Bill Amendment: IL SB3296 | 2017-2018 | 100th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: SOS-LOBBYIST SEXUAL HARASSMENT

Status: 2019-01-09 - Session Sine Die [SB3296 Detail]

Download: Illinois-2017-SB3296-Senate_Amendment_002.html

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Sen. Melinda Bush

Filed: 4/5/2018

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AMENDMENT TO SENATE BILL 3296
AMENDMENT NO. ______. Amend Senate Bill 3296 by replacing
everything after the enacting clause with the following:
"Section 5. The State Officials and Employees Ethics Act is
amended by changing Section 50-5 as follows:
(5 ILCS 430/50-5)
Sec. 50-5. Penalties.
(a) A person is guilty of a Class A misdemeanor if that
person intentionally violates any provision of Section 5-15,
5-30, 5-40, or 5-45 or Article 15.
(a-1) An ethics commission may levy an administrative fine
for a violation of Section 5-45 of this Act of up to 3 times the
total annual compensation that would have been obtained in
violation of Section 5-45.
(b) A person who intentionally violates any provision of
Section 5-20, 5-35, 5-50, or 5-55 is guilty of a business

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offense subject to a fine of at least $1,001 and up to $5,000.
(c) A person who intentionally violates any provision of
Article 10 is guilty of a business offense and subject to a
fine of at least $1,001 and up to $5,000.
(d) Any person who intentionally makes a false report
alleging a violation of any provision of this Act to an ethics
commission, an inspector general, the State Police, a State's
Attorney, the Attorney General, or any other law enforcement
official is guilty of a Class A misdemeanor.
(e) An ethics commission may levy an administrative fine of
up to $5,000 against any person who violates this Act, who
intentionally obstructs or interferes with an investigation
conducted under this Act by an inspector general, or who
intentionally makes a false, frivolous, or bad faith
allegation.
(f) In addition to any other penalty that may apply,
whether criminal or civil, a State employee who intentionally
violates any provision of Section 5-5, 5-15, 5-20, 5-30, 5-35,
5-45, or 5-50, Article 10, Article 15, or Section 20-90 or
25-90 is subject to discipline or discharge by the appropriate
ultimate jurisdictional authority.
(g) Any person who violates Section 5-65 is subject to a
fine of up to $5,000 per offense, and is subject to discipline
or discharge by the appropriate ultimate jurisdictional
authority. Each violation of Section 5-65 is a separate
offense. Any penalty imposed by an ethics commission shall be

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separate and distinct from any fines or penalties imposed by a
court of law or a State or federal agency.
(h) Any natural person or lobbying entity who intentionally
violates Section 4.7, or paragraph (d) of Section 5, or
subsection (a-5) of Section 11 of the Lobbyist Registration Act
is guilty of a business offense and shall be subject to a fine
of up to $5,000. The Executive Ethics Commission, after the
adjudication of a violation of Section 4.7 of the Lobbyist
Registration Act for which an investigation was initiated by
the Inspector General appointed by the Secretary of State under
Section 14 of the Secretary of State Act, is authorized to
strike or suspend the registration under the Lobbyist
Registration Act of any person or lobbying entity for which
that person is employed for a period of 3 years. In addition to
any other fine or penalty which may be imposed, the Executive
Ethics Commission may also levy an administrative fine of up to
$5,000 for a violation specified under this subsection (h). Any
penalty imposed by an ethics commission shall be separate and
distinct from any fines or penalties imposed by a court of law
or by the Secretary of State under the Lobbyist Registration
Act.
(Source: P.A. 100-554, eff. 11-16-17.)
Section 10. The Secretary of State Act is amended by
changing Section 14 as follows:

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(15 ILCS 305/14)
Sec. 14. Inspector General.
(a) The Secretary of State must, with the advice and
consent of the Senate, appoint an Inspector General for the
purpose of detection, deterrence, and prevention of fraud,
corruption, mismanagement, gross or aggravated misconduct, or
misconduct that may be criminal in nature in the Office of the
Secretary of State. The Inspector General shall serve a 5-year
term. If no successor is appointed and qualified upon the
expiration of the Inspector General's term, the Office of
Inspector General is deemed vacant and the powers and duties
under this Section may be exercised only by an appointed and
qualified interim Inspector General until a successor
Inspector General is appointed and qualified. If the General
Assembly is not in session when a vacancy in the Office of
Inspector General occurs, the Secretary of State may appoint an
interim Inspector General whose term shall expire 2 weeks after
the next regularly scheduled session day of the Senate.
(b) The Inspector General shall have the following
qualifications:
(1) has not been convicted of any felony under the laws
of this State, another State, or the United States;
(2) has earned a baccalaureate degree from an
institution of higher education; and
(3) has either (A) 5 or more years of service with a
federal, State, or local law enforcement agency, at least 2

