Illinois General Assembly - Full Text of HB4148
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Full Text of HB4148  100th General Assembly

HB4148 100TH GENERAL ASSEMBLY

  
  

 


 
100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB4148

 

Introduced , by Rep. Jim Durkin

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Contains a statement of legislative findings. Amends the Illinois Human Rights Act and the State Officials and Employees Ethics Act. Provides that the Department of Human Rights shall, no later than 6 months after the effective date of the amendatory Act, establish and maintain a sexual harassment in the workplace hotline with a toll-free telephone with voicemail capabilities and an Internet website through which persons may report instances of sexual harassment. Provides that the Department shall help persons who access the hotline find counseling and protective services, and assist in the filing of sexual harassment complaints through appropriate agencies. Provides that the Department shall advertise the hotline and encourage reporting by both those who are subject to sexual harassment and those who have witnessed it. Provides that the hotline shall provide the means through which persons may anonymously report sexual harassment in both private and public places of employment. Provides that in the case of sexual harassment by a person subject to the Executive Ethics Commission and Executive Inspectors General or the Legislative Ethics Commission and Legislative Inspector General Article of the State Officials and Employees Ethics Act, the Department shall, with the permission of the reporting individual, report the allegations to the Executive Inspector General or Legislative Inspector General for further investigation. Provides that the Executive Inspector General and Legislative Inspector General have the duty to investigate allegations of sexual harassment pertaining to State officials and employees, and to advertise the sexual harassment hotline on the website of the inspector general. Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB4148LRB100 15480 HEP 30537 b

1    AN ACT concerning sexual harassment.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Legislative statement. The General Assembly
5finds and declares the following:
6        (1) As disturbing reports of sexual harassment in State
7    government have come to light, the General Assembly must
8    take steps to end this behavior for all Illinois residents.
9        (2) Many employees in this State do not have a human
10    resources department to help them when sexual harassment
11    occurs in the workplace.
12        (3) A toll-free telephone number and website through
13    which complaints may be filed will provide persons
14    subjected to sexual harassment the tools necessary to
15    safely and proactively report instances of sexual
16    harassment in the workplace.
17        (4) A sexual harassment hotline will give everyone
18    across the State access to resources when they are needed
19    the most. Witnesses of sexual harassment are encouraged to
20    file reports, in order to help bring sexual harassment to
21    light and prevent future incidents.
22        (5) By making it easier and safer for persons to report
23    sexual harassment behavior, the General Assembly seeks to
24    protect persons who report sexual harassment from

 

 

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1    retribution, while empowering them to stand strong against
2    perpetrators.
 
3    Section 5. The State Officials and Employees Ethics Act is
4amended by changing Sections 20-20 and 25-20 as follows:
 
5    (5 ILCS 430/20-20)
6    Sec. 20-20. Duties of the Executive Inspectors General. In
7addition to duties otherwise assigned by law, each Executive
8Inspector General shall have the following duties:
9        (1) To receive and investigate allegations of
10    violations of this Act. An investigation may not be
11    initiated more than one year after the most recent act of
12    the alleged violation or of a series of alleged violations
13    except where there is reasonable cause to believe that
14    fraudulent concealment has occurred. To constitute
15    fraudulent concealment sufficient to toll this limitations
16    period, there must be an affirmative act or representation
17    calculated to prevent discovery of the fact that a
18    violation has occurred. The Executive Inspector General
19    shall have the discretion to determine the appropriate
20    means of investigation as permitted by law.
21        (2) To request information relating to an
22    investigation from any person when the Executive Inspector
23    General deems that information necessary in conducting an
24    investigation.

 

 

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1        (3) To issue subpoenas to compel the attendance of
2    witnesses for the purposes of testimony and production of
3    documents and other items for inspection and copying and to
4    make service of those subpoenas and subpoenas issued under
5    item (7) of Section 20-15.
6        (4) To submit reports as required by this Act.
7        (5) To file pleadings in the name of the Executive
8    Inspector General with the Executive Ethics Commission,
9    through the Attorney General, as provided in this Article
10    if the Attorney General finds that reasonable cause exists
11    to believe that a violation has occurred.
12        (6) To assist and coordinate the ethics officers for
13    State agencies under the jurisdiction of the Executive
14    Inspector General and to work with those ethics officers.
15        (7) To participate in or conduct, when appropriate,
16    multi-jurisdictional investigations.
17        (8) To request, as the Executive Inspector General
18    deems appropriate, from ethics officers of State agencies
19    under his or her jurisdiction, reports or information on
20    (i) the content of a State agency's ethics training program
21    and (ii) the percentage of new officers and employees who
22    have completed ethics training.
23        (9) To review hiring and employment files of each State
24    agency within the Executive Inspector General's
25    jurisdiction to ensure compliance with Rutan v. Republican
26    Party of Illinois, 497 U.S. 62 (1990), and with all

 

 

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1    applicable employment laws.
2        (10) To establish a policy that ensures the appropriate
3    handling and correct recording of all investigations
4    conducted by the Office, and to ensure that the policy is
5    accessible via the Internet in order that those seeking to
6    report those allegations are familiar with the process and
7    that the subjects of those allegations are treated fairly.
8        (11) To advertise on its website the sexual harassment
9    hotline created under Section 2-107 of the Illinois Human
10    Rights Act.
11        (12) To investigate allegations of sexual harassment
12    referred to the Executive Inspector General by the
13    Department of Human Rights under Section 2-107 of the
14    Illinois Human Rights Act.
15(Source: P.A. 96-555, eff. 8-18-09.)
 
