Full Text of SB0536 102nd General Assembly
SB0536eng 102ND GENERAL ASSEMBLY |
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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 changing | 5 | | Section 9-8.10 as follows: | 6 | | (10 ILCS 5/9-8.10)
| 7 | | Sec. 9-8.10. Use of political committee and other | 8 | | reporting organization
funds.
| 9 | | (a) A political committee shall
not
make
expenditures:
| 10 | | (1) In violation of any law of the United States or of | 11 | | this State.
| 12 | | (2) Clearly in excess of the fair market value of the | 13 | | services,
materials, facilities,
or other things of value | 14 | | received in exchange.
| 15 | | (3) For satisfaction or repayment of any debts other | 16 | | than loans made to
the
committee or to the public official | 17 | | or candidate on behalf of the committee or
repayment of | 18 | | goods
and services purchased by the committee under a | 19 | | credit
agreement. Nothing in this Section authorizes the | 20 | | use of campaign funds to
repay personal loans. The | 21 | | repayments shall be made by check written to the
person | 22 | | who made the loan or credit agreement. The terms and | 23 | | conditions of any
loan or credit agreement to a
committee |
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| 1 | | shall be set forth in a written agreement, including but | 2 | | not limited
to the
method and
amount of repayment, that | 3 | | shall be executed by the chair or treasurer of the
| 4 | | committee at the time of the loan or credit agreement. The | 5 | | loan or agreement
shall also
set forth the rate of | 6 | | interest for the loan, if any, which may not
substantially | 7 | | exceed the
prevailing market interest rate at the time the | 8 | | agreement is executed.
| 9 | | (4) For the satisfaction or repayment of any debts or | 10 | | for the payment of
any expenses relating to a personal | 11 | | residence.
Campaign funds may not be used as collateral | 12 | | for home mortgages.
| 13 | | (5) For clothing or personal laundry expenses, except | 14 | | clothing items
rented by
the public official or candidate
| 15 | | for his or her own use exclusively for a specific | 16 | | campaign-related event,
provided that
committees may | 17 | | purchase costumes, novelty items, or other accessories | 18 | | worn
primarily to
advertise the candidacy.
| 19 | | (6) For the travel expenses of
any person unless the | 20 | | travel is necessary for fulfillment of political,
| 21 | | governmental, or public policy duties, activities, or | 22 | | purposes.
| 23 | | (7) For membership or club dues charged by | 24 | | organizations, clubs, or
facilities that
are primarily | 25 | | engaged in providing health, exercise, or recreational | 26 | | services;
provided,
however, that funds received under |
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| 1 | | this Article may be used to rent the clubs
or facilities
| 2 | | for a specific campaign-related event.
| 3 | | (8) In payment for anything of value or for | 4 | | reimbursement of any
expenditure for
which any person has | 5 | | been reimbursed by the State or any person.
For purposes | 6 | | of this item (8), a per diem allowance is not a | 7 | | reimbursement.
| 8 | | (9) For the purchase of or installment payment for a | 9 | | motor vehicle unless
the political committee can | 10 | | demonstrate that purchase of a motor vehicle is
more | 11 | | cost-effective than leasing a motor vehicle as permitted | 12 | | under this item
(9). A political committee may lease or | 13 | | purchase and insure, maintain, and
repair a motor vehicle | 14 | | if the vehicle will be used primarily for campaign
| 15 | | purposes or
for the performance of governmental duties. A | 16 | | committee
shall not make expenditures for use of the | 17 | | vehicle for non-campaign or
non-governmental purposes. | 18 | | Persons using vehicles not purchased or leased by a
| 19 | | political committee may be reimbursed for actual mileage | 20 | | for the use of the
vehicle for campaign purposes or for the | 21 | | performance of governmental duties.
The mileage | 22 | | reimbursements shall be made at a rate not to exceed the | 23 | | standard
mileage rate method for computation of business | 24 | | expenses under the Internal
Revenue Code.
| 25 | | (10) Directly for an individual's tuition or other | 26 | | educational expenses,
except for governmental or political |
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| 1 | | purposes directly related to a candidate's
or public | 2 | | official's duties and responsibilities.
| 3 | | (11) For payments to a public official or candidate or | 4 | | his or her
family member unless
for compensation for | 5 | | services actually rendered by that person.
The provisions | 6 | | of this item (11) do not apply to expenditures by a
| 7 | | political committee in an aggregate
amount not exceeding | 8 | | the amount of funds reported to and certified by the State
| 9 | | Board or county clerk as available as of June 30, 1998, in | 10 | | the semi-annual
report of
contributions and expenditures | 11 | | filed by the
political committee for the period concluding | 12 | | June 30, 1998.
| 13 | | (b) The Board shall have the authority to investigate, | 14 | | upon
receipt of a verified complaint, violations of the | 15 | | provisions of this Section.
The Board may levy a fine
on any | 16 | | person who knowingly makes expenditures in violation of this | 17 | | Section and
on any person who knowingly makes a malicious and | 18 | | false accusation of a
violation of this Section.
The Board may | 19 | | act under this subsection only upon the affirmative vote of at
| 20 | | least 5 of its members. The fine shall not
exceed $500 for each | 21 | | expenditure of $500 or less and shall not exceed the
amount of | 22 | | the
expenditure plus $500 for each expenditure greater than | 23 | | $500. The Board shall
also
have the authority
to render | 24 | | rulings and issue opinions relating to compliance with this
| 25 | | Section.
| 26 | | (c) Nothing in this Section prohibits the expenditure of |
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| 1 | | funds of a
political
committee controlled by an officeholder | 2 | | or by a candidate to defray the customary and reasonable | 3 | | expenses of an
officeholder in
connection with the performance | 4 | | of governmental and public service functions.
| 5 | | (d) Nothing in this Section prohibits the funds of a | 6 | | political committee which is controlled by a person convicted | 7 | | of a violation of any of the offenses listed in subsection (a) | 8 | | of Section 10 of the Public Corruption Profit Forfeiture Act | 9 | | from being forfeited to the State under Section 15 of the | 10 | | Public Corruption Profit Forfeiture Act. | 11 | | (e) Nothing in this Section prohibits the expenditure of | 12 | | political committee funds for expenses related to full-time or | 13 | | part-time child care or care of a dependent family member | 14 | | incurred by any person, including, but not limited to, | 15 | | candidates, officeholders, campaign staff, or volunteers, so | 16 | | long as the child care or care of a dependent family member is | 17 | | necessary for fulfillment of political, governmental, or | 18 | | public policy duties, activities, or purposes. The changes | 19 | | made by this amendatory Act of the 102nd General Assembly | 20 | | shall be construed as declarative of existing law. | 21 | | As used in this subsection (e), "care of a dependent | 22 | | family member" includes caregiving, personal care, adult day | 23 | | services, and home health services for elderly persons and | 24 | | persons with an illness, injury, or disability who require | 25 | | assistance in caring for themselves. | 26 | | (Source: P.A. 100-1027, eff. 1-1-19 .)
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| 1 | | Section 99. Effective date. This Act takes effect upon | 2 | | becoming law.
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