Rep. Michael J. Madigan

Filed: 11/3/2017

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 402

2    AMENDMENT NO. ______. Amend Senate Bill 402, AS AMENDED, by
3replacing everything after the enacting clause with the
4following:
 
5    "Section 5. The State Officials and Employees Ethics Act is
6amended by changing Sections 5-5, 20-15, 25-15, 50-5, and 70-5
7and by adding Sections 5-10.5 and 5-65 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
18adoption.
19(Source: P.A. 93-615, eff. 11-19-03; 93-617, eff. 12-9-03.)
 
20    (5 ILCS 430/5-10.5 new)
21    Sec. 5-10.5. Sexual harassment training.
22    (a) Each officer, member, and employee must complete, at
23least annually beginning in 2018, a sexual harassment training
24program. A person who fills a vacancy in an elective or
25appointed position that requires training under this Section

 

 

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1must complete his or her initial sexual harassment training
2program within 30 days after commencement of his or her office
3or employment. The training shall include, at a minimum, the
4following: (i) the definition, and a description, of sexual
5harassment utilizing examples; (ii) information on reporting
6allegations of sexual harassment, including options for making
7a confidential report to an ethics officer, Inspector General,
8or other entity; and (iii) the consequences of a violation of
9the prohibition on sexual harassment and the consequences for
10knowingly making a false report. Proof of completion must be
11submitted to the applicable ethics officer. Sexual harassment
12training programs shall be overseen by the appropriate Ethics
13Commission and Inspector General appointed pursuant to this
14Act.
15    (b) Each ultimate jurisdictional authority shall submit to
16the applicable Ethics Commission, at least annually, or more
17frequently as required by that Commission, a report that
18summarizes the sexual harassment training program that was
19completed during the previous year, and lays out the plan for
20the training program in the coming year. The report shall
21include the names of individuals that failed to complete the
22required training program. Each Ethics Commission shall make
23the reports available on its website.
 
24    (5 ILCS 430/5-65 new)
25    Sec. 5-65. Prohibition on sexual harassment.

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1    within the purview of this Act.
2        (7) To issue subpoenas with respect to matters pending
3    before the Commission, subject to the provisions of this
4    Article and in the discretion of the Commission, to compel
5    the attendance of witnesses for purposes of testimony and
6    the production of documents and other items for inspection
7    and copying.
8        (8) To appoint special Legislative Inspectors General
9    as provided in Section 25-21.
10        (9) To conspicuously display on the Commission's
11    website the procedures for reporting a violation of this
12    Act, including how to report violations via email or
13    online.
14(Source: P.A. 93-617, eff. 12-9-03.)
 
15    (5 ILCS 430/50-5)
16    Sec. 50-5. Penalties.
17    (a) A person is guilty of a Class A misdemeanor if that
18person intentionally violates any provision of Section 5-15,
195-30, 5-40, or 5-45 or Article 15.
20    (a-1) An ethics commission may levy an administrative fine
21for a violation of Section 5-45 of this Act of up to 3 times the
22total annual compensation that would have been obtained in
23violation of Section 5-45.
24    (b) A person who intentionally violates any provision of
25Section 5-20, 5-35, 5-50, or 5-55 is guilty of a business

 

 

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1offense subject to a fine of at least $1,001 and up to $5,000.
2    (c) A person who intentionally violates any provision of
3Article 10 is guilty of a business offense and subject to a
4fine of at least $1,001 and up to $5,000.
5    (d) Any person who intentionally makes a false report
6alleging a violation of any provision of this Act to an ethics
7commission, an inspector general, the State Police, a State's
8Attorney, the Attorney General, or any other law enforcement
9official is guilty of a Class A misdemeanor.
10    (e) An ethics commission may levy an administrative fine of
11up to $5,000 against any person who violates this Act, who
12intentionally obstructs or interferes with an investigation
13conducted under this Act by an inspector general, or who
14intentionally makes a false, frivolous, or bad faith
15allegation.
16    (f) In addition to any other penalty that may apply,
17whether criminal or civil, a State employee who intentionally
18violates any provision of Section 5-5, 5-15, 5-20, 5-30, 5-35,
195-45, or 5-50, Article 10, Article 15, or Section 20-90 or
2025-90 is subject to discipline or discharge by the appropriate
21ultimate jurisdictional authority.
22    (g) Any person who violates Section 5-65 is subject to a
23fine of up to $5,000 per offense, and is subject to discipline
24or discharge by the appropriate ultimate jurisdictional
25authority. Each violation of Section 5-65 is a separate
26offense. Any penalty imposed by an ethics commission shall be

