SB3887 102ND GENERAL ASSEMBLY

LRB102 25879 AWJ 35235 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB3887

Introduced 1/21/2022, by Sen. Jason Plummer

SYNOPSIS AS INTRODUCED:

10 ILCS 5/9-8.10

Amends the Election Code. In provisions regarding a political committee's restrictions on making expenditures: (i) provides that leases, purchases, or installment payments for a motor vehicle can be made only if the political committee can demonstrate the vehicle will be used exclusively (rather than primarily) for campaign purposes or for the performance of governmental duties and adds that the vehicle may not be used for personal use by the public official or candidate or his or her immediate family member; makes conforming changes; (ii) removes an exception to the prohibition on expenditures directly for an individual's tuition or other educational expenses; (iii) provides that expenditures are not permitted for payments to a public official or candidate or his or her immediate family member (rather than a family member unless for compensation for services actually rendered by that person) and removes an exception that made the prohibition not apply to expenditures by a political committee for expenses related to providing childcare for a minor child or care for a dependent family member if the care is reasonably necessary for the public official or candidate to fulfill political or governmental duties; and (iv) prohibits expenditures for any purpose that would subsidize the lifestyle or defray ordinary and day-to-day expenses of a public official or candidate or his or her immediate family member that does not serve a campaign purpose or perform a governmental duty. Defines "immediate family member" and "personal use".

A BILL FOR

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 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 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 lease or purchase of or installment payment for a motor vehicle unless the political committee can demonstrate the vehicle will be used exclusively primarily for campaign purposes or for the performance of governmental duties and not for personal use by the public official or candidate or his or her immediate family member. Nothing in this paragraph prohibits a political committee from using political funds to make expenditures related to vehicles not purchased or leased by a political committee, provided the expenditure relates to the use of the vehicle for exclusively primarily campaign purposes or the performance of governmental duties and the vehicle is not owned or leased by the public official or his or her immediate family member. 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. As used in this item, "personal use" includes, but is not limited to, transportation to and from: sporting events, supermarkets or other shopping venues, family events and gatherings, school events or functions, resorts and other vacation destinations, and any other activity or errand that is unrelated to campaign purposes or to the performance of governmental duties.

(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.

(11) For payments to a public official or candidate or his or her immediate 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 for expenses related to providing childcare for a minor child or care for a dependent family member if the care is reasonably necessary for the public official or candidate to fulfill political or governmental duties. 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 any purpose that would subsidize the lifestyle or defray ordinary and day-to-day expenses of a public official or candidate or his or her immediate family member that does not serve a campaign purpose or perform a governmental duty.

(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 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.

(e) As used in this Section, "immediate family member" means anyone living with a public official or candidate, or a spouse, child, sibling, or parent of a public official or candidate, regardless of whether that person lives with the public official or candidate.

(Source: P.A. 102-15, eff. 6-17-21.)