HB3161 98TH GENERAL ASSEMBLY

LRB098 08427 JDS 38533 b

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.

A BILL FOR

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.

(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 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 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 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.