Full Text of HB5062 101st General Assembly
HB5062 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB5062 Introduced 2/18/2020, by Rep. Keith R. Wheeler SYNOPSIS AS INTRODUCED: |
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Amends the Election Code. Provides that the terms and conditions of any loan or credit agreement from a committee shall be set forth in a written agreement that shall be executed by the chair or treasurer of the committee at the time of the loan or credit agreement. Effective immediately.
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| | A BILL FOR |
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| 1 | | AN ACT concerning elections.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Election Code is amended by changing Section | 5 | | 9-8.10 as follows: | 6 | | (10 ILCS 5/9-8.10)
| 7 | | Sec. 9-8.10. Use of political committee and other reporting | 8 | | 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 who | 22 | | made the loan or credit agreement. The terms and conditions | 23 | | of any
loan or credit agreement to or from 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 interest | 6 | | for the loan, if any, which may not
substantially exceed | 7 | | 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 for | 12 | | 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 of | 6 | | this item (8), a per diem allowance is not a reimbursement.
| 7 | | (9) For the purchase of or installment payment for a | 8 | | motor vehicle unless
the political committee can | 9 | | demonstrate that purchase of a motor vehicle is
more | 10 | | cost-effective than leasing a motor vehicle as permitted | 11 | | under this item
(9). A political committee may lease or | 12 | | purchase and insure, maintain, and
repair a motor vehicle | 13 | | if the vehicle will be used primarily for campaign
purposes | 14 | | or
for the performance of governmental duties. A committee
| 15 | | shall not make expenditures for use of the vehicle for | 16 | | non-campaign or
non-governmental purposes. Persons using | 17 | | vehicles not purchased or leased by a
political committee | 18 | | may be reimbursed for actual mileage for the use of the
| 19 | | vehicle for campaign purposes or for the performance of | 20 | | governmental duties.
The mileage reimbursements shall be | 21 | | made at a rate not to exceed the standard
mileage rate | 22 | | method for computation of business expenses under the | 23 | | Internal
Revenue Code.
| 24 | | (10) Directly for an individual's tuition or other | 25 | | educational expenses,
except for governmental or political | 26 | | purposes directly related to a candidate's
or public |
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| 1 | | official's duties and responsibilities.
| 2 | | (11) For payments to a public official or candidate or | 3 | | his or her
family member unless
for compensation for | 4 | | services actually rendered by that person.
The provisions | 5 | | of this item (11) do not apply to expenditures by a
| 6 | | political committee in an aggregate
amount not exceeding | 7 | | the amount of funds reported to and certified by the State
| 8 | | Board or county clerk as available as of June 30, 1998, in | 9 | | the semi-annual
report of
contributions and expenditures | 10 | | filed by the
political committee for the period concluding | 11 | | June 30, 1998.
| 12 | | (b) The Board shall have the authority to investigate, upon
| 13 | | receipt of a verified complaint, violations of the provisions | 14 | | of this Section.
The Board may levy a fine
on any person who | 15 | | knowingly makes expenditures in violation of this Section and
| 16 | | on any person who knowingly makes a malicious and false | 17 | | accusation of a
violation of this Section.
The Board may act | 18 | | under this subsection only upon the affirmative vote of at
| 19 | | least 5 of its members. The fine shall not
exceed $500 for each | 20 | | expenditure of $500 or less and shall not exceed the
amount of | 21 | | the
expenditure plus $500 for each expenditure greater than | 22 | | $500. The Board shall
also
have the authority
to render rulings | 23 | | and issue opinions relating to compliance with this
Section.
| 24 | | (c) Nothing in this Section prohibits the expenditure of | 25 | | funds of a
political
committee controlled by an officeholder or | 26 | | by a candidate to defray the customary and reasonable expenses |
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| 1 | | of an
officeholder in
connection with the performance of | 2 | | governmental and public service functions.
| 3 | | (d) Nothing in this Section prohibits the funds of a | 4 | | political committee which is controlled by a person convicted | 5 | | of a violation of any of the offenses listed in subsection (a) | 6 | | of Section 10 of the Public Corruption Profit Forfeiture Act | 7 | | from being forfeited to the State under Section 15 of the | 8 | | Public Corruption Profit Forfeiture Act. | 9 | | (Source: P.A. 100-1027, eff. 1-1-19 .)
| 10 | | Section 99. Effective date. This Act takes effect upon | 11 | | becoming law.
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