Bill Text: IL SB0033 | 2019-2020 | 101st General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Election Code. Provides that political committee funds may be used for certain child care expenses that are necessary for the fulfillment of political, governmental, or public policy duties, activities, or purposes. Effective immediately.
Spectrum: Partisan Bill (Democrat 11-0)
Status: (Failed) 2021-01-13 - Session Sine Die [SB0033 Detail]
Download: Illinois-2019-SB0033-Introduced.html
Bill Title: Amends the Election Code. Provides that political committee funds may be used for certain child care expenses that are necessary for the fulfillment of political, governmental, or public policy duties, activities, or purposes. Effective immediately.
Spectrum: Partisan Bill (Democrat 11-0)
Status: (Failed) 2021-01-13 - Session Sine Die [SB0033 Detail]
Download: Illinois-2019-SB0033-Introduced.html
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1 | AN ACT concerning elections.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Election Code is amended by changing Section | |||||||||||||||||||
5 | 9-8.10 as follows:
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6 | (10 ILCS 5/9-8.10)
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7 | Sec. 9-8.10. Use of political committee and other reporting | |||||||||||||||||||
8 | organization
funds.
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9 | (a) A political committee shall
not
make
expenditures:
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10 | (1) In violation of any law of the United States or of | |||||||||||||||||||
11 | this State.
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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.
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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 chair or treasurer of the
committee at the time of | ||||||
4 | the loan or credit agreement. The loan or agreement
shall | ||||||
5 | also
set forth the rate of interest for the loan, if any, | ||||||
6 | which may not
substantially exceed the
prevailing market | ||||||
7 | interest rate at the time the agreement is executed.
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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.
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12 | (5) For clothing or personal laundry expenses, except | ||||||
13 | clothing items
rented by
the public official or candidate
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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.
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18 | (6) For the travel expenses of
any person unless the | ||||||
19 | travel is necessary for fulfillment of political,
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20 | governmental, or public policy duties, activities, or | ||||||
21 | purposes.
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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.
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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.
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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
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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
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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.
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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
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5 | political committee in an aggregate
amount not exceeding | ||||||
6 | the amount of funds reported to and certified by the State
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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.
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11 | (b) The Board shall have the authority to investigate, upon
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12 | receipt of a verified complaint, violations of the provisions | ||||||
13 | of this Section.
The Board may levy a fine
on any person who | ||||||
14 | knowingly makes expenditures in violation of this Section and
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15 | on any person who knowingly makes a malicious and false | ||||||
16 | accusation of a
violation of this Section.
The Board may act | ||||||
17 | under this subsection only upon the affirmative vote of at
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18 | least 5 of its members. The fine shall not
exceed $500 for each | ||||||
19 | expenditure of $500 or less and shall not exceed the
amount of | ||||||
20 | the
expenditure plus $500 for each expenditure greater than | ||||||
21 | $500. The Board shall
also
have the authority
to render rulings | ||||||
22 | and issue opinions relating to compliance with this
Section.
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23 | (c) Nothing in this Section prohibits the expenditure of | ||||||
24 | funds of a
political
committee controlled by an officeholder or | ||||||
25 | by a candidate to defray the customary and reasonable expenses | ||||||
26 | of an
officeholder in
connection with the performance of |
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1 | governmental and public service functions.
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2 | (d) Nothing in this Section prohibits the funds of a | ||||||
3 | political committee which is controlled by a person convicted | ||||||
4 | of a violation of any of the offenses listed in subsection (a) | ||||||
5 | of Section 10 of the Public Corruption Profit Forfeiture Act | ||||||
6 | from being forfeited to the State under Section 15 of the | ||||||
7 | Public Corruption Profit Forfeiture Act. | ||||||
8 | (e) Nothing in this Section prohibits the expenditure of | ||||||
9 | political committee funds for expenses related to full-time or | ||||||
10 | part-time child care incurred by any person, including, but not | ||||||
11 | limited to, candidates, officeholders, campaign staff, or | ||||||
12 | volunteers, so long as the child care is necessary for | ||||||
13 | fulfillment of political, governmental, or public policy | ||||||
14 | duties, activities, or purposes, regardless whether the need | ||||||
15 | for child care predated the campaign or term of office. The | ||||||
16 | changes made by this amendatory Act of the 101st General | ||||||
17 | Assembly shall be construed as declarative of existing law. | ||||||
18 | (Source: P.A. 100-1027, eff. 1-1-19 .)
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19 | Section 99. Effective date. This Act takes effect upon | ||||||
20 | becoming law.
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