Bill Text: IL HB3161 | 2013-2014 | 98th General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2014-12-03 - Session Sine Die [HB3161 Detail]

Download: Illinois-2013-HB3161-Introduced.html

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

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

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

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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 deduct, or assist in the
deduction of, funds for any purpose for that person or
organization.
(b) Any employee whose wages have been deducted in
violation of the provisions of this Act may bring suit in a
court of competent jurisdiction to obtain injunctive relief
against the violator or person or public employer threatening
violation. If the State enjoys sovereign immunity, nothing in
this Act shall be considered or otherwise construed to waive,
or in any way abrogate such immunity. An employee whose wages
have been deducted in violation of this Act may bring suit in a
court of competent jurisdiction to recover damages equal to:
(1) from a public employer violating the provisions of
this Act, or failing to take appropriate action when
informed of the violation, any amounts actually deducted
from the public employee's wages; and
(2) from any individual or organization acting
separately or in league with a public employer to violate
the provisions of this Act, twice any amounts actually
received by the individual or organization from the injured

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