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Full Text of SB0402  100th General Assembly

SB0402ham004 100TH GENERAL ASSEMBLY

Rep. Michael J. Madigan

Filed: 11/6/2017

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 402

2    AMENDMENT NO. ______. Amend Senate Bill 402, AS AMENDED, by
3replacing everything after the enacting clause with the
4following:
 
5    "Section 5. The Illinois Administrative Procedure Act is
6amended by changing Section 5-45 as follows:
 
7    (5 ILCS 100/5-45)  (from Ch. 127, par. 1005-45)
8    Sec. 5-45. Emergency rulemaking.
9    (a) "Emergency" means the existence of any situation that
10any agency finds reasonably constitutes a threat to the public
11interest, safety, or welfare.
12    (b) If any agency finds that an emergency exists that
13requires adoption of a rule upon fewer days than is required by
14Section 5-40 and states in writing its reasons for that
15finding, the agency may adopt an emergency rule without prior
16notice or hearing upon filing a notice of emergency rulemaking

 

 

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1with the Secretary of State under Section 5-70. The notice
2shall include the text of the emergency rule and shall be
3published in the Illinois Register. Consent orders or other
4court orders adopting settlements negotiated by an agency may
5be adopted under this Section. Subject to applicable
6constitutional or statutory provisions, an emergency rule
7becomes effective immediately upon filing under Section 5-65 or
8at a stated date less than 10 days thereafter. The agency's
9finding and a statement of the specific reasons for the finding
10shall be filed with the rule. The agency shall take reasonable
11and appropriate measures to make emergency rules known to the
12persons who may be affected by them.
13    (c) An emergency rule may be effective for a period of not
14longer than 150 days, but the agency's authority to adopt an
15identical rule under Section 5-40 is not precluded. No
16emergency rule may be adopted more than once in any 24-month
17period, except that this limitation on the number of emergency
18rules that may be adopted in a 24-month period does not apply
19to (i) emergency rules that make additions to and deletions
20from the Drug Manual under Section 5-5.16 of the Illinois
21Public Aid Code or the generic drug formulary under Section
223.14 of the Illinois Food, Drug and Cosmetic Act, (ii)
23emergency rules adopted by the Pollution Control Board before
24July 1, 1997 to implement portions of the Livestock Management
25Facilities Act, (iii) emergency rules adopted by the Illinois
26Department of Public Health under subsections (a) through (i)

 

 

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1of Section 2 of the Department of Public Health Act when
2necessary to protect the public's health, (iv) emergency rules
3adopted pursuant to subsection (n) of this Section, (v)
4emergency rules adopted pursuant to subsection (o) of this
5Section, or (vi) emergency rules adopted pursuant to subsection
6(c-5) of this Section. Two or more emergency rules having
7substantially the same purpose and effect shall be deemed to be
8a single rule for purposes of this Section.
9    (c-5) To facilitate the maintenance of the program of group
10health benefits provided to annuitants, survivors, and retired
11employees under the State Employees Group Insurance Act of
121971, rules to alter the contributions to be paid by the State,
13annuitants, survivors, retired employees, or any combination
14of those entities, for that program of group health benefits,
15shall be adopted as emergency rules. The adoption of those
16rules shall be considered an emergency and necessary for the
17public interest, safety, and welfare.
18    (d) In order to provide for the expeditious and timely
19implementation of the State's fiscal year 1999 budget,
20emergency rules to implement any provision of Public Act 90-587
21or 90-588 or any other budget initiative for fiscal year 1999
22may be adopted in accordance with this Section by the agency
23charged with administering that provision or initiative,
24except that the 24-month limitation on the adoption of
25emergency rules and the provisions of Sections 5-115 and 5-125
26do not apply to rules adopted under this subsection (d). The

 

 

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1adoption of emergency rules authorized by this subsection (d)
2shall be deemed to be necessary for the public interest,
3safety, and welfare.
4    (e) In order to provide for the expeditious and timely
5implementation of the State's fiscal year 2000 budget,
6emergency rules to implement any provision of Public Act 91-24
7or any other budget initiative for fiscal year 2000 may be
8adopted in accordance with this Section by the agency charged
9with administering that provision or initiative, except that
10the 24-month limitation on the adoption of emergency rules and
11the provisions of Sections 5-115 and 5-125 do not apply to
12rules adopted under this subsection (e). The adoption of
13emergency rules authorized by this subsection (e) shall be
14deemed to be necessary for the public interest, safety, and
15welfare.
16    (f) In order to provide for the expeditious and timely
17implementation of the State's fiscal year 2001 budget,
18emergency rules to implement any provision of Public Act 91-712
19or any other budget initiative for fiscal year 2001 may be
20adopted in accordance with this Section by the agency charged
21with administering that provision or initiative, except that
22the 24-month limitation on the adoption of emergency rules and
23the provisions of Sections 5-115 and 5-125 do not apply to
24rules adopted under this subsection (f). The adoption of
25emergency rules authorized by this subsection (f) shall be
26deemed to be necessary for the public interest, safety, and

 

 

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1welfare.
2    (g) In order to provide for the expeditious and timely
3implementation of the State's fiscal year 2002 budget,
4emergency rules to implement any provision of Public Act 92-10
5or any other budget initiative for fiscal year 2002 may be
6adopted in accordance with this Section by the agency charged
7with administering that provision or initiative, except that
8the 24-month limitation on the adoption of emergency rules and
9the provisions of Sections 5-115 and 5-125 do not apply to
10rules adopted under this subsection (g). The adoption of
11emergency rules authorized by this subsection (g) shall be
12deemed to be necessary for the public interest, safety, and
13welfare.
14    (h) In order to provide for the expeditious and timely
15implementation of the State's fiscal year 2003 budget,
16emergency rules to implement any provision of Public Act 92-597
17or any other budget initiative for fiscal year 2003 may be
18adopted in accordance with this Section by the agency charged
19with administering that provision or initiative, except that
20the 24-month limitation on the adoption of emergency rules and
21the provisions of Sections 5-115 and 5-125 do not apply to
22rules adopted under this subsection (h). The adoption of
23emergency rules authorized by this subsection (h) shall be
24deemed to be necessary for the public interest, safety, and
25welfare.
26    (i) In order to provide for the expeditious and timely

