HB 7 in Detail: Penalties for Violations

Cross posteed from ICPR's blog, The Race is On:

Today, ICPR continues its series on the problems with HB 7, beyond the astronomical dollar limits. Earlier posts are here, here, and here.

Suppose you think the dollar amounts you are allowed to contribute in HB 7 are too low. (Stop laughing, this is a serious blog post!) If you wanted to give more money to a committee than HB 7 would let you, what do you do? Let's consider the consequences of violating HB 7.

The penalty section in HB 7 is here (it starts on page 42 of HB 7):

18 (h) Contributions or transfers in violation of this
19 Section. A political committee that receives a contribution or
20 transfer in violation of this Section shall dispose of the
21 contribution or transfer by returning the contribution or
22 transfer, or an amount equal to the contribution or transfer,
23 to the contributor or transferor or donating the contribution
24 or transfer, or an amount equal to the contribution or
25 transfer, to a charity. A contribution or transfer received in
26 violation of this Section that is not disposed of as provided
1 in this subsection within 30 days after its receipt shall
2 escheat to the General Revenue Fund.

That's it. The committee would have 30 days to give the money back, or the state could lay claim to it. Alternately, the committee could give an equal amount to charity within 30 days. The contributor pays no penalty, even if the contribution was knowingly and intentionally excessive. And other than the loss of the excess amount, the committee pays no penalty, even if the committee plotted and planned with the contributor to violate the law.

So what do you do if you need cash for that final push before Election Day? ICPR would never counsel anyone to break the law. But, strictly hypothetically, what if someone did break the law? Here's what happens: If the candidate wins, the committee would have a few weeks to raise enough money from other donors to refund the excess to those who gave illegal contributions, or make a donation to charity. And winning candidates usually have a comparatively easy time raising money from new donors; from a contributor's point of view, the candidate's a sure thing. And if the candidate loses? So what if the state may lay claim to the money; if the committee is broke, there's no money for the state to seize. Dissolve the committee, and there will be no continuing obligations to worry about.

Real reform laws need real teeth. The penalties section in HB 7 needs to be improved.

To comment, please visit ICPR's blog.

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GOPUSA ILLINOIS Daily Clips - August 18, 2009

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"Week of reform"

By Bethany Jaeger
The end of August marks a deadline for Gov. Pat Quinn, who has to act on legislation approved by the General Assembly before bills automatically become law. In Chicago today, Quinn deemed this week as a “week of reform,” starting with today’s enactment of the revamped laws to ensure public access to information. He could soon act on ethics legislation to limit the amount individuals and political organizations could donate to candidates.

Freedom of Information Act = Senate Bill 189
Quinn signed SB 189, which rewrites the Freedom of Information Act (background here). Starting in January 2010, the process of requesting public information is supposed to get faster and more accountable.

In addition to new training requirements and higher standards for denying access to information, the new FOIA will require public bodies to reply to requests for information within five business days, as opposed to the current seven days. And if a public body denies a request, individuals will have to take fewer steps and less time to appeal that denial.

“The main thing this new act does is enforce many of the good words that were already part of Illinois law that were ignored by public officials,” said Hanke Gratteau, a member of Quinn’s Illinois Reform Commission and former investigative reporter and managing editor for the Chicago Tribune. “There is now recourse if that is avoided, and that’s why it’s good enough for me.”

Local and state governments still can deny access to information under a series of exemptions, and the legislature still can withhold internal documents such as staff analyses and final reports drafted by consultants.

But there are new penalties, something absent from the current FOIA. Under the new version, if a court finds that a public official intentionally violated the FOIA or Open Meetings Act, the official could be fined between $2,400 and $5,000 for each offense.

The new law also gives new powers to the Illinois attorney general's office, where members of the public, media or government can seek help from a specialized lawyer to settle disputes about whether information should be released. The so-called public access counselor will have new authority to issue binding opinions and to subpoena information.

