Full Text of SB0402 100th General Assembly
SB0402enr 100TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning government.
| 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Administrative Procedure Act is | 5 | | amended 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 | 9 | | any agency
finds reasonably constitutes a threat to the public | 10 | | interest, safety, or
welfare. | 11 | | (b) If any agency finds that an
emergency exists that | 12 | | requires adoption of a rule upon fewer days than
is required by | 13 | | Section 5-40 and states in writing its reasons for that
| 14 | | finding, the agency may adopt an emergency rule without prior | 15 | | notice or
hearing upon filing a notice of emergency rulemaking | 16 | | with the Secretary of
State under Section 5-70. The notice | 17 | | shall include the text of the
emergency rule and shall be | 18 | | published in the Illinois Register. Consent
orders or other | 19 | | court orders adopting settlements negotiated by an agency
may | 20 | | be adopted under this Section. Subject to applicable | 21 | | constitutional or
statutory provisions, an emergency rule | 22 | | becomes effective immediately upon
filing under Section 5-65 or | 23 | | at a stated date less than 10 days
thereafter. The agency's |
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| 1 | | finding and a statement of the specific reasons
for the finding | 2 | | shall be filed with the rule. The agency shall take
reasonable | 3 | | and appropriate measures to make emergency rules known to the
| 4 | | persons who may be affected by them. | 5 | | (c) An emergency rule may be effective for a period of not | 6 | | longer than
150 days, but the agency's authority to adopt an | 7 | | identical rule under Section
5-40 is not precluded. No | 8 | | emergency rule may be adopted more
than once in any 24-month | 9 | | period, except that this limitation on the number
of emergency | 10 | | rules that may be adopted in a 24-month period does not apply
| 11 | | to (i) emergency rules that make additions to and deletions | 12 | | from the Drug
Manual under Section 5-5.16 of the Illinois | 13 | | Public Aid Code or the
generic drug formulary under Section | 14 | | 3.14 of the Illinois Food, Drug
and Cosmetic Act, (ii) | 15 | | emergency rules adopted by the Pollution Control
Board before | 16 | | July 1, 1997 to implement portions of the Livestock Management
| 17 | | Facilities Act, (iii) emergency rules adopted by the Illinois | 18 | | Department of Public Health under subsections (a) through (i) | 19 | | of Section 2 of the Department of Public Health Act when | 20 | | necessary to protect the public's health, (iv) emergency rules | 21 | | adopted pursuant to subsection (n) of this Section, (v) | 22 | | emergency rules adopted pursuant to subsection (o) of this | 23 | | Section, or (vi) emergency rules adopted pursuant to subsection | 24 | | (c-5) of this Section. Two or more emergency rules having | 25 | | substantially the same
purpose and effect shall be deemed to be | 26 | | a single rule for purposes of this
Section. |
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| 1 | | (c-5) To facilitate the maintenance of the program of group | 2 | | health benefits provided to annuitants, survivors, and retired | 3 | | employees under the State Employees Group Insurance Act of | 4 | | 1971, rules to alter the contributions to be paid by the State, | 5 | | annuitants, survivors, retired employees, or any combination | 6 | | of those entities, for that program of group health benefits, | 7 | | shall be adopted as emergency rules. The adoption of those | 8 | | rules shall be considered an emergency and necessary for the | 9 | | public interest, safety, and welfare. | 10 | | (d) In order to provide for the expeditious and timely | 11 | | implementation
of the State's fiscal year 1999 budget, | 12 | | emergency rules to implement any
provision of Public Act 90-587 | 13 | | or 90-588
or any other budget initiative for fiscal year 1999 | 14 | | may be adopted in
accordance with this Section by the agency | 15 | | charged with administering that
provision or initiative, | 16 | | except that the 24-month limitation on the adoption
of | 17 | | emergency rules and the provisions of Sections 5-115 and 5-125 | 18 | | do not apply
to rules adopted under this subsection (d). The | 19 | | adoption of emergency rules
authorized by this subsection (d) | 20 | | shall be deemed to be necessary for the
public interest, | 21 | | safety, and welfare. | 22 | | (e) In order to provide for the expeditious and timely | 23 | | implementation
of the State's fiscal year 2000 budget, | 24 | | emergency rules to implement any
provision of Public Act 91-24
| 25 | | or any other budget initiative for fiscal year 2000 may be | 26 | | adopted in
accordance with this Section by the agency charged |
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| 1 | | with administering that
provision or initiative, except that | 2 | | the 24-month limitation on the adoption
of emergency rules and | 3 | | the provisions of Sections 5-115 and 5-125 do not apply
to | 4 | | rules adopted under this subsection (e). The adoption of | 5 | | emergency rules
authorized by this subsection (e) shall be | 6 | | deemed to be necessary for the
public interest, safety, and | 7 | | welfare. | 8 | | (f) In order to provide for the expeditious and timely | 9 | | implementation
of the State's fiscal year 2001 budget, | 10 | | emergency rules to implement any
provision of Public Act 91-712
| 11 | | or any other budget initiative for fiscal year 2001 may be | 12 | | adopted in
accordance with this Section by the agency charged | 13 | | with administering that
provision or initiative, except that | 14 | | the 24-month limitation on the adoption
of emergency rules and | 15 | | the provisions of Sections 5-115 and 5-125 do not apply
to | 16 | | rules adopted under this subsection (f). The adoption of | 17 | | emergency rules
authorized by this subsection (f) shall be | 18 | | deemed to be necessary for the
public interest, safety, and | 19 | | welfare. | 20 | | (g) In order to provide for the expeditious and timely | 21 | | implementation
of the State's fiscal year 2002 budget, | 22 | | emergency rules to implement any
provision of Public Act 92-10
