Sen. Andy Manar
Filed: 4/24/2017
 
 

 

 

 
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1
AMENDMENT TO SENATE BILL 942




2    AMENDMENT NO. ______. Amend Senate Bill 942 by replacing 
3everything after the enacting clause with the following:

 
 
4    "Section 5. The Illinois Governmental Ethics Act is amended  
5by adding Sections 1-103.5 and 3A-50 as follows:
 
6    (5 ILCS 420/1-103.5 new)
7    Sec. 1-103.5. "Affected appointee" means the following:
8    (a)    any director, secretary, assistant director, assistant 
9secretary, deputy director, or deputy secretary of any agency 
10or department of State government created by statute, who is 
11appointed by the Governor and whose appointment requires the 
12advice and consent of the Senate; or
13    (b)   any director, secretary, assistant director, assistant 
14secretary, deputy director, or deputy secretary of any agency 
15or department of State government created by Executive Order of 
16the Governor, who is appointed by the Governor  and whose 
 
 
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1appointment requires the advice and consent of the Senate.
 
2    (5 ILCS 420/3A-50 new)
3    Sec. 3A-50. Executive branch political activity.
4    (a)   No affected appointee, as defined in Section 1-103.5 of 
5this Act,                  may use his or her official authority or influence 
6for the      purpose of interfering with or affecting the result of 
7an election.
8    (b) No affected appointee may endorse or oppose a candidate 
9for State office in a partisan election or a candidate for 
10party committee office in a political advertisement, 
11broadcast, or campaign; political literature; or similar 
12material. 
13    (c)   A person who intentionally violates any provision of 
14subsections (a) or (b) is guilty of a business offense and 
15subject to a fine of at least $1,001, but no more than $5,000. 
16The Executive Ethics Commission may levy an administrative fine 
17of no more than $5,000 against any person who: (1) violates any 
18provision of subsections (a) or (b); (2) intentionally 
19obstructs or interferes with an investigation conducted under 
20this Section; or (3) intentionally makes a false, frivolous, or 
21bad faith allegation. In addition to any other penalty that may 
22apply, an affected appointee who intentionally violates any 
23provision of subsections (a) or (b) is subject to discipline or 
24discharge by the Governor.
25    (d)   Subject to the provisions of subsections (a) or (b) of 
 
 
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1this Section, nothing in this Section prevents an affected 
2appointee from taking an active part in political management or 
3in political campaigns, or prevents an affected appointee from 
4exercising the right to vote as he or she chooses and to 
5express his or her opinion on political subjects and 
6candidates.".