Illinois 2023-2024 Regular Session

Illinois House Bill HB4119 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4119 Introduced , by Rep. Tony M. McCombie SYNOPSIS AS INTRODUCED: 10 ILCS 5/9-8.10 10 ILCS 5/9-33 new Amends the Election Code. Prohibits a political committee from making certain expenditures to provide a defense in any criminal case or a defense in a civil case against any claims that a person has committed misconduct in his or her capacity as a public official, any claims of sexual harassment, or any claims of discrimination. Requires that a person found to have used campaign contributions in violation of the Code shall return contributions to the contributor or pay to the State if the contributor cannot be identified or reimbursed. Requires the political committee to include information on the contributions returned to the contributor or paid to the State in the committee's quarterly report to the State Board of Elections. LRB103 33362 AWJ 63174 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4119 Introduced , by Rep. Tony M. McCombie SYNOPSIS AS INTRODUCED: 10 ILCS 5/9-8.10 10 ILCS 5/9-33 new 10 ILCS 5/9-8.10 10 ILCS 5/9-33 new Amends the Election Code. Prohibits a political committee from making certain expenditures to provide a defense in any criminal case or a defense in a civil case against any claims that a person has committed misconduct in his or her capacity as a public official, any claims of sexual harassment, or any claims of discrimination. Requires that a person found to have used campaign contributions in violation of the Code shall return contributions to the contributor or pay to the State if the contributor cannot be identified or reimbursed. Requires the political committee to include information on the contributions returned to the contributor or paid to the State in the committee's quarterly report to the State Board of Elections. LRB103 33362 AWJ 63174 b LRB103 33362 AWJ 63174 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4119 Introduced , by Rep. Tony M. McCombie SYNOPSIS AS INTRODUCED:
3	3	10 ILCS 5/9-8.10 10 ILCS 5/9-33 new 10 ILCS 5/9-8.10 10 ILCS 5/9-33 new
4	4	10 ILCS 5/9-8.10
5	5	10 ILCS 5/9-33 new
6	6	Amends the Election Code. Prohibits a political committee from making certain expenditures to provide a defense in any criminal case or a defense in a civil case against any claims that a person has committed misconduct in his or her capacity as a public official, any claims of sexual harassment, or any claims of discrimination. Requires that a person found to have used campaign contributions in violation of the Code shall return contributions to the contributor or pay to the State if the contributor cannot be identified or reimbursed. Requires the political committee to include information on the contributions returned to the contributor or paid to the State in the committee's quarterly report to the State Board of Elections.
7	7	LRB103 33362 AWJ 63174 b LRB103 33362 AWJ 63174 b
8	8	LRB103 33362 AWJ 63174 b
9	9	A BILL FOR
10	10	HB4119LRB103 33362 AWJ 63174 b HB4119 LRB103 33362 AWJ 63174 b
11	11	HB4119 LRB103 33362 AWJ 63174 b
12	12	1 AN ACT concerning elections.
13	13	2 Be it enacted by the People of the State of Illinois,
14	14	3 represented in the General Assembly:
15	15	4 Section 5. The Election Code is amended by changing
16	16	5 Section 9-8.10 and by adding Section 9-33 as follows:
17	17	6 (10 ILCS 5/9-8.10)
18	18	7 Sec. 9-8.10. Use of political committee and other
19	19	8 reporting organization funds.
20	20	9 (a) A political committee shall not make expenditures:
21	21	10 (1) In violation of any law of the United States or of
22	22	11 this State.
23	23	12 (2) Clearly in excess of the fair market value of the
24	24	13 services, materials, facilities, or other things of value
25	25	14 received in exchange.
26	26	15 (3) For satisfaction or repayment of any debts other
27	27	16 than loans made to the committee or to the public official
28	28	17 or candidate on behalf of the committee or repayment of
29	29	18 goods and services purchased by the committee under a
30	30	19 credit agreement. Nothing in this Section authorizes the
31	31	20 use of campaign funds to repay personal loans. The
32	32	21 repayments shall be made by check written to the person
33	33	22 who made the loan or credit agreement. The terms and
34	34	23 conditions of any loan or credit agreement to a committee
35	35
36	36
37	37
38	38	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4119 Introduced , by Rep. Tony M. McCombie SYNOPSIS AS INTRODUCED:
39	39	10 ILCS 5/9-8.10 10 ILCS 5/9-33 new 10 ILCS 5/9-8.10 10 ILCS 5/9-33 new
40	40	10 ILCS 5/9-8.10
41	41	10 ILCS 5/9-33 new
42	42	Amends the Election Code. Prohibits a political committee from making certain expenditures to provide a defense in any criminal case or a defense in a civil case against any claims that a person has committed misconduct in his or her capacity as a public official, any claims of sexual harassment, or any claims of discrimination. Requires that a person found to have used campaign contributions in violation of the Code shall return contributions to the contributor or pay to the State if the contributor cannot be identified or reimbursed. Requires the political committee to include information on the contributions returned to the contributor or paid to the State in the committee's quarterly report to the State Board of Elections.
