Full Text of SB0402 100th General Assembly
SB0402ham003 100TH GENERAL ASSEMBLY | 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 | 3 | | replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. The State Officials and Employees Ethics Act is | 6 | | amended by changing Sections 5-5, 20-15, 25-15, 50-5, and 70-5 | 7 | | and 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 | 11 | | personnel policies for all State employees under his, her, or | 12 | | its
jurisdiction and control: (i) each executive branch | 13 | | constitutional officer,
(ii) each legislative leader, (iii) | 14 | | the Senate Operations Commission, with
respect to legislative | 15 | | employees under Section 4 of the General Assembly
Operations | 16 | | Act, (iv) the Speaker of the House of Representatives, with |
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| 1 | | respect
to legislative employees under Section 5 of the General | 2 | | Assembly Operations
Act, (v) the Joint Committee on Legislative | 3 | | Support
Services, with respect to State employees of the | 4 | | legislative support services
agencies,
(vi) members of the | 5 | | General Assembly, with respect to legislative assistants,
as | 6 | | provided in Section 4 of the General Assembly Compensation Act,
| 7 | | (vii) the Auditor General, (viii) the Board of Higher | 8 | | Education, with respect
to
State employees of public | 9 | | institutions of higher learning except community
colleges, and | 10 | | (ix)
the Illinois Community College Board, with respect to | 11 | | State employees of
community colleges. The Governor shall adopt | 12 | | and implement
those policies for all State employees of the | 13 | | executive branch not under the
jurisdiction and control
of any | 14 | | other executive branch constitutional officer.
| 15 | | (b) The policies required under subsection (a) shall be | 16 | | filed with the
appropriate ethics commission established under | 17 | | this Act or, for the Auditor
General, with the Office of the | 18 | | Auditor General.
| 19 | | (c) The policies required under subsection (a) shall | 20 | | include
policies
relating to work time requirements, | 21 | | documentation of time worked, documentation
for reimbursement
| 22 | | for travel on official State business, compensation, and the | 23 | | earning or accrual
of State
benefits for all State employees | 24 | | who may be eligible to receive those
benefits. No later than 30 | 25 | | days after the effective date of this amendatory Act of the | 26 | | 100th General Assembly, the policies shall include a |
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| 1 | | prohibition of sexual harassment, including how an individual | 2 | | can report allegations of sexual harassment and disciplinary | 3 | | action for violation of the policy. The policies shall comply | 4 | | with and be consistent with all other
applicable laws.
The | 5 | | policies shall
require State employees to periodically submit | 6 | | time sheets
documenting
the time spent each day on official | 7 | | State business to the nearest quarter hour;
contractual State | 8 | | employees may satisfy the
time sheets
requirement by complying | 9 | | with the terms
of their contract, which shall provide for a | 10 | | means of compliance with this
requirement. The policies for | 11 | | State employees
shall require those time sheets to be submitted
| 12 | | on
paper, electronically, or both and to be maintained in | 13 | | either paper or
electronic format by the applicable fiscal
| 14 | | office for a period of at least 2 years.
| 15 | | (d) The policies required under subsection (a) shall be | 16 | | adopted by the
applicable entity before February 1, 2004 and | 17 | | shall apply to State
employees beginning 30 days after | 18 | | adoption.
