Connecticut 2021 2021 Regular Session

Connecticut House Bill HB06663 Comm Sub / Bill

Filed 04/15/2021

                     
 
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General Assembly  Substitute Bill No. 6663  
January Session, 2021 
 
 
 
AN ACT REVISING CERTAIN CAMPAIGN FINANCE STATUTES.  
Be it enacted by the Senate and House of Representatives in General 
Assembly convened: 
 
Section 1. Section 9-611 of the general statutes is repealed and the 1 
following is substituted in lieu thereof (Effective October 1, 2021): 2 
(a) No individual shall make a contribution or contributions to, for 3 
the benefit of, or pursuant to the authorization or request of, a candidate 4 
or a committee supporting or opposing any candidate's campaign for 5 
nomination at a primary, or any candidate's campaign for election, to 6 
the office of (1) Governor, in excess of three thousand five hundred 7 
dollars; (2) Lieutenant Governor, Secretary of the State, Treasurer, 8 
Comptroller or Attorney General, in excess of two thousand dollars; (3) 9 
chief executive officer of a town, city or borough, in excess of one 10 
thousand dollars; (4) state senator or probate judge, in excess of one 11 
thousand dollars; or (5) state representative or any other office of a 12 
municipality not previously included in this subsection, in excess of two 13 
hundred fifty dollars. The limits imposed by this subsection shall be 14 
applied separately to primaries and elections. 15 
(b) (1) No individual shall make a contribution or contributions to, or 16 
for the benefit of, an exploratory committee, in excess of three hundred 17 
seventy-five dollars, if the candidate establishing the exploratory 18 
committee certifies on the statement of organization for the exploratory 19  Substitute Bill No. 6663 
 
 
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committee pursuant to subsection (c) of section 9-604 that the candidate 20 
will not be a candidate for the office of state representative. No 21 
individual shall make a contribution or contributions to, or for the 22 
benefit of, any exploratory committee, in excess of two hundred fifty 23 
dollars, if the candidate establishing the exploratory committee does not 24 
so certify. 25 
(2) No individual shall make a contribution or contributions to, or for 26 
the benefit of, a political committee formed by a slate of candidates in a 27 
primary for the office of justice of the peace, in excess of two hundred 28 
fifty dollars. 29 
[(c) No individual shall make contributions to such candidates or 30 
committees which in the aggregate exceed thirty thousand dollars for 31 
any single election and primary preliminary to such election.] 32 
[(d)] (c) No individual shall make a contribution to any candidate or 33 
committee, other than a contribution in kind, in excess of one hundred 34 
dollars except by personal check or credit card of that individual. 35 
[(e)] (d) No individual who is less than eighteen years of age shall 36 
make a contribution or contributions, in excess of thirty dollars to, for 37 
the benefit of, or pursuant to the authorization or request of: (1) A 38 
candidate or a committee supporting or opposing any candidate's 39 
campaign for nomination at a primary to any office; (2) a candidate or a 40 
committee supporting or opposing any candidate's campaign for 41 
election to any office; (3) an exploratory committee; (4) any other 42 
political committee in any calendar year; or (5) a party committee in any 43 
calendar year. Notwithstanding any provision of subdivision (2) of 44 
section 9-7b, any individual who is less than eighteen years of age who 45 
violates any provision of this subsection shall not be subject to the 46 
provisions of subdivision (2) of section 9-7b. 47 
Sec. 2. Section 9-601 of the general statutes is amended by adding 48 
subdivision (32) as follows (Effective October 1, 2021): 49 
(NEW) (32) "Independent expenditure political committee" means a 50  Substitute Bill No. 6663 
 
