SB0402 EnrolledLRB100 04971 RJF 14981 b

1    AN ACT concerning government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Administrative Procedure Act is
5amended by changing Section 5-45 as follows:
 
6    (5 ILCS 100/5-45)  (from Ch. 127, par. 1005-45)
7    Sec. 5-45. Emergency rulemaking.
8    (a) "Emergency" means the existence of any situation that
9any agency finds reasonably constitutes a threat to the public
10interest, safety, or welfare.
11    (b) If any agency finds that an emergency exists that
12requires adoption of a rule upon fewer days than is required by
13Section 5-40 and states in writing its reasons for that
14finding, the agency may adopt an emergency rule without prior
15notice or hearing upon filing a notice of emergency rulemaking
16with the Secretary of State under Section 5-70. The notice
17shall include the text of the emergency rule and shall be
18published in the Illinois Register. Consent orders or other
19court orders adopting settlements negotiated by an agency may
20be adopted under this Section. Subject to applicable
21constitutional or statutory provisions, an emergency rule
22becomes effective immediately upon filing under Section 5-65 or
23at a stated date less than 10 days thereafter. The agency's

 

 

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1finding and a statement of the specific reasons for the finding
2shall be filed with the rule. The agency shall take reasonable
3and appropriate measures to make emergency rules known to the
4persons who may be affected by them.
5    (c) An emergency rule may be effective for a period of not
6longer than 150 days, but the agency's authority to adopt an
7identical rule under Section 5-40 is not precluded. No
8emergency rule may be adopted more than once in any 24-month
9period, except that this limitation on the number of emergency
10rules that may be adopted in a 24-month period does not apply
11to (i) emergency rules that make additions to and deletions
12from the Drug Manual under Section 5-5.16 of the Illinois
13Public Aid Code or the generic drug formulary under Section
143.14 of the Illinois Food, Drug and Cosmetic Act, (ii)
15emergency rules adopted by the Pollution Control Board before
16July 1, 1997 to implement portions of the Livestock Management
17Facilities Act, (iii) emergency rules adopted by the Illinois
18Department of Public Health under subsections (a) through (i)
19of Section 2 of the Department of Public Health Act when
20necessary to protect the public's health, (iv) emergency rules
21adopted pursuant to subsection (n) of this Section, (v)
22emergency rules adopted pursuant to subsection (o) of this
23Section, or (vi) emergency rules adopted pursuant to subsection
24(c-5) of this Section. Two or more emergency rules having
25substantially the same purpose and effect shall be deemed to be
26a single rule for purposes of this Section.

 

 

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1    (c-5) To facilitate the maintenance of the program of group
2health benefits provided to annuitants, survivors, and retired
3employees under the State Employees Group Insurance Act of
41971, rules to alter the contributions to be paid by the State,
5annuitants, survivors, retired employees, or any combination
6of those entities, for that program of group health benefits,
7shall be adopted as emergency rules. The adoption of those
8rules shall be considered an emergency and necessary for the
9public interest, safety, and welfare.
10    (d) In order to provide for the expeditious and timely
11implementation of the State's fiscal year 1999 budget,
12emergency rules to implement any provision of Public Act 90-587
13or 90-588 or any other budget initiative for fiscal year 1999
14may be adopted in accordance with this Section by the agency
15charged with administering that provision or initiative,
16except that the 24-month limitation on the adoption of
17emergency rules and the provisions of Sections 5-115 and 5-125
18do not apply to rules adopted under this subsection (d). The
19adoption of emergency rules authorized by this subsection (d)
20shall be deemed to be necessary for the public interest,
21safety, and welfare.
22    (e) In order to provide for the expeditious and timely
23implementation of the State's fiscal year 2000 budget,
24emergency rules to implement any provision of Public Act 91-24
25or any other budget initiative for fiscal year 2000 may be
26adopted in accordance with this Section by the agency charged

 

 

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1with administering that provision or initiative, except that
2the 24-month limitation on the adoption of emergency rules and
3the provisions of Sections 5-115 and 5-125 do not apply to
4rules adopted under this subsection (e). The adoption of
5emergency rules authorized by this subsection (e) shall be
6deemed to be necessary for the public interest, safety, and
7welfare.
8    (f) In order to provide for the expeditious and timely
9implementation of the State's fiscal year 2001 budget,
10emergency rules to implement any provision of Public Act 91-712
11or any other budget initiative for fiscal year 2001 may be
12adopted in accordance with this Section by the agency charged
13with administering that provision or initiative, except that
14the 24-month limitation on the adoption of emergency rules and
15the provisions of Sections 5-115 and 5-125 do not apply to
16rules adopted under this subsection (f). The adoption of
17emergency rules authorized by this subsection (f) shall be
18deemed to be necessary for the public interest, safety, and
19welfare.
20    (g) In order to provide for the expeditious and timely
21implementation of the State's fiscal year 2002 budget,
22emergency rules to implement any provision of Public Act 92-10
23or any other budget initiative for fiscal year 2002 may be
24adopted in accordance with this Section by the agency charged
25with administering that provision or initiative, except that
26the 24-month limitation on the adoption of emergency rules and

 

 

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1the provisions of Sections 5-115 and 5-125 do not apply to
2rules adopted under this subsection (g). The adoption of
3emergency rules authorized by this subsection (g) shall be
4deemed to be necessary for the public interest, safety, and
5welfare.
6    (h) In order to provide for the expeditious and timely
7implementation of the State's fiscal year 2003 budget,
8emergency rules to implement any provision of Public Act 92-597
9or any other budget initiative for fiscal year 2003 may be
10adopted in accordance with this Section by the agency charged
11with administering that provision or initiative, except that
12the 24-month limitation on the adoption of emergency rules and
13the provisions of Sections 5-115 and 5-125 do not apply to
14rules adopted under this subsection (h). The adoption of
15emergency rules authorized by this subsection (h) shall be
16deemed to be necessary for the public interest, safety, and
17welfare.
18    (i) In order to provide for the expeditious and timely
19implementation of the State's fiscal year 2004 budget,
20emergency rules to implement any provision of Public Act 93-20
21or any other budget initiative for fiscal year 2004 may be
22adopted in accordance with this Section by the agency charged
23with administering that provision or initiative, except that
24the 24-month limitation on the adoption of emergency rules and
25the provisions of Sections 5-115 and 5-125 do not apply to
26rules adopted under this subsection (i). The adoption of

