Bill Text: IL HB3939 | 2021-2022 | 102nd General Assembly | Introduced

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Bill Title: Amends the Election Code. Provides that child care expenses for minor children of an officeholder or candidate are customary and reasonable expenses of an officeholder in connection with the performance of governmental and public service functions and that nothing in provisions concerning the use of political committee and other reporting organization funds prohibits the expenditure of funds of a political committee controlled by an officeholder or by a candidate to defray these expenses.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2021-03-27 - Rule 19(a) / Re-referred to Rules Committee [HB3939 Detail]

Download: Illinois-2021-HB3939-Introduced.html

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102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 HB3939 Introduced , by Rep. Joyce Mason SYNOPSIS AS INTRODUCED:
10 ILCS 5/9-8.10
Amends the Election Code. Provides that child care expenses for minor children of an officeholder or candidate are customary and reasonable expenses of an officeholder in connection with the performance of governmental and public service functions and that nothing in provisions concerning the use of political committee and other reporting organization funds prohibits the expenditure of funds of a political committee controlled by an officeholder or by a candidate to defray these expenses.
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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

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shall be set forth in a written agreement, including but
not limited to the method and amount of repayment, that
shall be executed by the chair 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

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this Article may be used to rent the clubs or facilities
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

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purposes directly related to a candidate's or public
official's duties and responsibilities.
(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.
(b) The Board shall have the authority to investigate,
upon receipt of a verified complaint, violations of the
provisions 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

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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, including, but
not limited to, child care expenses for minor children of an
officeholder or candidate.
(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. 100-1027, eff. 1-1-19.)