HB1717ham002 97TH GENERAL ASSEMBLY

Rep. Jack D. Franks

Filed: 4/12/2011

09700HB1717ham002 LRB097 08733 HLH 54463 a

AMENDMENT TO HOUSE BILL 1717

AMENDMENT NO. ______. Amend House Bill 1717 by replacing everything after the enacting clause with the following:

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 campaign funds controlled by State board and commission members.

(a) For the purposes of this Section:

"Board or commission" means any board, commission, authority, or task force authorized or created by the Illinois Constitution, State law, or executive order of the Governor.

"Member" means any person appointed to a board or commission.

(b) A member who maintains or controls a candidate political committee must divest or freeze the funds in his or her candidate political committee.

(c) A member may not establish a candidate political committee for the duration of his or her term on a board or commission.

(d) A member must:

(1) divest himself or herself of any funds in the candidate political committee by (A) a direct return of funds to contributors 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 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 State Board of Elections by rule.

A member whose term of office begins on or after the effective date of this amendatory Act of the 97th General Assembly must divest or freeze those funds within 15 days after the appointment is final. A member who is serving on a board or commission on the effective date of this amendatory Act of the 97th General Assembly must divest or freeze those funds within 60 days after the effective date of this amendatory Act of the 97th General Assembly.

(e) A member who maintains or controls a candidate political committee must submit an affidavit to the State Board of Elections that states that the member maintains or controls a candidate political committee, that the candidate political committee has been divested or frozen, and that the member will not establish a candidate political 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 and will not establish such a committee for the duration of his or her term on the board or commission. A member whose term of office begins on or after the effective date of this amendatory Act of the 97th General Assembly must submit an affidavit under this subsection (e) within 15 days after the appointment is final. A member who is serving on a board or commission on the effective date of this amendatory Act of the 97th General Assembly must submit an affidavit under this subsection (e) within 60 days after the effective date of this amendatory Act of the 97th 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 account. Forfeited funds shall be deposited into the General Revenue Fund. A member who establishes a candidate political committee during his or her term on a 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 from seeking elected office or establishing or maintaining a candidate political committee.

Section 99. Effective date. This Act takes effect upon becoming law.".