| 23 | | or any other budget initiative for fiscal year 2002 may be | 24 | | adopted in
accordance with this Section by the agency charged | 25 | | with administering that
provision or initiative, except that | 26 | | the 24-month limitation on the adoption
of emergency rules and |
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| 1 | | the provisions of Sections 5-115 and 5-125 do not apply
to | 2 | | rules adopted under this subsection (g). The adoption of | 3 | | emergency rules
authorized by this subsection (g) shall be | 4 | | deemed to be necessary for the
public interest, safety, and | 5 | | welfare. | 6 | | (h) In order to provide for the expeditious and timely | 7 | | implementation
of the State's fiscal year 2003 budget, | 8 | | emergency rules to implement any
provision of Public Act 92-597
| 9 | | or any other budget initiative for fiscal year 2003 may be | 10 | | adopted in
accordance with this Section by the agency charged | 11 | | with administering that
provision or initiative, except that | 12 | | the 24-month limitation on the adoption
of emergency rules and | 13 | | the provisions of Sections 5-115 and 5-125 do not apply
to | 14 | | rules adopted under this subsection (h). The adoption of | 15 | | emergency rules
authorized by this subsection (h) shall be | 16 | | deemed to be necessary for the
public interest, safety, and | 17 | | welfare. | 18 | | (i) In order to provide for the expeditious and timely | 19 | | implementation
of the State's fiscal year 2004 budget, | 20 | | emergency rules to implement any
provision of Public Act 93-20
| 21 | | or any other budget initiative for fiscal year 2004 may be | 22 | | adopted in
accordance with this Section by the agency charged | 23 | | with administering that
provision or initiative, except that | 24 | | the 24-month limitation on the adoption
of emergency rules and | 25 | | the provisions of Sections 5-115 and 5-125 do not apply
to | 26 | | rules adopted under this subsection (i). The adoption of |
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| 1 | | emergency rules
authorized by this subsection (i) shall be | 2 | | deemed to be necessary for the
public interest, safety, and | 3 | | welfare. | 4 | | (j) In order to provide for the expeditious and timely | 5 | | implementation of the provisions of the State's fiscal year | 6 | | 2005 budget as provided under the Fiscal Year 2005 Budget | 7 | | Implementation (Human Services) Act, emergency rules to | 8 | | implement any provision of the Fiscal Year 2005 Budget | 9 | | Implementation (Human Services) Act may be adopted in | 10 | | accordance with this Section by the agency charged with | 11 | | administering that provision, except that the 24-month | 12 | | limitation on the adoption of emergency rules and the | 13 | | provisions of Sections 5-115 and 5-125 do not apply to rules | 14 | | adopted under this subsection (j). The Department of Public Aid | 15 | | may also adopt rules under this subsection (j) necessary to | 16 | | administer the Illinois Public Aid Code and the Children's | 17 | | Health Insurance Program Act. The adoption of emergency rules | 18 | | authorized by this subsection (j) shall be deemed to be | 19 | | necessary for the public interest, safety, and welfare.
| 20 | | (k) In order to provide for the expeditious and timely | 21 | | implementation of the provisions of the State's fiscal year | 22 | | 2006 budget, emergency rules to implement any provision of | 23 | | Public Act 94-48 or any other budget initiative for fiscal year | 24 | | 2006 may be adopted in accordance with this Section by the | 25 | | agency charged with administering that provision or | 26 | | initiative, except that the 24-month limitation on the adoption |
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| 1 | | of emergency rules and the provisions of Sections 5-115 and | 2 | | 5-125 do not apply to rules adopted under this subsection (k). | 3 | | The Department of Healthcare and Family Services may also adopt | 4 | | rules under this subsection (k) necessary to administer the | 5 | | Illinois Public Aid Code, the Senior Citizens and Persons with | 6 | | Disabilities Property Tax Relief Act, the Senior Citizens and | 7 | | Disabled Persons Prescription Drug Discount Program Act (now | 8 | | the Illinois Prescription Drug Discount Program Act), and the | 9 | | Children's Health Insurance Program Act. The adoption of | 10 | | emergency rules authorized by this subsection (k) shall be | 11 | | deemed to be necessary for the public interest, safety, and | 12 | | welfare.
| 13 | | (l) In order to provide for the expeditious and timely | 14 | | implementation of the provisions of the
State's fiscal year | 15 | | 2007 budget, the Department of Healthcare and Family Services | 16 | | may adopt emergency rules during fiscal year 2007, including | 17 | | rules effective July 1, 2007, in
accordance with this | 18 | | subsection to the extent necessary to administer the | 19 | | Department's responsibilities with respect to amendments to | 20 | | the State plans and Illinois waivers approved by the federal | 21 | | Centers for Medicare and Medicaid Services necessitated by the | 22 | | requirements of Title XIX and Title XXI of the federal Social | 23 | | Security Act. The adoption of emergency rules
authorized by | 24 | | this subsection (l) shall be deemed to be necessary for the | 25 | | public interest,
safety, and welfare.
| 26 | | (m) In order to provide for the expeditious and timely |
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| 1 | | implementation of the provisions of the
State's fiscal year | 2 | | 2008 budget, the Department of Healthcare and Family Services | 3 | | may adopt emergency rules during fiscal year 2008, including | 4 | | rules effective July 1, 2008, in
accordance with this | 5 | | subsection to the extent necessary to administer the | 6 | | Department's responsibilities with respect to amendments to | 7 | | the State plans and Illinois waivers approved by the federal | 8 | | Centers for Medicare and Medicaid Services necessitated by the | 9 | | requirements of Title XIX and Title XXI of the federal Social | 10 | | Security Act. The adoption of emergency rules
authorized by | 11 | | this subsection (m) shall be deemed to be necessary for the | 12 | | public interest,
safety, and welfare.
