SB0942sam001 100TH GENERAL ASSEMBLY

Sen. Andy Manar

Filed: 4/24/2017

10000SB0942sam001 LRB100 09748 MLM 25429 a

AMENDMENT TO SENATE BILL 942

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

"Section 5. The Illinois Governmental Ethics Act is amended by adding Sections 1-103.5 and 3A-50 as follows:

(5 ILCS 420/1-103.5 new)

Sec. 1-103.5. "Affected appointee" means the following:

(a) any director, secretary, assistant director, assistant secretary, deputy director, or deputy secretary of any agency or department of State government created by statute, who is appointed by the Governor and whose appointment requires the advice and consent of the Senate; or

(b) any director, secretary, assistant director, assistant secretary, deputy director, or deputy secretary of any agency or department of State government created by Executive Order of the Governor, who is appointed by the Governor and whose appointment requires the advice and consent of the Senate.

(5 ILCS 420/3A-50 new)

Sec. 3A-50. Executive branch political activity.

(a) No affected appointee, as defined in Section 1-103.5 of this Act, may use his or her official authority or influence for the purpose of interfering with or affecting the result of an election.

(b) No affected appointee may endorse or oppose a candidate for State office in a partisan election or a candidate for party committee office in a political advertisement, broadcast, or campaign; political literature; or similar material.

(c) A person who intentionally violates any provision of subsection (a) is guilty of a business offense and subject to a fine of at least $1,001, but no more than $5,000. The Executive Ethics Commission may levy an administrative fine of no more than $5,000 against any person who: (1) violates any provision of subsection (a); (2) intentionally obstructs or interferes with an investigation conducted under this Section; or (3) intentionally makes a false, frivolous, or bad faith allegation. In addition to any other penalty that may apply, an affected appointee who intentionally violates any provision of subsection (a) is subject to discipline or discharge by the Governor.

(d) Subject to the provisions of subsection (a) of this Section, nothing in this Section prevents an affected appointee from taking an active part in political management or in political campaigns, or prevents an affected appointee from exercising the right to vote as he or she chooses and to express his or her opinion on political subjects and candidates.".