 
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political committee that makes only (A) independent expenditures, and 51 
(B) contributions to other independent expenditure political 52 
committees. 53 
Sec. 3. Subdivision (3) of section 9-601 of the general statutes is 54 
repealed and the following is substituted in lieu thereof (Effective October 55 
1, 2021): 56 
(3) "Political committee" means (A) a committee organized by a 57 
business entity or organization, (B) persons other than individuals, or 58 
two or more individuals organized or acting jointly conducting their 59 
activities in or outside the state, (C) an exploratory committee, (D) a 60 
committee established by or on behalf of a slate of candidates in a 61 
primary for the office of justice of the peace, but does not mean a 62 
candidate committee or a party committee, (E) a legislative caucus 63 
committee, [or] (F) a legislative leadership committee, or (G) an 64 
independent expenditure political committee. 65 
Sec. 4. Subdivision (1) of subsection (g) of section 9-607 of the general 66 
statutes is repealed and the following is substituted in lieu thereof 67 
(Effective October 1, 2021): 68 
(g) (1) As used in this subsection, (A) "the lawful purposes of the 69 
committee" means: (i) For a candidate committee or exploratory 70 
committee, the promoting of the nomination or election of the candidate 71 
who established the committee, except that after a political party 72 
nominates candidates for election to the offices of Governor and 73 
Lieutenant Governor, whose names shall be so placed on the ballot in 74 
the election that an elector will cast a single vote for both candidates, as 75 
prescribed in section 9-181, a candidate committee established by either 76 
such candidate may also promote the election of the other such 77 
candidate; (ii) for a political committee, other than an independent 78 
expenditure political committee described in subparagraph (A)(iv) of 79 
this subdivision, the promoting of (I) a political party, including party 80 
building activities, (II) the success or defeat of candidates for 81 
nomination [and] or election to public office or position subject to the 82  Substitute Bill No. 6663 
 
 
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requirements of this chapter, or (III) the success or defeat of referendum 83 
questions, provided a political committee formed for a single 84 
referendum question shall not promote the success or defeat of any 85 
candidate, and provided further a legislative leadership committee or a 86 
legislative caucus committee may expend funds to defray costs for 87 
conducting legislative or constituency-related business which are not 88 
reimbursed or paid by the state; [and] (iii) for a party committee, the 89 
promoting of the party, party building activities, the candidates of the 90 
party and continuing operating costs of the party; and (iv) for an 91 
independent expenditure political committee, the promoting of (I) a 92 
political party, (II) the success or defeat of candidates for nomination or 93 
election to public office or position subject to the requirements of this 94 
chapter, or (III) the success or defeat of referendum questions, provided 95 
an independent expenditure political committee shall act entirely 96 
independently of a candidate, candidate committee, party committee or 97 
political committee that is not an independent expenditure political 98 
committee, or any agent of such candidate or committee, and (B) 99 
"immediate family" means a spouse or dependent child of a candidate 100 
who resides in the candidate's household. 101 
Sec. 5. Subparagraph (C) of subdivision (1) of subsection (e) of section 102 
9-608 of the general statutes is repealed and the following is substituted 103 
in lieu thereof (Effective October 1, 2021): 104 
(C) (i) Each political committee formed solely to aid or promote the 105 
success or defeat of any referendum question, which does not receive 106 
contributions from a business entity or an organization, shall distribute 107 
its surplus to a party committee, to a political committee organized for 108 
ongoing political activities, to a national committee of a political party, 109 
to all contributors to the committee on a prorated basis of contribution, 110 
to state or municipal governments or agencies or to any organization 111 
which is a tax-exempt organization under Section 501(c)(3) of the 112 
Internal Revenue Code of 1986, or any subsequent corresponding 113 
internal revenue code of the United States, as from time to time 114 
amended.  115  Substitute Bill No. 6663 
 