| 13 | | (n) In order to provide for the expeditious and timely | 14 | | implementation of the provisions of the State's fiscal year | 15 | | 2010 budget, emergency rules to implement any provision of | 16 | | Public Act 96-45 or any other budget initiative authorized by | 17 | | the 96th General Assembly for fiscal year 2010 may be adopted | 18 | | in accordance with this Section by the agency charged with | 19 | | administering that provision or initiative. The adoption of | 20 | | emergency rules authorized by this subsection (n) shall be | 21 | | deemed to be necessary for the public interest, safety, and | 22 | | welfare. The rulemaking authority granted in this subsection | 23 | | (n) shall apply only to rules promulgated during Fiscal Year | 24 | | 2010. | 25 | | (o) In order to provide for the expeditious and timely | 26 | | implementation of the provisions of the State's fiscal year |
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| 1 | | 2011 budget, emergency rules to implement any provision of | 2 | | Public Act 96-958 or any other budget initiative authorized by | 3 | | the 96th General Assembly for fiscal year 2011 may be adopted | 4 | | in accordance with this Section by the agency charged with | 5 | | administering that provision or initiative. The adoption of | 6 | | emergency rules authorized by this subsection (o) is deemed to | 7 | | be necessary for the public interest, safety, and welfare. The | 8 | | rulemaking authority granted in this subsection (o) applies | 9 | | only to rules promulgated on or after July 1, 2010 (the | 10 | | effective date of Public Act 96-958) through June 30, 2011. | 11 | | (p) In order to provide for the expeditious and timely | 12 | | implementation of the provisions of Public Act 97-689, | 13 | | emergency rules to implement any provision of Public Act 97-689 | 14 | | may be adopted in accordance with this subsection (p) by the | 15 | | agency charged with administering that provision or | 16 | | initiative. The 150-day limitation of the effective period of | 17 | | emergency rules does not apply to rules adopted under this | 18 | | subsection (p), and the effective period may continue through | 19 | | June 30, 2013. The 24-month limitation on the adoption of | 20 | | emergency rules does not apply to rules adopted under this | 21 | | subsection (p). The adoption of emergency rules authorized by | 22 | | this subsection (p) is deemed to be necessary for the public | 23 | | interest, safety, and welfare. | 24 | | (q) In order to provide for the expeditious and timely | 25 | | implementation of the provisions of Articles 7, 8, 9, 11, and | 26 | | 12 of Public Act 98-104, emergency rules to implement any |
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| 1 | | provision of Articles 7, 8, 9, 11, and 12 of Public Act 98-104 | 2 | | may be adopted in accordance with this subsection (q) by the | 3 | | agency charged with administering that provision or | 4 | | initiative. The 24-month limitation on the adoption of | 5 | | emergency rules does not apply to rules adopted under this | 6 | | subsection (q). The adoption of emergency rules authorized by | 7 | | this subsection (q) is deemed to be necessary for the public | 8 | | interest, safety, and welfare. | 9 | | (r) In order to provide for the expeditious and timely | 10 | | implementation of the provisions of Public Act 98-651, | 11 | | emergency rules to implement Public Act 98-651 may be adopted | 12 | | in accordance with this subsection (r) by the Department of | 13 | | Healthcare and Family Services. The 24-month limitation on the | 14 | | adoption of emergency rules does not apply to rules adopted | 15 | | under this subsection (r). The adoption of emergency rules | 16 | | authorized by this subsection (r) is deemed to be necessary for | 17 | | the public interest, safety, and welfare. | 18 | | (s) In order to provide for the expeditious and timely | 19 | | implementation of the provisions of Sections 5-5b.1 and 5A-2 of | 20 | | the Illinois Public Aid Code, emergency rules to implement any | 21 | | provision of Section 5-5b.1 or Section 5A-2 of the Illinois | 22 | | Public Aid Code may be adopted in accordance with this | 23 | | subsection (s) by the Department of Healthcare and Family | 24 | | Services. The rulemaking authority granted in this subsection | 25 | | (s) shall apply only to those rules adopted prior to July 1, | 26 | | 2015. Notwithstanding any other provision of this Section, any |
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| 1 | | emergency rule adopted under this subsection (s) shall only | 2 | | apply to payments made for State fiscal year 2015. The adoption | 3 | | of emergency rules authorized by this subsection (s) is deemed | 4 | | to be necessary for the public interest, safety, and welfare. | 5 | | (t) In order to provide for the expeditious and timely | 6 | | implementation of the provisions of Article II of Public Act | 7 | | 99-6, emergency rules to implement the changes made by Article | 8 | | II of Public Act 99-6 to the Emergency Telephone System Act may | 9 | | be adopted in accordance with this subsection (t) by the | 10 | | Department of State Police. The rulemaking authority granted in | 11 | | this subsection (t) shall apply only to those rules adopted | 12 | | prior to July 1, 2016. The 24-month limitation on the adoption | 13 | | of emergency rules does not apply to rules adopted under this | 14 | | subsection (t). The adoption of emergency rules authorized by | 15 | | this subsection (t) is deemed to be necessary for the public | 16 | | interest, safety, and welfare. | 17 | | (u) In order to provide for the expeditious and timely | 18 | | implementation of the provisions of the Burn Victims Relief | 19 | | Act, emergency rules to implement any provision of the Act may | 20 | | be adopted in accordance with this subsection (u) by the | 21 | | Department of Insurance. The rulemaking authority granted in | 22 | | this subsection (u) shall apply only to those rules adopted | 23 | | prior to December 31, 2015. The adoption of emergency rules | 24 | | authorized by this subsection (u) is deemed to be necessary for | 25 | | the public interest, safety, and welfare. | 26 | | (v) In order to provide for the expeditious and timely |
