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Full Text of SB0402  100th General Assembly


Rep. Michael J. Madigan

Filed: 10/26/2017





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2    AMENDMENT NO. ______. Amend Senate Bill 402, AS AMENDED, by
3replacing everything after the enacting clause with the
5    "Section 5. The State Officials and Employees Ethics Act is
6amended by changing Sections 5-5 and 70-5 and by adding Section
75-65 as follows:
8    (5 ILCS 430/5-5)
9    Sec. 5-5. Personnel policies.
10    (a) Each of the following shall adopt and implement
11personnel policies for all State employees under his, her, or
12its jurisdiction and control: (i) each executive branch
13constitutional officer, (ii) each legislative leader, (iii)
14the Senate Operations Commission, with respect to legislative
15employees under Section 4 of the General Assembly Operations
16Act, (iv) the Speaker of the House of Representatives, with



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1respect to legislative employees under Section 5 of the General
2Assembly Operations Act, (v) the Joint Committee on Legislative
3Support Services, with respect to State employees of the
4legislative support services agencies, (vi) members of the
5General Assembly, with respect to legislative assistants, as
6provided in Section 4 of the General Assembly Compensation Act,
7(vii) the Auditor General, (viii) the Board of Higher
8Education, with respect to State employees of public
9institutions of higher learning except community colleges, and
10(ix) the Illinois Community College Board, with respect to
11State employees of community colleges. The Governor shall adopt
12and implement those policies for all State employees of the
13executive branch not under the jurisdiction and control of any
14other executive branch constitutional officer.
15    (b) The policies required under subsection (a) shall be
16filed with the appropriate ethics commission established under
17this Act or, for the Auditor General, with the Office of the
18Auditor General.
19    (c) The policies required under subsection (a) shall
20include policies relating to work time requirements,
21documentation of time worked, documentation for reimbursement
22for travel on official State business, compensation, and the
23earning or accrual of State benefits for all State employees
24who may be eligible to receive those benefits. No later than 30
25days after the effective date of this Amendatory Act of the
26100th General Assembly, the policies shall include a



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1prohibition of sexual harassment, including how an individual
2can report allegations of sexual harassment and disciplinary
3action for violation of the policy. The policies shall comply
4with and be consistent with all other applicable laws. The
5policies shall require State employees to periodically submit
6time sheets documenting the time spent each day on official
7State business to the nearest quarter hour; contractual State
8employees may satisfy the time sheets requirement by complying
9with the terms of their contract, which shall provide for a
10means of compliance with this requirement. The policies for
11State employees shall require those time sheets to be submitted
12on paper, electronically, or both and to be maintained in
13either paper or electronic format by the applicable fiscal
14office for a period of at least 2 years.
15    (d) The policies required under subsection (a) shall be
16adopted by the applicable entity before February 1, 2004 and
17shall apply to State employees beginning 30 days after
19(Source: P.A. 93-615, eff. 11-19-03; 93-617, eff. 12-9-03.)
20    (5 ILCS 430/5-65 new)
21    Sec. 5-65. Prohibition on sexual harassment.
22    (a) All persons have a right to work in an environment free
23from sexual harassment. All persons subject to this Act shall
24refrain from sexual harassment of any person. For purposes of
25this Section, "sexual harassment" has the meaning provided in



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1the Illinois Human Rights Act.
2    (b) Beginning January 1, 2018, each officer, member, and
3employee must annually complete an in person sexual harassment
4training program conducted or approved by the appropriate
5jurisdictional authority or his or her designee. The training
6shall include a description of sexual harassment, utilizing
7examples. Proof of completion must be submitted to the
8applicable ethics officer.
9    (c) No later than 30 days after the effective date of this
10Amendatory Act of the 100th General Assembly, each ultimate
11jurisdictional authority shall submit to the appropriate
12Ethics Commission a report detailing plans for compliance with
13this Section for the coming year. No later than August 1, 2018,
14and each August 1 thereafter, each ultimate jurisdictional
15authority shall submit to the appropriate Ethics Commission an
16annual report that describes training programs completed
17during the previous year, the names of individuals that failed
18to complete the required training program, and the plan for
19compliance for the coming year. Each Ethics Commission shall
20make the reports available on its website.
21    (5 ILCS 430/70-5)
22    Sec. 70-5. Adoption by governmental entities.
23    (a) Within 6 months after the effective date of this Act,
24each governmental entity other than a community college
25district, and each community college district within 6 months



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1after the effective date of this amendatory Act of the 95th
2General Assembly, shall adopt an ordinance or resolution that
3regulates, in a manner no less restrictive than Section 5-15
4and Article 10 of this Act, (i) the political activities of
5officers and employees of the governmental entity and (ii) the
6soliciting and accepting of gifts by and the offering and
7making of gifts to officers and employees of the governmental
8entity. No later than 60 days after the effective date of this
9Amendatory Act of the 100th General Assembly, each governmental
10entity shall adopt an ordinance or resolution establishing a
11policy to prohibit sexual harassment, including how an
12individual can report allegations of sexual harassment and
13disciplinary action for violation of the policy. For purposes
14of this Section, "sexual harassment" has the meaning provided
15in the Illinois Human Rights Act.
16    (b) Within 3 months after the effective date of this
17amendatory Act of the 93rd General Assembly, the Attorney
18General shall develop model ordinances and resolutions for the
19purpose of this Article. The Attorney General shall advise
20governmental entities on their contents and adoption.
21    (c) As used in this Article, (i) an "officer" means an
22elected or appointed official; regardless of whether the
23official is compensated, and (ii) an "employee" means a
24full-time, part-time, or contractual employee.
25(Source: P.A. 95-880, eff. 8-19-08.)



