State of Illinois
90th General Assembly
Legislation

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[ Introduced ][ Engrossed ][ House Amendment 002 ]

90_HB0135ham001

                                             LRB9001069MWcdam
 1                     AMENDMENT TO HOUSE BILL 135
 2        AMENDMENT NO.     .  Amend House Bill  135  by  replacing
 3    everything after the enacting clause with the following:
 4        "Section  5.  The  Election  Code  is amended by changing
 5    Section 9-2 as follows:
 6        (10 ILCS 5/9-2) (from Ch. 46, par. 9-2)
 7        Sec. 9-2.  Every political committee  shall  designate  a
 8    chairman  and a treasurer.  The same person may serve as both
 9    chairman  and  treasurer  of  any  political   committee.   A
10    candidate  who administers his own campaign contributions and
11    expenditures  shall  be  deemed  a  political  committee  for
12    purposes of this  Article  and  shall  designate  himself  as
13    chairman,  treasurer,  or both chairman and treasurer of such
14    political committee. The treasurer of a  political  committee
15    shall  be  responsible for keeping the records and filing the
16    statements and reports required by this Article.
17        No contribution and no expenditure shall be  accepted  or
18    made  by or on behalf of a political committee at a time when
19    there is a vacancy in the office  of  chairman  or  treasurer
20    thereof.  No  expenditure shall be made for or on behalf of a
21    political committee without the authorization of its chairman
22    or treasurer, or their designated agents.
23        A political committee may apply the funds received  under
                            -2-              LRB9001069MWcdam
 1    this   Article   only  against  expenditures  for  personnel,
 2    services, materials, facilities, or  other  things  of  value
 3    purchased  to further a candidate's nomination or election to
 4    office, or  for  expenses  accrued  for  the  performance  of
 5    governmental duties.
 6        A political committee shall not make expenditures:
 7             (1)  In violation of any law of the United States or
 8        of this State.
 9             (2)  Clearly  in  excess of the fair market value of
10        the services, materials, facilities, or other  things  of
11        value received in exchange.
12             (3)  For  satisfaction  or  repayment  of  any debts
13        other than loans made to the committee.   The  repayments
14        shall be made by check written to the person who made the
15        loan.   The  terms  and  conditions  of  any  loan  to  a
16        committee  shall  be  set  forth  in a written agreement,
17        including but not limited to the  method  and  amount  of
18        repayment,  that  shall  be  executed  by the chairman or
19        treasurer of the committee at the time of the loan.   The
20        agreement  shall  also set forth the rate of interest for
21        the loan, if any, which may  not  exceed  the  prevailing
22        market  interest  rate  at  the  time  the  agreement  is
23        executed.
24             (4)  In  payment for anything of value exceeding $50
25        for the candidate, elected official,  committee  officer,
26        or  a  family  member  of  any  such  person,  unless for
27        reimbursement of expenses of the campaign or  accrued  in
28        the performance of governmental duties.
29             (5)  For   clothing   or  laundry  expenses,  except
30        clothing items rented by the candidate for his or her own
31        use exclusively for a  specific  campaign-related  event,
32        provided  that  committees may purchase costumes, novelty
33        items, or other accessories worn primarily  to  advertise
34        the candidacy.
                            -3-              LRB9001069MWcdam
 1             (6)  For  the travel expenses of a candidate, public
 2        official,  committee  officer,  campaign  worker,   staff
 3        member, or a family member of any such person, to or from
 4        a  destination  outside  the State of Illinois, including
 5        room, board, and entertainment expenses incurred  outside
 6        the State of Illinois, unless the travel is necessary for
 7        fulfillment of political or governmental duties.
 8             (7)  For   membership   or   club  dues  charged  by
 9        organizations, clubs, or facilities  that  are  primarily
10        engaged  in  providing  health, exercise, or recreational
11        services.  Provided, however, that funds  received  under
12        this  Article may be used to rent the clubs or facilities
13        for a specific campaign-related event.
14             (8)  In  payment  for  anything  of  value  or   for
15        reimbursement of any expenditure for which any person has
16        been reimbursed or will be reimbursed by the State or any
17        person.
18             (9)  For  the purchase of or installment payment for
19        a motor vehicle.  A political committee may lease a motor
20        vehicle  if  the  vehicle  will  be  used  primarily  for
21        campaign purposes or for the performance of  governmental
22        duties.  A  committee  shall keep detailed records of the
23        use  of  any  leased  vehicle,   and   shall   not   make
24        expenditures  for  use of the vehicle for non-campaign or
25        non-governmental purposes.  Persons  using  vehicles  not
26        leased  by  a  political  committee may be reimbursed for
27        actual mileage  for  use  of  the  vehicle  for  campaign
28        purposes  or  for the performance of governmental duties.
29        The mileage reimbursements shall be made at a rate not to
30        exceed the  current  standard  mileage  rate  method  for
31        computation  of  business  expenses  under  the  Internal
32        Revenue Code.
33             (10)  For  purchase  or  lease  of anything of value
34        owned by the candidate or  by  a  corporation  owned  by,
                            -4-              LRB9001069MWcdam
 1        managed  by, or employing the candidate, unless the thing
 2        of value is purchased or  leased  at  its  cost,  without
 3        profit to its owner.
 4             (11)  For salaries or recompensation for lost income
 5        to  candidates,  not  specifically  permitted  herein.  A
 6        candidate's political committee may make expenditures not
 7        to exceed $3,000 per month for the  candidate's  personal
 8        living  expenses during any period of time in which he or
 9        she is a certified candidate  in  a  primary  or  general
10        election and is not currently receiving a salary from any
11        person,  the State, or any unit of local government.  Any
12        such expenditures by the committee shall cease at the end
13        of the month that the candidate  loses  the  election  or
14        upon   his   or   her   assumption   of  office  or  upon
15        establishment of  another  source  of  income,  whichever
16        occurs first.
17        The  Board  shall have the authority to investigate, upon
18    its own motion or receipt of a complaint, violations  of  the
19    provisions of this Section.  The Board may levy a fine on any
20    person  who knowingly makes expenditures in violation of this
21    Section.  The fine shall not exceed $500 for each expenditure
22    of $500 or less, and shall  not  exceed  the  amount  of  the
23    expenditure plus $500 for each expenditure greater than $500.
24    The Board shall also have the authority to render rulings and
25    issue opinions in relating to compliance with this Section.
26    (Source: P.A. 80-756.)
27        Section 99.  This Act takes effect upon becoming law.".

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