 

 

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1implementation of the State's fiscal year 2004 budget,
2emergency rules to implement any provision of Public Act 93-20
3or any other budget initiative for fiscal year 2004 may be
4adopted in accordance with this Section by the agency charged
5with administering that provision or initiative, except that
6the 24-month limitation on the adoption of emergency rules and
7the provisions of Sections 5-115 and 5-125 do not apply to
8rules adopted under this subsection (i). The adoption of
9emergency rules authorized by this subsection (i) shall be
10deemed to be necessary for the public interest, safety, and
11welfare.
12    (j) In order to provide for the expeditious and timely
13implementation of the provisions of the State's fiscal year
142005 budget as provided under the Fiscal Year 2005 Budget
15Implementation (Human Services) Act, emergency rules to
16implement any provision of the Fiscal Year 2005 Budget
17Implementation (Human Services) Act may be adopted in
18accordance with this Section by the agency charged with
19administering that provision, except that the 24-month
20limitation on the adoption of emergency rules and the
21provisions of Sections 5-115 and 5-125 do not apply to rules
22adopted under this subsection (j). The Department of Public Aid
23may also adopt rules under this subsection (j) necessary to
24administer the Illinois Public Aid Code and the Children's
25Health Insurance Program Act. The adoption of emergency rules
26authorized by this subsection (j) shall be deemed to be

 

 

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1necessary for the public interest, safety, and welfare.
2    (k) In order to provide for the expeditious and timely
3implementation of the provisions of the State's fiscal year
42006 budget, emergency rules to implement any provision of
5Public Act 94-48 or any other budget initiative for fiscal year
62006 may be adopted in accordance with this Section by the
7agency charged with administering that provision or
8initiative, except that the 24-month limitation on the adoption
9of emergency rules and the provisions of Sections 5-115 and
105-125 do not apply to rules adopted under this subsection (k).
11The Department of Healthcare and Family Services may also adopt
12rules under this subsection (k) necessary to administer the
13Illinois Public Aid Code, the Senior Citizens and Persons with
14Disabilities Property Tax Relief Act, the Senior Citizens and
15Disabled Persons Prescription Drug Discount Program Act (now
16the Illinois Prescription Drug Discount Program Act), and the
17Children's Health Insurance Program Act. The adoption of
18emergency rules authorized by this subsection (k) shall be
19deemed to be necessary for the public interest, safety, and
20welfare.
21    (l) In order to provide for the expeditious and timely
22implementation of the provisions of the State's fiscal year
232007 budget, the Department of Healthcare and Family Services
24may adopt emergency rules during fiscal year 2007, including
25rules effective July 1, 2007, in accordance with this
26subsection to the extent necessary to administer the

 

 

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1Department's responsibilities with respect to amendments to
2the State plans and Illinois waivers approved by the federal
3Centers for Medicare and Medicaid Services necessitated by the
4requirements of Title XIX and Title XXI of the federal Social
5Security Act. The adoption of emergency rules authorized by
6this subsection (l) shall be deemed to be necessary for the
7public interest, safety, and welfare.
8    (m) In order to provide for the expeditious and timely
9implementation of the provisions of the State's fiscal year
102008 budget, the Department of Healthcare and Family Services
11may adopt emergency rules during fiscal year 2008, including
12rules effective July 1, 2008, in accordance with this
13subsection to the extent necessary to administer the
14Department's responsibilities with respect to amendments to
15the State plans and Illinois waivers approved by the federal
16Centers for Medicare and Medicaid Services necessitated by the
17requirements of Title XIX and Title XXI of the federal Social
18Security Act. The adoption of emergency rules authorized by
19this subsection (m) shall be deemed to be necessary for the
20public interest, safety, and welfare.
21    (n) In order to provide for the expeditious and timely
22implementation of the provisions of the State's fiscal year
232010 budget, emergency rules to implement any provision of
24Public Act 96-45 or any other budget initiative authorized by
25the 96th General Assembly for fiscal year 2010 may be adopted
26in accordance with this Section by the agency charged with

 

 

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1administering that provision or initiative. The adoption of
2emergency rules authorized by this subsection (n) shall be
3deemed to be necessary for the public interest, safety, and
4welfare. The rulemaking authority granted in this subsection
5(n) shall apply only to rules promulgated during Fiscal Year
62010.
7    (o) In order to provide for the expeditious and timely
8implementation of the provisions of the State's fiscal year
92011 budget, emergency rules to implement any provision of
10Public Act 96-958 or any other budget initiative authorized by
11the 96th General Assembly for fiscal year 2011 may be adopted
12in accordance with this Section by the agency charged with
13administering that provision or initiative. The adoption of
14emergency rules authorized by this subsection (o) is deemed to
15be necessary for the public interest, safety, and welfare. The
16rulemaking authority granted in this subsection (o) applies
17only to rules promulgated on or after July 1, 2010 (the
18effective date of Public Act 96-958) through June 30, 2011.
19    (p) In order to provide for the expeditious and timely
20implementation of the provisions of Public Act 97-689,
21emergency rules to implement any provision of Public Act 97-689
22may be adopted in accordance with this subsection (p) by the
23agency charged with administering that provision or
24initiative. The 150-day limitation of the effective period of
25emergency rules does not apply to rules adopted under this
26subsection (p), and the effective period may continue through

 

 

