Rep. Ann M. Williams

Filed: 5/30/2019

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1 AMENDMENT TO SENATE BILL 75

2 AMENDMENT NO. ______. Amend Senate Bill 75 by replacing

3 everything after the enacting clause with the following:

4 "Article 1.

5 Section 1-1. Short title. This Article may be cited as the

6 Workplace Transparency Act. References in this Article to "this

7 Act" mean this Article.

8 Section 1-5. Purpose. This State has a compelling and

9 substantial interest in securing individuals' freedom from

10 unlawful discrimination and harassment in the workplace. This

11 State also recognizes the right of parties to freely contract

12 over the terms, privileges and conditions of employment as they

13 so choose. The purpose of this Act is to ensure that all

14 parties to a contract for the performance of services

15 understand and agree to the mutual promises and consideration

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1 therein, and to protect the interest of this State in ensuring

2 all workplaces are free of unlawful discrimination and

3 harassment.

4 Section 1-10. Application.

5 (a) This Act does not apply to any contracts that are

6 entered into in and subject to the Illinois Public Labor

7 Relations Act or the National Labor Relations Act. If there is

8 a conflict between any valid and enforceable collective

9 bargaining agreement and this Act, the collective bargaining

10 agreement controls.

11 (b) This Act shall have no effect on the determination of

12 whether an employment relationship exists for the purposes of

13 other State or federal laws, including, but not limited to, the

14 Illinois Human Rights Act, the Workers' Compensation Act, the

15 Unemployment Insurance Act, and the Illinois Wage Payment and

16 Collection Act.

17 (c) This Act applies to contracts entered into, modified,

18 or extended on or after the effective date of this Act.

19 Section 1-15. Definitions. As used in this Act:

20 "Employee" has the same meaning as set forth in Section

21 2-101 of the Illinois Human Rights Act. "Employee" includes

22 "nonemployees" as defined in Section 2-102 of the Illinois

23 Human Rights Act.

24 "Employer" has the same meaning as set forth in Section

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1 2-101 of the Illinois Human Rights Act.

2 "Mutual condition of employment or continued employment"

3 means any contract, agreement, clause, covenant, or waiver

4 negotiated between an employer and an employee or prospective

5 employee in good faith for consideration in order to obtain or

6 retain employment.

7 "Prospective employee" means a person seeking to enter an

8 employment contract with an employer.

9 "Settlement agreement" means an agreement, contract, or

10 clause within an agreement or contract entered into between an

11 employee, prospective employee, or former employee and an

12 employer to resolve a dispute or legal claim between the

13 parties that arose or accrued before the settlement agreement

14 was executed.

15 "Termination agreement" means a contract or agreement

16 between an employee and an employer terminating the employment

17 relationship.

18 "Unlawful employment practice" means any form of unlawful

19 discrimination, harassment, or retaliation that is actionable

20 under Article 2 of the Illinois Human Rights Act, Title VII of

21 the Civil Rights Act of 1964, or any other related State or

22 federal rule or law that is enforced by the Illinois Department

23 of Human Rights or the Equal Employment Opportunity Commission.

24 "Unilateral condition of employment or continued

25 employment" means any contract, agreement, clause, covenant,

26 or waiver an employer requires an employee or prospective

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1 employee to accept as a non-negotiable material term in order

2 to obtain or retain employment.

3 Section 1-20. Reporting of allegations. No contract,

4 agreement, clause, covenant, waiver, or other document shall

5 prohibit, prevent, or otherwise restrict an employee,

6 prospective employee, or former employee from reporting any

7 allegations of unlawful conduct to federal, State, or local

8 officials for investigation, including, but not limited to,

9 alleged criminal conduct or unlawful employment practices.

10 Section 1-25. Conditions of employment or continued

11 employment.

12 (a) Any agreement, clause, covenant, or waiver that is a

13 unilateral condition of employment or continued employment and

14 has the purpose or effect of preventing an employee or

15 prospective employee from making truthful statements or

16 disclosures about alleged unlawful employment practices is

17 against public policy, void to the extent it prevents such

18 statements or disclosures, and severable from an otherwise

19 valid and enforceable contract under this Act.

20 (b) Any agreement, clause, covenant, or waiver that is a

21 unilateral condition of employment or continued employment and

22 requires the employee or prospective employee to waive,

23 arbitrate, or otherwise diminish any existing or future claim,

24 right, or benefit related to an unlawful employment practice to

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1 which the employee or prospective employee would otherwise be

2 entitled under any provision of State or federal law, is

3 against public policy, void to the extent it denies an employee

4 or prospective employee a substantive or procedural right or

5 remedy related to alleged unlawful employment practices, and

6 severable from an otherwise valid and enforceable contract

7 under this Act.

8 (c) Any agreement, clause, covenant, or waiver that is a

9 mutual condition of employment or continued employment may

10 include provisions that would otherwise be against public

11 policy as a unilateral condition of employment or continued

12 employment, but only if the agreement, clause, covenant, or

13 waiver is in writing, demonstrates actual, knowing, and

14 bargained-for consideration from both parties, and

15 acknowledges the right of the employee or prospective employee

16 to:

17 (1) report any good faith allegation of unlawful

18 employment practices to any appropriate federal, State, or

19 local government agency enforcing discrimination laws;

20 (2) report any good faith allegation of criminal

21 conduct to any appropriate federal, State, or local

22 official;

23 (3) participate in a proceeding with any appropriate

24 federal, State, or local government agency enforcing

25 discrimination laws;

26 (4) make any truthful statements or disclosures

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1 required by law, regulation, or legal process; and

2 (5) request or receive confidential legal advice.

3 (d) Failure to comply with the provisions of subsection (c)

4 shall establish a rebuttable presumption that the agreement,

5 clause, covenant, or waiver is a unilateral condition of

6 employment or continued employment that is governed by

7 subsections (a) or (b).

8 (e) Nothing in this Section shall be construed to prevent

9 an employee or prospective employee and an employer from

10 negotiating and bargaining over the terms, privileges, and

11 conditions of employment.

12 Section 1-30. Settlement or termination agreements.

13 (a) An employee, prospective employee, or former employee

14 and an employer may enter into a valid and enforceable

15 settlement or termination agreement that includes promises of

16 confidentiality related to alleged unlawful employment

17 practices, so long as:

18 (1) confidentiality is the documented preference of

19 the employee, prospective employee, or former employee and

20 is mutually beneficial to both parties;

21 (2) the employer notifies the employee, prospective

22 employee, or former employee, in writing, of his or her

23 right to have an attorney or representative of his or her

24 choice review the settlement or termination agreement

25 before it is executed;

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1 (3) there is valid, bargained for consideration in

2 exchange for the confidentiality;

3 (4) the settlement or termination agreement does not

4 waive any claims of unlawful employment practices that

5 accrue after the date of execution of the settlement or

6 termination agreement;

7 (5) the settlement or termination agreement is

8 provided, in writing, to the parties to the prospective

9 agreement and the employee, prospective employee, or

10 former employee is given a period of 21 calendar days to

11 consider the agreement before execution, during which the

12 employee, prospective employee, or former employee may

13 sign the agreement at any time, knowingly and voluntarily

14 waiving any further time for consideration; and

15 (6) unless knowingly and voluntarily waived by the

16 employee, prospective employee, or former employee, he or

17 she has 7 calendar days following the execution of the

18 agreement to revoke the agreement and the agreement is not

19 effective or enforceable until the revocation period has

20 expired.

21 (b) An employer may not unilaterally include any clause in

22 a settlement or termination agreement that prohibits the

23 employee, prospective employee, or former employee from making

24 truthful statements or disclosures regarding unlawful

25 employment practices.

26 (c) Failure to comply with the provisions of this Section

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1 shall render any promise of confidentiality related to alleged

2 unlawful employment practices against public policy void and

3 severable from an otherwise valid and enforceable agreement.

4 (d) Nothing in this Section shall be construed to prevent a

5 mutually agreed upon settlement or termination agreement from

6 waiving or releasing the employee, prospective employee, or

7 former employee's right to seek or obtain any remedies relating

8 to an unlawful employment practice claim that occurred before

9 the date on which the agreement is executed.

10 Section 1-35. Costs and attorney's fees. An employee,

11 prospective employee, or former employee shall be entitled to

12 reasonable attorney's fees and costs incurred in challenging a

13 contract for violation of this Act upon a final, non-appealable

14 action in favor of the employee, prospective employee, or

15 former employee on the question of the validity and

16 enforceability of the contract.

17 Section 1-40. Right to testify. Notwithstanding any other

18 law to the contrary, any agreement, clause, covenant, or

19 waiver, settlement agreement, or termination agreement that

20 waives the right of an employee, prospective employee, or

21 former employee to testify in an administrative, legislative,

22 or judicial proceeding concerning alleged criminal conduct or

23 alleged unlawful employment practices on the part of the other

24 party to the employment contract, settlement agreement, or

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1 termination agreement, or on the part of the party's agents or

2 employees, when the employee, prospective employee, or former

3 employee has been required or requested to attend the

4 proceeding pursuant to a court order, subpoena, or written

5 request from an administrative agency or the legislature, is

6 void and unenforceable under the public policy of this State.

7 This Section is declarative of existing law.

8 Section 1-45. Limitations. This Act shall not be construed

9 to limit an employer's ability to require the following to

10 maintain confidentiality of allegations of unlawful employment

11 practices made by others:

12 (1) employees who receive complaints or investigate

13 allegations related to unlawful employment practices as

14 part of their assigned job duties, or otherwise have access

15 to confidential personnel information as a part of their

16 assigned job duties;

17 (2) an employee or third party who is notified and

18 requested to participate in an open and ongoing

19 investigation into alleged unlawful employment practices

20 and requested to maintain reasonable confidentiality

21 during the pendency of that investigation and thereafter;

22 (3) an employee or any third party who receives

23 attorney work product or attorney-client privileged

24 communications as part of any dispute, controversy, or

25 legal claim involving an unlawful employment practice;

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1 (4) any individual who by law is subject to a

2 recognized legal or evidentiary privilege; or

3 (5) any third party engaged or hired by the employer to

4 investigate complaints of an unlawful employment practice.

5 Section 1-50. Severability. The provisions of this Act are

6 severable under Section 1.31 of the Statute on Statutes.

7 Article 2.

8 Section 2-5. The Freedom of Information Act is amended by

9 changing Section 7.5 as follows:

10 (5 ILCS 140/7.5)

11 Sec. 7.5. Statutory exemptions. To the extent provided for

12 by the statutes referenced below, the following shall be exempt

13 from inspection and copying:

14 (a) All information determined to be confidential

15 under Section 4002 of the Technology Advancement and

16 Development Act.

17 (b) Library circulation and order records identifying

18 library users with specific materials under the Library

19 Records Confidentiality Act.

20 (c) Applications, related documents, and medical

21 records received by the Experimental Organ Transplantation

22 Procedures Board and any and all documents or other records

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1 prepared by the Experimental Organ Transplantation

2 Procedures Board or its staff relating to applications it

3 has received.

4 (d) Information and records held by the Department of

5 Public Health and its authorized representatives relating

6 to known or suspected cases of sexually transmissible

7 disease or any information the disclosure of which is

8 restricted under the Illinois Sexually Transmissible

9 Disease Control Act.

10 (e) Information the disclosure of which is exempted

11 under Section 30 of the Radon Industry Licensing Act.

12 (f) Firm performance evaluations under Section 55 of

13 the Architectural, Engineering, and Land Surveying

14 Qualifications Based Selection Act.

15 (g) Information the disclosure of which is restricted

16 and exempted under Section 50 of the Illinois Prepaid

17 Tuition Act.

18 (h) Information the disclosure of which is exempted

19 under the State Officials and Employees Ethics Act, and

20 records of any lawfully created State or local inspector

21 general's office that would be exempt if created or

22 obtained by an Executive Inspector General's office under

23 that Act.

24 (i) Information contained in a local emergency energy

25 plan submitted to a municipality in accordance with a local

26 emergency energy plan ordinance that is adopted under

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1 Section 11-21.5-5 of the Illinois Municipal Code.

2 (j) Information and data concerning the distribution

3 of surcharge moneys collected and remitted by carriers

4 under the Emergency Telephone System Act.

5 (k) Law enforcement officer identification information

6 or driver identification information compiled by a law

7 enforcement agency or the Department of Transportation

8 under Section 11-212 of the Illinois Vehicle Code.

9 (l) Records and information provided to a residential

10 health care facility resident sexual assault and death

11 review team or the Executive Council under the Abuse

12 Prevention Review Team Act.

13 (m) Information provided to the predatory lending

14 database created pursuant to Article 3 of the Residential

15 Real Property Disclosure Act, except to the extent

16 authorized under that Article.

17 (n) Defense budgets and petitions for certification of

18 compensation and expenses for court appointed trial

19 counsel as provided under Sections 10 and 15 of the Capital

20 Crimes Litigation Act. This subsection (n) shall apply

21 until the conclusion of the trial of the case, even if the

22 prosecution chooses not to pursue the death penalty prior

23 to trial or sentencing.

24 (o) Information that is prohibited from being

25 disclosed under Section 4 of the Illinois Health and

26 Hazardous Substances Registry Act.

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1 (p) Security portions of system safety program plans,

2 investigation reports, surveys, schedules, lists, data, or

3 information compiled, collected, or prepared by or for the

4 Regional Transportation Authority under Section 2.11 of

5 the Regional Transportation Authority Act or the St. Clair

6 County Transit District under the Bi-State Transit Safety

7 Act.

8 (q) Information prohibited from being disclosed by the

9 Personnel Record ~~Records~~ Review Act.

10 (r) Information prohibited from being disclosed by the

11 Illinois School Student Records Act.

12 (s) Information the disclosure of which is restricted

13 under Section 5-108 of the Public Utilities Act.

14 (t) All identified or deidentified health information

15 in the form of health data or medical records contained in,

16 stored in, submitted to, transferred by, or released from

17 the Illinois Health Information Exchange, and identified

18 or deidentified health information in the form of health

19 data and medical records of the Illinois Health Information

20 Exchange in the possession of the Illinois Health

21 Information Exchange Authority due to its administration

22 of the Illinois Health Information Exchange. The terms

23 "identified" and "deidentified" shall be given the same

24 meaning as in the Health Insurance Portability and

25 Accountability Act of 1996, Public Law 104-191, or any

26 subsequent amendments thereto, and any regulations

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1 promulgated thereunder.

2 (u) Records and information provided to an independent

3 team of experts under the Developmental Disability and

4 Mental Health Safety Act (also known as Brian's Law).

5 (v) Names and information of people who have applied

6 for or received Firearm Owner's Identification Cards under

7 the Firearm Owners Identification Card Act or applied for

8 or received a concealed carry license under the Firearm

9 Concealed Carry Act, unless otherwise authorized by the

10 Firearm Concealed Carry Act; and databases under the

11 Firearm Concealed Carry Act, records of the Concealed Carry

12 Licensing Review Board under the Firearm Concealed Carry

13 Act, and law enforcement agency objections under the

14 Firearm Concealed Carry Act.

15 (w) Personally identifiable information which is

16 exempted from disclosure under subsection (g) of Section

17 19.1 of the Toll Highway Act.

18 (x) Information which is exempted from disclosure

19 under Section 5-1014.3 of the Counties Code or Section

20 8-11-21 of the Illinois Municipal Code.

21 (y) Confidential information under the Adult

22 Protective Services Act and its predecessor enabling

23 statute, the Elder Abuse and Neglect Act, including

24 information about the identity and administrative finding

25 against any caregiver of a verified and substantiated

26 decision of abuse, neglect, or financial exploitation of an

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1 eligible adult maintained in the Registry established

2 under Section 7.5 of the Adult Protective Services Act.

3 (z) Records and information provided to a fatality

4 review team or the Illinois Fatality Review Team Advisory

5 Council under Section 15 of the Adult Protective Services

6 Act.

7 (aa) Information which is exempted from disclosure

8 under Section 2.37 of the Wildlife Code.

9 (bb) Information which is or was prohibited from

10 disclosure by the Juvenile Court Act of 1987.

11 (cc) Recordings made under the Law Enforcement

12 Officer-Worn Body Camera Act, except to the extent

13 authorized under that Act.

