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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
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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.
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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,
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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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