HB4943 101ST GENERAL ASSEMBLY

LRB101 17137 RJF 66538 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB4943

Introduced 2/18/2020, by Rep. Carol Ammons

SYNOPSIS AS INTRODUCED:

5 ILCS 430/70-5
5 ILCS 430/70-25 new
5 ILCS 430/70-30 new

Amends the State Officials and Employees Ethics Act. Requires governmental entities to adopt ordinances or resolutions establishing ethics training programs and harassment and discrimination prevention training programs to be completed, at least annually, by all officers and employees of the governmental entity. Provides further requirements concerning the training programs. Expands the required contents of governmental entity policies to prohibit sexual harassment. Effective immediately.

A BILL FOR

AN ACT concerning government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The State Officials and Employees Ethics Act is amended by changing Section 70-5 and by adding Sections 70-25 and 70-30 as follows:

(5 ILCS 430/70-5)

Sec. 70-5. Adoption by governmental entities.

(a) Within 6 months after the effective date of this Act, each governmental entity other than a community college district, and each community college district within 6 months after the effective date of this amendatory Act of the 95th General Assembly, shall adopt an ordinance or resolution that regulates, in a manner no less restrictive than Section 5-15 and Article 10 of this Act, (i) the political activities of officers and employees of the governmental entity and (ii) the soliciting and accepting of gifts by and the offering and making of gifts to officers and employees of the governmental entity. No later than 60 days after the effective date of this amendatory Act of the 101st 100th General Assembly, each governmental unit shall adopt an ordinance or resolution establishing a policy to prohibit sexual harassment. The policy shall include, at a minimum: (i) a prohibition on sexual harassment, unlawful discrimination, and harassment; (ii) details on how an individual can report an allegation of sexual harassment, including options for making a confidential report to a supervisor, ethics officer, Inspector General, or the Department of Human Rights; (iii) a prohibition on retaliation for reporting sexual harassment, unlawful discrimination, or harassment allegations, including availability of whistleblower protections under this Act, the Whistleblower Act, and the Illinois Human Rights Act; and (iv) the consequences of a violation of the prohibition on sexual harassment, unlawful discrimination, or harassment, and the consequences for knowingly making a false report. Within 6 months after the effective date of this amendatory Act of the 101st General Assembly, each governmental unit that is not subject to the jurisdiction of a State or local Inspector General shall adopt an ordinance or resolution amending its sexual harassment policy to provide for a mechanism for reporting and independent review of allegations of sexual harassment made against an elected official of the governmental unit by another elected official of a governmental unit.

(b) Within 3 months after the effective date of this amendatory Act of the 93rd General Assembly, the Attorney General shall develop model ordinances and resolutions for the purpose of this Article. The Attorney General shall advise governmental entities on their contents and adoption.

(c) As used in this Article, (i) an "officer" means an elected or appointed official; regardless of whether the official is compensated, and (ii) an "employee" means a full-time, part-time, or contractual employee.

(Source: P.A. 100-554, eff. 11-16-17; 101-221, eff. 8-9-19.)

(5 ILCS 430/70-25 new)

Sec. 70-25. Ethics training. Beginning in 2021, each governmental entity shall adopt an ordinance or resolution establishing an ethics training program to be completed, at least annually, by all officers and employees of the governmental entity. Governmental entities shall also establish by ordinance or resolution enforcement and oversight mechanisms for this training. A person who fills a vacancy in a position that requires training under this Section must complete his or her initial ethics training within 30 days after commencement of his or her office or employment.

(5 ILCS 430/70-30 new)

Sec. 70-30. Harassment and discrimination training.

(a) Each governmental entity shall adopt an ordinance or resolution establishing a harassment and discrimination prevention training program to be completed, at least annually, by all officers and employees of the governmental entity. Governmental entities shall also establish by ordinance or resolution enforcement and oversight mechanisms for this training. A person who fills a vacancy in a position that requires training under this Section must complete his or her initial harassment and discrimination prevention training program within 30 days after commencement of his or her office or employment.

(b) The training established under this Section shall include, at a minimum, the following: (i) the definition and a description of sexual harassment, unlawful discrimination, and harassment, including examples of each; (ii) details on how an individual can report an allegation of sexual harassment, unlawful discrimination, or harassment, including options for making a confidential report to a supervisor, ethics officer, Inspector General, or the Department of Human Rights; (iii) the definition and description of retaliation for reporting sexual harassment, unlawful discrimination, or harassment allegations utilizing examples, including availability of whistleblower protections under this Act, the Whistleblower Act, and the Illinois Human Rights Act; and (iv) the consequences of a violation of the prohibition on sexual harassment, unlawful discrimination, and harassment, and the consequences for knowingly making a false report.

(c) For the purposes of this Section, "unlawful discrimination" and "harassment" refer to discrimination and harassment prohibited under Section 2-102 of the Illinois Human Rights Act.

Section 99. Effective date. This Act takes effect upon becoming law.