| 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 | 23 | | least annually beginning in 2018, a sexual harassment training | 24 | | program. A person who fills a vacancy in an elective or | 25 | | appointed position that requires training under this Section |
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| 1 | | must complete his or her initial sexual harassment training | 2 | | program within 30 days after commencement of his or her office | 3 | | or employment. The training shall include, at a minimum, the | 4 | | following: (i) the definition, and a description, of sexual | 5 | | harassment utilizing examples; (ii) information on reporting | 6 | | allegations of sexual harassment, including options for making | 7 | | a confidential report to an ethics officer, Inspector General, | 8 | | or other entity; and (iii) the consequences of a violation of | 9 | | the prohibition on sexual harassment and the consequences for | 10 | | knowingly making a false report. Proof of completion must be | 11 | | submitted to the applicable ethics officer. Sexual harassment | 12 | | training programs shall be overseen by the appropriate Ethics | 13 | | Commission and Inspector General appointed pursuant to this | 14 | | Act. | 15 | | (b) Each ultimate jurisdictional authority shall submit to | 16 | | the applicable Ethics Commission, at least annually, or more | 17 | | frequently as required by that Commission, a report that | 18 | | summarizes the sexual harassment training program that was | 19 | | completed during the previous year, and lays out the plan for | 20 | | the training program in the coming year. The report shall | 21 | | include the names of individuals that failed to complete the | 22 | | required training program. Each Ethics Commission shall make | 23 | | the 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 | 2 | | from sexual harassment. All persons subject to this Act are | 3 | | prohibited from sexually harassing any person, regardless of | 4 | | any employment relationship or lack thereof. | 5 | | (b) For purposes of this Act, "sexual harassment" means any | 6 | | unwelcome sexual advances or requests for sexual favors or any | 7 | | conduct of a sexual nature when: (i) submission to such conduct | 8 | | is made either explicitly or implicitly a term or condition of | 9 | | an individual's employment; (ii) submission to or rejection of | 10 | | such conduct by an individual is used as the basis for | 11 | | employment decisions affecting such individual; or (iii) such | 12 | | conduct has the purpose or effect of substantially interfering | 13 | | with an individual's work performance or creating an | 14 | | intimidating, hostile, or offensive working environment. For | 15 | | purposes of this definition, the phrase "working environment" | 16 | | is not limited to a physical location an employee is assigned | 17 | | to perform his or her duties and does not require an employment | 18 | | relationship. | 19 | | (5 ILCS 430/20-15)
| 20 | | Sec. 20-15. Duties of the Executive Ethics
Commission. In | 21 | | addition to duties otherwise assigned by
law, the Executive | 22 | | Ethics 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 | 25 | | addition to
duties otherwise assigned by law, the Legislative |
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| 1 | | Ethics 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 | 18 | | person intentionally
violates any provision of Section 5-15, | 19 | | 5-30, 5-40, or 5-45 or Article 15.
| 20 | | (a-1) An ethics commission may levy an administrative fine | 21 | | for a violation of Section 5-45 of this Act of up to 3 times the | 22 | | total annual compensation that would have been obtained in | 23 | | violation of Section 5-45. | 24 | | (b) A person who intentionally violates any provision
of | 25 | | Section 5-20, 5-35, 5-50, or 5-55 is guilty of a business |
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| 1 | | offense
subject to a fine of at least $1,001 and up to $5,000.
| 2 | | (c) A person who intentionally violates any provision of | 3 | | Article 10 is
guilty of a business
offense and subject to a | 4 | | fine of at least $1,001 and up to $5,000.
| 5 | | (d) Any person who intentionally makes a
false report | 6 | | alleging a violation of any provision of this Act to an ethics
| 7 | | commission,
an inspector general,
the State Police, a State's | 8 | | Attorney, the Attorney General, or any other law
enforcement | 9 | | official is guilty of a Class A misdemeanor.
| 10 | | (e) An ethics commission may levy an administrative fine of | 11 | | up to $5,000
against any person
who violates this Act, who | 12 | | intentionally obstructs or interferes with an
investigation
| 13 | | conducted under this Act by an inspector general, or who
| 14 | | intentionally makes a false, frivolous, or bad faith | 15 | | allegation.
| 16 | | (f) In addition to any other penalty that may apply, | 17 | | whether criminal or
civil, a State employee who intentionally | 18 | | violates
any provision of Section 5-5, 5-15, 5-20, 5-30, 5-35, | 19 | | 5-45, or 5-50, Article 10,
Article 15, or Section 20-90 or | 20 | | 25-90 is subject to discipline or discharge by
the
appropriate | 21 | | ultimate
jurisdictional authority.
| 22 | | (g) Any person who violates Section 5-65 is subject to a | 23 | | fine of up to $5,000 per offense, and is subject to discipline | 24 | | or discharge by the appropriate ultimate jurisdictional | 25 | | authority. Each violation of Section 5-65 is a separate | 26 | | offense. Any penalty imposed by an ethics commission shall be |
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| 1 | | separate and distinct from any fines or penalties imposed by a | 2 | | court of law or a State or federal agency.
