Bill Text: IL SB0402 | 2017-2018 | 100th General Assembly | Chaptered


Bill Title: Amends the Open Meetings Act. Makes a technical change in a Section concerning definitions.

Spectrum: Moderate Partisan Bill (Democrat 57-9)

Status: (Passed) 2017-11-16 - Public Act . . . . . . . . . 100-0554 [SB0402 Detail]

Download: Illinois-2017-SB0402-Chaptered.html



Public Act 100-0554
SB0402 EnrolledLRB100 04971 RJF 14981 b
AN ACT concerning government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Administrative Procedure Act is
amended by changing Section 5-45 as follows:
(5 ILCS 100/5-45) (from Ch. 127, par. 1005-45)
Sec. 5-45. Emergency rulemaking.
(a) "Emergency" means the existence of any situation that
any agency finds reasonably constitutes a threat to the public
interest, safety, or welfare.
(b) If any agency finds that an emergency exists that
requires adoption of a rule upon fewer days than is required by
Section 5-40 and states in writing its reasons for that
finding, the agency may adopt an emergency rule without prior
notice or hearing upon filing a notice of emergency rulemaking
with the Secretary of State under Section 5-70. The notice
shall include the text of the emergency rule and shall be
published in the Illinois Register. Consent orders or other
court orders adopting settlements negotiated by an agency may
be adopted under this Section. Subject to applicable
constitutional or statutory provisions, an emergency rule
becomes effective immediately upon filing under Section 5-65 or
at a stated date less than 10 days thereafter. The agency's
finding and a statement of the specific reasons for the finding
shall be filed with the rule. The agency shall take reasonable
and appropriate measures to make emergency rules known to the
persons who may be affected by them.
(c) An emergency rule may be effective for a period of not
longer than 150 days, but the agency's authority to adopt an
identical rule under Section 5-40 is not precluded. No
emergency rule may be adopted more than once in any 24-month
period, except that this limitation on the number of emergency
rules that may be adopted in a 24-month period does not apply
to (i) emergency rules that make additions to and deletions
from the Drug Manual under Section 5-5.16 of the Illinois
Public Aid Code or the generic drug formulary under Section
3.14 of the Illinois Food, Drug and Cosmetic Act, (ii)
emergency rules adopted by the Pollution Control Board before
July 1, 1997 to implement portions of the Livestock Management
Facilities Act, (iii) emergency rules adopted by the Illinois
Department of Public Health under subsections (a) through (i)
of Section 2 of the Department of Public Health Act when
necessary to protect the public's health, (iv) emergency rules
adopted pursuant to subsection (n) of this Section, (v)
emergency rules adopted pursuant to subsection (o) of this
Section, or (vi) emergency rules adopted pursuant to subsection
(c-5) of this Section. Two or more emergency rules having
substantially the same purpose and effect shall be deemed to be
a single rule for purposes of this Section.
(c-5) To facilitate the maintenance of the program of group
health benefits provided to annuitants, survivors, and retired
employees under the State Employees Group Insurance Act of
1971, rules to alter the contributions to be paid by the State,
annuitants, survivors, retired employees, or any combination
of those entities, for that program of group health benefits,
shall be adopted as emergency rules. The adoption of those
rules shall be considered an emergency and necessary for the
public interest, safety, and welfare.
(d) In order to provide for the expeditious and timely
implementation of the State's fiscal year 1999 budget,
emergency rules to implement any provision of Public Act 90-587
or 90-588 or any other budget initiative for fiscal year 1999
may be adopted in accordance with this Section by the agency
charged with administering that provision or initiative,
except that the 24-month limitation on the adoption of
emergency rules and the provisions of Sections 5-115 and 5-125
do not apply to rules adopted under this subsection (d). The
adoption of emergency rules authorized by this subsection (d)
shall be deemed to be necessary for the public interest,
safety, and welfare.
(e) In order to provide for the expeditious and timely
implementation of the State's fiscal year 2000 budget,
emergency rules to implement any provision of Public Act 91-24
or any other budget initiative for fiscal year 2000 may be
adopted in accordance with this Section by the agency charged
with administering that provision or initiative, except that
the 24-month limitation on the adoption of emergency rules and
the provisions of Sections 5-115 and 5-125 do not apply to
rules adopted under this subsection (e). The adoption of
emergency rules authorized by this subsection (e) shall be
deemed to be necessary for the public interest, safety, and
welfare.
(f) In order to provide for the expeditious and timely
implementation of the State's fiscal year 2001 budget,
emergency rules to implement any provision of Public Act 91-712
or any other budget initiative for fiscal year 2001 may be
adopted in accordance with this Section by the agency charged
with administering that provision or initiative, except that
the 24-month limitation on the adoption of emergency rules and
the provisions of Sections 5-115 and 5-125 do not apply to
rules adopted under this subsection (f). The adoption of
emergency rules authorized by this subsection (f) shall be
deemed to be necessary for the public interest, safety, and
welfare.
