Bill Text: IL HB0138 | 2017-2018 | 100th General Assembly | Enrolled

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Governor Transition Act. Makes a technical change in a Section concerning the orderly transition of the office of Governor.

Spectrum: Moderate Partisan Bill (Democrat 48-12)

Status: (Passed) 2018-06-08 - Added as Alternate Co-Sponsor Sen. Thomas Cullerton [HB0138 Detail]

Download: Illinois-2017-HB0138-Enrolled.html

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AN ACT concerning State government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The State Officials and Employees Ethics Act is
amended by changing Sections 20-20, 20-50, 20-85, 20-90, 25-5,
25-10, 25-15, 25-20, 25-50, 25-70, 25-85, 25-90, 25-95, and
50-5 and by adding Sections 25-100 and 25-105 as follows:
(5 ILCS 430/20-20)
Sec. 20-20. Duties of the Executive Inspectors General. In
addition to duties otherwise assigned by law, each Executive
Inspector General shall have the following duties:
(1) To receive and investigate allegations of
violations of this Act. An investigation may not be
initiated more than one year after the most recent act of
the alleged violation or of a series of alleged violations
except where there is reasonable cause to believe that
fraudulent concealment has occurred. To constitute
fraudulent concealment sufficient to toll this limitations
period, there must be an affirmative act or representation
calculated to prevent discovery of the fact that a
violation has occurred. The Executive Inspector General
shall have the discretion to determine the appropriate
means of investigation as permitted by law.

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(2) To request information relating to an
investigation from any person when the Executive Inspector
General deems that information necessary in conducting an
investigation.
(3) To issue subpoenas to compel the attendance of
witnesses for the purposes of testimony and production of
documents and other items for inspection and copying and to
make service of those subpoenas and subpoenas issued under
item (7) of Section 20-15.
(4) To submit reports as required by this Act.
(5) To file pleadings in the name of the Executive
Inspector General with the Executive Ethics Commission,
through the Attorney General, as provided in this Article
if the Attorney General finds that reasonable cause exists
to believe that a violation has occurred.
(6) To assist and coordinate the ethics officers for
State agencies under the jurisdiction of the Executive
Inspector General and to work with those ethics officers.
(7) To participate in or conduct, when appropriate,
multi-jurisdictional investigations.
(8) To request, as the Executive Inspector General
deems appropriate, from ethics officers of State agencies
under his or her jurisdiction, reports or information on
(i) the content of a State agency's ethics training program
and (ii) the percentage of new officers and employees who
have completed ethics training.

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(9) To review hiring and employment files of each State
agency within the Executive Inspector General's
jurisdiction to ensure compliance with Rutan v. Republican
Party of Illinois, 497 U.S. 62 (1990), and with all
applicable employment laws.
(10) To establish a policy that ensures the appropriate
handling and correct recording of all investigations
conducted by the Office, and to ensure that the policy is
accessible via the Internet in order that those seeking to
report those allegations are familiar with the process and
that the subjects of those allegations are treated fairly.
(11) To post information to the Executive Inspector
General's website explaining to complainants and subjects
of an investigation the legal limitations on the Executive
Inspector General's ability to provide information to them
and a general overview of the investigation process.
(Source: P.A. 96-555, eff. 8-18-09.)
(5 ILCS 430/20-50)
Sec. 20-50. Investigation reports.
(a) If an Executive Inspector General, upon the conclusion
of an investigation, determines that reasonable cause exists to
believe that a violation has occurred, then the Executive
Inspector General shall issue a summary report of the
investigation. The report shall be delivered to the appropriate
ultimate jurisdictional authority and to the head of each State

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agency affected by or involved in the investigation, if
appropriate. The appropriate ultimate jurisdictional authority
or agency head shall respond to the summary report within 20
days, in writing, to the Executive Inspector General. The
response shall include a description of any corrective or
disciplinary action to be imposed. If the appropriate ultimate
jurisdictional authority does not respond within 20 days, or
within an extended time period as agreed to by the Executive
Inspector General, an Executive Inspector General may proceed
under subsection (c) as if a response had been received.
(b) The summary report of the investigation shall include
the following:
(1) A description of any allegations or other
information received by the Executive Inspector General
pertinent to the investigation.
(2) A description of any alleged misconduct discovered
in the course of the investigation.
(3) Recommendations for any corrective or disciplinary
action to be taken in response to any alleged misconduct
described in the report, including but not limited to
discharge.
(4) Other information the Executive Inspector General
deems relevant to the investigation or resulting
recommendations.
(c) Within 30 days after receiving a response from the
appropriate ultimate jurisdictional authority or agency head

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under subsection (a), the Executive Inspector General shall
notify the Commission and the Attorney General if the Executive
Inspector General believes that a complaint should be filed
with the Commission. If the Executive Inspector General desires
to file a complaint with the Commission, the Executive
Inspector General shall submit the summary report and
supporting documents to the Attorney General. If the Attorney
General concludes that there is insufficient evidence that a
violation has occurred, the Attorney General shall notify the
Executive Inspector General and the Executive Inspector
General shall deliver to the Executive Ethics Commission a copy
of the summary report and response from the ultimate
jurisdictional authority or agency head. If the Attorney
General determines that reasonable cause exists to believe that
a violation has occurred, then the Executive Inspector General,
represented by the Attorney General, may file with the
Executive Ethics Commission a complaint. The complaint shall
set forth the alleged violation and the grounds that exist to
support the complaint. The complaint must be filed with the
Commission within 18 months after the most recent act of the
alleged violation or of a series of alleged violations except
where there is reasonable cause to believe that fraudulent
concealment has occurred. To constitute fraudulent concealment
sufficient to toll this limitations period, there must be an
affirmative act or representation calculated to prevent
discovery of the fact that a violation has occurred. If a

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complaint is not filed with the Commission within 6 months
after notice by the Inspector General to the Commission and the
Attorney General, then the Commission may set a meeting of the
Commission at which the Attorney General shall appear and
provide a status report to the Commission.
(c-5) Within 30 days after receiving a response from the
appropriate ultimate jurisdictional authority or agency head
under subsection (a), if the Executive Inspector General does
not believe that a complaint should be filed, the Executive
Inspector General shall deliver to the Executive Ethics
Commission a statement setting forth the basis for the decision
not to file a complaint and a copy of the summary report and
response from the ultimate jurisdictional authority or agency
head. An Inspector General may also submit a redacted version
of the summary report and response from the ultimate
jurisdictional authority if the Inspector General believes
either contains information that, in the opinion of the
Inspector General, should be redacted prior to releasing the
report, may interfere with an ongoing investigation, or
identifies an informant or complainant.
(c-10) If, after reviewing the documents, the Commission
believes that further investigation is warranted, the
Commission may request that the Executive Inspector General
provide additional information or conduct further
investigation. The Commission may also appoint a Special
Executive Inspector General to investigate or refer the summary

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report and response from the ultimate jurisdictional authority
to the Attorney General for further investigation or review. If
the Commission requests the Attorney General to investigate or
review, the Commission must notify the Attorney General and the
Inspector General. The Attorney General may not begin an
investigation or review until receipt of notice from the
Commission. If, after review, the Attorney General determines
that reasonable cause exists to believe that a violation has
occurred, then the Attorney General may file a complaint with
the Executive Ethics Commission. If the Attorney General
concludes that there is insufficient evidence that a violation
has occurred, the Attorney General shall notify the Executive
Ethics Commission and the appropriate Executive Inspector
General.
(d) A copy of the complaint filed with the Executive Ethics
Commission must be served on all respondents named in the
complaint and on each respondent's ultimate jurisdictional
authority in the same manner as process is served under the
Code of Civil Procedure.
(e) A respondent may file objections to the complaint
within 30 days after notice of the petition has been served on
the respondent.
(f) The Commission shall meet, either in person or by
telephone, at least 30 days after the complaint is served on
all respondents in a closed session to review the sufficiency
of the complaint. The Commission shall issue notice by

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certified mail, return receipt requested, to the Executive
Inspector General, Attorney General, and all respondents of the
Commission's ruling on the sufficiency of the complaint. If the
complaint is deemed to sufficiently allege a violation of this
Act, then the Commission shall include a hearing date scheduled
within 4 weeks after the date of the notice, unless all of the
parties consent to a later date. If the complaint is deemed not
to sufficiently allege a violation, then the Commission shall
send by certified mail, return receipt requested, a notice to
the Executive Inspector General, Attorney General, and all
respondents of the decision to dismiss the complaint.
(g) On the scheduled date the Commission shall conduct a
closed meeting, either in person or, if the parties consent, by
telephone, on the complaint and allow all parties the
opportunity to present testimony and evidence. All such
proceedings shall be transcribed.
(h) Within an appropriate time limit set by rules of the
Executive Ethics Commission, the Commission shall (i) dismiss
the complaint, (ii) issue a recommendation of discipline to the
respondent and the respondent's ultimate jurisdictional
authority, (iii) impose an administrative fine upon the
respondent, (iv) issue injunctive relief as described in
Section 50-10, or (v) impose a combination of (ii) through
(iv).
(i) The proceedings on any complaint filed with the
Commission shall be conducted pursuant to rules promulgated by

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the Commission.
(j) The Commission may designate hearing officers to
conduct proceedings as determined by rule of the Commission.
(k) In all proceedings before the Commission, the standard
of proof is by a preponderance of the evidence.
(l) Within 30 days after the issuance of a final
administrative decision that concludes that a violation
occurred, the Executive Ethics Commission shall make public the
entire record of proceedings before the Commission, the
decision, any recommendation, any discipline imposed, and the
response from the agency head or ultimate jurisdictional
authority to the Executive Ethics Commission.
(Source: P.A. 96-555, eff. 8-18-09.)
(5 ILCS 430/20-85)
Sec. 20-85. Monthly reports by Executive Inspector
General. Each Executive Inspector General shall submit monthly
reports to the appropriate executive branch constitutional
officer, on dates determined by the executive branch
constitutional officer, indicating:
(1) the total number of allegations received since the
date of the last report and the total number of allegations
received since the date of the last report by category of
claim;
(2) the total number of investigations initiated since
the date of the last report and the total number of

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investigations initiated since the date of the last report
by category of claim;
(3) the total number of investigations concluded since
the date of the last report and the total number of
investigations concluded since the date of the last report
by category of claim;
(4) the total number of investigations pending as of
the reporting date and the total number of investigations
pending as of the reporting date by category of claim;
(5) the total number of complaints forwarded to the
Attorney General since the date of the last report;
(6) the total number of actions filed with the
Executive Ethics Commission since the date of the last
report, and the total number of actions pending before the
Executive Ethics Commission as of the reporting date , the
total number of actions filed with the Executive Ethics
Commission since the date of the last report by category of
claim, and the total number of actions pending before the
Executive Ethics Commission as of the reporting date by
category of claim; and
(7) the total number of allegations referred to any law
enforcement agency since the date of the last report; .
(8) the total number of allegations referred to another
investigatory body since the date of the last report; and
(9) the cumulative number of each of the foregoing for
the current calendar year.