43	43	LRB103 33362 AWJ 63174 b LRB103 33362 AWJ 63174 b
44	44	LRB103 33362 AWJ 63174 b
45	45	A BILL FOR
46	46
47	47
48	48
49	49
50	50
51	51	10 ILCS 5/9-8.10
52	52	10 ILCS 5/9-33 new
53	53
54	54
55	55
56	56	LRB103 33362 AWJ 63174 b
57	57
58	58
59	59
60	60
61	61
62	62
63	63
64	64
65	65
66	66	HB4119 LRB103 33362 AWJ 63174 b
67	67
68	68
69	69	HB4119- 2 -LRB103 33362 AWJ 63174 b HB4119 - 2 - LRB103 33362 AWJ 63174 b
70	70	HB4119 - 2 - LRB103 33362 AWJ 63174 b
71	71	1 shall be set forth in a written agreement, including but
72	72	2 not limited to the method and amount of repayment, that
73	73	3 shall be executed by the chair or treasurer of the
74	74	4 committee at the time of the loan or credit agreement. The
75	75	5 loan or agreement shall also set forth the rate of
76	76	6 interest for the loan, if any, which may not substantially
77	77	7 exceed the prevailing market interest rate at the time the
78	78	8 agreement is executed.
79	79	9 (4) For the satisfaction or repayment of any debts or
80	80	10 for the payment of any expenses relating to a personal
81	81	11 residence. Campaign funds may not be used as collateral
82	82	12 for home mortgages.
83	83	13 (5) For clothing or personal laundry expenses, except
84	84	14 clothing items rented by the public official or candidate
85	85	15 for his or her own use exclusively for a specific
86	86	16 campaign-related event, provided that committees may
87	87	17 purchase costumes, novelty items, or other accessories
88	88	18 worn primarily to advertise the candidacy.
89	89	19 (6) For the travel expenses of any person unless the
90	90	20 travel is necessary for fulfillment of political,
91	91	21 governmental, or public policy duties, activities, or
92	92	22 purposes.
93	93	23 (7) For membership or club dues charged by
94	94	24 organizations, clubs, or facilities that are primarily
95	95	25 engaged in providing health, exercise, or recreational
96	96	26 services; provided, however, that funds received under
97	97
98	98
99	99
100	100
101	101
102	102	HB4119 - 2 - LRB103 33362 AWJ 63174 b
103	103
104	104
105	105	HB4119- 3 -LRB103 33362 AWJ 63174 b HB4119 - 3 - LRB103 33362 AWJ 63174 b
106	106	HB4119 - 3 - LRB103 33362 AWJ 63174 b
107	107	1 this Article may be used to rent the clubs or facilities
108	108	2 for a specific campaign-related event.
109	109	3 (8) In payment for anything of value or for
110	110	4 reimbursement of any expenditure for which any person has
111	111	5 been reimbursed by the State or any person. For purposes
112	112	6 of this item (8), a per diem allowance is not a
113	113	7 reimbursement.
114	114	8 (9) For the lease or purchase of or installment
115	115	9 payment for a motor vehicle unless the political committee
116	116	10 can demonstrate the vehicle will be used primarily for
117	117	11 campaign purposes or for the performance of governmental
118	118	12 duties. Nothing in this paragraph prohibits a political
119	119	13 committee from using political funds to make expenditures
120	120	14 related to vehicles not purchased or leased by a political
121	121	15 committee, provided the expenditure relates to the use of
122	122	16 the vehicle for primarily campaign purposes or the
123	123	17 performance of governmental duties. Persons using vehicles
124	124	18 not purchased or leased by a political committee may be
125	125	19 reimbursed for actual mileage for the use of the vehicle
126	126	20 for campaign purposes or for the performance of
127	127	21 governmental duties. The mileage reimbursements shall be
128	128	22 made at a rate not to exceed the standard mileage rate
129	129	23 method for computation of business expenses under the
130	130	24 Internal Revenue Code.
131	131	25 (10) Directly for an individual's tuition or other
132	132	26 educational expenses, except for governmental or political
133	133
134	134
135	135
136	136
137	137
138	138	HB4119 - 3 - LRB103 33362 AWJ 63174 b
139	139
140	140
141	141	HB4119- 4 -LRB103 33362 AWJ 63174 b HB4119 - 4 - LRB103 33362 AWJ 63174 b
142	142	HB4119 - 4 - LRB103 33362 AWJ 63174 b
143	143	1 purposes directly related to a candidate's or public
144	144	2 official's duties and responsibilities.