14 (dd) Information that is prohibited from being

15 disclosed under Section 45 of the Condominium and Common

16 Interest Community Ombudsperson Act.

17 (ee) Information that is exempted from disclosure

18 under Section 30.1 of the Pharmacy Practice Act.

19 (ff) Information that is exempted from disclosure

20 under the Revised Uniform Unclaimed Property Act.

21 (gg) Information that is prohibited from being

22 disclosed under Section 7-603.5 of the Illinois Vehicle

23 Code.

24 (hh) Records that are exempt from disclosure under

25 Section 1A-16.7 of the Election Code.

26 (ii) Information which is exempted from disclosure

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1 under Section 2505-800 of the Department of Revenue Law of

2 the Civil Administrative Code of Illinois.

3 (jj) Information and reports that are required to be

4 submitted to the Department of Labor by registering day and

5 temporary labor service agencies but are exempt from

6 disclosure under subsection (a-1) of Section 45 of the Day

7 and Temporary Labor Services Act.

8 (kk) Information prohibited from disclosure under the

9 Seizure and Forfeiture Reporting Act.

10 (ll) Information the disclosure of which is restricted

11 and exempted under Section 5-30.8 of the Illinois Public

12 Aid Code.

13 (mm) ~~(ll)~~ Records that are exempt from disclosure under

14 Section 4.2 of the Crime Victims Compensation Act.

15 (nn) ~~(ll)~~ Information that is exempt from disclosure

16 under Section 70 of the Higher Education Student Assistance

17 Act.

18 (oo) Data reported by an employer to the Department of

19 Human Rights pursuant to Section 2-108 of the Illinois

20 Human Rights Act.

21 (Source: P.A. 99-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352,

22 eff. 1-1-16; 99-642, eff. 7-28-16; 99-776, eff. 8-12-16;

23 99-863, eff. 8-19-16; 100-20, eff. 7-1-17; 100-22, eff. 1-1-18;

24 100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff.

25 8-28-17; 100-465, eff. 8-31-17; 100-512, eff. 7-1-18; 100-517,

26 eff. 6-1-18; 100-646, eff. 7-27-18; 100-690, eff. 1-1-19;

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1 100-863, eff. 8-14-18; 100-887, eff. 8-14-18; revised

2 10-12-18.)

3 Section 2-7. The Department of Professional Regulation Law

4 of the Civil Administrative Code of Illinois is amended by

5 changing Section 2105-15 as follows:

6 (20 ILCS 2105/2105-15)

7 Sec. 2105-15. General powers and duties.

8 (a) The Department has, subject to the provisions of the

9 Civil Administrative Code of Illinois, the following powers and

10 duties:

11 (1) To authorize examinations in English to ascertain

12 the qualifications and fitness of applicants to exercise

13 the profession, trade, or occupation for which the

14 examination is held.

15 (2) To prescribe rules and regulations for a fair and

16 wholly impartial method of examination of candidates to

17 exercise the respective professions, trades, or

18 occupations.

19 (3) To pass upon the qualifications of applicants for

20 licenses, certificates, and authorities, whether by

21 examination, by reciprocity, or by endorsement.

22 (4) To prescribe rules and regulations defining, for

23 the respective professions, trades, and occupations, what

24 shall constitute a school, college, or university, or

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1 department of a university, or other institution,

2 reputable and in good standing, and to determine the

3 reputability and good standing of a school, college, or

4 university, or department of a university, or other

5 institution, reputable and in good standing, by reference

6 to a compliance with those rules and regulations; provided,

7 that no school, college, or university, or department of a

8 university, or other institution that refuses admittance

9 to applicants solely on account of race, color, creed, sex,

10 sexual orientation, or national origin shall be considered

11 reputable and in good standing.

12 (5) To conduct hearings on proceedings to revoke,

13 suspend, refuse to renew, place on probationary status, or

14 take other disciplinary action as authorized in any

15 licensing Act administered by the Department with regard to

16 licenses, certificates, or authorities of persons

17 exercising the respective professions, trades, or

18 occupations and to revoke, suspend, refuse to renew, place

19 on probationary status, or take other disciplinary action

20 as authorized in any licensing Act administered by the

21 Department with regard to those licenses, certificates, or

22 authorities.

23 The Department shall issue a monthly disciplinary

24 report.

25 The Department shall refuse to issue or renew a license

26 to, or shall suspend or revoke a license of, any person

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1 who, after receiving notice, fails to comply with a

2 subpoena or warrant relating to a paternity or child

3 support proceeding. However, the Department may issue a

4 license or renewal upon compliance with the subpoena or

5 warrant.

6 The Department, without further process or hearings,

7 shall revoke, suspend, or deny any license or renewal

8 authorized by the Civil Administrative Code of Illinois to

9 a person who is certified by the Department of Healthcare

10 and Family Services (formerly Illinois Department of

11 Public Aid) as being more than 30 days delinquent in

12 complying with a child support order or who is certified by

13 a court as being in violation of the Non-Support Punishment

14 Act for more than 60 days. The Department may, however,

15 issue a license or renewal if the person has established a

16 satisfactory repayment record as determined by the

17 Department of Healthcare and Family Services (formerly

18 Illinois Department of Public Aid) or if the person is

19 determined by the court to be in compliance with the

20 Non-Support Punishment Act. The Department may implement

21 this paragraph as added by Public Act 89-6 through the use

22 of emergency rules in accordance with Section 5-45 of the

23 Illinois Administrative Procedure Act. For purposes of the

24 Illinois Administrative Procedure Act, the adoption of

25 rules to implement this paragraph shall be considered an

26 emergency and necessary for the public interest, safety,

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1 and welfare.

2 (6) To transfer jurisdiction of any realty under the

3 control of the Department to any other department of the

4 State Government or to acquire or accept federal lands when

5 the transfer, acquisition, or acceptance is advantageous

6 to the State and is approved in writing by the Governor.

7 (7) To formulate rules and regulations necessary for

8 the enforcement of any Act administered by the Department.

9 (8) To exchange with the Department of Healthcare and

10 Family Services information that may be necessary for the

11 enforcement of child support orders entered pursuant to the

12 Illinois Public Aid Code, the Illinois Marriage and

13 Dissolution of Marriage Act, the Non-Support of Spouse and

14 Children Act, the Non-Support Punishment Act, the Revised

15 Uniform Reciprocal Enforcement of Support Act, the Uniform

16 Interstate Family Support Act, the Illinois Parentage Act

17 of 1984, or the Illinois Parentage Act of 2015.

18 Notwithstanding any provisions in this Code to the

19 contrary, the Department of Professional Regulation shall

20 not be liable under any federal or State law to any person

21 for any disclosure of information to the Department of

22 Healthcare and Family Services (formerly Illinois

23 Department of Public Aid) under this paragraph (8) or for

24 any other action taken in good faith to comply with the

25 requirements of this paragraph (8).

26 (8.3) To exchange information with the Department of

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1 Human Rights regarding recommendations received under

2 paragraph (B) of Section 8-109 of the Illinois Human Rights

3 Act regarding a licensee or candidate for licensure who has

4 committed a civil rights violation that may lead to the

5 refusal, suspension, or revocation of a license from the

6 Department.

7 (8.5) To accept continuing education credit for

8 mandated reporter training on how to recognize and report

9 child abuse offered by the Department of Children and

10 Family Services and completed by any person who holds a

11 professional license issued by the Department and who is a

12 mandated reporter under the Abused and Neglected Child

13 Reporting Act. The Department shall adopt any rules

14 necessary to implement this paragraph.

15 (9) To perform other duties prescribed by law.

16 (a-5) Except in cases involving delinquency in complying

17 with a child support order or violation of the Non-Support

18 Punishment Act and notwithstanding anything that may appear in

19 any individual licensing Act or administrative rule, no person

20 or entity whose license, certificate, or authority has been

21 revoked as authorized in any licensing Act administered by the

22 Department may apply for restoration of that license,

23 certification, or authority until 3 years after the effective

24 date of the revocation.

25 (b) (Blank).

26 (c) For the purpose of securing and preparing evidence, and

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1 for the purchase of controlled substances, professional

2 services, and equipment necessary for enforcement activities,

3 recoupment of investigative costs, and other activities

4 directed at suppressing the misuse and abuse of controlled

5 substances, including those activities set forth in Sections

6 504 and 508 of the Illinois Controlled Substances Act, the

7 Director and agents appointed and authorized by the Director

8 may expend sums from the Professional Regulation Evidence Fund

9 that the Director deems necessary from the amounts appropriated

10 for that purpose. Those sums may be advanced to the agent when

11 the Director deems that procedure to be in the public interest.

12 Sums for the purchase of controlled substances, professional

13 services, and equipment necessary for enforcement activities

14 and other activities as set forth in this Section shall be

15 advanced to the agent who is to make the purchase from the

16 Professional Regulation Evidence Fund on vouchers signed by the

17 Director. The Director and those agents are authorized to

18 maintain one or more commercial checking accounts with any

19 State banking corporation or corporations organized under or

20 subject to the Illinois Banking Act for the deposit and

21 withdrawal of moneys to be used for the purposes set forth in

22 this Section; provided, that no check may be written nor any

23 withdrawal made from any such account except upon the written

24 signatures of 2 persons designated by the Director to write

25 those checks and make those withdrawals. Vouchers for those

26 expenditures must be signed by the Director. All such

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1 expenditures shall be audited by the Director, and the audit

2 shall be submitted to the Department of Central Management

3 Services for approval.

4 (d) Whenever the Department is authorized or required by

5 law to consider some aspect of criminal history record

6 information for the purpose of carrying out its statutory

7 powers and responsibilities, then, upon request and payment of

8 fees in conformance with the requirements of Section 2605-400

9 of the Department of State Police Law (20 ILCS 2605/2605-400),

10 the Department of State Police is authorized to furnish,

11 pursuant to positive identification, the information contained

12 in State files that is necessary to fulfill the request.

13 (e) The provisions of this Section do not apply to private

14 business and vocational schools as defined by Section 15 of the

15 Private Business and Vocational Schools Act of 2012.

16 (f) (Blank).

17 (f-5) Notwithstanding anything that may appear in any

18 individual licensing statute or administrative rule, the

19 Department shall allow an applicant to provide his or her

20 individual taxpayer identification number as an alternative to

21 providing a social security number when applying for a license.

22 (g) Notwithstanding anything that may appear in any

23 individual licensing statute or administrative rule, the

24 Department shall deny any license application or renewal

25 authorized under any licensing Act administered by the

26 Department to any person who has failed to file a return, or to

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1 pay the tax, penalty, or interest shown in a filed return, or

2 to pay any final assessment of tax, penalty, or interest, as

3 required by any tax Act administered by the Illinois Department

4 of Revenue, until such time as the requirement of any such tax

5 Act are satisfied; however, the Department may issue a license

6 or renewal if the person has established a satisfactory

7 repayment record as determined by the Illinois Department of

8 Revenue. For the purpose of this Section, "satisfactory

9 repayment record" shall be defined by rule.

10 In addition, a complaint filed with the Department by the

11 Illinois Department of Revenue that includes a certification,

12 signed by its Director or designee, attesting to the amount of

13 the unpaid tax liability or the years for which a return was

14 not filed, or both, is prima facie evidence of the licensee's

15 failure to comply with the tax laws administered by the

16 Illinois Department of Revenue. Upon receipt of that

17 certification, the Department shall, without a hearing,

18 immediately suspend all licenses held by the licensee.

19 Enforcement of the Department's order shall be stayed for 60

20 days. The Department shall provide notice of the suspension to

21 the licensee by mailing a copy of the Department's order to the

22 licensee's address of record or emailing a copy of the order to

23 the licensee's email address of record. The notice shall advise

24 the licensee that the suspension shall be effective 60 days

25 after the issuance of the Department's order unless the

26 Department receives, from the licensee, a request for a hearing

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1 before the Department to dispute the matters contained in the

2 order.

3 Any suspension imposed under this subsection (g) shall be

4 terminated by the Department upon notification from the

5 Illinois Department of Revenue that the licensee is in

6 compliance with all tax laws administered by the Illinois

7 Department of Revenue.

8 The Department may promulgate rules for the administration

9 of this subsection (g).

10 (h) The Department may grant the title "Retired", to be

11 used immediately adjacent to the title of a profession

12 regulated by the Department, to eligible retirees. For

13 individuals licensed under the Medical Practice Act of 1987,

14 the title "Retired" may be used in the profile required by the

15 Patients' Right to Know Act. The use of the title "Retired"

16 shall not constitute representation of current licensure,

17 registration, or certification. Any person without an active

18 license, registration, or certificate in a profession that

19 requires licensure, registration, or certification shall not

20 be permitted to practice that profession.

21 (i) The Department shall make available on its website

22 general information explaining how the Department utilizes

23 criminal history information in making licensure application

24 decisions, including a list of enumerated offenses that serve

25 as a statutory bar to licensure.

26 (Source: P.A. 99-85, eff. 1-1-16; 99-227, eff. 8-3-15; 99-330,

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1 eff. 8-10-15; 99-642, eff. 7-28-16; 99-933, eff. 1-27-17;

2 100-262, eff. 8-22-17; 100-863, eff. 8-14-18; 100-872, eff.

3 8-14-18; 100-883, eff. 8-14-18; 100-1078, eff. 1-1-19; revised

4 10-18-18.)

5 Section 2-10. The Uniform Arbitration Act is amended by

6 changing Section 1 as follows:

7 (710 ILCS 5/1) (from Ch. 10, par. 101)

8 Sec. 1. Validity of arbitration agreement. A written

9 agreement to submit any existing controversy to arbitration or

10 a provision in a written contract to submit to arbitration any

11 controversy thereafter arising between the parties is valid,

12 enforceable and irrevocable save upon such grounds as exist for

13 the revocation of any contract, including failure to comply

14 with the terms of the Workplace Transparency Act, except that

15 any agreement between a patient and a hospital or health care

16 provider to submit to binding arbitration a claim for damages

17 arising out of (1) injuries alleged to have been received by a

18 patient, or (2) death of a patient, due to hospital or health

19 care provider negligence or other wrongful act, but not

20 including intentional torts, is also subject to the Health Care

21 Arbitration Act.

22 (Source: P.A. 80-1012; 80-1031.)

23 Section 2-15. The Illinois Human Rights Act is amended by

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1 changing Sections 1-103, 2-101, 2-102, 7-109.1, 7A-102, and

2 8-109 and by adding Sections 2-108, 2-109, 2-110, and 8-109.1

3 as follows:

4 (775 ILCS 5/1-103) (from Ch. 68, par. 1-103)

5 Sec. 1-103. General definitions. When used in this Act,

6 unless the context requires otherwise, the term:

7 (A) Age. "Age" means the chronological age of a person who

8 is at least 40 years old, except with regard to any practice

9 described in Section 2-102, insofar as that practice concerns

10 training or apprenticeship programs. In the case of training or

11 apprenticeship programs, for the purposes of Section 2-102,

12 "age" means the chronological age of a person who is 18 but not

13 yet 40 years old.

14 (B) Aggrieved party. "Aggrieved party" means a person who

15 is alleged or proved to have been injured by a civil rights

16 violation or believes he or she will be injured by a civil

17 rights violation under Article 3 that is about to occur.

18 (C) Charge. "Charge" means an allegation filed with the

19 Department by an aggrieved party or initiated by the Department

20 under its authority.

21 (D) Civil rights violation. "Civil rights violation"

22 includes and shall be limited to only those specific acts set

23 forth in Sections 2-102, 2-103, 2-105, 3-102, 3-102.1, 3-103,

24 3-104, 3-104.1, 3-105, 3-105.1, 4-102, 4-103, 5-102, 5A-102,

25 6-101, and 6-102 of this Act.

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1 (E) Commission. "Commission" means the Human Rights

2 Commission created by this Act.

3 (F) Complaint. "Complaint" means the formal pleading filed

4 by the Department with the Commission following an

5 investigation and finding of substantial evidence of a civil

6 rights violation.

7 (G) Complainant. "Complainant" means a person including

8 the Department who files a charge of civil rights violation

9 with the Department or the Commission.

