Illinois General Assembly - Full Text of HB4671
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Full Text of HB4671  97th General Assembly




State of Illinois
2011 and 2012


Introduced 2/3/2012, by Rep. Norine Hammond


10 ILCS 5/9-8.10

    Amends the Election Code. Prohibits the use of a political committee's fund for the legal defense of a public official or candidate in connection with offenses involving or reflecting upon a public entity's officer or employee. Removes an obsolete reference to "other reporting organization".

LRB097 18399 PJG 63625 b





HB4671LRB097 18399 PJG 63625 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 Section
59-8.10 as follows:
6    (10 ILCS 5/9-8.10)
7    Sec. 9-8.10. Use of political committee and other reporting
8organization 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 who
22    made the loan or credit agreement. The terms and conditions
23    of any loan or credit agreement to a committee shall be set



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1    forth in a written agreement, including but not limited to
2    the method and amount of repayment, that shall be executed
3    by the chairman or treasurer of the committee at the time
4    of the loan or credit agreement. The loan or agreement
5    shall also set forth the rate of interest for the loan, if
6    any, which may not substantially exceed the prevailing
7    market interest rate at the time the agreement is executed.
8        (4) For the satisfaction or repayment of any debts or
9    for the payment of any expenses relating to a personal
10    residence. Campaign funds may not be used as collateral for
11    home mortgages.
12        (5) For clothing or personal laundry expenses, except
13    clothing items rented by the public official or candidate
14    for his or her own use exclusively for a specific
15    campaign-related event, provided that committees may
16    purchase costumes, novelty items, or other accessories
17    worn primarily to advertise the candidacy.
18        (6) For the travel expenses of any person unless the
19    travel is necessary for fulfillment of political,
20    governmental, or public policy duties, activities, or
21    purposes.
22        (7) For membership or club dues charged by
23    organizations, clubs, or facilities that are primarily
24    engaged in providing health, exercise, or recreational
25    services; provided, however, that funds received under
26    this Article may be used to rent the clubs or facilities



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1    for a specific campaign-related event.
2        (8) In payment for anything of value or for
3    reimbursement of any expenditure for which any person has
4    been reimbursed by the State or any person. For purposes of
5    this item (8), a per diem allowance is not a reimbursement.
6        (9) For the purchase of or installment payment for a
7    motor vehicle unless the political committee can
8    demonstrate that purchase of a motor vehicle is more
9    cost-effective than leasing a motor vehicle as permitted
10    under this item (9). A political committee may lease or
11    purchase and insure, maintain, and repair a motor vehicle
12    if the vehicle will be used primarily for campaign purposes
13    or for the performance of governmental duties. A committee
14    shall not make expenditures for use of the vehicle for
15    non-campaign or non-governmental purposes. Persons using
16    vehicles not purchased or leased by a political committee
17    may be reimbursed for actual mileage for the use of the
18    vehicle for campaign purposes or for the performance of
19    governmental duties. The mileage reimbursements shall be
20    made at a rate not to exceed the standard mileage rate
21    method for computation of business expenses under the
22    Internal Revenue Code.
23        (10) Directly for an individual's tuition or other
24    educational expenses, except for governmental or political
25    purposes directly related to a candidate's or public
26    official's duties and responsibilities.



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1        (11) For payments to a public official or candidate or
2    his or her family member unless for compensation for
3    services actually rendered by that person. The provisions
4    of this item (11) do not apply to expenditures by a
5    political committee in an aggregate amount not exceeding
6    the amount of funds reported to and certified by the State
7    Board or county clerk as available as of June 30, 1998, in
8    the semi-annual report of contributions and expenditures
9    filed by the political committee for the period concluding
10    June 30, 1998.
11        (12) For the legal defense of a public official or
12    candidate. For the purposes of this item (12), "legal
13    defense" means the obtaining, providing, or financially
14    assisting with the obtaining or providing of legal counsel,
15    representation, services, advice, opinion, or guidance for
16    a public official or candidate in connection with: (i) an
17    offense involving fraud against a public entity, bribery of
18    an officer or employee of a public entity, official
19    misconduct, or inducement of an officer or employee of a
20    public entity to commit official misconduct; (ii) any other
21    infamous crime under State or federal law; or (iii) any
22    other offense that reflects upon the official's or
23    candidate's character, honesty, integrity, or ability to
24    qualify for or hold public office.
25    (b) The Board shall have the authority to investigate, upon
26receipt of a verified complaint, violations of the provisions



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1of this Section. The Board may levy a fine on any person who
2knowingly makes expenditures in violation of this Section and
3on any person who knowingly makes a malicious and false
4accusation of a violation of this Section. The Board may act
5under this subsection only upon the affirmative vote of at
6least 5 of its members. The fine shall not exceed $500 for each
7expenditure of $500 or less and shall not exceed the amount of
8the expenditure plus $500 for each expenditure greater than
9$500. The Board shall also have the authority to render rulings
10and issue opinions relating to compliance with this Section.
11    (c) Nothing in this Section prohibits the expenditure of
12funds of a political committee controlled by an officeholder or
13by a candidate to defray the customary and reasonable expenses
14of an officeholder in connection with the performance of
15governmental and public service functions.
16    (d) Nothing in this Section prohibits the funds of a
17political committee which is controlled by a person convicted
18of a violation of any of the offenses listed in subsection (a)
19of Section 10 of the Public Corruption Profit Forfeiture Act
20from being forfeited to the State under Section 15 of the
21Public Corruption Profit Forfeiture Act.
22(Source: P.A. 96-1019, eff. 1-1-11.)