96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB0887


 
Introduced 2/10/2009, by Rep. Mike Boland
 
SYNOPSIS AS INTRODUCED:









   




10 ILCS 5/Art. 9A heading new






10 ILCS 5/9A-5 new






10 ILCS 5/9A-10 new






10 ILCS 5/9A-15 new






10 ILCS 5/9A-20 new






10 ILCS 5/9A-25 new






10 ILCS 5/9A-30 new






10 ILCS 5/9A-35 new






10 ILCS 5/9A-40 new






10 ILCS 5/9A-45 new






10 ILCS 5/9A-50 new






10 ILCS 5/9A-55 new






30 ILCS 105/5.719 new






35 ILCS 5/506.7 new




35 ILCS 5/509
 from Ch. 120, par. 5-509







 Amends the Election Code, the State Finance Act, and the Illinois Income Tax Act. Establishes a voluntary system of public financing of campaigns for the offices of judges of the Illinois Supreme and Appellate Courts, administered by the State Board of Elections. Specifies limits on campaign contributions and expenditures with respect to all candidates for those offices. Creates the necessary fund in the State treasury and the income tax checkoff for the public financing system. Effective immediately.
















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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY


FISCAL NOTE ACT MAY APPLY
















 


 


A BILL FOR









 











HB0887

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1
 AN ACT concerning elections.


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 adding the 
5
heading of Article 9A and Sections 9A-5, 9A-10, 9A-15, 9A-20, 
6
9A-25, 9A-30, 9A-35, 9A-40, 9A-45, 9A-50, and 9A-55 as follows:

7
 (10 ILCS 5/Art. 9A heading new)
8

ARTICLE 9A.  PUBLIC CAMPAIGN FINANCING


9
 (10 ILCS 5/9A-5 new)
10
 Sec. 9A-5. Purpose of the Illinois Public Campaign 
11
Financing Fund. The purpose of this Article is to ensure the 
12
fairness of democratic elections in Illinois and to protect the 
13
constitutional rights of voters and candidates from the 
14
detrimental effects of increasingly large amounts of money 
15
being raised and spent to influence the outcome of elections, 
16
those effects being especially problematic in elections of the 
17
judiciary, as impartiality is uniquely important to the 
18
integrity and credibility of the courts. Accordingly, this 
19
Article establishes the Illinois Public Campaign Financing 
20
Fund as an alternative source of campaign financing for 
21
candidates who demonstrate public support and voluntarily 
22
accept strict fund-raising and spending limits. This Article is 
 


 






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available to candidates for Judge of the Illinois Supreme Court 
2
and for Judge of the Illinois Appellate Court in elections to 
3
be held in 2008 and thereafter.

4
 (10 ILCS 5/9A-10 new)
5
 Sec. 9A-10. Definitions. As used in this Article:
6
 "Board" means the State Board of Elections.
7
 "Candidate" means an individual who becomes a candidate as 
8
described in Section 9-1.3 for the office of Judge of the 
9
Illinois Supreme or Judge of the Illinois Appellate Court. The 
10
term includes a political committee authorized by the candidate 
11
for that candidate's election.
12
 "Certified candidate" means a candidate running for office 
13
who chooses to receive campaign funds from the Fund and who is 
14
certified under Section 9A-20.
15
 "Contested primary" and "contested general election" mean 
16
an election in which there are more candidates than the number 
17
to be elected.
18
 "Contribution" means a contribution as defined in Section 
19
9-1.4. A
distribution from the Fund pursuant to this Article is 
20
not a "contribution".
21
 "Expenditure" means an expenditure as defined in Section 
22
9-1.5.
23
 "Fund" means the Illinois Public Campaign Financing Fund 
24
established in this Article.
25
 "Maximum qualifying contributions" means an amount of 
 


 