10 (H) Department. "Department" means the Department of Human

11 Rights created by this Act.

12 (I) Disability. "Disability" means a determinable physical

13 or mental characteristic of a person, including, but not

14 limited to, a determinable physical characteristic which

15 necessitates the person's use of a guide, hearing or support

16 dog, the history of such characteristic, or the perception of

17 such characteristic by the person complained against, which may

18 result from disease, injury, congenital condition of birth or

19 functional disorder and which characteristic:

20 (1) For purposes of Article 2, is unrelated to the

21 person's ability to perform the duties of a particular job

22 or position and, pursuant to Section 2-104 of this Act, a

23 person's illegal use of drugs or alcohol is not a

24 disability;

25 (2) For purposes of Article 3, is unrelated to the

26 person's ability to acquire, rent, or maintain a housing

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1 accommodation;

2 (3) For purposes of Article 4, is unrelated to a

3 person's ability to repay;

4 (4) For purposes of Article 5, is unrelated to a

5 person's ability to utilize and benefit from a place of

6 public accommodation;

7 (5) For purposes of Article 5, also includes any

8 mental, psychological, or developmental disability,

9 including autism spectrum disorders.

10 (J) Marital status. "Marital status" means the legal status

11 of being married, single, separated, divorced,or widowed.

12 (J-1) Military status. "Military status" means a person's

13 status on active duty in or status as a veteran of the armed

14 forces of the United States, status as a current member or

15 veteran of any reserve component of the armed forces of the

16 United States, including the United States Army Reserve, United

17 States Marine Corps Reserve, United States Navy Reserve, United

18 States Air Force Reserve, and United States Coast Guard

19 Reserve, or status as a current member or veteran of the

20 Illinois Army National Guard or Illinois Air National Guard.

21 (K) National origin. "National origin" means the place in

22 which a person or one of his or her ancestors was born.

23 (K-5) "Order of protection status" means a person's status

24 as being a person protected under an order of protection issued

25 pursuant to the Illinois Domestic Violence Act of 1986, Article

26 112A of the Code of Criminal Procedure of 1963, the Stalking No

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1 Contact Order Act, or the Civil No Contact Order Act, or an

2 order of protection issued by a court of another state.

3 (L) Person. "Person" includes one or more individuals,

4 partnerships, associations or organizations, labor

5 organizations, labor unions, joint apprenticeship committees,

6 or union labor associations, corporations, the State of

7 Illinois and its instrumentalities, political subdivisions,

8 units of local government, legal representatives, trustees in

9 bankruptcy or receivers.

10 (L-5) Pregnancy. "Pregnancy" means pregnancy, childbirth,

11 or medical or common conditions related to pregnancy or

12 childbirth.

13 (M) Public contract. "Public contract" includes every

14 contract to which the State, any of its political subdivisions,

15 or any municipal corporation is a party.

16 (N) Religion. "Religion" includes all aspects of religious

17 observance and practice, as well as belief, except that with

18 respect to employers, for the purposes of Article 2, "religion"

19 has the meaning ascribed to it in paragraph (F) of Section

20 2-101.

21 (O) Sex. "Sex" means the status of being male or female.

22 (O-1) Sexual orientation. "Sexual orientation" means

23 actual or perceived heterosexuality, homosexuality,

24 bisexuality, or gender-related identity, whether or not

25 traditionally associated with the person's designated sex at

26 birth. "Sexual orientation" does not include a physical or

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1 sexual attraction to a minor by an adult.

2 (P) Unfavorable military discharge. "Unfavorable military

3 discharge" includes discharges from the Armed Forces of the

4 United States, their Reserve components, or any National Guard

5 or Naval Militia which are classified as RE-3 or the equivalent

6 thereof, but does not include those characterized as RE-4 or

7 "Dishonorable".

8 (Q) Unlawful discrimination. "Unlawful discrimination"

9 means discrimination against a person because of his or her

10 actual or perceived:race, color, religion, national origin,

11 ancestry, age, sex, marital status, order of protection status,

12 disability, military status, sexual orientation, pregnancy, or

13 unfavorable discharge from military service as those terms are

14 defined in this Section.

15 (Source: P.A. 100-714, eff. 1-1-19; revised 10-4-18.)

16 (775 ILCS 5/2-101) (from Ch. 68, par. 2-101)

17 Sec. 2-101. Definitions. The following definitions are

18 applicable strictly in the context of this Article.

19 (A) Employee.

20 (1) "Employee" includes:

21 (a) Any individual performing services for

22 remuneration within this State for an employer;

23 (b) An apprentice;

24 (c) An applicant for any apprenticeship.

25 For purposes of subsection (D) of Section 2-102 of this

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1 Act, "employee" also includes an unpaid intern. An unpaid

2 intern is a person who performs work for an employer under

3 the following circumstances:

4 (i) the employer is not committed to hiring the

5 person performing the work at the conclusion of the

6 intern's tenure;

7 (ii) the employer and the person performing the

8 work agree that the person is not entitled to wages for

9 the work performed; and

10 (iii) the work performed:

11 (I) supplements training given in an

12 educational environment that may enhance the

13 employability of the intern;

14 (II) provides experience for the benefit of

15 the person performing the work;

16 (III) does not displace regular employees;

17 (IV) is performed under the close supervision

18 of existing staff; and

19 (V) provides no immediate advantage to the

20 employer providing the training and may

21 occasionally impede the operations of the

22 employer.

23 (2) "Employee" does not include:

24 (a) (Blank);

25 (b) Individuals employed by persons who are not

26 "employers" as defined by this Act;

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1 (c) Elected public officials or the members of

2 their immediate personal staffs;

3 (d) Principal administrative officers of the State

4 or of any political subdivision, municipal corporation

5 or other governmental unit or agency;

6 (e) A person in a vocational rehabilitation

7 facility certified under federal law who has been

8 designated an evaluee, trainee, or work activity

9 client.

10 (B) Employer.

11 (1) "Employer" includes:

12 (a) Any person employing 15 or more employees

13 within Illinois during 20 or more calendar weeks within

14 the calendar year of or preceding the alleged

15 violation;

16 (b) Any person employing one or more employees when

17 a complainant alleges civil rights violation due to

18 unlawful discrimination based upon his or her physical

19 or mental disability unrelated to ability, pregnancy,

20 or sexual harassment;

21 (c) The State and any political subdivision,

22 municipal corporation or other governmental unit or

23 agency, without regard to the number of employees;

24 (d) Any party to a public contract without regard

25 to the number of employees;

26 (e) A joint apprenticeship or training committee

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1 without regard to the number of employees.

2 (2) "Employer" does not include any religious

3 corporation, association, educational institution,

4 society, or non-profit nursing institution conducted by

5 and for those who rely upon treatment by prayer through

6 spiritual means in accordance with the tenets of a

7 recognized church or religious denomination with respect

8 to the employment of individuals of a particular religion

9 to perform work connected with the carrying on by such

10 corporation, association, educational institution, society

11 or non-profit nursing institution of its activities.

12 (C) Employment Agency. "Employment Agency" includes both

13 public and private employment agencies and any person, labor

14 organization, or labor union having a hiring hall or hiring

15 office regularly undertaking, with or without compensation, to

16 procure opportunities to work, or to procure, recruit, refer or

17 place employees.

18 (D) Labor Organization. "Labor Organization" includes any

19 organization, labor union, craft union, or any voluntary

20 unincorporated association designed to further the cause of the

21 rights of union labor which is constituted for the purpose, in

22 whole or in part, of collective bargaining or of dealing with

23 employers concerning grievances, terms or conditions of

24 employment, or apprenticeships or applications for

25 apprenticeships, or of other mutual aid or protection in

26 connection with employment, including apprenticeships or

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1 applications for apprenticeships.

2 (E) Sexual Harassment. "Sexual harassment" means any

3 unwelcome sexual advances or requests for sexual favors or any

4 conduct of a sexual nature when (1) submission to such conduct

5 is made either explicitly or implicitly a term or condition of

6 an individual's employment, (2) submission to or rejection of

7 such conduct by an individual is used as the basis for

8 employment decisions affecting such individual, or (3) such

9 conduct has the purpose or effect of substantially interfering

10 with an individual's work performance or creating an

11 intimidating, hostile or offensive working environment.

12 For purposes of this definition, the phrase "working

13 environment" is not limited to a physical location an employee

14 is assigned to perform his or her duties.

15 (E-1) Harassment. "Harassment" means any unwelcome conduct

16 on the basis of an individual's actual or perceived race,

17 color, religion, national origin, ancestry, age, sex, marital

18 status, order of protection status, disability, military

19 status, sexual orientation, pregnancy, unfavorable discharge

20 from military service, or citizenship status that has the

21 purpose or effect of substantially interfering with the

22 individual's work performance or creating an intimidating,

23 hostile, or offensive working environment. For purposes of this

24 definition, the phrase "working environment" is not limited to

25 a physical location an employee is assigned to perform his or

26 her duties.

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1 (F) Religion. "Religion" with respect to employers

2 includes all aspects of religious observance and practice, as

3 well as belief, unless an employer demonstrates that he is

4 unable to reasonably accommodate an employee's or prospective

5 employee's religious observance or practice without undue

6 hardship on the conduct of the employer's business.

7 (G) Public Employer. "Public employer" means the State, an

8 agency or department thereof, unit of local government, school

9 district, instrumentality or political subdivision.

10 (H) Public Employee. "Public employee" means an employee of

11 the State, agency or department thereof, unit of local

12 government, school district, instrumentality or political

13 subdivision. "Public employee" does not include public

14 officers or employees of the General Assembly or agencies

15 thereof.

16 (I) Public Officer. "Public officer" means a person who is

17 elected to office pursuant to the Constitution or a statute or

18 ordinance, or who is appointed to an office which is

19 established, and the qualifications and duties of which are

20 prescribed, by the Constitution or a statute or ordinance, to

21 discharge a public duty for the State, agency or department

22 thereof, unit of local government, school district,

23 instrumentality or political subdivision.

24 (J) Eligible Bidder. "Eligible bidder" means a person who,

25 prior to contract award or prior to bid opening for State

26 contracts for construction or construction-related services,

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1 has filed with the Department a properly completed, sworn and

2 currently valid employer report form, pursuant to the

3 Department's regulations. The provisions of this Article

4 relating to eligible bidders apply only to bids on contracts

5 with the State and its departments, agencies, boards, and

6 commissions, and the provisions do not apply to bids on

7 contracts with units of local government or school districts.

8 (K) Citizenship Status. "Citizenship status" means the

9 status of being:

10 (1) a born U.S. citizen;

11 (2) a naturalized U.S. citizen;

12 (3) a U.S. national; or

13 (4) a person born outside the United States and not a

14 U.S. citizen who is not an unauthorized alien and who is

15 protected from discrimination under the provisions of

16 Section 1324b of Title 8 of the United States Code, as now

17 or hereafter amended.

18 (Source: P.A. 99-78, eff. 7-20-15; 99-758, eff. 1-1-17; 100-43,

19 eff. 8-9-17.)

20 (775 ILCS 5/2-102) (from Ch. 68, par. 2-102)

21 Sec. 2-102. Civil rights violations - employment. It is a

22 civil rights violation:

23 (A) Employers. For any employer to refuse to hire, to

24 segregate, to engage in harassment as defined in subsection

25 (E-1) of Section 2-101,or to act with respect to

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1 recruitment, hiring, promotion, renewal of employment,

2 selection for training or apprenticeship, discharge,

3 discipline, tenure or terms, privileges or conditions of

4 employment on the basis of unlawful discrimination or

5 citizenship status. An employer is responsible for

6 harassment by the employer's nonmanagerial and

7 nonsupervisory employees only if the employer becomes

8 aware of the conduct and fails to take reasonable

9 corrective measures.

10 (A-5) Language. For an employer to impose a restriction

11 that has the effect of prohibiting a language from being

12 spoken by an employee in communications that are unrelated

13 to the employee's duties.

14 For the purposes of this subdivision (A-5), "language"

15 means a person's native tongue, such as Polish, Spanish, or

16 Chinese. "Language" does not include such things as slang,

17 jargon, profanity, or vulgarity.

18 (A-10) Harassment of nonemployees. For any employer,

19 employment agency, or labor organization to engage in

20 harassment of nonemployees in the workplace. An employer is

21 responsible for harassment of nonemployees by the

22 employer's nonmanagerial and nonsupervisory employees only

23 if the employer becomes aware of the conduct and fails to

24 take reasonable corrective measures. For the purposes of

25 this subdivision (A-10), "nonemployee" means a person who

26 is not otherwise an employee of the employer and is

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1 directly performing services for the employer pursuant to a

2 contract with that employer. "Nonemployee" includes

3 contractors and consultants. This subdivision applies to

4 harassment occurring on or after the effective date of this

5 amendatory Act of the 101st General Assembly.

6 (B) Employment agency. For any employment agency to

7 fail or refuse to classify properly, accept applications

8 and register for employment referral or apprenticeship

9 referral, refer for employment, or refer for

10 apprenticeship on the basis of unlawful discrimination or

11 citizenship status or to accept from any person any job

12 order, requisition or request for referral of applicants

13 for employment or apprenticeship which makes or has the

14 effect of making unlawful discrimination or discrimination

15 on the basis of citizenship status a condition of referral.

16 (C) Labor organization. For any labor organization to

17 limit, segregate or classify its membership, or to limit

18 employment opportunities, selection and training for

19 apprenticeship in any trade or craft, or otherwise to take,

20 or fail to take, any action which affects adversely any

21 person's status as an employee or as an applicant for

22 employment or as an apprentice, or as an applicant for

23 apprenticeships, or wages, tenure, hours of employment or

24 apprenticeship conditions on the basis of unlawful

25 discrimination or citizenship status.

26 (D) Sexual harassment. For any employer, employee,

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1 agent of any employer, employment agency or labor

2 organization to engage in sexual harassment; provided,

3 that an employer shall be responsible for sexual harassment

4 of the employer's employees by nonemployees or

5 nonmanagerial and nonsupervisory employees only if the

6 employer becomes aware of the conduct and fails to take

7 reasonable corrective measures.

8 (D-5) Sexual harassment of nonemployees. For any

9 employer, employee, agent of any employer, employment

10 agency, or labor organization to engage in sexual

11 harassment of nonemployees in the workplace. An employer is

12 responsible for sexual harassment of nonemployees by the

13 employer's nonmanagerial and nonsupervisory employees only

14 if the employer becomes aware of the conduct and fails to

15 take reasonable corrective measures. For the purposes of

16 this subdivision (D-5), "nonemployee" means a person who is

17 not otherwise an employee of the employer and is directly

18 performing services for the employer pursuant to a contract

19 with that employer. "Nonemployee" includes contractors and

20 consultants. This subdivision applies to sexual harassment

21 occurring on or after the effective date of this amendatory

22 Act of the 101st General Assembly.

23 (E) Public employers. For any public employer to refuse

24 to permit a public employee under its jurisdiction who

25 takes time off from work in order to practice his or her

26 religious beliefs to engage in work, during hours other

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1 than such employee's regular working hours, consistent

2 with the operational needs of the employer and in order to

3 compensate for work time lost for such religious reasons.

4 Any employee who elects such deferred work shall be

5 compensated at the wage rate which he or she would have

6 earned during the originally scheduled work period. The

7 employer may require that an employee who plans to take

8 time off from work in order to practice his or her

9 religious beliefs provide the employer with a notice of his

10 or her intention to be absent from work not exceeding 5

11 days prior to the date of absence.

12 (E-5) Religious discrimination. For any employer to

13 impose upon a person as a condition of obtaining or

14 retaining employment, including opportunities for

15 promotion, advancement, or transfer, any terms or

16 conditions that would require such person to violate or

17 forgo a sincerely held practice of his or her religion

18 including, but not limited to, the wearing of any attire,

19 clothing, or facial hair in accordance with the

20 requirements of his or her religion, unless, after engaging

21 in a bona fide effort, the employer demonstrates that it is

22 unable to reasonably accommodate the employee's or

23 prospective employee's sincerely held religious belief,

24 practice, or observance without undue hardship on the

25 conduct of the employer's business.

26 Nothing in this Section prohibits an employer from

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1 enacting a dress code or grooming policy that may include

2 restrictions on attire, clothing, or facial hair to

3 maintain workplace safety or food sanitation.

4 (F) Training and apprenticeship programs. For any

5 employer, employment agency or labor organization to

6 discriminate against a person on the basis of age in the

7 selection, referral for or conduct of apprenticeship or

8 training programs.

9 (G) Immigration-related practices.