 
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(ii) Each political committee formed solely to aid or promote the 116 
success or defeat of any referendum question, which receives 117 
contributions from a business entity or an organization, and each 118 
independent expenditure political committee other than an 119 
independent expenditure political committee formed for ongoing 120 
political activities, shall distribute its surplus to all contributors to the 121 
committee on a prorated basis of contribution, to state or municipal 122 
governments or agencies, or to any organization which is tax-exempt 123 
under said provisions of the Internal Revenue Code.  124 
(iii) Notwithstanding the provisions of this subsection, a committee 125 
formed for a single referendum shall not be required to expend its 126 
surplus not later than ninety days after the referendum and may 127 
continue in existence if a substantially similar referendum question on 128 
the same issue will be submitted to the electorate within six months after 129 
the first referendum. If two or more substantially similar referenda on 130 
the same issue are submitted to the electorate, each no more than six 131 
months apart, the committee shall expend such surplus within ninety 132 
days following the date of the last such referendum; 133 
Sec. 6. Subsections (a) and (b) of section 9-612 of the general statutes 134 
are repealed and the following is substituted in lieu thereof (Effective 135 
October 1, 2021): 136 
(a) (1) No individual shall make a contribution or contributions in any 137 
one calendar year in excess of ten thousand dollars to the state central 138 
committee of any party, or for the benefit of such committee pursuant 139 
to its authorization or request; or two thousand dollars to a town 140 
committee of any political party, or for the benefit of such committee 141 
pursuant to its authorization or request; or two thousand dollars to a 142 
legislative caucus committee or legislative leadership committee; [,] or 143 
one thousand dollars to any other political committee other than [(1)] 144 
(A) a political committee formed solely to aid or promote the success or 145 
defeat of a referendum question, [(2)] (B) an exploratory committee, [(3)] 146 
(C) a political committee established by an organization, or for the 147 
benefit of such committee pursuant to its authorization or request, [or 148  Substitute Bill No. 6663 
 
 
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(4)] (D) a political committee formed by a slate of candidates in a 149 
primary for the office of justice of the peace of the same town, or (E) an 150 
independent expenditure political committee. 151 
(2) Notwithstanding the provisions of subdivision (1) of this 152 
subsection and unless otherwise restricted or prohibited by law, an 153 
individual may make contributions to an independent expenditure 154 
political committee. 155 
(b) (1) No individual shall make a contribution to a political 156 
committee established by an organization which receives its funds from 157 
the organization's treasury. With respect to a political committee 158 
established by an organization which has complied with the provisions 159 
of subsection (b) or (c) of section 9-614, as amended by this act, and has 160 
elected to receive contributions, no individual other than a member of 161 
the organization may make contributions to the committee, in which 162 
case the individual may contribute not more than seven hundred fifty 163 
dollars in any one calendar year to such committee or for the benefit of 164 
such committee pursuant to its authorization or request. 165 
(2) Notwithstanding the provisions of subdivision (1) of this 166 
subsection and unless otherwise restricted or prohibited by law, an 167 
individual may make contributions to an independent expenditure 168 
political committee established by an organization. 169 
Sec. 7. Section 9-613 of the general statutes is repealed and the 170 
following is substituted in lieu thereof (Effective October 1, 2021): 171 
(a) [No] A business entity shall not make any contributions or 172 
expenditures (1) to, or for the benefit of, any candidate's campaign (A) 173 
for election to any public office or position subject to this chapter, or (B) 174 
for nomination at a primary for any such office or position, or (2) to 175 
promote the defeat of any candidate for any such office or position. [No] 176 
A business entity shall not make any other contributions or 177 
expenditures to promote the success or defeat of any political party. [, 178 
except as provided in subsection (b) of this section. No] A business 179  Substitute Bill No. 6663 
 
 
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entity shall not establish more than one political committee. A political 180 
committee shall be deemed to have been established by a business entity 181 
if the initial disbursement or contribution to the committee is made 182 
under subsection (b) of this section or by an officer, director, owner, 183 
limited or general partner or holder of stock constituting five per cent or 184 
more of the total outstanding stock of any class of the business entity. 185 
(b) A business entity may make reasonable and necessary transfers or 186 
disbursements to or for the benefit of a political committee established 187 
by such business entity, for the administration of, or solicitation of 188 
contributions to, such political committee. Nonmonetary contributions 189 
by a business entity which are incidental in nature and are directly 190 
attributable to the administration of such political committee shall be 191 
exempt from the reporting requirements of this chapter. 192 
(c) The provisions of this section shall not preclude a business entity 193 
from making contributions or expenditures to promote the success or 194 
defeat of a referendum question. 195 
(d) A political committee organized by a business entity shall not 196 
make a contribution or contributions to or for the benefit of any 197 
candidate's campaign for nomination at a primary or any candidate's 198 
campaign for election to the office of: (1) Governor, in excess of five 199 
thousand dollars; (2) Lieutenant Governor, Secretary of the State, 200 
Treasurer, Comptroller or Attorney General, in excess of three thousand 201 
dollars; (3) state senator, probate judge or chief executive officer of a 202 
town, city or borough, in excess of one thousand five hundred dollars; 203 
(4) state representative, in excess of seven hundred fifty dollars; or (5) 204 
any other office of a municipality not included in subdivision (3) of this 205 
subsection, in excess of three hundred seventy-five dollars. The limits 206 
imposed by this subsection shall apply separately to primaries and 207 
elections and contributions by any such committee to candidates 208 
designated in this subsection shall not exceed one hundred thousand 209 
dollars in the aggregate for any single election and primary preliminary 210 
thereto. Contributions to such committees shall also be subject to the 211 
provisions of section 9-618, as amended by this act, in the case of 212  Substitute Bill No. 6663 
 