“Today, we can say that Illinois will officially make it out of the Stone Age of transparency,” Attorney General Lisa Madigan said. “We will end the culture of secrecy that surrounds our government, and we will have, I think, a better relationship and better trust with members of the public.”

The Illinois Municipal League, however, believes the new FOIA will place a heavy burden on local governments and won’t go as smoothly as lawmakers think in the next four and a half months, said Roger Huebner, the organization’s deputy executive director and general counsel. Every governmental body covered by the FOIA now has had its primary function fundamentally redefined to field information requests, regardless of whether their budgets have been slashed, he added. More background on the Municipal League’s statements are online.

Cara Smith, deputy chief of staff of policy and communications for the attorney general's office, said she disagrees and that the new law could lessen the burden on local governments because they will have a built-in resource with access to a public access counselor, as opposed to an outside legal counsel.

Heubner referred to commercial requests, in particular, as problematic because they tend to be broad, time-consuming requests. “That’s going to become a financial nightmare.” Local governments still can reject requests by deeming them unduly burdensome.

Heubner also said the new FOIA isn’t written for lay people and that information requests immediately will become legal matters if disputed. “This bill has gone from the hope to help the laymen to the lawyer’s dream.”

Smith said: "If the public body has denied a request and the citizen comes to us for help, then the public body will have to decide if they want to interact with us informally or if they have to get a lawyer. It's certainly not necessary." She added, "I recognize that the public bodies have not looked at this as a benefit to them, but I think that over time, they will see it as just that."

Quinn’s enactment of the new FOIA comes after the governor came under media scrutiny for reportedly using his personal cell phone rather than using a state-provided phone that is subject to public access laws. Quinn said in Chicago today that taxpayers do not pay for his private cell phone and that he doesn’t use it for official state business.

“I do not use this phone to make e-mails to government employees or conduct any kind of communication with government employees,” he said. “As the person of the attorney general’s office who oversees this law [determined], private phone calls that don’t come out of public funds are not subject to the Freedom of Information Act.”

Transparency = House Bill 35
The state also launched a new Web site where anyone with Internet access can look up state employee salaries, state contacts and state-issued licenses. It’s called the Illinois Transparency and Accountability Portal.

Individuals also can look up all board and commission members, as well as their terms and whether they get paid at a new site dedicated to executive appointments. It was created under Senate Bill 1602, which also establishes new ethics requirements for board and commission members.

Campaign finance reform = House Bill 7
Quinn indicated he also could act as soon as tomorrow on legislation that would limit the amount individuals and political organizations could donate to political campaigns. HB 7 won legislative approval but was not the version recommended by the governor’s own Illinois Reform Commission. (Background here.)

Quinn could use his amendatory veto power to change the legislation, although he said he uses that power judiciously. “I’m going to use that only where it’s needed and where it can advance the common good. I think that’s the way we have to do it. We don’t do it to kick the legislature in the shins. I don’t believe in that.”

Patty Schuh, spokeswoman for the Senate Republicans, said Minority Leader Christine Radogno asked the governor to veto the bill in its entirety "because it’s been called worse than nothing. We believe there is ample opportunity to revisit this if everyone is committed to change,” Schuh said.

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GOPUSA ILLINOIS Daily Clips - August 17, 2009

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GOPUSA ILLINOIS Daily Clips - August 16, 2009

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GOPUSA ILLINOIS Daily Clips - August 15, 2009

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HB 7 in Detail: Constituent Services

Cross posted from ICPR's blog, The Race is On:


Today, ICPR continues its series on the problems with HB 7, beyond the astronomical dollar limits. Previous posts are here and here.

HB 7 creates a wholly new type of committee, one dedicated to "constituent services" -- a new type that's ripe for abuse. It's true that for many years, public officials have used personal funds or campaign contributions to supplement the public funding allocated to their district offices. While the proper solution to underfunded district offices is to increase the public allocation, the use of a small portion of campaign funds has become a normal practice in Illinois.