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For the purposes of this Section, "category of claim" shall
include discrimination claims, harassment claims, sexual
harassment claims, retaliation claims, gift ban claims,
prohibited political activity claims, revolving door
prohibition claims, and other, miscellaneous, or
uncharacterized claims.
The monthly report shall be available on the websites of
the Executive Inspector General and the constitutional
officer.
(Source: P.A. 96-555, eff. 8-18-09.)
(5 ILCS 430/20-90)
Sec. 20-90. Confidentiality.
(a) The identity of any individual providing information or
reporting any possible or alleged misconduct to an Executive
Inspector General or the Executive Ethics Commission shall be
kept confidential and may not be disclosed without the consent
of that individual, unless the individual consents to
disclosure of his or her name or disclosure of the individual's
identity is otherwise required by law. The confidentiality
granted by this subsection does not preclude the disclosure of
the identity of a person in any capacity other than as the
source of an allegation.
(b) Subject to the provisions of Section 20-52,
commissioners, employees, and agents of the Executive Ethics
Commission, the Executive Inspectors General, and employees

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and agents of each Office of an Executive Inspector General,
the Attorney General, and the employees and agents of the
office of the Attorney General shall keep confidential and
shall not disclose information exempted from disclosure under
the Freedom of Information Act or by this Act, provided the
identity of any individual providing information or reporting
any possible or alleged misconduct to the Executive Inspector
General for the Governor may be disclosed to an Inspector
General appointed or employed by a Regional Transit Board in
accordance with Section 75-10.
(c) In his or her discretion, an Executive Inspector
General may notify complainants and subjects of an
investigation with an update on the status of the respective
investigation, including when the investigation is opened and
closed.
(Source: P.A. 96-555, eff. 8-18-09; 96-1528, eff. 7-1-11.)
(5 ILCS 430/25-5)
Sec. 25-5. Legislative Ethics Commission.
(a) The Legislative Ethics Commission is created.
(b) The Legislative Ethics Commission shall consist of 8
commissioners appointed 2 each by the President and Minority
Leader of the Senate and the Speaker and Minority Leader of the
House of Representatives.
The terms of the initial commissioners shall commence upon
qualification. Each appointing authority shall designate one

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appointee who shall serve for a 2-year term running through
June 30, 2005. Each appointing authority shall designate one
appointee who shall serve for a 4-year term running through
June 30, 2007. The initial appointments shall be made within 60
days after the effective date of this Act.
After the initial terms, commissioners shall serve for
4-year terms commencing on July 1 of the year of appointment
and running through June 30 of the fourth following year.
Commissioners may be reappointed to one or more subsequent
terms.
Vacancies occurring other than at the end of a term shall
be filled by the appointing authority only for the balance of
the term of the commissioner whose office is vacant.
Terms shall run regardless of whether the position is
filled.
(c) The appointing authorities shall appoint commissioners
who have experience holding governmental office or employment
and may appoint commissioners who are members of the General
Assembly as well as commissioners from the general public. A
commissioner who is a member of the General Assembly must
recuse himself or herself from participating in any matter
relating to any investigation or proceeding in which he or she
is the subject or is a complainant. A person is not eligible to
serve as a commissioner if that person (i) has been convicted
of a felony or a crime of dishonesty or moral turpitude, (ii)
is, or was within the preceding 12 months, engaged in

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activities that require registration under the Lobbyist
Registration Act, (iii) is a relative of the appointing
authority, or (iv) is a State officer or employee other than a
member of the General Assembly, or (v) is a candidate for
statewide office, federal office, or judicial office.
(c-5) If a commissioner is required to recuse himself or
herself from participating in a matter as provided in
subsection (c), the recusal shall create a temporary vacancy
for the limited purpose of consideration of the matter for
which the commissioner recused himself or herself, and the
appointing authority for the recusing commissioner shall make a
temporary appointment to fill the vacancy for consideration of
the matter for which the commissioner recused himself or
herself.
(d) The Legislative Ethics Commission shall have
jurisdiction over current and former members of the General
Assembly regarding events occurring during a member's term of
office and current and former all State employees regarding
events occurring during any period of employment where the
State employee's whose ultimate jurisdictional authority is
(i) a legislative leader, (ii) the Senate Operations
Commission, or (iii) the Joint Committee on Legislative Support
Services. The jurisdiction of the Commission is limited to
matters arising under this Act.
An officer or executive branch State employee serving on a
legislative branch board or commission remains subject to the

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jurisdiction of the Executive Ethics Commission and is not
subject to the jurisdiction of the Legislative Ethics
Commission.
(e) The Legislative Ethics Commission must meet, either in
person or by other technological means, monthly or as often as
necessary. At the first meeting of the Legislative Ethics
Commission, the commissioners shall choose from their number a
chairperson and other officers that they deem appropriate. The
terms of officers shall be for 2 years commencing July 1 and
running through June 30 of the second following year. Meetings
shall be held at the call of the chairperson or any 3
commissioners. Official action by the Commission shall require
the affirmative vote of 5 commissioners, and a quorum shall
consist of 5 commissioners. Commissioners shall receive no
compensation but may be reimbursed for their reasonable
expenses actually incurred in the performance of their duties.
(f) No commissioner, other than a commissioner who is a
member of the General Assembly, or employee of the Legislative
Ethics Commission may during his or her term of appointment or
employment:
(1) become a candidate for any elective office;
(2) hold any other elected or appointed public office
except for appointments on governmental advisory boards or
study commissions or as otherwise expressly authorized by
law;
(3) be actively involved in the affairs of any

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political party or political organization; or
(4) advocate for the appointment of another person to
an appointed or elected office or position or actively
participate in any campaign for any elective office.
(f-5) No commissioner who is a member of the General
Assembly may be a candidate for statewide office, federal
office, or judicial office. If a commissioner who is a member
of the General Assembly files petitions to be a candidate for a
statewide office, federal office, or judicial office, he or she
shall be deemed to have resigned from his or her position as a
commissioner on the date his or her name is certified for the
ballot by the State Board of Elections or local election
authority and his or position as a commissioner shall be deemed
vacant. Such person may not be reappointed to the Commission
during any time he or she is a candidate for statewide office,
federal office, or judicial office.
(g) An appointing authority may remove a commissioner only
for cause.
(h) The Legislative Ethics Commission shall appoint an
Executive Director subject to the approval of at least 3 of the
4 legislative leaders. The compensation of the Executive
Director shall be as determined by the Commission. The
Executive Director of the Legislative Ethics Commission may
employ, subject to the approval of at least 3 of the 4
legislative leaders, and determine the compensation of staff,
as appropriations permit.

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(i) In consultation with the Legislative Inspector
General, the Legislative Ethics Commission may develop
comprehensive training for members and employees under its
jurisdiction that includes, but is not limited to, sexual
harassment, employment discrimination, and workplace civility.
The training may be recommended to the ultimate jurisdictional
authorities and may be approved by the Commission to satisfy
the sexual harassment training required under Section 5-10.5 or
be provided in addition to the annual sexual harassment
training required under Section 5-10.5. The Commission may seek
input from governmental agencies or private entities for
guidance in developing such training.
(Source: P.A. 96-555, eff. 8-18-09.)
(5 ILCS 430/25-10)
Sec. 25-10. Office of Legislative Inspector General.
(a) The independent Office of the Legislative Inspector
General is created. The Office shall be under the direction and
supervision of the Legislative Inspector General and shall be a
fully independent office with its own appropriation.
(b) The Legislative Inspector General shall be appointed
without regard to political affiliation and solely on the basis
of integrity and demonstrated ability. The Legislative Ethics
Commission shall diligently search out qualified candidates
for Legislative Inspector General and shall make
recommendations to the General Assembly. The Legislative

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Inspector General may serve in a full-time, part-time, or
contractual capacity.
The Legislative Inspector General shall be appointed by a
joint resolution of the Senate and the House of
Representatives, which may specify the date on which the
appointment takes effect. A joint resolution, or other document
as may be specified by the Joint Rules of the General Assembly,
appointing the Legislative Inspector General must be certified
by the Speaker of the House of Representatives and the
President of the Senate as having been adopted by the
affirmative vote of three-fifths of the members elected to each
house, respectively, and be filed with the Secretary of State.
The appointment of the Legislative Inspector General takes
effect on the day the appointment is completed by the General
Assembly, unless the appointment specifies a later date on
which it is to become effective.
The Legislative 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 5 or more years of cumulative service (A) with
a federal, State, or local law enforcement agency, at least
2 years of which have been in a progressive investigatory
capacity; (B) as a federal, State, or local prosecutor; (C)