10 (1) for an employer to request for purposes of

11 satisfying the requirements of Section 1324a(b) of

12 Title 8 of the United States Code, as now or hereafter

13 amended, more or different documents than are required

14 under such Section or to refuse to honor documents

15 tendered that on their face reasonably appear to be

16 genuine; or

17 (2) for an employer participating in the E-Verify

18 Program, as authorized by 8 U.S.C. 1324a, Notes, Pilot

19 Programs for Employment Eligibility Confirmation

20 (enacted by PL 104-208, div. C title IV, subtitle A) to

21 refuse to hire, to segregate, or to act with respect to

22 recruitment, hiring, promotion, renewal of employment,

23 selection for training or apprenticeship, discharge,

24 discipline, tenure or terms, privileges or conditions

25 of employment without following the procedures under

26 the E-Verify Program.

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1 (H) (Blank).

2 (I) Pregnancy. For an employer to refuse to hire, to

3 segregate, or to act with respect to recruitment, hiring,

4 promotion, renewal of employment, selection for training

5 or apprenticeship, discharge, discipline, tenure or terms,

6 privileges or conditions of employment on the basis of

7 pregnancy, childbirth, or medical or common conditions

8 related to pregnancy or childbirth. Women affected by

9 pregnancy, childbirth, or medical or common conditions

10 related to pregnancy or childbirth shall be treated the

11 same for all employment-related purposes, including

12 receipt of benefits under fringe benefit programs, as other

13 persons not so affected but similar in their ability or

14 inability to work, regardless of the source of the

15 inability to work or employment classification or status.

16 (J) Pregnancy; reasonable accommodations.

17 (1) If after a job applicant or employee, including

18 a part-time, full-time, or probationary employee,

19 requests a reasonable accommodation, for an employer

20 to not make reasonable accommodations for any medical

21 or common condition of a job applicant or employee

22 related to pregnancy or childbirth, unless the

23 employer can demonstrate that the accommodation would

24 impose an undue hardship on the ordinary operation of

25 the business of the employer. The employer may request

26 documentation from the employee's health care provider

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1 concerning the need for the requested reasonable

2 accommodation or accommodations to the same extent

3 documentation is requested for conditions related to

4 disability if the employer's request for documentation

5 is job-related and consistent with business necessity.

6 The employer may require only the medical

7 justification for the requested accommodation or

8 accommodations, a description of the reasonable

9 accommodation or accommodations medically advisable,

10 the date the reasonable accommodation or

11 accommodations became medically advisable, and the

12 probable duration of the reasonable accommodation or

13 accommodations. It is the duty of the individual

14 seeking a reasonable accommodation or accommodations

15 to submit to the employer any documentation that is

16 requested in accordance with this paragraph.

17 Notwithstanding the provisions of this paragraph, the

18 employer may require documentation by the employee's

19 health care provider to determine compliance with

20 other laws. The employee and employer shall engage in a

21 timely, good faith, and meaningful exchange to

22 determine effective reasonable accommodations.

23 (2) For an employer to deny employment

24 opportunities or benefits to or take adverse action

25 against an otherwise qualified job applicant or

26 employee, including a part-time, full-time, or

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1 probationary employee, if the denial or adverse action

2 is based on the need of the employer to make reasonable

3 accommodations to the known medical or common

4 conditions related to the pregnancy or childbirth of

5 the applicant or employee.

6 (3) For an employer to require a job applicant or

7 employee, including a part-time, full-time, or

8 probationary employee, affected by pregnancy,

9 childbirth, or medical or common conditions related to

10 pregnancy or childbirth to accept an accommodation

11 when the applicant or employee did not request an

12 accommodation and the applicant or employee chooses

13 not to accept the employer's accommodation.

14 (4) For an employer to require an employee,

15 including a part-time, full-time, or probationary

16 employee, to take leave under any leave law or policy

17 of the employer if another reasonable accommodation

18 can be provided to the known medical or common

19 conditions related to the pregnancy or childbirth of an

20 employee. No employer shall fail or refuse to reinstate

21 the employee affected by pregnancy, childbirth, or

22 medical or common conditions related to pregnancy or

23 childbirth to her original job or to an equivalent

24 position with equivalent pay and accumulated

25 seniority, retirement, fringe benefits, and other

26 applicable service credits upon her signifying her

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1 intent to return or when her need for reasonable

2 accommodation ceases, unless the employer can

3 demonstrate that the accommodation would impose an

4 undue hardship on the ordinary operation of the

5 business of the employer.

6 For the purposes of this subdivision (J), "reasonable

7 accommodations" means reasonable modifications or

8 adjustments to the job application process or work

9 environment, or to the manner or circumstances under which

10 the position desired or held is customarily performed, that

11 enable an applicant or employee affected by pregnancy,

12 childbirth, or medical or common conditions related to

13 pregnancy or childbirth to be considered for the position

14 the applicant desires or to perform the essential functions

15 of that position, and may include, but is not limited to:

16 more frequent or longer bathroom breaks, breaks for

17 increased water intake, and breaks for periodic rest;

18 private non-bathroom space for expressing breast milk and

19 breastfeeding; seating; assistance with manual labor;

20 light duty; temporary transfer to a less strenuous or

21 hazardous position; the provision of an accessible

22 worksite; acquisition or modification of equipment; job

23 restructuring; a part-time or modified work schedule;

24 appropriate adjustment or modifications of examinations,

25 training materials, or policies; reassignment to a vacant

26 position; time off to recover from conditions related to

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1 childbirth; and leave necessitated by pregnancy,

2 childbirth, or medical or common conditions resulting from

3 pregnancy or childbirth.

4 For the purposes of this subdivision (J), "undue

5 hardship" means an action that is prohibitively expensive

6 or disruptive when considered in light of the following

7 factors: (i) the nature and cost of the accommodation

8 needed; (ii) the overall financial resources of the

9 facility or facilities involved in the provision of the

10 reasonable accommodation, the number of persons employed

11 at the facility, the effect on expenses and resources, or

12 the impact otherwise of the accommodation upon the

13 operation of the facility; (iii) the overall financial

14 resources of the employer, the overall size of the business

15 of the employer with respect to the number of its

16 employees, and the number, type, and location of its

17 facilities; and (iv) the type of operation or operations of

18 the employer, including the composition, structure, and

19 functions of the workforce of the employer, the geographic

20 separateness, administrative, or fiscal relationship of

21 the facility or facilities in question to the employer. The

22 employer has the burden of proving undue hardship. The fact

23 that the employer provides or would be required to provide

24 a similar accommodation to similarly situated employees

25 creates a rebuttable presumption that the accommodation

26 does not impose an undue hardship on the employer.

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1 No employer is required by this subdivision (J) to

2 create additional employment that the employer would not

3 otherwise have created, unless the employer does so or

4 would do so for other classes of employees who need

5 accommodation. The employer is not required to discharge

6 any employee, transfer any employee with more seniority, or

7 promote any employee who is not qualified to perform the

8 job, unless the employer does so or would do so to

9 accommodate other classes of employees who need it.

10 (K) Notice.

11 (1) For an employer to fail to post or keep posted

12 in a conspicuous location on the premises of the

13 employer where notices to employees are customarily

14 posted, or fail to include in any employee handbook

15 information concerning an employee's rights under this

16 Article, a notice, to be prepared or approved by the

17 Department, summarizing the requirements of this

18 Article and information pertaining to the filing of a

19 charge, including the right to be free from unlawful

20 discrimination, the right to be free from sexual

21 harassment, and the right to certain reasonable

22 accommodations. The Department shall make the

23 documents required under this paragraph available for

24 retrieval from the Department's website.

25 (2) Upon notification of a violation of paragraph

26 (1) of this subdivision (K), the Department may launch

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1 a preliminary investigation. If the Department finds a

2 violation, the Department may issue a notice to show

3 cause giving the employer 30 days to correct the

4 violation. If the violation is not corrected, the

5 Department may initiate a charge of a civil rights

6 violation.

7 (Source: P.A. 100-100, eff. 8-11-17; 100-588, eff. 6-8-18.)

8 (775 ILCS 5/2-108 new)

9 Sec. 2-108. Employer disclosure requirements.

10 (A) Definitions. The following definitions are applicable

11 strictly to this Section:

12 (1) "Employer" means:

13 (a) any person employing one or more employees

14 within this State;

15 (b) a labor organization; or

16 (c) the State and any political subdivision,

17 municipal corporation, or other governmental unit or

18 agency, without regard to the number of employees.

19 (2) "Settlement" means any written commitment or

20 written agreement, including any agreed judgment,

21 stipulation, decree, agreement to settle, assurance of

22 discontinuance, or otherwise between an employee, as

23 defined by subsection (A) of Section 2-101, or a

24 nonemployee to whom an employer owes a duty under this Act

25 pursuant to (A-10) or (D-5) of Section 2-102, and an

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1 employer under which the employer directly or indirectly

2 provides to an individual compensation or other

3 consideration due to an allegation that the individual has

4 been a victim of sexual harassment or unlawful

5 discrimination under this Act.

6 (3) "Adverse judgment or administrative ruling" means

7 any final and non-appealable adverse judgment or final and

8 non-appealable administrative ruling entered in favor of

9 an employee as defined by subsection (A) of Section 2-101

10 or a nonemployee to whom an employer owes a duty under this

11 Act pursuant to (A-10) or (D-5) of Section 2-102, and

12 against the employer during the preceding year in which

13 there was a finding of sexual harassment or unlawful

14 discrimination brought under this Act, Title VII of the

15 Civil Rights Act of 1964, or any other federal, State, or

16 local law prohibiting sexual harassment or unlawful

17 discrimination.

18 (B) Required disclosures. Beginning July 1, 2020, and by

19 each July 1 thereafter, each employer that had an adverse

20 judgment or administrative ruling against it in the preceding

21 calendar year, as provided in this Section, shall disclose

22 annually to the Department of Human Rights the following

23 information:

24 (1) the total number of adverse judgments or

25 administrative rulings during the preceding year;

26 (2) whether any equitable relief was ordered against

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1 the employer in any adverse judgment or administrative

2 ruling described in paragraph (1);

3 (3) how many adverse judgments or administrative

4 rulings described in paragraph (1) are in each of the

5 following categories:

6 (a) sexual harassment;

7 (b) discrimination or harassment on the basis of

8 sex;

9 (c) discrimination or harassment on the basis of

10 race, color, or national origin;

11 (d) discrimination or harassment on the basis of

12 religion;

13 (e) discrimination or harassment on the basis of

14 age;

15 (f) discrimination or harassment on the basis of

16 disability;

17 (g) discrimination or harassment on the basis of

18 military status or unfavorable discharge from military

19 status;

20 (h) discrimination or harassment on the basis of

21 sexual orientation or gender identity; and

22 (i) discrimination or harassment on the basis of

23 any other characteristic protected under this Act;

24 (C) Settlements. If the Department is investigating a

25 charge filed pursuant to this Act, the Department may request

26 the employer responding to the charge to submit the total

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1 number of settlements entered into during the preceding 5

2 years, or less at the direction of the Department, that relate

3 to any alleged act of sexual harassment or unlawful

4 discrimination that:

5 (1) occurred in the workplace of the employer; or

6 (2) involved the behavior of an employee of the

7 employer or a corporate executive of the employer, without

8 regard to whether that behavior occurred in the workplace

9 of the employer.

10 The total number of settlements entered into during the

11 requested period shall be reported along with how many

12 settlements are in each of the following categories, when

13 requested by the Department pursuant to this subsection:

14 (a) sexual harassment;

15 (b) discrimination or harassment on the basis of sex;

16 (c) discrimination or harassment on the basis of race,

17 color, or national origin;

18 (d) discrimination or harassment on the basis of

19 religion;

20 (e) discrimination or harassment on the basis of age;

21 (f) discrimination or harassment on the basis of

22 disability;

23 (g) discrimination or harassment on the basis of

24 military status or unfavorable discharge from military

25 status;

26 (h) discrimination or harassment on the basis of sexual

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1 orientation or gender identity; and

2 (i) discrimination or harassment on the basis of any

3 other characteristic protected under this Act;

4 The Department shall not rely on the existence of any

5 settlement agreement to support a finding of substantial

6 evidence under this Act.

7 (D) Prohibited disclosures. An employer may not disclose

8 the name of a victim of an act of alleged sexual harassment or

9 unlawful discrimination in any disclosures required under this

10 Section.

11 (E) Annual report. The Department shall publish an annual

12 report aggregating the information reported by employers under

13 subsection (B) of this Section such that no individual employer

14 data is available to the public. The report shall include the

15 number of adverse judgments or administrative rulings filed

16 during the preceding calendar year based on each of the

17 protected classes identified by this Act.

18 The report shall be filed with the General Assembly and

19 made available to the public by December 31 of each reporting

20 year. Data submitted by an employer to comply with this Section

21 is confidential and exempt from the Freedom of Information Act.

22 (F) Failure to report and penalties. If an employer fails

23 to make any disclosures required under this Section, the

24 Department shall issue a notice to show cause giving the

25 employer 30 days to disclose the required information. If the

26 employer does not make the required disclosures within 30 days,

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1 the Department shall petition the Illinois Human Rights

2 Commission for entry of an order imposing a civil penalty

3 against the employer pursuant to Section 8-109.1. The civil

4 penalty shall be paid into the Department of Human Rights'

5 Training and Development Fund.

6 (G) Rules. The Department shall adopt any rules it deems

7 necessary for implementation of this Section.

8 (H) This Section is repealed on January 1, 2030.

9 (775 ILCS 5/2-109 new)

10 Sec. 2-109. Sexual harassment prevention training.

11 (A) The General Assembly finds that the organizational

12 tolerance of sexual harassment has a detrimental influence in

13 workplaces by creating a hostile environment for employees,

14 reducing productivity, and increasing legal liability. It is

15 the General Assembly's intent to encourage employers to adopt

16 and actively implement policies to ensure their workplaces are

17 safe for employees to report concerns about sexual harassment

18 without fear of retaliation, loss of status, or loss of

19 promotional opportunities.

20 (B) The Department shall produce a model sexual harassment

21 prevention training program aimed at the prevention of sexual

22 harassment in the workplace. The model program shall be made

23 available to employers and to the public online at no cost.

24 This model program shall include, at a minimum, the following:

25 (1) an explanation of sexual harassment consistent

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1 with this Act;

2 (2) examples of conduct that constitutes unlawful

3 sexual harassment;

4 (3) a summary of relevant federal and State statutory

5 provisions concerning sexual harassment, including

6 remedies available to victims of sexual harassment; and

7 (4) a summary of responsibilities of employers in the

8 prevention, investigation, and corrective measures of

9 sexual harassment.

10 (C) Except for those employers subject to the requirements

11 of Section 5-10.5 of the State Officials and Employees Ethics

12 Act, every employer with employees working in this State shall

13 use the model sexual harassment prevention training program

14 created by the Department or establish its own sexual

15 harassment prevention training program that equals or exceeds

16 the minimum standards in subsection (B). The sexual harassment

17 prevention training shall be provided at least once a year to

18 all employees. For the purposes of satisfying the requirements

19 under this Section, the Department's model sexual harassment

20 prevention training program may be used to supplement any

21 existing program an employer is utilizing or develops.

22 (D) If an employer violates this Section, the Department

23 shall issue a notice to show cause giving the employer 30 days

24 to comply. If the employer does not comply within 30 days, the

25 Department shall petition the Human Rights Commission for entry

26 of an order imposing a civil penalty against the employer

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1 pursuant to Section 8-109.1. The civil penalty shall be paid

2 into the Department of Human Rights Training and Development

3 Fund.

4 (775 ILCS 5/2-110 new)

5 Sec. 2-110. Restaurants and bars; sexual harassment

6 prevention.

7 (A) As used in this Section:

8 "Bar" means an establishment that is devoted to the serving

9 of alcoholic beverages for consumption by guests on the

10 premises and that derives no more than 10% of its gross revenue

11 from the sale of food consumed on the premises, including, but

12 not limited to, taverns, nightclubs, cocktail lounges, adult

13 entertainment facilities, and cabarets.

14 "Manager" means a person responsible for the hiring and

15 firing of employees, including, but not limited to, a general

16 manager, owner, head chef, or other non-tipped employee with

17 duties managing the operation, inventory, safety, and

18 personnel of a restaurant or bar.