(g) In order to provide for the expeditious and timely
implementation of the State's fiscal year 2002 budget,
emergency rules to implement any provision of Public Act 92-10
or any other budget initiative for fiscal year 2002 may be
adopted in accordance with this Section by the agency charged
with administering that provision or initiative, except that
the 24-month limitation on the adoption of emergency rules and
the provisions of Sections 5-115 and 5-125 do not apply to
rules adopted under this subsection (g). The adoption of
emergency rules authorized by this subsection (g) shall be
deemed to be necessary for the public interest, safety, and
welfare.
(h) In order to provide for the expeditious and timely
implementation of the State's fiscal year 2003 budget,
emergency rules to implement any provision of Public Act 92-597
or any other budget initiative for fiscal year 2003 may be
adopted in accordance with this Section by the agency charged
with administering that provision or initiative, except that
the 24-month limitation on the adoption of emergency rules and
the provisions of Sections 5-115 and 5-125 do not apply to
rules adopted under this subsection (h). The adoption of
emergency rules authorized by this subsection (h) shall be
deemed to be necessary for the public interest, safety, and
welfare.
(i) In order to provide for the expeditious and timely
implementation of the State's fiscal year 2004 budget,
emergency rules to implement any provision of Public Act 93-20
or any other budget initiative for fiscal year 2004 may be
adopted in accordance with this Section by the agency charged
with administering that provision or initiative, except that
the 24-month limitation on the adoption of emergency rules and
the provisions of Sections 5-115 and 5-125 do not apply to
rules adopted under this subsection (i). The adoption of
emergency rules authorized by this subsection (i) shall be
deemed to be necessary for the public interest, safety, and
welfare.
(j) In order to provide for the expeditious and timely
implementation of the provisions of the State's fiscal year
2005 budget as provided under the Fiscal Year 2005 Budget
Implementation (Human Services) Act, emergency rules to
implement any provision of the Fiscal Year 2005 Budget
Implementation (Human Services) Act may be adopted in
accordance with this Section by the agency charged with
administering that provision, except that the 24-month
limitation on the adoption of emergency rules and the
provisions of Sections 5-115 and 5-125 do not apply to rules
adopted under this subsection (j). The Department of Public Aid
may also adopt rules under this subsection (j) necessary to
administer the Illinois Public Aid Code and the Children's
Health Insurance Program Act. The adoption of emergency rules
authorized by this subsection (j) shall be deemed to be
necessary for the public interest, safety, and welfare.
(k) In order to provide for the expeditious and timely
implementation of the provisions of the State's fiscal year
2006 budget, emergency rules to implement any provision of
Public Act 94-48 or any other budget initiative for fiscal year
2006 may be adopted in accordance with this Section by the
agency charged with administering that provision or
initiative, except that the 24-month limitation on the adoption
of emergency rules and the provisions of Sections 5-115 and
5-125 do not apply to rules adopted under this subsection (k).
The Department of Healthcare and Family Services may also adopt
rules under this subsection (k) necessary to administer the
Illinois Public Aid Code, the Senior Citizens and Persons with
Disabilities Property Tax Relief Act, the Senior Citizens and
Disabled Persons Prescription Drug Discount Program Act (now
the Illinois Prescription Drug Discount Program Act), and the
Children's Health Insurance Program Act. The adoption of
emergency rules authorized by this subsection (k) shall be
deemed to be necessary for the public interest, safety, and
welfare.
(l) In order to provide for the expeditious and timely
implementation of the provisions of the State's fiscal year
2007 budget, the Department of Healthcare and Family Services
may adopt emergency rules during fiscal year 2007, including
rules effective July 1, 2007, in accordance with this
subsection to the extent necessary to administer the
Department's responsibilities with respect to amendments to
the State plans and Illinois waivers approved by the federal
Centers for Medicare and Medicaid Services necessitated by the
requirements of Title XIX and Title XXI of the federal Social
Security Act. The adoption of emergency rules authorized by
this subsection (l) shall be deemed to be necessary for the
public interest, safety, and welfare.
(m) In order to provide for the expeditious and timely
implementation of the provisions of the State's fiscal year
2008 budget, the Department of Healthcare and Family Services
may adopt emergency rules during fiscal year 2008, including
rules effective July 1, 2008, in accordance with this
subsection to the extent necessary to administer the
Department's responsibilities with respect to amendments to
the State plans and Illinois waivers approved by the federal
Centers for Medicare and Medicaid Services necessitated by the
requirements of Title XIX and Title XXI of the federal Social
Security Act. The adoption of emergency rules authorized by
this subsection (m) shall be deemed to be necessary for the
public interest, safety, and welfare.
(n) In order to provide for the expeditious and timely
implementation of the provisions of the State's fiscal year
2010 budget, emergency rules to implement any provision of
Public Act 96-45 or any other budget initiative authorized by
the 96th General Assembly for fiscal year 2010 may be adopted
in accordance with this Section by the agency charged with
administering that provision or initiative. The adoption of
emergency rules authorized by this subsection (n) shall be
deemed to be necessary for the public interest, safety, and
welfare. The rulemaking authority granted in this subsection
(n) shall apply only to rules promulgated during Fiscal Year
2010.