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1June 30, 2013. The 24-month limitation on the adoption of
2emergency rules does not apply to rules adopted under this
3subsection (p). The adoption of emergency rules authorized by
4this subsection (p) is deemed to be necessary for the public
5interest, safety, and welfare.
6    (q) In order to provide for the expeditious and timely
7implementation of the provisions of Articles 7, 8, 9, 11, and
812 of Public Act 98-104, emergency rules to implement any
9provision of Articles 7, 8, 9, 11, and 12 of Public Act 98-104
10may be adopted in accordance with this subsection (q) by the
11agency charged with administering that provision or
12initiative. The 24-month limitation on the adoption of
13emergency rules does not apply to rules adopted under this
14subsection (q). The adoption of emergency rules authorized by
15this subsection (q) is deemed to be necessary for the public
16interest, safety, and welfare.
17    (r) In order to provide for the expeditious and timely
18implementation of the provisions of Public Act 98-651,
19emergency rules to implement Public Act 98-651 may be adopted
20in accordance with this subsection (r) by the Department of
21Healthcare and Family Services. The 24-month limitation on the
22adoption of emergency rules does not apply to rules adopted
23under this subsection (r). The adoption of emergency rules
24authorized by this subsection (r) is deemed to be necessary for
25the public interest, safety, and welfare.
26    (s) In order to provide for the expeditious and timely

 

 

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1implementation of the provisions of Sections 5-5b.1 and 5A-2 of
2the Illinois Public Aid Code, emergency rules to implement any
3provision of Section 5-5b.1 or Section 5A-2 of the Illinois
4Public Aid Code may be adopted in accordance with this
5subsection (s) by the Department of Healthcare and Family
6Services. The rulemaking authority granted in this subsection
7(s) shall apply only to those rules adopted prior to July 1,
82015. Notwithstanding any other provision of this Section, any
9emergency rule adopted under this subsection (s) shall only
10apply to payments made for State fiscal year 2015. The adoption
11of emergency rules authorized by this subsection (s) is deemed
12to be necessary for the public interest, safety, and welfare.
13    (t) In order to provide for the expeditious and timely
14implementation of the provisions of Article II of Public Act
1599-6, emergency rules to implement the changes made by Article
16II of Public Act 99-6 to the Emergency Telephone System Act may
17be adopted in accordance with this subsection (t) by the
18Department of State Police. The rulemaking authority granted in
19this subsection (t) shall apply only to those rules adopted
20prior to July 1, 2016. The 24-month limitation on the adoption
21of emergency rules does not apply to rules adopted under this
22subsection (t). The adoption of emergency rules authorized by
23this subsection (t) is deemed to be necessary for the public
24interest, safety, and welfare.
25    (u) In order to provide for the expeditious and timely
26implementation of the provisions of the Burn Victims Relief

 

 

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1Act, emergency rules to implement any provision of the Act may
2be adopted in accordance with this subsection (u) by the
3Department of Insurance. The rulemaking authority granted in
4this subsection (u) shall apply only to those rules adopted
5prior to December 31, 2015. The adoption of emergency rules
6authorized by this subsection (u) is deemed to be necessary for
7the public interest, safety, and welfare.
8    (v) In order to provide for the expeditious and timely
9implementation of the provisions of Public Act 99-516,
10emergency rules to implement Public Act 99-516 may be adopted
11in accordance with this subsection (v) by the Department of
12Healthcare and Family Services. The 24-month limitation on the
13adoption of emergency rules does not apply to rules adopted
14under this subsection (v). The adoption of emergency rules
15authorized by this subsection (v) is deemed to be necessary for
16the public interest, safety, and welfare.
17    (w) In order to provide for the expeditious and timely
18implementation of the provisions of Public Act 99-796,
19emergency rules to implement the changes made by Public Act
2099-796 may be adopted in accordance with this subsection (w) by
21the Adjutant General. The adoption of emergency rules
22authorized by this subsection (w) is deemed to be necessary for
23the public interest, safety, and welfare.
24    (x) In order to provide for the expeditious and timely
25implementation of the provisions of Public Act 99-906,
26emergency rules to implement subsection (i) of Section 16-115D,

 

 

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1subsection (g) of Section 16-128A, and subsection (a) of
2Section 16-128B of the Public Utilities Act may be adopted in
3accordance with this subsection (x) by the Illinois Commerce
4Commission. The rulemaking authority granted in this
5subsection (x) shall apply only to those rules adopted within
6180 days after June 1, 2017 (the effective date of Public Act
799-906). The adoption of emergency rules authorized by this
8subsection (x) is deemed to be necessary for the public
9interest, safety, and welfare.
10    (y) In order to provide for the expeditious and timely
11implementation of the provisions of this amendatory Act of the
12100th General Assembly, emergency rules to implement the
13changes made by this amendatory Act of the 100th General
14Assembly to Section 4.02 of the Illinois Act on Aging, Sections
155.5.4 and 5-5.4i of the Illinois Public Aid Code, Section 55-30
16of the Alcoholism and Other Drug Abuse and Dependency Act, and
17Sections 74 and 75 of the Mental Health and Developmental
18Disabilities Administrative Act may be adopted in accordance
19with this subsection (y) by the respective Department. The
20adoption of emergency rules authorized by this subsection (y)
21is deemed to be necessary for the public interest, safety, and
22welfare.
23    (z) In order to provide for the expeditious and timely
24implementation of the provisions of this amendatory Act of the
25100th General Assembly, emergency rules to implement the
26changes made by this amendatory Act of the 100th General

 

 

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1Assembly to Section 4.7 of the Lobbyist Registration Act may be
2adopted in accordance with this subsection (z) by the Secretary
3of State. The adoption of emergency rules authorized by this
4subsection (z) is deemed to be necessary for the public
5interest, safety, and welfare.
6(Source: P.A. 99-2, eff. 3-26-15; 99-6, eff. 1-1-16; 99-143,
7eff. 7-27-15; 99-455, eff. 1-1-16; 99-516, eff. 6-30-16;
899-642, eff. 7-28-16; 99-796, eff. 1-1-17; 99-906, eff. 6-1-17;
9100-23, eff. 7-6-17.)
 