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years of which have been in a progressive investigatory
capacity; (B) 5 or more years of service as a federal,
State, or local prosecutor; or (C) 5 or more years of
service as a senior manager or executive of a federal,
State, or local agency.
(c) The Inspector General may review, coordinate, and
recommend methods and procedures to increase the integrity of
the Office of the Secretary of State. The duties of the
Inspector General shall supplement and not supplant the duties
of the Chief Auditor for the Secretary of State's Office or any
other Inspector General that may be authorized by law. The
Inspector General must report directly to the Secretary of
State.
(d) In addition to the authority otherwise provided by this
Section, but only when investigating the Office of the
Secretary of State, its employees, or their actions for fraud,
corruption, mismanagement, gross or aggravated misconduct, or
misconduct that may be criminal in nature, the Inspector
General is authorized:
(1) To have access to all records, reports, audits,
reviews, documents, papers, recommendations, or other
materials available that relate to programs and operations
with respect to which the Inspector General has
responsibilities under this Section.
(2) To make any investigations and reports relating to
the administration of the programs and operations of the

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Office of the Secretary of State that are, in the judgment
of the Inspector General, necessary or desirable.
(3) To request any information or assistance that may
be necessary for carrying out the duties and
responsibilities provided by this Section from any local,
State, or federal governmental agency or unit thereof.
(4) To require by subpoena the appearance of witnesses
and the production of all information, documents, reports,
answers, records, accounts, papers, and other data and
documentary evidence necessary in the performance of the
functions assigned by this Section, with the exception of
subsection (c) and with the exception of records of a labor
organization authorized and recognized under the Illinois
Public Labor Relations Act to be the exclusive bargaining
representative of employees of the Secretary of State,
including, but not limited to, records of representation of
employees and the negotiation of collective bargaining
agreements. A subpoena may be issued under this paragraph
(4) only by the Inspector General and not by members of the
Inspector General's staff. A person duly subpoenaed for
testimony, documents, or other items who neglects or
refuses to testify or produce documents or other items
under the requirements of the subpoena shall be subject to
punishment as may be determined by a court of competent
jurisdiction, unless (i) the testimony, documents, or
other items are covered by the attorney-client privilege or

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any other privilege or right recognized by law or (ii) the
testimony, documents, or other items concern the
representation of employees and the negotiation of
collective bargaining agreements by a labor organization
authorized and recognized under the Illinois Public Labor
Relations Act to be the exclusive bargaining
representative of employees of the Secretary of State.
Nothing in this Section limits a person's right to
protection against self-incrimination under the Fifth
Amendment of the United States Constitution or Article I,
Section 10, of the Constitution of the State of Illinois.
(5) To have direct and prompt access to the Secretary
of State for any purpose pertaining to the performance of
functions and responsibilities under this Section.
(d-5) In addition to the authority otherwise provided by
this Section, the Secretary of State Inspector General shall
have jurisdiction to investigate complaints and allegations of
wrongdoing by any person or entity related to the Lobbyist
Registration Act. When investigating those complaints and
allegations, the Inspector General is authorized:
(1) To have access to all records, reports, audits,
reviews, documents, papers, recommendations, or other
materials available that relate to programs and operations
with respect to which the Inspector General has
responsibilities under this Section.
(2) To request any information or assistance that may

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be necessary for carrying out the duties and
responsibilities provided by this Section from any local,
State, or federal governmental agency or unit thereof.
(3) To require by subpoena the appearance of witnesses
and the production of all information, documents, reports,
answers, records, accounts, papers, and other data and
documentary evidence necessary in the performance of the
functions assigned by this Section. A subpoena may be
issued under this paragraph (3) only by the Inspector
General and not by members of the Inspector General's
staff. A person duly subpoenaed for testimony, documents,
or other items who neglects or refuses to testify or
produce documents or other items under the requirements of
the subpoena shall be subject to punishment as may be
determined by a court of competent jurisdiction, unless the
testimony, documents, or other items are covered by the
attorney-client privilege or any other privilege or right
recognized by law. Nothing in this Section limits a
person's right to protection against self-incrimination
under the Fifth Amendment of the United States Constitution
or Section 10 of Article I of the Constitution of the State
of Illinois.
(4) To have direct and prompt access to the Secretary
of State for any purpose pertaining to the performance of
functions and responsibilities under this Section.
(5) As provided in subsection (d) of Section 5 of the

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Lobbyist Registration Act, to review allegations that an
individual required to be registered under the Lobbyist
Registration Act has engaged in one or more acts of sexual
harassment. Upon completion of that review, the Inspector
General shall submit a summary of the review to the
Executive Ethics Commission. The Inspector General is
authorized to file pleadings with the Executive Ethics
Commission, through the Attorney General, if the Attorney
General finds that reasonable cause exists to believe that
a violation regarding acts of sexual harassment has
occurred. The Secretary shall adopt rules setting forth the
procedures for the review of such allegations.
(e) The Inspector General may receive and investigate
complaints or information concerning the possible existence of
an activity constituting a violation of law, rules, or
regulations; mismanagement; abuse of authority; or substantial
and specific danger to the public health and safety. Any person
who knowingly files a false complaint or files a complaint with
reckless disregard for the truth or the falsity of the facts
underlying the complaint may be subject to discipline as set
forth in the rules of the Department of Personnel of the
Secretary of State or the Inspector General may refer the
matter to a State's Attorney or the Attorney General.
The Inspector General may not, after receipt of a complaint
or information, disclose the identity of the source without the
consent of the source, unless the Inspector General determines