(o) In order to provide for the expeditious and timely
implementation of the provisions of the State's fiscal year
2011 budget, emergency rules to implement any provision of
Public Act 96-958 or any other budget initiative authorized by
the 96th General Assembly for fiscal year 2011 may be adopted
in accordance with this Section by the agency charged with
administering that provision or initiative. The adoption of
emergency rules authorized by this subsection (o) is deemed to
be necessary for the public interest, safety, and welfare. The
rulemaking authority granted in this subsection (o) applies
only to rules promulgated on or after July 1, 2010 (the
effective date of Public Act 96-958) through June 30, 2011.
(p) In order to provide for the expeditious and timely
implementation of the provisions of Public Act 97-689,
emergency rules to implement any provision of Public Act 97-689
may be adopted in accordance with this subsection (p) by the
agency charged with administering that provision or
initiative. The 150-day limitation of the effective period of
emergency rules does not apply to rules adopted under this
subsection (p), and the effective period may continue through
June 30, 2013. The 24-month limitation on the adoption of
emergency rules does not apply to rules adopted under this
subsection (p). The adoption of emergency rules authorized by
this subsection (p) is deemed to be necessary for the public
interest, safety, and welfare.
(q) In order to provide for the expeditious and timely
implementation of the provisions of Articles 7, 8, 9, 11, and
12 of Public Act 98-104, emergency rules to implement any
provision of Articles 7, 8, 9, 11, and 12 of Public Act 98-104
may be adopted in accordance with this subsection (q) by the
agency charged with administering that provision or
initiative. The 24-month limitation on the adoption of
emergency rules does not apply to rules adopted under this
subsection (q). The adoption of emergency rules authorized by
this subsection (q) is deemed to be necessary for the public
interest, safety, and welfare.
(r) In order to provide for the expeditious and timely
implementation of the provisions of Public Act 98-651,
emergency rules to implement Public Act 98-651 may be adopted
in accordance with this subsection (r) by the Department of
Healthcare and Family Services. The 24-month limitation on the
adoption of emergency rules does not apply to rules adopted
under this subsection (r). The adoption of emergency rules
authorized by this subsection (r) is deemed to be necessary for
the public interest, safety, and welfare.
(s) In order to provide for the expeditious and timely
implementation of the provisions of Sections 5-5b.1 and 5A-2 of
the Illinois Public Aid Code, emergency rules to implement any
provision of Section 5-5b.1 or Section 5A-2 of the Illinois
Public Aid Code may be adopted in accordance with this
subsection (s) by the Department of Healthcare and Family
Services. The rulemaking authority granted in this subsection
(s) shall apply only to those rules adopted prior to July 1,
2015. Notwithstanding any other provision of this Section, any
emergency rule adopted under this subsection (s) shall only
apply to payments made for State fiscal year 2015. The adoption
of emergency rules authorized by this subsection (s) is deemed
to be necessary for the public interest, safety, and welfare.
(t) In order to provide for the expeditious and timely
implementation of the provisions of Article II of Public Act
99-6, emergency rules to implement the changes made by Article
II of Public Act 99-6 to the Emergency Telephone System Act may
be adopted in accordance with this subsection (t) by the
Department of State Police. The rulemaking authority granted in
this subsection (t) shall apply only to those rules adopted
prior to July 1, 2016. The 24-month limitation on the adoption
of emergency rules does not apply to rules adopted under this
subsection (t). The adoption of emergency rules authorized by
this subsection (t) is deemed to be necessary for the public
interest, safety, and welfare.
(u) In order to provide for the expeditious and timely
implementation of the provisions of the Burn Victims Relief
Act, emergency rules to implement any provision of the Act may
be adopted in accordance with this subsection (u) by the
Department of Insurance. The rulemaking authority granted in
this subsection (u) shall apply only to those rules adopted
prior to December 31, 2015. The adoption of emergency rules
authorized by this subsection (u) is deemed to be necessary for
the public interest, safety, and welfare.
(v) In order to provide for the expeditious and timely
implementation of the provisions of Public Act 99-516,
emergency rules to implement Public Act 99-516 may be adopted
in accordance with this subsection (v) by the Department of
Healthcare and Family Services. The 24-month limitation on the
adoption of emergency rules does not apply to rules adopted
under this subsection (v). The adoption of emergency rules
authorized by this subsection (v) is deemed to be necessary for
the public interest, safety, and welfare.
(w) In order to provide for the expeditious and timely
implementation of the provisions of Public Act 99-796,
emergency rules to implement the changes made by Public Act
99-796 may be adopted in accordance with this subsection (w) by
the Adjutant General. The adoption of emergency rules
authorized by this subsection (w) is deemed to be necessary for
the public interest, safety, and welfare.
