SB0402ham002 100TH GENERAL ASSEMBLY

Rep. Michael J. Madigan

Filed: 10/26/2017

10000SB0402ham002 LRB100 04971 JWD 30366 a

AMENDMENT TO SENATE BILL 402

AMENDMENT NO. ______. Amend Senate Bill 402, AS AMENDED, by replacing everything after the enacting clause with the following:

"Section 5. The State Officials and Employees Ethics Act is amended by changing Sections 5-5 and 70-5 and by adding Section 5-65 as follows:

(5 ILCS 430/5-5)

Sec. 5-5. Personnel policies.

(a) Each of the following shall adopt and implement personnel policies for all State employees under his, her, or its jurisdiction and control: (i) each executive branch constitutional officer, (ii) each legislative leader, (iii) the Senate Operations Commission, with respect to legislative employees under Section 4 of the General Assembly Operations Act, (iv) the Speaker of the House of Representatives, with respect to legislative employees under Section 5 of the General Assembly Operations Act, (v) the Joint Committee on Legislative Support Services, with respect to State employees of the legislative support services agencies, (vi) members of the General Assembly, with respect to legislative assistants, as provided in Section 4 of the General Assembly Compensation Act, (vii) the Auditor General, (viii) the Board of Higher Education, with respect to State employees of public institutions of higher learning except community colleges, and (ix) the Illinois Community College Board, with respect to State employees of community colleges. The Governor shall adopt and implement those policies for all State employees of the executive branch not under the jurisdiction and control of any other executive branch constitutional officer.

(b) The policies required under subsection (a) shall be filed with the appropriate ethics commission established under this Act or, for the Auditor General, with the Office of the Auditor General.

(c) The policies required under subsection (a) shall include policies relating to work time requirements, documentation of time worked, documentation for reimbursement for travel on official State business, compensation, and the earning or accrual of State benefits for all State employees who may be eligible to receive those benefits. No later than 30 days after the effective date of this Amendatory Act of the 100th General Assembly, the policies shall include a prohibition of sexual harassment, including how an individual can report allegations of sexual harassment and disciplinary action for violation of the policy. The policies shall comply with and be consistent with all other applicable laws. The policies shall require State employees to periodically submit time sheets documenting the time spent each day on official State business to the nearest quarter hour; contractual State employees may satisfy the time sheets requirement by complying with the terms of their contract, which shall provide for a means of compliance with this requirement. The policies for State employees shall require those time sheets to be submitted on paper, electronically, or both and to be maintained in either paper or electronic format by the applicable fiscal office for a period of at least 2 years.

(d) The policies required under subsection (a) shall be adopted by the applicable entity before February 1, 2004 and shall apply to State employees beginning 30 days after adoption.

(Source: P.A. 93-615, eff. 11-19-03; 93-617, eff. 12-9-03.)

(5 ILCS 430/5-65 new)

Sec. 5-65. Prohibition on sexual harassment.

(a) All persons have a right to work in an environment free from sexual harassment. All persons subject to this Act shall refrain from sexual harassment of any person. For purposes of this Section, "sexual harassment" has the meaning provided in the Illinois Human Rights Act.

(b) Beginning January 1, 2018, each officer, member, and employee must annually complete an in person sexual harassment training program conducted or approved by the appropriate jurisdictional authority or his or her designee. The training shall include a description of sexual harassment, utilizing examples. Proof of completion must be submitted to the applicable ethics officer.

(c) No later than 30 days after the effective date of this Amendatory Act of the 100th General Assembly, each ultimate jurisdictional authority shall submit to the appropriate Ethics Commission a report detailing plans for compliance with this Section for the coming year. No later than August 1, 2018, and each August 1 thereafter, each ultimate jurisdictional authority shall submit to the appropriate Ethics Commission an annual report that describes training programs completed during the previous year, the names of individuals that failed to complete the required training program, and the plan for compliance for the coming year. Each Ethics Commission shall make the reports available on its website.

(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 100th General Assembly, each governmental entity shall adopt an ordinance or resolution establishing a policy to prohibit sexual harassment, including how an individual can report allegations of sexual harassment and disciplinary action for violation of the policy. For purposes of this Section, "sexual harassment" has the meaning provided in the Illinois Human Rights Act.

(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. 95-880, eff. 8-19-08.)

Section 10. The Lobbyist Registration Act is amended by changing Section 5 and by adding Section 4.7 as follows:

(25 ILCS 170/4.7 new)

Sec. 4.7. Prohibition on sexual harassment.