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as a senior manager or executive of a federal, State, or
local agency; (D) as a member, an officer, or a State or
federal judge; or (E) representing any combination of (A)
through (D).
The Legislative Inspector General may not be a relative of
a commissioner.
The term of the initial Legislative Inspector General shall
commence upon qualification and shall run through June 30,
2008.
After the initial term, the Legislative Inspector General
shall serve for 5-year terms commencing on July 1 of the year
of appointment and running through June 30 of the fifth
following year. The Legislative Inspector General may be
reappointed to one or more subsequent terms. Terms shall run
regardless of whether the position is filled.
(b-5) A vacancy occurring other than at the end of a term
shall be filled in the same manner as an appointment only for
the balance of the term of the Legislative Inspector General
whose office is vacant. Within 7 days of the Office becoming
vacant or receipt of a Legislative Inspector General's
prospective resignation, the vacancy shall be publicly posted
on the Commission's website, along with a description of the
requirements for the position and where applicants may apply.
Within 45 days of the vacancy, If the Office is vacant, or
if a Legislative Inspector General resigns, the Commission
shall designate an Acting Legislative Inspector General who

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shall serve until the vacancy is filled. The Commission shall
file the designation in writing with the Secretary of State.
Within 60 days prior to the end of the term of the
Legislative Inspector General or within 30 days of the
occurrence of a vacancy in the Office of the Legislative
Inspector General, the Legislative Ethics Commission shall
establish a four-member search committee within the Commission
for the purpose of conducting a search for qualified candidates
to serve as Legislative Inspector General. The Speaker of the
House of Representatives, Minority Leader of the House, Senate
President, and Minority Leader of the Senate shall each appoint
one member to the search committee. A member of the search
committee shall be either a retired judge or former prosecutor
and may not be a member or employee of the General Assembly or
a registered lobbyist. If the Legislative Ethics Commission
wishes to recommend that the Legislative Inspector General be
re-appointed, a search committee does not need to be appointed.
The search committee shall conduct a search for qualified
candidates, accept applications, and conduct interviews. The
search committee shall recommend up to 3 candidates for
Legislative Inspector General to the Legislative Ethics
Commission. The search committee shall be disbanded upon an
appointment of the Legislative Inspector General. Members of
the search committee are not entitled to compensation but shall
be entitled to reimbursement of reasonable expenses incurred in
connection with the performance of their duties.

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Within 30 days after the effective date of this amendatory
Act of the 100th General Assembly, the Legislative Ethics
Commission shall create a search committee in the manner
provided for in this subsection to recommend up to 3 candidates
for Legislative Inspector General to the Legislative Ethics
Commission by October 31, 2018.
If a vacancy exists and the Commission has not appointed an
Acting Legislative Inspector General, either the staff of the
Office of the Legislative Inspector General, or if there is no
staff, the Executive Director, shall advise the Commission of
all open investigations and any new allegations or complaints
received in the Office of the Inspector General. These reports
shall not include the name of any person identified in the
allegation or complaint, including, but not limited to, the
subject of and the person filing the allegation or complaint.
Notification shall be made to the Commission on a weekly basis
unless the Commission approves of a different reporting
schedule.
If the Office of the Inspector General is vacant for 6
months or more beginning on or after January 1, 2019, and the
Legislative Ethics Commission has not appointed an Acting
Legislative Inspector General, all complaints made to the
Legislative Inspector General or the Legislative Ethics
Commission shall be directed to the Inspector General for the
Auditor General, and he or she shall have the authority to act
as provided in subsection (c) of this Section and Section 25-20

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of this Act, and shall be subject to all laws and rules
governing a Legislative Inspector General or Acting
Legislative Inspector General. The authority for the Inspector
General of the Auditor General under this paragraph shall
terminate upon appointment of a Legislative Inspector General
or an Acting Legislative Inspector General.
Terms shall run regardless of whether the position is
filled.
(c) The Legislative Inspector General shall have
jurisdiction over the current and former members of the General
Assembly regarding events occurring during a member's term of
office and current and former all State employees regarding
events occurring during any period of employment where the
State employee's whose ultimate jurisdictional authority is
(i) a legislative leader, (ii) the Senate Operations
Commission, or (iii) the Joint Committee on Legislative Support
Services.
The jurisdiction of each Legislative Inspector General is
to investigate allegations of fraud, waste, abuse,
mismanagement, misconduct, nonfeasance, misfeasance,
malfeasance, or violations of this Act or violations of other
related laws and rules.
(d) The compensation of the Legislative Inspector General
shall be the greater of an amount (i) determined by the
Commission or (ii) by joint resolution of the General Assembly
passed by a majority of members elected in each chamber.

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Subject to Section 25-45 of this Act, the Legislative Inspector
General has full authority to organize the Office of the
Legislative Inspector General, including the employment and
determination of the compensation of staff, such as deputies,
assistants, and other employees, as appropriations permit.
Employment of staff is subject to the approval of at least 3 of
the 4 legislative leaders.
(e) No Legislative Inspector General or employee of the
Office of the Legislative Inspector General may, during his or
her term of appointment or employment:
(1) become a candidate for any elective office;
(2) hold any other elected or appointed public office
except for appointments on governmental advisory boards or
study commissions or as otherwise expressly authorized by
law;
(3) be actively involved in the affairs of any
political party or political organization; or
(4) actively participate in any campaign for any
elective office.
A full-time Legislative Inspector General shall not engage
in the practice of law or any other business, employment, or
vocation.
In this subsection an appointed public office means a
position authorized by law that is filled by an appointing
authority as provided by law and does not include employment by
hiring in the ordinary course of business.

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(e-1) No Legislative Inspector General or employee of the
Office of the Legislative Inspector General may, for one year
after the termination of his or her appointment or employment:
(1) become a candidate for any elective office;
(2) hold any elected public office; or
(3) hold any appointed State, county, or local judicial
office.
(e-2) The requirements of item (3) of subsection (e-1) may
be waived by the Legislative Ethics Commission.
(f) The Commission may remove the Legislative Inspector
General only for cause. At the time of the removal, the
Commission must report to the General Assembly the
justification for the removal.
(Source: P.A. 98-631, eff. 5-29-14.)
(5 ILCS 430/25-15)
Sec. 25-15. Duties of the Legislative Ethics Commission.
In addition to duties otherwise assigned by law, the
Legislative Ethics Commission shall have the following duties:
(1) To promulgate rules governing the performance of
its duties and the exercise of its powers and governing the
investigations of the Legislative Inspector General. The
rules shall be available on the Commission's website and
any proposed changes to the rules must be made available to
the public on the Commission's website no less than 7 days
before the adoption of the changes. Any person shall be

HB0138 Enrolled - 25 - LRB100 03805 RJF 13810 b
given an opportunity to provide written or oral testimony
before the Commission in support of or opposition to
proposed rules.
(2) To conduct administrative hearings and rule on
matters brought before the Commission only upon the receipt
of pleadings filed by the Legislative Inspector General and
not upon its own prerogative, but may appoint special
Legislative Inspectors General as provided in Section
25-21. Any other allegations of misconduct received by the
Commission from a person other than the Legislative
Inspector General shall be referred to the Office of the
Legislative Inspector General.
(3) To prepare and publish manuals and guides and,
working with the Office of the Attorney General, oversee
training of employees under its jurisdiction that explains
their duties.
(4) To prepare public information materials to
facilitate compliance, implementation, and enforcement of
this Act.
(5) To submit reports as required by this Act.
(6) To the extent authorized by this Act, to make
rulings, issue recommendations, and impose administrative
fines, if appropriate, in connection with the
implementation and interpretation of this Act. The powers
and duties of the Commission are limited to matters clearly
within the purview of this Act.

HB0138 Enrolled - 26 - LRB100 03805 RJF 13810 b
(7) To issue subpoenas with respect to matters pending
before the Commission, subject to the provisions of this
Article and in the discretion of the Commission, to compel
the attendance of witnesses for purposes of testimony and
the production of documents and other items for inspection
and copying.
(8) To appoint special Legislative Inspectors General
as provided in Section 25-21.
(9) To conspicuously display on the Commission's
website the procedures for reporting a violation of this
Act, including how to report violations via email or
online.
(10) To conspicuously display on the Commission's
website any vacancies within the Office of the Legislative
Inspector General.
(11) To appoint an Acting Legislative Inspector
General in the event of a vacancy in the Office of the
Legislative Inspector General.
(Source: P.A. 100-554, eff. 11-16-17.)
(5 ILCS 430/25-20)
Sec. 25-20. Duties of the Legislative Inspector General.
In addition to duties otherwise assigned by law, the
Legislative Inspector General shall have the following duties:
(1) To receive and investigate allegations of
violations of this Act. Except as otherwise provided in

HB0138 Enrolled - 27 - LRB100 03805 RJF 13810 b
paragraph (1.5), an investigation may not be initiated more
than one year after the most recent act of the alleged
violation or of a series of alleged violations except where
there is reasonable cause to believe that fraudulent
concealment has occurred. To constitute fraudulent
concealment sufficient to toll this limitations period,
there must be an affirmative act or representation
calculated to prevent discovery of the fact that a
violation has occurred. The Legislative Inspector General
shall have the discretion to determine the appropriate
means of investigation as permitted by law.
(1.5) Notwithstanding any provision of law to the
contrary, the Legislative Inspector General, whether
appointed by the Legislative Ethics Commission or the
General Assembly, may initiate an investigation based on
information provided to the Office of the Legislative
Inspector General or the Legislative Ethics Commission
during the period from December 1, 2014 through November 3,
2017. Any investigation initiated under this paragraph
(1.5) must be initiated within one year after the effective
date of this amendatory Act of the 100th General Assembly.
Notwithstanding any provision of law to the contrary, the
Legislative Inspector General, through the Attorney General,
shall have the authority to file a complaint related to any
founded violations that occurred during the period December 1,
2014 through November 3, 2017 to the Legislative Ethics