(x) In order to provide for the expeditious and timely
implementation of the provisions of Public Act 99-906,
emergency rules to implement subsection (i) of Section 16-115D,
subsection (g) of Section 16-128A, and subsection (a) of
Section 16-128B of the Public Utilities Act may be adopted in
accordance with this subsection (x) by the Illinois Commerce
Commission. The rulemaking authority granted in this
subsection (x) shall apply only to those rules adopted within
180 days after June 1, 2017 (the effective date of Public Act
99-906). The adoption of emergency rules authorized by this
subsection (x) is deemed to be necessary for the public
interest, safety, and welfare.
(y) In order to provide for the expeditious and timely
implementation of the provisions of this amendatory Act of the
100th General Assembly, emergency rules to implement the
changes made by this amendatory Act of the 100th General
Assembly to Section 4.02 of the Illinois Act on Aging, Sections
5.5.4 and 5-5.4i of the Illinois Public Aid Code, Section 55-30
of the Alcoholism and Other Drug Abuse and Dependency Act, and
Sections 74 and 75 of the Mental Health and Developmental
Disabilities Administrative Act may be adopted in accordance
with this subsection (y) by the respective Department. The
adoption of emergency rules authorized by this subsection (y)
is deemed to be necessary for the public interest, safety, and
welfare.
(z) In order to provide for the expeditious and timely
implementation of the provisions of this amendatory Act of the
100th General Assembly, emergency rules to implement the
changes made by this amendatory Act of the 100th General
Assembly to Section 4.7 of the Lobbyist Registration Act may be
adopted in accordance with this subsection (z) by the Secretary
of State. The adoption of emergency rules authorized by this
subsection (z) is deemed to be necessary for the public
interest, safety, and welfare.
(Source: P.A. 99-2, eff. 3-26-15; 99-6, eff. 1-1-16; 99-143,
eff. 7-27-15; 99-455, eff. 1-1-16; 99-516, eff. 6-30-16;
99-642, eff. 7-28-16; 99-796, eff. 1-1-17; 99-906, eff. 6-1-17;
100-23, eff. 7-6-17.)
Section 10. The State Officials and Employees Ethics Act is
amended by changing Sections 5-5, 20-15, 25-15, 50-5, and 70-5
and by adding Sections 5-10.5 and 5-65 as follows:
(5 ILCS 430/5-5)
Sec. 5-5. Personnel policies.
(a) Each of the following shall adopt and implement
personnel policies for all State employees under his, her, or
its jurisdiction and control: (i) each executive branch
constitutional officer, (ii) each legislative leader, (iii)
the Senate Operations Commission, with respect to legislative
employees under Section 4 of the General Assembly Operations
Act, (iv) the Speaker of the House of Representatives, with
respect to legislative employees under Section 5 of the General
Assembly Operations Act, (v) the Joint Committee on Legislative
Support Services, with respect to State employees of the
legislative support services agencies, (vi) members of the
General Assembly, with respect to legislative assistants, as
provided in Section 4 of the General Assembly Compensation Act,
(vii) the Auditor General, (viii) the Board of Higher
Education, with respect to State employees of public
institutions of higher learning except community colleges, and
(ix) the Illinois Community College Board, with respect to
State employees of community colleges. The Governor shall adopt
and implement those policies for all State employees of the
executive branch not under the jurisdiction and control of any
other executive branch constitutional officer.
(b) The policies required under subsection (a) shall be
filed with the appropriate ethics commission established under
this Act or, for the Auditor General, with the Office of the
Auditor General.
(c) The policies required under subsection (a) shall
include policies relating to work time requirements,
documentation of time worked, documentation for reimbursement
for travel on official State business, compensation, and the
earning or accrual of State benefits for all State employees
who may be eligible to receive those benefits. No later than 30
days after the effective date of this amendatory Act of the
100th General Assembly, the policies shall include, at a
minimum: (i) a prohibition on sexual harassment; (ii) details
on how an individual can report an allegation of sexual
harassment, including options for making a confidential report
to a supervisor, ethics officer, Inspector General, or the
Department of Human Rights; (iii) a prohibition on retaliation
for reporting sexual harassment allegations, including
availability of whistleblower protections under this Act, the
Whistleblower Act, and the Illinois Human Rights Act; and (iv)
the consequences of a violation of the prohibition on sexual
harassment and the consequences for knowingly making a false
report. The policies shall comply with and be consistent with
all other applicable laws. The policies shall require State
employees to periodically submit time sheets documenting the
time spent each day on official State business to the nearest
quarter hour; contractual State employees may satisfy the time
sheets requirement by complying with the terms of their
contract, which shall provide for a means of compliance with
this requirement. The policies for State employees shall
require those time sheets to be submitted on paper,
electronically, or both and to be maintained in either paper or
electronic format by the applicable fiscal office for a period
of at least 2 years.
(d) The policies required under subsection (a) shall be
adopted by the applicable entity before February 1, 2004 and
shall apply to State employees beginning 30 days after
adoption.