10    Section 10. The State Officials and Employees Ethics Act is
11amended by changing Sections 5-5, 20-15, 25-15, 50-5, and 70-5
12and by adding Sections 5-10.5 and 5-65 as follows:
 
13    (5 ILCS 430/5-5)
14    Sec. 5-5. Personnel policies.
15    (a) Each of the following shall adopt and implement
16personnel policies for all State employees under his, her, or
17its jurisdiction and control: (i) each executive branch
18constitutional officer, (ii) each legislative leader, (iii)
19the Senate Operations Commission, with respect to legislative
20employees under Section 4 of the General Assembly Operations
21Act, (iv) the Speaker of the House of Representatives, with
22respect to legislative employees under Section 5 of the General
23Assembly Operations Act, (v) the Joint Committee on Legislative
24Support Services, with respect to State employees of the

 

 

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1legislative support services agencies, (vi) members of the
2General Assembly, with respect to legislative assistants, as
3provided in Section 4 of the General Assembly Compensation Act,
4(vii) the Auditor General, (viii) the Board of Higher
5Education, with respect to State employees of public
6institutions of higher learning except community colleges, and
7(ix) the Illinois Community College Board, with respect to
8State employees of community colleges. The Governor shall adopt
9and implement those policies for all State employees of the
10executive branch not under the jurisdiction and control of any
11other executive branch constitutional officer.
12    (b) The policies required under subsection (a) shall be
13filed with the appropriate ethics commission established under
14this Act or, for the Auditor General, with the Office of the
15Auditor General.
16    (c) The policies required under subsection (a) shall
17include policies relating to work time requirements,
18documentation of time worked, documentation for reimbursement
19for travel on official State business, compensation, and the
20earning or accrual of State benefits for all State employees
21who may be eligible to receive those benefits. No later than 30
22days after the effective date of this amendatory Act of the
23100th General Assembly, the policies shall include, at a
24minimum: (i) a prohibition on sexual harassment; (ii) details
25on how an individual can report an allegation of sexual
26harassment, including options for making a confidential report

 

 

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1to a supervisor, ethics officer, Inspector General, or the
2Department of Human Rights; (iii) a prohibition on retaliation
3for reporting sexual harassment allegations, including
4availability of whistleblower protections under this Act, the
5Whistleblower Act, and the Illinois Human Rights Act; and (iv)
6the consequences of a violation of the prohibition on sexual
7harassment and the consequences for knowingly making a false
8report. The policies shall comply with and be consistent with
9all other applicable laws. The policies shall require State
10employees to periodically submit time sheets documenting the
11time spent each day on official State business to the nearest
12quarter hour; contractual State employees may satisfy the time
13sheets requirement by complying with the terms of their
14contract, which shall provide for a means of compliance with
15this requirement. The policies for State employees shall
16require those time sheets to be submitted on paper,
17electronically, or both and to be maintained in either paper or
18electronic format by the applicable fiscal office for a period
19of at least 2 years.
20    (d) The policies required under subsection (a) shall be
21adopted by the applicable entity before February 1, 2004 and
22shall apply to State employees beginning 30 days after
23adoption.
24(Source: P.A. 93-615, eff. 11-19-03; 93-617, eff. 12-9-03.)
 
25    (5 ILCS 430/5-10.5 new)

 

 

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1    Sec. 5-10.5. Sexual harassment training.
2    (a) Each officer, member, and employee must complete, at
3least annually beginning in 2018, a sexual harassment training
4program. A person who fills a vacancy in an elective or
5appointed position that requires training under this Section
6must complete his or her initial sexual harassment training
7program within 30 days after commencement of his or her office
8or employment. The training shall include, at a minimum, the
9following: (i) the definition, and a description, of sexual
10harassment utilizing examples; (ii) details on how an
11individual can report an allegation of sexual harassment,
12including options for making a confidential report to a
13supervisor, ethics officer, Inspector General, or the
14Department of Human Rights; (iii) the definition, and
15description of, retaliation for reporting sexual harassment
16allegations utilizing examples, including availability of
17whistleblower protections under this Act, the Whistleblower
18Act, and the Illinois Human Rights Act; and (iv) the
19consequences of a violation of the prohibition on sexual
20harassment and the consequences for knowingly making a false
21report. Proof of completion must be submitted to the applicable
22ethics officer. Sexual harassment training programs shall be
23overseen by the appropriate Ethics Commission and Inspector
24General appointed under this Act.
25    (b) Each ultimate jurisdictional authority shall submit to
26the applicable Ethics Commission, at least annually, or more

 

 

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1frequently as required by that Commission, a report that
2summarizes the sexual harassment training program that was
3completed during the previous year, and lays out the plan for
4the training program in the coming year. The report shall
5include the names of individuals that failed to complete the
6required training program. Each Ethics Commission shall make
7the reports available on its website.
 
8    (5 ILCS 430/5-65 new)
9    Sec. 5-65. Prohibition on sexual harassment.
10    (a) All persons have a right to work in an environment free
11from sexual harassment. All persons subject to this Act are
12prohibited from sexually harassing any person, regardless of
13any employment relationship or lack thereof.
14    (b) For purposes of this Act, "sexual harassment" means any
15unwelcome sexual advances or requests for sexual favors or any
16conduct of a sexual nature when: (i) submission to such conduct
17is made either explicitly or implicitly a term or condition of
18an individual's employment; (ii) submission to or rejection of
19such conduct by an individual is used as the basis for
20employment decisions affecting such individual; or (iii) such
21conduct has the purpose or effect of substantially interfering
22with an individual's work performance or creating an
23intimidating, hostile, or offensive working environment. For
24purposes of this definition, the phrase "working environment"
25is not limited to a physical location an employee is assigned

 

 

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1to perform his or her duties and does not require an employment
2relationship.
 