19 "Restaurant" means any business that is primarily engaged

20 in the sale of ready-to-eat food for immediate consumption,

21 including, but not limited to, restaurants, coffee shops,

22 cafeterias, and sandwich stands that give or offer for sale

23 food to the public, guests, or employees, and kitchen or

24 catering facilities in which food is prepared on the premises

25 for serving elsewhere.

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1 (B) Every restaurant and bar operating in this State must

2 have a sexual harassment policy provided to all employees, in

3 writing, within the first calendar week of the employee's

4 employment. The policy shall include:

5 (1) a prohibition on sexual harassment;

6 (2) the definition of sexual harassment under the

7 Illinois Human Rights Act and Title VII of the Civil Rights

8 Act of 1964;

9 (3) details on how an individual can report an

10 allegation of sexual harassment internally, including

11 options for making a confidential report to a manager,

12 owner, corporate headquarters, human resources department,

13 or other internal reporting mechanism that may be

14 available;

15 (4) an explanation of the internal complaint process

16 available to employees;

17 (5) how to contact and file a charge with the Illinois

18 Department of Human Rights and United States Equal

19 Employment Opportunity Commission;

20 (6) a prohibition on retaliation for reporting sexual

21 harassment allegations; and

22 (7) a requirement that all employees participate in

23 sexual harassment prevention training.

24 The policy shall be made available in English and Spanish.

25 (C) In addition to the model sexual harassment prevention

26 training program produced by the Department in Section 2-109,

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1 the Department shall develop a supplemental model training

2 program in consultation with industry professionals

3 specifically aimed at the prevention of sexual harassment in

4 the restaurant and bar industry. The supplemental model program

5 shall be made available to all restaurants and bars and the

6 public online at no cost. The training shall include:

7 (1) specific conduct, activities, or videos related to

8 the restaurant or bar industry;

9 (2) an explanation of manager liability and

10 responsibility under the law; and

11 (3) English and Spanish language options.

12 (D) Every restaurant and bar that is an employer under this

13 Act shall use the supplemental model training program or

14 establish its own supplemental model training program that

15 equals or exceeds the requirements of subsection (C). The

16 supplemental training program shall be provided at least once a

17 year to all employees, regardless of employment

18 classification. For the purposes of satisfying the

19 requirements under this Section, this supplemental training

20 may be done in conjunction or at the same time as any training

21 that complies with Section 2-109.

22 (E) If a restaurant or bar that is an employer under this

23 Act violates this Section 2-110, the Department shall issue a

24 notice to show cause giving the employer 30 days to comply. If

25 the employer does not comply within 30 days, the Department

26 shall petition the Human Rights Commission for entry of an

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1 order imposing a civil penalty against the employer pursuant to

2 Section 8-109.1. The civil penalty shall be paid into the

3 Department of Human Rights Training and Development Fund.

4 (775 ILCS 5/7-109.1) (from Ch. 68, par. 7-109.1)

5 Sec. 7-109.1. Federal or State court proceedings.

6 ~~Administrative dismissal of charges.~~

7 (1) For charges filed under Article 7A of this Act, if

8 the complainant has initiated litigation in a federal or

9 State court for the purpose of seeking final relief on some

10 or all of the issues that are the basis of the charge,

11 either party may request that the Department

12 administratively dismiss the Department's charge or

13 portions of the charge. Within 10 business days of receipt

14 of the federal or State court complaint, the Department

15 shall issue a notice of administrative dismissal and

16 provide the complainant notice of his or her right to

17 commence a civil action in the appropriate circuit court or

18 other appropriate court of competent jurisdiction. The

19 Director shall also provide the charging party notice of

20 his or her right to seek review of the notice of dismissal

21 before the Commission. Any review by the Commission of the

22 dismissal shall be filed within 30 days after receipt of

23 the Director's notice and shall be limited to the question

24 of whether the charge was properly dismissed under this

25 Section.

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1 (2) For charges filed under Article 7B of this Act, if

2 the complainant has initiated litigation in a federal or

3 State court for the purpose of seeking final relief on some

4 or all of the issues that are the basis of the charge,

5 either party may request that the Department

6 administratively dismiss the charge or portions of the

7 charge pending in the federal or State court proceeding if

8 a trial has commenced in the federal or State court

9 proceeding. Within 10 business days of receipt of notice

10 that the trial has begun, the Department shall issue a

11 notice of administrative dismissal and provide the

12 complainant notice of his or her right to commence a civil

13 action in the appropriate circuit court or other

14 appropriate court of competent jurisdiction. The Director

15 shall also provide the charging party notice of his or her

16 right to seek review of the notice of dismissal before the

17 Commission. Any review by the Commission of the dismissal

18 shall be filed within 30 days after receipt of the

19 Director's notice and shall be limited to the question of

20 whether the charge was properly dismissed under this

21 Section.

22 (3) Nothing in this Section shall preclude the

23 Department from continuing to investigate an allegation in

24 the charge that is not included in the federal or State

25 court proceeding.

26 ~~For charges filed under this Act, if the charging party has~~

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1 ~~initiated litigation for the purpose of seeking final relief in~~

2 ~~a State or federal court or before an administrative law judge~~

3 ~~or hearing officer in an administrative proceeding before a~~

4 ~~local government administrative agency, and if a final decision~~

5 ~~on the merits in that litigation or administrative hearing~~

6 ~~would preclude the charging party from bringing another action~~

7 ~~based on the pending charge, the Department shall cease its~~

8 ~~investigation and dismiss the pending charge by order of the~~

9 ~~Director, who shall provide the charging party notice of his or~~

10 ~~her right to commence a civil action in the appropriate circuit~~

11 ~~court or other appropriate court of competent jurisdiction. The~~

12 ~~Director shall also provide the charging party notice of his or~~

13 ~~her right to seek review of the dismissal order before the~~

14 ~~Commission. Any review by the Commission of the dismissal shall~~

15 ~~be limited to the question of whether the charge was properly~~

16 ~~dismissed pursuant to this Section. Nothing in this Section~~

17 ~~shall preclude the Department from continuing to investigate an~~

18 ~~allegation in a charge that is unique to this Act or otherwise~~

19 ~~could not have been included in the litigation or~~

20 ~~administrative proceeding.~~

21 (Source: P.A. 100-1066, eff. 8-24-18.)

22 (775 ILCS 5/7A-102) (from Ch. 68, par. 7A-102)

23 Sec. 7A-102. Procedures.

24 (A) Charge.

25 (1) Within 300 calendar days after the date that a

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1 civil rights violation allegedly has been committed, a

2 charge in writing under oath or affirmation may be filed

3 with the Department by an aggrieved party or issued by the

4 Department itself under the signature of the Director.

5 (2) The charge shall be in such detail as to

6 substantially apprise any party properly concerned as to

7 the time, place, and facts surrounding the alleged civil

8 rights violation.

9 (3) Charges deemed filed with the Department pursuant

10 to subsection (A-1) of this Section shall be deemed to be

11 in compliance with this subsection.

12 (A-1) Equal Employment Opportunity Commission Charges.

13 (1) If a charge is filed with the Equal Employment

14 Opportunity Commission (EEOC) within 300 calendar days

15 after the date of the alleged civil rights violation, the

16 charge shall be deemed filed with the Department on the

17 date filed with the EEOC. If the EEOC is the governmental

18 agency designated to investigate the charge first, the

19 Department shall take no action until the EEOC makes a

20 determination on the charge and after the complainant

21 notifies the Department of the EEOC's determination. In

22 such cases, after receiving notice from the EEOC that a

23 charge was filed, the Department shall notify the parties

24 that (i) a charge has been received by the EEOC and has

25 been sent to the Department for dual filing purposes; (ii)

26 the EEOC is the governmental agency responsible for

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1 investigating the charge and that the investigation shall

2 be conducted pursuant to the rules and procedures adopted

3 by the EEOC; (iii) it will take no action on the charge

4 until the EEOC issues its determination; (iv) the

5 complainant must submit a copy of the EEOC's determination

6 within 30 days after service of the determination by the

7 EEOC on complainant; and (v) that the time period to

8 investigate the charge contained in subsection (G) of this

9 Section is tolled from the date on which the charge is

10 filed with the EEOC until the EEOC issues its

11 determination.

12 (2) If the EEOC finds reasonable cause to believe that

13 there has been a violation of federal law and if the

14 Department is timely notified of the EEOC's findings by

15 complainant, the Department shall notify complainant that

16 the Department has adopted the EEOC's determination of

17 reasonable cause and that complainant has the right, within

18 90 days after receipt of the Department's notice, to either

19 file his or her own complaint with the Illinois Human

20 Rights Commission or commence a civil action in the

21 appropriate circuit court or other appropriate court of

22 competent jurisdiction. This notice shall be provided to

23 the complainant within 10 business days after the

24 Department's receipt of the EEOC's determination. The

25 Department's notice to complainant that the Department has

26 adopted the EEOC's determination of reasonable cause shall

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1 constitute the Department's Report for purposes of

2 subparagraph (D) of this Section.

3 (3) For those charges alleging violations within the

4 jurisdiction of both the EEOC and the Department and for

5 which the EEOC either (i) does not issue a determination,

6 but does issue the complainant a notice of a right to sue,

7 including when the right to sue is issued at the request of

8 the complainant, or (ii) determines that it is unable to

9 establish that illegal discrimination has occurred and

10 issues the complainant a right to sue notice, and if the

11 Department is timely notified of the EEOC's determination

12 by complainant, the Department shall notify the parties,

13 within 10 business days after receipt of the EEOC's

14 determination, that the Department will adopt the EEOC's

15 determination as a dismissal for lack of substantial

16 evidence unless the complainant requests in writing within

17 35 days after receipt of the Department's notice that the

18 Department review the EEOC's determination.

19 (a) If the complainant does not file a written

20 request with the Department to review the EEOC's

21 determination within 35 days after receipt of the

22 Department's notice, the Department shall notify

23 complainant, within 10 business days after the

24 expiration of the 35-day period, that the decision of

25 the EEOC has been adopted by the Department as a

26 dismissal for lack of substantial evidence and that the

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1 complainant has the right, within 90 days after receipt

2 of the Department's notice, to commence a civil action

3 in the appropriate circuit court or other appropriate

4 court of competent jurisdiction. The Department's

5 notice to complainant that the Department has adopted

6 the EEOC's determination shall constitute the

7 Department's report for purposes of subparagraph (D)

8 of this Section.

9 (b) If the complainant does file a written request

10 with the Department to review the EEOC's

11 determination, the Department shall review the EEOC's

12 determination and any evidence obtained by the EEOC

13 during its investigation. If, after reviewing the

14 EEOC's determination and any evidence obtained by the

15 EEOC, the Department determines there is no need for

16 further investigation of the charge, the Department

17 shall issue a report and the Director shall determine

18 whether there is substantial evidence that the alleged

19 civil rights violation has been committed pursuant to

20 subsection (D) of Section 7A-102. If, after reviewing

21 the EEOC's determination and any evidence obtained by

22 the EEOC, the Department determines there is a need for

23 further investigation of the charge, the Department

24 may conduct any further investigation it deems

25 necessary. After reviewing the EEOC's determination,

26 the evidence obtained by the EEOC, and any additional

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1 investigation conducted by the Department, the

2 Department shall issue a report and the Director shall

3 determine whether there is substantial evidence that

4 the alleged civil rights violation has been committed

5 pursuant to subsection (D) of Section 7A-102 of this

6 Act.

7 (4) Pursuant to this Section, if the EEOC dismisses the

8 charge or a portion of the charge of discrimination

9 because, under federal law, the EEOC lacks jurisdiction

10 over the charge, and if, under this Act, the Department has

11 jurisdiction over the charge of discrimination, the

12 Department shall investigate the charge or portion of the

13 charge dismissed by the EEOC for lack of jurisdiction

14 pursuant to subsections (A), (A-1), (B), (B-1), (C), (D),

15 (E), (F), (G), (H), (I), (J), and (K) of Section 7A-102 of

16 this Act.

17 (5) The time limit set out in subsection (G) of this

18 Section is tolled from the date on which the charge is

19 filed with the EEOC to the date on which the EEOC issues

20 its determination.

21 (6) The failure of the Department to meet the

22 10-business-day notification deadlines set out in

23 paragraph (2) of this subsection shall not impair the

24 rights of any party.

25 (B) Notice and Response to Charge. The Department shall,

26 within 10 days of the date on which the charge was filed, serve

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1 a copy of the charge on the respondent and provide all parties

2 with a notice of the complainant's right to opt out of the

3 investigation within 60 days as set forth in subsection (C-1).

4 This period shall not be construed to be jurisdictional. The

5 charging party and the respondent may each file a position

6 statement and other materials with the Department regarding the

7 charge of alleged discrimination within 60 days of receipt of

8 the notice of the charge. The position statements and other

9 materials filed shall remain confidential unless otherwise

10 agreed to by the party providing the information and shall not

11 be served on or made available to the other party during

12 pendency of a charge with the Department. The Department may

13 require the respondent to file a response to the allegations

14 contained in the charge. Upon the Department's request, the

15 respondent shall file a response to the charge within 60 days

16 and shall serve a copy of its response on the complainant or

17 his or her representative. Notwithstanding any request from the

18 Department, the respondent may elect to file a response to the

19 charge within 60 days of receipt of notice of the charge,

20 provided the respondent serves a copy of its response on the

21 complainant or his or her representative. All allegations

22 contained in the charge not denied by the respondent within 60

23 days of the Department's request for a response may be deemed

24 admitted, unless the respondent states that it is without

25 sufficient information to form a belief with respect to such

26 allegation. The Department may issue a notice of default

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1 directed to any respondent who fails to file a response to a

2 charge within 60 days of receipt of the Department's request,

3 unless the respondent can demonstrate good cause as to why such

4 notice should not issue. The term "good cause" shall be defined

5 by rule promulgated by the Department. Within 30 days of

6 receipt of the respondent's response, the complainant may file

7 a reply to said response and shall serve a copy of said reply

8 on the respondent or his or her representative. A party shall

9 have the right to supplement his or her response or reply at

10 any time that the investigation of the charge is pending. The

11 Department shall, within 10 days of the date on which the

12 charge was filed, and again no later than 335 days thereafter,

13 send by certified or registered mail, or electronic mail if

14 elected by the party,written notice to the complainant and to

15 the respondent informing the complainant of the complainant's

16 rights to either file a complaint with the Human Rights

17 Commission or commence a civil action in the appropriate

18 circuit court under subparagraph (2) of paragraph (G)~~and under~~

19 ~~subsection (C-1)~~, including in such notice the dates within

20 which the complainant may exercise these rights. In the notice

21 the Department shall notify the complainant that the charge of

22 civil rights violation will be dismissed with prejudice and

23 with no right to further proceed if a written complaint is not

24 timely filed with the Commission or with the appropriate

25 circuit court by the complainant pursuant to subparagraph (2)

26 of paragraph (G) ~~or subsection (C-1)~~or by the Department

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1 pursuant to subparagraph (1) of paragraph (G).

2 (B-1) Mediation. The complainant and respondent may agree

3 to voluntarily submit the charge to mediation without waiving

4 any rights that are otherwise available to either party

5 pursuant to this Act and without incurring any obligation to

6 accept the result of the mediation process. Nothing occurring

7 in mediation shall be disclosed by the Department or admissible

8 in evidence in any subsequent proceeding unless the complainant

9 and the respondent agree in writing that such disclosure be

10 made.

11 (C) Investigation.

12 (1) The ~~If the complainant does not elect to opt out of~~

13 ~~an investigation pursuant to subsection (C-1), the~~

14 Department shall conduct an investigation sufficient to

15 determine whether the allegations set forth in the charge

16 are supported by substantial evidence unless the

17 complainant elects to opt out of an investigation pursuant

18 to subsection (C-1).

19 (2) The Director or his or her designated

20 representatives shall have authority to request any member

21 of the Commission to issue subpoenas to compel the

22 attendance of a witness or the production for examination

23 of any books, records or documents whatsoever.

24 (3) If any witness whose testimony is required for any

25 investigation resides outside the State, or through

26 illness or any other good cause as determined by the

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1 Director is unable to be interviewed by the investigator or

2 appear at a fact finding conference, his or her testimony

3 or deposition may be taken, within or without the State, in

4 the same manner as is provided for in the taking of

5 depositions in civil cases in circuit courts.