(Source: P.A. 93-615, eff. 11-19-03; 93-617, eff. 12-9-03.)
(5 ILCS 430/5-10.5 new)
Sec. 5-10.5. Sexual harassment training.
(a) Each officer, member, and employee must complete, at
least annually beginning in 2018, a sexual harassment training
program. A person who fills a vacancy in an elective or
appointed position that requires training under this Section
must complete his or her initial sexual harassment training
program within 30 days after commencement of his or her office
or employment. The training shall include, at a minimum, the
following: (i) the definition, and a description, of sexual
harassment utilizing examples; (ii) details on how an
individual can report an allegation of sexual harassment,
including options for making a confidential report to a
supervisor, ethics officer, Inspector General, or the
Department of Human Rights; (iii) the definition, and
description of, retaliation for reporting sexual harassment
allegations utilizing examples, including availability of
whistleblower protections under this Act, the Whistleblower
Act, and the Illinois Human Rights Act; and (iv) the
consequences of a violation of the prohibition on sexual
harassment and the consequences for knowingly making a false
report. Proof of completion must be submitted to the applicable
ethics officer. Sexual harassment training programs shall be
overseen by the appropriate Ethics Commission and Inspector
General appointed under this Act.
(b) Each ultimate jurisdictional authority shall submit to
the applicable Ethics Commission, at least annually, or more
frequently as required by that Commission, a report that
summarizes the sexual harassment training program that was
completed during the previous year, and lays out the plan for
the training program in the coming year. The report shall
include the names of individuals that failed to complete the
required training program. Each Ethics Commission shall make
the reports available on its website.
(5 ILCS 430/5-65 new)
Sec. 5-65. Prohibition on sexual harassment.
(a) All persons have a right to work in an environment free
from sexual harassment. All persons subject to this Act are
prohibited from sexually harassing any person, regardless of
any employment relationship or lack thereof.
(b) For purposes of this Act, "sexual harassment" means any
unwelcome sexual advances or requests for sexual favors or any
conduct of a sexual nature when: (i) submission to such conduct
is made either explicitly or implicitly a term or condition of
an individual's employment; (ii) submission to or rejection of
such conduct by an individual is used as the basis for
employment decisions affecting such individual; or (iii) such
conduct has the purpose or effect of substantially interfering
with an individual's work performance or creating an
intimidating, hostile, or offensive working environment. For
purposes of this definition, the phrase "working environment"
is not limited to a physical location an employee is assigned
to perform his or her duties and does not require an employment
relationship.
(5 ILCS 430/20-15)
Sec. 20-15. Duties of the Executive Ethics Commission. In
addition to duties otherwise assigned by law, the Executive
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 Executive Inspectors General. It is
declared to be in the public interest, safety, and welfare
that the Commission adopt emergency rules under the
Illinois Administrative Procedure Act to initially perform
its duties under this subsection.
(2) To conduct administrative hearings and rule on
matters brought before the Commission only upon the receipt
of pleadings filed by an Executive Inspector General, or
upon receipt of summaries of reviews submitted by the
Inspector General for the Secretary of State under
subsection (d-5) of Section 14 of the Secretary of State
Act, and not upon its own prerogative, but may appoint
special Executive Inspectors General as provided in
Section 20-21. Any other allegations of misconduct
received by the Commission from a person other than an
Executive Inspector General shall be referred to the Office
of the appropriate Executive 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, and include authority over
allegations that an individual required to be registered
under the Lobbyist Registration Act has committed an act of
sexual harassment, as set forth in any summaries of reviews
of such allegations submitted to the Commission by the
Inspector General for the Secretary of State.
(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 Executive Inspectors General as
provided in Section 20-21.
(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.
(Source: P.A. 93-617, eff. 12-9-03.)
(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.
(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.
(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.
(Source: P.A. 93-617, eff. 12-9-03.)
(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
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
separate and distinct from any fines or penalties imposed by a
court of law or a State or federal agency.
(h) Any person who violates Section 4.7 or paragraph (d) of
Section 5 of the Lobbyist Registration Act is guilty of a
business offense and shall be subject to a fine of up to
$5,000. 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. 96-555, eff. 8-18-09.)
(5 ILCS 430/70-5)
Sec. 70-5. Adoption by governmental entities.
(a) Within 6 months after the effective date of this Act,
each governmental entity other than a community college
district, and each community college district within 6 months
after the effective date of this amendatory Act of the 95th
General Assembly, shall adopt an ordinance or resolution that
regulates, in a manner no less restrictive than Section 5-15
and Article 10 of this Act, (i) the political activities of
officers and employees of the governmental entity and (ii) the
soliciting and accepting of gifts by and the offering and
making of gifts to officers and employees of the governmental
entity. No later than 60 days after the effective date of this
amendatory Act of the 100th General Assembly, each governmental
unit shall adopt an ordinance or resolution establishing a
policy to prohibit sexual harassment. The policy shall include,
at a minimum: (i) a prohibition on sexual harassment; (ii)
details on how an individual can report an allegation of sexual
harassment, including options for making a confidential report
to a supervisor, ethics officer, Inspector General, or the
Department of Human Rights; (iii) a prohibition on retaliation
for reporting sexual harassment allegations, including
availability of whistleblower protections under this Act, the
Whistleblower Act, and the Illinois Human Rights Act; and (iv)
the consequences of a violation of the prohibition on sexual
harassment and the consequences for knowingly making a false
report.