 

 

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1emergency rules authorized by this subsection (i) shall be
2deemed to be necessary for the public interest, safety, and
3welfare.
4    (j) In order to provide for the expeditious and timely
5implementation of the provisions of the State's fiscal year
62005 budget as provided under the Fiscal Year 2005 Budget
7Implementation (Human Services) Act, emergency rules to
8implement any provision of the Fiscal Year 2005 Budget
9Implementation (Human Services) Act may be adopted in
10accordance with this Section by the agency charged with
11administering that provision, except that the 24-month
12limitation on the adoption of emergency rules and the
13provisions of Sections 5-115 and 5-125 do not apply to rules
14adopted under this subsection (j). The Department of Public Aid
15may also adopt rules under this subsection (j) necessary to
16administer the Illinois Public Aid Code and the Children's
17Health Insurance Program Act. The adoption of emergency rules
18authorized by this subsection (j) shall be deemed to be
19necessary for the public interest, safety, and welfare.
20    (k) In order to provide for the expeditious and timely
21implementation of the provisions of the State's fiscal year
222006 budget, emergency rules to implement any provision of
23Public Act 94-48 or any other budget initiative for fiscal year
242006 may be adopted in accordance with this Section by the
25agency charged with administering that provision or
26initiative, except that the 24-month limitation on the adoption

 

 

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1of emergency rules and the provisions of Sections 5-115 and
25-125 do not apply to rules adopted under this subsection (k).
3The Department of Healthcare and Family Services may also adopt
4rules under this subsection (k) necessary to administer the
5Illinois Public Aid Code, the Senior Citizens and Persons with
6Disabilities Property Tax Relief Act, the Senior Citizens and
7Disabled Persons Prescription Drug Discount Program Act (now
8the Illinois Prescription Drug Discount Program Act), and the
9Children's Health Insurance Program Act. The adoption of
10emergency rules authorized by this subsection (k) shall be
11deemed to be necessary for the public interest, safety, and
12welfare.
13    (l) In order to provide for the expeditious and timely
14implementation of the provisions of the State's fiscal year
152007 budget, the Department of Healthcare and Family Services
16may adopt emergency rules during fiscal year 2007, including
17rules effective July 1, 2007, in accordance with this
18subsection to the extent necessary to administer the
19Department's responsibilities with respect to amendments to
20the State plans and Illinois waivers approved by the federal
21Centers for Medicare and Medicaid Services necessitated by the
22requirements of Title XIX and Title XXI of the federal Social
23Security Act. The adoption of emergency rules authorized by
24this subsection (l) shall be deemed to be necessary for the
25public interest, safety, and welfare.
26    (m) In order to provide for the expeditious and timely

 

 

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1implementation of the provisions of the State's fiscal year
22008 budget, the Department of Healthcare and Family Services
3may adopt emergency rules during fiscal year 2008, including
4rules effective July 1, 2008, in accordance with this
5subsection to the extent necessary to administer the
6Department's responsibilities with respect to amendments to
7the State plans and Illinois waivers approved by the federal
8Centers for Medicare and Medicaid Services necessitated by the
9requirements of Title XIX and Title XXI of the federal Social
10Security Act. The adoption of emergency rules authorized by
11this subsection (m) shall be deemed to be necessary for the
12public interest, safety, and welfare.
13    (n) In order to provide for the expeditious and timely
14implementation of the provisions of the State's fiscal year
152010 budget, emergency rules to implement any provision of
16Public Act 96-45 or any other budget initiative authorized by
17the 96th General Assembly for fiscal year 2010 may be adopted
18in accordance with this Section by the agency charged with
19administering that provision or initiative. The adoption of
20emergency rules authorized by this subsection (n) shall be
21deemed to be necessary for the public interest, safety, and
22welfare. The rulemaking authority granted in this subsection
23(n) shall apply only to rules promulgated during Fiscal Year
242010.
25    (o) In order to provide for the expeditious and timely
26implementation of the provisions of the State's fiscal year

 

 

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12011 budget, emergency rules to implement any provision of
2Public Act 96-958 or any other budget initiative authorized by
3the 96th General Assembly for fiscal year 2011 may be adopted
4in accordance with this Section by the agency charged with
5administering that provision or initiative. The adoption of
6emergency rules authorized by this subsection (o) is deemed to
7be necessary for the public interest, safety, and welfare. The
8rulemaking authority granted in this subsection (o) applies
9only to rules promulgated on or after July 1, 2010 (the
10effective date of Public Act 96-958) through June 30, 2011.
11    (p) In order to provide for the expeditious and timely
12implementation of the provisions of Public Act 97-689,
13emergency rules to implement any provision of Public Act 97-689
14may be adopted in accordance with this subsection (p) by the
15agency charged with administering that provision or
16initiative. The 150-day limitation of the effective period of
17emergency rules does not apply to rules adopted under this
18subsection (p), and the effective period may continue through
19June 30, 2013. The 24-month limitation on the adoption of
20emergency rules does not apply to rules adopted under this
21subsection (p). The adoption of emergency rules authorized by
22this subsection (p) is deemed to be necessary for the public
23interest, safety, and welfare.
24    (q) In order to provide for the expeditious and timely
25implementation of the provisions of Articles 7, 8, 9, 11, and
2612 of Public Act 98-104, emergency rules to implement any

 

 

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1provision of Articles 7, 8, 9, 11, and 12 of Public Act 98-104
2may be adopted in accordance with this subsection (q) by the
3agency charged with administering that provision or
4initiative. The 24-month limitation on the adoption of
5emergency rules does not apply to rules adopted under this
6subsection (q). The adoption of emergency rules authorized by
7this subsection (q) is deemed to be necessary for the public
8interest, safety, and welfare.
9    (r) In order to provide for the expeditious and timely
10implementation of the provisions of Public Act 98-651,
11emergency rules to implement Public Act 98-651 may be adopted
12in accordance with this subsection (r) by the Department of
13Healthcare and Family Services. The 24-month limitation on the
14adoption of emergency rules does not apply to rules adopted
15under this subsection (r). The adoption of emergency rules
16authorized by this subsection (r) is deemed to be necessary for
17the public interest, safety, and welfare.
18    (s) In order to provide for the expeditious and timely
19implementation of the provisions of Sections 5-5b.1 and 5A-2 of
20the Illinois Public Aid Code, emergency rules to implement any
21provision of Section 5-5b.1 or Section 5A-2 of the Illinois
22Public Aid Code may be adopted in accordance with this
23subsection (s) by the Department of Healthcare and Family
24Services. The rulemaking authority granted in this subsection
25(s) shall apply only to those rules adopted prior to July 1,
262015. Notwithstanding any other provision of this Section, any