16    (5 ILCS 430/25-20)
17    Sec. 25-20. Duties of the Legislative Inspector General. In
18addition to duties otherwise assigned by law, the Legislative
19Inspector General shall have the following duties:
20        (1) To receive and investigate allegations of
21    violations of this Act. An investigation may not be
22    initiated more than one year after the most recent act of
23    the alleged violation or of a series of alleged violations
24    except where there is reasonable cause to believe that
25    fraudulent concealment has occurred. To constitute

 

 

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1    fraudulent concealment sufficient to toll this limitations
2    period, there must be an affirmative act or representation
3    calculated to prevent discovery of the fact that a
4    violation has occurred. The Legislative Inspector General
5    shall have the discretion to determine the appropriate
6    means of investigation as permitted by law.
7        (2) To request information relating to an
8    investigation from any person when the Legislative
9    Inspector General deems that information necessary in
10    conducting an investigation.
11        (3) To issue subpoenas, with the advance approval of
12    the Commission, to compel the attendance of witnesses for
13    the purposes of testimony and production of documents and
14    other items for inspection and copying and to make service
15    of those subpoenas and subpoenas issued under item (7) of
16    Section 25-15.
17        (4) To submit reports as required by this Act.
18        (5) To file pleadings in the name of the Legislative
19    Inspector General with the Legislative Ethics Commission,
20    through the Attorney General, as provided in this Article
21    if the Attorney General finds that reasonable cause exists
22    to believe that a violation has occurred.
23        (6) To assist and coordinate the ethics officers for
24    State agencies under the jurisdiction of the Legislative
25    Inspector General and to work with those ethics officers.
26        (7) To participate in or conduct, when appropriate,

 

 

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1    multi-jurisdictional investigations.
2        (8) To request, as the Legislative Inspector General
3    deems appropriate, from ethics officers of State agencies
4    under his or her jurisdiction, reports or information on
5    (i) the content of a State agency's ethics training program
6    and (ii) the percentage of new officers and employees who
7    have completed ethics training.
8        (9) To establish a policy that ensures the appropriate
9    handling and correct recording of all investigations of
10    allegations and to ensure that the policy is accessible via
11    the Internet in order that those seeking to report those
12    allegations are familiar with the process and that the
13    subjects of those allegations are treated fairly.
14        (10) To advertise on its website the sexual harassment
15    hotline created under Section 2-107 of the Illinois Human
16    Rights Act.
17        (11) To investigate allegations of sexual harassment
18    referred to the Legislative Inspector General by the
19    Department of Human Rights under Section 2-107 of the
20    Illinois Human Rights Act.
21(Source: P.A. 96-555, eff. 8-18-09.)
 
22    Section 10. The Illinois Human Rights Act is amended by
23adding Section 2-107 as follows:
 
24    (775 ILCS 5/2-107 new)

 

 

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1    Sec. 2-107. Sexual harassment in the workplace hotline.
2    (a) The Department shall, no later than 6 months after the
3effective date of this amendatory Act of the 100th General
4Assembly, establish and maintain a sexual harassment in the
5workplace hotline. The Department shall help persons who access
6the hotline find counseling and protective services and assist
7in the filing of sexual harassment complaints through
8appropriate agencies. The Department shall advertise the
9hotline and encourage reporting by both those who are subject
10to sexual harassment and those who have witnessed it.
11    As used in this Section, "hotline" means a toll-free
12telephone with voicemail capabilities and Internet website
13through which persons may report instances of sexual
14harassment.
15    (b) The hotline shall provide the means through which
16persons may anonymously report sexual harassment in both
17private and public places of employment. In the case of a
18report of sexual harassment by a person subject to Article 20
19or 25 of the State Officials and Employees Ethics Act, the
20Department shall, with the permission of the reporting
21individual, report the allegations to the Executive Inspector
22General or Legislative Inspector General for further
23investigation.
 
24    Section 99. Effective date. This Act takes effect upon
25becoming law.

 

 

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1 INDEX
2 Statutes amended in order of appearance
3    5 ILCS 430/20-20
4    5 ILCS 430/25-20
5    775 ILCS 5/2-107 new