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| 1 | | implementation of the provisions of Public Act 99-516, | 2 | | emergency rules to implement Public Act 99-516 may be adopted | 3 | | in accordance with this subsection (v) by the Department of | 4 | | Healthcare and Family Services. The 24-month limitation on the | 5 | | adoption of emergency rules does not apply to rules adopted | 6 | | under this subsection (v). The adoption of emergency rules | 7 | | authorized by this subsection (v) is deemed to be necessary for | 8 | | the public interest, safety, and welfare. | 9 | | (w) In order to provide for the expeditious and timely | 10 | | implementation of the provisions of Public Act 99-796, | 11 | | emergency rules to implement the changes made by Public Act | 12 | | 99-796 may be adopted in accordance with this subsection (w) by | 13 | | the Adjutant General. The adoption of emergency rules | 14 | | authorized by this subsection (w) is deemed to be necessary for | 15 | | the public interest, safety, and welfare. | 16 | | (x) In order to provide for the expeditious and timely | 17 | | implementation of the provisions of Public Act 99-906, | 18 | | emergency rules to implement subsection (i) of Section 16-115D, | 19 | | subsection (g) of Section 16-128A, and subsection (a) of | 20 | | Section 16-128B of the Public Utilities Act may be adopted in | 21 | | accordance with this subsection (x) by the Illinois Commerce | 22 | | Commission. The rulemaking authority granted in this | 23 | | subsection (x) shall apply only to those rules adopted within | 24 | | 180 days after June 1, 2017 (the effective date of Public Act | 25 | | 99-906). The adoption of emergency rules authorized by this | 26 | | subsection (x) is deemed to be necessary for the public |
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| 1 | | interest, safety, and welfare. | 2 | | (y) In order to provide for the expeditious and timely | 3 | | implementation of the provisions of this amendatory Act of the | 4 | | 100th General Assembly, emergency rules to implement the | 5 | | changes made by this amendatory Act of the 100th General | 6 | | Assembly to Section 4.02 of the Illinois Act on Aging, Sections | 7 | | 5.5.4 and 5-5.4i of the Illinois Public Aid Code, Section 55-30 | 8 | | of the Alcoholism and Other Drug Abuse and Dependency Act, and | 9 | | Sections 74 and 75 of the Mental Health and Developmental | 10 | | Disabilities Administrative Act may be adopted in accordance | 11 | | with this subsection (y) by the respective Department. The | 12 | | adoption of emergency rules authorized by this subsection (y) | 13 | | is deemed to be necessary for the public interest, safety, and | 14 | | welfare. | 15 | | (z) In order to provide for the expeditious and timely | 16 | | implementation of the provisions of this amendatory Act of the | 17 | | 100th General Assembly, emergency rules to implement the | 18 | | changes made by this amendatory Act of the 100th General | 19 | | Assembly to Section 4.7 of the Lobbyist Registration Act may be | 20 | | adopted in accordance with this subsection (z) by the Secretary | 21 | | of State. The adoption of emergency rules authorized by this | 22 | | subsection (z) is deemed to be necessary for the public | 23 | | interest, safety, and welfare. | 24 | | (Source: P.A. 99-2, eff. 3-26-15; 99-6, eff. 1-1-16; 99-143, | 25 | | eff. 7-27-15; 99-455, eff. 1-1-16; 99-516, eff. 6-30-16; | 26 | | 99-642, eff. 7-28-16; 99-796, eff. 1-1-17; 99-906, eff. 6-1-17; |
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| 1 | | 100-23, eff. 7-6-17.) | 2 | | Section 10. The State Officials and Employees Ethics Act is | 3 | | amended by changing Sections 5-5, 20-15, 25-15, 50-5, and 70-5 | 4 | | and 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 | 8 | | personnel policies for all State employees under his, her, or | 9 | | its
jurisdiction and control: (i) each executive branch | 10 | | constitutional officer,
(ii) each legislative leader, (iii) | 11 | | the Senate Operations Commission, with
respect to legislative | 12 | | employees under Section 4 of the General Assembly
Operations | 13 | | Act, (iv) the Speaker of the House of Representatives, with | 14 | | respect
to legislative employees under Section 5 of the General | 15 | | Assembly Operations
Act, (v) the Joint Committee on Legislative | 16 | | Support
Services, with respect to State employees of the | 17 | | legislative support services
agencies,
(vi) members of the | 18 | | General Assembly, with respect to legislative assistants,
as | 19 | | provided in Section 4 of the General Assembly Compensation Act,
| 20 | | (vii) the Auditor General, (viii) the Board of Higher | 21 | | Education, with respect
to
State employees of public | 22 | | institutions of higher learning except community
colleges, and | 23 | | (ix)
the Illinois Community College Board, with respect to | 24 | | State employees of
community colleges. The Governor shall adopt |
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| 1 | | and implement
those policies for all State employees of the | 2 | | executive branch not under the
jurisdiction and control
of any | 3 | | other executive branch constitutional officer.
| 4 | | (b) The policies required under subsection (a) shall be | 5 | | filed with the
appropriate ethics commission established under | 6 | | this Act or, for the Auditor
General, with the Office of the | 7 | | Auditor General.
| 8 | | (c) The policies required under subsection (a) shall | 9 | | include
policies
relating to work time requirements, | 10 | | documentation of time worked, documentation
for reimbursement
| 11 | | for travel on official State business, compensation, and the | 12 | | earning or accrual
of State
benefits for all State employees | 13 | | who may be eligible to receive those
benefits. No later than 30 | 14 | | days after the effective date of this amendatory Act of the | 15 | | 100th General Assembly, the policies shall include, at a | 16 | | minimum: (i) a prohibition on sexual harassment; (ii) details | 17 | | on how an individual can report an allegation of sexual | 18 | | harassment, including options for making a confidential report | 19 | | to a supervisor, ethics officer, Inspector General, or the | 20 | | Department of Human Rights; (iii) a prohibition on retaliation | 21 | | for reporting sexual harassment allegations, including | 22 | | availability of whistleblower protections under this Act, the | 23 | | Whistleblower Act, and the Illinois Human Rights Act; and (iv) | 24 | | the consequences of a violation of the prohibition on sexual | 25 | | harassment and the consequences for knowingly making a false | 26 | | report. The policies shall comply with and be consistent with |
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| 1 | | all other
applicable laws.