3    (5 ILCS 430/20-15)
4    Sec. 20-15. Duties of the Executive Ethics Commission. In
5addition to duties otherwise assigned by law, the Executive
6Ethics Commission shall have the following duties:
7        (1) To promulgate rules governing the performance of
8    its duties and the exercise of its powers and governing the
9    investigations of the Executive Inspectors General. It is
10    declared to be in the public interest, safety, and welfare
11    that the Commission adopt emergency rules under the
12    Illinois Administrative Procedure Act to initially perform
13    its duties under this subsection.
14        (2) To conduct administrative hearings and rule on
15    matters brought before the Commission only upon the receipt
16    of pleadings filed by an Executive Inspector General, or
17    upon receipt of summaries of reviews submitted by the
18    Inspector General for the Secretary of State under
19    subsection (d-5) of Section 14 of the Secretary of State
20    Act, and not upon its own prerogative, but may appoint
21    special Executive Inspectors General as provided in
22    Section 20-21. Any other allegations of misconduct
23    received by the Commission from a person other than an
24    Executive Inspector General shall be referred to the Office
25    of the appropriate Executive Inspector General.

 

 

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1        (3) To prepare and publish manuals and guides and,
2    working with the Office of the Attorney General, oversee
3    training of employees under its jurisdiction that explains
4    their duties.
5        (4) To prepare public information materials to
6    facilitate compliance, implementation, and enforcement of
7    this Act.
8        (5) To submit reports as required by this Act.
9        (6) To the extent authorized by this Act, to make
10    rulings, issue recommendations, and impose administrative
11    fines, if appropriate, in connection with the
12    implementation and interpretation of this Act. The powers
13    and duties of the Commission are limited to matters clearly
14    within the purview of this Act, and include authority over
15    allegations that an individual required to be registered
16    under the Lobbyist Registration Act has committed an act of
17    sexual harassment, as set forth in any summaries of reviews
18    of such allegations submitted to the Commission by the
19    Inspector General for the Secretary of State.
20        (7) To issue subpoenas with respect to matters pending
21    before the Commission, subject to the provisions of this
22    Article and in the discretion of the Commission, to compel
23    the attendance of witnesses for purposes of testimony and
24    the production of documents and other items for inspection
25    and copying.
26        (8) To appoint special Executive Inspectors General as

 

 

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1    provided in Section 20-21.
2        (9) To conspicuously display on the Commission's
3    website the procedures for reporting a violation of this
4    Act, including how to report violations via email or
5    online.
6(Source: P.A. 93-617, eff. 12-9-03.)
 
7    (5 ILCS 430/25-15)
8    Sec. 25-15. Duties of the Legislative Ethics Commission. In
9addition to duties otherwise assigned by law, the Legislative
10Ethics Commission shall have the following duties:
11        (1) To promulgate rules governing the performance of
12    its duties and the exercise of its powers and governing the
13    investigations of the Legislative Inspector General.
14        (2) To conduct administrative hearings and rule on
15    matters brought before the Commission only upon the receipt
16    of pleadings filed by the Legislative Inspector General and
17    not upon its own prerogative, but may appoint special
18    Legislative Inspectors General as provided in Section
19    25-21. Any other allegations of misconduct received by the
20    Commission from a person other than the Legislative
21    Inspector General shall be referred to the Office of the
22    Legislative Inspector General.
23        (3) To prepare and publish manuals and guides and,
24    working with the Office of the Attorney General, oversee
25    training of employees under its jurisdiction that explains

 

 

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1    their duties.
2        (4) To prepare public information materials to
3    facilitate compliance, implementation, and enforcement of
4    this Act.
5        (5) To submit reports as required by this Act.
6        (6) To the extent authorized by this Act, to make
7    rulings, issue recommendations, and impose administrative
8    fines, if appropriate, in connection with the
9    implementation and interpretation of this Act. The powers
10    and duties of the Commission are limited to matters clearly
11    within the purview of this Act.
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 Legislative Inspectors General
19    as provided in Section 25-21.
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 430/50-5)

 

 

10000SB0402ham004- 23 -LRB100 04971 JWD 30605 a

1    Sec. 50-5. Penalties.
2    (a) A person is guilty of a Class A misdemeanor if that
3person intentionally violates any provision of Section 5-15,
45-30, 5-40, or 5-45 or Article 15.
5    (a-1) An ethics commission may levy an administrative fine
6for a violation of Section 5-45 of this Act of up to 3 times the
7total annual compensation that would have been obtained in
8violation of Section 5-45.
9    (b) A person who intentionally violates any provision of
10Section 5-20, 5-35, 5-50, or 5-55 is guilty of a business
11offense subject to a fine of at least $1,001 and up to $5,000.
12    (c) A person who intentionally violates any provision of
13Article 10 is guilty of a business offense and subject to a
14fine of at least $1,001 and up to $5,000.
15    (d) Any person who intentionally makes a false report
16alleging a violation of any provision of this Act to an ethics
17commission, an inspector general, the State Police, a State's
18Attorney, the Attorney General, or any other law enforcement
19official is guilty of a Class A misdemeanor.
20    (e) An ethics commission may levy an administrative fine of
21up to $5,000 against any person who violates this Act, who
22intentionally obstructs or interferes with an investigation
23conducted under this Act by an inspector general, or who
24intentionally makes a false, frivolous, or bad faith
25allegation.
26    (f) In addition to any other penalty that may apply,

 

 

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1whether criminal or civil, a State employee who intentionally
2violates any provision of Section 5-5, 5-15, 5-20, 5-30, 5-35,
35-45, or 5-50, Article 10, Article 15, or Section 20-90 or
425-90 is subject to discipline or discharge by the appropriate
5ultimate jurisdictional authority.
6    (g) Any person who violates Section 5-65 is subject to a
7fine of up to $5,000 per offense, and is subject to discipline
8or discharge by the appropriate ultimate jurisdictional
9authority. Each violation of Section 5-65 is a separate
10offense. Any penalty imposed by an ethics commission shall be
11separate and distinct from any fines or penalties imposed by a
12court of law or a State or federal agency.
13    (h) Any person who violates Section 4.7 or paragraph (d) of
14Section 5 of the Lobbyist Registration Act is guilty of a
15business offense and shall be subject to a fine of up to
16$5,000. Any penalty imposed by an ethics commission shall be
17separate and distinct from any fines or penalties imposed by a
18court of law or by the Secretary of State under the Lobbyist
19Registration Act.
20(Source: P.A. 96-555, eff. 8-18-09.)
 