 

 

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1separate and distinct from any fines or penalties imposed by a
2court of law or a State or federal agency.
3    (h) Any person who violates Section 4.7 or paragraph (d) of
4Section 5 of the Lobbyist Registration Act is guilty of a
5business offense and shall be subject to a fine of up to
6$5,000. Any penalty imposed by an ethics commission shall be
7separate and distinct from any fines or penalties imposed by a
8court of law or by the Secretary of State pursuant to the
9Lobbyist Registration Act.
10(Source: P.A. 96-555, eff. 8-18-09.)
 
11    (5 ILCS 430/70-5)
12    Sec. 70-5. Adoption by governmental entities.
13    (a) Within 6 months after the effective date of this Act,
14each governmental entity other than a community college
15district, and each community college district within 6 months
16after the effective date of this amendatory Act of the 95th
17General Assembly, shall adopt an ordinance or resolution that
18regulates, in a manner no less restrictive than Section 5-15
19and Article 10 of this Act, (i) the political activities of
20officers and employees of the governmental entity and (ii) the
21soliciting and accepting of gifts by and the offering and
22making of gifts to officers and employees of the governmental
23entity. No later than 60 days after the effective date of this
24amendatory Act of the 100th General Assembly, each governmental
25entity shall adopt an ordinance or resolution establishing a

 

 

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1policy to prohibit sexual harassment, including how an
2individual can report allegations of sexual harassment and
3disciplinary action for violation of the policy.
4    (b) Within 3 months after the effective date of this
5amendatory Act of the 93rd General Assembly, the Attorney
6General shall develop model ordinances and resolutions for the
7purpose of this Article. The Attorney General shall advise
8governmental entities on their contents and adoption.
9    (c) As used in this Article, (i) an "officer" means an
10elected or appointed official; regardless of whether the
11official is compensated, and (ii) an "employee" means a
12full-time, part-time, or contractual employee.
13(Source: P.A. 95-880, eff. 8-19-08.)
 
14    Section 10. The Secretary of State Act is amended by
15changing Section 14 as follows:
 
16    (15 ILCS 305/14)
17    Sec. 14. Inspector General.
18    (a) The Secretary of State must, with the advice and
19consent of the Senate, appoint an Inspector General for the
20purpose of detection, deterrence, and prevention of fraud,
21corruption, mismanagement, gross or aggravated misconduct, or
22misconduct that may be criminal in nature in the Office of the
23Secretary of State. The Inspector General shall serve a 5-year
24term. If no successor is appointed and qualified upon the

 

 

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1expiration of the Inspector General's term, the Office of
2Inspector General is deemed vacant and the powers and duties
3under this Section may be exercised only by an appointed and
4qualified interim Inspector General until a successor
5Inspector General is appointed and qualified. If the General
6Assembly is not in session when a vacancy in the Office of
7Inspector General occurs, the Secretary of State may appoint an
8interim Inspector General whose term shall expire 2 weeks after
9the next regularly scheduled session day of the Senate.
10    (b) The Inspector General shall have the following
11qualifications:
12        (1) has not been convicted of any felony under the laws
13    of this State, another State, or the United States;
14        (2) has earned a baccalaureate degree from an
15    institution of higher education; and
16        (3) has either (A) 5 or more years of service with a
17    federal, State, or local law enforcement agency, at least 2
18    years of which have been in a progressive investigatory
19    capacity; (B) 5 or more years of service as a federal,
20    State, or local prosecutor; or (C) 5 or more years of
21    service as a senior manager or executive of a federal,
22    State, or local agency.
23    (c) The Inspector General may review, coordinate, and
24recommend methods and procedures to increase the integrity of
25the Office of the Secretary of State. The duties of the
26Inspector General shall supplement and not supplant the duties

 

 

