98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB3327

 

Introduced , by Rep. Jim Durkin

 

SYNOPSIS AS INTRODUCED:
 
5 ILCS 430/5-57 new
10 ILCS 5/9-8.7 new

    Amends the State Officials and Employees Ethics Act and the Election Code. Provides that any member of a board or commission whose appointment requires the advice and consent of the Senate and who is (i) confirmed by the Senate, (ii) holds office by a temporary appointment made under Section 9 of Article V of the Illinois Constitution, or (iii) is appointed by the Governor as an acting member must divest or freeze the funds in any candidate political committee and political action committee that he or she maintains or controls and may not establish a candidate political committee or political action committee for the duration of his or her term on the board or commission. Provides that the failure to divest or freeze those funds will result in their forfeiture. Provides that an appointed member of a board or commission who establishes a candidate political committee or political action committee during his or her term on the board or commission shall be subject to a $5,000 fine. Provides that a member may maintain his or her committee for the purpose of paying any debt owed by that member's committee if the debt was incurred by the committee prior to the member's appointment. Provides that the committee may make payments on the committee's outstanding debt, pay reasonable costs of maintaining the account or preparing reports, and accept certain contributions from the member and the member's spouse, parent, sibling, or child. Effective immediately.


LRB098 07853 JDS 37937 b

 

 

A BILL FOR

 

HB3327LRB098 07853 JDS 37937 b

1    AN ACT concerning government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The State Officials and Employees Ethics Act is
5amended by adding Section 5-57 as follows:
 
6    (5 ILCS 430/5-57 new)
7    Sec. 5-57. Divesting or freezing of election funds of State
8board and commission members.
9    (a) This Section applies to an appointed member of a board
10or commission whose appointment requires the advice and consent
11of the Senate and who is (i) confirmed by the Senate, (ii)
12holds office by a temporary appointment under Section 9 of
13Article V of the Illinois Constitution, or (iii) is appointed
14by the Governor pursuant to any statute to serve as an acting
15member of a board or commission. This Section does not apply to
16members of the General Assembly.
17    (b) A member to whom this Section applies and who maintains
18or controls a candidate political committee or political action
19committee must divest or freeze the funds in his or her
20candidate political committee and political action committee
21as provided in Section 9-8.7 of the Election Code.
22    (c) A member to whom this Section applies may not establish
23a candidate political committee or political action committee

 

 

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1for the duration of his or her term on the board or commission.
 
2    Section 10. The Election Code is amended by adding Section
39-8.7 as follows:
 
4    (10 ILCS 5/9-8.7 new)
5    Sec. 9-8.7. Divesting or freezing of election funds of
6State board and commission members.
7    (a) This Section applies to an appointed member of a board
8or commission whose appointment requires the advice and consent
9of the Senate and who is (i) confirmed by the Senate, (ii)
10holds office by a temporary appointment made under Section 9 of
11Article V of the Illinois Constitution, or (iii) is appointed
12by the Governor pursuant to any statute to serve as an acting
13member of a board or commission.
14    (b) A member to whom this Section applies and who maintains
15or controls a candidate political committee or political action
16committee must divest or freeze the funds in his or her
17candidate political committee and political action committee.
18    (c) A member to whom this Section applies may not establish
19a candidate political committee or political action committee
20for the duration of his or her term on the board or commission.
21    (d) A member to whom this Section applies must:
22        (1) divest himself or herself of any funds in the
23    candidate political committee and political action
24    committee by (A) a direct return of funds to contributors

 

 

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1    in amounts not to exceed his or her individual
2    contributions; (B) a transfer of funds to a charitable
3    organization or organizations; or (C) a combination of
4    items (A) and (B); or
5        (2) freeze the funds in the candidate political
6    committee and political action committee by placing the
7    funds in an account that is frozen for the duration of his
8    or her term as a member of the board or commission; for the
9    purposes of this paragraph (2), an account is deemed frozen
10    if the only activity in the account is related to covering
11    the reasonable costs of maintaining the account or
12    preparing reports required by this Code; "reasonable
13    costs" shall be defined by the Board by rule.
14    If the member's committee has outstanding debt, then the
15member may maintain his or her committee for the purpose of
16paying any debt owed by that member's committee only if the
17debt was incurred by the committee prior to the member's
18appointment. During the member's term on the board or
19commission, the committee may make payments on the committee's
20outstanding debt, may pay reasonable costs of maintaining the
21account or preparing reports required by this Code, and may
22accept contributions from the member and the member's spouse,
23parent, sibling, or child as provided by this Code. "Reasonable
24costs" shall be defined by the Board by rule.
25    A member to whom this Section applies whose term of office
26begins on or after the effective date of this amendatory Act of

 

 

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1the 98th General Assembly must divest or freeze those funds
2within 15 days after he or she is confirmed by the Senate or,
3if the member holds office by a temporary appointment or as an
4acting member, within 15 days after he or she is appointed. A
5member to whom this Section applies and who is serving on a
6board or commission on the effective date of this amendatory
7Act of the 98th General Assembly must divest or freeze those
8funds within 60 days after the effective date of this
9amendatory Act of the 98th General Assembly.
10    (e) A member to whom this Section applies and who maintains
11or controls a candidate political committee or political action
12committee must submit an affidavit to the State Board of
13Elections which states that the member maintains or controls
14such a committee, the committee has been divested or frozen,
15and the member will not establish such a committee for the
16duration of his or her term on the board or commission. Each
17other member must submit an affidavit to the State Board of
18Elections that states that the member does not maintain or
19control a candidate political committee or political action
20committee and will not establish such a committee for the
21duration of his or her term on the board or commission. A
22member to whom this Section applies and whose term of office
23begins on or after the effective date of this amendatory Act of
24the 98th General Assembly must submit an affidavit under this
25subsection (e) within 15 days after he or she is confirmed by
26the Senate or, if the member holds office by a temporary

 

 

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1appointment or as an acting member, within 15 days after he or
2she is appointed. A member to whom this Section applies and who
3is serving on a board or commission on the effective date of
4this amendatory Act of the 98th General Assembly must submit an
5affidavit under this subsection (e) within 60 days after the
6effective date of this amendatory Act of the 98th General
7Assembly.
8    (f) Failure to divest or freeze an account in accordance
9with this Section shall result in forfeiture of all funds
10maintained in the candidate political committee and political
11action committee accounts. Forfeited funds shall be deposited
12into the General Revenue Fund. A member to whom this Section
13applies and who establishes a candidate political committee or
14political action committee during his or her term on the board
15or commission is subject to a $5,000 fine.
16    (g) Nothing in this Section prevents the spouse or
17immediate family members of a member to whom this Section
18applies from seeking elected office or establishing or
19maintaining a candidate political committee or political
20action committee.
 
21    Section 99. Effective date. This Act takes effect upon
22becoming law.