Illinois General Assembly - Full Text of HB2929
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Full Text of HB2929  102nd General Assembly




State of Illinois
2021 and 2022


Introduced 2/19/2021, by Rep. Deanne M. Mazzochi


10 ILCS 5/9-8.10
10 ILCS 5/9-33 new

    Amends the Election Code. Prohibits a political committee from making certain expenditures to provide a defense in any criminal case or a defense in a civil case pertaining to misconduct by a person in his or her capacity as a public official, sexual harassment claims, or discrimination claims. Requires that a person found to have used campaign contributions in violation of the Code shall return contributions to the contributor or pay to the State if the contributor cannot be identified or reimbursed. Requires the political committee to include information on the contributions returned to the contributor or paid to the State in the committee's quarterly report to the State Board of Elections.

LRB102 13297 SMS 18641 b





HB2929LRB102 13297 SMS 18641 b

1    AN ACT concerning elections.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Election Code is amended by changing
5Section 9-8.10 and by adding Section 9-33 as follows:
6    (10 ILCS 5/9-8.10)
7    Sec. 9-8.10. Use of political committee and other
8reporting 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        (12) For payments to attorneys, expert witnesses,
14    investigators, or others to provide a defense in a
15    criminal case.
16        (13) For payments to attorneys, expert witnesses,
17    investigators, or others to provide a defense in a civil
18    case pertaining to misconduct by a person in his or her
19    capacity as a public official, sexual harassment claims,
20    or discrimination claims.
21    (b) The Board shall have the authority to investigate,
22upon receipt of a verified complaint, violations of the
23provisions of this Section. The Board may levy a fine on any
24person who knowingly makes expenditures in violation of this
25Section and on any person who knowingly makes a malicious and
26false accusation of a violation of this Section. The Board may



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1act under this subsection only upon the affirmative vote of at
2least 5 of its members. The fine shall not exceed $500 for each
3expenditure of $500 or less and shall not exceed the amount of
4the expenditure plus $500 for each expenditure greater than
5$500. The Board shall also have the authority to render
6rulings and issue opinions relating to compliance with this
8    (c) Nothing in this Section prohibits the expenditure of
9funds of a political committee controlled by an officeholder
10or by a candidate to defray the customary and reasonable
11expenses of an officeholder in connection with the performance
12of governmental and public service functions.
13    (d) Nothing in this Section prohibits the funds of a
14political committee which is controlled by a person convicted
15of a violation of any of the offenses listed in subsection (a)
16of Section 10 of the Public Corruption Profit Forfeiture Act
17from being forfeited to the State under Section 15 of the
18Public Corruption Profit Forfeiture Act.
19(Source: P.A. 100-1027, eff. 1-1-19.)
20    (10 ILCS 5/9-33 new)
21    Sec. 9-33. Forfeiture of political contribution. If a
22person is found to have used campaign contributions in
23violation of this Code, all contributions and other receipts
24held at the time of forfeiture by a political committee
25controlled by that person shall, within 30 days from the date



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1of a final decision by the State Board of Elections of the
2finding of the violation, be returned to the contributor, if
3possible, or be paid to the State if the contributor cannot be
4identified or reimbursed. Payments received by the State
5pursuant to this Section shall be deposited into the General
6Revenue Fund.
7    Information on contributions returned to the contributor
8or paid to the State under this Section shall be included in
9the political committee's quarterly report required under
10subsection (b) of Section 9-10.