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1of the Chief Auditor for the Secretary of State's Office or any
2other Inspector General that may be authorized by law. The
3Inspector General must report directly to the Secretary of
4State.
5    (d) In addition to the authority otherwise provided by this
6Section, but only when investigating the Office of the
7Secretary of State, its employees, or their actions for fraud,
8corruption, mismanagement, gross or aggravated misconduct, or
9misconduct that may be criminal in nature, the Inspector
10General is authorized:
11        (1) To have access to all records, reports, audits,
12    reviews, documents, papers, recommendations, or other
13    materials available that relate to programs and operations
14    with respect to which the Inspector General has
15    responsibilities under this Section.
16        (2) To make any investigations and reports relating to
17    the administration of the programs and operations of the
18    Office of the Secretary of State that are, in the judgment
19    of the Inspector General, necessary or desirable.
20        (3) To request any information or assistance that may
21    be necessary for carrying out the duties and
22    responsibilities provided by this Section from any local,
23    State, or federal governmental agency or unit thereof.
24        (4) To require by subpoena the appearance of witnesses
25    and the production of all information, documents, reports,
26    answers, records, accounts, papers, and other data and

 

 

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1    documentary evidence necessary in the performance of the
2    functions assigned by this Section, with the exception of
3    subsection (c) and with the exception of records of a labor
4    organization authorized and recognized under the Illinois
5    Public Labor Relations Act to be the exclusive bargaining
6    representative of employees of the Secretary of State,
7    including, but not limited to, records of representation of
8    employees and the negotiation of collective bargaining
9    agreements. A subpoena may be issued under this paragraph
10    (4) only by the Inspector General and not by members of the
11    Inspector General's staff. A person duly subpoenaed for
12    testimony, documents, or other items who neglects or
13    refuses to testify or produce documents or other items
14    under the requirements of the subpoena shall be subject to
15    punishment as may be determined by a court of competent
16    jurisdiction, unless (i) the testimony, documents, or
17    other items are covered by the attorney-client privilege or
18    any other privilege or right recognized by law or (ii) the
19    testimony, documents, or other items concern the
20    representation of employees and the negotiation of
21    collective bargaining agreements by a labor organization
22    authorized and recognized under the Illinois Public Labor
23    Relations Act to be the exclusive bargaining
24    representative of employees of the Secretary of State.
25    Nothing in this Section limits a person's right to
26    protection against self-incrimination under the Fifth

 

 

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1    Amendment of the United States Constitution or Article I,
2    Section 10, of the Constitution of the State of Illinois.
3        (5) To have direct and prompt access to the Secretary
4    of State for any purpose pertaining to the performance of
5    functions and responsibilities under this Section.
6    (d-5) In addition to the authority otherwise provided by
7this Section, the Secretary of State Inspector General shall
8have jurisdiction to investigate complaints and allegations of
9wrongdoing by any person or entity related to the Lobbyist
10Registration Act. When investigating those complaints and
11allegations, the Inspector General is authorized:
12        (1) To have access to all records, reports, audits,
13    reviews, documents, papers, recommendations, or other
14    materials available that relate to programs and operations
15    with respect to which the Inspector General has
16    responsibilities under this Section.
17        (2) To request any information or assistance that may
18    be necessary for carrying out the duties and
19    responsibilities provided by this Section from any local,
20    State, or federal governmental agency or unit thereof.
21        (3) To require by subpoena the appearance of witnesses
22    and the production of all information, documents, reports,
23    answers, records, accounts, papers, and other data and
24    documentary evidence necessary in the performance of the
25    functions assigned by this Section. A subpoena may be
26    issued under this paragraph (3) only by the Inspector

 

 

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1    General and not by members of the Inspector General's
2    staff. A person duly subpoenaed for testimony, documents,
3    or other items who neglects or refuses to testify or
4    produce documents or other items under the requirements of
5    the subpoena shall be subject to punishment as may be
6    determined by a court of competent jurisdiction, unless the
7    testimony, documents, or other items are covered by the
8    attorney-client privilege or any other privilege or right
9    recognized by law. Nothing in this Section limits a
10    person's right to protection against self-incrimination
11    under the Fifth Amendment of the United States Constitution
12    or Section 10 of Article I of the Constitution of the State
13    of Illinois.
14        (4) 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        (5) As provided in subsection (d) of Section 5 of the
18    Lobbyist Registration Act, to review allegations that an
19    individual required to be registered under the Lobbyist
20    Registration Act has engaged in one or more acts of sexual
21    harassment. Upon completion of that review, the Inspector
22    General shall submit a summary of the review to the
23    Executive Ethics Commission. The Secretary shall adopt
24    rules setting forth the procedures for the review of such
25    allegations.
26    (e) The Inspector General may receive and investigate

