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 
14subsection (a) is guilty of a business offense and subject to a 
15fine of at least $1,001, but no more than $5,000. The Executive 
16Ethics Commission may levy an administrative fine of no more 
17than $5,000 against any person who: (1) violates any provision 
18of subsection (a); (2) intentionally obstructs or interferes 
19with an investigation conducted under this Section; or (3) 
20intentionally makes a false, frivolous, or bad faith 
21allegation. In addition to any other penalty that may apply, an 
22affected appointee who intentionally violates any provision of 
23subsection (a) is subject to discipline or discharge by the 
24Governor.
25    (d)   Subject to the provisions of subsection (a) of this 
 
 
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1Section, nothing in this Section prevents an affected appointee 
2from taking an active part in political management or in 
3political 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.".