Bill Text: IL SB1485 | 2019-2020 | 101st General Assembly | Engrossed


Bill Title: Creates the Racial Impact Note Act. Provides that every bill which has or could have a disparate impact on racial and ethnic minorities, upon the request of any member, shall have prepared for it, before second reading in the house of introduction, a brief explanatory statement or note that shall include a reliable estimate of the anticipated impact on those racial and ethnic minorities likely to be impacted by the bill. Specifies the contents and provides for the preparation of each racial impact note. Amends the State Officials and Employees Ethics Act. Prohibits racial discrimination and harassment by State officers and employees. Provides that each State officer and employee shall annually complete a racial bias, discrimination, and harassment training program approved by the appropriate jurisdictional authority. Expands the jurisdiction of the Executive Ethics Commission to include allegations of racial discrimination and harassment by persons registered under the Lobbyist Registration Act. Provides that the personnel policies of units of local government shall prohibit racial discrimination and harassment. Defines "racial discrimination and harassment". Provides for rulemaking, including emergency rulemaking. Amends the Secretary of State Act. Provides the Secretary of State's Inspector General with jurisdiction to investigate complaints of racial discrimination and harassment by persons registered under the Lobbyist Registration Act. Amends the Lobbyist Registration Act. Prohibits racial discrimination and harassment by persons registered under the Lobbyist Registration Act. Provides that each registered lobbyist shall annually complete a racial bias, discrimination, and harassment training program approved by the Secretary of State. Defines "racial discrimination and harassment". Amends the Illinois Human Rights Act. Requires the Department of Human Rights to establish a racial discrimination and harassment hotline for the anonymous reporting of racial discrimination and harassment in both public and private places of employment, and to provide for reporting by both telephone and Internet. Amends the Illinois Administrative Procedure Act to provide for emergency rulemaking. Effective immediately.

Spectrum: Partisan Bill (Democrat 22-0)

Status: (Engrossed) 2019-05-10 - Rule 19(a) / Re-referred to Rules Committee [SB1485 Detail]

Download: Illinois-2019-SB1485-Engrossed.html



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1 AN ACT concerning State government.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 1. Short title. This Act may be cited as the Racial
5Impact Note Act.
6 Section 5. Racial impact note.
7 (a) Every bill which has or could have a disparate impact
8on racial and ethnic minorities, upon the request of any
9member, shall have prepared for it, before second reading in
10the house of introduction, a brief explanatory statement or
11note that shall include a reliable estimate of the anticipated
12impact on those racial and ethnic minorities likely to be
13impacted by the bill. Each racial impact note must include, for
14racial and ethnic minorities for which data are available: (i)
15an estimate of how the proposed legislation would impact racial
16and ethnic minorities; (ii) a statement of the methodologies
17and assumptions used in preparing the estimate; (iii) an
18estimate of the racial and ethnic composition of the population
19who may be impacted by the proposed legislation, including
20those persons who may be negatively impacted and those persons
21who may benefit from the proposed legislation; and (iv) any
22other matter that a responding agency considers appropriate in
23relation to the racial and ethnic minorities likely to be

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1affected by the bill.
2 Section 10. Preparation.
3 (a) The sponsor of each bill for which a request under
4Section 5 has been made shall present a copy of the bill with
5the request for a racial impact note to the appropriate
6responding agency or agencies under subsection (b). The
7responding agency or agencies shall prepare and submit the note
8to the sponsor of the bill within 5 calendar days, except that
9whenever, because of the complexity of the measure, additional
10time is required for the preparation of the racial impact note,
11the responding agency or agencies may inform the sponsor of the
12bill, and the sponsor may approve an extension of the time
13within which the note is to be submitted, not to extend,
14however, beyond June 15, following the date of the request. If,
15in the opinion of the responding agency or agencies, there is
16insufficient information to prepare a reliable estimate of the
17anticipated impact, a statement to that effect can be filed and
18shall meet the requirements of this Act.
19 (b) If a bill concerns arrests, convictions, or law
20enforcement, a statement shall be prepared by the Illinois
21Criminal Justice Information Authority specifying the impact
22on racial and ethnic minorities. If a bill concerns
23corrections, sentencing, or the placement of individuals
24within the Department of Corrections, a statement shall be
25prepared by the Department of Corrections specifying the impact

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1on racial and ethnic minorities. If a bill concerns local
2government, a statement shall be prepared by the Department of
3Commerce and Economic Opportunity specifying the impact on
4racial and ethnic minorities. If a bill concerns education, one
5of the following agencies shall prepare a statement specifying
6the impact on racial and ethnic minorities: (i) the Illinois
7Community Colleges Board, if the bill affects community
8colleges; (ii) the Illinois State Board of Education, if the
9bill affects primary and secondary education; or (iii) the
10Illinois Board of Higher Education, if the bill affects State
11universities. Any other State agency impacted or responsible
12for implementing all or part of this bill shall prepare a
13statement of the racial and ethnic impact of the bill as it
14relates to that agency.
15 Section 15. Requisites and contents. The note shall be
16factual in nature, as brief and concise as may be, and, in
17addition, it shall include both the immediate effect and, if
18determinable or reasonably foreseeable, the long range effect
19of the measure on racial and ethnic minorities. If, after
20careful investigation, it is determined that such an effect is
21not ascertainable, the note shall contain a statement to that
22effect, setting forth the reasons why no ascertainable effect
23can be given.
24 Section 20. Comment or opinion; technical or mechanical

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1defects. No comment or opinion shall be included in the racial
2impact note with regard to the merits of the measure for which
3the racial impact note is prepared; however, technical or
4mechanical defects may be noted.
5 Section 25. Appearance of State officials and employees in
6support or opposition of measure. The fact that a racial
7impact note is prepared for any bill or proposed rule shall not
8preclude or restrict the appearance before any committee of the
9General Assembly of any official or authorized employee of the
10responding agency or agencies, or any other impacted State
11agency, who desires to be heard in support of or in opposition
12to the measure.
13 Section 50. The Illinois Administrative Procedure Act is
14amended by changing Section 5-45 as follows:
15 (5 ILCS 100/5-45) (from Ch. 127, par. 1005-45)
16 Sec. 5-45. Emergency rulemaking.
17 (a) "Emergency" means the existence of any situation that
18any agency finds reasonably constitutes a threat to the public
19interest, safety, or welfare.
20 (b) If any agency finds that an emergency exists that
21requires adoption of a rule upon fewer days than is required by
22Section 5-40 and states in writing its reasons for that
23finding, the agency may adopt an emergency rule without prior