 

 

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1emergency rule adopted under this subsection (s) shall only
2apply to payments made for State fiscal year 2015. The adoption
3of emergency rules authorized by this subsection (s) is deemed
4to be necessary for the public interest, safety, and welfare.
5    (t) In order to provide for the expeditious and timely
6implementation of the provisions of Article II of Public Act
799-6, emergency rules to implement the changes made by Article
8II of Public Act 99-6 to the Emergency Telephone System Act may
9be adopted in accordance with this subsection (t) by the
10Department of State Police. The rulemaking authority granted in
11this subsection (t) shall apply only to those rules adopted
12prior to July 1, 2016. The 24-month limitation on the adoption
13of emergency rules does not apply to rules adopted under this
14subsection (t). The adoption of emergency rules authorized by
15this subsection (t) is deemed to be necessary for the public
16interest, safety, and welfare.
17    (u) In order to provide for the expeditious and timely
18implementation of the provisions of the Burn Victims Relief
19Act, emergency rules to implement any provision of the Act may
20be adopted in accordance with this subsection (u) by the
21Department of Insurance. The rulemaking authority granted in
22this subsection (u) shall apply only to those rules adopted
23prior to December 31, 2015. The adoption of emergency rules
24authorized by this subsection (u) is deemed to be necessary for
25the public interest, safety, and welfare.
26    (v) In order to provide for the expeditious and timely

 

 

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1implementation of the provisions of Public Act 99-516,
2emergency rules to implement Public Act 99-516 may be adopted
3in accordance with this subsection (v) by the Department of
4Healthcare and Family Services. The 24-month limitation on the
5adoption of emergency rules does not apply to rules adopted
6under this subsection (v). The adoption of emergency rules
7authorized by this subsection (v) is deemed to be necessary for
8the public interest, safety, and welfare.
9    (w) In order to provide for the expeditious and timely
10implementation of the provisions of Public Act 99-796,
11emergency rules to implement the changes made by Public Act
1299-796 may be adopted in accordance with this subsection (w) by
13the Adjutant General. The adoption of emergency rules
14authorized by this subsection (w) is deemed to be necessary for
15the public interest, safety, and welfare.
16    (x) In order to provide for the expeditious and timely
17implementation of the provisions of Public Act 99-906,
18emergency rules to implement subsection (i) of Section 16-115D,
19subsection (g) of Section 16-128A, and subsection (a) of
20Section 16-128B of the Public Utilities Act may be adopted in
21accordance with this subsection (x) by the Illinois Commerce
22Commission. The rulemaking authority granted in this
23subsection (x) shall apply only to those rules adopted within
24180 days after June 1, 2017 (the effective date of Public Act
2599-906). The adoption of emergency rules authorized by this
26subsection (x) is deemed to be necessary for the public

 

 

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1interest, safety, and welfare.
2    (y) In order to provide for the expeditious and timely
3implementation of the provisions of this amendatory Act of the
4100th General Assembly, emergency rules to implement the
5changes made by this amendatory Act of the 100th General
6Assembly to Section 4.02 of the Illinois Act on Aging, Sections
75.5.4 and 5-5.4i of the Illinois Public Aid Code, Section 55-30
8of the Alcoholism and Other Drug Abuse and Dependency Act, and
9Sections 74 and 75 of the Mental Health and Developmental
10Disabilities Administrative Act may be adopted in accordance
11with this subsection (y) by the respective Department. The
12adoption of emergency rules authorized by this subsection (y)
13is deemed to be necessary for the public interest, safety, and
14welfare.
15    (z) In order to provide for the expeditious and timely
16implementation of the provisions of this amendatory Act of the
17100th General Assembly, emergency rules to implement the
18changes made by this amendatory Act of the 100th General
19Assembly to Section 4.7 of the Lobbyist Registration Act may be
20adopted in accordance with this subsection (z) by the Secretary
21of State. The adoption of emergency rules authorized by this
22subsection (z) is deemed to be necessary for the public
23interest, safety, and welfare.
24(Source: P.A. 99-2, eff. 3-26-15; 99-6, eff. 1-1-16; 99-143,
25eff. 7-27-15; 99-455, eff. 1-1-16; 99-516, eff. 6-30-16;
2699-642, eff. 7-28-16; 99-796, eff. 1-1-17; 99-906, eff. 6-1-17;

 

 

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1100-23, eff. 7-6-17.)
 
2    Section 10. The State Officials and Employees Ethics Act is
3amended by changing Sections 5-5, 20-15, 25-15, 50-5, and 70-5
4and by adding Sections 5-10.5 and 5-65 as follows:
 
5    (5 ILCS 430/5-5)
6    Sec. 5-5. Personnel policies.
7    (a) Each of the following shall adopt and implement
8personnel policies for all State employees under his, her, or
9its jurisdiction and control: (i) each executive branch
10constitutional officer, (ii) each legislative leader, (iii)
11the Senate Operations Commission, with respect to legislative
12employees under Section 4 of the General Assembly Operations
13Act, (iv) the Speaker of the House of Representatives, with
14respect to legislative employees under Section 5 of the General
15Assembly Operations Act, (v) the Joint Committee on Legislative
16Support Services, with respect to State employees of the
17legislative support services agencies, (vi) members of the
18General Assembly, with respect to legislative assistants, as
19provided in Section 4 of the General Assembly Compensation Act,
20(vii) the Auditor General, (viii) the Board of Higher
21Education, with respect to State employees of public
22institutions of higher learning except community colleges, and
23(ix) the Illinois Community College Board, with respect to
24State employees of community colleges. The Governor shall adopt

 

 