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qualifying contributions equal to 60% of the annual 
2
compensation for the office.
3
 "Minimum qualifying contributions" means an amount of 
4
qualifying contributions equal to 20% of the annual 
5
compensation for the office.
6
 "Nonparticipating candidate" means a candidate running for 
7
office who is not seeking to be certified under Section 9A-20).
8
 "Office" means the office of Judge of the Illinois 
9
Appellate Court or Judge of the Illinois Supreme Court.
10
 "Participating candidate" means a candidate for office who 
11
has filed a declaration of intent to participate under Section 
12
9A-20.
13
 "Political committee" means a political committee as 
14
defined in Section 9-1..9.
15
 "Qualifying contribution" means a contribution of not less 
16
than $10 and not more than $500 in the form of a check or money 
17
order to the candidate or the candidate's committee that is (i) 
18
made by any registered voter in this State and (ii) made during 
19
the qualifying period and obtained with the approval of the 
20
candidate or candidate's committee.
21
 "Qualifying period" means the period beginning September 1 
22
in the year before the relevant election and ending on the day 
23
of the primary before the relevant election.
24
 "Trigger for rescue funds" means the dollar amount at which 
25
rescue funds are released for certified candidates. In the case 
26
of a primary, the trigger equals the maximum qualifying 
 


 






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contributions for participating candidates. In the case of a 
2
contested general election, the trigger equals the base level 
3
of funding available under subsection (b)(4) of Section 9A-25.


4
 (10 ILCS 5/9A-15 new)
5
 Sec. 9A-15. Illinois Public Campaign Financing Fund 
6
established; sources of funding.
7
 (a) The Illinois Public Campaign Financing Fund is 
8
established as a special fund in the State treasury to finance 
9
the election campaigns of certified candidates for office and 
10
to pay administrative and enforcement costs of the Board 
11
related to this Article. All expenses of administering this 
12
Article and personnel and other costs incurred by the Board 
13
shall be paid from the Fund and not from the General Revenue 
14
Fund. Any interest generated by the Fund is credited to the 
15
Fund. The Board shall administer the Fund.
16
 (b) Money received from all the following sources must be 
17
deposited into the Fund:
18
  (1) Designations made to the Illinois Public Campaign 
19
 Financing Fund by individual taxpayers pursuant to the 
20
 Illinois Income Tax Act.
21
  (2) Any contributions made by attorneys in accordance 
22
 with Section 9A-55.
23
  (3) Illinois Public Campaign Financing Fund revenues 
24
 distributed for an election that remain unspent or 
25
 uncommitted at the time the recipient is no longer a 
 


 






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 certified candidate in the election.
2
  (4) Money ordered returned to the Illinois Public 
3
 Campaign Financing Fund in accordance with Section 9A-45.
4
  (5) Voluntary donations made directly to the Illinois 
5
 Public Campaign Financing Fund. Corporations, other 
6
 business entities, labor unions, and professional 
7
 associations may make donations to the Fund.
8
 (c) By October 1, 2009, and every 2 years thereafter, the 
9
Board, in conjunction with the Advisory Council for the 
10
Illinois Public Campaign Financing Fund, shall prepare and 
11
provide to the General Assembly a report documenting, 
12
evaluating, and making recommendations relating to the 
13
administration, implementation, and enforcement of this 
14
Article. In its report, the Board shall set out the funds 
15
received to date and the expected needs of the Fund for the 
16
next election.

17
 (10 ILCS 5/9A-20 new)
18
 Sec. 9A-20. Requirements for participation;
certification 
19
of candidates.
20
 (a) Any individual choosing to receive campaign funds from 
21
the Fund shall first file with the Board a declaration of 
22
intent to participate in this Article as a candidate for a 
23
stated office. The declaration of intent shall be filed before 
24
or during the qualifying period and before collecting any 
25
qualifying contributions. In the declaration, the candidate 
 


 