 
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committees formed for ongoing political activity or section 9-619, as 213 
amended by this act, in the case of committees formed for a single 214 
election or primary. 215 
(e) [No] A political committee organized by a business entity shall 216 
not make a contribution or contributions to (1) a state central committee 217 
of a political party, in excess of seven thousand five hundred dollars in 218 
any calendar year, (2) a town committee of any political party, in excess 219 
of one thousand five hundred dollars in any calendar year, (3) an 220 
exploratory committee in excess of three hundred seventy-five dollars, 221 
or (4) any other kind of political committee, in excess of two thousand 222 
dollars in any calendar year. 223 
(f) As used in this subsection, "investment services" means 224 
investment legal services, investment banking services, investment 225 
advisory services, underwriting services, financial advisory services or 226 
brokerage firm services. [No] A political committee established by a 227 
firm which provides investment services and to which the State 228 
Treasurer pays compensation, expenses or fees or issues a contract shall 229 
not make a contribution to, or solicit contributions on behalf of, an 230 
exploratory committee or candidate committee established by a 231 
candidate for nomination or election to the office of State Treasurer 232 
during the term of office of the State Treasurer who does business with 233 
such firm. 234 
(g) Notwithstanding the provisions of [this section, a corporation, 235 
cooperative association, limited partnership, professional association, 236 
limited liability company or limited liability partnership, whether 237 
formed in this state or any other, acting alone,] subsections (a) to (f), 238 
inclusive, of this section, (1) a business entity may make independent 239 
expenditures, and (2) an independent expenditure political committee 240 
organized by a business entity shall not make any contribution unless 241 
such contribution is to another independent expenditure political 242 
committee. 243 
Sec. 8. Section 9-614 of the general statutes is repealed and the 244  Substitute Bill No. 6663 
 
 
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following is substituted in lieu thereof (Effective October 1, 2021): 245 
An organization may make contributions or expenditures, other than 246 
[those made to promote] for the purposes of promoting the success or 247 
defeat of a referendum question, only by first forming its own political 248 
committee. [The] Unless such political committee is an independent 249 
expenditure political committee, the political committee shall then be 250 
authorized to (1) receive funds (A) exclusively from the organization's 251 
treasury or from voluntary contributions made by its members, but not 252 
both, (B) from another political committee, or [,] (C) from a candidate 253 
committee distributing a surplus, and [(1) to] (2) make (A) contributions 254 
or expenditures to, or for the benefit of, a candidate's campaign or a 255 
political party, or [(2) to make] (B) contributions to another political 256 
committee. [No] An organization shall not form more than one political 257 
committee. A political committee shall be deemed to have been 258 
established by an organization if the initial contribution to the 259 
committee is made by the organization's treasury or an officer or 260 
director of the organization. 261 
(b) A political committee established by an organization may elect to 262 
alter the manner in which it is funded if it complies with the 263 
requirements of this subsection. The committee chairperson shall notify 264 
the repository with which the committee's most recent statement of 265 
organization is filed, in writing, of the committee's intent to alter its 266 
manner of funding. [Within] Not later than fifteen days after the date of 267 
receipt of such notification, the treasurer of such political committee 268 
shall return any funds remaining in the account of the committee to the 269 
organization's treasury after payment of each outstanding liability. 270 
[Within] Not later than seven days after the distribution and payments 271 
have been made, the treasurer shall file a statement with the same 272 
repository itemizing each such distribution and payment. Upon such 273 
filing, the treasurer may receive voluntary contributions from any 274 
member of the organization which established such committee subject 275 
to the limitations imposed in subsection (b) of section 9-612, as amended 276 
by this act. 277  Substitute Bill No. 6663 
 