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1and implement those policies for all State employees of the
2executive branch not under the jurisdiction and control of any
3other executive branch constitutional officer.
4    (b) The policies required under subsection (a) shall be
5filed with the appropriate ethics commission established under
6this Act or, for the Auditor General, with the Office of the
7Auditor General.
8    (c) The policies required under subsection (a) shall
9include policies relating to work time requirements,
10documentation of time worked, documentation for reimbursement
11for travel on official State business, compensation, and the
12earning or accrual of State benefits for all State employees
13who may be eligible to receive those benefits. No later than 30
14days after the effective date of this amendatory Act of the
15100th General Assembly, the policies shall include, at a
16minimum: (i) a prohibition on sexual harassment; (ii) details
17on how an individual can report an allegation of sexual
18harassment, including options for making a confidential report
19to a supervisor, ethics officer, Inspector General, or the
20Department of Human Rights; (iii) a prohibition on retaliation
21for reporting sexual harassment allegations, including
22availability of whistleblower protections under this Act, the
23Whistleblower Act, and the Illinois Human Rights Act; and (iv)
24the consequences of a violation of the prohibition on sexual
25harassment and the consequences for knowingly making a false
26report. The policies shall comply with and be consistent with

 

 

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1all other applicable laws. The policies shall require State
2employees to periodically submit time sheets documenting the
3time spent each day on official State business to the nearest
4quarter hour; contractual State employees may satisfy the time
5sheets requirement by complying with the terms of their
6contract, which shall provide for a means of compliance with
7this requirement. The policies for State employees shall
8require those time sheets to be submitted on paper,
9electronically, or both and to be maintained in either paper or
10electronic format by the applicable fiscal office for a period
11of at least 2 years.
12    (d) The policies required under subsection (a) shall be
13adopted by the applicable entity before February 1, 2004 and
14shall apply to State employees beginning 30 days after
15adoption.
16(Source: P.A. 93-615, eff. 11-19-03; 93-617, eff. 12-9-03.)
 
17    (5 ILCS 430/5-10.5 new)
18    Sec. 5-10.5. Sexual harassment training.
19    (a) Each officer, member, and employee must complete, at
20least annually beginning in 2018, a sexual harassment training
21program. A person who fills a vacancy in an elective or
22appointed position that requires training under this Section
23must complete his or her initial sexual harassment training
24program within 30 days after commencement of his or her office
25or employment. The training shall include, at a minimum, the

 

 

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1following: (i) the definition, and a description, of sexual
2harassment utilizing examples; (ii) details on how an
3individual can report an allegation of sexual harassment,
4including options for making a confidential report to a
5supervisor, ethics officer, Inspector General, or the
6Department of Human Rights; (iii) the definition, and
7description of, retaliation for reporting sexual harassment
8allegations utilizing examples, including availability of
9whistleblower protections under this Act, the Whistleblower
10Act, and the Illinois Human Rights Act; and (iv) the
11consequences of a violation of the prohibition on sexual
12harassment and the consequences for knowingly making a false
13report. Proof of completion must be submitted to the applicable
14ethics officer. Sexual harassment training programs shall be
15overseen by the appropriate Ethics Commission and Inspector
16General appointed under this Act.
17    (b) Each ultimate jurisdictional authority shall submit to
18the applicable Ethics Commission, at least annually, or more
19frequently as required by that Commission, a report that
20summarizes the sexual harassment training program that was
21completed during the previous year, and lays out the plan for
22the training program in the coming year. The report shall
23include the names of individuals that failed to complete the
24required training program. Each Ethics Commission shall make
25the reports available on its website.
 

 

 

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1    (5 ILCS 430/5-65 new)
2    Sec. 5-65. Prohibition on sexual harassment.
3    (a) All persons have a right to work in an environment free
4from sexual harassment. All persons subject to this Act are
5prohibited from sexually harassing any person, regardless of
6any employment relationship or lack thereof.
7    (b) For purposes of this Act, "sexual harassment" means any
8unwelcome sexual advances or requests for sexual favors or any
9conduct of a sexual nature when: (i) submission to such conduct
10is made either explicitly or implicitly a term or condition of
11an individual's employment; (ii) submission to or rejection of
12such conduct by an individual is used as the basis for
13employment decisions affecting such individual; or (iii) such
14conduct has the purpose or effect of substantially interfering
15with an individual's work performance or creating an
16intimidating, hostile, or offensive working environment. For
17purposes of this definition, the phrase "working environment"
18is not limited to a physical location an employee is assigned
19to perform his or her duties and does not require an employment
20relationship.
 
21    (5 ILCS 430/20-15)
22    Sec. 20-15. Duties of the Executive Ethics Commission. In
23addition to duties otherwise assigned by law, the Executive
24Ethics Commission shall have the following duties:
25        (1) To promulgate rules governing the performance of

 

 

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1    its duties and the exercise of its powers and governing the
2    investigations of the Executive Inspectors General. It is
3    declared to be in the public interest, safety, and welfare
4    that the Commission adopt emergency rules under the
5    Illinois Administrative Procedure Act to initially perform
6    its duties under this subsection.
7        (2) To conduct administrative hearings and rule on
8    matters brought before the Commission only upon the receipt
9    of pleadings filed by an Executive Inspector General, or
10    upon receipt of summaries of reviews submitted by the
11    Inspector General for the Secretary of State under
12    subsection (d-5) of Section 14 of the Secretary of State
13    Act, and not upon its own prerogative, but may appoint
14    special Executive Inspectors General as provided in
15    Section 20-21. Any other allegations of misconduct
16    received by the Commission from a person other than an
17    Executive Inspector General shall be referred to the Office
18    of the appropriate Executive Inspector General.
19        (3) To prepare and publish manuals and guides and,
20    working with the Office of the Attorney General, oversee
21    training of employees under its jurisdiction that explains
22    their duties.
23        (4) To prepare public information materials to
24    facilitate compliance, implementation, and enforcement of
25    this Act.
26        (5) To submit reports as required by this Act.

 

 

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1        (6) To the extent authorized by this Act, to make
2    rulings, issue recommendations, and impose administrative
3    fines, if appropriate, in connection with the
4    implementation and interpretation of this Act. The powers
5    and duties of the Commission are limited to matters clearly
6    within the purview of this Act, and include authority over
7    allegations that an individual required to be registered
8    under the Lobbyist Registration Act has committed an act of
9    sexual harassment, as set forth in any summaries of reviews
10    of such allegations submitted to the Commission by the
11    Inspector General for the Secretary of State.
12        (7) To issue subpoenas with respect to matters pending
13    before the Commission, subject to the provisions of this
14    Article and in the discretion of the Commission, to compel
15    the attendance of witnesses for purposes of testimony and
16    the production of documents and other items for inspection
17    and copying.
18        (8) To appoint special Executive Inspectors General as
19    provided in Section 20-21.
20        (9) To conspicuously display on the Commission's
21    website the procedures for reporting a violation of this
22    Act, including how to report violations via email or
23    online.
24(Source: P.A. 93-617, eff. 12-9-03.)
 