 

 

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1complaints or information concerning the possible existence of
2an activity constituting a violation of law, rules, or
3regulations; mismanagement; abuse of authority; or substantial
4and specific danger to the public health and safety. Any person
5who knowingly files a false complaint or files a complaint with
6reckless disregard for the truth or the falsity of the facts
7underlying the complaint may be subject to discipline as set
8forth in the rules of the Department of Personnel of the
9Secretary of State or the Inspector General may refer the
10matter to a State's Attorney or the Attorney General.
11    The Inspector General may not, after receipt of a complaint
12or information, disclose the identity of the source without the
13consent of the source, unless the Inspector General determines
14that disclosure of the identity is reasonable and necessary for
15the furtherance of the investigation.
16    Any employee who has the authority to recommend or approve
17any personnel action or to direct others to recommend or
18approve any personnel action may not, with respect to that
19authority, take or threaten to take any action against any
20employee as a reprisal for making a complaint or disclosing
21information to the Inspector General, unless the complaint was
22made or the information disclosed with the knowledge that it
23was false or with willful disregard for its truth or falsity.
24    (f) The Inspector General must adopt rules, in accordance
25with the provisions of the Illinois Administrative Procedure
26Act, establishing minimum requirements for initiating,

 

 

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1conducting, and completing investigations. The rules must
2establish criteria for determining, based upon the nature of
3the allegation, the appropriate method of investigation, which
4may include, but is not limited to, site visits, telephone
5contacts, personal interviews, or requests for written
6responses. The rules must also clarify how the Office of the
7Inspector General shall interact with other local, State, and
8federal law enforcement investigations.
9    Any employee of the Secretary of State subject to
10investigation or inquiry by the Inspector General or any agent
11or representative of the Inspector General concerning
12misconduct that is criminal in nature shall have the right to
13be notified of the right to remain silent during the
14investigation or inquiry and the right to be represented in the
15investigation or inquiry by an attorney or a representative of
16a labor organization that is the exclusive collective
17bargaining representative of employees of the Secretary of
18State. Any investigation or inquiry by the Inspector General or
19any agent or representative of the Inspector General must be
20conducted with an awareness of the provisions of a collective
21bargaining agreement that applies to the employees of the
22Secretary of State and with an awareness of the rights of the
23employees as set forth in State and federal law and applicable
24judicial decisions. Any recommendations for discipline or any
25action taken against any employee by the Inspector General or
26any representative or agent of the Inspector General must

 

 

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1comply with the provisions of the collective bargaining
2agreement that applies to the employee.
3    (g) On or before January 1 of each year, the Inspector
4General shall report to the President of the Senate, the
5Minority Leader of the Senate, the Speaker of the House of
6Representatives, and the Minority Leader of the House of
7Representatives on the types of investigations and the
8activities undertaken by the Office of the Inspector General
9during the previous calendar year.
10(Source: P.A. 96-555, eff. 1-1-10; 96-1358, eff. 7-28-10.)
 
11    Section 15. The Lobbyist Registration Act is amended by
12changing Sections 5 and 10 and by adding Section 4.7 as
13follows:
 
14    (25 ILCS 170/4.7 new)
15    Sec. 4.7. Prohibition on sexual harassment.
16    (a) All persons have the right to work in an environment
17free from sexual harassment. All persons subject to this Act
18shall refrain from sexual harassment of any person.
19    (b) Beginning January 1, 2018, each natural person required
20to register as a lobbyist under this Act must complete, at
21least annually, a sexual harassment training program provided
22by the Secretary of State. A natural person registered under
23this Act must complete the training program no later than 30
24days after registration or renewal under this Act. This

 

 