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1notice or hearing upon filing a notice of emergency rulemaking
2with the Secretary of State under Section 5-70. The notice
3shall include the text of the emergency rule and shall be
4published in the Illinois Register. Consent orders or other
5court orders adopting settlements negotiated by an agency may
6be adopted under this Section. Subject to applicable
7constitutional or statutory provisions, an emergency rule
8becomes effective immediately upon filing under Section 5-65 or
9at a stated date less than 10 days thereafter. The agency's
10finding and a statement of the specific reasons for the finding
11shall be filed with the rule. The agency shall take reasonable
12and appropriate measures to make emergency rules known to the
13persons who may be affected by them.
14 (c) An emergency rule may be effective for a period of not
15longer than 150 days, but the agency's authority to adopt an
16identical rule under Section 5-40 is not precluded. No
17emergency rule may be adopted more than once in any 24-month
18period, except that this limitation on the number of emergency
19rules that may be adopted in a 24-month period does not apply
20to (i) emergency rules that make additions to and deletions
21from the Drug Manual under Section 5-5.16 of the Illinois
22Public Aid Code or the generic drug formulary under Section
233.14 of the Illinois Food, Drug and Cosmetic Act, (ii)
24emergency rules adopted by the Pollution Control Board before
25July 1, 1997 to implement portions of the Livestock Management
26Facilities Act, (iii) emergency rules adopted by the Illinois

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1Department of Public Health under subsections (a) through (i)
2of Section 2 of the Department of Public Health Act when
3necessary to protect the public's health, (iv) emergency rules
4adopted pursuant to subsection (n) of this Section, (v)
5emergency rules adopted pursuant to subsection (o) of this
6Section, or (vi) emergency rules adopted pursuant to subsection
7(c-5) of this Section. Two or more emergency rules having
8substantially the same purpose and effect shall be deemed to be
9a single rule for purposes of this Section.
10 (c-5) To facilitate the maintenance of the program of group
11health benefits provided to annuitants, survivors, and retired
12employees under the State Employees Group Insurance Act of
131971, rules to alter the contributions to be paid by the State,
14annuitants, survivors, retired employees, or any combination
15of those entities, for that program of group health benefits,
16shall be adopted as emergency rules. The adoption of those
17rules shall be considered an emergency and necessary for the
18public interest, safety, and welfare.
19 (d) In order to provide for the expeditious and timely
20implementation of the State's fiscal year 1999 budget,
21emergency rules to implement any provision of Public Act 90-587
22or 90-588 or any other budget initiative for fiscal year 1999
23may be adopted in accordance with this Section by the agency
24charged with administering that provision or initiative,
25except that the 24-month limitation on the adoption of
26emergency rules and the provisions of Sections 5-115 and 5-125

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

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

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1 (i) In order to provide for the expeditious and timely
2implementation of the State's fiscal year 2004 budget,
3emergency rules to implement any provision of Public Act 93-20
4or any other budget initiative for fiscal year 2004 may be
5adopted in accordance with this Section by the agency charged
6with administering that provision or initiative, except that
7the 24-month limitation on the adoption of emergency rules and
8the provisions of Sections 5-115 and 5-125 do not apply to
9rules adopted under this subsection (i). The adoption of
10emergency rules authorized by this subsection (i) shall be
11deemed to be necessary for the public interest, safety, and
12welfare.
13 (j) In order to provide for the expeditious and timely
14implementation of the provisions of the State's fiscal year
152005 budget as provided under the Fiscal Year 2005 Budget
16Implementation (Human Services) Act, emergency rules to
17implement any provision of the Fiscal Year 2005 Budget
18Implementation (Human Services) Act may be adopted in
19accordance with this Section by the agency charged with
20administering that provision, except that the 24-month
21limitation on the adoption of emergency rules and the
22provisions of Sections 5-115 and 5-125 do not apply to rules
23adopted under this subsection (j). The Department of Public Aid
24may also adopt rules under this subsection (j) necessary to
25administer the Illinois Public Aid Code and the Children's
26Health Insurance Program Act. The adoption of emergency rules

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1authorized by this subsection (j) shall be deemed to be
2necessary for the public interest, safety, and welfare.
3 (k) In order to provide for the expeditious and timely
4implementation of the provisions of the State's fiscal year
52006 budget, emergency rules to implement any provision of
6Public Act 94-48 or any other budget initiative for fiscal year
72006 may be adopted in accordance with this Section by the
8agency charged with administering that provision or
9initiative, except that the 24-month limitation on the adoption
10of emergency rules and the provisions of Sections 5-115 and
115-125 do not apply to rules adopted under this subsection (k).
12The Department of Healthcare and Family Services may also adopt
13rules under this subsection (k) necessary to administer the
14Illinois Public Aid Code, the Senior Citizens and Persons with
15Disabilities Property Tax Relief Act, the Senior Citizens and
16Disabled Persons Prescription Drug Discount Program Act (now
17the Illinois Prescription Drug Discount Program Act), and the
18Children's Health Insurance Program Act. The adoption of
19emergency rules authorized by this subsection (k) shall be
20deemed to be necessary for the public interest, safety, and
21welfare.
22 (l) In order to provide for the expeditious and timely
23implementation of the provisions of the State's fiscal year
242007 budget, the Department of Healthcare and Family Services
25may adopt emergency rules during fiscal year 2007, including
26rules effective July 1, 2007, in accordance with this

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1subsection to the extent necessary to administer the
2Department's responsibilities with respect to amendments to
3the State plans and Illinois waivers approved by the federal
4Centers for Medicare and Medicaid Services necessitated by the
5requirements of Title XIX and Title XXI of the federal Social
6Security Act. The adoption of emergency rules authorized by
7this subsection (l) shall be deemed to be necessary for the
8public interest, safety, and welfare.
9 (m) In order to provide for the expeditious and timely
10implementation of the provisions of the State's fiscal year
112008 budget, the Department of Healthcare and Family Services
12may adopt emergency rules during fiscal year 2008, including
13rules effective July 1, 2008, in accordance with this
14subsection to the extent necessary to administer the
15Department's responsibilities with respect to amendments to
16the State plans and Illinois waivers approved by the federal
17Centers for Medicare and Medicaid Services necessitated by the
18requirements of Title XIX and Title XXI of the federal Social
19Security Act. The adoption of emergency rules authorized by
20this subsection (m) shall be deemed to be necessary for the
21public interest, safety, and welfare.
22 (n) In order to provide for the expeditious and timely
23implementation of the provisions of the State's fiscal year
242010 budget, emergency rules to implement any provision of
25Public Act 96-45 or any other budget initiative authorized by
26the 96th General Assembly for fiscal year 2010 may be adopted