(a) All persons have a right to work in an environment free from sexual harassment. All persons subject to this Act shall refrain from sexual harassment of any person.

(b) Beginning January 1, 2018, each natural person required to register as a lobbyist under this Act must complete, at least annually, a sexual harassment training program provided or approved by the Secretary of State. A natural person registered under this Act must complete the training program no later than 30 days after registration or renewal under this Act. This requirement does not apply to a lobbying entity or a client that hires a lobbyist that (i) does not have employees of the lobbying entity or client registered as lobbyists, or (ii) does not have an actual presence in Illinois.

(c) No later than January 1, 2018, each natural person and any entity required to register under this Act shall have a written sexual harassment policy that shall include, at a minimum, the following information: (i) the illegality of sexual harassment; (ii) the definition of sexual harassment; (iii) a description of sexual harassment, utilizing examples; (iv) the person or entity's internal process for receiving complaints and the process of reviewing such complaints, including any penalties or discipline for violations by employees, contractors, or lobbyists; and (v) protection against retaliation. A copy of the policy shall be provided to the Secretary of State upon request of the Secretary or his or her designee.

(d) For purposes of this Section, "sexual harassment" has the meaning provided in the Illinois Human Rights Act.

(e) The Secretary of State shall adopt rules for the implementation of this Section.

(25 ILCS 170/5)

Sec. 5. Lobbyist registration and disclosure. Every natural person and every entity required to register under this Act shall before any service is performed which requires the natural person or entity to register, but in any event not later than 2 business days after being employed or retained, file in the Office of the Secretary of State a statement in a format prescribed by the Secretary of State containing the following information with respect to each person or entity employing, retaining, or benefitting from the services of the natural person or entity required to register:

(a) The registrant's name, permanent address, e-mail address, if any, fax number, if any, business telephone number, and temporary address, if the registrant has a temporary address while lobbying.

(a-5) If the registrant is an entity, the information required under subsection (a) for each natural person associated with the registrant who will be lobbying, regardless of whether lobbying is a significant part of his or her duties.

(b) The name and address of the client or clients employing or retaining the registrant to perform such services or on whose behalf the registrant appears. If the client employing or retaining the registrant is a client registrant, the statement shall also include the name and address of the client or clients of the client registrant on whose behalf the registrant will be or anticipates performing services.

(c) A brief description of the executive, legislative, or administrative action in reference to which such service is to be rendered.

(c-5) Each executive and legislative branch agency the registrant expects to lobby during the registration period.

(c-6) The nature of the client's business, by indicating all of the following categories that apply: (1) banking and financial services, (2) manufacturing, (3) education, (4) environment, (5) healthcare, (6) insurance, (7) community interests, (8) labor, (9) public relations or advertising, (10) marketing or sales, (11) hospitality, (12) engineering, (13) information or technology products or services, (14) social services, (15) public utilities, (16) racing or wagering, (17) real estate or construction, (18) telecommunications, (19) trade or professional association, (20) travel or tourism, (21) transportation, (22) agriculture, and (23) other (setting forth the nature of that other business).

(c-7) A confirmation that the registrant has a sexual harassment policy as required by Section 4.7 of this Act, that such policy shall be made available to any individual within 2 business days upon written request (including electronic requests), that any person may contact the authorized agent of the registrant to report allegations of sexual harassment, and that the registrant recognizes the Inspector General has jurisdiction to review any allegations of sexual harassment alleged against the registrant or lobbyists hired by the registrant.

Every natural person and every entity required to register under this Act shall annually submit the registration required by this Section on or before each January 31. The registrant has a continuing duty to report any substantial change or addition to the information contained in the registration.

The Secretary of State shall make all filed statements and amendments to statements publicly available by means of a searchable database that is accessible through the World Wide Web. The Secretary of State shall provide all software necessary to comply with this provision to all natural persons and entities required to file. The Secretary of State shall implement a plan to provide computer access and assistance to natural persons and entities required to file electronically.

All natural persons and entities required to register under this Act shall remit a single, annual, and nonrefundable $300 registration fee. Each natural person required to register under this Act shall submit, on an annual basis, a picture of the registrant. A registrant may, in lieu of submitting a picture on an annual basis, authorize the Secretary of State to use any photo identification available in any database maintained by the Secretary of State for other purposes. Each registration fee collected for registrations on or after January 1, 2010 shall be deposited into the Lobbyist Registration Administration Fund for administration and enforcement of this Act.

(Source: P.A. 98-459, eff. 1-1-14.)

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