |
| 13 | | and other assets generated by those schemes. It is therefore |
| 14 | | necessary to supplement existing sanctions by mandating |
| 15 | | forfeiture of money and other assets generated by public |
| 16 | | corruption-related activities. Forfeiture diminishes the |
| 17 | | financial incentives which encourage and sustain public |
| 18 | | corruption, restores public moneys which have been diverted by |
| 19 | | public corruption, and secures for the people of the State of |
| 20 | | Illinois assets to be used for enforcement of laws governing |
| 21 | | public corruption.
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| 22 | | Section 10. Penalties; forfeiture. |
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| 1 | | (a) A person who is convicted of a violation of any of the |
| 2 | | following Sections, subsections, and clauses of the Criminal |
| 3 | | Code of 2012: |
| 4 | | (1) clause (a)(6) of Section 12-6 (intimidation by a |
| 5 | | public official), |
| 6 | | (2) Section 33-1 (bribery), or |
| 7 | | (3) subsection (a) of Section 33E-7 (kickbacks), |
| 8 | | shall forfeit to the State of Illinois: |
| 9 | | (A) any profits or proceeds and any property or |
| 10 | | property interest he or she has acquired or maintained in |
| 11 | | violation of any of the offenses listed in clauses (1) |
| 12 | | through (3) of this subsection (a) that the court |
| 13 | | determines, after a forfeiture hearing under subsection |
| 14 | | (b) of this Section, to have been acquired or maintained as |
| 15 | | a result of violating any of the offenses listed in clauses |
| 16 | | (1) through (3) of this subsection (a); and |
| 17 | | (B) any interest in, security of, claim against, or |
| 18 | | property or contractual right of any kind affording a |
| 19 | | source of influence over, any enterprise which he or she |
| 20 | | has established, operated, controlled, conducted, or |
| 21 | | participated in the conduct of, in violation of any of the |
| 22 | | offenses listed in clauses (1) through (3) of this |
| 23 | | subsection (a) that the court determines, after a |
| 24 | | forfeiture hearing under subsection (b) of this Section, to |
| 25 | | have been acquired or maintained as a result of violating |
| 26 | | any of the offenses listed in clauses (1) through (3) of |
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| 1 | | this subsection (a) or used to facilitate a violation of |
| 2 | | one of the offenses listed in clauses (1) through (3) of |
| 3 | | this subsection (a).
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| 4 | | (b) The court shall, upon petition by the Attorney General |
| 5 | | or State's Attorney, at any time after the filing of an |
| 6 | | information or return of an indictment, conduct a hearing to |
| 7 | | determine whether any property or property interest is subject |
| 8 | | to forfeiture under this Act. At the forfeiture hearing the |
| 9 | | State shall have the burden of establishing, by a preponderance |
| 10 | | of the evidence, that property or property interests are |
| 11 | | subject to forfeiture under this Act. There is a rebuttable |
| 12 | | presumption at the hearing that any property or property |
| 13 | | interest of a person charged by information or indictment with |
| 14 | | a violation of any of the offenses listed in clauses (1) |
| 15 | | through (3) of subsection (a) of this Section or who is |
| 16 | | convicted of a violation of any of the offenses listed in |
| 17 | | clauses (1) through (3) of subsection (a) of this Section is |
| 18 | | subject to forfeiture under this Section if the State |
| 19 | | establishes by a preponderance of the evidence that: |
| 20 | | (1) the property or property interest was acquired by |
| 21 | | the person during the period of the violation of any of the |
| 22 | | offenses listed in clauses (1) through (3) of subsection |
| 23 | | (a) of this Section or within a reasonable time after that |
| 24 | | period; and
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| 25 | | (2) there was no likely source for the property or |
| 26 | | property interest other than the violation of any of the |
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| 1 | | offenses listed in clauses (1) through (3) of subsection |
| 2 | | (a) of this Section.