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1in accordance with this Section by the agency charged with
2administering that provision or initiative. The adoption of
3emergency rules authorized by this subsection (n) shall be
4deemed to be necessary for the public interest, safety, and
5welfare. The rulemaking authority granted in this subsection
6(n) shall apply only to rules promulgated during Fiscal Year
72010.
8 (o) In order to provide for the expeditious and timely
9implementation of the provisions of the State's fiscal year
102011 budget, emergency rules to implement any provision of
11Public Act 96-958 or any other budget initiative authorized by
12the 96th General Assembly for fiscal year 2011 may be adopted
13in accordance with this Section by the agency charged with
14administering that provision or initiative. The adoption of
15emergency rules authorized by this subsection (o) is deemed to
16be necessary for the public interest, safety, and welfare. The
17rulemaking authority granted in this subsection (o) applies
18only to rules promulgated on or after July 1, 2010 (the
19effective date of Public Act 96-958) through June 30, 2011.
20 (p) In order to provide for the expeditious and timely
21implementation of the provisions of Public Act 97-689,
22emergency rules to implement any provision of Public Act 97-689
23may be adopted in accordance with this subsection (p) by the
24agency charged with administering that provision or
25initiative. The 150-day limitation of the effective period of
26emergency rules does not apply to rules adopted under this

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

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1 (s) In order to provide for the expeditious and timely
2implementation of the provisions of Sections 5-5b.1 and 5A-2 of
3the Illinois Public Aid Code, emergency rules to implement any
4provision of Section 5-5b.1 or Section 5A-2 of the Illinois
5Public Aid Code may be adopted in accordance with this
6subsection (s) by the Department of Healthcare and Family
7Services. The rulemaking authority granted in this subsection
8(s) shall apply only to those rules adopted prior to July 1,
92015. Notwithstanding any other provision of this Section, any
10emergency rule adopted under this subsection (s) shall only
11apply to payments made for State fiscal year 2015. The adoption
12of emergency rules authorized by this subsection (s) is deemed
13to be necessary for the public interest, safety, and welfare.
14 (t) In order to provide for the expeditious and timely
15implementation of the provisions of Article II of Public Act
1699-6, emergency rules to implement the changes made by Article
17II of Public Act 99-6 to the Emergency Telephone System Act may
18be adopted in accordance with this subsection (t) by the
19Department of State Police. The rulemaking authority granted in
20this subsection (t) shall apply only to those rules adopted
21prior to July 1, 2016. The 24-month limitation on the adoption
22of emergency rules does not apply to rules adopted under this
23subsection (t). The adoption of emergency rules authorized by
24this subsection (t) is deemed to be necessary for the public
25interest, safety, and welfare.
26 (u) In order to provide for the expeditious and timely

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1implementation of the provisions of the Burn Victims Relief
2Act, emergency rules to implement any provision of the Act may
3be adopted in accordance with this subsection (u) by the
4Department of Insurance. The rulemaking authority granted in
5this subsection (u) shall apply only to those rules adopted
6prior to December 31, 2015. The adoption of emergency rules
7authorized by this subsection (u) is deemed to be necessary for
8the public interest, safety, and welfare.
9 (v) In order to provide for the expeditious and timely
10implementation of the provisions of Public Act 99-516,
11emergency rules to implement Public Act 99-516 may be adopted
12in accordance with this subsection (v) by the Department of
13Healthcare and Family Services. The 24-month limitation on the
14adoption of emergency rules does not apply to rules adopted
15under this subsection (v). The adoption of emergency rules
16authorized by this subsection (v) is deemed to be necessary for
17the public interest, safety, and welfare.
18 (w) In order to provide for the expeditious and timely
19implementation of the provisions of Public Act 99-796,
20emergency rules to implement the changes made by Public Act
2199-796 may be adopted in accordance with this subsection (w) by
22the Adjutant General. The adoption of emergency rules
23authorized by this subsection (w) is deemed to be necessary for
24the public interest, safety, and welfare.
25 (x) In order to provide for the expeditious and timely
26implementation of the provisions of Public Act 99-906,

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1emergency rules to implement subsection (i) of Section 16-115D,
2subsection (g) of Section 16-128A, and subsection (a) of
3Section 16-128B of the Public Utilities Act may be adopted in
4accordance with this subsection (x) by the Illinois Commerce
5Commission. The rulemaking authority granted in this
6subsection (x) shall apply only to those rules adopted within
7180 days after June 1, 2017 (the effective date of Public Act
899-906). The adoption of emergency rules authorized by this
9subsection (x) is deemed to be necessary for the public
10interest, safety, and welfare.
11 (y) In order to provide for the expeditious and timely
12implementation of the provisions of Public Act 100-23,
13emergency rules to implement the changes made by Public Act
14100-23 to Section 4.02 of the Illinois Act on the Aging,
15Sections 5.5.4 and 5-5.4i of the Illinois Public Aid Code,
16Section 55-30 of the Alcoholism and Other Drug Abuse and
17Dependency Act, and Sections 74 and 75 of the Mental Health and
18Developmental Disabilities Administrative Act may be adopted
19in accordance with this subsection (y) by the respective
20Department. The adoption of emergency rules authorized by this
21subsection (y) is deemed to be necessary for the public
22interest, safety, and welfare.
23 (z) In order to provide for the expeditious and timely
24implementation of the provisions of Public Act 100-554,
25emergency rules to implement the changes made by Public Act
26100-554 to Section 4.7 of the Lobbyist Registration Act may be

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1adopted in accordance with this subsection (z) by the Secretary
2of State. The adoption of emergency rules authorized by this
3subsection (z) is deemed to be necessary for the public
4interest, safety, and welfare.
5 (aa) In order to provide for the expeditious and timely
6initial implementation of the changes made to Articles 5, 5A,
712, and 14 of the Illinois Public Aid Code under the provisions
8of Public Act 100-581, the Department of Healthcare and Family
9Services may adopt emergency rules in accordance with this
10subsection (aa). The 24-month limitation on the adoption of
11emergency rules does not apply to rules to initially implement
12the changes made to Articles 5, 5A, 12, and 14 of the Illinois
13Public Aid Code adopted under this subsection (aa). The
14adoption of emergency rules authorized by this subsection (aa)
15is deemed to be necessary for the public interest, safety, and
16welfare.
17 (bb) In order to provide for the expeditious and timely
18implementation of the provisions of Public Act 100-587,
19emergency rules to implement the changes made by Public Act
20100-587 to Section 4.02 of the Illinois Act on the Aging,
21Sections 5.5.4 and 5-5.4i of the Illinois Public Aid Code,
22subsection (b) of Section 55-30 of the Alcoholism and Other
23Drug Abuse and Dependency Act, Section 5-104 of the Specialized
24Mental Health Rehabilitation Act of 2013, and Section 75 and
25subsection (b) of Section 74 of the Mental Health and
26Developmental Disabilities Administrative Act may be adopted

