Rep. Jack D. Franks
Filed: 4/12/2011
| |||||||
| |||||||
| |||||||
1 | AMENDMENT TO HOUSE BILL 1717
| ||||||
2 | AMENDMENT NO. ______. Amend House Bill 1717 by replacing | ||||||
3 | everything after the enacting clause with the following:
| ||||||
4 | Section 10. The Election Code is amended by adding Section | ||||||
5 | 9-8.7 as follows: | ||||||
6 | (10 ILCS 5/9-8.7 new) | ||||||
7 | Sec. 9-8.7. Divesting or freezing of campaign funds | ||||||
8 | controlled by State board and commission members. | ||||||
9 | (a) For the purposes of this Section: | ||||||
10 | "Board or commission" means any board, commission, | ||||||
11 | authority, or task force authorized or created by the | ||||||
12 | Illinois Constitution, State law, or executive order of the | ||||||
13 | Governor. | ||||||
14 | "Member" means any person appointed to a board or | ||||||
15 | commission. | ||||||
16 | (b) A member who maintains or controls a candidate |
| |||||||
| |||||||
1 | political committee must divest or freeze the funds in his or | ||||||
2 | her candidate political committee. | ||||||
3 | (c) A member may not establish a candidate political | ||||||
4 | committee for the duration of his or her term on a board or | ||||||
5 | commission. | ||||||
6 | (d) A member must: | ||||||
7 | (1) divest himself or herself of any funds in the | ||||||
8 | candidate political committee by (A) a direct return of | ||||||
9 | funds to contributors in amounts not to exceed his or her | ||||||
10 | individual contributions; (B) a transfer of funds to a | ||||||
11 | charitable organization or organizations; or (C) a | ||||||
12 | combination of items (A) and (B); or | ||||||
13 | (2) freeze the funds in the candidate political | ||||||
14 | committee by placing the funds in an account that is frozen | ||||||
15 | for the duration of his or her term as a member of the | ||||||
16 | board or commission; for the purposes of this paragraph | ||||||
17 | (2), an account is deemed frozen if the only activity in | ||||||
18 | the account is related to covering the reasonable costs of | ||||||
19 | maintaining the account or preparing reports required by | ||||||
20 | this Code; "reasonable costs" shall be defined by the State | ||||||
21 | Board of Elections by rule. | ||||||
22 | A member whose term of office begins on or after the | ||||||
23 | effective date of this amendatory Act of the 97th General | ||||||
24 | Assembly must divest or freeze those funds within 15 days after | ||||||
25 | the appointment is final. A member who is serving on a board or | ||||||
26 | commission on the effective date of this amendatory Act of the |
| |||||||
| |||||||
1 | 97th General Assembly must divest or freeze those funds within | ||||||
2 | 60 days after the effective date of this amendatory Act of the | ||||||
3 | 97th General Assembly. | ||||||
4 | (e) A member who maintains or controls a candidate | ||||||
5 | political committee must submit an affidavit to the State Board | ||||||
6 | of Elections that states that the member maintains or controls | ||||||
7 | a candidate political committee, that the candidate political | ||||||
8 | committee has been divested or frozen, and that the member will | ||||||
9 | not establish a candidate political committee for the duration | ||||||
10 | of his or her term on the board or commission. Each other | ||||||
11 | member must submit an affidavit to the State Board of Elections | ||||||
12 | that states that the member does not maintain or control a | ||||||
13 | candidate political committee and will not establish such a | ||||||
14 | committee for the duration of his or her term on the board or | ||||||
15 | commission. A member whose term of office begins on or after | ||||||
16 | the effective date of this amendatory Act of the 97th General | ||||||
17 | Assembly must submit an affidavit under this subsection (e) | ||||||
18 | within 15 days after the appointment is final. A member who is | ||||||
19 | serving on a board or commission on the effective date of this | ||||||
20 | amendatory Act of the 97th General Assembly must submit an | ||||||
21 | affidavit under this subsection (e) within 60 days after the | ||||||
22 | effective date of this amendatory Act of the 97th General | ||||||
23 | Assembly. | ||||||
24 | (f) Failure to divest or freeze an account in accordance | ||||||
25 | with this Section shall result in forfeiture of all funds | ||||||
26 | maintained in the candidate political committee account. |
| |||||||
| |||||||
1 | Forfeited funds shall be deposited into the General Revenue | ||||||
2 | Fund. A member who establishes a candidate political committee | ||||||
3 | during his or her term on a board or commission is subject to a | ||||||
4 | $5,000 fine. | ||||||
5 | (g) Nothing in this Section prevents the spouse or | ||||||
6 | immediate family members of a member from seeking elected | ||||||
7 | office or establishing or maintaining a candidate political | ||||||
8 | committee.
| ||||||
9 | Section 99. Effective date. This Act takes effect upon | ||||||
10 | becoming law.".
|