HB0138 Enrolled - 28 - LRB100 03805 RJF 13810 b
Commission, and the Commission shall have jurisdiction to
conduct administrative hearings related to any pleadings filed
by the Legislative Inspector General, provided the complaint is
filed with the Commission no later than 6 months after the
summary report is provided to the Attorney General in
accordance with subsection (c) of Section 25-50.
(2) To request information relating to an
investigation from any person when the Legislative
Inspector General deems that information necessary in
conducting an investigation.
(3) To issue subpoenas, with the advance approval of
the Commission, to compel the attendance of witnesses for
the purposes of testimony and production of documents and
other items for inspection and copying and to make service
of those subpoenas and subpoenas issued under item (7) of
Section 25-15.
(4) To submit reports as required by this Act.
(5) To file pleadings in the name of the Legislative
Inspector General with the Legislative Ethics Commission,
through the Attorney General, as provided in this Article
if the Attorney General finds that reasonable cause exists
to believe that a violation has occurred.
(6) To assist and coordinate the ethics officers for
State agencies under the jurisdiction of the Legislative
Inspector General and to work with those ethics officers.
(7) To participate in or conduct, when appropriate,

HB0138 Enrolled - 29 - LRB100 03805 RJF 13810 b
multi-jurisdictional investigations.
(8) To request, as the Legislative Inspector General
deems appropriate, from ethics officers of State agencies
under his or her jurisdiction, reports or information on
(i) the content of a State agency's ethics training program
and (ii) the percentage of new officers and employees who
have completed ethics training.
(9) To establish a policy that ensures the appropriate
handling and correct recording of all investigations of
allegations and to ensure that the policy is accessible via
the Internet in order that those seeking to report those
allegations are familiar with the process and that the
subjects of those allegations are treated fairly.
(10) To post information to the Legislative Inspector
General's website explaining to complainants and subjects
of an investigation the legal limitations on the
Legislative Inspector General's ability to provide
information to them and a general overview of the
investigation process.
(Source: P.A. 100-553, eff. 11-16-17.)
(5 ILCS 430/25-50)
Sec. 25-50. Investigation reports.
(a) If the Legislative Inspector General, upon the
conclusion of an investigation, determines that reasonable
cause exists to believe that a violation has occurred, then the

HB0138 Enrolled - 30 - LRB100 03805 RJF 13810 b
Legislative Inspector General shall issue a summary report of
the investigation. The report shall be delivered to the
appropriate ultimate jurisdictional authority, and to the head
of each State agency affected by or involved in the
investigation, if appropriate, and the member, if any, that is
the subject of the report. The appropriate ultimate
jurisdictional authority or agency head and the member, if any,
that is the subject of the report shall respond to the summary
report within 20 days, in writing, to the Legislative Inspector
General. If the ultimate jurisdictional authority is the
subject of the report, he or she may only respond to the
summary report in his or her capacity as the subject of the
report and shall not respond in his or her capacity as the
ultimate jurisdictional authority. The response shall include
a description of any corrective or disciplinary action to be
imposed. If the appropriate ultimate jurisdictional authority
or the member that is the subject of the report does not
respond within 20 days, or within an extended time as agreed to
by the Legislative Inspector General, the Legislative
Inspector General may proceed under subsection (c) as if a
response had been received. A member receiving and responding
to a report under this Section shall be deemed to be acting in
his or her official capacity.
(b) The summary report of the investigation shall include
the following:
(1) A description of any allegations or other

HB0138 Enrolled - 31 - LRB100 03805 RJF 13810 b
information received by the Legislative Inspector General
pertinent to the investigation.
(2) A description of any alleged misconduct discovered
in the course of the investigation.
(3) Recommendations for any corrective or disciplinary
action to be taken in response to any alleged misconduct
described in the report, including but not limited to
discharge.
(4) Other information the Legislative Inspector
General deems relevant to the investigation or resulting
recommendations.
(c) Within 30 days after receiving a response from the
appropriate ultimate jurisdictional authority or agency head
under subsection (a), the Legislative Inspector General shall
notify the Commission and the Attorney General if the
Legislative Inspector General believes that a complaint should
be filed with the Commission. If the Legislative Inspector
General desires to file a complaint with the Commission, the
Legislative Inspector General shall submit the summary report
and supporting documents to the Attorney General. If the
Attorney General concludes that there is insufficient evidence
that a violation has occurred, the Attorney General shall
notify the Legislative Inspector General and the Legislative
Inspector General shall deliver to the Legislative Ethics
Commission a copy of the summary report and response from the
ultimate jurisdictional authority or agency head. If the

HB0138 Enrolled - 32 - LRB100 03805 RJF 13810 b
Attorney General determines that reasonable cause exists to
believe that a violation has occurred, then the Legislative
Inspector General, represented by the Attorney General, may
file with the Legislative Ethics Commission a complaint. The
complaint shall set forth the alleged violation and the grounds
that exist to support the complaint. Except as provided under
subsection (1.5) of Section 20, the The complaint must be filed
with the Commission within 18 months after the most recent act
of the alleged violation or of a series of alleged violations
except where there is reasonable cause to believe that
fraudulent concealment has occurred. To constitute fraudulent
concealment sufficient to toll this limitations period, there
must be an affirmative act or representation calculated to
prevent discovery of the fact that a violation has occurred. If
a complaint is not filed with the Commission within 6 months
after notice by the Inspector General to the Commission and the
Attorney General, then the Commission may set a meeting of the
Commission at which the Attorney General shall appear and
provide a status report to the Commission.
(c-5) Within 30 days after receiving a response from the
appropriate ultimate jurisdictional authority or agency head
under subsection (a), if the Legislative Inspector General does
not believe that a complaint should be filed, the Legislative
Inspector General shall deliver to the Legislative Ethics
Commission a statement setting forth the basis for the decision
not to file a complaint and a copy of the summary report and

HB0138 Enrolled - 33 - LRB100 03805 RJF 13810 b
response from the ultimate jurisdictional authority or agency
head. The Inspector General may also submit a redacted version
of the summary report and response from the ultimate
jurisdictional authority if the Inspector General believes
either contains information that, in the opinion of the
Inspector General, should be redacted prior to releasing the
report, may interfere with an ongoing investigation, or
identifies an informant or complainant.
(c-10) If, after reviewing the documents, the Commission
believes that further investigation is warranted, the
Commission may request that the Legislative Inspector General
provide additional information or conduct further
investigation. The Commission may also refer the summary report
and response from the ultimate jurisdictional authority to the
Attorney General for further investigation or review. If the
Commission requests the Attorney General to investigate or
review, the Commission must notify the Attorney General and the
Legislative Inspector General. The Attorney General may not
begin an investigation or review until receipt of notice from
the Commission. If, after review, the Attorney General
determines that reasonable cause exists to believe that a
violation has occurred, then the Attorney General may file a
complaint with the Legislative Ethics Commission. If the
Attorney General concludes that there is insufficient evidence
that a violation has occurred, the Attorney General shall
notify the Legislative Ethics Commission and the appropriate

HB0138 Enrolled - 34 - LRB100 03805 RJF 13810 b
Legislative Inspector General.
(d) A copy of the complaint filed with the Legislative
Ethics Commission must be served on all respondents named in
the complaint and on each respondent's ultimate jurisdictional
authority in the same manner as process is served under the
Code of Civil Procedure.
(e) A respondent may file objections to the complaint
within 30 days after notice of the petition has been served on
the respondent.
(f) The Commission shall meet, at least 30 days after the
complaint is served on all respondents either in person or by
telephone, in a closed session to review the sufficiency of the
complaint. The Commission shall issue notice by certified mail,
return receipt requested, to the Legislative Inspector
General, the Attorney General, and all respondents of the
Commission's ruling on the sufficiency of the complaint. If the
complaint is deemed to sufficiently allege a violation of this
Act, then the Commission shall include a hearing date scheduled
within 4 weeks after the date of the notice, unless all of the
parties consent to a later date. If the complaint is deemed not
to sufficiently allege a violation, then the Commission shall
send by certified mail, return receipt requested, a notice to
the Legislative Inspector General, the Attorney General, and
all respondents the decision to dismiss the complaint.
(g) On the scheduled date the Commission shall conduct a
closed meeting, either in person or, if the parties consent, by

HB0138 Enrolled - 35 - LRB100 03805 RJF 13810 b
telephone, on the complaint and allow all parties the
opportunity to present testimony and evidence. All such
proceedings shall be transcribed.
(h) Within an appropriate time limit set by rules of the
Legislative Ethics Commission, the Commission shall (i)
dismiss the complaint, (ii) issue a recommendation of
discipline to the respondent and the respondent's ultimate
jurisdictional authority, (iii) impose an administrative fine
upon the respondent, (iv) issue injunctive relief as described
in Section 50-10, or (v) impose a combination of (ii) through
(iv).
(i) The proceedings on any complaint filed with the
Commission shall be conducted pursuant to rules promulgated by
the Commission.
(j) The Commission may designate hearing officers to
conduct proceedings as determined by rule of the Commission.
(k) In all proceedings before the Commission, the standard
of proof is by a preponderance of the evidence.
(l) Within 30 days after the issuance of a final
administrative decision that concludes that a violation
occurred, the Legislative Ethics Commission shall make public
the entire record of proceedings before the Commission, the
decision, any recommendation, any discipline imposed, and the
response from the agency head or ultimate jurisdictional
authority to the Legislative Ethics Commission.
(Source: P.A. 96-555, eff. 8-18-09.)