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| 3 | | (c) In an action brought under this Act, in which any |
| 4 | | restraining order, injunction or prohibition or any other |
| 5 | | action in connection with any property or property interest |
| 6 | | subject to forfeiture under this Act is sought, the circuit |
| 7 | | court which shall preside over the trial of the person or |
| 8 | | persons charged with any of the offenses listed in clauses (1) |
| 9 | | through (3) of subsection (a) of this Section shall first |
| 10 | | determine whether there is probable cause to believe that the |
| 11 | | person or persons charged have committed a violation of any of |
| 12 | | the offenses listed in clauses (1) through (3) of subsection |
| 13 | | (a) of this Section and whether the property or property |
| 14 | | interest is subject to forfeiture under this Act.
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| 15 | | In order to make the determination, prior to entering the |
| 16 | | order, the court shall conduct a hearing without a jury, in |
| 17 | | which the State shall establish that there is: (i) probable |
| 18 | | cause that the person or persons charged have committed any of |
| 19 | | the offenses listed in clauses (1) through (3) of subsection |
| 20 | | (a) of this Section and (ii) probable cause that any property |
| 21 | | or property interest may be subject to forfeiture under this |
| 22 | | Act. The hearing may be conducted simultaneously with a |
| 23 | | preliminary hearing, if the prosecution is commenced by |
| 24 | | information or complaint, or by motion of the State, at any |
| 25 | | stage in the proceedings. The court may accept a finding of |
| 26 | | probable cause at a preliminary hearing following the filing of |
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| 1 | | a charge for violating any of the offenses listed in clauses |
| 2 | | (1) through (3) of subsection (a) of this Section or the return |
| 3 | | of an indictment by a grand jury charging any of the offenses |
| 4 | | listed in clauses (1) through (3) of subsection (a) of this |
| 5 | | Section as sufficient evidence of probable cause as provided in |
| 6 | | item (i) above.
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| 7 | | Upon that finding, the circuit court shall enter the |
| 8 | | restraining order, injunction or prohibition, or shall take any |
| 9 | | other action in connection with the property or property |
| 10 | | interest subject to forfeiture under this Act, as is necessary |
| 11 | | to insure that the property is not removed from the |
| 12 | | jurisdiction of the court, concealed, destroyed, or otherwise |
| 13 | | disposed of by the owner of that property or property interest |
| 14 | | prior to a forfeiture hearing under subsection (b) of this |
| 15 | | Section. The Attorney General or State's Attorney shall file a |
| 16 | | certified copy of the restraining order, injunction, or other |
| 17 | | prohibition with the recorder of each county where any property |
| 18 | | of the defendant subject to forfeiture may be located. An |
| 19 | | injunction, restraining order, or other prohibition issued |
| 20 | | under this Act shall not affect the rights of any bona fide |
| 21 | | purchaser, mortgagee, judgment creditor, or other lien holder |
| 22 | | arising prior to the date of the filing.
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| 23 | | The court may, at any time, upon verified petition by the |
| 24 | | defendant, conduct a hearing to release all or portions of any |
| 25 | | property or interest which the court previously determined to |
| 26 | | be subject to forfeiture or subject to any restraining order, |
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| 1 | | injunction, or prohibition or other action. The court may |
| 2 | | release the property to the defendant for good cause shown and |
| 3 | | within the sound discretion of the court.
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| 4 | | (d) Prosecution under this Act may be commenced by the |
| 5 | | Attorney General or a State's Attorney.