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1requirement does not apply to a lobbying entity or a client
2that hires a lobbyist that (i) does not have employees of the
3lobbying entity or client registered as lobbyists, or (ii) does
4not have an actual presence in Illinois.
5    (c) No later than January 1, 2018, each natural person and
6any entity required to register under this Act shall have a
7written sexual harassment policy that shall include, at a
8minimum, the following information: (i) the illegality of
9sexual harassment; (ii) the definition of sexual harassment;
10(iii) a description of sexual harassment, utilizing examples;
11(iv) the person or entity's internal process for receiving
12complaints and the process of reviewing such complaints,
13including any penalties or discipline for violations by
14employees, contractors, or lobbyists; and (v) protection
15against retaliation. A copy of the policy shall be provided to
16the Secretary of State upon request of the Secretary or his or
17her designee.
18    (d) For purposes of this Act, "sexual harassment" means any
19unwelcome sexual advances or requests for sexual favors or any
20conduct of a sexual nature when: (i) submission to such conduct
21is made either explicitly or implicitly a term or condition of
22an individual's employment; (ii) submission to or rejection of
23such conduct by an individual is used as the basis for
24employment decisions affecting such individual; or (iii) such
25conduct has the purpose or effect of substantially interfering
26with an individual's work performance or creating an

 

 

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1intimidating, hostile, or offensive working environment. For
2the purposes of this definition, the phrase "working
3environment" is not limited to a physical location an employee
4is assigned to perform his or her duties and does not require
5an employment relationship.
6    (e) The Secretary of State shall adopt rules for the
7implementation of this Section.
 
8    (25 ILCS 170/5)
9    Sec. 5. Lobbyist registration and disclosure. Every
10natural person and every entity required to register under this
11Act shall before any service is performed which requires the
12natural person or entity to register, but in any event not
13later than 2 business days after being employed or retained,
14file in the Office of the Secretary of State a statement in a
15format prescribed by the Secretary of State containing the
16following information with respect to each person or entity
17employing, retaining, or benefitting from the services of the
18natural person or entity required to register:
19        (a) The registrant's name, permanent address, e-mail
20    address, if any, fax number, if any, business telephone
21    number, and temporary address, if the registrant has a
22    temporary address while lobbying.
23        (a-5) If the registrant is an entity, the information
24    required under subsection (a) for each natural person
25    associated with the registrant who will be lobbying,

 

 

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

 

 

10000SB0402ham003- 24 -LRB100 04971 RJF 30536 a

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

 

 

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1    All natural persons and entities required to register under
2this Act shall remit a single, annual, and nonrefundable $300
3registration fee. Each natural person required to register
4under this Act shall submit, on an annual basis, a picture of
5the registrant. A registrant may, in lieu of submitting a
6picture on an annual basis, authorize the Secretary of State to
7use any photo identification available in any database
8maintained by the Secretary of State for other purposes. Each
9registration fee collected for registrations on or after
10January 1, 2010 shall be deposited into the Lobbyist
11Registration Administration Fund for administration and
12enforcement of this Act.
13(Source: P.A. 98-459, eff. 1-1-14.)
 
14    (25 ILCS 170/10)  (from Ch. 63, par. 180)
15    Sec. 10. Penalties.
16    (a) Any person who violates any of the provisions of this
17Act, except for a violation of Section 4.7 or paragraph (d) of
18Section 5, shall be guilty of a business offense and shall be
19fined not more than $10,000 for each violation. Every day that
20a report or registration is late shall constitute a separate
21violation. In determining the appropriate fine for each
22violation, the trier of fact shall consider the scope of the
23entire lobbying project, the nature of activities conducted
24during the time the person was in violation of this Act, and
25whether or not the violation was intentional or unreasonable.

 

 

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1    (a-5) A violation of Section 4.7 or paragraph (d) of
2Section 5 shall be considered a violation of the State
3Officials and Employees Ethics Act, subject to the jurisdiction
4of the Executive Ethics Commission and to all penalties under
5Section 50-5 of the State Officials and Employees Ethics Act.
6    (b) In addition to the penalties provided for in subsection
7(a) of this Section, any person convicted of any violation of
8any provision of this Act is prohibited for a period of three
9years from the date of such conviction from lobbying.
10    (c) There is created in the State treasury a special fund
11to be known as the Lobbyist Registration Administration Fund.
12All fines collected in the enforcement of this Section shall be
13deposited into the Fund. These funds shall, subject to
14appropriation, be used by the Office of the Secretary of State
15for implementation and administration of this Act.
16(Source: P.A. 96-555, eff. 1-1-10.)
 
17    Section 99. Effective date. This Act takes effect upon
18becoming law.".