6 (4) Upon reasonable notice to the complainant and the

7 respondent, the Department shall conduct a fact finding

8 conference, unless prior to 365 days after the date on

9 which the charge was filed the Director has determined

10 whether there is substantial evidence that the alleged

11 civil rights violation has been committed, the charge has

12 been dismissed for lack of jurisdiction, or the parties

13 voluntarily and in writing agree to waive the fact finding

14 conference. Any party's failure to attend the conference

15 without good cause shall result in dismissal or default.

16 The term "good cause" shall be defined by rule promulgated

17 by the Department. A notice of dismissal or default shall

18 be issued by the Director. The notice of default issued by

19 the Director shall notify the respondent that a request for

20 review may be filed in writing with the Commission within

21 30 days of receipt of notice of default. The notice of

22 dismissal issued by the Director shall give the complainant

23 notice of his or her right to seek review of the dismissal

24 before the Human Rights Commission or commence a civil

25 action in the appropriate circuit court. If the complainant

26 chooses to have the Human Rights Commission review the

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1 dismissal order, he or she shall file a request for review

2 with the Commission within 90 days after receipt of the

3 Director's notice. If the complainant chooses to file a

4 request for review with the Commission, he or she may not

5 later commence a civil action in a circuit court. If the

6 complainant chooses to commence a civil action in a circuit

7 court, he or she must do so within 90 days after receipt of

8 the Director's notice.

9 (C-1) Opt out of Department's investigation. At any time

10 within 60 days after receipt of notice of the right to opt out,

11 a complainant may submit a written request seeking notice from

12 the Director indicating that the complainant has opted out of

13 the investigation and may commence a civil action in the

14 appropriate circuit court or other appropriate court of

15 competent jurisdiction. Within ~~The Department shall respond to~~

16 ~~a complainant's opt-out request within~~ 10 business days of

17 receipt of the complainant's request to opt out of the

18 investigation, the Director shall issue a notice to the parties

19 stating that: (i) the complainant has exercised the right to

20 opt out of the investigation; (ii) the complainant has 90 days

21 after receipt of the Director's notice to commence an action in

22 the appropriate circuit court or other appropriate court of

23 competent jurisdiction; and (iii) the Department has ceased its

24 investigation and is administratively closing the charge ~~by~~

25 ~~issuing the complainant a notice of the right to commence an~~

26 ~~action in circuit court. The Department shall also notify the~~

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1 ~~respondent that the complainant has elected to opt out of the~~

2 ~~administrative process within 10 business days of receipt of~~

3 ~~the complainant's request. If the complainant chooses to~~

4 ~~commence an action in a circuit court under this subsection, he~~

5 ~~or she must do so within 90 days after receipt of the~~

6 ~~Director's notice of the right to commence an action in circuit~~

7 ~~court~~. The complainant shall notify the Department and the

8 respondent that a complaint has been filed with the appropriate

9 circuit court or other appropriate court of competent

10 jurisdiction and shall mail a copy of the complaint to the

11 Department and the respondent on the same date that the

12 complaint is filed with the appropriate ~~circuit~~ court. ~~Upon~~

13 ~~receipt of notice that the complainant has filed an action with~~

14 ~~the appropriate circuit court, the Department shall~~

15 ~~immediately cease its investigation and dismiss the charge of~~

16 ~~civil rights violation.~~ Once a complainant has opted out of the

17 investigation ~~commenced an action in circuit court~~ under this

18 subsection, he or she may not file or refile a substantially

19 similar charge with the Department arising from the same

20 incident of unlawful discrimination or harassment.

21 (D) Report.

22 (1) Each charge investigated under subsection (C)

23 shall be the subject of a report to the Director. The

24 report shall be a confidential document subject to review

25 by the Director, authorized Department employees, the

26 parties, and, where indicated by this Act, members of the

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1 Commission or their designated hearing officers.

2 (2) Upon review of the report, the Director shall

3 determine whether there is substantial evidence that the

4 alleged civil rights violation has been committed. The

5 determination of substantial evidence is limited to

6 determining the need for further consideration of the

7 charge pursuant to this Act and includes, but is not

8 limited to, findings of fact and conclusions, as well as

9 the reasons for the determinations on all material issues.

10 Substantial evidence is evidence which a reasonable mind

11 accepts as sufficient to support a particular conclusion

12 and which consists of more than a mere scintilla but may be

13 somewhat less than a preponderance.

14 (3) If the Director determines that there is no

15 substantial evidence, the charge shall be dismissed by

16 order of the Director and the Director shall give the

17 complainant notice of his or her right to seek review of

18 the dismissal order before the Commission or commence a

19 civil action in the appropriate circuit court. If the

20 complainant chooses to have the Human Rights Commission

21 review the dismissal order, he or she shall file a request

22 for review with the Commission within 90 days after receipt

23 of the Director's notice. If the complainant chooses to

24 file a request for review with the Commission, he or she

25 may not later commence a civil action in a circuit court.

26 If the complainant chooses to commence a civil action in a

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1 circuit court, he or she must do so within 90 days after

2 receipt of the Director's notice.

3 (4) If the Director determines that there is

4 substantial evidence, he or she shall notify the

5 complainant and respondent of that determination. The

6 Director shall also notify the parties that the complainant

7 has the right to either commence a civil action in the

8 appropriate circuit court or request that the Department of

9 Human Rights file a complaint with the Human Rights

10 Commission on his or her behalf. Any such complaint shall

11 be filed within 90 days after receipt of the Director's

12 notice. If the complainant chooses to have the Department

13 file a complaint with the Human Rights Commission on his or

14 her behalf, the complainant must, within 30 days after

15 receipt of the Director's notice, request in writing that

16 the Department file the complaint. If the complainant

17 timely requests that the Department file the complaint, the

18 Department shall file the complaint on his or her behalf.

19 If the complainant fails to timely request that the

20 Department file the complaint, the complainant may file his

21 or her complaint with the Commission or commence a civil

22 action in the appropriate circuit court. If the complainant

23 files a complaint with the Human Rights Commission, the

24 complainant shall give notice to the Department of the

25 filing of the complaint with the Human Rights Commission.

26 (E) Conciliation.

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1 (1) When there is a finding of substantial evidence,

2 the Department may designate a Department employee who is

3 an attorney licensed to practice in Illinois to endeavor to

4 eliminate the effect of the alleged civil rights violation

5 and to prevent its repetition by means of conference and

6 conciliation.

7 (2) When the Department determines that a formal

8 conciliation conference is necessary, the complainant and

9 respondent shall be notified of the time and place of the

10 conference by registered or certified mail at least 10 days

11 prior thereto and either or both parties shall appear at

12 the conference in person or by attorney.

13 (3) The place fixed for the conference shall be within

14 35 miles of the place where the civil rights violation is

15 alleged to have been committed.

16 (4) Nothing occurring at the conference shall be

17 disclosed by the Department unless the complainant and

18 respondent agree in writing that such disclosure be made.

19 (5) The Department's efforts to conciliate the matter

20 shall not stay or extend the time for filing the complaint

21 with the Commission or the circuit court.

22 (F) Complaint.

23 (1) When the complainant requests that the Department

24 file a complaint with the Commission on his or her behalf,

25 the Department shall prepare a written complaint, under

26 oath or affirmation, stating the nature of the civil rights

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1 violation substantially as alleged in the charge

2 previously filed and the relief sought on behalf of the

3 aggrieved party. The Department shall file the complaint

4 with the Commission.

5 (2) If the complainant chooses to commence a civil

6 action in a circuit court, he or she must do so in the

7 circuit court in the county wherein the civil rights

8 violation was allegedly committed. The form of the

9 complaint in any such civil action shall be in accordance

10 with the Illinois Code of Civil Procedure.

11 (G) Time Limit.

12 (1) When a charge of a civil rights violation has been

13 properly filed, the Department, within 365 days thereof or

14 within any extension of that period agreed to in writing by

15 all parties, shall issue its report as required by

16 subparagraph (D). Any such report shall be duly served upon

17 both the complainant and the respondent.

18 (2) If the Department has not issued its report within

19 365 days after the charge is filed, or any such longer

20 period agreed to in writing by all the parties, the

21 complainant shall have 90 days to either file his or her

22 own complaint with the Human Rights Commission or commence

23 a civil action in the appropriate circuit court. If the

24 complainant files a complaint with the Commission, the form

25 of the complaint shall be in accordance with the provisions

26 of paragraph (F)(1). If the complainant commences a civil

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1 action in a circuit court, the form of the complaint shall

2 be in accordance with the Illinois Code of Civil Procedure.

3 The aggrieved party shall notify the Department that a

4 complaint has been filed and shall serve a copy of the

5 complaint on the Department on the same date that the

6 complaint is filed with the Commission or in circuit court.

7 If the complainant files a complaint with the Commission,

8 he or she may not later commence a civil action in circuit

9 court.

10 (3) If an aggrieved party files a complaint with the

11 Human Rights Commission or commences a civil action in

12 circuit court pursuant to paragraph (2) of this subsection,

13 or if the time period for filing a complaint has expired,

14 the Department shall immediately cease its investigation

15 and dismiss the charge of civil rights violation. Any final

16 order entered by the Commission under this Section is

17 appealable in accordance with paragraph (B)(1) of Section

18 8-111. Failure to immediately cease an investigation and

19 dismiss the charge of civil rights violation as provided in

20 this paragraph (3) constitutes grounds for entry of an

21 order by the circuit court permanently enjoining the

22 investigation. The Department may also be liable for any

23 costs and other damages incurred by the respondent as a

24 result of the action of the Department.

25 (4) (Blank).

26 (H) This amendatory Act of 1995 applies to causes of action

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1 filed on or after January 1, 1996.

2 (I) This amendatory Act of 1996 applies to causes of action

3 filed on or after January 1, 1996.

4 (J) The changes made to this Section by Public Act 95-243

5 apply to charges filed on or after the effective date of those

6 changes.

7 (K) The changes made to this Section by this amendatory Act

8 of the 96th General Assembly apply to charges filed on or after

9 the effective date of those changes.

10 (L) The changes made to this Section by this amendatory Act

11 of the 100th General Assembly apply to charges filed on or

12 after the effective date of this amendatory Act of the 100th

13 General Assembly.

14 (Source: P.A. 100-492, eff. 9-8-17; 100-588, eff. 6-8-18;

15 100-1066, eff. 8-24-18.)

16 (775 ILCS 5/8-109) (from Ch. 68, par. 8-109)

17 Sec. 8-109. Specific Penalties; Public Contracts;

18 Licensees; Public Officials.In addition to the penalties and

19 forms of relief set forth in Section8A-104 ~~8-108~~, a hearing

20 officer may recommend and the Commission or any three member

21 panel thereof may:

22 (A) Public Contracts. In the case of a respondent who

23 commits a civil rights violation while holding a public

24 contract, where the practice was authorized, requested,

25 commanded, performed, or knowingly permitted by the board of

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1 directors of the respondent or by an officer or executive agent

2 acting within the scope of his employment, order: (1)

3 termination of the contract; (2) debarment of the respondent

4 from participating in public contracts for a period not to

5 exceed three years; (3) imposition of a penalty to be paid to

6 the State Treasurer not to exceed any profit acquired as a

7 direct result of a civil rights violation; or (4) any

8 combination of these penalties.

9 (B) Licensees. In the case of a respondent, operating by

10 virtue of a license issued by the State, a political

11 subdivision, or any agency thereof, who commits a civil rights

12 violation, recommend to the appropriate licensing authority

13 that the respondent's license be suspended or revoked.

14 (C) Public Officials. In the case of a respondent who is a

15 public official who violates paragraph (C) of Section 5-102,

16 recommend to the department or agency in which the official is

17 employed that such disciplinary or discharge proceedings as the

18 Commission deems appropriate be employed.

19 (Source: P.A. 81-1267.)

20 (775 ILCS 5/8-109.1 new)

21 Sec. 8-109.1. Civil penalties; failure to report; failure

22 to train.

23 (A) A hearing officer may recommend the Commission or any

24 3-member panel thereof may:

25 (1) Failure to report. In the case of an employer who

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1 fails to make any disclosures required under Section 2-108

2 within 30 days of the Department's notice to show cause, or

3 as otherwise extended by the Department, order that a civil

4 penalty be imposed pursuant to subsection (B).

5 (2) Failure to train. In the case of an employer who

6 fails to comply with the sexual harassment prevention

7 training requirements under Section 2-109 or 2-110 within

8 30 days of the Department's notice to show cause, or as

9 otherwise extended by the Department, order that a civil

10 penalty be imposed pursuant to subsection (B).

11 (B) An employer who violates Section 2-108, 2-109, or 2-110

12 is subject to a civil penalty as follows:

13 (1) For an employer with fewer than 4 employees: a

14 penalty not to exceed $500 for a first offense; a penalty

15 not to exceed $1,000 for a second offense; a penalty not to

16 exceed $3,000 for a third or subsequent offense.

17 (2) For an employer with 4 or more employees: a penalty

18 not to exceed $1,000 for a first offense; a penalty not to

19 exceed $3,000 for a second offense; a penalty not to exceed

20 $5,000 for a third or subsequent offense.

21 (C) The appropriateness of the penalty to the size of the

22 employer charged, the good faith efforts made by the employer

23 to comply, and the gravity of the violation shall be considered

24 in determining the amount of the civil penalty.

25 Article 3.

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1 Section 3-1. Short title. This Article may be cited as the

2 Sexual Harassment Victim Representation Act. References in

3 this Article to "this Act" mean this Article.

4 Section 3-5. Definitions. In this Act:

5 "Perpetrator" means an individual who commits or is alleged

6 to have committed an act or threat of sexual harassment.

7 "Sexual harassment" means any unwelcome sexual advances or

8 requests for sexual favors or any conduct of a sexual nature

9 when: (i) submission to such conduct is made either explicitly

10 or implicitly a term or condition of an individual's

11 employment; (ii) submission to or rejection of such conduct by

12 an individual is used as the basis for employment decisions

13 affecting such individual; or (iii) such conduct has the

14 purpose or effect of substantially interfering with an

15 individual's work performance or creating an intimidating,

16 hostile, or offensive working environment.

17 "Union" means any organization defined as a "labor

18 organization" under Section 2 of the National Labor Relations

19 Act (29 U.S.C. 152).

20 "Union representative" means a person designated by a union

21 to represent a member of the union in any disciplinary

22 proceeding.

23 "Victim" means a victim of sexual harassment.

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1 Section 3-10. Dual representation prohibited.

2 (a) In any proceeding in which a victim who is a member of

3 a union has accused a perpetrator who is a member of the same

4 union, the victim and the perpetrator may not be represented in

5 the proceeding by the same union representative.

6 (b) The union must designate separate union

7 representatives to represent the parties to the proceeding.

8 Section 3-15. Severability. The provisions of this Act are

9 severable under Section 1.31 of the Statute on Statutes.

10 Article 4.

11 Section 4-5. The Victims' Economic Security and Safety Act

12 is amended by changing Sections 5, 10, 15, 20, 25, 30, and 45

13 as follows:

14 (820 ILCS 180/5)

15 Sec. 5. Findings. The General Assembly finds and declares

16 the following:

17 (1) Domestic, ~~and~~ sexual, and gender violence affects

18 many persons without regard to age, race, educational

19 level, socioeconomic status, religion, or occupation.

20 (2) Domestic, ~~and~~ sexual, and gender violence has a

21 devastating effect on individuals, families, communities

22 and the workplace.

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1 (3) Domestic violence crimes account for approximately

2 15% of total crime costs in the United States each year.

3 (4) Violence against women has been reported to be the

4 leading cause of physical injury to women. Such violence

5 has a devastating impact on women's physical and emotional

6 health and financial security.

7 (5) According to recent government surveys, from 1993

8 through 1998 the average annual number of violent

9 victimizations committed by intimate partners was

10 1,082,110, 87% of which were committed against women.

11 (6) Female murder victims were substantially more

12 likely than male murder victims to have been killed by an

13 intimate partner. About one-third of female murder

14 victims, and about 4% of male murder victims, were killed

15 by an intimate partner.

16 (7) According to recent government estimates,

17 approximately 987,400 rapes occur annually in the United

18 States, 89% of the rapes are perpetrated against female

19 victims.