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shall swear or affirm that only one political committee, 
2
identified with its treasurer, shall handle all contributions, 
3
expenditures, and obligations for the participating candidate 
4
and that the candidate will comply with the contribution and 
5
expenditure limits set forth in subsection (d) of this Section 
6
and all other requirements set forth in this Article or adopted 
7
by the Board. Failure to comply is a violation of this Article.
8
 (b) Participating candidates who seek certification to 
9
receive campaign funds from the Fund shall first, during the 
10
qualifying period, obtain qualifying contributions from at 
11
least 175 registered voters in an aggregate sum that at least 
12
equals the amount of minimum qualifying contributions 
13
described in Section 9A-10 but that does not exceed the amount 
14
of maximum qualifying contributions described in Section 
15
9A-10.
16
 No payment, gift, or anything of value shall be given in 
17
exchange for a qualifying contribution.
18
 (c) Upon receipt of a submittal of the record of 
19
demonstrated support by a participating candidate, the Board 
20
shall determine whether or not the candidate has complied with 
21
all the following requirements, if they apply to that 
22
candidate:
23
  (1) Signed and filed a declaration of intent to 
24
 participate in this Article.
25
  (2) Submitted a report itemizing the appropriate 
26
 number of qualifying contributions received from 
 


 






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1
 registered voters, which the Board shall verify through a 
2
 random sample or other means it adopts. The report shall 
3
 include the county of residence of each registered voter 
4
 listed.
5
  (3) Qualified to receive votes on the ballot as a 
6
 candidate for the office.
7
  (4) Otherwise met the requirements for participation 
8
 in this Article.
9
 The Board shall certify candidates complying with the 
10
requirements of this Section as soon as possible and no later 
11
than 5 business days after receipt of a satisfactory record of 
12
demonstrated support.
13
 (d) The following restrictions shall apply to 
14
contributions and expenditures with respect to participating 
15
and certified candidates:
16
  (1) Beginning January 1 of the year before the election 
17
 and before the filing of a declaration of intent, a 
18
 candidate for office may accept in contributions up to 
19
 $10,000 from sources and in amounts permitted by this Code 
20
 and may expend up to $10,000 for any campaign purpose. A 
21
 candidate who exceeds either of these limits shall be 
22
 ineligible to file a declaration of intent or receive funds 
23
 from the Illinois Public Campaign Financing Fund.
24
  (2) From the filing of a declaration of intent through 
25
 the end of the qualifying period, a candidate shall expend 
26
 no more than an amount equal to the maximum qualifying 
 


 






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 contributions for that candidate, not including possible 
2
 rescue funds or the remaining money raised pursuant to 
3
 paragraph (1) of this subsection. Contributions a 
4
 candidate may use to expend to that limit shall be limited 
5
 to qualifying contributions and personal and family 
6
 contributions permitted by paragraph (4) of this 
7
 subsection.
8
  (3) After the qualifying period and through the date of 
9
 the general election, the candidate shall expend only the 
10
 funds the candidate receives from the Fund pursuant to 
11
 subsection (b)(4) of Section 9A-25 plus any funds remaining 
12
 from the qualifying period and possible rescue funds.
13
  (4) During the qualifying period, the candidate may 
14
 contribute up to $2,500 of that candidate's own money to 
15
 the campaign and may accept in contributions $1,000 from 
16
 each member of that candidate's family consisting of 
17
 spouse, parent, child, brother, and sister.
18
  (5) A candidate and the candidate's committee shall 
19
 limit the use of all revenues permitted by this subsection 
20
 to expenditures for campaign-related purposes only. The 
21
 Board shall publish guidelines outlining permissible 
22
 campaign- related expenditures.
23
  (6) Any contribution received by a participating or 
24
 certified candidate that falls outside that permitted by 
25
 this subsection shall be returned to the donor as soon as 
26
 practical. Contributions intentionally made, solicited, or 
 


 






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 accepted in violation of this Article are subject to civil 
2
 penalties as specified in Section 9A-45. The funds involved 
3
 shall be forfeited to the Fund.
4
  (7) A candidate shall return to the Fund any amount 
5
 distributed for an election that is unspent and uncommitted 
6
 at the date of the election, or at the time the individual 
7
 ceases to be a certified candidate, whichever occurs first. 
8
 For accounting purposes, all qualifying, personal, and 
9
 family contributions shall be considered spent before 
10
 revenue from the Fund is spent or committed.
11
 (e) A candidate may revoke, in writing to the Board, a 
12
decision to participate in the Illinois Public Campaign 
13
Financing Fund at any time before the deadline for the 
14
candidate's submission of information for the Voter's Guide 
15
under Article 12A. After a timely revocation, that candidate 
16
may accept and expend outside the limits of this Article, other 
17
than Section 9A-50, without violating this Article. Within 10 
18
days after revocation, a candidate shall return to the Board 
19
all money received from the Fund.