25    (5 ILCS 430/25-15)

 

 

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1    Sec. 25-15. Duties of the Legislative Ethics Commission. In
2addition to duties otherwise assigned by law, the Legislative
3Ethics Commission shall have the following duties:
4        (1) To promulgate rules governing the performance of
5    its duties and the exercise of its powers and governing the
6    investigations of the Legislative Inspector General.
7        (2) To conduct administrative hearings and rule on
8    matters brought before the Commission only upon the receipt
9    of pleadings filed by the Legislative Inspector General and
10    not upon its own prerogative, but may appoint special
11    Legislative Inspectors General as provided in Section
12    25-21. Any other allegations of misconduct received by the
13    Commission from a person other than the Legislative
14    Inspector General shall be referred to the Office of the
15    Legislative Inspector General.
16        (3) To prepare and publish manuals and guides and,
17    working with the Office of the Attorney General, oversee
18    training of employees under its jurisdiction that explains
19    their duties.
20        (4) To prepare public information materials to
21    facilitate compliance, implementation, and enforcement of
22    this Act.
23        (5) To submit reports as required by this Act.
24        (6) To the extent authorized by this Act, to make
25    rulings, issue recommendations, and impose administrative
26    fines, if appropriate, in connection with the

 

 

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1    implementation and interpretation of this Act. The powers
2    and duties of the Commission are limited to matters clearly
3    within the purview of this Act.
4        (7) To issue subpoenas with respect to matters pending
5    before the Commission, subject to the provisions of this
6    Article and in the discretion of the Commission, to compel
7    the attendance of witnesses for purposes of testimony and
8    the production of documents and other items for inspection
9    and copying.
10        (8) To appoint special Legislative Inspectors General
11    as provided in Section 25-21.
12        (9) To conspicuously display on the Commission's
13    website the procedures for reporting a violation of this
14    Act, including how to report violations via email or
15    online.
16(Source: P.A. 93-617, eff. 12-9-03.)
 
17    (5 ILCS 430/50-5)
18    Sec. 50-5. Penalties.
19    (a) A person is guilty of a Class A misdemeanor if that
20person intentionally violates any provision of Section 5-15,
215-30, 5-40, or 5-45 or Article 15.
22    (a-1) An ethics commission may levy an administrative fine
23for a violation of Section 5-45 of this Act of up to 3 times the
24total annual compensation that would have been obtained in
25violation of Section 5-45.

 

 

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1    (b) A person who intentionally violates any provision of
2Section 5-20, 5-35, 5-50, or 5-55 is guilty of a business
3offense subject to a fine of at least $1,001 and up to $5,000.
4    (c) A person who intentionally violates any provision of
5Article 10 is guilty of a business offense and subject to a
6fine of at least $1,001 and up to $5,000.
7    (d) Any person who intentionally makes a false report
8alleging a violation of any provision of this Act to an ethics
9commission, an inspector general, the State Police, a State's
10Attorney, the Attorney General, or any other law enforcement
11official is guilty of a Class A misdemeanor.
12    (e) An ethics commission may levy an administrative fine of
13up to $5,000 against any person who violates this Act, who
14intentionally obstructs or interferes with an investigation
15conducted under this Act by an inspector general, or who
16intentionally makes a false, frivolous, or bad faith
17allegation.
18    (f) In addition to any other penalty that may apply,
19whether criminal or civil, a State employee who intentionally
20violates any provision of Section 5-5, 5-15, 5-20, 5-30, 5-35,
215-45, or 5-50, Article 10, Article 15, or Section 20-90 or
2225-90 is subject to discipline or discharge by the appropriate
23ultimate jurisdictional authority.
24    (g) Any person who violates Section 5-65 is subject to a
25fine of up to $5,000 per offense, and is subject to discipline
26or discharge by the appropriate ultimate jurisdictional

 

 

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1authority. Each violation of Section 5-65 is a separate
2offense. Any penalty imposed by an ethics commission shall be
3separate and distinct from any fines or penalties imposed by a
4court of law or a State or federal agency.
5    (h) Any person who violates Section 4.7 or paragraph (d) of
6Section 5 of the Lobbyist Registration Act is guilty of a
7business offense and shall be subject to a fine of up to
8$5,000. Any penalty imposed by an ethics commission shall be
9separate and distinct from any fines or penalties imposed by a
10court of law or by the Secretary of State under the Lobbyist
11Registration Act.
12(Source: P.A. 96-555, eff. 8-18-09.)
 
13    (5 ILCS 430/70-5)
14    Sec. 70-5. Adoption by governmental entities.
15    (a) Within 6 months after the effective date of this Act,
16each governmental entity other than a community college
17district, and each community college district within 6 months
18after the effective date of this amendatory Act of the 95th
19General Assembly, shall adopt an ordinance or resolution that
20regulates, in a manner no less restrictive than Section 5-15
21and Article 10 of this Act, (i) the political activities of
22officers and employees of the governmental entity and (ii) the
23soliciting and accepting of gifts by and the offering and
24making of gifts to officers and employees of the governmental
25entity. No later than 60 days after the effective date of this

 

 

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1amendatory Act of the 100th General Assembly, each governmental
2unit shall adopt an ordinance or resolution establishing a
3policy to prohibit sexual harassment. The policy shall include,
4at a minimum: (i) a prohibition on sexual harassment; (ii)
5details on how an individual can report an allegation of sexual
6harassment, including options for making a confidential report
7to a supervisor, ethics officer, Inspector General, or the
8Department of Human Rights; (iii) a prohibition on retaliation
9for reporting sexual harassment allegations, including
10availability of whistleblower protections under this Act, the
11Whistleblower Act, and the Illinois Human Rights Act; and (iv)
12the consequences of a violation of the prohibition on sexual
13harassment and the consequences for knowingly making a false
14report.
15    (b) Within 3 months after the effective date of this
16amendatory Act of the 93rd General Assembly, the Attorney
17General shall develop model ordinances and resolutions for the
18purpose of this Article. The Attorney General shall advise
19governmental entities on their contents and adoption.
20    (c) As used in this Article, (i) an "officer" means an
21elected or appointed official; regardless of whether the
22official is compensated, and (ii) an "employee" means a
23full-time, part-time, or contractual employee.
24(Source: P.A. 95-880, eff. 8-19-08.)
 