 
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(c) The chairperson of each political committee established by an 278 
organization on or after July 1, 1985, shall designate the manner in 279 
which the committee shall be funded in the committee's statement of 280 
organization. 281 
(d) Notwithstanding the provisions of [this section, an organization, 282 
acting alone,] subsections (a) to (c), inclusive, of this section, an 283 
organization may make independent expenditures and contributions to 284 
an independent expenditure political committee. 285 
Sec. 9. Section 9-615 of the general statutes is repealed and the 286 
following is substituted in lieu thereof (Effective October 1, 2021): 287 
(a) [No] A political committee established by an organization shall 288 
not make a contribution or contributions to, or for the benefit of, any 289 
candidate's campaign for nomination at a primary or for election to the 290 
office of: (1) Governor, in excess of five thousand dollars; (2) Lieutenant 291 
Governor, Secretary of the State, Treasurer, Comptroller or Attorney 292 
General, in excess of three thousand dollars; (3) chief executive officer 293 
of a town, city or borough, in excess of one thousand five hundred 294 
dollars; (4) state senator or probate judge, in excess of one thousand five 295 
hundred dollars; (5) state representative, in excess of seven hundred 296 
fifty dollars; or (6) any other office of a municipality not previously 297 
included in this subsection, in excess of three hundred seventy-five 298 
dollars. 299 
(b) [No] Any such committee shall not make a contribution or 300 
contributions to, or for the benefit of, an exploratory committee, in 301 
excess of three hundred seventy-five dollars. Any such committee may 302 
make unlimited contributions to a political committee formed solely to 303 
aid or promote the success or defeat of a referendum question. 304 
(c) The limits imposed by subsection (a) of this section shall apply 305 
separately to primaries and elections and no such committee shall make 306 
contributions to the candidates designated in this section which in the 307 
aggregate exceed fifty thousand dollars for any single election and 308  Substitute Bill No. 6663 
 
 
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primary preliminary thereto. 309 
(d) [No] Except as provided in subsection (f) of this section, a political 310 
committee established by an organization shall not make contributions 311 
in any one calendar year to, or for the benefit of, (1) the state central 312 
committee of a political party, in excess of seven thousand five hundred 313 
dollars; (2) a town committee, in excess of one thousand five hundred 314 
dollars; or (3) any political committee, other than an exploratory 315 
committee or a committee formed solely to aid or promote the success 316 
or defeat of a referendum question, in excess of two thousand dollars. 317 
(e) Contributions to a political committee established by an 318 
organization for the purpose of making contributions shall be subject to 319 
the provisions of section 9-618, as amended by this act, in the case of a 320 
committee formed for ongoing political activity or section 9-619, as 321 
amended by this act, in the case of a committee formed for a single 322 
election or primary. 323 
(f) An independent expenditure political committee established by an 324 
organization shall not make any contribution unless such contribution 325 
is to another independent expenditure political committee.  326 
Sec. 10. Subsection (a) of section 9-618 of the general statutes is 327 
repealed and the following is substituted in lieu thereof (Effective October 328 
1, 2021): 329 
(a) (1) A political committee organized for ongoing political activities 330 
may make unlimited contributions to, or for the benefit of, any national 331 
committee of a political party [;] or a committee of a candidate for 332 
federal or out-of-state office. Except as provided in subdivision (3) of 333 
subsection (d) of this section, no such political committee shall make a 334 
contribution or contributions in excess of two thousand dollars to 335 
another political committee in any calendar year. No political committee 336 
organized for ongoing political activities shall make a contribution in 337 
excess of three hundred seventy-five dollars to an exploratory 338 
committee. If such an ongoing committee is established by an 339  Substitute Bill No. 6663 
 