(b) Within 3 months after the effective date of this
amendatory Act of the 93rd General Assembly, the Attorney
General shall develop model ordinances and resolutions for the
purpose of this Article. The Attorney General shall advise
governmental entities on their contents and adoption.
(c) As used in this Article, (i) an "officer" means an
elected or appointed official; regardless of whether the
official is compensated, and (ii) an "employee" means a
full-time, part-time, or contractual employee.
(Source: P.A. 95-880, eff. 8-19-08.)
Section 15. The Secretary of State Act is amended by
changing Section 14 as follows:
(15 ILCS 305/14)
Sec. 14. Inspector General.
(a) The Secretary of State must, with the advice and
consent of the Senate, appoint an Inspector General for the
purpose of detection, deterrence, and prevention of fraud,
corruption, mismanagement, gross or aggravated misconduct, or
misconduct that may be criminal in nature in the Office of the
Secretary of State. The Inspector General shall serve a 5-year
term. If no successor is appointed and qualified upon the
expiration of the Inspector General's term, the Office of
Inspector General is deemed vacant and the powers and duties
under this Section may be exercised only by an appointed and
qualified interim Inspector General until a successor
Inspector General is appointed and qualified. If the General
Assembly is not in session when a vacancy in the Office of
Inspector General occurs, the Secretary of State may appoint an
interim Inspector General whose term shall expire 2 weeks after
the next regularly scheduled session day of the Senate.
(b) The Inspector General shall have the following
qualifications:
(1) has not been convicted of any felony under the laws
of this State, another State, or the United States;
(2) has earned a baccalaureate degree from an
institution of higher education; and
(3) has either (A) 5 or more years of service with a
federal, State, or local law enforcement agency, at least 2
years of which have been in a progressive investigatory
capacity; (B) 5 or more years of service as a federal,
State, or local prosecutor; or (C) 5 or more years of
service as a senior manager or executive of a federal,
State, or local agency.
(c) The Inspector General may review, coordinate, and
recommend methods and procedures to increase the integrity of
the Office of the Secretary of State. The duties of the
Inspector General shall supplement and not supplant the duties
of the Chief Auditor for the Secretary of State's Office or any
other Inspector General that may be authorized by law. The
Inspector General must report directly to the Secretary of
State.
(d) In addition to the authority otherwise provided by this
Section, but only when investigating the Office of the
Secretary of State, its employees, or their actions for fraud,
corruption, mismanagement, gross or aggravated misconduct, or
misconduct that may be criminal in nature, the Inspector
General is authorized:
(1) To have access to all records, reports, audits,
reviews, documents, papers, recommendations, or other
materials available that relate to programs and operations
with respect to which the Inspector General has
responsibilities under this Section.
(2) To make any investigations and reports relating to
the administration of the programs and operations of the
Office of the Secretary of State that are, in the judgment
of the Inspector General, necessary or desirable.
(3) To request any information or assistance that may
be necessary for carrying out the duties and
responsibilities provided by this Section from any local,
State, or federal governmental agency or unit thereof.
(4) To require by subpoena the appearance of witnesses
and the production of all information, documents, reports,
answers, records, accounts, papers, and other data and
documentary evidence necessary in the performance of the
functions assigned by this Section, with the exception of
subsection (c) and with the exception of records of a labor
organization authorized and recognized under the Illinois
Public Labor Relations Act to be the exclusive bargaining
representative of employees of the Secretary of State,
including, but not limited to, records of representation of
employees and the negotiation of collective bargaining
agreements. A subpoena may be issued under this paragraph
(4) only by the Inspector General and not by members of the
Inspector General's staff. A person duly subpoenaed for
testimony, documents, or other items who neglects or
refuses to testify or produce documents or other items
under the requirements of the subpoena shall be subject to
punishment as may be determined by a court of competent
jurisdiction, unless (i) the testimony, documents, or
other items are covered by the attorney-client privilege or
any other privilege or right recognized by law or (ii) the
testimony, documents, or other items concern the
representation of employees and the negotiation of
collective bargaining agreements by a labor organization
authorized and recognized under the Illinois Public Labor
Relations Act to be the exclusive bargaining
representative of employees of the Secretary of State.
Nothing in this Section limits a person's right to
protection against self-incrimination under the Fifth
Amendment of the United States Constitution or Article I,
Section 10, of the Constitution of the State of Illinois.
(5) To have direct and prompt access to the Secretary
of State for any purpose pertaining to the performance of
functions and responsibilities under this Section.
