Bill Text: IL HB3606 | 2011-2012 | 97th General Assembly | Introduced

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Bill Title: 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".

Spectrum: Partisan Bill (Republican 3-0)

Status: (Failed) 2013-01-08 - Session Sine Die [HB3606 Detail]

Download: Illinois-2011-HB3606-Introduced.html

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97TH GENERAL ASSEMBLY State of Illinois 2011 and 2012 HB3606 Introduced 2/24/2011, by Rep. Norine Hammond - Dwight Kay - Renée Kosel SYNOPSIS AS INTRODUCED:
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".
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A BILL FOR
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AN ACT concerning elections.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Election Code is amended by changing Section
9-8.10 as follows:
(10 ILCS 5/9-8.10)
Sec. 9-8.10. Use of political committee and other reporting
organization funds.
(a) A political committee shall not make expenditures:
(1) In violation of any law of the United States or of
this State.
(2) Clearly in excess of the fair market value of the
services, materials, facilities, or other things of value
received in exchange.
(3) For satisfaction or repayment of any debts other
than loans made to the committee or to the public official
or candidate on behalf of the committee or repayment of
goods and services purchased by the committee under a
credit agreement. Nothing in this Section authorizes the
use of campaign funds to repay personal loans. The
repayments shall be made by check written to the person who
made the loan or credit agreement. The terms and conditions
of any loan or credit agreement to a committee shall be set

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

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

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

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