 
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organization or a business entity, its contributions shall be subject to the 340 
limits imposed by sections 9-613 to 9-615, inclusive, as amended by this 341 
act. A political committee organized for ongoing political activities may 342 
make [contributions] donations to a charitable organization which is a 343 
tax-exempt organization under Section 501(c)(3) of the Internal Revenue 344 
Code, as from time to time amended, or make memorial [contributions] 345 
donations. 346 
(2) An independent expenditure political committee organized for 347 
ongoing political activities shall not make any contribution unless such 348 
contribution is to another independent expenditure political committee. 349 
Sec. 11. Subsection (a) of section 9-619 of the general statutes is 350 
repealed and the following is substituted in lieu thereof (Effective October 351 
1, 2021): 352 
(a) (1) No political committee established for a single primary or 353 
election shall make contributions to a national committee, or a 354 
committee of a candidate for federal or out-of-state office. If such a 355 
political committee is established by an organization or a business 356 
entity, its contributions shall also be subject to the limitations imposed 357 
by sections 9-613 to 9-615, inclusive, as amended by this act. Except as 358 
provided in subdivision (2) of subsection (d) of this section, no political 359 
committee formed for a single election or primary shall, with respect to 360 
such election or primary make a contribution or contributions in excess 361 
of two thousand dollars to another political committee, provided no 362 
such political committee shall make a contribution in excess of three 363 
hundred seventy-five dollars to an exploratory committee. 364 
(2) An independent expenditure political committee established for a 365 
single primary or election shall not make any contribution unless such 366 
contribution is to another independent expenditure political committee. 367 
Sec. 12. Section 9-620 of the general statutes is repealed and the 368 
following is substituted in lieu thereof (Effective October 1, 2021): 369 
(a) A political committee formed solely to aid or promote the success 370  Substitute Bill No. 6663 
 
 
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or defeat of a referendum question shall not make contributions to, or 371 
for the benefit of, a party committee, a political committee, a national 372 
committee, a committee of a candidate for federal or out-of-state office 373 
or a candidate committee, except in the distribution of a surplus, as 374 
provided in subsection (e) of section 9-608, as amended by this act. 375 
(b) A political committee formed solely to aid or promote the success 376 
or defeat of a referendum question shall not receive contributions from 377 
a national committee or from a committee of a candidate for federal or 378 
out-of-state office. 379 
(c) [No] A person, other than an individual or a committee, shall not 380 
make a contribution to a political committee formed solely to aid or 381 
promote the success or defeat of a referendum question, or to any other 382 
person, to aid or promote the success or defeat of a referendum question, 383 
in excess of ten cents for each individual residing in the state or political 384 
subdivision thereof in which such referendum question is to be voted 385 
upon, in accordance with the last federal decennial census. 386 
(d) Notwithstanding the provisions of subsections (a) to (c), inclusive, 387 
of this section, an independent expenditure political committee formed 388 
solely to aid or promote the success or defeat of a referendum question 389 
shall not make any contribution unless such contribution is made to 390 
another independent expenditure political committee. Unless otherwise 391 
restricted or prohibited by law, an independent expenditure political 392 
committee formed solely to aid or promote the success or defeat of a 393 
referendum question may accept contributions from an entity.  394 
This act shall take effect as follows and shall amend the following 
sections: 
 
Section 1 October 1, 2021 9-611 
Sec. 2 October 1, 2021 9-601 
Sec. 3 October 1, 2021 9-601(3) 
Sec. 4 October 1, 2021 9-607(g)(1) 
Sec. 5 October 1, 2021 9-608(e)(1)(C) 
Sec. 6 October 1, 2021 9-612(a) and (b)  Substitute Bill No. 6663 
 
 
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Sec. 7 October 1, 2021 9-613 
Sec. 8 October 1, 2021 9-614 
Sec. 9 October 1, 2021 9-615 
Sec. 10 October 1, 2021 9-618(a) 
Sec. 11 October 1, 2021 9-619(a) 
Sec. 12 October 1, 2021 9-620 
 
Statement of Legislative Commissioners:   
In Section 7(a), (d) and (e), "Except as provided in subsection (g) of this 
section" was deleted for clarity because the existing notwithstanding 
provision at Subsec. (g) makes such deleted language unnecessary; and 
in Section 7(g), the language was restructured for accuracy and clarity. 
 
GAE Joint Favorable Subst. -LCO