145	145	3 (11) For payments to a public official or candidate or
146	146	4 his or her family member unless for compensation for
147	147	5 services actually rendered by that person. The provisions
148	148	6 of this item (11) do not apply to expenditures by a
149	149	7 political committee for expenses related to providing
150	150	8 childcare for a minor child or care for a dependent family
151	151	9 member if the care is reasonably necessary for the public
152	152	10 official or candidate to fulfill political or governmental
153	153	11 duties. The provisions of this item (11) do not apply to
154	154	12 expenditures by a political committee in an aggregate
155	155	13 amount not exceeding the amount of funds reported to and
156	156	14 certified by the State Board or county clerk as available
157	157	15 as of June 30, 1998, in the semi-annual report of
158	158	16 contributions and expenditures filed by the political
159	159	17 committee for the period concluding June 30, 1998.
160	160	18 (12) For payments to attorneys, expert witnesses,
161	161	19 investigators, or others to provide a defense in a
162	162	20 criminal case.
163	163	21 (13) For payments to attorneys, expert witnesses,
164	164	22 investigators, or others to provide a defense in a civil
165	165	23 case against any claims that a person has committed
166	166	24 misconduct in his or her capacity as a public official,
167	167	25 any claims of sexual harassment, or any claims of
168	168	26 discrimination.
169	169
170	170
171	171
172	172
173	173
174	174	HB4119 - 4 - LRB103 33362 AWJ 63174 b
175	175
176	176
177	177	HB4119- 5 -LRB103 33362 AWJ 63174 b HB4119 - 5 - LRB103 33362 AWJ 63174 b
178	178	HB4119 - 5 - LRB103 33362 AWJ 63174 b
179	179	1 (b) The Board shall have the authority to investigate,
180	180	2 upon receipt of a verified complaint, violations of the
181	181	3 provisions of this Section. The Board may levy a fine on any
182	182	4 person who knowingly makes expenditures in violation of this
183	183	5 Section and on any person who knowingly makes a malicious and
184	184	6 false accusation of a violation of this Section. The Board may
185	185	7 act under this subsection only upon the affirmative vote of at
186	186	8 least 5 of its members. The fine shall not exceed $500 for each
187	187	9 expenditure of $500 or less and shall not exceed the amount of
188	188	10 the expenditure plus $500 for each expenditure greater than
189	189	11 $500. The Board shall also have the authority to render
190	190	12 rulings and issue opinions relating to compliance with this
191	191	13 Section.
192	192	14 (c) Nothing in this Section prohibits the expenditure of
193	193	15 funds of a political committee controlled by an officeholder
194	194	16 or by a candidate to defray the customary and reasonable
195	195	17 expenses of an officeholder in connection with the performance
196	196	18 of governmental and public service functions.
197	197	19 (d) Nothing in this Section prohibits the funds of a
198	198	20 political committee which is controlled by a person convicted
199	199	21 of a violation of any of the offenses listed in subsection (a)
200	200	22 of Section 10 of the Public Corruption Profit Forfeiture Act
201	201	23 from being forfeited to the State under Section 15 of the
202	202	24 Public Corruption Profit Forfeiture Act.
203	203	25 (Source: P.A. 102-15, eff. 6-17-21.)
204	204
205	205
206	206
207	207
208	208
209	209	HB4119 - 5 - LRB103 33362 AWJ 63174 b
210	210
211	211
212	212	HB4119- 6 -LRB103 33362 AWJ 63174 b HB4119 - 6 - LRB103 33362 AWJ 63174 b
213	213	HB4119 - 6 - LRB103 33362 AWJ 63174 b
214	214	1 (10 ILCS 5/9-33 new)
215	215	2 Sec. 9-33. Forfeiture of political contribution. If a
216	216	3 person is found to have used campaign contributions in
217	217	4 violation of this Code, all contributions and other receipts
218	218	5 held at the time of forfeiture by a political committee
219	219	6 controlled by that person shall, within 30 days from the date
220	220	7 of a final decision by the State Board of Elections of the
221	221	8 finding of the violation, be returned to the contributor, if
222	222	9 possible, or be paid to the State if the contributor cannot be
223	223	10 identified or reimbursed. Payments received by the State
224	224	11 pursuant to this Section shall be deposited into the General
225	225	12 Revenue Fund.
226	226	13 Information on contributions returned to the contributor
227	227	14 or paid to the State under this Section shall be included in
228	228	15 the political committee's quarterly report required under
229	229	16 subsection (b) of Section 9-10.
230	230
231	231
232	232
233	233
234	234
235	235	HB4119 - 6 - LRB103 33362 AWJ 63174 b