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1in accordance with this subsection (bb) by the respective
2Department. The adoption of emergency rules authorized by this
3subsection (bb) is deemed to be necessary for the public
4interest, safety, and welfare.
5 (cc) In order to provide for the expeditious and timely
6implementation of the provisions of Public Act 100-587,
7emergency rules may be adopted in accordance with this
8subsection (cc) to implement the changes made by Public Act
9100-587 to: Sections 14-147.5 and 14-147.6 of the Illinois
10Pension Code by the Board created under Article 14 of the Code;
11Sections 15-185.5 and 15-185.6 of the Illinois Pension Code by
12the Board created under Article 15 of the Code; and Sections
1316-190.5 and 16-190.6 of the Illinois Pension Code by the Board
14created under Article 16 of the Code. The adoption of emergency
15rules authorized by this subsection (cc) is deemed to be
16necessary for the public interest, safety, and welfare.
17 (dd) In order to provide for the expeditious and timely
18implementation of the provisions of Public Act 100-864,
19emergency rules to implement the changes made by Public Act
20100-864 to Section 3.35 of the Newborn Metabolic Screening Act
21may be adopted in accordance with this subsection (dd) by the
22Secretary of State. The adoption of emergency rules authorized
23by this subsection (dd) is deemed to be necessary for the
24public interest, safety, and welfare.
25 (ee) In order to provide for the expeditious and timely
26implementation of the provisions of this amendatory Act of the

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1100th General Assembly, emergency rules implementing the
2Illinois Underground Natural Gas Storage Safety Act may be
3adopted in accordance with this subsection by the Department of
4Natural Resources. The adoption of emergency rules authorized
5by this subsection is deemed to be necessary for the public
6interest, safety, and welfare.
7 (ff) In order to provide for the expeditious and timely
8implementation of the provisions of this amendatory Act of the
9101st General Assembly, emergency rules to implement the
10changes made by this amendatory Act of the 101st General
11Assembly to Section 4.8 of the Lobbyist Registration Act may be
12adopted in accordance with this subsection (ff) by the
13Secretary of State. The adoption of emergency rules authorized
14by this subsection (ff) is deemed to be necessary for the
15public interest, safety, and welfare.
16(Source: P.A. 99-2, eff. 3-26-15; 99-6, eff. 1-1-16; 99-143,
17eff. 7-27-15; 99-455, eff. 1-1-16; 99-516, eff. 6-30-16;
1899-642, eff. 7-28-16; 99-796, eff. 1-1-17; 99-906, eff. 6-1-17;
19100-23, eff. 7-6-17; 100-554, eff. 11-16-17; 100-581, eff.
203-12-18; 100-587, Article 95, Section 95-5, eff. 6-4-18;
21100-587, Article 110, Section 110-5, eff. 6-4-18; 100-864, eff.
228-14-18; 100-1172, eff. 1-4-19.)
23 Section 55. The State Officials and Employees Ethics Act is
24amended by changing Sections 5-5, 50-5, and 70-5 and by adding
25Sections 5-10.10 and 5-70 as follows:

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1 (5 ILCS 430/5-5)
2 Sec. 5-5. Personnel policies.
3 (a) Each of the following shall adopt and implement
4personnel policies for all State employees under his, her, or
5its jurisdiction and control: (i) each executive branch
6constitutional officer, (ii) each legislative leader, (iii)
7the Senate Operations Commission, with respect to legislative
8employees under Section 4 of the General Assembly Operations
9Act, (iv) the Speaker of the House of Representatives, with
10respect to legislative employees under Section 5 of the General
11Assembly Operations Act, (v) the Joint Committee on Legislative
12Support Services, with respect to State employees of the
13legislative support services agencies, (vi) members of the
14General Assembly, with respect to legislative assistants, as
15provided in Section 4 of the General Assembly Compensation Act,
16(vii) the Auditor General, (viii) the Board of Higher
17Education, with respect to State employees of public
18institutions of higher learning except community colleges, and
19(ix) the Illinois Community College Board, with respect to
20State employees of community colleges. The Governor shall adopt
21and implement those policies for all State employees of the
22executive branch not under the jurisdiction and control of any
23other executive branch constitutional officer.
24 (b) The policies required under subsection (a) shall be
25filed with the appropriate ethics commission established under

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1this Act or, for the Auditor General, with the Office of the
2Auditor General.
3 (c) The policies required under subsection (a) shall
4include policies relating to work time requirements,
5documentation of time worked, documentation for reimbursement
6for travel on official State business, compensation, and the
7earning or accrual of State benefits for all State employees
8who may be eligible to receive those benefits.
9 No later than 30 days after November 16, 2017 (the
10effective date of Public Act 100-554) this amendatory Act of
11the 100th General Assembly, the policies shall include, at a
12minimum: (i) a prohibition on sexual harassment; (ii) details
13on how an individual can report an allegation of sexual
14harassment, including options for making a confidential report
15to a supervisor, ethics officer, Inspector General, or the
16Department of Human Rights; (iii) a prohibition on retaliation
17for reporting sexual harassment allegations, including
18availability of whistleblower protections under this Act, the
19Whistleblower Act, and the Illinois Human Rights Act; and (iv)
20the consequences of a violation of the prohibition on sexual
21harassment and the consequences for knowingly making a false
22report. The policies shall comply with and be consistent with
23all other applicable laws.
24 No later than 30 days after the effective date of this
25amendatory Act of the 101st General Assembly, the policies
26shall include, at a minimum: (i) a prohibition on racial

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1discrimination and harassment; (ii) details on how an
2individual can report an allegation of racial discrimination
3and harassment, including options for making a confidential
4report to a supervisor, ethics officer, Inspector General, or
5the Department of Human Rights; (iii) a prohibition on
6retaliation for reporting racial discrimination and harassment
7allegations, including availability of whistleblower
8protections under this Act, the Whistleblower Act, and the
9Illinois Human Rights Act; and (iv) the consequences of a
10violation of the prohibition on racial discrimination and
11harassment and the consequences for knowingly making a false
12report. The policies shall comply with and be consistent with
13all other applicable laws. The policies shall require State
14employees to periodically submit time sheets documenting the
15time spent each day on official State business to the nearest
16quarter hour; contractual State employees may satisfy the time
17sheets requirement by complying with the terms of their
18contract, which shall provide for a means of compliance with
19this requirement. The policies for State employees shall
20require those time sheets to be submitted on paper,
21electronically, or both and to be maintained in either paper or
22electronic format by the applicable fiscal office for a period
23of at least 2 years.
24 (d) The policies required under subsection (a) shall be
25adopted by the applicable entity before February 1, 2004 and
26shall apply to State employees beginning 30 days after