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| 6 | | (e) Upon an order of forfeiture being entered under |
| 7 | | subsection (b) of this Section, the court shall authorize the |
| 8 | | Attorney General to seize any property or property interest |
| 9 | | declared forfeited under this Act and under the terms and |
| 10 | | conditions as the court shall deem proper. Any property or |
| 11 | | property interest that has been the subject of an entered |
| 12 | | restraining order, injunction, or prohibition or any other |
| 13 | | action filed under subsection (c) shall be forfeited unless the |
| 14 | | claimant can show by a preponderance of the evidence that the |
| 15 | | property or property interest has not been acquired or |
| 16 | | maintained as a result of a violation of any of the offenses |
| 17 | | listed in clauses (1) through (3) of subsection (a) of this |
| 18 | | Section or has not been used to facilitate a violation of any |
| 19 | | of the offenses listed in clauses (1) through (3) of subsection |
| 20 | | (a) of this Section.
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| 21 | | (f) The Attorney General or his or her designee is |
| 22 | | authorized to sell all property forfeited and seized under this |
| 23 | | Act, unless the property is required by law to be destroyed or |
| 24 | | is harmful to the public, and, after the deduction of all |
| 25 | | requisite expenses of administration and sale, shall |
| 26 | | distribute the proceeds of the sale, along with any moneys |
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| 1 | | forfeited or seized, in accordance with subsection (g).
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| 2 | | (g) All moneys and the sale proceeds of all other property |
| 3 | | forfeited and seized under this Act shall be distributed as |
| 4 | | follows:
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| 5 | | (1) An amount equal to 50% shall be distributed to the |
| 6 | | unit of local government whose officers or employees |
| 7 | | conducted the investigation into a violation of any of the |
| 8 | | offenses listed in clauses (1) through (3) of subsection |
| 9 | | (a) of this Section and caused the arrest or arrests and |
| 10 | | prosecution leading to the forfeiture. Amounts distributed |
| 11 | | to units of local government shall be used for enforcement |
| 12 | | of laws governing public corruption, or for other law |
| 13 | | enforcement purposes. In the event, however, that the |
| 14 | | investigation, arrest, or arrests and prosecution leading |
| 15 | | to the forfeiture were undertaken solely by a State agency, |
| 16 | | the portion provided under this subsection (g) shall be |
| 17 | | paid into the State Asset Forfeiture Fund in the State |
| 18 | | treasury to be used by that State agency in accordance with |
| 19 | | law.
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| 20 | | (2) An amount equal to 12.5% shall be distributed to |
| 21 | | the county in which the prosecution resulting in the |
| 22 | | forfeiture was instituted, deposited in a special fund in |
| 23 | | the county treasury and appropriated to the State's |
| 24 | | Attorney for use in accordance with law.
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| 25 | | (3) An amount equal to 12.5% shall be distributed to |
| 26 | | the Office of the State's Attorneys Appellate Prosecutor |
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| 1 | | and deposited in the State Asset Forfeiture Fund, to be |
| 2 | | used by the Office of the State's Attorneys Appellate |
| 3 | | Prosecutor for additional expenses incurred in prosecuting |
| 4 | | appeals arising under this Act. Any amounts remaining in |
| 5 | | the Fund after all additional expenses have been paid shall |
| 6 | | be used by the Office to reduce the participating county |
| 7 | | contributions to the Office on a prorated basis as |
| 8 | | determined by the board of governors of the Office of the |
| 9 | | State's Attorneys Appellate Prosecutor based on the |
| 10 | | populations of the participating counties.
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| 11 | | (4) An amount equal to 25% shall be paid into the State |
| 12 | | Asset Forfeiture Fund in the State treasury to be used by |
| 13 | | the Department of State Police for the funding of the |
| 14 | | investigation of public corruption activities. Any amounts |
| 15 | | remaining in the Fund after full funding of the |
| 16 | | investigations shall be used by the Department in |
| 17 | | accordance with law to fund its other enforcement |
| 18 | | activities.
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| 19 | | (h) All moneys deposited under this Act in the State Asset |
| 20 | | Forfeiture Fund are appropriated, on a continuing basis, to the |
| 21 | | Department of State Police to be used in the manner set forth |
| 22 | | in this Section.