21    (5 ILCS 430/70-5)
22    Sec. 70-5. Adoption by governmental entities.
23    (a) Within 6 months after the effective date of this Act,
24each governmental entity other than a community college
25district, and each community college district within 6 months

 

 

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1after the effective date of this amendatory Act of the 95th
2General Assembly, shall adopt an ordinance or resolution that
3regulates, in a manner no less restrictive than Section 5-15
4and Article 10 of this Act, (i) the political activities of
5officers and employees of the governmental entity and (ii) the
6soliciting and accepting of gifts by and the offering and
7making of gifts to officers and employees of the governmental
8entity. No later than 60 days after the effective date of this
9amendatory Act of the 100th General Assembly, each governmental
10unit shall adopt an ordinance or resolution establishing a
11policy to prohibit sexual harassment. The policy shall include,
12at a minimum: (i) a prohibition on sexual harassment; (ii)
13details on how an individual can report an allegation of sexual
14harassment, including options for making a confidential report
15to a supervisor, ethics officer, Inspector General, or the
16Department of Human Rights; (iii) a prohibition on retaliation
17for reporting sexual harassment allegations, including
18availability of whistleblower protections under this Act, the
19Whistleblower Act, and the Illinois Human Rights Act; and (iv)
20the consequences of a violation of the prohibition on sexual
21harassment and the consequences for knowingly making a false
22report.
23    (b) Within 3 months after the effective date of this
24amendatory Act of the 93rd General Assembly, the Attorney
25General shall develop model ordinances and resolutions for the
26purpose of this Article. The Attorney General shall advise

 

 

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1governmental entities on their contents and adoption.
2    (c) As used in this Article, (i) an "officer" means an
3elected or appointed official; regardless of whether the
4official is compensated, and (ii) an "employee" means a
5full-time, part-time, or contractual employee.
6(Source: P.A. 95-880, eff. 8-19-08.)
 
7    Section 15. The Secretary of State Act is amended by
8changing Section 14 as follows:
 
9    (15 ILCS 305/14)
10    Sec. 14. Inspector General.
11    (a) The Secretary of State must, with the advice and
12consent of the Senate, appoint an Inspector General for the
13purpose of detection, deterrence, and prevention of fraud,
14corruption, mismanagement, gross or aggravated misconduct, or
15misconduct that may be criminal in nature in the Office of the
16Secretary of State. The Inspector General shall serve a 5-year
17term. If no successor is appointed and qualified upon the
18expiration of the Inspector General's term, the Office of
19Inspector General is deemed vacant and the powers and duties
20under this Section may be exercised only by an appointed and
21qualified interim Inspector General until a successor
22Inspector General is appointed and qualified. If the General
23Assembly is not in session when a vacancy in the Office of
24Inspector General occurs, the Secretary of State may appoint an

 

 

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1interim Inspector General whose term shall expire 2 weeks after
2the next regularly scheduled session day of the Senate.
3    (b) The Inspector General shall have the following
4qualifications:
5        (1) has not been convicted of any felony under the laws
6    of this State, another State, or the United States;
7        (2) has earned a baccalaureate degree from an
8    institution of higher education; and
9        (3) has either (A) 5 or more years of service with a
10    federal, State, or local law enforcement agency, at least 2
11    years of which have been in a progressive investigatory
12    capacity; (B) 5 or more years of service as a federal,
13    State, or local prosecutor; or (C) 5 or more years of
14    service as a senior manager or executive of a federal,
15    State, or local agency.
16    (c) The Inspector General may review, coordinate, and
17recommend methods and procedures to increase the integrity of
18the Office of the Secretary of State. The duties of the
19Inspector General shall supplement and not supplant the duties
20of the Chief Auditor for the Secretary of State's Office or any
21other Inspector General that may be authorized by law. The
22Inspector General must report directly to the Secretary of
23State.
24    (d) In addition to the authority otherwise provided by this
25Section, but only when investigating the Office of the
26Secretary of State, its employees, or their actions for fraud,

 

 

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1corruption, mismanagement, gross or aggravated misconduct, or
2misconduct that may be criminal in nature, the Inspector
3General is authorized:
4        (1) To have access to all records, reports, audits,
5    reviews, documents, papers, recommendations, or other
6    materials available that relate to programs and operations
7    with respect to which the Inspector General has
8    responsibilities under this Section.
9        (2) To make any investigations and reports relating to
10    the administration of the programs and operations of the
11    Office of the Secretary of State that are, in the judgment
12    of the Inspector General, necessary or desirable.
13        (3) To request any information or assistance that may
14    be necessary for carrying out the duties and
15    responsibilities provided by this Section from any local,
16    State, or federal governmental agency or unit thereof.
17        (4) To require by subpoena the appearance of witnesses
18    and the production of all information, documents, reports,
19    answers, records, accounts, papers, and other data and
20    documentary evidence necessary in the performance of the
21    functions assigned by this Section, with the exception of
22    subsection (c) and with the exception of records of a labor
23    organization authorized and recognized under the Illinois
24    Public Labor Relations Act to be the exclusive bargaining
25    representative of employees of the Secretary of State,
26    including, but not limited to, records of representation of

 

 

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1    employees and the negotiation of collective bargaining
2    agreements. A subpoena may be issued under this paragraph
3    (4) only by the Inspector General and not by members of the
4    Inspector General's staff. A person duly subpoenaed for
5    testimony, documents, or other items who neglects or
6    refuses to testify or produce documents or other items
7    under the requirements of the subpoena shall be subject to
8    punishment as may be determined by a court of competent
9    jurisdiction, unless (i) the testimony, documents, or
10    other items are covered by the attorney-client privilege or
11    any other privilege or right recognized by law or (ii) the
12    testimony, documents, or other items concern the
13    representation of employees and the negotiation of
14    collective bargaining agreements by a labor organization
15    authorized and recognized under the Illinois Public Labor
16    Relations Act to be the exclusive bargaining
17    representative of employees of the Secretary of State.
18    Nothing in this Section limits a person's right to
19    protection against self-incrimination under the Fifth
20    Amendment of the United States Constitution or Article I,
21    Section 10, of the Constitution of the State of Illinois.
22        (5) To have direct and prompt access to the Secretary
23    of State for any purpose pertaining to the performance of
24    functions and responsibilities under this Section.
25    (d-5) In addition to the authority otherwise provided by
26this Section, the Secretary of State Inspector General shall