| 3 | | (h) Any person who violates Section 4.7 or paragraph (d) of | 4 | | Section 5 of the Lobbyist Registration Act is guilty of a | 5 | | business offense and shall be subject to a fine of up to | 6 | | $5,000. Any penalty imposed by an ethics commission shall be | 7 | | separate and distinct from any fines or penalties imposed by a | 8 | | court of law or by the Secretary of State pursuant to the | 9 | | Lobbyist 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, | 14 | | each governmental
entity other than a community college | 15 | | district, and each community college district within 6 months | 16 | | after the effective date of this amendatory Act of the 95th | 17 | | General Assembly, shall
adopt an ordinance or resolution that | 18 | | regulates, in a manner no less
restrictive than Section 5-15 | 19 | | and Article 10 of this
Act, (i) the political activities of | 20 | | officers and employees of the
governmental entity
and (ii) the | 21 | | soliciting and accepting of gifts by and the offering and | 22 | | making
of gifts to
officers and employees of the governmental | 23 | | entity.
No later than 60 days after the effective date of this | 24 | | amendatory Act of the 100th General Assembly, each governmental | 25 | | entity shall adopt an ordinance or resolution establishing a |
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| 1 | | policy to prohibit sexual harassment, including how an | 2 | | individual can report allegations of sexual harassment and | 3 | | disciplinary action for violation of the policy.
| 4 | | (b) Within 3 months after the effective date of this | 5 | | amendatory Act of the
93rd General Assembly, the Attorney | 6 | | General shall develop model ordinances
and resolutions for
the
| 7 | | purpose of this Article. The Attorney General shall advise
| 8 | | governmental
entities on their
contents and adoption.
| 9 | | (c) As used in this Article, (i) an "officer" means an | 10 | | elected or appointed
official; regardless of whether the | 11 | | official is compensated,
and (ii) an "employee" means a | 12 | | full-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 | 15 | | changing 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 | 19 | | consent of the Senate,
appoint an Inspector General for the | 20 | | purpose of detection, deterrence, and
prevention of fraud,
| 21 | | corruption, mismanagement, gross or aggravated misconduct, or | 22 | | misconduct
that may be criminal in nature in the Office of the | 23 | | Secretary of State. The
Inspector General shall serve a 5-year | 24 | | term.
If no successor is appointed and qualified upon the
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| 1 | | expiration of the Inspector General's term, the Office of | 2 | | Inspector General is
deemed vacant and the powers and duties | 3 | | under this Section may be exercised
only by an appointed and | 4 | | qualified interim Inspector General until a successor
| 5 | | Inspector General is appointed and qualified.
If the General | 6 | | Assembly is not in session when a vacancy in the Office of
| 7 | | Inspector General occurs, the Secretary of State may appoint an | 8 | | interim
Inspector General whose term shall expire 2 weeks after | 9 | | the next
regularly scheduled session day of the Senate. | 10 | | (b) The Inspector General shall have the following | 11 | | qualifications: | 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 | 24 | | recommend methods and
procedures to increase the integrity of | 25 | | the Office of the Secretary of State.
The duties of the | 26 | | Inspector General shall
supplement and not supplant the duties |
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| 1 | | of the Chief Auditor for the Secretary
of State's Office or any | 2 | | other Inspector General that may be authorized by law.