(d-5) In addition to the authority otherwise provided by
this Section, the Secretary of State Inspector General shall
have jurisdiction to investigate complaints and allegations of
wrongdoing by any person or entity related to the Lobbyist
Registration Act. When investigating those complaints and
allegations, the Inspector General is authorized:
(1) To have access to all records, reports, audits,
reviews, documents, papers, recommendations, or other
materials available that relate to programs and operations
with respect to which the Inspector General has
responsibilities under this Section.
(2) To request any information or assistance that may
be necessary for carrying out the duties and
responsibilities provided by this Section from any local,
State, or federal governmental agency or unit thereof.
(3) To require by subpoena the appearance of witnesses
and the production of all information, documents, reports,
answers, records, accounts, papers, and other data and
documentary evidence necessary in the performance of the
functions assigned by this Section. A subpoena may be
issued under this paragraph (3) only by the Inspector
General and not by members of the Inspector General's
staff. A person duly subpoenaed for testimony, documents,
or other items who neglects or refuses to testify or
produce documents or other items under the requirements of
the subpoena shall be subject to punishment as may be
determined by a court of competent jurisdiction, unless the
testimony, documents, or other items are covered by the
attorney-client privilege or any other privilege or right
recognized by law. Nothing in this Section limits a
person's right to protection against self-incrimination
under the Fifth Amendment of the United States Constitution
or Section 10 of Article I of the Constitution of the State
of Illinois.
(4) To have direct and prompt access to the Secretary
of State for any purpose pertaining to the performance of
functions and responsibilities under this Section.
(5) As provided in subsection (d) of Section 5 of the
Lobbyist Registration Act, to review allegations that an
individual required to be registered under the Lobbyist
Registration Act has engaged in one or more acts of sexual
harassment. Upon completion of that review, the Inspector
General shall submit a summary of the review to the
Executive Ethics Commission. The 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
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
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. 96-555, eff. 1-1-10; 96-1358, eff. 7-28-10.)
Section 20. The Lobbyist Registration Act is amended by
changing Sections 5 and 10 and by adding Section 4.7 as
follows:
(25 ILCS 170/4.7 new)
Sec. 4.7. Prohibition on sexual harassment.
(a) All persons have the right to work in an environment
free from sexual harassment. All persons subject to this Act
shall refrain from sexual harassment of any person.
(b) Beginning January 1, 2018, each natural person required
to register as a lobbyist under this Act must complete, at
least annually, a sexual harassment training program provided
by the Secretary of State. A natural person registered under
this Act must complete the training program no later than 30
days after registration or renewal under this Act. This
requirement does not apply to a lobbying entity or a client
that hires a lobbyist that (i) does not have employees of the
lobbying entity or client registered as lobbyists, or (ii) does
not have an actual presence in Illinois.
(c) No later than January 1, 2018, each natural person and
any entity required to register under this Act shall have a
written sexual harassment policy that shall include, at a
minimum: (i) a prohibition on sexual harassment; (ii) details
on how an individual can report an allegation of sexual
harassment, including options for making a confidential report
to a supervisor, ethics officer, Inspector General, or the
Department of Human Rights; (iii) a prohibition on retaliation
for reporting sexual harassment allegations, including
availability of whistleblower protections under the State
Officials and Employee Ethics Act, the Whistleblower Act, and
the Illinois Human Rights Act; and (iv) the consequences of a
violation of the prohibition on sexual harassment and the
consequences for knowingly making a false report.
(d) For purposes of this Act, "sexual harassment" means any
unwelcome sexual advances or requests for sexual favors or any
conduct of a sexual nature when: (i) submission to such conduct
is made either explicitly or implicitly a term or condition of
an individual's employment; (ii) submission to or rejection of
such conduct by an individual is used as the basis for
employment decisions affecting such individual; or (iii) such
conduct has the purpose or effect of substantially interfering
with an individual's work performance or creating an
intimidating, hostile, or offensive working environment. For
the purposes of this definition, the phrase "working
environment" is not limited to a physical location an employee
is assigned to perform his or her duties and does not require
an employment relationship.
(e) The Secretary of State shall adopt rules for the
implementation of this Section. In order to provide for the
expeditious and timely implementation of this Section, the
Secretary of State shall adopt emergency rules under subsection
(z) of Section 5-45 of the Illinois Administrative Procedure
Act for the implementation of this Section no later than 60
days after the effective date of this amendatory Act of the
100th General Assembly.
(25 ILCS 170/5)
Sec. 5. Lobbyist registration and disclosure. Every
natural person and every entity required to register under this
Act shall before any service is performed which requires the
natural person or entity to register, but in any event not
later than 2 business days after being employed or retained,
file in the Office of the Secretary of State a statement in a
format prescribed by the Secretary of State containing the
following information with respect to each person or entity
employing, retaining, or benefitting from the services of the
natural person or entity required to register:
(a) The registrant's name, permanent address, e-mail
address, if any, fax number, if any, business telephone
number, and temporary address, if the registrant has a
temporary address while lobbying.