HB0138 Enrolled - 36 - LRB100 03805 RJF 13810 b
(5 ILCS 430/25-70)
Sec. 25-70. Cooperation in investigations. It is the duty
of every officer and employee under the jurisdiction of the
Legislative Inspector General, including any inspector general
serving in any State agency under the jurisdiction of the
Legislative Inspector General, to cooperate with the
Legislative Inspector General and the Attorney General in any
investigation undertaken pursuant to this Act. Failure to
cooperate includes, but is not limited to, intentional
omissions and knowing false statements. Failure to cooperate
with an investigation of the Legislative Inspector General or
the Attorney General is grounds for disciplinary action,
including dismissal. Nothing in this Section limits or alters a
person's existing rights or privileges under State or federal
law.
(Source: P.A. 93-617, eff. 12-9-03.)
(5 ILCS 430/25-85)
Sec. 25-85. Quarterly reports by the Legislative Inspector
General. The Legislative Inspector General shall submit
quarterly reports of claims within his or her jurisdiction
filed with the Office of the Legislative Inspector General to
the General Assembly and the Legislative Ethics Commission, on
dates determined by the Legislative Ethics Commission,
indicating:

HB0138 Enrolled - 37 - LRB100 03805 RJF 13810 b
(1) the total number of allegations received since the
date of the last report and the total number of allegations
received since the date of the last report by category of
claim;
(2) the total number of investigations initiated since
the date of the last report and the total number of
investigations initiated since the date of the last report
by category of claim;
(3) the total number of investigations concluded since
the date of the last report and the total number of
investigations concluded since the date of the last report
by category of claim;
(4) the total number of investigations pending as of
the reporting date and the total number of investigations
pending as of the reporting date by category of claim;
(5) the total number of complaints forwarded to the
Attorney General since the date of the last report; and
(6) the total number of actions filed with the
Legislative Ethics Commission since the date of the last
report, and the total number of actions pending before the
Legislative Ethics Commission as of the reporting date, the
total number of actions filed with the Legislative Ethics
Commission since the date of the last report by category of
claim, and the total number of actions pending before the
Legislative Ethics Commission as of the reporting date by
category of claim;

HB0138 Enrolled - 38 - LRB100 03805 RJF 13810 b
(7) the number of allegations referred to any law
enforcement agency since the date of the last report;
(8) the total number of allegations referred to another
investigatory body since the date of the last report; and
(9) the cumulative number of each of the foregoing for
the current calendar year.
For the purposes of this Section, "category of claim" shall
include discrimination claims, harassment claims, sexual
harassment claims, retaliation claims, gift ban claims,
prohibited political activity claims, revolving door
prohibition claims, and other, miscellaneous, or
uncharacterized claims.
The quarterly report shall be available on the website of
the Legislative Inspector General.
(Source: P.A. 93-617, eff. 12-9-03.)
(5 ILCS 430/25-90)
Sec. 25-90. Confidentiality.
(a) The identity of any individual providing information or
reporting any possible or alleged misconduct to the Legislative
Inspector General or the Legislative Ethics Commission shall be
kept confidential and may not be disclosed without the consent
of that individual, unless the individual consents to
disclosure of his or her name or disclosure of the individual's
identity is otherwise required by law. The confidentiality
granted by this subsection does not preclude the disclosure of

HB0138 Enrolled - 39 - LRB100 03805 RJF 13810 b
the identity of a person in any capacity other than as the
source of an allegation.
(b) Subject to the provisions of Section 25-50(c),
commissioners, employees, and agents of the Legislative Ethics
Commission, the Legislative Inspector General, and employees
and agents of the Office of the Legislative Inspector General
shall keep confidential and shall not disclose information
exempted from disclosure under the Freedom of Information Act
or by this Act.
(c) In his or her discretion, the Legislative Inspector
General may notify complainants and subjects of an
investigation with an update on the status of the respective
investigation, including when the investigation is opened and
closed.
(Source: P.A. 93-617, eff. 12-9-03.)
(5 ILCS 430/25-95)
Sec. 25-95. Exemptions.
(a) Documents generated by an ethics officer under this
Act, except Section 5-50, are exempt from the provisions of the
Freedom of Information Act.
(a-5) Requests from ethics officers, members, and State
employees to the Office of the Legislative Inspector General, a
Special Legislative Inspector General, the Legislative Ethics
Commission, an ethics officer, or a person designated by a
legislative leader for guidance on matters involving the

HB0138 Enrolled - 40 - LRB100 03805 RJF 13810 b
interpretation or application of this Act or rules promulgated
under this Act are exempt from the provisions of the Freedom of
Information Act. Guidance provided to an ethics officer,
member, or State employee at the request of an ethics officer,
member, or State employee by the Office of the Legislative
Inspector General, a Special Legislative Inspector General,
the Legislative Ethics Commission, an ethics officer, or a
person designated by a legislative leader on matters involving
the interpretation or application of this Act or rules
promulgated under this Act is exempt from the provisions of the
Freedom of Information Act.
(b) Summary investigation reports released by the
Legislative Ethics Commission as provided in Section 25-52 are
public records. Otherwise, any allegations and related
documents submitted to the Legislative Inspector General and
any pleadings and related documents brought before the
Legislative Ethics Commission are exempt from the provisions of
the Freedom of Information Act so long as the Legislative
Ethics Commission does not make a finding of a violation of
this Act. If the Legislative Ethics Commission finds that a
violation has occurred, the entire record of proceedings before
the Commission, the decision and recommendation, and the
mandatory report from the agency head or ultimate
jurisdictional authority to the Legislative Ethics Commission
are not exempt from the provisions of the Freedom of
Information Act but information contained therein that is

HB0138 Enrolled - 41 - LRB100 03805 RJF 13810 b
exempt from the Freedom of Information Act must be redacted
before disclosure as provided in Section 8 of the Freedom of
Information Act.
(c) Meetings of the Commission are exempt from the
provisions of the Open Meetings Act.
(d) Unless otherwise provided in this Act, all
investigatory files and reports of the Office of the
Legislative Inspector General, other than quarterly monthly
reports under Section 25-85, are confidential, are exempt from
disclosure under the Freedom of Information Act, and shall not
be divulged to any person or agency, except as necessary (i) to
the appropriate law enforcement authority if the matter is
referred pursuant to this Act, (ii) to the ultimate
jurisdictional authority, or (iii) to the Legislative Ethics
Commission, or (iv) to the Executive Director of the
Legislative Ethics Commission to the extent necessary to advise
the Commission of all open investigations and any new
allegations or complaints received in the Office of the
Inspector General when there is a vacancy in the Office of
Inspector General pursuant to subparagraph (b-5) of Section
25-10.
(Source: P.A. 96-555, eff. 8-18-09.)
(5 ILCS 430/25-100 new)
Sec. 25-100. Reports.
(a) Within 30 days of the effective date of this amendatory

HB0138 Enrolled - 42 - LRB100 03805 RJF 13810 b
Act of the 100th General Assembly, for the period beginning
November 4, 2017 until the date of the report, the Legislative
Ethics Commission shall issue a report to the General Assembly
containing the following information: (i) the total number of
summary reports that the Inspector General requested be
published; (ii) the total number of summary reports that the
Inspector General closed without a request to be published;
(iii) the total number of summary reports that the Commission
agreed to publish; (iv) the total number of summary reports
that the Commission did not agree to publish; (v) the total
number of investigations that the Inspector General requested
to open; and (vi) the total number of investigations that the
Commission did not allow the Inspector General to open.
(b) The Legislative Ethics Commission shall issue a
quarterly report to the General Assembly within 30 days after
the end of each quarter containing the following information
for the preceding quarter: (i) the total number of summary
reports that the Inspector General requested be published; (ii)
the total number of summary reports that the Inspector General
closed without a request to be published; (iii) the total
number of summary reports that the Commission agreed to
publish; (iv) the total number of summary reports that the
Commission did not agree to publish; (v) the total number of
investigations that the Inspector General requested to open;
and (vi) the total number of investigations that the Commission
did not allow the Inspector General to open.

HB0138 Enrolled - 43 - LRB100 03805 RJF 13810 b
(c) The reports to the General Assembly under this Section
shall be provided to the Clerk of the House of Representatives
and the Secretary of the Senate in electronic form only, in the
manner that the Clerk and the Secretary shall direct.
(5 ILCS 430/25-105 new)
Sec. 25-105. Investigation of sexual harassment.
Notwithstanding any provision of law to the contrary, the
Legislative Inspector General may investigate any allegation
or complaint of sexual harassment without the approval of the
Legislative Ethics Commission. At each Legislative Ethics
Commission meeting, the Legislative Inspector General shall
inform the Commission of each investigation opened under this
Section since the last meeting of the Commission.
(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

HB0138 Enrolled - 44 - LRB100 03805 RJF 13810 b
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

HB0138 Enrolled - 45 - LRB100 03805 RJF 13810 b
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 up to 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 Election Code is amended by adding Section
7-8.03 as follows:

HB0138 Enrolled - 46 - LRB100 03805 RJF 13810 b
(10 ILCS 5/7-8.03 new)
Sec. 7-8.03. State central committees; discrimination and
harassment policies. No later than 90 days after the effective
date of this amendatory Act of the 100th General Assembly, each
State central committee of an established statewide political
party shall establish and maintain a policy that includes, at a
minimum: (i) a prohibition on discrimination and harassment;
(ii) details on how an individual can report an allegation of
discrimination or harassment; (iii) a prohibition on
retaliation for reporting discrimination or harassment
allegations; and (iv) the consequences of a violation of the
prohibition on sexual harassment and the consequences for
knowingly making a false report.
A State central committee, or its appropriate designee,
shall notify the Board of the adoption of the required
policies.
The requirements of this Section shall not prohibit a
political committee from considering political affiliation, as
permitted by law and the United States Constitution, when
hiring or retaining a person as an employee, consultant,
independent contractor, or volunteer.
Section 15. The Secretary of State Act is amended by
changing Section 14 as follows:
(15 ILCS 305/14)

HB0138 Enrolled - 47 - LRB100 03805 RJF 13810 b
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
years of which have been in a progressive investigatory

HB0138 Enrolled - 48 - LRB100 03805 RJF 13810 b
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
Office of the Secretary of State that are, in the judgment

HB0138 Enrolled - 49 - LRB100 03805 RJF 13810 b
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
any other privilege or right recognized by law or (ii) the

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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
be necessary for carrying out the duties and

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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
Lobbyist Registration Act, to review allegations that an

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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
that disclosure of the identity is reasonable and necessary for

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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
investigation or inquiry and the right to be represented in the

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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 20. The Legislative Information System Act is
amended by adding Section 9 as follows:

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(25 ILCS 145/9 new)
Sec. 9. Information regarding discrimination and
harassment. The System shall establish a page for electronic
public access on the General Assembly's website that provides
information regarding discrimination and harassment,
including, but not limited to:
(1) the name and contact information for the ethics officer
for each caucus;
(2) the name and contact information for the Legislative
Inspector General and information on how to file a complaint;
(3) a direct link to the website of the Department of Human
Rights for harassment and discrimination and the Department's
hotline phone number; and
(4) the name and contact information for the chief of staff
for each legislative caucus leader.
A direct link to the page required by this Section shall be
included on the front page of the General Assembly's website.
Section 25. The Lobbyist Registration Act is amended by
changing Section 11 as follows:
(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