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1    Section 10. The Lobbyist Registration Act is amended by
2changing Section 5 and by adding Section 4.7 as follows:
3    (25 ILCS 170/4.7 new)
4    Sec. 4.7. Prohibition on sexual harassment.
5    (a) All persons have a right to work in an environment free
6from sexual harassment. All persons subject to this Act shall
7refrain from sexual harassment of any person.
8    (b) Beginning January 1, 2018, each natural person required
9to register as a lobbyist under this Act must complete, at
10least annually, a sexual harassment training program provided
11or approved by the Secretary of State. A natural person
12registered under this Act must complete the training program no
13later than 30 days after registration or renewal under this
14Act. This requirement does not apply to a lobbying entity or a
15client that hires a lobbyist that (i) does not have employees
16of the lobbying entity or client registered as lobbyists, or
17(ii) does not have an actual presence in Illinois.
18    (c) No later than January 1, 2018, each natural person and
19any entity required to register under this Act shall have a
20written sexual harassment policy that shall include, at a
21minimum, the following information: (i) the illegality of
22sexual harassment; (ii) the definition of sexual harassment;
23(iii) a description of sexual harassment, utilizing examples;
24(iv) the person or entity's internal process for receiving
25complaints and the process of reviewing such complaints,



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1including any penalties or discipline for violations by
2employees, contractors, or lobbyists; and (v) protection
3against retaliation. A copy of the policy shall be provided to
4the Secretary of State upon request of the Secretary or his or
5her designee.
6    (d) For purposes of this Section, "sexual harassment" has
7the meaning provided in the Illinois Human Rights Act.
8    (e) The Secretary of State shall adopt rules for the
9implementation of this Section.
10    (25 ILCS 170/5)
11    Sec. 5. Lobbyist registration and disclosure. Every
12natural person and every entity required to register under this
13Act shall before any service is performed which requires the
14natural person or entity to register, but in any event not
15later than 2 business days after being employed or retained,
16file in the Office of the Secretary of State a statement in a
17format prescribed by the Secretary of State containing the
18following information with respect to each person or entity
19employing, retaining, or benefitting from the services of the
20natural person or entity required to register:
21        (a) The registrant's name, permanent address, e-mail
22    address, if any, fax number, if any, business telephone
23    number, and temporary address, if the registrant has a
24    temporary address while lobbying.
25        (a-5) If the registrant is an entity, the information



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1    required under subsection (a) for each natural person
2    associated with the registrant who will be lobbying,
3    regardless of whether lobbying is a significant part of his
4    or her duties.
5        (b) The name and address of the client or clients
6    employing or retaining the registrant to perform such
7    services or on whose behalf the registrant appears. If the
8    client employing or retaining the registrant is a client
9    registrant, the statement shall also include the name and
10    address of the client or clients of the client registrant
11    on whose behalf the registrant will be or anticipates
12    performing services.
13        (c) A brief description of the executive, legislative,
14    or administrative action in reference to which such service
15    is to be rendered.
16        (c-5) Each executive and legislative branch agency the
17    registrant expects to lobby during the registration
18    period.
19        (c-6) The nature of the client's business, by
20    indicating all of the following categories that apply: (1)
21    banking and financial services, (2) manufacturing, (3)
22    education, (4) environment, (5) healthcare, (6) insurance,
23    (7) community interests, (8) labor, (9) public relations or
24    advertising, (10) marketing or sales, (11) hospitality,
25    (12) engineering, (13) information or technology products
26    or services, (14) social services, (15) public utilities,



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1    (16) racing or wagering, (17) real estate or construction,
2    (18) telecommunications, (19) trade or professional
3    association, (20) travel or tourism, (21) transportation,
4    (22) agriculture, and (23) other (setting forth the nature
5    of that other business).
6        (c-7) A confirmation that the registrant has a sexual
7    harassment policy as required by Section 4.7 of this Act,
8    that such policy shall be made available to any individual
9    within 2 business days upon written request (including
10    electronic requests), that any person may contact the
11    authorized agent of the registrant to report allegations of
12    sexual harassment, and that the registrant recognizes the
13    Inspector General has jurisdiction to review any
14    allegations of sexual harassment alleged against the
15    registrant or lobbyists hired by the registrant.
16    Every natural person and every entity required to register
17under this Act shall annually submit the registration required
18by this Section on or before each January 31. The registrant
19has a continuing duty to report any substantial change or
20addition to the information contained in the registration.
21    The Secretary of State shall make all filed statements and
22amendments to statements publicly available by means of a
23searchable database that is accessible through the World Wide
24Web. The Secretary of State shall provide all software
25necessary to comply with this provision to all natural persons
26and entities required to file. The Secretary of State shall



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1implement a plan to provide computer access and assistance to
2natural persons and entities required to file electronically.
3    All natural persons and entities required to register under
4this Act shall remit a single, annual, and nonrefundable $300
5registration fee. Each natural person required to register
6under this Act shall submit, on an annual basis, a picture of
7the registrant. A registrant may, in lieu of submitting a
8picture on an annual basis, authorize the Secretary of State to
9use any photo identification available in any database
10maintained by the Secretary of State for other purposes. Each
11registration fee collected for registrations on or after
12January 1, 2010 shall be deposited into the Lobbyist
13Registration Administration Fund for administration and
14enforcement of this Act.
15(Source: P.A. 98-459, eff. 1-1-14.)
16    Section 99. Effective date. This Act takes effect upon
17becoming law.".