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| 23 | | Section 15. Forfeiture of political contribution. Whenever |
| 24 | | any person pleads guilty to, or is found guilty of, any offense |
| 25 | | under subsection (a) of Section 10 of this Act, in addition to |
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| 1 | | any other penalty imposed by the court, all contributions (as |
| 2 | | defined by Section 9-1.4 of the Election Code) or other |
| 3 | | receipts held at the time of forfeiture by a political |
| 4 | | committee (as defined by Section 9-1.9 of the Election Code) or |
| 5 | | an organization subject to Section 9-7.5 of the Election Code, |
| 6 | | which is controlled by that person shall be paid to the State |
| 7 | | within 30 days from the date of the entry of the guilty plea or |
| 8 | | conviction. Payments received by the State under this Section |
| 9 | | shall be deposited into the General Revenue Fund.
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| 10 | | Section 20. Fines. |
| 11 | | (a) Whenever any person pleads guilty to or is found guilty |
| 12 | | of an offense under this Act, a fine may be levied in addition |
| 13 | | to any other penalty imposed by the court.
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| 14 | | (b) In determining whether to impose a fine under this |
| 15 | | Section and the amount, time for payment, and method of payment |
| 16 | | of any fine so imposed, the court shall:
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| 17 | | (1) consider the defendant's income, regardless of |
| 18 | | source, the defendant's earning capacity, and the |
| 19 | | defendant's financial resources, as well as the nature of |
| 20 | | the burden the fine will impose on the defendant and any |
| 21 | | person legally or financially dependent upon the |
| 22 | | defendant;
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| 23 | | (2) consider the proof received at trial, or as a |
| 24 | | result of a plea of guilty, concerning any profits or other |
| 25 | | proceeds derived by the defendant from the violation of |
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| 1 | | this Act;
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| 2 | | (3) take into account any other pertinent equitable |
| 3 | | considerations; and
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| 4 | | (4) give primary consideration to the need to deprive |
| 5 | | the defendant of illegally obtained profits or other |
| 6 | | proceeds from the offense.
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| 7 | | (c) As a condition of a fine, the court may require that |
| 8 | | payment be made in specified installments or within a specified |
| 9 | | period of time, but the period shall not be greater than the |
| 10 | | maximum applicable term of probation or imprisonment, |
| 11 | | whichever is greater. Unless otherwise specified, payment of a |
| 12 | | fine shall be due immediately.
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| 13 | | (d) If a fine for a violation of this Act is imposed on an |
| 14 | | organization, it is the duty of each individual authorized to |
| 15 | | make disbursements of the assets of the organization to pay the |
| 16 | | fine from assets of the organization.
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| 17 | | (e) (1) A defendant who has been sentenced to pay a fine, |
| 18 | | and who has paid part but not all of the fine, may petition the |
| 19 | | court for an extension of the time for payment or modification |
| 20 | | of the method of payment.
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| 21 | | (2) The court may grant a petition made under this |
| 22 | | subsection (e) if it finds that:
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| 23 | | (i) the circumstances that warranted payment by |
| 24 | | the time or method specified no longer exist; or
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| 25 | | (ii) it is otherwise unjust to require payment of |
| 26 | | the fine by the time or method specified.
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| 1 | | Section 25. Distribution of proceeds of fines. |
| 2 | | (a) The proceeds of all fines received under the provisions |
| 3 | | of this Act shall be transmitted to and deposited in the |
| 4 | | treasurer's office at the level of government as follows:
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| 5 | | (1) If the seizure was made by a combination of law
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| 6 | | enforcement personnel representing differing units of |
| 7 | | local government, the court levying the fine shall |
| 8 | | equitably allocate 50% of the fine among these units of |
| 9 | | local government and shall allocate 50% to the county |
| 10 | | general corporate fund. In the event that the seizure was |
| 11 | | made by law enforcement personnel representing a unit of |
| 12 | | local government from a municipality where the number of |
| 13 | | inhabitants exceeds 2,000,000, the court levying the fine |
| 14 | | shall allocate 100% of the fine to that unit of local |
| 15 | | government. If the seizure was made by a combination of law |
| 16 | | enforcement personnel representing differing units of |
| 17 | | local government, and at least one of those units |
| 18 | | represents a municipality where the number of inhabitants |
| 19 | | exceeds 2,000,000, the court shall equitably allocate 100% |
| 20 | | of the proceeds of the fines received among the differing |
| 21 | | units of local government.