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1adoption.
2(Source: P.A. 100-554, eff. 11-16-17.)
3 (5 ILCS 430/5-10.10 new)
4 Sec. 5-10.10. Racial bias, discrimination, and harassment
5training.
6 (a) Each officer, member, and employee must complete, at
7least annually beginning in 2020, a racial bias,
8discrimination, and harassment training program. A person who
9fills a vacancy in an elective or appointed position that
10requires training under this Section must complete his or her
11initial racial bias, discrimination, and harassment training
12program within 30 days after commencement of his or her office
13or employment. The training shall include, at a minimum, the
14following: (i) the definitions and descriptions of racial bias,
15discrimination, and harassment utilizing examples; (ii)
16details on how an individual can report an allegation of racial
17discrimination or harassment, including options for making a
18confidential report to a supervisor, ethics officer, Inspector
19General, or the Department of Human Rights; (iii) the
20definition and description of retaliation for reporting racial
21discrimination and harassment allegations utilizing examples,
22including availability of whistleblower protections under this
23Act, the Whistleblower Act, and the Illinois Human Rights Act;
24and (iv) the consequences of a violation of the prohibition on
25racial discrimination or harassment and the consequences for

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1knowingly making a false report. Proof of completion must be
2submitted to the applicable ethics officer. Racial bias,
3discrimination, and harassment training programs shall be
4overseen by the appropriate Ethics Commission and Inspector
5General appointed under this Act.
6 (b) Each ultimate jurisdictional authority shall submit to
7the applicable Ethics Commission, at least annually, or more
8frequently as required by that Commission, a report that
9summarizes the racial bias, discrimination, and harassment
10training program that was completed during the previous year,
11and lays out the plan for the training program in the coming
12year. The report shall include the names of individuals that
13failed to complete the required training program. Each Ethics
14Commission shall make the reports available on its website.
15 (5 ILCS 430/5-70 new)
16 Sec. 5-70. Prohibition on racial discrimination and
17harassment.
18 (a) All persons have a right to work in an environment free
19from racial discrimination and harassment. All persons subject
20to this Act are prohibited from racially discriminating against
21or harassing any person, regardless of any employment
22relationship or lack thereof.
23 (b) For purposes of this Act, "racial discrimination and
24harassment" means any actions taken, or decisions or statements
25made, based on an individual's actual or perceived race when

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1such actions are taken, or decisions or statements: (i) are
2made in relation to an individual's employment; (ii) are used
3as all or part of the basis for employment decisions affecting
4such individual; or (iii) have the purpose or effect of
5substantially interfering with an individual's work
6performance or creating an intimidating, hostile, or offensive
7working environment. For purposes of this definition, the
8phrase "working environment" is not limited to a physical
9location an employee is assigned to perform his or her duties
10and does not require an employment relationship.
11 (5 ILCS 430/50-5)
12 Sec. 50-5. Penalties.
13 (a) A person is guilty of a Class A misdemeanor if that
14person intentionally violates any provision of Section 5-15,
155-30, 5-40, or 5-45 or Article 15.
16 (a-1) An ethics commission may levy an administrative fine
17for a violation of Section 5-45 of this Act of up to 3 times the
18total annual compensation that would have been obtained in
19violation of Section 5-45.
20 (b) A person who intentionally violates any provision of
21Section 5-20, 5-35, 5-50, or 5-55 is guilty of a business
22offense subject to a fine of at least $1,001 and up to $5,000.
23 (c) A person who intentionally violates any provision of
24Article 10 is guilty of a business offense and subject to a
25fine of at least $1,001 and up to $5,000.

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1 (d) Any person who intentionally makes a false report
2alleging a violation of any provision of this Act to an ethics
3commission, an inspector general, the State Police, a State's
4Attorney, the Attorney General, or any other law enforcement
5official is guilty of a Class A misdemeanor.
6 (e) An ethics commission may levy an administrative fine of
7up to $5,000 against any person who violates this Act, who
8intentionally obstructs or interferes with an investigation
9conducted under this Act by an inspector general, or who
10intentionally makes a false, frivolous, or bad faith
11allegation.
12 (f) In addition to any other penalty that may apply,
13whether criminal or civil, a State employee who intentionally
14violates any provision of Section 5-5, 5-15, 5-20, 5-30, 5-35,
155-45, or 5-50, Article 10, Article 15, or Section 20-90 or
1625-90 is subject to discipline or discharge by the appropriate
17ultimate jurisdictional authority.
18 (g) Any person who violates Section 5-65 or 5-70 is subject
19to a fine of up to $5,000 per offense, and is subject to
20discipline or discharge by the appropriate ultimate
21jurisdictional authority. Each violation of Section 5-65 or
225-70 is a separate offense. Any penalty imposed by an ethics
23commission shall be separate and distinct from any fines or
24penalties imposed by a court of law or a State or federal
25agency.
26 (h) Any natural person or lobbying entity who intentionally

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1violates Section 4.7 or 4.8, paragraph (d) or (e) of Section 5,
2or subsection (a-5) of Section 11 of the Lobbyist Registration
3Act is guilty of a business offense and shall be subject to a
4fine of up to $5,000. The Executive Ethics Commission, after
5the adjudication of a violation of Section 4.7 of the Lobbyist
6Registration Act for which an investigation was initiated by
7the Inspector General appointed by the Secretary of State under
8Section 14 of the Secretary of State Act, is authorized to
9strike or suspend the registration under the Lobbyist
10Registration Act of any person or lobbying entity for which
11that person is employed for a period of up to 3 years. In
12addition to any other fine or penalty which may be imposed, the
13Executive Ethics Commission may also levy an administrative
14fine of up to $5,000 for a violation specified under this
15subsection (h). Any penalty imposed by an ethics commission
16shall be separate and distinct from any fines or penalties
17imposed by a court of law or by the Secretary of State under
18the Lobbyist Registration Act.
19(Source: P.A. 100-554, eff. 11-16-17; 100-588, eff. 6-8-18.)
20 (5 ILCS 430/70-5)
21 Sec. 70-5. Adoption by governmental entities.
22 (a) Within 6 months after the effective date of this Act,
23each governmental entity other than a community college
24district, and each community college district within 6 months
25after the effective date of this amendatory Act of the 95th

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1General Assembly, shall adopt an ordinance or resolution that
2regulates, in a manner no less restrictive than Section 5-15
3and Article 10 of this Act, (i) the political activities of
4officers and employees of the governmental entity and (ii) the
5soliciting and accepting of gifts by and the offering and
6making of gifts to officers and employees of the governmental
7entity.
8 No later than 60 days after November 16, 2017 (the
9effective date of Public Act 100-554) this amendatory Act of
10the 100th General Assembly, each governmental unit shall adopt
11an ordinance or resolution establishing a policy to prohibit
12sexual harassment. The policy shall include, at a minimum: (i)
13a prohibition on sexual harassment; (ii) details on how an
14individual can report an allegation of sexual harassment,
15including options for making a confidential report to a
16supervisor, ethics officer, Inspector General, or the
17Department of Human Rights; (iii) a prohibition on retaliation
18for reporting sexual harassment allegations, including
19availability of whistleblower protections under this Act, the
20Whistleblower Act, and the Illinois Human Rights Act; and (iv)
21the consequences of a violation of the prohibition on sexual
22harassment and the consequences for knowingly making a false
23report.
24 No later than 60 days after the effective date of this
25amendatory Act of the 101st General Assembly, each governmental
26unit shall adopt an ordinance or resolution establishing a