25    Section 15. The Secretary of State Act is amended by

 

 

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1changing Section 14 as follows:
 
2    (15 ILCS 305/14)
3    Sec. 14. Inspector General.
4    (a) The Secretary of State must, with the advice and
5consent of the Senate, appoint an Inspector General for the
6purpose of detection, deterrence, and prevention of fraud,
7corruption, mismanagement, gross or aggravated misconduct, or
8misconduct that may be criminal in nature in the Office of the
9Secretary of State. The Inspector General shall serve a 5-year
10term. If no successor is appointed and qualified upon the
11expiration of the Inspector General's term, the Office of
12Inspector General is deemed vacant and the powers and duties
13under this Section may be exercised only by an appointed and
14qualified interim Inspector General until a successor
15Inspector General is appointed and qualified. If the General
16Assembly is not in session when a vacancy in the Office of
17Inspector General occurs, the Secretary of State may appoint an
18interim Inspector General whose term shall expire 2 weeks after
19the next regularly scheduled session day of the Senate.
20    (b) The Inspector General shall have the following
21qualifications:
22        (1) has not been convicted of any felony under the laws
23    of this State, another State, or the United States;
24        (2) has earned a baccalaureate degree from an
25    institution of higher education; and

 

 

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1        (3) has either (A) 5 or more years of service with a
2    federal, State, or local law enforcement agency, at least 2
3    years of which have been in a progressive investigatory
4    capacity; (B) 5 or more years of service as a federal,
5    State, or local prosecutor; or (C) 5 or more years of
6    service as a senior manager or executive of a federal,
7    State, or local agency.
8    (c) The Inspector General may review, coordinate, and
9recommend methods and procedures to increase the integrity of
10the Office of the Secretary of State. The duties of the
11Inspector General shall supplement and not supplant the duties
12of the Chief Auditor for the Secretary of State's Office or any
13other Inspector General that may be authorized by law. The
14Inspector General must report directly to the Secretary of
15State.
16    (d) In addition to the authority otherwise provided by this
17Section, but only when investigating the Office of the
18Secretary of State, its employees, or their actions for fraud,
19corruption, mismanagement, gross or aggravated misconduct, or
20misconduct that may be criminal in nature, the Inspector
21General is authorized:
22        (1) To have access to all records, reports, audits,
23    reviews, documents, papers, recommendations, or other
24    materials available that relate to programs and operations
25    with respect to which the Inspector General has
26    responsibilities under this Section.

 

 

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1        (2) To make any investigations and reports relating to
2    the administration of the programs and operations of the
3    Office of the Secretary of State that are, in the judgment
4    of the Inspector General, necessary or desirable.
5        (3) To request any information or assistance that may
6    be necessary for carrying out the duties and
7    responsibilities provided by this Section from any local,
8    State, or federal governmental agency or unit thereof.
9        (4) To require by subpoena the appearance of witnesses
10    and the production of all information, documents, reports,
11    answers, records, accounts, papers, and other data and
12    documentary evidence necessary in the performance of the
13    functions assigned by this Section, with the exception of
14    subsection (c) and with the exception of records of a labor
15    organization authorized and recognized under the Illinois
16    Public Labor Relations Act to be the exclusive bargaining
17    representative of employees of the Secretary of State,
18    including, but not limited to, records of representation of
19    employees and the negotiation of collective bargaining
20    agreements. A subpoena may be issued under this paragraph
21    (4) only by the Inspector General and not by members of the
22    Inspector General's staff. A person duly subpoenaed for
23    testimony, documents, or other items who neglects or
24    refuses to testify or produce documents or other items
25    under the requirements of the subpoena shall be subject to
26    punishment as may be determined by a court of competent

 

 

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1    jurisdiction, unless (i) the testimony, documents, or
2    other items are covered by the attorney-client privilege or
3    any other privilege or right recognized by law or (ii) the
4    testimony, documents, or other items concern the
5    representation of employees and the negotiation of
6    collective bargaining agreements by a labor organization
7    authorized and recognized under the Illinois Public Labor
8    Relations Act to be the exclusive bargaining
9    representative of employees of the Secretary of State.
10    Nothing in this Section limits a person's right to
11    protection against self-incrimination under the Fifth
12    Amendment of the United States Constitution or Article I,
13    Section 10, of the Constitution of the State of Illinois.
14        (5) To have direct and prompt access to the Secretary
15    of State for any purpose pertaining to the performance of
16    functions and responsibilities under this Section.
17    (d-5) In addition to the authority otherwise provided by
18this Section, the Secretary of State Inspector General shall
19have jurisdiction to investigate complaints and allegations of
20wrongdoing by any person or entity related to the Lobbyist
21Registration Act. When investigating those complaints and
22allegations, the Inspector General is authorized:
23        (1) To have access to all records, reports, audits,
24    reviews, documents, papers, recommendations, or other
25    materials available that relate to programs and operations
26    with respect to which the Inspector General has

 

 

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1    responsibilities under this Section.
2        (2) To request any information or assistance that may
3    be necessary for carrying out the duties and
4    responsibilities provided by this Section from any local,
5    State, or federal governmental agency or unit thereof.
6        (3) To require by subpoena the appearance of witnesses
7    and the production of all information, documents, reports,
8    answers, records, accounts, papers, and other data and
9    documentary evidence necessary in the performance of the
10    functions assigned by this Section. A subpoena may be
11    issued under this paragraph (3) only by the Inspector
12    General and not by members of the Inspector General's
13    staff. A person duly subpoenaed for testimony, documents,
14    or other items who neglects or refuses to testify or
15    produce documents or other items under the requirements of
16    the subpoena shall be subject to punishment as may be
17    determined by a court of competent jurisdiction, unless the
18    testimony, documents, or other items are covered by the
19    attorney-client privilege or any other privilege or right
20    recognized by law. Nothing in this Section limits a
21    person's right to protection against self-incrimination
22    under the Fifth Amendment of the United States Constitution
23    or Section 10 of Article I of the Constitution of the State
24    of Illinois.
25        (4) To have direct and prompt access to the Secretary
26    of State for any purpose pertaining to the performance of

 

 