HB 7 institutionalizes this practice by creating new committees dedicated to supplementing the district office allocation. But it raises very troubling questions. Will incumbents be able to use their constituent services committees to produce and distribute mailers and hold public events? It will be difficult if not impossible to determine when such activities are political (aimed at voters in the district), as compared to expenditures that are (as HB 7 states) “related to constituent services and the maintenance of the official’s public office” as these are aimed at the exact same people, and may occur at the exact same time. Note that there are none of the restrictions on Constituent Services Committees that apply to mailings on behalf of legislators by the Legislative Printing Unit, for instance.

Furthermore, would donors be able to contribute money to an official’s constituent service committee at the same time that they lobby them? Session day fundraisers have been banned for over a decade. The law now bars legislators from holding "fundraising functions" on session days. But a separate bill, SB 54, makes a change to the section of the 2003 Ethics Act regarding session day fundraisers, inserting the word "political" before the phrase "fundraising functions" (this change is on page 18 of SB 54):

1 (5 ILCS 430/5-40)
2 Sec. 5-40. Fundraising in Sangamon County. Except as
3 provided in this Section, any executive branch constitutional
4 officer, any candidate for an executive branch constitutional
5 office, any member of the General Assembly, any candidate for
6 the General Assembly, any political caucus of the General
7 Assembly, or any political committee on behalf of any of the
8 foregoing may not hold a political fundraising function in
9 Sangamon County on any day the legislature is in session (i)
10 during the period beginning February 1 and ending on the later
11 of the actual adjournment dates of either house of the spring
12 session and (ii) during fall veto session. For purposes of this
13 Section, the legislature is not considered to be in session on
14 a day that is solely a perfunctory session day or on a day when
15 only a committee is meeting.

On its face, this change would seem to allow non-political fundraising. Perhaps the intent is merely to let legislators sponsor events for groups like United Way or the Cancer Society. But coupled with the creation of Constituent Services Committees, which are by intention for non-political purposes, this provision is very disturbing. Could a Constituent Services Committee hold a session day funder? The law doesn't say, and where the law is silent, loopholes are formed.

To comment, please visit ICPR's blog.

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GOPUSA ILLINOIS Daily Clips - August 14, 2009

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Metra Set To Buy Crystal Lake Commuter Station Land without Public Input

So I'm trying to track down what is going to happen about the proposed purchase of the Ridgefield commuter station site that the Northwest Herald says is half owned by McHenry County Board Chairman Ken Koehler.

I'd like to know what's at the end of the tunnel before my tax dollars get there.

I went to the search engine and typed in the location of the proposed site: "Ridgefield." Below you see what I found.

"Your search for ridgefield did not match any documents,"

was the message on the screen.

The Metra agenda is not published online, as is the agenda of McHenry County College.

McHenry County College does not have a stellar record of publishing its agenda and board packet before its meeting, but it usually does so.

Media relations woman Meg Reile emailed me the agenda for tomorrow's board meeting says,

Ordinance authorizing a Purchase and Sale Agreement between Metra and Amcore Bank as Trustee of Trust No. 3582.

That's it.

I called the Metra Board Secretary Lisa Murphy and was told the board packet would be online starting in September. That would be good.

But I'm interested in tomorrow's board packet, so, asking for whatever would be in the board packet concerning the Ridgefield station, I gave her my phone and fax numbers.

Comments may be sent to Metra Board members here metraboard@metrarr.com

Published first on McHenry County Blog where links to articles on the subject that might be of interest appear below:Articles that might be of interest:

Alexander Lumber's Move to Ridgefield, Proposed Metra Station Implications

Musings on the Proposed Ridgefield Metra Station

Ridgefield Businessman Takes on McHenry County Board Chairman Ken Koehler over Proposed Metra Station

$1.5 Million Being Paid for Ridgefield Metra Site Half-Owned by McHenry County Board Chairman Ken Koehler

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A look at what's on the governor's desk

Cross posted from ICPR's blog, The Race is On:

A bunch of bills dealing with the reform agenda were sent to the governor's desk earlier this year. Where are they now, and what does the future hold? Let's take them in alphabetical and numerical order:

HB 7, relating to campaign finance, was sent to the governor on June 30. The governor has until Saturday, August 29 to take action.

