98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB3161

 

Introduced , by Rep. Jeanne M Ives

 

SYNOPSIS AS INTRODUCED:
 
New Act

    Creates the Political Funding Reform Act. Prohibits a public employer from collecting, deducting, or transmitting political funds. Provides that if a person or organization (i) has used as political funds any of the funds collected or deducted for it by any public employer, (ii) has commingled funds collected or deducted by any public employer with political funds, or (iii) has deducted or collected funds from multiple levels of an organization and transmitted those funds to a single recipient who has used those funds as political funds, then, for a period of 2 years, no public employer shall collect, deduct, or assist in the collection or deduction of funds for any purpose for that person or organization. Voids existing contracts and agreements that violate the Act. Makes the provisions of the Act severable. Effective immediately.


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A BILL FOR

 

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1    AN ACT concerning political funding reform.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the
5Political Funding Reform Act.
 
6    Section 5. Legislative findings and declarations; policy.
7    (a) The General Assembly finds and declares:
8        (1) that it is in the interest of this State's citizens
9    to ensure that government resources, including public
10    employee time, as well as public property, equipment, and
11    supplies, are used exclusively for activities that are
12    essential to carrying out the necessary functions of
13    government;
14        (2) that necessary governmental functions do not
15    include using government resources to confer a political
16    benefit or advantage on any private individual or
17    organization, including, but not limited to, public
18    employee unions and their members; and
19        (3) that using government resources in any way to
20    promote, support, or enhance the political activities of
21    any private individual or organization, above that of other
22    citizens or private organizations, is not a necessary or
23    desirable function of government.

 

 

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1    (b) Therefore, it is the public policy of this State to
2prohibit the use of any government resources to collect or
3assist in the collection of political funds or to promote or
4assist in a political activity on behalf of any private
5individual or organization.
 
6    Section 10. Definitions
7    (a) For the purposes of this Act, unless the context
8otherwise requires:
9    "Public employer" means any state or local government,
10government agency, government instrumentality, special
11district, joint powers authority, school board or special
12purpose organization that employs one or more persons in any
13capacity.
14    "Political funds" means money expended upon, or commingled
15with funds used for any political activity, including, but not
16limited to:
17        (1) independent expenditures for communications
18    advocating the election or defeat of clearly identified
19    candidates for public office;
20        (2) participating in, or intervening in (including the
21    publication or distribution of statements), any political
22    campaign on behalf of (or in opposition to) any candidate
23    for public office, or any political party or committee;
24        (3) supporting or opposing any pending or proposed
25    ballot measure, including, but not limited to, efforts to

 

 

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1    collect signatures to place a measure on the ballot, and
2    any efforts, including, but not limited to, direct mail and
3    media campaigns, to solicit signatures for initiative
4    petitions or to discourage voters from signing initiative
5    petitions;
6        (4) contributions toward the operations or expenses of
7    a Political Action Committee; or
8        (5) communications or other activities of
9    organizations where a substantial part of their activity
10    which involves carrying on propaganda, or otherwise
11    attempting to influence voters or legislation or ballot
12    issues.
13    (b) The terms used in this Section shall have the same
14meaning as under Section 501(c)(3) of the Internal Revenue Code
15and regulations promulgated by the Secretary of the Treasury
16thereunder.
17    (c) This Act shall not apply to activities that are
18necessary to fulfill statutory obligations to inform the
19electorate or the public, or both, about the candidates or
20issues to be voted upon in a forthcoming election.
 
21    Section 15. Prohibitions. A public employer is prohibited
22from collecting, deducting, or transmitting political funds.
 
23    Section 20. Penalties.
24    (a) If a person or organization (i) has used as political

 

 

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1funds any of the funds collected or deducted for it by any
2public employer, (ii) has commingled funds collected or
3deducted by any public employer with political funds, or (iii)
4has deducted or collected funds from multiple levels of an
5organization and transmitted those funds to a single recipient
6who has used those funds as political funds, then, for a period
7of 2 years, no public employer shall deduct, or assist in the
8deduction of, funds for any purpose for that person or
9organization.
10    (b) Any employee whose wages have been deducted in
11violation of the provisions of this Act may bring suit in a
12court of competent jurisdiction to obtain injunctive relief
13against the violator or person or public employer threatening
14violation. If the State enjoys sovereign immunity, nothing in
15this Act shall be considered or otherwise construed to waive,
16or in any way abrogate such immunity. An employee whose wages
17have been deducted in violation of this Act may bring suit in a
18court of competent jurisdiction to recover damages equal to:
19        (1) from a public employer violating the provisions of
20    this Act, or failing to take appropriate action when
21    informed of the violation, any amounts actually deducted
22    from the public employee's wages; and
23        (2) from any individual or organization acting
24    separately or in league with a public employer to violate
25    the provisions of this Act, twice any amounts actually
26    received by the individual or organization from the injured

 

 

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1    public employee.
2    The remedies provided in items (1) and (2) of this
3subsection (b) shall not preempt any other causes of action and
4damage awards which may be available to public employees
5injured as a result of violations of this Act.
6    (c) In any judgment for the plaintiff intended to enforce
7of this Act, the court may award reasonable attorneys' fees and
8court costs.
 
9    Section 25. Void Agreements. Any written or oral agreement,
10understanding, or practice between a public employer and any
11individual or organization that is in violation of the
12provisions of this Act shall be deemed void on the effective
13date of this Act.
 
14    Section 97. Severability. The provisions of this Act are
15severable under Section 1.31 of the Statute on Statutes.
 
16    Section 99. Effective date. This Act takes effect upon
17becoming law.