(a-5) If the registrant is an entity, the information
required under subsection (a) for each natural person
associated with the registrant who will be lobbying,
regardless of whether lobbying is a significant part of his
or her duties.
(b) The name and address of the client or clients
employing or retaining the registrant to perform such
services or on whose behalf the registrant appears. If the
client employing or retaining the registrant is a client
registrant, the statement shall also include the name and
address of the client or clients of the client registrant
on whose behalf the registrant will be or anticipates
performing services.
(c) A brief description of the executive, legislative,
or administrative action in reference to which such service
is to be rendered.
(c-5) Each executive and legislative branch agency the
registrant expects to lobby during the registration
period.
(c-6) The nature of the client's business, by
indicating all of the following categories that apply: (1)
banking and financial services, (2) manufacturing, (3)
education, (4) environment, (5) healthcare, (6) insurance,
(7) community interests, (8) labor, (9) public relations or
advertising, (10) marketing or sales, (11) hospitality,
(12) engineering, (13) information or technology products
or services, (14) social services, (15) public utilities,
(16) racing or wagering, (17) real estate or construction,
(18) telecommunications, (19) trade or professional
association, (20) travel or tourism, (21) transportation,
(22) agriculture, and (23) other (setting forth the nature
of that other business).
(d) A confirmation that the registrant has a sexual
harassment policy as required by Section 4.7, that such
policy shall be made available to any individual within 2
business days upon written request (including electronic
requests), that any person may contact the authorized agent
of the registrant to report allegations of sexual
harassment, and that the registrant recognizes the
Inspector General has jurisdiction to review any
allegations of sexual harassment alleged against the
registrant or lobbyists hired by the registrant.
Every natural person and every entity required to register
under this Act shall annually submit the registration required
by this Section on or before each January 31. The registrant
has a continuing duty to report any substantial change or
addition to the information contained in the registration.
The Secretary of State shall make all filed statements and
amendments to statements publicly available by means of a
searchable database that is accessible through the World Wide
Web. The Secretary of State shall provide all software
necessary to comply with this provision to all natural persons
and entities required to file. The Secretary of State shall
implement a plan to provide computer access and assistance to
natural persons and entities required to file electronically.
All natural persons and entities required to register under
this Act shall remit a single, annual, and nonrefundable $300
registration fee. Each natural person required to register
under this Act shall submit, on an annual basis, a picture of
the registrant. A registrant may, in lieu of submitting a
picture on an annual basis, authorize the Secretary of State to
use any photo identification available in any database
maintained by the Secretary of State for other purposes. Each
registration fee collected for registrations on or after
January 1, 2010 shall be deposited into the Lobbyist
Registration Administration Fund for administration and
enforcement of this Act.
(Source: P.A. 98-459, eff. 1-1-14.)
(25 ILCS 170/10) (from Ch. 63, par. 180)
Sec. 10. Penalties.
(a) Any person who violates any of the provisions of this
Act, except for a violation of Section 4.7 or paragraph (d) of
Section 5, shall be guilty of a business offense and shall be
fined not more than $10,000 for each violation. Every day that
a report or registration is late shall constitute a separate
violation. In determining the appropriate fine for each
violation, the trier of fact shall consider the scope of the
entire lobbying project, the nature of activities conducted
during the time the person was in violation of this Act, and
whether or not the violation was intentional or unreasonable.
(a-5) A violation of Section 4.7 or paragraph (d) of
Section 5 shall be considered a violation of the State
Officials and Employees Ethics Act, subject to the jurisdiction
of the Executive Ethics Commission and to all penalties under
Section 50-5 of the State Officials and Employees Ethics Act.
(b) In addition to the penalties provided for in
subsections subsection (a) and (a-5) of this Section, any
person convicted of any violation of any provision of this Act
is prohibited for a period of three years from the date of such
conviction from lobbying.
(c) There is created in the State treasury a special fund
to be known as the Lobbyist Registration Administration Fund.
All fines collected in the enforcement of this Section shall be
deposited into the Fund. These funds shall, subject to
appropriation, be used by the Office of the Secretary of State
for implementation and administration of this Act.
(Source: P.A. 96-555, eff. 1-1-10.)
Section 25. The Illinois Human Rights Act is amended by
adding Section 2-107 as follows:
(775 ILCS 5/2-107 new)
Sec. 2-107. Hotline to Report Sexual Harassment.
(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 hotline.
The Department shall help persons who contact the Department
through the hotline find necessary resources, including
counseling services, and assist in the filing of sexual
harassment 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 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.
(b) The Department shall advertise the hotline on its
website and in materials related to sexual harassment,
including posters made available to the public, and encourage
reporting by both those who are subject to sexual harassment
and those who have witnessed it.
(c) All communications received by the Department via the
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, "hotline" means a toll-free
telephone with voicemail capabilities and an Internet website
through which persons may report instances of sexual
harassment.
Section 99. Effective date. This Act takes effect upon
becoming law.
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