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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
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

HB0138 Enrolled - 57 - LRB100 03805 RJF 13810 b
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. Nothing in this Section limits or alters a
person's existing rights or protections under State or federal
law.
(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.
(Source: P.A. 96-555, eff. 1-1-10; 96-1358, eff. 7-28-10.)
Section 30. The Illinois Human Rights Act is amended by
changing Sections 2-102, 2-107, and 7A-102 as follows:

HB0138 Enrolled - 58 - LRB100 03805 RJF 13810 b
(775 ILCS 5/2-102) (from Ch. 68, par. 2-102)
Sec. 2-102. Civil Rights Violations - Employment. It is a
civil rights violation:
(A) Employers. For any employer to refuse to hire, to
segregate, or to act with respect to recruitment, hiring,
promotion, renewal of employment, selection for training or
apprenticeship, discharge, discipline, tenure or terms,
privileges or conditions of employment on the basis of unlawful
discrimination or citizenship status.
(A-5) Language. For an employer to impose a restriction
that has the effect of prohibiting a language from being spoken
by an employee in communications that are unrelated to the
employee's duties.
For the purposes of this subdivision (A-5), "language"
means a person's native tongue, such as Polish, Spanish, or
Chinese. "Language" does not include such things as slang,
jargon, profanity, or vulgarity.
(B) Employment Agency. For any employment agency to fail or
refuse to classify properly, accept applications and register
for employment referral or apprenticeship referral, refer for
employment, or refer for apprenticeship on the basis of
unlawful discrimination or citizenship status or to accept from
any person any job order, requisition or request for referral
of applicants for employment or apprenticeship which makes or
has the effect of making unlawful discrimination or

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discrimination on the basis of citizenship status a condition
of referral.
(C) Labor Organization. For any labor organization to
limit, segregate or classify its membership, or to limit
employment opportunities, selection and training for
apprenticeship in any trade or craft, or otherwise to take, or
fail to take, any action which affects adversely any person's
status as an employee or as an applicant for employment or as
an apprentice, or as an applicant for apprenticeships, or
wages, tenure, hours of employment or apprenticeship
conditions on the basis of unlawful discrimination or
citizenship status.
(D) Sexual Harassment. For any employer, employee, agent of
any employer, employment agency or labor organization to engage
in sexual harassment; provided, that an employer shall be
responsible for sexual harassment of the employer's employees
by nonemployees or nonmanagerial and nonsupervisory employees
only if the employer becomes aware of the conduct and fails to
take reasonable corrective measures.
(E) Public Employers. For any public employer to refuse to
permit a public employee under its jurisdiction who takes time
off from work in order to practice his or her religious beliefs
to engage in work, during hours other than such employee's
regular working hours, consistent with the operational needs of
the employer and in order to compensate for work time lost for
such religious reasons. Any employee who elects such deferred

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work shall be compensated at the wage rate which he or she
would have earned during the originally scheduled work period.
The employer may require that an employee who plans to take
time off from work in order to practice his or her religious
beliefs provide the employer with a notice of his or her
intention to be absent from work not exceeding 5 days prior to
the date of absence.
(E-5) Religious discrimination. For any employer to impose
upon a person as a condition of obtaining or retaining
employment, including opportunities for promotion,
advancement, or transfer, any terms or conditions that would
require such person to violate or forgo a sincerely held
practice of his or her religion including, but not limited to,
the wearing of any attire, clothing, or facial hair in
accordance with the requirements of his or her religion,
unless, after engaging in a bona fide effort, the employer
demonstrates that it is unable to reasonably accommodate the
employee's or prospective employee's sincerely held religious
belief, practice, or observance without undue hardship on the
conduct of the employer's business.
Nothing in this Section prohibits an employer from enacting
a dress code or grooming policy that may include restrictions
on attire, clothing, or facial hair to maintain workplace
safety or food sanitation.
(F) Training and Apprenticeship Programs. For any
employer, employment agency or labor organization to

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discriminate against a person on the basis of age in the
selection, referral for or conduct of apprenticeship or
training programs.
(G) Immigration-Related Practices.
(1) for an employer to request for purposes of
satisfying the requirements of Section 1324a(b) of Title 8
of the United States Code, as now or hereafter amended,
more or different documents than are required under such
Section or to refuse to honor documents tendered that on
their face reasonably appear to be genuine; or
(2) for an employer participating in the E-Verify
Program, as authorized by 8 U.S.C. 1324a, Notes, Pilot
Programs for Employment Eligibility Confirmation (enacted
by PL 104-208, div. C title IV, subtitle A) to refuse to
hire, to segregate, or to act with respect to recruitment,
hiring, promotion, renewal of employment, selection for
training or apprenticeship, discharge, discipline, tenure
or terms, privileges or conditions of employment without
following the procedures under the E-Verify Program.
(H) (Blank).
(I) Pregnancy. For an employer to refuse to hire, to
segregate, or to act with respect to recruitment, hiring,
promotion, renewal of employment, selection for training or
apprenticeship, discharge, discipline, tenure or terms,
privileges or conditions of employment on the basis of
pregnancy, childbirth, or medical or common conditions related

HB0138 Enrolled - 62 - LRB100 03805 RJF 13810 b
to pregnancy or childbirth. Women affected by pregnancy,
childbirth, or medical or common conditions related to
pregnancy or childbirth shall be treated the same for all
employment-related purposes, including receipt of benefits
under fringe benefit programs, as other persons not so affected
but similar in their ability or inability to work, regardless
of the source of the inability to work or employment
classification or status.
(J) Pregnancy; reasonable accommodations.
(1) If after a job applicant or employee, including a
part-time, full-time, or probationary employee, requests a
reasonable accommodation, for an employer to not make
reasonable accommodations for any medical or common
condition of a job applicant or employee related to
pregnancy or childbirth, unless the employer can
demonstrate that the accommodation would impose an undue
hardship on the ordinary operation of the business of the
employer. The employer may request documentation from the
employee's health care provider concerning the need for the
requested reasonable accommodation or accommodations to
the same extent documentation is requested for conditions
related to disability if the employer's request for
documentation is job-related and consistent with business
necessity. The employer may require only the medical
justification for the requested accommodation or
accommodations, a description of the reasonable

HB0138 Enrolled - 63 - LRB100 03805 RJF 13810 b
accommodation or accommodations medically advisable, the
date the reasonable accommodation or accommodations became
medically advisable, and the probable duration of the
reasonable accommodation or accommodations. It is the duty
of the individual seeking a reasonable accommodation or
accommodations to submit to the employer any documentation
that is requested in accordance with this paragraph.
Notwithstanding the provisions of this paragraph, the
employer may require documentation by the employee's
health care provider to determine compliance with other
laws. The employee and employer shall engage in a timely,
good faith, and meaningful exchange to determine effective
reasonable accommodations.
(2) For an employer to deny employment opportunities or
benefits to or take adverse action against an otherwise
qualified job applicant or employee, including a
part-time, full-time, or probationary employee, if the
denial or adverse action is based on the need of the
employer to make reasonable accommodations to the known
medical or common conditions related to the pregnancy or
childbirth of the applicant or employee.
(3) For an employer to require a job applicant or
employee, including a part-time, full-time, or
probationary employee, affected by pregnancy, childbirth,
or medical or common conditions related to pregnancy or
childbirth to accept an accommodation when the applicant or

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employee did not request an accommodation and the applicant
or employee chooses not to accept the employer's
accommodation.
(4) For an employer to require an employee, including a
part-time, full-time, or probationary employee, to take
leave under any leave law or policy of the employer if
another reasonable accommodation can be provided to the
known medical or common conditions related to the pregnancy
or childbirth of an employee. No employer shall fail or
refuse to reinstate the employee affected by pregnancy,
childbirth, or medical or common conditions related to
pregnancy or childbirth to her original job or to an
equivalent position with equivalent pay and accumulated
seniority, retirement, fringe benefits, and other
applicable service credits upon her signifying her intent
to return or when her need for reasonable accommodation
ceases, unless the employer can demonstrate that the
accommodation would impose an undue hardship on the
ordinary operation of the business of the employer.
For the purposes of this subdivision (J), "reasonable
accommodations" means reasonable modifications or adjustments
to the job application process or work environment, or to the
manner or circumstances under which the position desired or
held is customarily performed, that enable an applicant or
employee affected by pregnancy, childbirth, or medical or
common conditions related to pregnancy or childbirth to be

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considered for the position the applicant desires or to perform
the essential functions of that position, and may include, but
is not limited to: more frequent or longer bathroom breaks,
breaks for increased water intake, and breaks for periodic
rest; private non-bathroom space for expressing breast milk and
breastfeeding; seating; assistance with manual labor; light
duty; temporary transfer to a less strenuous or hazardous
position; the provision of an accessible worksite; acquisition
or modification of equipment; job restructuring; a part-time or
modified work schedule; appropriate adjustment or
modifications of examinations, training materials, or
policies; reassignment to a vacant position; time off to
recover from conditions related to childbirth; and leave
necessitated by pregnancy, childbirth, or medical or common
conditions resulting from pregnancy or childbirth.
For the purposes of this subdivision (J), "undue hardship"
means an action that is prohibitively expensive or disruptive
when considered in light of the following factors: (i) the
nature and cost of the accommodation needed; (ii) the overall
financial resources of the facility or facilities involved in
the provision of the reasonable accommodation, the number of
persons employed at the facility, the effect on expenses and
resources, or the impact otherwise of the accommodation upon
the operation of the facility; (iii) the overall financial
resources of the employer, the overall size of the business of
the employer with respect to the number of its employees, and

