Bill Text: IL HB4148 | 2017-2018 | 100th General Assembly | Introduced

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Bill Title: Contains a statement of legislative findings. Amends the Illinois Human Rights Act and the State Officials and Employees Ethics Act. Provides that the Department of Human Rights shall, no later than 6 months after the effective date of the amendatory Act, establish and maintain a sexual harassment in the workplace hotline with a toll-free telephone with voicemail capabilities and an Internet website through which persons may report instances of sexual harassment. Provides that the Department shall help persons who access the hotline find counseling and protective services, and assist in the filing of sexual harassment complaints through appropriate agencies. Provides that the Department shall advertise the hotline and encourage reporting by both those who are subject to sexual harassment and those who have witnessed it. Provides that the hotline shall provide the means through which persons may anonymously report sexual harassment in both private and public places of employment. Provides that in the case of sexual harassment by a person subject to the Executive Ethics Commission and Executive Inspectors General or the Legislative Ethics Commission and Legislative Inspector General Article 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. Provides that the Executive Inspector General and Legislative Inspector General have the duty to investigate allegations of sexual harassment pertaining to State officials and employees, and to advertise the sexual harassment hotline on the website of the inspector general. Effective immediately.

Spectrum: Partisan Bill (Republican 4-0)

Status: (Failed) 2019-01-08 - Session Sine Die [HB4148 Detail]

Download: Illinois-2017-HB4148-Introduced.html

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100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 HB4148 Introduced , by Rep. Jim Durkin SYNOPSIS AS INTRODUCED:
See Index
Contains a statement of legislative findings. Amends the Illinois Human Rights Act and the State Officials and Employees Ethics Act. Provides that the Department of Human Rights shall, no later than 6 months after the effective date of the amendatory Act, establish and maintain a sexual harassment in the workplace hotline with a toll-free telephone with voicemail capabilities and an Internet website through which persons may report instances of sexual harassment. Provides that the Department shall help persons who access the hotline find counseling and protective services, and assist in the filing of sexual harassment complaints through appropriate agencies. Provides that the Department shall advertise the hotline and encourage reporting by both those who are subject to sexual harassment and those who have witnessed it. Provides that the hotline shall provide the means through which persons may anonymously report sexual harassment in both private and public places of employment. Provides that in the case of sexual harassment by a person subject to the Executive Ethics Commission and Executive Inspectors General or the Legislative Ethics Commission and Legislative Inspector General Article 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. Provides that the Executive Inspector General and Legislative Inspector General have the duty to investigate allegations of sexual harassment pertaining to State officials and employees, and to advertise the sexual harassment hotline on the website of the inspector general. Effective immediately.
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FISCAL NOTE ACT MAY APPLY
A BILL FOR
HB4148 LRB100 15480 HEP 30537 b
AN ACT concerning sexual harassment.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Legislative statement. The General Assembly
finds and declares the following:
(1) As disturbing reports of sexual harassment in State
government have come to light, the General Assembly must
take steps to end this behavior for all Illinois residents.
(2) Many employees in this State do not have a human
resources department to help them when sexual harassment
occurs in the workplace.
(3) A toll-free telephone number and website through
which complaints may be filed will provide persons
subjected to sexual harassment the tools necessary to
safely and proactively report instances of sexual
harassment in the workplace.
(4) A sexual harassment hotline will give everyone
across the State access to resources when they are needed
the most. Witnesses of sexual harassment are encouraged to
file reports, in order to help bring sexual harassment to
light and prevent future incidents.
(5) By making it easier and safer for persons to report
sexual harassment behavior, the General Assembly seeks to
protect persons who report sexual harassment from

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retribution, while empowering them to stand strong against
perpetrators.
Section 5. The State Officials and Employees Ethics Act is
amended by changing Sections 20-20 and 25-20 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.
(2) To request information relating to an
investigation from any person when the Executive Inspector
General deems that information necessary in conducting an
investigation.

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(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.
(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

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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 advertise on its website the sexual harassment
hotline created under Section 2-107 of the Illinois Human
Rights Act.
(12) To investigate allegations of sexual harassment
referred to the Executive Inspector General by the
Department of Human Rights under Section 2-107 of the
Illinois Human Rights Act.
(Source: P.A. 96-555, eff. 8-18-09.)
(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. 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

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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.
(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,

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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 advertise on its website the sexual harassment
hotline created under Section 2-107 of the Illinois Human
Rights Act.
(11) To investigate allegations of sexual harassment
referred to the Legislative Inspector General by the
Department of Human Rights under Section 2-107 of the
Illinois Human Rights Act.
(Source: P.A. 96-555, eff. 8-18-09.)
Section 10. The Illinois Human Rights Act is amended by
adding Section 2-107 as follows:
(775 ILCS 5/2-107 new)

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Sec. 2-107. Sexual harassment in the workplace hotline.
(a) The Department shall, no later than 6 months after the
effective date of this amendatory Act of the 100th General
Assembly, establish and maintain a sexual harassment in the
workplace hotline. The Department shall help persons who access
the hotline find counseling and protective services and assist
in the filing of sexual harassment complaints through
appropriate agencies. The Department shall advertise the
hotline and encourage reporting by both those who are subject
to sexual harassment and those who have witnessed it.
As used in this Section, "hotline" means a toll-free
telephone with voicemail capabilities and Internet website
through which persons may report instances of sexual
harassment.
(b) The hotline shall provide the means through which
persons may anonymously report sexual harassment in both
private and public places of employment. In the case of a
report of sexual harassment 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.
Section 99. Effective date. This Act takes effect upon
becoming law.
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INDEX
Statutes amended in order of appearance