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| [ Introduced ] | [ Engrossed ] | [ House Amendment 001 ] |
90_HB0135ham002
LRB9001069REmbam01
1 AMENDMENT TO HOUSE BILL 135
2 AMENDMENT NO. . Amend House Bill 135, AS AMENDED, by
3 replacing the title with the following:
4 "AN ACT to amend the Election Code by changing Section
5 9-2."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The Election Code is amended by changing
9 Section 9-2 as follows:
10 (10 ILCS 5/9-2) (from Ch. 46, par. 9-2)
11 Sec. 9-2. Political committees; contributions and
12 expenditures.
13 (a) Chairman and treasurer of political committee.
14 Every political committee shall designate a chairman and a
15 treasurer. The same person may serve as both chairman and
16 treasurer of any political committee. A candidate who
17 administers his own campaign contributions and expenditures
18 shall be deemed a political committee for purposes of this
19 Article and shall designate himself as chairman, treasurer,
20 or both chairman and treasurer of such political committee.
21 The treasurer of a political committee shall be responsible
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1 for keeping the records and filing the statements and reports
2 required by this Article.
3 No contribution and no expenditure shall be accepted or
4 made by or on behalf of a political committee at a time when
5 there is a vacancy in the office of chairman or treasurer
6 thereof. No expenditure shall be made for or on behalf of a
7 political committee without the authorization of its chairman
8 or treasurer, or their designated agents.
9 (b) Use of political committee funds. The funds of a
10 political committee controlled by an officeholder or by a
11 candidate may be used only for:
12 (1) expenditures which would be treated as
13 deductions or exempt functions under Section 527 of the
14 Internal Revenue Code and the regulations promulgated
15 under that Section;
16 (2) defraying the ordinary and necessary expenses
17 of an officeholder;
18 (3) donations to organizations described in Section
19 170(c) of the Internal Revenue Code; or
20 (4) transfers to any national, State, or local
21 political committee, subject to the laws governing that
22 political committee.
23 (c) Prohibited expenditures. A political committee
24 shall not make expenditures:
25 (1) in violation of any law of the United States or
26 of this State;
27 (2) clearly in excess of the fair market value of
28 the services, materials, facilities, or other things of
29 value received in exchange;
30 (3) for satisfaction or repayment of any debts
31 other than loans made to the committee or repayment of
32 goods and services purchased under a credit agreement.
33 The repayments shall be made by check written to the
34 person who made the loan or credit agreement. The terms
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1 and conditions of any loan or credit agreement to a
2 committee shall be set forth in a written agreement,
3 including but not limited to the method and amount of
4 repayment, that shall be executed by the chairman or
5 treasurer of the committee at the time of the loan or
6 credit agreement. The loan or agreement shall also set
7 forth the rate of interest for the loan, if any, which
8 may not substantially exceed the prevailing market
9 interest rate at the time the agreement is executed;
10 (4) for clothing or laundry expenses, except
11 clothing items rented by the candidate for his or her own
12 use exclusively for a specific campaign-related event,
13 provided that committees may purchase costumes, novelty
14 items, or other accessories worn primarily to advertise
15 the candidacy;
16 (5) for the travel expenses of a candidate, public
17 official, committee officer, campaign worker, staff
18 member, or a family member of any such person, to or from
19 a destination outside the State of Illinois, including
20 room, board, and entertainment expenses incurred outside
21 the State of Illinois, unless the travel is necessary for
22 fulfillment of political or governmental duties;
23 (6) 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
27 this Article may be used to rent the clubs or facilities
28 for a specific campaign-related event;
29 (7) in payment for anything of value or for
30 reimbursement of any expenditure for which any person has
31 been reimbursed by the State or any person;
32 (8) for the purchase of or installment payment for
33 a motor vehicle. A political committee may lease a motor
34 vehicle if the vehicle will be used primarily for
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1 campaign purposes or for the performance of governmental
2 duties. A committee shall keep detailed records of the
3 use of any leased vehicle, and shall not make
4 expenditures for use of the vehicle for non-campaign or
5 non-governmental purposes. Persons using vehicles not
6 leased by a political committee may be reimbursed for
7 actual mileage for the use of the vehicle for campaign
8 purposes or for the performance of governmental duties.
9 The mileage reimbursements shall be made at a rate not to
10 exceed the standard mileage rate method for computation
11 of business expenses under the Internal Revenue Code;
12 (9) for purchase or lease of anything of value
13 owned by the candidate or by a corporation owned by,
14 managed by, or employing the candidate, unless the thing
15 of value is purchases or leased at its cost, without
16 profit to its owner.
17 (d) Enforcement. The Board shall have the authority to
18 investigate, upon its own motion or receipt of a complaint,
19 violations of the provisions of this Section. The Board may
20 levy a fine on any person who knowingly makes expenditures in
21 violation of this Section. The fine shall not exceed $500
22 for each expenditure of $500 or less, and shall not exceed
23 the amount of the expenditure plus $500 for expenditure
24 greater than $500. The Board shall also have the authority
25 to render rulings and issue opinions relating to compliance
26 with this Section.
27 (e) Definitions. For the purposes of this Section:
28 (1) "exempt function" has the same meaning as in
29 Section 527 of the Internal Revenue Code and the
30 regulations promulgated thereunder;
31 (2) "ordinary and necessary expenses of an
32 officeholder" means expenses for which public funds may
33 be used; and
34 (3) "immediate family" means a candidate's or
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1 officeholder's spouse, siblings, parents, children, and
2 the candidate's or officeholder's spouse's siblings,
3 parents, and children.
4 (Source: P.A. 80-756.)
5 Section 99. This Act takes effect upon becoming law.".