20 (8) Approximately 10,200,000 people have been stalked

21 at some time in their lives. Four out of every 5 stalking

22 victims are women. Stalkers harass and terrorize their

23 victims by spying on the victims, standing outside their

24 places of work or homes, making unwanted phone calls,

25 sending or leaving unwanted letters or items, or

26 vandalizing property.

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1 (9) Employees in the United States who have been

2 victims of domestic violence, dating violence, sexual

3 assault, or stalking too often suffer adverse consequences

4 in the workplace as a result of their victimization.

5 (10) Victims of domestic violence, dating violence,

6 sexual assault, and stalking face the threat of job loss

7 and loss of health insurance as a result of the illegal

8 acts of the perpetrators of violence.

9 (11) The prevalence of domestic violence, dating

10 violence, sexual assault, stalking, and other violence

11 against women at work is dramatic. Approximately 11% of all

12 rapes occur in the workplace. About 50,500 individuals, 83%

13 of whom are women, were raped or sexually assaulted in the

14 workplace each year from 1992 through 1996. Half of all

15 female victims of violent workplace crimes know their

16 attackers. Nearly one out of 10 violent workplace incidents

17 is committed by partners or spouses.

18 (12) Homicide is the leading cause of death for women

19 on the job. Husbands, boyfriends, and ex-partners commit

20 15% of workplace homicides against women.

21 (13) Studies indicate that as much as 74% of employed

22 battered women surveyed were harassed at work by their

23 abusive partners.

24 (14) According to a 1998 report of the U.S. General

25 Accounting Office, between one-fourth and one-half of

26 domestic violence victims surveyed in 3 studies reported

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1 that the victims lost a job due, at least in part, to

2 domestic violence.

3 (15) Women who have experienced domestic violence or

4 dating violence are more likely than other women to be

5 unemployed, to suffer from health problems that can affect

6 employability and job performance, to report lower

7 personal income, and to rely on welfare.

8 (16) Abusers frequently seek to control their partners

9 by actively interfering with their ability to work,

10 including preventing their partners from going to work,

11 harassing their partners at work, limiting the access of

12 their partners to cash or transportation, and sabotaging

13 the child care arrangements of their partners.

14 (17) More than one-half of women receiving welfare have

15 been victims of domestic violence as adults and between

16 one-fourth and one-third reported being abused in the last

17 year.

18 (18) Sexual assault, whether occurring in or out of the

19 workplace, can impair an employee's work performance,

20 require time away from work, and undermine the employee's

21 ability to maintain a job. Almost 50% of sexual assault

22 survivors lose their jobs or are forced to quit in the

23 aftermath of the assaults.

24 (19) More than one-fourth of stalking victims report

25 losing time from work due to the stalking and 7% never

26 return to work.

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1 (20) (A) According to the National Institute of

2 Justice, crime costs an estimated $450,000,000,000

3 annually in medical expenses, lost earnings, social

4 service costs, pain, suffering, and reduced quality of life

5 for victims, which harms the Nation's productivity and

6 drains the Nation's resources. (B) Violent crime accounts

7 for $426,000,000,000 per year of this amount. (C) Rape

8 exacts the highest costs per victim of any criminal

9 offense, and accounts for $127,000,000,000 per year of the

10 amount described in subparagraph (A).

11 (21) The Bureau of National Affairs has estimated that

12 domestic violence costs United States employers between

13 $3,000,000,000 and $5,000,000,000 annually in lost time

14 and productivity. Other reports have estimated that

15 domestic violence costs United States employers

16 $13,000,000,000 annually.

17 (22) United States medical costs for domestic violence

18 have been estimated to be $31,000,000,000 per year.

19 (23) Ninety-four percent of corporate security and

20 safety directors at companies nationwide rank domestic

21 violence as a high security concern.

22 (24) Forty-nine percent of senior executives recently

23 surveyed said domestic violence has a harmful effect on

24 their company's productivity, 47% said domestic violence

25 negatively affects attendance, and 44% said domestic

26 violence increases health care costs.

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1 (25) Employees, including individuals participating in

2 welfare to work programs, may need to take time during

3 business hours to:

4 (A) obtain orders of protection or civil no contact

5 orders;

6 (B) seek medical or legal assistance, counseling,

7 or other services; or

8 (C) look for housing in order to escape from

9 domestic or sexual violence.

10 (Source: P.A. 96-635, eff. 8-24-09.)

11 (820 ILCS 180/10)

12 Sec. 10. Definitions. In this Act, except as otherwise

13 expressly provided:

14 (1) "Commerce" includes trade, traffic, commerce,

15 transportation, or communication; and "industry or

16 activity affecting commerce" means any activity, business,

17 or industry in commerce or in which a labor dispute would

18 hinder or obstruct commerce or the free flow of commerce,

19 and includes "commerce" and any "industry affecting

20 commerce".

21 (2) "Course of conduct" means a course of repeatedly

22 maintaining a visual or physical proximity to a person or

23 conveying oral or written threats, including threats

24 conveyed through electronic communications, or threats

25 implied by conduct.

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1 (3) "Department" means the Department of Labor.

2 (4) "Director" means the Director of Labor.

3 (5) "Domestic violence, sexual violence, or gender

4 violence ~~or sexual violence~~" means domestic violence,

5 sexual assault,gender violence, or stalking.

6 (6) "Domestic violence" means abuse, as defined in

7 Section 103 of the Illinois Domestic Violence Act of 1986,

8 by a family or household member, as defined in Section 103

9 of the Illinois Domestic Violence Act of 1986.

10 (7) "Electronic communications" includes

11 communications via telephone, mobile phone, computer,

12 e-mail, video recorder, fax machine, telex,~~or~~ pager,

13 online platform (including, but not limited to, any

14 public-facing website, web application, digital

15 application, or social network), or any other electronic

16 communication, as defined in Section 12-7.5 of the Criminal

17 Code of 2012.

18 (8) "Employ" includes to suffer or permit to work.

19 (9) Employee.

20 (A) In general. "Employee" means any person

21 employed by an employer.

22 (B) Basis. "Employee" includes a person employed

23 as described in subparagraph (A) on a full or part-time

24 basis, or as a participant in a work assignment as a

25 condition of receipt of federal or State income-based

26 public assistance.

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1 (10) "Employer" means any of the following: (A) the

2 State or any agency of the State; (B) any unit of local

3 government or school district; or (C) any person that

4 employs at least one employee.

5 (11) "Employment benefits" means all benefits provided

6 or made available to employees by an employer, including

7 group life insurance, health insurance, disability

8 insurance, sick leave, annual leave, educational benefits,

9 pensions, and profit-sharing, regardless of whether such

10 benefits are provided by a practice or written policy of an

11 employer or through an "employee benefit plan". "Employee

12 benefit plan" or "plan" means an employee welfare benefit

13 plan or an employee pension benefit plan or a plan which is

14 both an employee welfare benefit plan and an employee

15 pension benefit plan.

16 (12) "Family or household member", for employees with a

17 family or household member who is a victim of domestic

18 violence, sexual violence, or gender violence, ~~or sexual~~

19 ~~violence,~~means a spouse, parent, son, daughter, other

20 person related by blood or by present or prior marriage,

21 other person who shares a relationship through a son or

22 daughter, and persons jointly residing in the same

23 household.

24 (12.5) "Gender violence" means:

25 (A) one or more acts of violence or aggression

26 satisfying the elements of any criminal offense under the

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1 laws of this State that are committed, at least in part, on

2 the basis of a person's actual or perceived sex or gender,

3 regardless of whether the acts resulted in criminal

4 charges, prosecution, or conviction;

5 (B) a physical intrusion or physical invasion of a

6 sexual nature under coercive conditions satisfying the

7 elements of any criminal offense under the laws of this

8 State, regardless of whether the intrusion or invasion

9 resulted in criminal charges, prosecution, or conviction;

10 or

11 (C) a threat of an act described in item (A) or (B)

12 causing a realistic apprehension that the originator of the

13 threat will commit the act.

14 (13) "Parent" means the biological parent of an

15 employee or an individual who stood in loco parentis to an

16 employee when the employee was a son or daughter. "Son or

17 daughter" means a biological, adopted, or foster child, a

18 stepchild, a legal ward, or a child of a person standing in

19 loco parentis, who is under 18 years of age, or is 18 years

20 of age or older and incapable of self-care because of a

21 mental or physical disability.

22 (14) "Perpetrator" means an individual who commits or

23 is alleged to have committed any act or threat of domestic

24 violence, sexual violence, or gender violence ~~or sexual~~

25 ~~violence~~.

26 (15) "Person" means an individual, partnership,

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1 association, corporation, business trust, legal

2 representative, or any organized group of persons.

3 (16) "Public agency" means the Government of the State

4 or political subdivision thereof; any agency of the State,

5 or of a political subdivision of the State; or any

6 governmental agency.

7 (17) "Public assistance" includes cash, food stamps,

8 medical assistance, housing assistance, and other benefits

9 provided on the basis of income by a public agency or

10 public employer.

11 (18) "Reduced work schedule" means a work schedule that

12 reduces the usual number of hours per workweek, or hours

13 per workday, of an employee.

14 (19) "Repeatedly" means on 2 or more occasions.

15 (20) "Sexual assault" means any conduct proscribed by:

16 (i) Article 11 of the Criminal Code of 2012 except Sections

17 11-35 and 11-45; (ii) Sections 12-13, 12-14, 12-14.1,

18 12-15, and 12-16 of the Criminal Code of 2012; or (iii) a

19 similar provision of the Criminal Code of 1961 ~~the Criminal~~

20 ~~Code of 1961 or the Criminal Code of 2012 in Sections~~

21 ~~11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14,~~

22 ~~12-14.1, 12-15, and 12-16~~.

23 (21) "Stalking" means any conduct proscribed by the

24 Criminal Code of 1961 or the Criminal Code of 2012 in

25 Sections 12-7.3, 12-7.4, and 12-7.5.

26 (22) "Victim" or "survivor" means an individual who has

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1 been subjected to domestic violence, sexual violence, or

2 gender violence ~~or sexual violence~~.

3 (23) "Victim services organization" means a nonprofit,

4 nongovernmental organization that provides assistance to

5 victims of domesticviolence, sexual violence, or gender

6 violence ~~or sexual violence~~ or to advocates for such

7 victims, including a rape crisis center, an organization

8 carrying out a domestic violence program, an organization

9 operating a shelter or providing counseling services, or a

10 legal services organization or other organization

11 providing assistance through the legal process.

12 (Source: P.A. 99-765, eff. 1-1-17.)

13 (820 ILCS 180/15)

14 Sec. 15. Purposes. The purposes of this Act are:

15 (1) to promote the State's interest in reducing

16 domestic violence, dating violence, sexual assault,gender

17 violence,and stalking by enabling victims of domestic

18 violence, sexual violence, or gender violence ~~or sexual~~

19 ~~violence~~to maintain the financial independence necessary

20 to leave abusive situations, achieve safety, and minimize

21 the physical and emotional injuries from domestic

22 violence, sexual violence, or gender violence ~~or sexual~~

23 ~~violence~~, and to reduce the devastating economic

24 consequences of domestic violence, sexual violence, or

25 gender violence ~~or sexual violence~~to employers and

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1 employees;

2 (2) to address the failure of existing laws to protect

3 the employment rights of employees who are victims of

4 domestic violence, sexual violence, or gender violence ~~or~~

5 ~~sexual violence~~ and employees with a family or household

6 member who is a victim of domesticviolence, sexual

7 violence, or gender violence ~~or sexual violence~~, by

8 protecting the civil and economic rights of those

9 employees, and by furthering the equal opportunity of women

10 for economic self-sufficiency and employment free from

11 discrimination;

12 (3) to accomplish the purposes described in paragraphs

13 (1) and (2) by (A) entitling employed victims of domestic

14 violence, sexual violence, or gender violence ~~or sexual~~

15 ~~violence~~ and employees with a family or household member

16 who is a victim of domestic violence, sexual violence, or

17 gender violence ~~or sexual violence~~ to take unpaid leave to

18 seek medical help, legal assistance, counseling, safety

19 planning, and other assistance without penalty from their

20 employers for the employee or the family or household

21 member who is a victim; and (B) prohibiting employers from

22 discriminating against any employee who is a victim of

23 domestic violence, sexual violence, or gender violence ~~or~~

24 ~~sexual violence~~ or any employee who has a family or

25 household member who is a victim of domestic violence,

26 sexual violence, or gender violence ~~or sexual violence~~, in

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1 a manner that accommodates the legitimate interests of

2 employers and protects the safety of all persons in the

3 workplace.

4 (Source: P.A. 96-635, eff. 8-24-09.)

5 (820 ILCS 180/20)

6 Sec. 20. Entitlement to leave due to domestic violence,

7 sexual violence, or gender violence ~~or sexual violence~~.

8 (a) Leave requirement.

9 (1) Basis. An employee who is a victim of domestic

10 violence, sexual violence, or gender violence ~~or sexual~~

11 ~~violence~~ or an employee who has a family or household

12 member who is a victim of domesticviolence, sexual

13 violence, or gender violence ~~or sexual violence~~ whose

14 interests are not adverse to the employee as it relates to

15 the domestic violence, sexual violence, or gender violence

16 ~~or sexual violence~~may take unpaid leave from work if the

17 employee or employee's family or household member is

18 experiencing an incident of domestic violence, sexual

19 violence, or gender violence ~~or sexual violence~~ or to

20 address domestic violence, sexual violence, or gender

21 violence ~~or sexual violence~~ by:

22 (A) seeking medical attention for, or recovering

23 from, physical or psychological injuries caused by

24 domestic violence, sexual violence, or gender violence

25 ~~or sexual violence~~ to the employee or the employee's

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1 family or household member;

2 (B) obtaining services from a victim services

3 organization for the employee or the employee's family

4 or household member;

5 (C) obtaining psychological or other counseling

6 for the employee or the employee's family or household

7 member;

8 (D) participating in safety planning, temporarily

9 or permanently relocating, or taking other actions to

10 increase the safety of the employee or the employee's

11 family or household member from future domestic

12 violence, sexual violence, or gender violence ~~or~~

13 ~~sexual violence~~or ensure economic security; or

14 (E) seeking legal assistance or remedies to ensure

15 the health and safety of the employee or the employee's

16 family or household member, including preparing for or

17 participating in any civil or criminal legal

18 proceeding related to or derived from domestic

19 violence, sexual violence, or gender violence ~~or~~

20 ~~sexual violence~~.

21 (2) Period. Subject to subsection (c), an employee

22 working for an employer that employs at least 50 employees

23 shall be entitled to a total of 12 workweeks of leave

24 during any 12-month period. Subject to subsection (c), an

25 employee working for an employer that employs at least 15

26 but not more than 49 employees shall be entitled to a total

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1 of 8 workweeks of leave during any 12-month period. Subject

2 to subsection (c), an employee working for an employer that

3 employs at least one but not more than 14 employees shall

4 be entitled to a total of 4 workweeks of leave during any

5 12-month period. The total number of workweeks to which an

6 employee is entitled shall not decrease during the relevant

7 12-month period. This Act does not create a right for an

8 employee to take unpaid leave that exceeds the unpaid leave

9 time allowed under, or is in addition to the unpaid leave

10 time permitted by, the federal Family and Medical Leave Act

11 of 1993 (29 U.S.C. 2601 et seq.).

12 (3) Schedule. Leave described in paragraph (1) may be

13 taken intermittently or on a reduced work schedule.

14 (b) Notice. The employee shall provide the employer with at

15 least 48 hours' advance notice of the employee's intention to

16 take the leave, unless providing such notice is not

17 practicable. When an unscheduled absence occurs, the employer

18 may not take any action against the employee if the employee,

19 upon request of the employer and within a reasonable period

20 after the absence, provides certification under subsection

21 (c).

22 (c) Certification.

23 (1) In general. The employer may require the employee

24 to provide certification to the employer that:

25 (A) the employee or the employee's family or

26 household member is a victim of domesticviolence,

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1 sexual violence, or gender violence ~~or sexual~~

2 ~~violence~~; and

3 (B) the leave is for one of the purposes enumerated

4 in paragraph (a)(1).

5 The employee shall provide such certification to the

6 employer within a reasonable period after the employer

7 requests certification.