HB 35, creating an "accountability portal" on the Internet with state expenditure and salary information, was signed into law on Tuesday, August 11. It's PA 06-225.

HB 267, which allows grace period voter registration as late as 7 days prior to an election (now, grace period registration ends 14 days prior), was sent to the governor on June 17. The governor has until Sunday, August 16 to take action.

HB 723, which imposes petition signature requirements on candidates nominated for office after a primary election, was sent to the governor on June 26. The governor has until Tuesday, August 25 to take action.

SB 51, which makes improvements to the procurement code, was sent to the governor on June 19. The governor has until Tuesday, August 18 to take action.

SB 54, which changes the 2003 Ethics Act and the Lobbyist Registration Act, among other things, was sent to the governor on June 19. The governor has until Tuesday, August 18 to take action.

SB 189, which makes improvements to the Freedom of Information Act, was sent to the governor on June 26. The governor has until Tuesday, August 25 to take action.

SB 1592, which allows for the late filing of Statements of Economic Interest when the filer has suffered a "serious and catastrophic" injury or is serving in the military, was sent to the governor on June 18. The governor has until Monday, August 16 to take action.

(Today we're taking a break from our litany of objections to HB 7. That analysis will resume tomorrow)

To comment, please visit ICPR's blog.

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GOPUSA ILLINOIS Daily Clips - August 13, 2009

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HB 7 in Detail: Defining when a committee "receives" a contribution

Cross-posted from ICPR's blog, The Race is On:

Today, ICPR continues its series on the problems with HB 7, beyond the astronomical dollar limits. Previous posts are here.

In revisions to the Election Code, HB 7 changes the definition of when a committee "receives" a contribution. The date of receipt determines when a committee must report a contribution, and is especially important during the A-1 reporting period: the final 30 days before an election, when committees are required to report contributions over $500 within two working days of receipt. The date of receipt also becomes a factor around the end of the regular reporting period, in determining when the public is told of a contribution.

Current law uses the word "receipt" but does not define it in statute, relying instead on the common sense of the word. The State Board of Elections has defined the word in regulation, relying again on the common sense meaning of the term.

HB 7 changes the definition to when the "candidate or campaign treasurer" has "actual personal physical possession of the contribution." This greatly narrows the definition in ways that are deeply problematic. When, for instance, would the candidate or treasurer have "actual personal physical possession" of an electronic funds transfer? An on-line contribution? An inter-bank exchange?

But there are deeper problems, and an example will illustrate: In 2006, Todd Stroger, then a candidate for Cook County Board President, missed statutory deadlines to make public reports of more than $250,000 in contributions received in the final weeks before the election. He later claimed that the contributions had been “received” by the committee but were being vetted, and so were not “received” by the officers of the committee. After much haggling, the State Board of Elections disagreed with Stroger's interpretation. Under current law, he was found to have violated the Election Code and was fined just over $25,000. This provision in HB 7 would validate his failure to disclose.

With this change, a committee could receive a contribution without triggering reporting requirements. Until the candidate or treasurer of the committee directed a staff person to hand the contribution to the treasurer or candidate, creating the necessary “actual personal physical possession,” there might be no obligation to report a contribution. There is nothing to require a committee to disclose once a staff person has told the candidate or treasurer of the receipt, so long as the staffer does not deliver "actual personal physical possession" of the contribution. The chair of the committee or other staff could have "actual personal physical possession" of a contribution indefinitely without ever triggering disclosure. Contributions received by the committee before Election Day could, under this proposal, be held until after the voting is over, then delivered to the treasurer, deposited, and used to pay debts incurred before Election Day. This could postpone disclosure for months, completely defeating the purpose of A1 reports.

This is a huge step backward, and one of several reasons why ICPR believes that HB 7 is worse than nothing.

To comment, please visit ICPR's blog.

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