 

 

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1have jurisdiction to investigate complaints and allegations of
2wrongdoing by any person or entity related to the Lobbyist
3Registration Act. When investigating those complaints and
4allegations, the Inspector General is authorized:
5        (1) To have access to all records, reports, audits,
6    reviews, documents, papers, recommendations, or other
7    materials available that relate to programs and operations
8    with respect to which the Inspector General has
9    responsibilities under this Section.
10        (2) To request any information or assistance that may
11    be necessary for carrying out the duties and
12    responsibilities provided by this Section from any local,
13    State, or federal governmental agency or unit thereof.
14        (3) To require by subpoena the appearance of witnesses
15    and the production of all information, documents, reports,
16    answers, records, accounts, papers, and other data and
17    documentary evidence necessary in the performance of the
18    functions assigned by this Section. A subpoena may be
19    issued under this paragraph (3) only by the Inspector
20    General and not by members of the Inspector General's
21    staff. A person duly subpoenaed for testimony, documents,
22    or other items who neglects or refuses to testify or
23    produce documents or other items under the requirements of
24    the subpoena shall be subject to punishment as may be
25    determined by a court of competent jurisdiction, unless the
26    testimony, documents, or other items are covered by the

 

 

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1    attorney-client privilege or any other privilege or right
2    recognized by law. Nothing in this Section limits a
3    person's right to protection against self-incrimination
4    under the Fifth Amendment of the United States Constitution
5    or Section 10 of Article I of the Constitution of the State
6    of Illinois.
7        (4) To have direct and prompt access to the Secretary
8    of State for any purpose pertaining to the performance of
9    functions and responsibilities under this Section.
10        (5) As provided in subsection (d) of Section 5 of the
11    Lobbyist Registration Act, to review allegations that an
12    individual required to be registered under the Lobbyist
13    Registration Act has engaged in one or more acts of sexual
14    harassment. Upon completion of that review, the Inspector
15    General shall submit a summary of the review to the
16    Executive Ethics Commission. The Secretary shall adopt
17    rules setting forth the procedures for the review of such
18    allegations.
19    (e) The Inspector General may receive and investigate
20complaints or information concerning the possible existence of
21an activity constituting a violation of law, rules, or
22regulations; mismanagement; abuse of authority; or substantial
23and specific danger to the public health and safety. Any person
24who knowingly files a false complaint or files a complaint with
25reckless disregard for the truth or the falsity of the facts
26underlying the complaint may be subject to discipline as set

 

 

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1forth in the rules of the Department of Personnel of the
2Secretary of State or the Inspector General may refer the
3matter to a State's Attorney or the Attorney General.
4    The Inspector General may not, after receipt of a complaint
5or information, disclose the identity of the source without the
6consent of the source, unless the Inspector General determines
7that disclosure of the identity is reasonable and necessary for
8the furtherance of the investigation.
9    Any employee who has the authority to recommend or approve
10any personnel action or to direct others to recommend or
11approve any personnel action may not, with respect to that
12authority, take or threaten to take any action against any
13employee as a reprisal for making a complaint or disclosing
14information to the Inspector General, unless the complaint was
15made or the information disclosed with the knowledge that it
16was false or with willful disregard for its truth or falsity.
17    (f) The Inspector General must adopt rules, in accordance
18with the provisions of the Illinois Administrative Procedure
19Act, establishing minimum requirements for initiating,
20conducting, and completing investigations. The rules must
21establish criteria for determining, based upon the nature of
22the allegation, the appropriate method of investigation, which
23may include, but is not limited to, site visits, telephone
24contacts, personal interviews, or requests for written
25responses. The rules must also clarify how the Office of the
26Inspector General shall interact with other local, State, and

 

 

10000SB0402ham004- 33 -LRB100 04971 JWD 30605 a

1federal law enforcement investigations.
2    Any employee of the Secretary of State subject to
3investigation or inquiry by the Inspector General or any agent
4or representative of the Inspector General concerning
5misconduct that is criminal in nature shall have the right to
6be notified of the right to remain silent during the
7investigation or inquiry and the right to be represented in the
8investigation or inquiry by an attorney or a representative of
9a labor organization that is the exclusive collective
10bargaining representative of employees of the Secretary of
11State. Any investigation or inquiry by the Inspector General or
12any agent or representative of the Inspector General must be
13conducted with an awareness of the provisions of a collective
14bargaining agreement that applies to the employees of the
15Secretary of State and with an awareness of the rights of the
16employees as set forth in State and federal law and applicable
17judicial decisions. Any recommendations for discipline or any
18action taken against any employee by the Inspector General or
19any representative or agent of the Inspector General must
20comply with the provisions of the collective bargaining
21agreement that applies to the employee.
22    (g) On or before January 1 of each year, the Inspector
23General shall report to the President of the Senate, the
24Minority Leader of the Senate, the Speaker of the House of
25Representatives, and the Minority Leader of the House of
26Representatives on the types of investigations and the

 

 

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1activities undertaken by the Office of the Inspector General
2during the previous calendar year.
3(Source: P.A. 96-555, eff. 1-1-10; 96-1358, eff. 7-28-10.)
 
