Bill Text: IL HB3986 | 2015-2016 | 99th General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2015-03-27 - Rule 19(a) / Re-referred to Rules Committee [HB3986 Detail]

Download: Illinois-2015-HB3986-Introduced.html

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99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 HB3986 Introduced , by Rep. Dwight Kay 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.
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A BILL FOR
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AN ACT concerning government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The State Officials and Employees Ethics Act is
amended by adding Section 5-57 as follows:
(5 ILCS 430/5-57 new)
Sec. 5-57. Divesting or freezing of election funds of State
board and commission members.
(a) This Section applies to an appointed 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 under Section 9 of
Article V of the Illinois Constitution, or (iii) is appointed
by the Governor pursuant to any statute to serve as an acting
member of a board or commission. This Section does not apply to
members of the General Assembly.
(b) A member to whom this Section applies and who maintains
or controls a candidate political committee or political action
committee must divest or freeze the funds in his or her
candidate political committee and political action committee
as provided in Section 9-8.7 of the Election Code.
(c) A member to whom this Section applies may not establish
a candidate political committee or political action committee

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for the duration of his or her term on the board or commission.
Section 10. The Election Code is amended by adding Section
9-8.7 as follows:
(10 ILCS 5/9-8.7 new)
Sec. 9-8.7. Divesting or freezing of election funds of
State board and commission members.
(a) This Section applies to an appointed 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 pursuant to any statute to serve as an acting
member of a board or commission.
(b) A member to whom this Section applies and who maintains
or controls a candidate political committee or political action
committee must divest or freeze the funds in his or her
candidate political committee and political action committee.
(c) A member to whom this Section applies may not establish
a candidate political committee or political action committee
for the duration of his or her term on the board or commission.
(d) A member to whom this Section applies must:
(1) divest himself or herself of any funds in the
candidate political committee and political action
committee by (A) a direct return of funds to contributors

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

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the 99th General Assembly must divest or freeze those funds
within 15 days after he or she is confirmed by the Senate or,
if the member holds office by a temporary appointment or as an
acting member, within 15 days after he or she is appointed. A
member to whom this Section applies and who is serving on a
board or commission on the effective date of this amendatory
Act of the 99th General Assembly must divest or freeze those
funds within 60 days after the effective date of this
amendatory Act of the 99th General Assembly.
(e) A member to whom this Section applies and who maintains
or controls a candidate political committee or political action
committee must submit an affidavit to the State Board of
Elections which states that the member maintains or controls
such a committee, the committee has been divested or frozen,
and the member will not establish such a committee for the
duration of his or her term on the board or commission. Each
other member must submit an affidavit to the State Board of
Elections that states that the member does not maintain or
control a candidate political committee or political action
committee and will not establish such a committee for the
duration of his or her term on the board or commission. A
member to whom this Section applies and whose term of office
begins on or after the effective date of this amendatory Act of
the 99th General Assembly must submit an affidavit under this
subsection (e) within 15 days after he or she is confirmed by
the Senate or, if the member holds office by a temporary

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