SB1485 Engrossed- 29 -LRB101 08761 RJF 53848 b
1policy to prohibit racial discrimination and harassment. The
2policy shall include, at a minimum: (i) a prohibition on racial
3discrimination and harassment; (ii) details on how an
4individual can report an allegation of racial discrimination
5and harassment, including options for making a confidential
6report to a supervisor, ethics officer, Inspector General, or
7the Department of Human Rights; (iii) a prohibition on
8retaliation for reporting racial discrimination and harassment
9allegations, including availability of whistleblower
10protections under this Act, the Whistleblower Act, and the
11Illinois Human Rights Act; and (iv) the consequences of a
12violation of the prohibition on racial discrimination and
13harassment and the consequences for knowingly making a false
14report.
15 (b) Within 3 months after the effective date of this
16amendatory Act of the 93rd General Assembly, the Attorney
17General shall develop model ordinances and resolutions for the
18purpose of this Article. The Attorney General shall advise
19governmental entities on their contents and adoption.
20 (c) As used in this Article, (i) an "officer" means an
21elected or appointed official; regardless of whether the
22official is compensated, and (ii) an "employee" means a
23full-time, part-time, or contractual employee.
24(Source: P.A. 100-554, eff. 11-16-17.)
25 Section 60. The Secretary of State Act is amended by

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1changing Section 14 as follows:
2 (15 ILCS 305/14)
3 Sec. 14. Inspector General.
4 (a) The Secretary of State must, with the advice and
5consent of the Senate, appoint an Inspector General for the
6purpose of detection, deterrence, and prevention of fraud,
7corruption, mismanagement, gross or aggravated misconduct, or
8misconduct that may be criminal in nature in the Office of the
9Secretary of State. The Inspector General shall serve a 5-year
10term. If no successor is appointed and qualified upon the
11expiration of the Inspector General's term, the Office of
12Inspector General is deemed vacant and the powers and duties
13under this Section may be exercised only by an appointed and
14qualified interim Inspector General until a successor
15Inspector General is appointed and qualified. If the General
16Assembly is not in session when a vacancy in the Office of
17Inspector General occurs, the Secretary of State may appoint an
18interim Inspector General whose term shall expire 2 weeks after
19the next regularly scheduled session day of the Senate.
20 (b) The Inspector General shall have the following
21qualifications:
22 (1) has not been convicted of any felony under the laws
23 of this State, another State, or the United States;
24 (2) has earned a baccalaureate degree from an
25 institution of higher education; and

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1 (3) has either (A) 5 or more years of service with a
2 federal, State, or local law enforcement agency, at least 2
3 years of which have been in a progressive investigatory
4 capacity; (B) 5 or more years of service as a federal,
5 State, or local prosecutor; or (C) 5 or more years of
6 service as a senior manager or executive of a federal,
7 State, or local agency.
8 (c) The Inspector General may review, coordinate, and
9recommend methods and procedures to increase the integrity of
10the Office of the Secretary of State. The duties of the
11Inspector General shall supplement and not supplant the duties
12of the Chief Auditor for the Secretary of State's Office or any
13other Inspector General that may be authorized by law. The
14Inspector General must report directly to the Secretary of
15State.
16 (d) In addition to the authority otherwise provided by this
17Section, but only when investigating the Office of the
18Secretary of State, its employees, or their actions for fraud,
19corruption, mismanagement, gross or aggravated misconduct, or
20misconduct that may be criminal in nature, the Inspector
21General is authorized:
22 (1) To have access to all records, reports, audits,
23 reviews, documents, papers, recommendations, or other
24 materials available that relate to programs and operations
25 with respect to which the Inspector General has
26 responsibilities under this Section.

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1 (2) To make any investigations and reports relating to
2 the administration of the programs and operations of the
3 Office of the Secretary of State that are, in the judgment
4 of the Inspector General, necessary or desirable.
5 (3) To request any information or assistance that may
6 be necessary for carrying out the duties and
7 responsibilities provided by this Section from any local,
8 State, or federal governmental agency or unit thereof.
9 (4) To require by subpoena the appearance of witnesses
10 and the production of all information, documents, reports,
11 answers, records, accounts, papers, and other data and
12 documentary evidence necessary in the performance of the
13 functions assigned by this Section, with the exception of
14 subsection (c) and with the exception of records of a labor
15 organization authorized and recognized under the Illinois
16 Public Labor Relations Act to be the exclusive bargaining
17 representative of employees of the Secretary of State,
18 including, but not limited to, records of representation of
19 employees and the negotiation of collective bargaining
20 agreements. A subpoena may be issued under this paragraph
21 (4) only by the Inspector General and not by members of the
22 Inspector General's staff. A person duly subpoenaed for
23 testimony, documents, or other items who neglects or
24 refuses to testify or produce documents or other items
25 under the requirements of the subpoena shall be subject to
26 punishment as may be determined by a court of competent

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1 jurisdiction, unless (i) the testimony, documents, or
2 other items are covered by the attorney-client privilege or
3 any other privilege or right recognized by law or (ii) the
4 testimony, documents, or other items concern the
5 representation of employees and the negotiation of
6 collective bargaining agreements by a labor organization
7 authorized and recognized under the Illinois Public Labor
8 Relations Act to be the exclusive bargaining
9 representative of employees of the Secretary of State.
10 Nothing in this Section limits a person's right to
11 protection against self-incrimination under the Fifth
12 Amendment of the United States Constitution or Article I,
13 Section 10, of the Constitution of the State of Illinois.
14 (5) To have direct and prompt access to the Secretary
15 of State for any purpose pertaining to the performance of
16 functions and responsibilities under this Section.
17 (d-5) In addition to the authority otherwise provided by
18this Section, the Secretary of State Inspector General shall
19have jurisdiction to investigate complaints and allegations of
20wrongdoing by any person or entity related to the Lobbyist
21Registration Act. When investigating those complaints and
22allegations, the Inspector General is authorized:
23 (1) To have access to all records, reports, audits,
24 reviews, documents, papers, recommendations, or other
25 materials available that relate to programs and operations
26 with respect to which the Inspector General has