HB0138 Enrolled - 66 - LRB100 03805 RJF 13810 b
the number, type, and location of its facilities; and (iv) the
type of operation or operations of the employer, including the
composition, structure, and functions of the workforce of the
employer, the geographic separateness, administrative, or
fiscal relationship of the facility or facilities in question
to the employer. The employer has the burden of proving undue
hardship. The fact that the employer provides or would be
required to provide a similar accommodation to similarly
situated employees creates a rebuttable presumption that the
accommodation does not impose an undue hardship on the
employer.
No employer is required by this subdivision (J) to create
additional employment that the employer would not otherwise
have created, unless the employer does so or would do so for
other classes of employees who need accommodation. The employer
is not required to discharge any employee, transfer any
employee with more seniority, or promote any employee who is
not qualified to perform the job, unless the employer does so
or would do so to accommodate other classes of employees who
need it.
(K) Notice.
(1) For an employer to fail to post or keep posted in a
conspicuous location on the premises of the employer where
notices to employees are customarily posted, or fail to
include in any employee handbook information concerning an
employee's rights under this Article, a notice, to be

HB0138 Enrolled - 67 - LRB100 03805 RJF 13810 b
prepared or approved by the Department, summarizing the
requirements of this Article and information pertaining to
the filing of a charge, including the right to be free from
unlawful discrimination, the right to be free from sexual
harassment, and the right to certain reasonable
accommodations. The Department shall make the documents
required under this paragraph available for retrieval from
the Department's website.
(2) Upon notification of a violation of paragraph (1)
of this subdivision (K), the Department may launch a
preliminary investigation. If the Department finds a
violation, the Department may issue a notice to show cause
giving the employer 30 days to correct the violation. If
the violation is not corrected, the Department may initiate
a charge of a civil rights violation.
(Source: P.A. 100-100, eff. 8-11-17.)
(775 ILCS 5/2-107)
Sec. 2-107. Helpline Hotline to Report Sexual Harassment
and Discrimination.
(a) The Department shall, no later than 3 months after the
effective date of this amendatory Act of the 100th General
Assembly, establish and maintain a sexual harassment and
discrimination helpline hotline. The Department shall help
persons who contact the Department through the helpline hotline
find necessary resources, including counseling services, and

HB0138 Enrolled - 68 - LRB100 03805 RJF 13810 b
assist in the filing of sexual harassment and discrimination
complaints with the Department or other applicable agencies.
The Department may recommend individual seek private counsel,
but shall not make recommendations for legal representation.
The helpline hotline shall provide the means through which
persons may anonymously report sexual harassment and
discrimination in both private and public places of employment.
In the case of a report of sexual harassment and discrimination
by a person subject to Article 20 or 25 of the State Officials
and Employees Ethics Act, the Department shall, with the
permission of the reporting individual, report the allegations
to the Executive Inspector General or Legislative Inspector
General for further investigation.
(b) The Department shall advertise the helpline hotline on
its website and in materials related to sexual harassment and
discrimination, including posters made available to the
public, and encourage reporting by both those who are subject
to sexual harassment and discrimination and those who have
witnessed it.
(c) All communications received by the Department via the
helpline hotline or Internet communication shall remain
confidential and shall be exempt from disclosure under the
Freedom of Information Act.
(d) As used in this Section, "helpline" "hotline" means a
toll-free telephone with voicemail capabilities and an
Internet website through which persons may report instances of

HB0138 Enrolled - 69 - LRB100 03805 RJF 13810 b
sexual harassment and discrimination.
(e) The Department shall annually evaluate the helpline and
report to the Clerk of the House of Representatives and the
Secretary of the Senate in electronic form only, in the manner
that the Clerk and the Secretary shall direct, the following
information: (i) the total number of calls received, including
messages left during non-business hours; (ii) the number of
calls reporting sexual discrimination claims; (iii) the number
of calls reporting harassment claims; (iv) the number of calls
reporting sexual harassment claims; (v) the number of calls
that were referred to each Executive Inspector General; and
(vi) the number of calls that were referred to the Legislative
Inspector General.
(Source: P.A. 100-554, eff. 11-16-17.)
(775 ILCS 5/7A-102) (from Ch. 68, par. 7A-102)
Sec. 7A-102. Procedures.
(A) Charge.
(1) Within 300 calendar 180 days after the date that a
civil rights violation allegedly has been committed, a
charge in writing under oath or affirmation may be filed
with the Department by an aggrieved party or issued by the
Department itself under the signature of the Director.
(2) The charge shall be in such detail as to
substantially apprise any party properly concerned as to
the time, place, and facts surrounding the alleged civil

HB0138 Enrolled - 70 - LRB100 03805 RJF 13810 b
rights violation.
(3) Charges deemed filed with the Department pursuant
to subsection (A-1) of this Section shall be deemed to be
in compliance with this subsection.
(A-1) Equal Employment Opportunity Commission Charges.
(1) If a charge is filed with the Equal Employment
Opportunity Commission (EEOC) within 300 calendar 180 days
after the date of the alleged civil rights violation, the
charge shall be deemed filed with the Department on the
date filed with the EEOC. If the EEOC is the governmental
agency designated to investigate the charge first, the
Department shall take no action until the EEOC makes a
determination on the charge and after the complainant
notifies the Department of the EEOC's determination. In
such cases, after receiving notice from the EEOC that a
charge was filed, the Department shall notify the parties
that (i) a charge has been received by the EEOC and has
been sent to the Department for dual filing purposes; (ii)
the EEOC is the governmental agency responsible for
investigating the charge and that the investigation shall
be conducted pursuant to the rules and procedures adopted
by the EEOC; (iii) it will take no action on the charge
until the EEOC issues its determination; (iv) the
complainant must submit a copy of the EEOC's determination
within 30 days after service of the determination by the
EEOC on complainant; and (v) that the time period to

HB0138 Enrolled - 71 - LRB100 03805 RJF 13810 b
investigate the charge contained in subsection (G) of this
Section is tolled from the date on which the charge is
filed with the EEOC until the EEOC issues its
determination.
(2) If the EEOC finds reasonable cause to believe that
there has been a violation of federal law and if the
Department is timely notified of the EEOC's findings by
complainant, the Department shall notify complainant that
the Department has adopted the EEOC's determination of
reasonable cause and that complainant has the right, within
90 days after receipt of the Department's notice, to either
file his or her own complaint with the Illinois Human
Rights Commission or commence a civil action in the
appropriate circuit court or other appropriate court of
competent jurisdiction. The Department's notice to
complainant that the Department has adopted the EEOC's
determination of reasonable cause shall constitute the
Department's Report for purposes of subparagraph (D) of
this Section.
(3) For those charges alleging violations within the
jurisdiction of both the EEOC and the Department and for
which the EEOC either (i) does not issue a determination,
but does issue the complainant a notice of a right to sue,
including when the right to sue is issued at the request of
the complainant, or (ii) determines that it is unable to
establish that illegal discrimination has occurred and

HB0138 Enrolled - 72 - LRB100 03805 RJF 13810 b
issues the complainant a right to sue notice, and if the
Department is timely notified of the EEOC's determination
by complainant, the Department shall notify the parties
that the Department will adopt the EEOC's determination as
a dismissal for lack of substantial evidence unless the
complainant requests in writing within 35 days after
receipt of the Department's notice that the Department
review the EEOC's determination.
(a) If the complainant does not file a written
request with the Department to review the EEOC's
determination within 35 days after receipt of the
Department's notice, the Department shall notify
complainant that the decision of the EEOC has been
adopted by the Department as a dismissal for lack of
substantial evidence and that the complainant has the
right, within 90 days after receipt of the Department's
notice, to commence a civil action in the appropriate
circuit court or other appropriate court of competent
jurisdiction. The Department's notice to complainant
that the Department has adopted the EEOC's
determination shall constitute the Department's report
for purposes of subparagraph (D) of this Section.
(b) If the complainant does file a written request
with the Department to review the EEOC's
determination, the Department shall review the EEOC's
determination and any evidence obtained by the EEOC

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during its investigation. If, after reviewing the
EEOC's determination and any evidence obtained by the
EEOC, the Department determines there is no need for
further investigation of the charge, the Department
shall issue a report and the Director shall determine
whether there is substantial evidence that the alleged
civil rights violation has been committed pursuant to
subsection (D) of Section 7A-102. If, after reviewing
the EEOC's determination and any evidence obtained by
the EEOC, the Department determines there is a need for
further investigation of the charge, the Department
may conduct any further investigation it deems
necessary. After reviewing the EEOC's determination,
the evidence obtained by the EEOC, and any additional
investigation conducted by the Department, the
Department shall issue a report and the Director shall
determine whether there is substantial evidence that
the alleged civil rights violation has been committed
pursuant to subsection (D) of Section 7A-102 of this
Act.
(4) Pursuant to this Section, if the EEOC dismisses the
charge or a portion of the charge of discrimination
because, under federal law, the EEOC lacks jurisdiction
over the charge, and if, under this Act, the Department has
jurisdiction over the charge of discrimination, the
Department shall investigate the charge or portion of the

HB0138 Enrolled - 74 - LRB100 03805 RJF 13810 b
charge dismissed by the EEOC for lack of jurisdiction
pursuant to subsections (A), (A-1), (B), (B-1), (C), (D),
(E), (F), (G), (H), (I), (J), and (K) of Section 7A-102 of
this Act.
(5) The time limit set out in subsection (G) of this
Section is tolled from the date on which the charge is
filed with the EEOC to the date on which the EEOC issues
its determination.
(B) Notice and Response to Charge. The Department shall,
within 10 days of the date on which the charge was filed, serve
a copy of the charge on the respondent. This period shall not
be construed to be jurisdictional. The charging party and the
respondent may each file a position statement and other
materials with the Department regarding the charge of alleged
discrimination within 60 days of receipt of the notice of the
charge. The position statements and other materials filed shall
remain confidential unless otherwise agreed to by the party
providing the information and shall not be served on or made
available to the other party during pendency of a charge with
the Department. The Department may require the respondent to
file a response to the allegations contained in the charge.
Upon the Department's request, the respondent shall file a
response to the charge within 60 days and shall serve a copy of
its response on the complainant or his or her representative.
Notwithstanding any request from the Department, the
respondent may elect to file a response to the charge within 60