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that disclosure of the identity is reasonable and necessary for
the furtherance of the investigation.
Any employee who has the authority to recommend or approve
any personnel action or to direct others to recommend or
approve any personnel action may not, with respect to that
authority, take or threaten to take any action against any
employee as a reprisal for making a complaint or disclosing
information to the Inspector General, unless the complaint was
made or the information disclosed with the knowledge that it
was false or with willful disregard for its truth or falsity.
(f) The Inspector General must adopt rules, in accordance
with the provisions of the Illinois Administrative Procedure
Act, establishing minimum requirements for initiating,
conducting, and completing investigations. The rules must
establish criteria for determining, based upon the nature of
the allegation, the appropriate method of investigation, which
may include, but is not limited to, site visits, telephone
contacts, personal interviews, or requests for written
responses. The rules must also clarify how the Office of the
Inspector General shall interact with other local, State, and
federal law enforcement investigations.
Any employee of the Secretary of State subject to
investigation or inquiry by the Inspector General or any agent
or representative of the Inspector General concerning
misconduct that is criminal in nature shall have the right to
be notified of the right to remain silent during the

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investigation or inquiry and the right to be represented in the
investigation or inquiry by an attorney or a representative of
a labor organization that is the exclusive collective
bargaining representative of employees of the Secretary of
State. Any investigation or inquiry by the Inspector General or
any agent or representative of the Inspector General must be
conducted with an awareness of the provisions of a collective
bargaining agreement that applies to the employees of the
Secretary of State and with an awareness of the rights of the
employees as set forth in State and federal law and applicable
judicial decisions. Any recommendations for discipline or any
action taken against any employee by the Inspector General or
any representative or agent of the Inspector General must
comply with the provisions of the collective bargaining
agreement that applies to the employee.
(g) On or before January 1 of each year, the Inspector
General shall report to the President of the Senate, the
Minority Leader of the Senate, the Speaker of the House of
Representatives, and the Minority Leader of the House of
Representatives on the types of investigations and the
activities undertaken by the Office of the Inspector General
during the previous calendar year.
(Source: P.A. 100-554, eff. 11-16-17.)
Section 15. The Lobbyist Registration Act is amended by
changing Section 11 as follows:

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(25 ILCS 170/11) (from Ch. 63, par. 181)
Sec. 11. Enforcement.
(a) The Secretary of State Inspector General appointed
under Section 14 of the Secretary of State Act shall initiate
investigations of violations of this Act upon receipt of
credible evidence of a violation. If, upon conclusion of an
investigation, the Inspector General reasonably believes a
violation of this Act has occurred, the Inspector General shall
provide the alleged violator with written notification of the
alleged violation. Within 30 calendar days after receipt of the
notification, the alleged violator shall submit a written
response to the Inspector General. The response shall indicate
whether the alleged violator (i) disputes the alleged
violation, including any facts that reasonably prove the
alleged violation did not violate the Act, or (ii) agrees to
take action to correct the alleged violation within 30 calendar
days, including a description of the action the alleged
violator has taken or will take to correct the alleged
violation. If the alleged violator disputes the alleged
violation or fails to respond to the notification of the
alleged violation, the Inspector General shall transmit the
evidence to the appropriate State's Attorney or Attorney
General. If the alleged violator agrees to take action to
correct the alleged violation, the Inspector General shall make
available to the public the notification from the Inspector

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General and the response from the alleged violator and shall
not transmit the evidence to the appropriate State's Attorney
or Attorney General. Nothing in this Act requires the Inspector
General to notify an alleged violator of an ongoing
investigation or to notify the alleged violator of a referral
of any evidence to a law enforcement agency, a State's
Attorney, or the Attorney General pursuant to subsection (c).
(a-5) Failure to cooperate in an investigation initiated by
the Secretary of State Inspector General appointed under
Section 14 of the Secretary of State Act is a separate and
punishable offense for which the Secretary of State Inspector
General, through the Attorney General, shall file pleadings
with the Executive Ethics Commission, which has the discretion
to strike or suspend the registration of any person, or
lobbying entity for which that person is employed, registered
under this Act.
(b) Any violation of this Act may be prosecuted in the
county where the offense is committed or in Sangamon County. In
addition to the State's Attorney of the appropriate county, the
Attorney General of Illinois also is authorized to prosecute
any violation of this Act.
(c) Notwithstanding any other provision of this Act, the
Inspector General may at any time refer evidence of a violation
of State or federal law, in addition to a violation of this
Act, to the appropriate law enforcement agency, State's
Attorney, or Attorney General.

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(Source: P.A. 96-555, eff. 1-1-10; 96-1358, eff. 7-28-10.)
Section 99. Effective date. This Act takes effect upon
becoming law.".