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

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1 functions and responsibilities under this Section.
2 (5) As provided in subsection (d) of Section 5 of the
3 Lobbyist Registration Act, to review allegations that an
4 individual required to be registered under the Lobbyist
5 Registration Act has engaged in one or more acts of sexual
6 harassment. Upon completion of that review, the Inspector
7 General shall submit a summary of the review to the
8 Executive Ethics Commission. The Inspector General is
9 authorized to file pleadings with the Executive Ethics
10 Commission, through the Attorney General, if the Attorney
11 General finds that reasonable cause exists to believe that
12 a violation regarding acts of sexual harassment has
13 occurred. The Secretary shall adopt rules setting forth the
14 procedures for the review of such allegations.
15 (6) As provided in subsection (e) of Section 5 of the
16 Lobbyist Registration Act, to review allegations that an
17 individual required to be registered under the Lobbyist
18 Registration Act has engaged in one or more acts of racial
19 discrimination and harassment. Upon completion of that
20 review, the Inspector General shall submit a summary of the
21 review to the Executive Ethics Commission. The Secretary
22 shall adopt rules setting forth the procedures for the
23 review of such allegations.
24 (e) The Inspector General may receive and investigate
25complaints or information concerning the possible existence of
26an activity constituting a violation of law, rules, or

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1regulations; mismanagement; abuse of authority; or substantial
2and specific danger to the public health and safety. Any person
3who knowingly files a false complaint or files a complaint with
4reckless disregard for the truth or the falsity of the facts
5underlying the complaint may be subject to discipline as set
6forth in the rules of the Department of Personnel of the
7Secretary of State or the Inspector General may refer the
8matter to a State's Attorney or the Attorney General.
9 The Inspector General may not, after receipt of a complaint
10or information, disclose the identity of the source without the
11consent of the source, unless the Inspector General determines
12that disclosure of the identity is reasonable and necessary for
13the furtherance of the investigation.
14 Any employee who has the authority to recommend or approve
15any personnel action or to direct others to recommend or
16approve any personnel action may not, with respect to that
17authority, take or threaten to take any action against any
18employee as a reprisal for making a complaint or disclosing
19information to the Inspector General, unless the complaint was
20made or the information disclosed with the knowledge that it
21was false or with willful disregard for its truth or falsity.
22 (f) The Inspector General must adopt rules, in accordance
23with the provisions of the Illinois Administrative Procedure
24Act, establishing minimum requirements for initiating,
25conducting, and completing investigations. The rules must
26establish criteria for determining, based upon the nature of

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1the allegation, the appropriate method of investigation, which
2may include, but is not limited to, site visits, telephone
3contacts, personal interviews, or requests for written
4responses. The rules must also clarify how the Office of the
5Inspector General shall interact with other local, State, and
6federal law enforcement investigations.
7 Any employee of the Secretary of State subject to
8investigation or inquiry by the Inspector General or any agent
9or representative of the Inspector General concerning
10misconduct that is criminal in nature shall have the right to
11be notified of the right to remain silent during the
12investigation or inquiry and the right to be represented in the
13investigation or inquiry by an attorney or a representative of
14a labor organization that is the exclusive collective
15bargaining representative of employees of the Secretary of
16State. Any investigation or inquiry by the Inspector General or
17any agent or representative of the Inspector General must be
18conducted with an awareness of the provisions of a collective
19bargaining agreement that applies to the employees of the
20Secretary of State and with an awareness of the rights of the
21employees as set forth in State and federal law and applicable
22judicial decisions. Any recommendations for discipline or any
23action taken against any employee by the Inspector General or
24any representative or agent of the Inspector General must
25comply with the provisions of the collective bargaining
26agreement that applies to the employee.

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1 (g) On or before January 1 of each year, the Inspector
2General shall report to the President of the Senate, the
3Minority Leader of the Senate, the Speaker of the House of
4Representatives, and the Minority Leader of the House of
5Representatives on the types of investigations and the
6activities undertaken by the Office of the Inspector General
7during the previous calendar year.
8(Source: P.A. 100-554, eff. 11-16-17; 100-588, eff. 6-8-18.)
9 Section 65. The Lobbyist Registration Act is amended by
10changing Sections 5 and 10 and by adding Section 4.8 as
11follows:
12 (25 ILCS 170/4.8 new)
13 Sec. 4.8. Prohibition on racial discrimination and
14harassment.
15 (a) All persons have the right to work in an environment
16free from racial discrimination and harassment. All persons
17subject to this Act shall refrain from racial discrimination
18and harassment of any person.
19 (b) Beginning January 1, 2020, each natural person required
20to register as a lobbyist under this Act must complete, at
21least annually, a racial bias, discrimination, and harassment
22training program provided by the Secretary of State. A natural
23person registered under this Act must complete the training
24program no later than 30 days after registration or renewal

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1under this Act. This requirement does not apply to a lobbying
2entity or a client that hires a lobbyist that (i) does not have
3employees of the lobbying entity or client registered as
4lobbyists, or (ii) does not have an actual presence in
5Illinois.
6 (c) No later than January 1, 2020, each natural person and
7any entity required to register under this Act shall have a
8written racial discrimination and harassment policy that shall
9include, at a minimum: (i) a prohibition on racial
10discrimination and harassment; (ii) details on how an
11individual can report an allegation of racial discrimination
12and harassment, including options for making a confidential
13report to a supervisor, ethics officer, Inspector General, or
14the Department of Human Rights; (iii) a prohibition on
15retaliation for reporting racial discrimination and harassment
16allegations, including availability of whistleblower
17protections under the State Officials and Employee Ethics Act,
18the Whistleblower Act, and the Illinois Human Rights Act; and
19(iv) the consequences of a violation of the prohibition on
20racial discrimination and harassment and the consequences for
21knowingly making a false report.
22 (d) For purposes of this Act, "racial discrimination and
23harassment" means any actions taken, or decisions or statements
24made, based on an individual's actual or perceived race when
25such actions are taken, or decisions or statements: (i) are
26made in relation to an individual's employment; (ii) are used

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1as all or part of the basis for employment decisions affecting
2such individual; or (iii) have the purpose or effect of
3substantially interfering with an individual's work
4performance or creating an intimidating, hostile, or offensive
5working environment. For purposes of this definition, the
6phrase "working environment" is not limited to a physical
7location an employee is assigned to perform his or her duties
8and does not require an employment relationship.
9 (e) The Secretary of State shall adopt rules for the
10implementation of this Section. In order to provide for the
11expeditious and timely implementation of this Section, the
12Secretary of State shall adopt emergency rules under subsection
13(ff) of Section 5-45 of the Illinois Administrative Procedure
14Act for the implementation of this Section no later than 60
15days after the effective date of this amendatory Act of the
16101st General Assembly.
17 (25 ILCS 170/5)
18 Sec. 5. Lobbyist registration and disclosure. Every
19natural person and every entity required to register under this
20Act shall before any service is performed which requires the
21natural person or entity to register, but in any event not
22later than 2 business days after being employed or retained,
23file in the Office of the Secretary of State a statement in a
24format prescribed by the Secretary of State containing the
25following information with respect to each person or entity