20
 (10 ILCS 5/9A-25 new)
21
 Sec. 9A-25. Distribution from the Fund.
22
 (a) The Board shall distribute to a certified candidate 
23
revenue from the Fund in an amount determined under subsection 
24
(b)(4) of this Section within 5 business days after the 
25
certified candidate's name is approved to appear on the ballot 
 


 






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in a contested general election, but no earlier than 5 business 
2
days after the primary.
3
 (b) By August 1, 2009, and no less frequently than every 2 
4
years thereafter, the Board shall determine the amount of 
5
funds, rounded to the nearest $100, to be distributed to 
6
certified candidates as follows:
7
  (1) Uncontested primaries. No funds shall be 
8
 distributed.
9
  (2) Contested primaries. No funds shall be distributed 
10
 except as provided in Section 9A-35.
11
  (3) Uncontested general elections. No funds shall be 
12
 distributed.
13
  (4) Contested general elections. Funds shall be 
14
 distributed to a certified candidate for a position on the 
15
 Illinois Appellate Court in an amount equal to 125% of the 
16
 annual compensation for the office of Judge of the Illinois 
17
 Appellate Court. Funds shall be distributed to a certified 
18
 candidate for a position on the Illinois Supreme Court in 
19
 an amount equal to 175% of the annual compensation for the 
20
 office of Judge of the Illinois Supreme Court.
21
 (c) The Board, in consultation with the State Treasurer and 
22
the State Comptroller, shall develop a rapid, reliable method 
23
of conveying funds to certified candidates. In all cases, the 
24
Board shall distribute funds to certified candidates in a 
25
manner that is expeditious, ensures accountability, and 
26
safeguards the integrity of the Fund. If the money in the Fund 
 


 






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is insufficient to fully fund all certified candidates, then 
2
the available money shall be distributed proportionally, 
3
according to each candidate's eligible funding.

4
 (10 ILCS 5/9A-30 new)
5
 Sec. 9A-30. Reporting requirements.
6
 (a) Any noncertified candidate with a certified opponent 
7
shall report total income, expenses, and obligations to the 
8
Board by facsimile machine or electronically within 24 hours 
9
after the total amount of campaign expenditures or obligations 
10
made, or funds raised or borrowed, exceeds 80% of the trigger 
11
for rescue funds as described in Section 9A-10. Any entity 
12
other than a candidate making expenditures in excess of $3,000 
13
in support of or opposition to a certified candidate shall 
14
report the total funds received, spent, or obligated for those 
15
expenditures to the Board by facsimile machine or 
16
electronically within 24 hours after the total amount of 
17
expenditures or obligations made, or funds raised or borrowed, 
18
for the purpose of making the expenditures, exceeds 50% of the 
19
trigger for rescue funds. After this 24-hour filing, the 
20
noncertified candidate or the entity other than the candidate 
21
shall comply with an expedited reporting schedule by filing 
22
additional reports after receiving each additional amount in 
23
excess of $1,000 or after making or obligating to make each 
24
additional expenditure or expenditures in excess of $1,000. The 
25
schedule and forms for reports required by this subsection 
 


 






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shall be made according to procedures developed by the Board.
2
 (b) Notwithstanding other provisions of law, participating 
3
and certified candidates shall report any money received, 
4
including all previously unreported qualifying contributions, 
5
all campaign expenditures, all obligations, and all related 
6
activities to the Board according to procedures developed by 
7
the Board. A certified candidate who ceases to be certified or 
8
ceases to be a candidate or who loses an election shall file a 
9
final report with the Board and return any unspent revenues 
10
received from the Fund. In developing these procedures, the 
11
Board shall use existing campaign reporting procedures 
12
whenever practical.
13
 (c) The Board shall ensure prompt public access to the 
14
reports received in accordance with this Article. The Board may 
15
use electronic means of reporting and storing information.