The policies shall
require State | 2 | | employees to periodically submit time sheets
documenting
the | 3 | | time spent each day on official State business to the nearest | 4 | | quarter hour;
contractual State employees may satisfy the
time | 5 | | sheets
requirement by complying with the terms
of their | 6 | | contract, which shall provide for a means of compliance with | 7 | | this
requirement. The policies for State employees
shall | 8 | | require those time sheets to be submitted
on
paper, | 9 | | electronically, or both and to be maintained in either paper or
| 10 | | electronic format by the applicable fiscal
office for a period | 11 | | of at least 2 years.
| 12 | | (d) The policies required under subsection (a) shall be | 13 | | adopted by the
applicable entity before February 1, 2004 and | 14 | | shall apply to State
employees beginning 30 days after | 15 | | adoption.
| 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 | 20 | | least annually beginning in 2018, a sexual harassment training | 21 | | program. A person who fills a vacancy in an elective or | 22 | | appointed position that requires training under this Section | 23 | | must complete his or her initial sexual harassment training | 24 | | program within 30 days after commencement of his or her office | 25 | | or employment. The training shall include, at a minimum, the |
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| 1 | | following: (i) the definition, and a description, of sexual | 2 | | harassment utilizing examples; (ii) details on how an | 3 | | individual can report an allegation of sexual harassment, | 4 | | including options for making a confidential report to a | 5 | | supervisor, ethics officer, Inspector General, or the | 6 | | Department of Human Rights; (iii) the definition, and | 7 | | description of, retaliation for reporting sexual harassment | 8 | | allegations utilizing examples, including availability of | 9 | | whistleblower protections under this Act, the Whistleblower | 10 | | Act, and the Illinois Human Rights Act; and (iv) the | 11 | | consequences of a violation of the prohibition on sexual | 12 | | harassment and the consequences for knowingly making a false | 13 | | report. Proof of completion must be submitted to the applicable | 14 | | ethics officer. Sexual harassment training programs shall be | 15 | | overseen by the appropriate Ethics Commission and Inspector | 16 | | General appointed under this Act. | 17 | | (b) Each ultimate jurisdictional authority shall submit to | 18 | | the applicable Ethics Commission, at least annually, or more | 19 | | frequently as required by that Commission, a report that | 20 | | summarizes the sexual harassment training program that was | 21 | | completed during the previous year, and lays out the plan for | 22 | | the training program in the coming year. The report shall | 23 | | include the names of individuals that failed to complete the | 24 | | required training program. Each Ethics Commission shall make | 25 | | the 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 | 4 | | from sexual harassment. All persons subject to this Act are | 5 | | prohibited from sexually harassing any person, regardless of | 6 | | any employment relationship or lack thereof. | 7 | | (b) For purposes of this Act, "sexual harassment" means any | 8 | | unwelcome sexual advances or requests for sexual favors or any | 9 | | conduct of a sexual nature when: (i) submission to such conduct | 10 | | is made either explicitly or implicitly a term or condition of | 11 | | an individual's employment; (ii) submission to or rejection of | 12 | | such conduct by an individual is used as the basis for | 13 | | employment decisions affecting such individual; or (iii) such | 14 | | conduct has the purpose or effect of substantially interfering | 15 | | with an individual's work performance or creating an | 16 | | intimidating, hostile, or offensive working environment. For | 17 | | purposes of this definition, the phrase "working environment" | 18 | | is not limited to a physical location an employee is assigned | 19 | | to perform his or her duties and does not require an employment | 20 | | relationship. | 21 | | (5 ILCS 430/20-15)
| 22 | | Sec. 20-15. Duties of the Executive Ethics
Commission. In | 23 | | addition to duties otherwise assigned by
law, the Executive | 24 | | Ethics 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 | 2 | | addition to
duties otherwise assigned by law, the Legislative | 3 | | Ethics 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 | 20 | | person intentionally
violates any provision of Section 5-15, | 21 | | 5-30, 5-40, or 5-45 or Article 15.
| 22 | | (a-1) An ethics commission may levy an administrative fine | 23 | | for a violation of Section 5-45 of this Act of up to 3 times the | 24 | | total annual compensation that would have been obtained in | 25 | | violation of Section 5-45. |
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| 1 | | (b) A person who intentionally violates any provision
of | 2 | | Section 5-20, 5-35, 5-50, or 5-55 is guilty of a business | 3 | | offense
subject to a fine of at least $1,001 and up to $5,000.
| 4 | | (c) A person who intentionally violates any provision of | 5 | | Article 10 is
guilty of a business
offense and subject to a | 6 | | fine of at least $1,001 and up to $5,000.
| 7 | | (d) Any person who intentionally makes a
false report | 8 | | alleging a violation of any provision of this Act to an ethics
| 9 | | commission,
an inspector general,
the State Police, a State's | 10 | | Attorney, the Attorney General, or any other law
enforcement | 11 | | official is guilty of a Class A misdemeanor.