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| 22 | | (2) If the seizure was made by State law enforcement |
| 23 | | personnel, then the court shall allocate 50% to the State |
| 24 | | treasury and 50% to the county general corporate fund.
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| 25 | | (3) If a State law enforcement agency in combination |
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| 1 | | with a law enforcement agency or agencies of a unit or |
| 2 | | units of local government conducted the seizure, the court |
| 3 | | shall equitably allocate 50% of the fines to or among the |
| 4 | | law enforcement agency or agencies of the unit or units of |
| 5 | | local government which conducted the seizure and shall |
| 6 | | allocate 50% to the county general corporate fund.
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| 7 | | (b) The proceeds of all fines allocated to the law |
| 8 | | enforcement agency or agencies of the unit or units of local |
| 9 | | government under subsection (a) shall be made available to that |
| 10 | | law enforcement agency as expendable receipts for use in the |
| 11 | | enforcement of laws regulating public corruption and other |
| 12 | | laws. The proceeds of fines awarded to the State treasury shall |
| 13 | | be deposited in the State Asset Forfeiture Fund. Moneys from |
| 14 | | this Fund may be used by the Department of State Police in the |
| 15 | | enforcement of laws regulating public corruption and other |
| 16 | | laws; and all other moneys shall be paid into the General |
| 17 | | Revenue Fund in the State treasury.
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| 18 | | Section 30. Preventing and restraining violations. |
| 19 | | (a) The circuit courts of the State shall have jurisdiction |
| 20 | | to prevent and restrain violations of this Act by issuing |
| 21 | | appropriate orders, including, but not limited to: ordering any |
| 22 | | person to divest himself or herself of any interest, direct or |
| 23 | | indirect, in any enterprise; imposing reasonable restrictions |
| 24 | | on the future activities or investment of any person, |
| 25 | | including, but not limited to, prohibiting any person from |
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| 1 | | engaging in the same type of endeavor as the enterprise engaged |
| 2 | | in, the activities of which affect business in this State; or |
| 3 | | ordering dissolution or reorganization of any enterprise, |
| 4 | | making due provision for the rights of innocent persons.
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| 5 | | (b) The Attorney General or the State's Attorney may |
| 6 | | institute proceedings under this Section. In any action brought |
| 7 | | under this Section, the court shall proceed as soon as |
| 8 | | practicable to the hearing and determination of the action. |
| 9 | | Pending that determination, the court may at any time enter any |
| 10 | | temporary restraining orders, preliminary or permanent |
| 11 | | injunctions, or prohibitions, or take any other actions |
| 12 | | including the acceptance of satisfactory performance bonds by a |
| 13 | | defendant, as it shall deem proper.
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| 14 | | (c) Any person directly injured in his or her business, |
| 15 | | person, or property by reason of a violation of this Act may |
| 16 | | sue the violator in any appropriate circuit court and shall |
| 17 | | recover threefold the damages he or she sustains and the cost |
| 18 | | of the action, including a reasonable attorney's fee.
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| 19 | | (d) A final judgment entered in favor of the People of the |
| 20 | | State of Illinois in any criminal proceeding brought under this |
| 21 | | Act shall estop the defendant in the criminal case from denying |
| 22 | | the essential allegations of the criminal offense in any |
| 23 | | subsequent civil proceeding brought under this Act.