16
 (10 ILCS 5/9A-35 new)
17
 Sec. 9A-35. Rescue funds.
18
 (a) When any report or group of reports shows that funds in 
19
opposition to a certified candidate or in support of an 
20
opponent to that candidate, as described in this Section, 
21
exceed the trigger for rescue funds as described in Section 
22
9A-10, the Board shall issue immediately to that certified 
23
candidate an additional amount equal to the reported excess 
24
within the limits set forth in this Section. "Funds in 
25
opposition to a certified candidate or in support of an 
 


 






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opponent to that candidate" shall be equal to the sum of the 
2
following:
3
  (1) Campaign expenditures or obligations made, or 
4
 funds raised or borrowed, whichever is greater, reported by 
5
 any one uncertified opponent of a certified candidate. If a 
6
 certified candidate has more than one uncertified 
7
 opponent, the measure shall be taken from the uncertified 
8
 candidate showing the highest relevant dollar amount.
9
  (2) The sum of all expenditures reported in accordance 
10
 with Section 9A-30 of entities other than candidates making 
11
 expenditures in opposition to the certified candidate or in 
12
 support of any opponent of that certified candidate.
13
 (b) Total rescue funds to a certified candidate in a 
14
contested primary shall be limited to an amount equal to 2 
15
times the maximum qualifying contributions for the office 
16
sought.
17
 (c) Total rescue funds to a certified candidate in a 
18
contested general election shall be limited to an amount equal 
19
to 2 times the amount described in subsection (b)(4) of Section 
20
9A-25.

21
 (10 ILCS 5/9A-40 new)
22
 Sec. 9A-40. Enforcement and administration.
23
 (a) The Board, with the advice of the Advisory Council for 
24
the Illinois Public Campaign Financing Fund, shall administer 
25
the provisions of this Article.
 


 






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 (b) There is established under the Board the Advisory 
2
Council for the Illinois Public Campaign Financing Fund to 
3
advise the Board on the rules, procedures, and opinions it 
4
adopts for the enforcement and administration of this Article 
5
and on the funding needs and operation of the Illinois Public 
6
Campaign Financing Fund. The Advisory Council shall consist of 
7
5 members to be appointed as follows:
8
  (1) The Governor and Lieutenant Governor shall each 
9
 name one member from a list of 5 nominees submitted by the 
10
 State Chair of the political party with which the greatest 
11
 number of registered voters in Illinois is affiliated.
12
  (2) The Governor and Lieutenant Governor shall each 
13
 name one member from a list of 5 nominees submitted by the 
14
 State Chair of the political party with which the second 
15
 greatest number of registered voters in Illinois is 
16
 affiliated.
17
  (3) The Board shall name one member by unanimous vote 
18
 of all members of the Board. If the Board cannot reach 
19
 unanimity on the appointment of that member, the Advisory 
20
 Council shall consist of the remaining members.
21
 No individual shall be eligible to be a member of the 
22
Advisory Council who would be ineligible to serve on a board of 
23
election commissioners in accordance with Article 6 or Article 
24
6A. The initial members shall be appointed by December 1, 2009. 
25
Of the initial appointees, one by the Governor and one by the 
26
Lieutenant Governor, as determined by those appointing 
 


 