| 12 | | (e) An ethics commission may levy an administrative fine of | 13 | | up to $5,000
against any person
who violates this Act, who | 14 | | intentionally obstructs or interferes with an
investigation
| 15 | | conducted under this Act by an inspector general, or who
| 16 | | intentionally makes a false, frivolous, or bad faith | 17 | | allegation.
| 18 | | (f) In addition to any other penalty that may apply, | 19 | | whether criminal or
civil, a State employee who intentionally | 20 | | violates
any provision of Section 5-5, 5-15, 5-20, 5-30, 5-35, | 21 | | 5-45, or 5-50, Article 10,
Article 15, or Section 20-90 or | 22 | | 25-90 is subject to discipline or discharge by
the
appropriate | 23 | | ultimate
jurisdictional authority.
| 24 | | (g) Any person who violates Section 5-65 is subject to a | 25 | | fine of up to $5,000 per offense, and is subject to discipline | 26 | | or discharge by the appropriate ultimate jurisdictional |
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| 1 | | authority. Each violation of Section 5-65 is a separate | 2 | | offense. Any penalty imposed by an ethics commission shall be | 3 | | separate and distinct from any fines or penalties imposed by a | 4 | | court of law or a State or federal agency.
| 5 | | (h) Any person who violates Section 4.7 or paragraph (d) of | 6 | | Section 5 of the Lobbyist Registration Act is guilty of a | 7 | | business offense and shall be subject to a fine of up to | 8 | | $5,000. Any penalty imposed by an ethics commission shall be | 9 | | separate and distinct from any fines or penalties imposed by a | 10 | | court of law or by the Secretary of State under the Lobbyist | 11 | | Registration 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, | 16 | | each governmental
entity other than a community college | 17 | | district, and each community college district within 6 months | 18 | | after the effective date of this amendatory Act of the 95th | 19 | | General Assembly, shall
adopt an ordinance or resolution that | 20 | | regulates, in a manner no less
restrictive than Section 5-15 | 21 | | and Article 10 of this
Act, (i) the political activities of | 22 | | officers and employees of the
governmental entity
and (ii) the | 23 | | soliciting and accepting of gifts by and the offering and | 24 | | making
of gifts to
officers and employees of the governmental | 25 | | entity.
No later than 60 days after the effective date of this |
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| 1 | | amendatory Act of the 100th General Assembly, each governmental | 2 | | unit shall adopt an ordinance or resolution establishing a | 3 | | policy to prohibit sexual harassment. The policy shall include, | 4 | | at a minimum: (i) a prohibition on sexual harassment; (ii) | 5 | | details on how an individual can report an allegation of sexual | 6 | | harassment, including options for making a confidential report | 7 | | to a supervisor, ethics officer, Inspector General, or the | 8 | | Department of Human Rights; (iii) a prohibition on retaliation | 9 | | for reporting sexual harassment allegations, including | 10 | | availability of whistleblower protections under this Act, the | 11 | | Whistleblower Act, and the Illinois Human Rights Act; and (iv) | 12 | | the consequences of a violation of the prohibition on sexual | 13 | | harassment and the consequences for knowingly making a false | 14 | | report.
| 15 | | (b) Within 3 months after the effective date of this | 16 | | amendatory Act of the
93rd General Assembly, the Attorney | 17 | | General shall develop model ordinances
and resolutions for
the
| 18 | | purpose of this Article. The Attorney General shall advise
| 19 | | governmental
entities on their
contents and adoption.
| 20 | | (c) As used in this Article, (i) an "officer" means an | 21 | | elected or appointed
official; regardless of whether the | 22 | | official is compensated,
and (ii) an "employee" means a | 23 | | full-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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| 1 | | changing 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 | 5 | | consent of the Senate,
appoint an Inspector General for the | 6 | | purpose of detection, deterrence, and
prevention of fraud,
| 7 | | corruption, mismanagement, gross or aggravated misconduct, or | 8 | | misconduct
that may be criminal in nature in the Office of the | 9 | | Secretary of State. The
Inspector General shall serve a 5-year | 10 | | term.
If no successor is appointed and qualified upon the
| 11 | | expiration of the Inspector General's term, the Office of | 12 | | Inspector General is
deemed vacant and the powers and duties | 13 | | under this Section may be exercised
only by an appointed and | 14 | | qualified interim Inspector General until a successor
| 15 | | Inspector General is appointed and qualified.
If the General | 16 | | Assembly is not in session when a vacancy in the Office of
| 17 | | Inspector General occurs, the Secretary of State may appoint an | 18 | | interim
Inspector General whose term shall expire 2 weeks after | 19 | | the next
regularly scheduled session day of the Senate. | 20 | | (b) The Inspector General shall have the following | 21 | | qualifications: | 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 | 9 | | recommend methods and
procedures to increase the integrity of | 10 | | the Office of the Secretary of State.
The duties of the | 11 | | Inspector General shall
supplement and not supplant the duties | 12 | | of the Chief Auditor for the Secretary
of State's Office or any | 13 | | other Inspector General that may be authorized by law.