The | 3 | | Inspector General must report directly to the Secretary
of | 4 | | State. | 5 | | (d) In addition to the authority otherwise provided by this | 6 | | Section, but
only when investigating the Office of the | 7 | | Secretary of State, its employees, or
their actions for
fraud, | 8 | | corruption, mismanagement, gross or aggravated misconduct, or
| 9 | | misconduct that may be criminal in nature, the Inspector | 10 | | General 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 | 7 | | this Section, the Secretary of State Inspector General shall | 8 | | have jurisdiction to investigate complaints and allegations of | 9 | | wrongdoing by any person or entity related to the Lobbyist | 10 | | Registration Act. When investigating those complaints and | 11 | | allegations, 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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| 1 | | complaints or
information concerning the possible
existence of | 2 | | an activity constituting a violation of law, rules, or
| 3 | | regulations; mismanagement; abuse of authority; or substantial | 4 | | and specific
danger to the public health and safety. Any person
| 5 | | who knowingly files a
false
complaint or files a complaint with | 6 | | reckless disregard for the truth or the
falsity
of the facts | 7 | | underlying the complaint may be subject to discipline as set | 8 | | forth
in the rules of the Department of Personnel of the | 9 | | Secretary of State or the Inspector General may refer the | 10 | | matter to a State's Attorney or the Attorney General. | 11 | | The Inspector General may not, after receipt of a complaint | 12 | | or information, disclose the
identity of the source
without the | 13 | | consent of the source, unless the
Inspector General determines | 14 | | that
disclosure of the identity is reasonable and necessary for | 15 | | the furtherance of
the
investigation. | 16 | | Any employee who has the authority to recommend or
approve | 17 | | any personnel action or to direct others to recommend or | 18 | | approve any
personnel action may not, with respect to that | 19 | | authority, take or threaten to
take any action against any | 20 | | employee as a reprisal for making a
complaint or disclosing | 21 | | information to the Inspector General, unless the
complaint was | 22 | | made or the information disclosed with the knowledge that it | 23 | | was
false or with willful disregard for its truth or falsity. | 24 | | (f) The Inspector General must adopt rules, in accordance | 25 | | with the
provisions of the Illinois Administrative Procedure | 26 | | Act, establishing minimum
requirements for initiating, |
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| 1 | | conducting, and completing investigations. The
rules must | 2 | | establish criteria for determining, based upon the nature of | 3 | | the
allegation, the appropriate method of investigation, which | 4 | | may include, but is
not limited to, site visits, telephone | 5 | | contacts, personal interviews, or
requests for written | 6 | | responses. The rules must also clarify how the Office of
the | 7 | | Inspector General shall interact with other local, State, and | 8 | | federal law
enforcement investigations. | 9 | | Any employee of the Secretary of State subject to | 10 | | investigation or inquiry
by the Inspector General or any agent | 11 | | or representative of the Inspector
General concerning | 12 | | misconduct that is criminal in nature shall have the right
to | 13 | | be notified of the right to remain silent
during the | 14 | | investigation or inquiry and the right to be represented in the
| 15 | | investigation or inquiry by an attorney or a representative of | 16 | | a labor
organization that is
the exclusive collective | 17 | | bargaining representative of employees of the
Secretary of | 18 | | State.
Any investigation or inquiry by the Inspector General or | 19 | | any agent or
representative of the Inspector General must be | 20 | | conducted with an awareness of
the provisions of a collective | 21 | | bargaining agreement that applies to the
employees
of the | 22 | | Secretary of State and with an awareness of the rights of the | 23 | | employees
as set forth in State and federal law and applicable | 24 | | judicial decisions. Any
recommendations for discipline or any | 25 | | action taken
against any employee by the
Inspector General or | 26 | | any representative or agent of the Inspector General must
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| 1 | | comply with the provisions of the collective bargaining | 2 | | agreement that applies
to the employee. | 3 | | (g) On or before January 1 of each year, the Inspector | 4 | | General shall report
to the President of the Senate, the | 5 | | Minority Leader of the Senate, the Speaker
of the House of | 6 | | Representatives, and the Minority Leader of the House of
| 7 | | Representatives on the types of investigations and the | 8 | | activities undertaken by
the Office of the Inspector General | 9 | | during 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 | 12 | | changing Sections 5 and 10 and by adding Section 4.7 as | 13 | | follows: | 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 | 17 | | free from sexual harassment. All persons subject to this Act | 18 | | shall refrain from sexual harassment of any person. | 19 | | (b) Beginning January 1, 2018, each natural person required | 20 | | to register as a lobbyist under this Act must complete, at | 21 | | least annually, a sexual harassment training program provided | 22 | | by the Secretary of State. A natural person registered under | 23 | | this Act must complete the training program no later than 30 | 24 | | days after registration or renewal under this Act. This |