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| 24 | | Section 35. Venue. Any civil action or proceeding under |
| 25 | | this Act against any person may be instituted in the circuit |
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| 1 | | court of any county in which the person resides, is found, has |
| 2 | | an agent, transacts his or her affairs, or in which property |
| 3 | | that is the subject of these proceedings is located.
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| 4 | | Section 40. Intent. It is the intent of the General |
| 5 | | Assembly that this Act be liberally construed so as to effect |
| 6 | | the purposes of this Act and be construed in accordance with |
| 7 | | similar provisions contained in the Narcotics Profit |
| 8 | | Forfeiture Act.
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| 9 | | Section 45. Severability. The provisions of this Act are |
| 10 | | severable under Section 1.31 of the Statute on Statutes.
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| 11 | | Section 900. The Election Code is amended by changing |
| 12 | | Section 9-8.10 as follows:
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| 13 | | (10 ILCS 5/9-8.10)
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| 14 | | Sec. 9-8.10. Use of political committee and other reporting |
| 15 | | organization
funds.
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| 16 | | (a) A political committee shall
not
make
expenditures:
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| 17 | | (1) In violation of any law of the United States or of |
| 18 | | this State.
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| 19 | | (2) Clearly in excess of the fair market value of the |
| 20 | | services,
materials, facilities,
or other things of value |
| 21 | | received in exchange.
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| 22 | | (3) For satisfaction or repayment of any debts other |
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| 1 | | than loans made to
the
committee or to the public official |
| 2 | | or candidate on behalf of the committee or
repayment of |
| 3 | | goods
and services purchased by the committee under a |
| 4 | | credit
agreement. Nothing in this Section authorizes the |
| 5 | | use of campaign funds to
repay personal loans. The |
| 6 | | repayments shall be made by check written to the
person who |
| 7 | | made the loan or credit agreement. The terms and conditions |
| 8 | | of any
loan or credit agreement to a
committee shall be set |
| 9 | | forth in a written agreement, including but not limited
to |
| 10 | | the
method and
amount of repayment, that shall be executed |
| 11 | | by the chairman or treasurer of the
committee at the time |
| 12 | | of the loan or credit agreement. The loan or agreement
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| 13 | | shall also
set forth the rate of interest for the loan, if |
| 14 | | any, which may not
substantially exceed the
prevailing |
| 15 | | market interest rate at the time the agreement is executed.
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| 16 | | (4) For the satisfaction or repayment of any debts or |
| 17 | | for the payment of
any expenses relating to a personal |
| 18 | | residence.
Campaign funds may not be used as collateral for |
| 19 | | home mortgages.
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| 20 | | (5) For clothing or personal laundry expenses, except |
| 21 | | clothing items
rented by
the public official or candidate
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| 22 | | for his or her own use exclusively for a specific |
| 23 | | campaign-related event,
provided that
committees may |
| 24 | | purchase costumes, novelty items, or other accessories |
| 25 | | worn
primarily to
advertise the candidacy.
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| 26 | | (6) For the travel expenses of
any person unless the |
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| 1 | | travel is necessary for fulfillment of political,
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| 2 | | governmental, or public policy duties, activities, or |
| 3 | | purposes.
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| 4 | | (7) For membership or club dues charged by |
| 5 | | organizations, clubs, or
facilities that
are primarily |
| 6 | | engaged in providing health, exercise, or recreational |
| 7 | | services;
provided,
however, that funds received under |
| 8 | | this Article may be used to rent the clubs
or facilities
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| 9 | | for a specific campaign-related event.
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| 10 | | (8) In payment for anything of value or for |
| 11 | | reimbursement of any
expenditure for
which any person has |
| 12 | | been reimbursed by the State or any person.
For purposes of |
| 13 | | this item (8), a per diem allowance is not a reimbursement.