The | 14 | | Inspector General must report directly to the Secretary
of | 15 | | State. | 16 | | (d) In addition to the authority otherwise provided by this | 17 | | Section, but
only when investigating the Office of the | 18 | | Secretary of State, its employees, or
their actions for
fraud, | 19 | | corruption, mismanagement, gross or aggravated misconduct, or
| 20 | | misconduct that may be criminal in nature, the Inspector | 21 | | General 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 | 18 | | this Section, the Secretary of State Inspector General shall | 19 | | have jurisdiction to investigate complaints and allegations of | 20 | | wrongdoing by any person or entity related to the Lobbyist | 21 | | Registration Act. When investigating those complaints and | 22 | | allegations, 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 | 12 | | complaints or
information concerning the possible
existence of | 13 | | an activity constituting a violation of law, rules, or
| 14 | | regulations; mismanagement; abuse of authority; or substantial | 15 | | and specific
danger to the public health and safety. Any person
| 16 | | who knowingly files a
false
complaint or files a complaint with | 17 | | reckless disregard for the truth or the
falsity
of the facts | 18 | | underlying the complaint may be subject to discipline as set | 19 | | forth
in the rules of the Department of Personnel of the | 20 | | Secretary of State or the Inspector General may refer the | 21 | | matter to a State's Attorney or the Attorney General. | 22 | | The Inspector General may not, after receipt of a complaint | 23 | | or information, disclose the
identity of the source
without the | 24 | | consent of the source, unless the
Inspector General determines | 25 | | that
disclosure of the identity is reasonable and necessary for | 26 | | the furtherance of
the
investigation. |
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| 1 | | Any employee who has the authority to recommend or
approve | 2 | | any personnel action or to direct others to recommend or | 3 | | approve any
personnel action may not, with respect to that | 4 | | authority, take or threaten to
take any action against any | 5 | | employee as a reprisal for making a
complaint or disclosing | 6 | | information to the Inspector General, unless the
complaint was | 7 | | made or the information disclosed with the knowledge that it | 8 | | was
false or with willful disregard for its truth or falsity. | 9 | | (f) The Inspector General must adopt rules, in accordance | 10 | | with the
provisions of the Illinois Administrative Procedure | 11 | | Act, establishing minimum
requirements for initiating, | 12 | | conducting, and completing investigations. The
rules must | 13 | | establish criteria for determining, based upon the nature of | 14 | | the
allegation, the appropriate method of investigation, which | 15 | | may include, but is
not limited to, site visits, telephone | 16 | | contacts, personal interviews, or
requests for written | 17 | | responses. The rules must also clarify how the Office of
the | 18 | | Inspector General shall interact with other local, State, and | 19 | | federal law
enforcement investigations. | 20 | | Any employee of the Secretary of State subject to | 21 | | investigation or inquiry
by the Inspector General or any agent | 22 | | or representative of the Inspector
General concerning | 23 | | misconduct that is criminal in nature shall have the right
to | 24 | | be notified of the right to remain silent
during the | 25 | | investigation or inquiry and the right to be represented in the
| 26 | | investigation or inquiry by an attorney or a representative of |
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| 1 | | a labor
organization that is
the exclusive collective | 2 | | bargaining representative of employees of the
Secretary of | 3 | | State.
Any investigation or inquiry by the Inspector General or | 4 | | any agent or
representative of the Inspector General must be | 5 | | conducted with an awareness of
the provisions of a collective | 6 | | bargaining agreement that applies to the
employees
of the | 7 | | Secretary of State and with an awareness of the rights of the | 8 | | employees
as set forth in State and federal law and applicable | 9 | | judicial decisions. Any
recommendations for discipline or any | 10 | | action taken
against any employee by the
Inspector General or | 11 | | any representative or agent of the Inspector General must
| 12 | | comply with the provisions of the collective bargaining | 13 | | agreement that applies
to the employee. | 14 | | (g) On or before January 1 of each year, the Inspector | 15 | | General shall report
to the President of the Senate, the | 16 | | Minority Leader of the Senate, the Speaker
of the House of | 17 | | Representatives, and the Minority Leader of the House of
| 18 | | Representatives on the types of investigations and the | 19 | | activities undertaken by
the Office of the Inspector General | 20 | | during 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 | 23 | | changing Sections 5 and 10 and by adding Section 4.7 as | 24 | | follows: |
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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 | 4 | | free from sexual harassment. All persons subject to this Act | 5 | | shall refrain from sexual harassment of any person. | 6 | | (b) Beginning January 1, 2018, each natural person required | 7 | | to register as a lobbyist under this Act must complete, at | 8 | | least annually, a sexual harassment training program provided | 9 | | by the Secretary of State. A natural person registered under | 10 | | this Act must complete the training program no later than 30 | 11 | | days after registration or renewal under this Act. This | 12 | | requirement does not apply to a lobbying entity or a client | 13 | | that hires a lobbyist that (i) does not have employees of the | 14 | | lobbying entity or client registered as lobbyists, or (ii) does | 15 | | not have an actual presence in Illinois. | 16 | | (c) No later than January 1, 2018, each natural person and | 17 | | any entity required to register under this Act shall have a | 18 | | written sexual harassment policy that shall include, at a | 19 | | minimum: (i) a prohibition on sexual harassment; (ii) details | 20 | | on how an individual can report an allegation of sexual | 21 | | harassment, including options for making a confidential report | 22 | | to a supervisor, ethics officer, Inspector General, or the | 23 | | Department of Human Rights; (iii) a prohibition on retaliation | 24 | | for reporting sexual harassment allegations, including | 25 | | availability of whistleblower protections under the State | 26 | | Officials and Employee Ethics Act, the Whistleblower Act, and |
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| 1 | | the Illinois Human Rights Act; and (iv) the consequences of a | 2 | | violation of the prohibition on sexual harassment and the | 3 | | consequences for knowingly making a false report. | 4 | | (d) For purposes of this Act, "sexual harassment" means any | 5 | | unwelcome sexual advances or requests for sexual favors or any | 6 | | conduct of a sexual nature when: (i) submission to such conduct | 7 | | is made either explicitly or implicitly a term or condition of | 8 | | an individual's employment; (ii) submission to or rejection of | 9 | | such conduct by an individual is used as the basis for | 10 | | employment decisions affecting such individual; or (iii) such | 11 | | conduct has the purpose or effect of substantially interfering | 12 | | with an individual's work performance or creating an | 13 | | intimidating, hostile, or offensive working environment. For | 14 | | the purposes of this definition, the phrase "working | 15 | | environment" is not limited to a physical location an employee | 16 | | is assigned to perform his or her duties and does not require | 17 | | an employment relationship. | 18 | | (e) The Secretary of State shall adopt rules for the | 19 | | implementation of this Section. In order to provide for the | 20 | | expeditious and timely implementation of this Section, the | 21 | | Secretary of State shall adopt emergency rules under subsection | 22 | | (z) of Section 5-45 of the Illinois Administrative Procedure | 23 | | Act for the implementation of this Section no later than 60 | 24 | | days after the effective date of this amendatory Act of the | 25 | | 100th General Assembly. |
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| 1 | | (25 ILCS 170/5) | 2 | | Sec. 5. Lobbyist registration and disclosure. Every | 3 | | natural person and every entity required to
register under this | 4 | | Act shall
before any service
is performed which requires the | 5 | | natural person or entity to register, but in any event not
| 6 | | later than 2 business days after being employed or retained, | 7 | | file in the Office of the
Secretary of State a statement in a | 8 | | format prescribed by the Secretary of State containing the
| 9 | | following
information
with respect to each person or entity
| 10 | | employing, retaining, or benefitting from the services of the | 11 | | natural 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 | 7 | | under this Act shall annually submit the registration required | 8 | | by this Section on or before each January 31. The registrant | 9 | | has a continuing duty to report any substantial change or | 10 | | addition to the information contained in the registration.