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1    functions and responsibilities under this Section.
2        (5) As provided in subsection (d) of Section 5 of the
3    Lobbyist Registration Act, to review allegations that an
4    individual required to be registered under the Lobbyist
5    Registration Act has engaged in one or more acts of sexual
6    harassment. Upon completion of that review, the Inspector
7    General shall submit a summary of the review to the
8    Executive Ethics Commission. The Secretary shall adopt
9    rules setting forth the procedures for the review of such
10    allegations.
11    (e) The Inspector General may receive and investigate
12complaints or information concerning the possible existence of
13an activity constituting a violation of law, rules, or
14regulations; mismanagement; abuse of authority; or substantial
15and specific danger to the public health and safety. Any person
16who knowingly files a false complaint or files a complaint with
17reckless disregard for the truth or the falsity of the facts
18underlying the complaint may be subject to discipline as set
19forth in the rules of the Department of Personnel of the
20Secretary of State or the Inspector General may refer the
21matter to a State's Attorney or the Attorney General.
22    The Inspector General may not, after receipt of a complaint
23or information, disclose the identity of the source without the
24consent of the source, unless the Inspector General determines
25that disclosure of the identity is reasonable and necessary for
26the furtherance of the investigation.

 

 

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1    Any employee who has the authority to recommend or approve
2any personnel action or to direct others to recommend or
3approve any personnel action may not, with respect to that
4authority, take or threaten to take any action against any
5employee as a reprisal for making a complaint or disclosing
6information to the Inspector General, unless the complaint was
7made or the information disclosed with the knowledge that it
8was false or with willful disregard for its truth or falsity.
9    (f) The Inspector General must adopt rules, in accordance
10with the provisions of the Illinois Administrative Procedure
11Act, establishing minimum requirements for initiating,
12conducting, and completing investigations. The rules must
13establish criteria for determining, based upon the nature of
14the allegation, the appropriate method of investigation, which
15may include, but is not limited to, site visits, telephone
16contacts, personal interviews, or requests for written
17responses. The rules must also clarify how the Office of the
18Inspector General shall interact with other local, State, and
19federal law enforcement investigations.
20    Any employee of the Secretary of State subject to
21investigation or inquiry by the Inspector General or any agent
22or representative of the Inspector General concerning
23misconduct that is criminal in nature shall have the right to
24be notified of the right to remain silent during the
25investigation or inquiry and the right to be represented in the
26investigation or inquiry by an attorney or a representative of

 

 

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1a labor organization that is the exclusive collective
2bargaining representative of employees of the Secretary of
3State. Any investigation or inquiry by the Inspector General or
4any agent or representative of the Inspector General must be
5conducted with an awareness of the provisions of a collective
6bargaining agreement that applies to the employees of the
7Secretary of State and with an awareness of the rights of the
8employees as set forth in State and federal law and applicable
9judicial decisions. Any recommendations for discipline or any
10action taken against any employee by the Inspector General or
11any representative or agent of the Inspector General must
12comply with the provisions of the collective bargaining
13agreement that applies to the employee.
14    (g) On or before January 1 of each year, the Inspector
15General shall report to the President of the Senate, the
16Minority Leader of the Senate, the Speaker of the House of
17Representatives, and the Minority Leader of the House of
18Representatives on the types of investigations and the
19activities undertaken by the Office of the Inspector General
20during the previous calendar year.
21(Source: P.A. 96-555, eff. 1-1-10; 96-1358, eff. 7-28-10.)
 
22    Section 20. The Lobbyist Registration Act is amended by
23changing Sections 5 and 10 and by adding Section 4.7 as
24follows:
 

 

 

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1    (25 ILCS 170/4.7 new)
2    Sec. 4.7. Prohibition on sexual harassment.
3    (a) All persons have the right to work in an environment
4free from sexual harassment. All persons subject to this Act
5shall refrain from sexual harassment of any person.
6    (b) Beginning January 1, 2018, each natural person required
7to register as a lobbyist under this Act must complete, at
8least annually, a sexual harassment training program provided
9by the Secretary of State. A natural person registered under
10this Act must complete the training program no later than 30
11days after registration or renewal under this Act. This
12requirement does not apply to a lobbying entity or a client
13that hires a lobbyist that (i) does not have employees of the
14lobbying entity or client registered as lobbyists, or (ii) does
15not have an actual presence in Illinois.
16    (c) No later than January 1, 2018, each natural person and
17any entity required to register under this Act shall have a
18written sexual harassment policy that shall include, at a
19minimum: (i) a prohibition on sexual harassment; (ii) details
20on how an individual can report an allegation of sexual
21harassment, including options for making a confidential report
22to a supervisor, ethics officer, Inspector General, or the
23Department of Human Rights; (iii) a prohibition on retaliation
24for reporting sexual harassment allegations, including
25availability of whistleblower protections under the State
26Officials and Employee Ethics Act, the Whistleblower Act, and

 

 

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1the Illinois Human Rights Act; and (iv) the consequences of a
2violation of the prohibition on sexual harassment and the
3consequences for knowingly making a false report.
4    (d) For purposes of this Act, "sexual harassment" means any
5unwelcome sexual advances or requests for sexual favors or any
6conduct of a sexual nature when: (i) submission to such conduct
7is made either explicitly or implicitly a term or condition of
8an individual's employment; (ii) submission to or rejection of
9such conduct by an individual is used as the basis for
10employment decisions affecting such individual; or (iii) such
11conduct has the purpose or effect of substantially interfering
12with an individual's work performance or creating an
13intimidating, hostile, or offensive working environment. For
14the purposes of this definition, the phrase "working
15environment" is not limited to a physical location an employee
16is assigned to perform his or her duties and does not require
17an employment relationship.
18    (e) The Secretary of State shall adopt rules for the
19implementation of this Section. In order to provide for the
20expeditious and timely implementation of this Section, the
21Secretary of State shall adopt emergency rules under subsection
22(z) of Section 5-45 of the Illinois Administrative Procedure
23Act for the implementation of this Section no later than 60
24days after the effective date of this amendatory Act of the
25100th General Assembly.
 

