State of Illinois
90th General Assembly
Legislation

   [ Search ]   [ Legislation ]   [ Bill Summary ]
[ Home ]   [ Back ]   [ Bottom ]


[ Introduced ][ House Amendment 001 ][ House Amendment 002 ]

90_HB0135eng

      10 ILCS 5/9-2             from Ch. 46, par. 9-2
          Amends  the  Campaign  Contributions   and   Expenditures
      Article  of  the  Election  Code.   Provides that a political
      committee  may  use  campaign  funds  only   for   personnel,
      services,  materials,  facilities,  or  other things of value
      purchased to further the candidate's nomination  or  election
      to    office.     Prohibits    certain   specified   campaign
      expenditures.
                                                     LRB9001069MWcd
HB0135 Engrossed                               LRB9001069MWcd
 1        AN ACT to amend the Election  Code  by  changing  Section
 2    9-2.
 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:
 5        Section 5.  The Election  Code  is  amended  by  changing
 6    Section 9-2 as follows:
 7        (10 ILCS 5/9-2) (from Ch. 46, par. 9-2)
 8        Sec.   9-2.    Political  committees;  contributions  and
 9    expenditures.
10        (a)  Chairman  and  treasurer  of  political   committee.
11    Every  political  committee  shall designate a chairman and a
12    treasurer.  The same person may serve as  both  chairman  and
13    treasurer   of  any  political  committee.  A  candidate  who
14    administers his own campaign contributions  and  expenditures
15    shall  be  deemed  a political committee for purposes of this
16    Article and shall designate himself as  chairman,  treasurer,
17    or  both  chairman and treasurer of such political committee.
18    The treasurer of a political committee shall  be  responsible
19    for keeping the records and filing the statements and reports
20    required by this Article.
21        No  contribution  and no expenditure shall be accepted or
22    made by or on behalf of a political committee at a time  when
23    there  is  a  vacancy  in the office of chairman or treasurer
24    thereof. No expenditure shall be made for or on behalf  of  a
25    political committee without the authorization of its chairman
26    or treasurer, or their designated agents.
27        (b)  Use  of  political  committee funds.  The funds of a
28    political committee controlled by an  officeholder  or  by  a
29    candidate may be used only for:
30             (1)  expenditures   which   would   be   treated  as
31        deductions or exempt functions under  Section 527 of  the
HB0135 Engrossed            -2-                LRB9001069MWcd
 1        Internal  Revenue  Code  and  the regulations promulgated
 2        under that Section;
 3             (2)  defraying the ordinary and  necessary  expenses
 4        of an officeholder;
 5             (3)  donations to organizations described in Section
 6        170(c) of the Internal  Revenue Code; or
 7             (4)  transfers  to  any  national,  State,  or local
 8        political committee, subject to the laws  governing  that
 9        political committee.
10        (c)  Prohibited   expenditures.   A  political  committee
11    shall not make expenditures:
12             (1)  in violation of any law of the United States or
13        of this State;
14             (2)  clearly in excess of the fair market  value  of
15        the  services, materials, facilities,  or other things of
16        value received in exchange;
17             (3)  for satisfaction  or  repayment  of  any  debts
18        other  than  loans made to the  committee or repayment of
19        goods and services purchased under  a  credit  agreement.
20        The    repayments  shall  be made by check written to the
21        person who made the loan or credit  agreement.  The terms
22        and conditions of any  loan  or  credit  agreement  to  a
23        committee    shall  be  set forth in a written agreement,
24        including but not limited to the  method  and  amount  of
25        repayment,  that  shall  be  executed  by the chairman or
26        treasurer of the committee at the time  of  the  loan  or
27        credit  agreement.   The loan or agreement shall also set
28        forth the rate of interest for the loan,  if  any,  which
29        may   not  substantially  exceed  the  prevailing  market
30        interest rate at the time the agreement is executed;
31             (4)  for  clothing  or  laundry   expenses,   except
32        clothing items rented by the candidate for his or her own
33        use  exclusively  for  a specific campaign-related event,
34        provided that committees may purchase  costumes,  novelty
HB0135 Engrossed            -3-                LRB9001069MWcd
 1        items,  or  other accessories worn primarily to advertise
 2        the candidacy;
 3             (5)  for the travel expenses of a candidate,  public
 4        official,   committee  officer,  campaign  worker,  staff
 5        member, or a family member of any such person, to or from
 6        a destination outside the State  of  Illinois,  including
 7        room,  board, and entertainment expenses incurred outside
 8        the State of Illinois, unless the travel is necessary for
 9        fulfillment of political or governmental duties;
10             (6)  for  membership  or  club   dues   charged   by
11        organizations,  clubs,  or  facilities that are primarily
12        engaged in providing health,  exercise,  or  recreational
13        services.    Provided, however, that funds received under
14        this Article may be used to rent the clubs or  facilities
15        for a specific campaign-related event;
16             (7)  in   payment  for  anything  of  value  or  for
17        reimbursement of any expenditure for which any person has
18        been reimbursed by the State or any person;
19             (8)  for the purchase of or installment payment  for
20        a motor vehicle.  A political committee may lease a motor
21        vehicle  if  the  vehicle  will  be  used  primarily  for
22        campaign  purposes or for the performance of governmental
23        duties.   A committee shall keep detailed  records of the
24        use  of  any  leased  vehicle,   and   shall   not   make
25        expenditures  for use of the  vehicle for non-campaign or
26        non-governmental purposes.  Persons  using  vehicles  not
27        leased  by  a  political  committee may be reimbursed for
28        actual mileage for the use of the  vehicle  for  campaign
29        purposes  or  for the performance of governmental duties.
30        The mileage reimbursements shall be made at a rate not to
31        exceed the standard mileage rate method  for  computation
32        of business expenses under the Internal Revenue Code;
33             (9)  for  purchase  or  lease  of  anything of value
34        owned by the candidate or  by  a  corporation  owned  by,
HB0135 Engrossed            -4-                LRB9001069MWcd
 1        managed  by, or employing the candidate, unless the thing
 2        of value is purchases or  leased  at  its  cost,  without
 3        profit to its owner.
 4        (d)  Enforcement.   The Board shall have the authority to
 5    investigate, upon its own motion or receipt of  a  complaint,
 6    violations  of the provisions of this Section.  The Board may
 7    levy a fine on any person who knowingly makes expenditures in
 8    violation of this Section.  The fine shall  not  exceed  $500
 9    for  each  expenditure  of $500 or less, and shall not exceed
10    the amount of  the  expenditure  plus  $500  for  expenditure
11    greater  than  $500.  The Board shall also have the authority
12    to render rulings and issue opinions relating  to  compliance
13    with this Section.
14        (e)  Definitions.  For the purposes of this Section:
15             (1)  "exempt  function"  has  the same meaning as in
16        Section  527  of  the  Internal  Revenue  Code  and   the
17        regulations promulgated thereunder;
18             (2)  "ordinary   and   necessary   expenses   of  an
19        officeholder" means expenses for  which public funds  may
20        be used; and
21             (3)  "immediate   family"  means  a  candidate's  or
22        officeholder's spouse, siblings,  parents, children,  and
23        the  candidate's  or  officeholder's  spouse's  siblings,
24        parents, and children.
25    (Source: P.A. 80-756.)
26        Section 99.  This Act takes effect upon becoming law.

[ Top ]