4    Section 20. The Lobbyist Registration Act is amended by
5changing Sections 5 and 10 and by adding Section 4.7 as
6follows:
 
7    (25 ILCS 170/4.7 new)
8    Sec. 4.7. Prohibition on sexual harassment.
9    (a) All persons have the right to work in an environment
10free from sexual harassment. All persons subject to this Act
11shall refrain from sexual harassment of any person.
12    (b) Beginning January 1, 2018, each natural person required
13to register as a lobbyist under this Act must complete, at
14least annually, a sexual harassment training program provided
15by the Secretary of State. A natural person registered under
16this Act must complete the training program no later than 30
17days after registration or renewal under this Act. This
18requirement does not apply to a lobbying entity or a client
19that hires a lobbyist that (i) does not have employees of the
20lobbying entity or client registered as lobbyists, or (ii) does
21not have an actual presence in Illinois.
22    (c) No later than January 1, 2018, each natural person and
23any entity required to register under this Act shall have a
24written sexual harassment policy that shall include, at a

 

 

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1minimum: (i) a prohibition on sexual harassment; (ii) details
2on how an individual can report an allegation of sexual
3harassment, including options for making a confidential report
4to a supervisor, ethics officer, Inspector General, or the
5Department of Human Rights; (iii) a prohibition on retaliation
6for reporting sexual harassment allegations, including
7availability of whistleblower protections under the State
8Officials and Employee Ethics Act, the Whistleblower Act, and
9the Illinois Human Rights Act; and (iv) the consequences of a
10violation of the prohibition on sexual harassment and the
11consequences for knowingly making a false report.
12    (d) For purposes of this Act, "sexual harassment" means any
13unwelcome sexual advances or requests for sexual favors or any
14conduct of a sexual nature when: (i) submission to such conduct
15is made either explicitly or implicitly a term or condition of
16an individual's employment; (ii) submission to or rejection of
17such conduct by an individual is used as the basis for
18employment decisions affecting such individual; or (iii) such
19conduct has the purpose or effect of substantially interfering
20with an individual's work performance or creating an
21intimidating, hostile, or offensive working environment. For
22the purposes of this definition, the phrase "working
23environment" is not limited to a physical location an employee
24is assigned to perform his or her duties and does not require
25an employment relationship.
26    (e) The Secretary of State shall adopt rules for the

 

 

10000SB0402ham004- 36 -LRB100 04971 JWD 30605 a

1implementation of this Section. In order to provide for the
2expeditious and timely implementation of this Section, the
3Secretary of State shall adopt emergency rules under subsection
4(z) of Section 5-45 of the Illinois Administrative Procedure
5Act for the implementation of this Section no later than 60
6days after the effective date of this amendatory Act of the
7100th General Assembly.
 
8    (25 ILCS 170/5)
9    Sec. 5. Lobbyist registration and disclosure. Every
10natural person and every entity required to register under this
11Act shall before any service is performed which requires the
12natural person or entity to register, but in any event not
13later than 2 business days after being employed or retained,
14file in the Office of the Secretary of State a statement in a
15format prescribed by the Secretary of State containing the
16following information with respect to each person or entity
17employing, retaining, or benefitting from the services of the
18natural person or entity required to register:
19        (a) The registrant's name, permanent address, e-mail
20    address, if any, fax number, if any, business telephone
21    number, and temporary address, if the registrant has a
22    temporary address while lobbying.
23        (a-5) If the registrant is an entity, the information
24    required under subsection (a) for each natural person
25    associated with the registrant who will be lobbying,

 

 

10000SB0402ham004- 37 -LRB100 04971 JWD 30605 a

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

 

 

10000SB0402ham004- 38 -LRB100 04971 JWD 30605 a

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

 

 

10000SB0402ham004- 39 -LRB100 04971 JWD 30605 a

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

 

 

10000SB0402ham004- 40 -LRB100 04971 JWD 30605 a

1    (a-5) A violation of Section 4.7 or paragraph (d) of
2Section 5 shall be considered a violation of the State
3Officials and Employees Ethics Act, subject to the jurisdiction
4of the Executive Ethics Commission and to all penalties under
5Section 50-5 of the State Officials and Employees Ethics Act.
6    (b) In addition to the penalties provided for in
7subsections subsection (a) and (a-5) of this Section, any
8person convicted of any violation of any provision of this Act
9is prohibited for a period of three years from the date of such
10conviction from lobbying.
11    (c) There is created in the State treasury a special fund
12to be known as the Lobbyist Registration Administration Fund.
13All fines collected in the enforcement of this Section shall be
14deposited into the Fund. These funds shall, subject to
15appropriation, be used by the Office of the Secretary of State
16for implementation and administration of this Act.
17(Source: P.A. 96-555, eff. 1-1-10.)
 
18    Section 25. The Illinois Human Rights Act is amended by
19adding Section 2-107 as follows:
 
20    (775 ILCS 5/2-107 new)
21    Sec. 2-107. Hotline to Report Sexual Harassment.
22    (a) The Department shall, no later than 3 months after the
23effective date of this amendatory Act of the 100th General
24Assembly, establish and maintain a sexual harassment hotline.

 

 

10000SB0402ham004- 41 -LRB100 04971 JWD 30605 a

1The Department shall help persons who contact the Department
2through the hotline find necessary resources, including
3counseling services, and assist in the filing of sexual
4harassment complaints with the Department or other applicable
5agencies. The Department may recommend individual seek private
6counsel, but shall make recommendations for legal
7representation. The hotline shall provide the means through
8which persons may anonymously report sexual harassment in both
9private and public places of employment. In the case of a
10report of sexual harassment by a person subject to Article 20
11or 25 of the State Officials and Employees Ethics Act, the
12Department shall, with the permission of the reporting
13individual, report the allegations to the Executive Inspector
14General or Legislative Inspector General for further
15investigation.
16    (b) The Department shall advertise the hotline on its
17website and in materials related to sexual harassment,
18including posters made available to the public, and encourage
19reporting by both those who are subject to sexual harassment
20and those who have witnessed it.
21    (c) All communications received by the Department via the
22hotline or Internet communication shall remain confidential
23and shall be exempt from disclosure under the Freedom of
24Information Act.
25    (d) As used in this Section, "hotline" means a toll-free
26telephone with voicemail capabilities and an Internet website

 

 

10000SB0402ham004- 42 -LRB100 04971 JWD 30605 a

1through which persons may report instances of sexual
2harassment.
 
3    Section 99. Effective date. This Act takes effect upon
4becoming law.".