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| 14 | | (9) For the purchase of or installment payment for a |
| 15 | | motor vehicle unless
the political committee can |
| 16 | | demonstrate that purchase of a motor vehicle is
more |
| 17 | | cost-effective than leasing a motor vehicle as permitted |
| 18 | | under this item
(9). A political committee may lease or |
| 19 | | purchase and insure, maintain, and
repair a motor vehicle |
| 20 | | if the vehicle will be used primarily for campaign
purposes |
| 21 | | or
for the performance of governmental duties. A committee
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| 22 | | shall not make expenditures for use of the vehicle for |
| 23 | | non-campaign or
non-governmental purposes. Persons using |
| 24 | | vehicles not purchased or leased by a
political committee |
| 25 | | may be reimbursed for actual mileage for the use of the
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| 26 | | vehicle for campaign purposes or for the performance of |
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| 1 | | governmental duties.
The mileage reimbursements shall be |
| 2 | | made at a rate not to exceed the standard
mileage rate |
| 3 | | method for computation of business expenses under the |
| 4 | | Internal
Revenue Code.
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| 5 | | (10) Directly for an individual's tuition or other |
| 6 | | educational expenses,
except for governmental or political |
| 7 | | purposes directly related to a candidate's
or public |
| 8 | | official's duties and responsibilities.
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| 9 | | (11) For payments to a public official or candidate or |
| 10 | | his or her
family member unless
for compensation for |
| 11 | | services actually rendered by that person.
The provisions |
| 12 | | of this item (11) do not apply to expenditures by a
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| 13 | | political committee in an aggregate
amount not exceeding |
| 14 | | the amount of funds reported to and certified by the State
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| 15 | | Board or county clerk as available as of June 30, 1998, in |
| 16 | | the semi-annual
report of
contributions and expenditures |
| 17 | | filed by the
political committee for the period concluding |
| 18 | | June 30, 1998.
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| 19 | | (b) The Board shall have the authority to investigate, upon
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| 20 | | receipt of a verified complaint, violations of the provisions |
| 21 | | of this Section.
The Board may levy a fine
on any person who |
| 22 | | knowingly makes expenditures in violation of this Section and
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| 23 | | on any person who knowingly makes a malicious and false |
| 24 | | accusation of a
violation of this Section.
The Board may act |
| 25 | | under this subsection only upon the affirmative vote of at
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| 26 | | least 5 of its members. The fine shall not
exceed $500 for each |
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| 1 | | expenditure of $500 or less and shall not exceed the
amount of |
| 2 | | the
expenditure plus $500 for each expenditure greater than |
| 3 | | $500. The Board shall
also
have the authority
to render rulings |
| 4 | | and issue opinions relating to compliance with this
Section.
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| 5 | | (c) Nothing in this Section prohibits the expenditure of |
| 6 | | funds of a
political
committee controlled by an officeholder or |
| 7 | | by a candidate to defray the customary and reasonable expenses |
| 8 | | of an
officeholder in
connection with the performance of |
| 9 | | governmental and public service functions.
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| 10 | | (d) Nothing in this Section prohibits the funds of a |
| 11 | | political committee which is controlled by a person convicted |
| 12 | | of a violation of any of the offenses listed in subsection (a) |
| 13 | | of Section 10 of the Public Corruption Profit Forfeiture Act |
| 14 | | from being forfeited to the State under Section 15 of the |
| 15 | | Public Corruption Profit Forfeiture Act. |
| 16 | | (e) Nothing in this Section prohibits the funds of a |
| 17 | | political committee, or an organization subject to Section |
| 18 | | 9-8.6 of this Code, which is controlled by a person convicted |
| 19 | | of a violation of any of the offenses listed in subsection (a) |
| 20 | | of Section 10 of the Public Corruption Profit Forfeiture Act |
| 21 | | from being forfeited under Section 15 of the Public Corruption |
| 22 | | Profit Forfeiture Act. |
| 23 | | (Source: P.A. 96-1019, eff. 1-1-11.)
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