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1employing, retaining, or benefitting from the services of the
2natural person or entity required to register:
3 (a) The registrant's name, permanent address, e-mail
4 address, if any, fax number, if any, business telephone
5 number, and temporary address, if the registrant has a
6 temporary address while lobbying.
7 (a-5) If the registrant is an entity, the information
8 required under subsection (a) for each natural person
9 associated with the registrant who will be lobbying,
10 regardless of whether lobbying is a significant part of his
11 or her duties.
12 (b) The name and address of the client or clients
13 employing or retaining the registrant to perform such
14 services or on whose behalf the registrant appears. If the
15 client employing or retaining the registrant is a client
16 registrant, the statement shall also include the name and
17 address of the client or clients of the client registrant
18 on whose behalf the registrant will be or anticipates
19 performing services.
20 (c) A brief description of the executive, legislative,
21 or administrative action in reference to which such service
22 is to be rendered.
23 (c-5) Each executive and legislative branch agency the
24 registrant expects to lobby during the registration
25 period.
26 (c-6) The nature of the client's business, by

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1 indicating all of the following categories that apply: (1)
2 banking and financial services, (2) manufacturing, (3)
3 education, (4) environment, (5) healthcare, (6) insurance,
4 (7) community interests, (8) labor, (9) public relations or
5 advertising, (10) marketing or sales, (11) hospitality,
6 (12) engineering, (13) information or technology products
7 or services, (14) social services, (15) public utilities,
8 (16) racing or wagering, (17) real estate or construction,
9 (18) telecommunications, (19) trade or professional
10 association, (20) travel or tourism, (21) transportation,
11 (22) agriculture, and (23) other (setting forth the nature
12 of that other business).
13 (d) A confirmation that the registrant has a sexual
14 harassment policy as required by Section 4.7, that such
15 policy shall be made available to any individual within 2
16 business days upon written request (including electronic
17 requests), that any person may contact the authorized agent
18 of the registrant to report allegations of sexual
19 harassment, and that the registrant recognizes the
20 Inspector General has jurisdiction to review any
21 allegations of sexual harassment alleged against the
22 registrant or lobbyists hired by the registrant.
23 (e) A confirmation that the registrant has a racial
24 discrimination and harassment policy as required by
25 Section 4.7, that such policy shall be made available to
26 any individual within 2 business days upon written request

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1 (including electronic requests), that any person may
2 contact the authorized agent of the registrant to report
3 allegations of racial discrimination and harassment, and
4 that the registrant recognizes the Inspector General has
5 jurisdiction to review any allegations of racial
6 discrimination and harassment alleged against the
7 registrant or lobbyists hired by the registrant.
8 Every natural person and every entity required to register
9under this Act shall annually submit the registration required
10by this Section on or before each January 31. The registrant
11has a continuing duty to report any substantial change or
12addition to the information contained in the registration.
13 The Secretary of State shall make all filed statements and
14amendments to statements publicly available by means of a
15searchable database that is accessible through the World Wide
16Web. The Secretary of State shall provide all software
17necessary to comply with this provision to all natural persons
18and entities required to file. The Secretary of State shall
19implement a plan to provide computer access and assistance to
20natural persons and entities required to file electronically.
21 All natural persons and entities required to register under
22this Act shall remit a single, annual, and nonrefundable $300
23registration fee. Each natural person required to register
24under this Act shall submit, on an annual basis, a picture of
25the registrant. A registrant may, in lieu of submitting a
26picture on an annual basis, authorize the Secretary of State to

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1use any photo identification available in any database
2maintained by the Secretary of State for other purposes. Each
3registration fee collected for registrations on or after
4January 1, 2010 shall be deposited into the Lobbyist
5Registration Administration Fund for administration and
6enforcement of this Act.
7(Source: P.A. 100-554, eff. 11-16-17.)
8 (25 ILCS 170/10) (from Ch. 63, par. 180)
9 Sec. 10. Penalties.
10 (a) Any person who violates any of the provisions of this
11Act, except for a violation of Section 4.7 or 4.8 or paragraph
12(d) or (e) of Section 5, shall be guilty of a business offense
13and shall be fined not more than $10,000 for each violation.
14Every day that a report or registration is late shall
15constitute a separate violation. In determining the
16appropriate fine for each violation, the trier of fact shall
17consider the scope of the entire lobbying project, the nature
18of activities conducted during the time the person was in
19violation of this Act, and whether or not the violation was
20intentional or unreasonable.
21 (a-5) A violation of Section 4.7 or 4.8 or paragraph (d) or
22(e) of Section 5 shall be considered a violation of the State
23Officials and Employees Ethics Act, subject to the jurisdiction
24of the Executive Ethics Commission and to all penalties under
25Section 50-5 of the State Officials and Employees Ethics Act.

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1 (b) In addition to the penalties provided for in
2subsections (a) and (a-5) of this Section, any person convicted
3of any violation of any provision of this Act is prohibited for
4a period of three years from the date of such conviction from
5lobbying.
6 (c) There is created in the State treasury a special fund
7to be known as the Lobbyist Registration Administration Fund.
8All fines collected in the enforcement of this Section shall be
9deposited into the Fund. These funds shall, subject to
10appropriation, be used by the Office of the Secretary of State
11for implementation and administration of this Act.
12(Source: P.A. 100-554, eff. 11-16-17.)
13 Section 70. The Illinois Human Rights Act is amended by
14adding Section 2-108 as follows:
15 (775 ILCS 5/2-108 new)
16 Sec. 2-108. Hotline to Report Racial Discrimination and
17Harassment.
18 (a) The Department shall, no later than 3 months after the
19effective date of this amendatory Act of the 101st General
20Assembly, establish and maintain a racial discrimination and
21harassment hotline. The Department shall help persons who
22contact the Department through the hotline find necessary
23resources, including counseling services, and assist in the
24filing of racial discrimination and harassment complaints with

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1the Department or other applicable agencies. The Department may
2recommend that an individual seek private counsel, but shall
3not make recommendations for legal representation. The hotline
4shall provide the means through which persons may anonymously
5report racial discrimination and harassment in both private and
6public places of employment. In the case of a report of racial
7discrimination and harassment by a person subject to Article 20
8or 25 of the State Officials and Employees Ethics Act, the
9Department shall, with the permission of the reporting
10individual, report the allegations to the Executive Inspector
11General or Legislative Inspector General for further
12investigation.
13 (b) The Department shall advertise the hotline on its
14website and in materials related to racial discrimination and
15harassment, including posters made available to the public, and
16encourage reporting by both those who are subject to racial
17discrimination and harassment and those who have witnessed it.
18 (c) All communications received by the Department via the
19hotline or Internet communication shall remain confidential
20and shall be exempt from disclosure under the Freedom of
21Information Act.
22 (d) As used in this Section, "hotline" means a toll-free
23telephone with voicemail capabilities and an Internet website
24through which persons may report instances of racial
25discrimination and harassment.
26 Section 99. Effective date. This Act takes effect upon

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1becoming law.

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1 INDEX
2 Statutes amended in order of appearance