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authorities, are appointed for one-year terms, one by the 
2
Governor and one by the Lieutenant Governor, as determined by 
3
those appointing authorities, are appointed for 2-year terms, 
4
and the member appointed by the Board is appointed for a 3-year 
5
term. Thereafter, appointees are appointed to serve 4-year 
6
terms. An individual may not serve more than 2 full terms. The 
7
appointed members shall receive no compensation but shall be 
8
reimbursed for reasonable expenses incurred in the performance 
9
of their duties. One of the Advisory Council members shall be 
10
elected by the members as Chair. A vacancy during an unexpired 
11
term shall be filled by the original appointing authority in 
12
the same manner as the regular appointment for that term, but a 
13
vacancy appointment is only for the unexpired portion of the 
14
term.
15
 (c) The initial decision on an issue concerning 
16
qualification, certification, or distribution of funds under 
17
this Article shall be made by the Executive Director of the 
18
Board. The procedure for challenging that decision is as 
19
follows:
20
  (1) An individual or entity aggrieved by a decision by 
21
 the Executive Director of the Board may appeal to the full 
22
 Board within 3 business days of the decision. The appeal 
23
 shall be in writing and shall set forth the reasons for the 
24
 appeal.
25
  (2) Within 5 business days after an appeal is properly 
26
 made, and after due notice is given to the parties, the 
 


 






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 Board shall hold a hearing. The appellant has the burden of 
2
 providing evidence to demonstrate that the decision of the 
3
 Executive Director was improper. The Board shall rule on 
4
 the appeal within 3 business days after the completion of 
5
 the hearing.
6
 (d) The Board shall adopt rules and issue opinions to 
7
ensure effective administration of this Article. Those rules 
8
and opinions shall include, but not be limited to, procedures 
9
for obtaining qualifying contributions, certification of 
10
candidates, vacancies, recounts, withdrawals, replacements, 
11
collection of revenues for the Fund, distribution of Fund 
12
revenue to certified candidates, return of unspent Fund 
13
disbursements, and compliance with this Article. The Board 
14
shall adopt procedures for the distribution of rescue money 
15
that further the purpose and avoid the subversion of Section 
16
9A-35. For races involving recounts, vacancies, withdrawals, 
17
or replacement candidates, the Board shall establish 
18
procedures for qualification, certification, disbursement of 
19
Fund revenues, and return of unspent Fund revenues. The Board 
20
shall fulfill each of these duties in consultation with the 
21
Advisory Council on the Illinois Public Campaign Financing 
22
Fund.
23
 (e) The Advisory Council for the Illinois Public Campaign 
24
Financing Fund shall issue a report by March 1, 2011, and every 
25
2 years thereafter that evaluates and makes recommendations 
26
about the implementation of this Article and the feasibility of 
 


 






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expanding its provisions to include other candidates for State 
2
office based on the experience of the Fund and the experience 
3
of similar programs in other states. The Advisory Council shall 
4
also evaluate and make recommendations regarding how to address 
5
activities that could undermine the purpose of this Article, 
6
including spending that appears to target candidates receiving 
7
money from the Fund but that does not fall within this 
8
Article's reporting requirements.

9
 (10 ILCS 5/9A-45 new)
10
 Sec. 9A-45. Civil penalty. In addition to any other 
11
penalties that may be applicable, any individual, political 
12
committee, or other entity that violates any provision of this 
13
Article is subject to a civil penalty of up to $10,000 per 
14
violation or 3 times the amount of any financial transactions 
15
involved in the violation, whichever is greater. In addition to 
16
any fine, for good cause shown, a candidate found in violation 
17
of this Article may be required to return to the Fund all 
18
amounts distributed to the candidate from the Fund. If the 
19
Board makes a determination that a violation of this Article 
20
has occurred, the Board shall calculate and assess the amount 
21
of the civil penalty and shall notify the entity that is 
22
assessed the civil penalty of the amount that has been 
23
assessed. The Board shall then proceed as in the imposition of 
24
any civil penalty. In determining whether or not a candidate is 
25
in violation of this Article, the Board may consider as a 
 


 






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mitigating factor any circumstances out of the candidate's 
2
control.