| 11 | | The Secretary of State shall make all filed statements and | 12 | | amendments to statements publicly available by means of a | 13 | | searchable database that is accessible through the World Wide | 14 | | Web. The Secretary of State shall provide all software | 15 | | necessary to comply with this provision to all natural persons | 16 | | and entities required to file. The Secretary of State shall | 17 | | implement a plan to provide computer access and assistance to | 18 | | natural persons and entities required to file electronically. | 19 | | All natural persons
and entities required to register under | 20 | | this Act shall remit a single, annual, and
nonrefundable $300 | 21 | | registration fee. Each natural person required to register
| 22 | | under this Act shall submit, on an annual basis, a picture of | 23 | | the registrant. A registrant may, in lieu of submitting a
| 24 | | picture on an annual basis, authorize the Secretary of State to | 25 | | use any photo
identification available in any database | 26 | | maintained by the Secretary of State
for other purposes. Each |
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| 1 | | registration fee collected for registrations on
or after | 2 | | January 1, 2010 shall be deposited into the Lobbyist
| 3 | | Registration Administration Fund for administration and | 4 | | enforcement
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 | 9 | | Act , except for a violation of Section 4.7 or paragraph (d) of | 10 | | Section 5, shall be
guilty of a business offense and shall be | 11 | | fined not more than $10,000 for each violation. Every day that | 12 | | a report or registration is late shall constitute a separate | 13 | | violation. In determining the appropriate fine for each | 14 | | violation, the trier of fact shall consider the scope of the | 15 | | entire lobbying project, the nature of activities conducted | 16 | | during the time the person was in violation of this Act, and | 17 | | whether or not the violation was intentional or unreasonable.
| 18 | | (a-5) A violation of Section 4.7 or paragraph (d) of | 19 | | Section 5 shall be considered a violation of the State | 20 | | Officials and Employees Ethics Act, subject to the jurisdiction | 21 | | of the Executive Ethics Commission and to all penalties under | 22 | | Section 50-5 of the State Officials and Employees Ethics Act. | 23 | | (b) In addition to the penalties provided for in | 24 | | subsections subsection (a)
and (a-5) of this Section, any | 25 | | person convicted of any violation of any provision of
this Act |
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| 1 | | is prohibited for a period of three years from the date of such
| 2 | | conviction from lobbying.
| 3 | | (c) There is created in the State treasury a special fund | 4 | | to be known as
the Lobbyist Registration Administration Fund. | 5 | | All fines collected in the
enforcement of this Section shall be | 6 | | deposited into the Fund. These funds
shall, subject to | 7 | | appropriation, be used by the Office of the Secretary of
State | 8 | | for 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 | 11 | | adding 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 | 15 | | effective date of this amendatory Act of the 100th General | 16 | | Assembly, establish and maintain a sexual harassment hotline. | 17 | | The Department shall help persons who contact the Department | 18 | | through the hotline find necessary resources, including | 19 | | counseling services, and assist in the filing of sexual | 20 | | harassment complaints with the Department or other applicable | 21 | | agencies. The Department may recommend individual seek private | 22 | | counsel, but shall not make recommendations for legal | 23 | | representation. The hotline shall provide the means through | 24 | | which persons may anonymously report sexual harassment in both |
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| 1 | | private and public places of employment. In the case of a | 2 | | report of sexual harassment by a person subject to Article 20 | 3 | | or 25 of the State Officials and Employees Ethics Act, the | 4 | | Department shall, with the permission of the reporting | 5 | | individual, report the allegations to the Executive Inspector | 6 | | General or Legislative Inspector General for further | 7 | | investigation. | 8 | | (b) The Department shall advertise the hotline on its | 9 | | website and in materials related to sexual harassment, | 10 | | including posters made available to the public, and encourage | 11 | | reporting by both those who are subject to sexual harassment | 12 | | and those who have witnessed it. | 13 | | (c) All communications received by the Department via the | 14 | | hotline or Internet communication shall remain confidential | 15 | | and shall be exempt from disclosure under the Freedom of | 16 | | Information Act. | 17 | | (d) As used in this Section, "hotline" means a toll-free | 18 | | telephone with voicemail capabilities and an Internet website | 19 | | through which persons may report instances of sexual | 20 | | harassment.
| 21 | | Section 99. Effective date. This Act takes effect upon | 22 | | becoming law.
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