 

 

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1    (25 ILCS 170/5)
2    Sec. 5. Lobbyist registration and disclosure. Every
3natural person and every entity required to register under this
4Act shall before any service is performed which requires the
5natural person or entity to register, but in any event not
6later than 2 business days after being employed or retained,
7file in the Office of the Secretary of State a statement in a
8format prescribed by the Secretary of State containing the
9following information with respect to each person or entity
10employing, retaining, or benefitting from the services of the
11natural person or entity required to register:
12        (a) The registrant's name, permanent address, e-mail
13    address, if any, fax number, if any, business telephone
14    number, and temporary address, if the registrant has a
15    temporary address while lobbying.
16        (a-5) If the registrant is an entity, the information
17    required under subsection (a) for each natural person
18    associated with the registrant who will be lobbying,
19    regardless of whether lobbying is a significant part of his
20    or her duties.
21        (b) The name and address of the client or clients
22    employing or retaining the registrant to perform such
23    services or on whose behalf the registrant appears. If the
24    client employing or retaining the registrant is a client
25    registrant, the statement shall also include the name and
26    address of the client or clients of the client registrant

 

 

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1    on whose behalf the registrant will be or anticipates
2    performing services.
3        (c) A brief description of the executive, legislative,
4    or administrative action in reference to which such service
5    is to be rendered.
6        (c-5) Each executive and legislative branch agency the
7    registrant expects to lobby during the registration
8    period.
9        (c-6) The nature of the client's business, by
10    indicating all of the following categories that apply: (1)
11    banking and financial services, (2) manufacturing, (3)
12    education, (4) environment, (5) healthcare, (6) insurance,
13    (7) community interests, (8) labor, (9) public relations or
14    advertising, (10) marketing or sales, (11) hospitality,
15    (12) engineering, (13) information or technology products
16    or services, (14) social services, (15) public utilities,
17    (16) racing or wagering, (17) real estate or construction,
18    (18) telecommunications, (19) trade or professional
19    association, (20) travel or tourism, (21) transportation,
20    (22) agriculture, and (23) other (setting forth the nature
21    of that other business).
22        (d) A confirmation that the registrant has a sexual
23    harassment policy as required by Section 4.7, that such
24    policy shall be made available to any individual within 2
25    business days upon written request (including electronic
26    requests), that any person may contact the authorized agent

 

 

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1    of the registrant to report allegations of sexual
2    harassment, and that the registrant recognizes the
3    Inspector General has jurisdiction to review any
4    allegations of sexual harassment alleged against the
5    registrant or lobbyists hired by the registrant.
6    Every natural person and every entity required to register
7under this Act shall annually submit the registration required
8by this Section on or before each January 31. The registrant
9has a continuing duty to report any substantial change or
10addition to the information contained in the registration.
11    The Secretary of State shall make all filed statements and
12amendments to statements publicly available by means of a
13searchable database that is accessible through the World Wide
14Web. The Secretary of State shall provide all software
15necessary to comply with this provision to all natural persons
16and entities required to file. The Secretary of State shall
17implement a plan to provide computer access and assistance to
18natural persons and entities required to file electronically.
19    All natural persons and entities required to register under
20this Act shall remit a single, annual, and nonrefundable $300
21registration fee. Each natural person required to register
22under this Act shall submit, on an annual basis, a picture of
23the registrant. A registrant may, in lieu of submitting a
24picture on an annual basis, authorize the Secretary of State to
25use any photo identification available in any database
26maintained by the Secretary of State for other purposes. Each

 

 

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1registration fee collected for registrations on or after
2January 1, 2010 shall be deposited into the Lobbyist
3Registration Administration Fund for administration and
4enforcement of this Act.
5(Source: P.A. 98-459, eff. 1-1-14.)
 
6    (25 ILCS 170/10)  (from Ch. 63, par. 180)
7    Sec. 10. Penalties.
8    (a) Any person who violates any of the provisions of this
9Act, except for a violation of Section 4.7 or paragraph (d) of
10Section 5, shall be guilty of a business offense and shall be
11fined not more than $10,000 for each violation. Every day that
12a report or registration is late shall constitute a separate
13violation. In determining the appropriate fine for each
14violation, the trier of fact shall consider the scope of the
15entire lobbying project, the nature of activities conducted
16during the time the person was in violation of this Act, and
17whether or not the violation was intentional or unreasonable.
18    (a-5) A violation of Section 4.7 or paragraph (d) of
19Section 5 shall be considered a violation of the State
20Officials and Employees Ethics Act, subject to the jurisdiction
21of the Executive Ethics Commission and to all penalties under
22Section 50-5 of the State Officials and Employees Ethics Act.
23    (b) In addition to the penalties provided for in
24subsections subsection (a) and (a-5) of this Section, any
25person convicted of any violation of any provision of this Act

 

 

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1is prohibited for a period of three years from the date of such
2conviction from lobbying.
3    (c) There is created in the State treasury a special fund
4to be known as the Lobbyist Registration Administration Fund.
5All fines collected in the enforcement of this Section shall be
6deposited into the Fund. These funds shall, subject to
7appropriation, be used by the Office of the Secretary of State
8for implementation and administration of this Act.
9(Source: P.A. 96-555, eff. 1-1-10.)
 
10    Section 25. The Illinois Human Rights Act is amended by
11adding Section 2-107 as follows:
 
12    (775 ILCS 5/2-107 new)
13    Sec. 2-107. Hotline to Report Sexual Harassment.
14    (a) The Department shall, no later than 3 months after the
15effective date of this amendatory Act of the 100th General
16Assembly, establish and maintain a sexual harassment hotline.
17The Department shall help persons who contact the Department
18through the hotline find necessary resources, including
19counseling services, and assist in the filing of sexual
20harassment complaints with the Department or other applicable
21agencies. The Department may recommend individual seek private
22counsel, but shall not make recommendations for legal
23representation. The hotline shall provide the means through
24which persons may anonymously report sexual harassment in both

 

 

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1private and public places of employment. In the case of a
2report of sexual harassment by a person subject to Article 20
3or 25 of the State Officials and Employees Ethics Act, the
4Department shall, with the permission of the reporting
5individual, report the allegations to the Executive Inspector
6General or Legislative Inspector General for further
7investigation.
8    (b) The Department shall advertise the hotline on its
9website and in materials related to sexual harassment,
10including posters made available to the public, and encourage
11reporting by both those who are subject to sexual harassment
12and those who have witnessed it.
13    (c) All communications received by the Department via the
14hotline or Internet communication shall remain confidential
15and shall be exempt from disclosure under the Freedom of
16Information Act.
17    (d) As used in this Section, "hotline" means a toll-free
18telephone with voicemail capabilities and an Internet website
19through which persons may report instances of sexual
20harassment.
 
21    Section 99. Effective date. This Act takes effect upon
22becoming law.