3
 (10 ILCS 5/9A-50 new)
4
 Sec. 9A-50. Contribution limits.
5
 (a) No candidate shall accept, and no contributor shall 
6
make to that candidate, a contribution in any election 
7
exceeding $1,000 except as otherwise provided in this Section.
8
 (b) A candidate may accept, and a family contributor may 
9
make to that candidate, a contribution not exceeding $2,000 in 
10
an election if the contributor is that candidate's parent, 
11
child, brother, or sister.
12
 (c) No candidate shall accept, and no contributor shall 
13
make to that candidate, a contribution during the period 
14
beginning 21 days before the day of the general election and 
15
ending the day after the general election. This subsection 
16
applies with respect to a candidate opposed in the general 
17
election by a certified candidate who has not received the 
18
maximum rescue funds available under Section 9A-35. The 
19
recipient of a contribution that apparently violates this 
20
subsection has 3 days to return the contribution or file a 
21
detailed statement with the Board explaining why the 
22
contribution does not violate this subsection.
23
 (d) Nothing in this Section shall prohibit a candidate or 
24
the spouse of that candidate from making a contribution or loan 
25
secured entirely by that individual's assets to that 
 


 






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1
candidate's own campaign.
2
 (e) Any individual, candidate, political committee, or 
3
other entity that violates the provisions of this Section is 
4
guilty of a Class 2 misdemeanor.

5
 (10 ILCS 5/9A-55 new)

6
 Sec. 9A-55. Attorneys-at-law contribution. The Supreme 
7
Court may, in its
discretion, require attorneys, licensed to 
8
practice in Illinois, to make
monetary contributions to the 
9
Illinois Public Campaign Financing Fund not
to exceed $50 
10
annually.

11
 Section 10. The State Finance Act is amended by adding 
12
Section 5.719 as follows:

13
 (30 ILCS 105/5.719 new)
14
 Sec. 5.719. Illinois Public Campaign Financing Fund.


15
 Section 15. The Illinois Income Tax Act is amended by 
16
changing Section 509 and by adding Section 506.7
as follows:



17
 (35 ILCS 5/506.7 new)

18
 Sec. 506.7. Designation of tax to the Illinois Public 
19
Campaign Financing
Fund. The Department shall print on its 
20
standard individual income tax form a
provision indicating that 
21
if the taxpayer wishes to contribute to the Illinois
Public 
 


 






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Campaign Financing Fund, as authorized by this amendatory Act 
2
of the
96th General Assembly, he or she may do so by stating 
3
the amount of the
contribution (not less than $3) on the return 
4
and that the contribution will
reduce the taxpayer's refund or 
5
increase the amount of payment to accompany the
return. Failure 
6
to remit any amount of the increased payment shall reduce the

7
contribution accordingly. This Section does not apply to any 
8
amended return.
This tax checkoff applies to income tax forms 
9
for taxable years 2010 and
thereafter.





10
 (35 ILCS 5/509) (from Ch. 120, par. 5-509)



11
 Sec. 509. Tax checkoff explanations. All individual income 
12
tax return forms
shall contain appropriate explanations and 
13
spaces to enable the taxpayers to
designate contributions to 
14
the funds to which contributions may be made under this Article 
15
5. the Healthy Smiles Fund,

16
 Each form shall contain a statement that the contributions 
17
will reduce the
taxpayer's refund or increase the amount of 
18
payment to accompany the return.
Failure to remit any amount of 
19
increased payment shall reduce the contribution
accordingly.

20
 If, on October 1 of any year, the total contributions to 
21
any one of the
funds made under this Article 5, except the 
22
Illinois Public Campaign Financing Fund, do not equal $100,000 
23
or more, the explanations
and spaces for designating 
24
contributions to the fund shall be removed from the
individual 
25
income tax return forms for the following and all subsequent 
 


 






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years
and all subsequent contributions to the fund shall be 
2
refunded to the taxpayer.

3
(Source: P.A. 94-73, eff. 6-23-05; 94-107, eff. 7-1-05; 94-141, 
4
eff. 1-1-06; 94-142, eff. 1-1-06; 94-442, eff. 8-4-05; 94-602, 
5
eff. 8-16-05; 94-649, eff. 8-22-05; 94-876, eff. 6-19-06; 
6
95-331, eff. 8-21-07; 95-434, eff. 8-27-07; 95-435, eff. 
7
8-27-07; 95-940, eff. 8-29-08; revised 9-25-08.)



8
 Section 99. Effective date. This Act takes effect upon 
9
becoming law.