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| 1 | | requirement does not apply to a lobbying entity or a client | 2 | | that hires a lobbyist that (i) does not have employees of the | 3 | | lobbying entity or client registered as lobbyists, or (ii) does | 4 | | not have an actual presence in Illinois. | 5 | | (c) No later than January 1, 2018, each natural person and | 6 | | any entity required to register under this Act shall have a | 7 | | written sexual harassment policy that shall include, at a | 8 | | minimum, the following information: (i) the illegality of | 9 | | sexual 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 | 12 | | complaints and the process of reviewing such complaints, | 13 | | including any penalties or discipline for violations by | 14 | | employees, contractors, or lobbyists; and (v) protection | 15 | | against retaliation. A copy of the policy shall be provided to | 16 | | the Secretary of State upon request of the Secretary or his or | 17 | | her designee. | 18 | | (d) For purposes of this Act, "sexual harassment" means any | 19 | | unwelcome sexual advances or requests for sexual favors or any | 20 | | conduct of a sexual nature when: (i) submission to such conduct | 21 | | is made either explicitly or implicitly a term or condition of | 22 | | an individual's employment; (ii) submission to or rejection of | 23 | | such conduct by an individual is used as the basis for | 24 | | employment decisions affecting such individual; or (iii) such | 25 | | conduct has the purpose or effect of substantially interfering | 26 | | with an individual's work performance or creating an |
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| 1 | | intimidating, hostile, or offensive working environment. For | 2 | | the purposes of this definition, the phrase "working | 3 | | environment" is not limited to a physical location an employee | 4 | | is assigned to perform his or her duties and does not require | 5 | | an employment relationship. | 6 | | (e) The Secretary of State shall adopt rules for the | 7 | | implementation of this Section. | 8 | | (25 ILCS 170/5) | 9 | | Sec. 5. Lobbyist registration and disclosure. Every | 10 | | natural person and every entity required to
register under this | 11 | | Act shall
before any service
is performed which requires the | 12 | | natural person or entity to register, but in any event not
| 13 | | later than 2 business days after being employed or retained, | 14 | | file in the Office of the
Secretary of State a statement in a | 15 | | format prescribed by the Secretary of State containing the
| 16 | | following
information
with respect to each person or entity
| 17 | | employing, retaining, or benefitting from the services of the | 18 | | natural 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
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| 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 | 15 | | under this Act shall annually submit the registration required | 16 | | by this Section on or before each January 31. The registrant | 17 | | has a continuing duty to report any substantial change or | 18 | | addition to the information contained in the registration.
| 19 | | The Secretary of State shall make all filed statements and | 20 | | amendments to statements publicly available by means of a | 21 | | searchable database that is accessible through the World Wide | 22 | | Web. The Secretary of State shall provide all software | 23 | | necessary to comply with this provision to all natural persons | 24 | | and entities required to file. The Secretary of State shall | 25 | | implement a plan to provide computer access and assistance to | 26 | | natural persons and entities required to file electronically. |
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| 1 | | All natural persons
and entities required to register under | 2 | | this Act shall remit a single, annual, and
nonrefundable $300 | 3 | | registration fee. Each natural person required to register
| 4 | | under this Act shall submit, on an annual basis, a picture of | 5 | | the registrant. A registrant may, in lieu of submitting a
| 6 | | picture on an annual basis, authorize the Secretary of State to | 7 | | use any photo
identification available in any database | 8 | | maintained by the Secretary of State
for other purposes. Each | 9 | | registration fee collected for registrations on
or after | 10 | | January 1, 2010 shall be deposited into the Lobbyist
| 11 | | Registration Administration Fund for administration and | 12 | | enforcement
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 | 17 | | Act , except for a violation of Section 4.7 or paragraph (d) of | 18 | | Section 5, shall be
guilty of a business offense and shall be | 19 | | fined not more than $10,000 for each violation. Every day that | 20 | | a report or registration is late shall constitute a separate | 21 | | violation. In determining the appropriate fine for each | 22 | | violation, the trier of fact shall consider the scope of the | 23 | | entire lobbying project, the nature of activities conducted | 24 | | during the time the person was in violation of this Act, and | 25 | | whether 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 | 2 | | Section 5 shall be considered a violation of the State | 3 | | Officials and Employees Ethics Act, subject to the jurisdiction | 4 | | of the Executive Ethics Commission and to all penalties under | 5 | | Section 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 | 8 | | any provision of
this Act is prohibited for a period of three | 9 | | years from the date of such
conviction from lobbying.
| 10 | | (c) There is created in the State treasury a special fund | 11 | | to be known as
the Lobbyist Registration Administration Fund. | 12 | | All fines collected in the
enforcement of this Section shall be | 13 | | deposited into the Fund. These funds
shall, subject to | 14 | | appropriation, be used by the Office of the Secretary of
State | 15 | | for 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 | 18 | | becoming law.".
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