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days of receipt of notice of the charge, provided the
respondent serves a copy of its response on the complainant or
his or her representative. All allegations contained in the
charge not denied by the respondent within 60 days of the
Department's request for a response may be deemed admitted,
unless the respondent states that it is without sufficient
information to form a belief with respect to such allegation.
The Department may issue a notice of default directed to any
respondent who fails to file a response to a charge within 60
days of receipt of the Department's request, unless the
respondent can demonstrate good cause as to why such notice
should not issue. The term "good cause" shall be defined by
rule promulgated by the Department. Within 30 days of receipt
of the respondent's response, the complainant may file a reply
to said response and shall serve a copy of said reply on the
respondent or his or her representative. A party shall have the
right to supplement his or her response or reply at any time
that the investigation of the charge is pending. The Department
shall, within 10 days of the date on which the charge was
filed, and again no later than 335 days thereafter, send by
certified or registered mail written notice to the complainant
and to the respondent informing the complainant of the
complainant's right to either file a complaint with the Human
Rights Commission or commence a civil action in the appropriate
circuit court under subparagraph (2) of paragraph (G),
including in such notice the dates within which the complainant

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may exercise this right. In the notice the Department shall
notify the complainant that the charge of civil rights
violation will be dismissed with prejudice and with no right to
further proceed if a written complaint is not timely filed with
the Commission or with the appropriate circuit court by the
complainant pursuant to subparagraph (2) of paragraph (G) or by
the Department pursuant to subparagraph (1) of paragraph (G).
(B-1) Mediation. The complainant and respondent may agree
to voluntarily submit the charge to mediation without waiving
any rights that are otherwise available to either party
pursuant to this Act and without incurring any obligation to
accept the result of the mediation process. Nothing occurring
in mediation shall be disclosed by the Department or admissible
in evidence in any subsequent proceeding unless the complainant
and the respondent agree in writing that such disclosure be
made.
(C) Investigation.
(1) The Department shall conduct an investigation
sufficient to determine whether the allegations set forth
in the charge are supported by substantial evidence.
(2) The Director or his or her designated
representatives shall have authority to request any member
of the Commission to issue subpoenas to compel the
attendance of a witness or the production for examination
of any books, records or documents whatsoever.
(3) If any witness whose testimony is required for any

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investigation resides outside the State, or through
illness or any other good cause as determined by the
Director is unable to be interviewed by the investigator or
appear at a fact finding conference, his or her testimony
or deposition may be taken, within or without the State, in
the same manner as is provided for in the taking of
depositions in civil cases in circuit courts.
(4) Upon reasonable notice to the complainant and the
respondent, the Department shall conduct a fact finding
conference, unless prior to 365 days after the date on
which the charge was filed the Director has determined
whether there is substantial evidence that the alleged
civil rights violation has been committed, the charge has
been dismissed for lack of jurisdiction, or the parties
voluntarily and in writing agree to waive the fact finding
conference. Any party's failure to attend the conference
without good cause shall result in dismissal or default.
The term "good cause" shall be defined by rule promulgated
by the Department. A notice of dismissal or default shall
be issued by the Director. The notice of default issued by
the Director shall notify the respondent that a request for
review may be filed in writing with the Commission within
30 days of receipt of notice of default. The notice of
dismissal issued by the Director shall give the complainant
notice of his or her right to seek review of the dismissal
before the Human Rights Commission or commence a civil

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action in the appropriate circuit court. If the complainant
chooses to have the Human Rights Commission review the
dismissal order, he or she shall file a request for review
with the Commission within 90 days after receipt of the
Director's notice. If the complainant chooses to file a
request for review with the Commission, he or she may not
later commence a civil action in a circuit court. If the
complainant chooses to commence a civil action in a circuit
court, he or she must do so within 90 days after receipt of
the Director's notice.
(D) Report.
(1) Each charge shall be the subject of a report to the
Director. The report shall be a confidential document
subject to review by the Director, authorized Department
employees, the parties, and, where indicated by this Act,
members of the Commission or their designated hearing
officers.
(2) Upon review of the report, the Director shall
determine whether there is substantial evidence that the
alleged civil rights violation has been committed. The
determination of substantial evidence is limited to
determining the need for further consideration of the
charge pursuant to this Act and includes, but is not
limited to, findings of fact and conclusions, as well as
the reasons for the determinations on all material issues.
Substantial evidence is evidence which a reasonable mind

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accepts as sufficient to support a particular conclusion
and which consists of more than a mere scintilla but may be
somewhat less than a preponderance.
(3) If the Director determines that there is no
substantial evidence, the charge shall be dismissed by
order of the Director and the Director shall give the
complainant notice of his or her right to seek review of
the dismissal order before the Commission or commence a
civil action in the appropriate circuit court. If the
complainant chooses to have the Human Rights Commission
review the dismissal order, he or she shall file a request
for review with the Commission within 90 days after receipt
of the Director's notice. If the complainant chooses to
file a request for review with the Commission, he or she
may not later commence a civil action in a circuit court.
If the complainant chooses to commence a civil action in a
circuit court, he or she must do so within 90 days after
receipt of the Director's notice.
(4) If the Director determines that there is
substantial evidence, he or she shall notify the
complainant and respondent of that determination. The
Director shall also notify the parties that the complainant
has the right to either commence a civil action in the
appropriate circuit court or request that the Department of
Human Rights file a complaint with the Human Rights
Commission on his or her behalf. Any such complaint shall

HB0138 Enrolled - 80 - LRB100 03805 RJF 13810 b
be filed within 90 days after receipt of the Director's
notice. If the complainant chooses to have the Department
file a complaint with the Human Rights Commission on his or
her behalf, the complainant must, within 30 days after
receipt of the Director's notice, request in writing that
the Department file the complaint. If the complainant
timely requests that the Department file the complaint, the
Department shall file the complaint on his or her behalf.
If the complainant fails to timely request that the
Department file the complaint, the complainant may file his
or her complaint with the Commission or commence a civil
action in the appropriate circuit court. If the complainant
files a complaint with the Human Rights Commission, the
complainant shall give notice to the Department of the
filing of the complaint with the Human Rights Commission.
(E) Conciliation.
(1) When there is a finding of substantial evidence,
the Department may designate a Department employee who is
an attorney licensed to practice in Illinois to endeavor to
eliminate the effect of the alleged civil rights violation
and to prevent its repetition by means of conference and
conciliation.
(2) When the Department determines that a formal
conciliation conference is necessary, the complainant and
respondent shall be notified of the time and place of the
conference by registered or certified mail at least 10 days

HB0138 Enrolled - 81 - LRB100 03805 RJF 13810 b
prior thereto and either or both parties shall appear at
the conference in person or by attorney.
(3) The place fixed for the conference shall be within
35 miles of the place where the civil rights violation is
alleged to have been committed.
(4) Nothing occurring at the conference shall be
disclosed by the Department unless the complainant and
respondent agree in writing that such disclosure be made.
(5) The Department's efforts to conciliate the matter
shall not stay or extend the time for filing the complaint
with the Commission or the circuit court.
(F) Complaint.
(1) When the complainant requests that the Department
file a complaint with the Commission on his or her behalf,
the Department shall prepare a written complaint, under
oath or affirmation, stating the nature of the civil rights
violation substantially as alleged in the charge
previously filed and the relief sought on behalf of the
aggrieved party. The Department shall file the complaint
with the Commission.
(2) If the complainant chooses to commence a civil
action in a circuit court, he or she must do so in the
circuit court in the county wherein the civil rights
violation was allegedly committed. The form of the
complaint in any such civil action shall be in accordance
with the Illinois Code of Civil Procedure.

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(G) Time Limit.
(1) When a charge of a civil rights violation has been
properly filed, the Department, within 365 days thereof or
within any extension of that period agreed to in writing by
all parties, shall issue its report as required by
subparagraph (D). Any such report shall be duly served upon
both the complainant and the respondent.
(2) If the Department has not issued its report within
365 days after the charge is filed, or any such longer
period agreed to in writing by all the parties, the
complainant shall have 90 days to either file his or her
own complaint with the Human Rights Commission or commence
a civil action in the appropriate circuit court. If the
complainant files a complaint with the Commission, the form
of the complaint shall be in accordance with the provisions
of paragraph (F)(1). If the complainant commences a civil
action in a circuit court, the form of the complaint shall
be in accordance with the Illinois Code of Civil Procedure.
The aggrieved party shall notify the Department that a
complaint has been filed and shall serve a copy of the
complaint on the Department on the same date that the
complaint is filed with the Commission or in circuit court.
If the complainant files a complaint with the Commission,
he or she may not later commence a civil action in circuit
court.
(3) If an aggrieved party files a complaint with the

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Human Rights Commission or commences a civil action in
circuit court pursuant to paragraph (2) of this subsection,
or if the time period for filing a complaint has expired,
the Department shall immediately cease its investigation
and dismiss the charge of civil rights violation. Any final
order entered by the Commission under this Section is
appealable in accordance with paragraph (B)(1) of Section
8-111. Failure to immediately cease an investigation and
dismiss the charge of civil rights violation as provided in
this paragraph (3) constitutes grounds for entry of an
order by the circuit court permanently enjoining the
investigation. The Department may also be liable for any
costs and other damages incurred by the respondent as a
result of the action of the Department.
(4) The Department shall stay any administrative
proceedings under this Section after the filing of a civil
action by or on behalf of the aggrieved party under any
federal or State law seeking relief with respect to the
alleged civil rights violation.
(H) This amendatory Act of 1995 applies to causes of action
filed on or after January 1, 1996.
(I) This amendatory Act of 1996 applies to causes of action
filed on or after January 1, 1996.
(J) The changes made to this Section by Public Act 95-243
apply to charges filed on or after the effective date of those
changes.

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(K) The changes made to this Section by this amendatory Act
of the 96th General Assembly apply to charges filed on or after
the effective date of those changes.
(Source: P.A. 100-492, eff. 9-8-17.)
Section 99. Effective date. This Act takes effect upon
becoming law.