8 (2) Contents. An employee may satisfy the

9 certification requirement of paragraph (1) by providing to

10 the employer a sworn statement of the employee, and upon

11 obtaining such documents the employee shall provide:

12 (A) documentation from an employee, agent, or

13 volunteer of a victim services organization, an

14 attorney, a member of the clergy, or a medical or other

15 professional from whom the employee or the employee's

16 family or household member has sought assistance in

17 addressing domestic violence, sexual violence, or

18 gender violence ~~or sexual violence~~ and the effects of

19 the violence;

20 (B) a police or court record; or

21 (C) other corroborating evidence.

22 (d) Confidentiality. All information provided to the

23 employer pursuant to subsection (b) or (c), including a

24 statement of the employee or any other documentation, record,

25 or corroborating evidence, and the fact that the employee has

26 requested or obtained leave pursuant to this Section, shall be

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1 retained in the strictest confidence by the employer, except to

2 the extent that disclosure is:

3 (1) requested or consented to in writing by the

4 employee; or

5 (2) otherwise required by applicable federal or State

6 law.

7 (e) Employment and benefits.

8 (1) Restoration to position.

9 (A) In general. Any employee who takes leave under

10 this Section for the intended purpose of the leave

11 shall be entitled, on return from such leave:

12 (i) to be restored by the employer to the

13 position of employment held by the employee when

14 the leave commenced; or

15 (ii) to be restored to an equivalent position

16 with equivalent employment benefits, pay, and

17 other terms and conditions of employment.

18 (B) Loss of benefits. The taking of leave under

19 this Section shall not result in the loss of any

20 employment benefit accrued prior to the date on which

21 the leave commenced.

22 (C) Limitations. Nothing in this subsection shall

23 be construed to entitle any restored employee to:

24 (i) the accrual of any seniority or employment

25 benefits during any period of leave; or

26 (ii) any right, benefit, or position of

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1 employment other than any right, benefit, or

2 position to which the employee would have been

3 entitled had the employee not taken the leave.

4 (D) Construction. Nothing in this paragraph shall

5 be construed to prohibit an employer from requiring an

6 employee on leave under this Section to report

7 periodically to the employer on the status and

8 intention of the employee to return to work.

9 (2) Maintenance of health benefits.

10 (A) Coverage. Except as provided in subparagraph

11 (B), during any period that an employee takes leave

12 under this Section, the employer shall maintain

13 coverage for the employee and any family or household

14 member under any group health plan for the duration of

15 such leave at the level and under the conditions

16 coverage would have been provided if the employee had

17 continued in employment continuously for the duration

18 of such leave.

19 (B) Failure to return from leave. The employer may

20 recover the premium that the employer paid for

21 maintaining coverage for the employee and the

22 employee's family or household member under such group

23 health plan during any period of leave under this

24 Section if:

25 (i) the employee fails to return from leave

26 under this Section after the period of leave to

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1 which the employee is entitled has expired; and

2 (ii) the employee fails to return to work for a

3 reason other than:

4 (I) the continuation, recurrence, or onset

5 of domesticviolence, sexual violence, or

6 gender violence ~~or sexual violence~~ that

7 entitles the employee to leave pursuant to this

8 Section; or

9 (II) other circumstances beyond the

10 control of the employee.

11 (C) Certification.

12 (i) Issuance. An employer may require an

13 employee who claims that the employee is unable to

14 return to work because of a reason described in

15 subclause (I) or (II) of subparagraph (B)(ii) to

16 provide, within a reasonable period after making

17 the claim, certification to the employer that the

18 employee is unable to return to work because of

19 that reason.

20 (ii) Contents. An employee may satisfy the

21 certification requirement of clause (i) by

22 providing to the employer:

23 (I) a sworn statement of the employee;

24 (II) documentation from an employee,

25 agent, or volunteer of a victim services

26 organization, an attorney, a member of the

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1 clergy, or a medical or other professional from

2 whom the employee has sought assistance in

3 addressing domestic violence, sexual violence,

4 or gender violence ~~or sexual violence~~ and the

5 effects of that violence;

6 (III) a police or court record; or

7 (IV) other corroborating evidence.

8 (D) Confidentiality. All information provided to

9 the employer pursuant to subparagraph (C), including a

10 statement of the employee or any other documentation,

11 record, or corroborating evidence, and the fact that

12 the employee is not returning to work because of a

13 reason described in subclause (I) or (II) of

14 subparagraph (B)(ii) shall be retained in the

15 strictest confidence by the employer, except to the

16 extent that disclosure is:

17 (i) requested or consented to in writing by the

18 employee; or

19 (ii) otherwise required by applicable federal

20 or State law.

21 (f) Prohibited acts.

22 (1) Interference with rights.

23 (A) Exercise of rights. It shall be unlawful for

24 any employer to interfere with, restrain, or deny the

25 exercise of or the attempt to exercise any right

26 provided under this Section.

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1 (B) Employer discrimination. It shall be unlawful

2 for any employer to discharge or harass any individual,

3 or otherwise discriminate against any individual with

4 respect to compensation, terms, conditions, or

5 privileges of employment of the individual (including

6 retaliation in any form or manner) because the

7 individual:

8 (i) exercised any right provided under this

9 Section; or

10 (ii) opposed any practice made unlawful by

11 this Section.

12 (C) Public agency sanctions. It shall be unlawful

13 for any public agency to deny, reduce, or terminate the

14 benefits of, otherwise sanction, or harass any

15 individual, or otherwise discriminate against any

16 individual with respect to the amount, terms, or

17 conditions of public assistance of the individual

18 (including retaliation in any form or manner) because

19 the individual:

20 (i) exercised any right provided under this

21 Section; or

22 (ii) opposed any practice made unlawful by

23 this Section.

24 (2) Interference with proceedings or inquiries. It

25 shall be unlawful for any person to discharge or in any

26 other manner discriminate (as described in subparagraph

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1 (B) or (C) of paragraph (1)) against any individual because

2 such individual:

3 (A) has filed any charge, or has instituted or

4 caused to be instituted any proceeding, under or

5 related to this Section;

6 (B) has given, or is about to give, any information

7 in connection with any inquiry or proceeding relating

8 to any right provided under this Section; or

9 (C) has testified, or is about to testify, in any

10 inquiry or proceeding relating to any right provided

11 under this Section.

12 (Source: P.A. 99-765, eff. 1-1-17.)

13 (820 ILCS 180/25)

14 Sec. 25. Existing leave usable for addressing domestic

15 violence, sexual violence, or gender violence ~~or sexual~~

16 ~~violence~~. An employee who is entitled to take paid or unpaid

17 leave (including family, medical, sick, annual, personal, or

18 similar leave) from employment, pursuant to federal, State, or

19 local law, a collective bargaining agreement, or an employment

20 benefits program or plan, may elect to substitute any period of

21 such leave for an equivalent period of leave provided under

22 Section 20. The employer may not require the employee to

23 substitute available paid or unpaid leave for leave provided

24 under Section 20.

25 (Source: P.A. 96-635, eff. 8-24-09.)

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1 (820 ILCS 180/30)

2 Sec. 30. Victims' employment sustainability; prohibited

3 discriminatory acts.

4 (a) An employer shall not fail to hire, refuse to hire,

5 discharge, constructively discharge, or harass any individual,

6 otherwise discriminate against any individual with respect to

7 the compensation, terms, conditions, or privileges of

8 employment of the individual, or retaliate against an

9 individual in any form or manner, and a public agency shall not

10 deny, reduce, or terminate the benefits of, otherwise sanction,

11 or harass any individual, otherwise discriminate against any

12 individual with respect to the amount, terms, or conditions of

13 public assistance of the individual, or retaliate against an

14 individual in any form or manner, because:

15 (1) the individual involved:

16 (A) is or is perceived to be a victim of domestic

17 violence, sexual violence, or gender violence ~~or~~

18 ~~sexual violence~~;

19 (B) attended, participated in, prepared for, or

20 requested leave to attend, participate in, or prepare

21 for a criminal or civil court proceeding relating to an

22 incident of domesticviolence, sexual violence, or

23 gender violence ~~or sexual violence~~ of which the

24 individual or a family or household member of the

25 individual was a victim, or requested or took leave for

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1 any other reason provided under Section 20;

2 (C) requested an adjustment to a job structure,

3 workplace facility, or work requirement, including a

4 transfer, reassignment, or modified schedule, leave, a

5 changed telephone number or seating assignment,

6 installation of a lock, or implementation of a safety

7 procedure in response to actual or threatened domestic

8 violence, sexual violence, or gender violence ~~or~~

9 ~~sexual violence~~, regardless of whether the request was

10 granted; or

11 (D) is an employee whose employer is subject to

12 Section 21 of the Workplace Violence Prevention Act; or

13 (2) the workplace is disrupted or threatened by the

14 action of a person whom the individual states has committed

15 or threatened to commit domesticviolence, sexual

16 violence, or gender violence ~~or sexual violence~~ against the

17 individual or the individual's family or household member.

18 (b) In this Section:

19 (1) "Discriminate", used with respect to the terms,

20 conditions, or privileges of employment or with respect to

21 the terms or conditions of public assistance, includes not

22 making a reasonable accommodation to the known limitations

23 resulting from circumstances relating to being a victim of

24 domestic violence, sexual violence, or gender violence ~~or~~

25 ~~sexual violence~~ or a family or household member being a

26 victim of domesticviolence, sexual violence, or gender

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1 violence ~~or sexual violence~~ of an otherwise qualified

2 individual:

3 (A) who is:

4 (i) an applicant or employee of the employer

5 (including a public agency); or

6 (ii) an applicant for or recipient of public

7 assistance from a public agency; and

8 (B) who is:

9 (i) a victim of domestic violence, sexual

10 violence, or gender violence ~~a victim of domestic~~

11 ~~or sexual violence~~; or

12 (ii) with a family or household member who is a

13 victim of domesticviolence, sexual violence, or

14 gender violence ~~or sexual violence~~ whose interests

15 are not adverse to the individual in subparagraph

16 (A) as it relates to the domestic violence, sexual

17 violence, or gender violence~~or sexual violence~~;

18 unless the employer or public agency can demonstrate that

19 the accommodation would impose an undue hardship on the

20 operation of the employer or public agency.

21 A reasonable accommodation must be made in a timely

22 fashion. Any exigent circumstances or danger facing the

23 employee or his or her family or household member shall be

24 considered in determining whether the accommodation is

25 reasonable.

26 (2) "Qualified individual" means:

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1 (A) in the case of an applicant or employee

2 described in paragraph (1)(A)(i), an individual who,

3 but for being a victim of domesticviolence, sexual

4 violence, or gender violence ~~or sexual violence~~ or with

5 a family or household member who is a victim of

6 domestic violence, sexual violence, or gender violence

7 ~~or sexual violence~~, can perform the essential

8 functions of the employment position that such

9 individual holds or desires; or

10 (B) in the case of an applicant or recipient

11 described in paragraph (1)(A)(ii), an individual who,

12 but for being a victim of domesticviolence, sexual

13 violence, or gender violence ~~or sexual violence~~ or with

14 a family or household member who is a victim of

15 domestic violence, sexual violence, or gender violence

16 ~~or sexual violence~~, can satisfy the essential

17 requirements of the program providing the public

18 assistance that the individual receives or desires.

19 (3) "Reasonable accommodation" may include an

20 adjustment to a job structure, workplace facility, or work

21 requirement, including a transfer, reassignment, or

22 modified schedule, leave, a changed telephone number or

23 seating assignment, installation of a lock, or

24 implementation of a safety procedure, or assistance in

25 documenting domestic violence, sexual violence, or gender

26 violence ~~or sexual violence~~ that occurs at the workplace or

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1 in work-related settings, in response to actual or

2 threatened domestic violence, sexual violence, or gender

3 violence ~~or sexual violence~~.

4 (4) Undue hardship.

5 (A) In general. "Undue hardship" means an action

6 requiring significant difficulty or expense, when

7 considered in light of the factors set forth in

8 subparagraph (B).

9 (B) Factors to be considered. In determining

10 whether a reasonable accommodation would impose an

11 undue hardship on the operation of an employer or

12 public agency, factors to be considered include:

13 (i) the nature and cost of the reasonable

14 accommodation needed under this Section;

15 (ii) the overall financial resources of the

16 facility involved in the provision of the

17 reasonable accommodation, the number of persons

18 employed at such facility, the effect on expenses

19 and resources, or the impact otherwise of such

20 accommodation on the operation of the facility;

21 (iii) the overall financial resources of the

22 employer or public agency, the overall size of the

23 business of an employer or public agency with

24 respect to the number of employees of the employer

25 or public agency, and the number, type, and

26 location of the facilities of an employer or public

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1 agency; and

2 (iv) the type of operation of the employer or

3 public agency, including the composition,

4 structure, and functions of the workforce of the

5 employer or public agency, the geographic

6 separateness of the facility from the employer or

7 public agency, and the administrative or fiscal

8 relationship of the facility to the employer or

9 public agency.

10 (c) An employer subject to Section 21 of the Workplace

11 Violence Prevention Act shall not violate any provisions of the

12 Workplace Violence Prevention Act.

13 (Source: P.A. 98-766, eff. 7-16-14; 99-78, eff. 7-20-15.)

14 (820 ILCS 180/45)

15 Sec. 45. Effect on other laws and employment benefits.

16 (a) More protective laws, agreements, programs, and plans.

17 Nothing in this Act shall be construed to supersede any

18 provision of any federal, State, or local law, collective

19 bargaining agreement, or employment benefits program or plan

20 that provides:

21 (1) greater leave benefits for victims of domestic

22 violence, sexual violence, or gender violence~~or sexual~~

23 ~~violence~~than the rights established under this Act; or

24 (2) leave benefits for a larger population of victims

25 of domestic violence, sexual violence, or gender violence

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1 ~~or sexual violence~~(as defined in such law, agreement,

2 program, or plan) than the victims of domesticviolence,

3 sexual violence, or gender violence ~~or sexual violence~~

4 covered under this Act.

5 (b) Less protective laws, agreements, programs, and plans.

6 The rights established for employees who are victims of

7 domestic violence, sexual violence, or gender violence ~~or~~

8 ~~sexual violence~~and employees with a family or household member

9 who is a victim of domestic violence, sexual violence, or

10 gender violence ~~or sexual violence~~ under this Act shall not be

11 diminished by any federal, State or local law, collective

12 bargaining agreement, or employment benefits program or plan.

13 (Source: P.A. 93-591, eff. 8-25-03.)

14 Article 5.

15 Section 5-1. Short title. This Article may be cited as the

16 Hotel and Casino Employee Safety Act. References in this

17 Article to "this Act" mean this Article.

18 Section 5-5. Definitions. As used in this Act:

19 "Casino" has the meaning ascribed to the term "riverboat"

20 under the Riverboat Gambling Act.

21 "Casino employer" means any person, business, or

22 organization that holds an owners license pursuant to the

23 Riverboat Gambling Act that operates a casino and either

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1 directly employs or through a subcontractor, including through

2 the services of a temporary staffing agency, exercises

3 direction and control over any natural person who is working on

4 the casino premises.

5 "Complaining employee" means an employee who has alleged an

6 instance of sexual assault or sexual harassment by a guest.

7 "Employee" means any natural person who works full-time or

8 part-time for a hotel employer or casino employer for or under

9 the direction of the hotel employer or casino employer or any

10 subcontractor of the hotel employer or casino employer for

11 wages or salary or remuneration of any type under a contract or

12 subcontract of employment.

13 "Guest" means any invitee to a hotel or casino, including a

14 registered guest, person occupying a guest room with a

15 registered guest or other occupant of a guest room, person

16 patronizing food or beverage facilities provided by the hotel

17 or casino, or any other person whose presence at the hotel or

18 casino is permitted by the hotel or casino. "Guest" does not

19 include an employee.

20 "Guest room" means any room made available by a hotel for

21 overnight occupancy by guests.

22 "Hotel" means any building or buildings maintained,

23 advertised, and held out to the public to be a place where

24 lodging is offered for consideration to travelers and guests.

25 "Hotel" includes an inn, motel, tourist home or court, and

26 lodging house.

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1 "Hotel employer" means any person, business entity, or

2 organization that operates a hotel and either directly employs

3 or through a subcontractor, including through the services of a

4 temporary staffing agency, exercises direction and control

5 over any natural person who is working on the hotel premises

6 and employed in furtherance of the hotel's provision of lodging

7 to travelers and guests.

8 "Notification device" or "safety device" means a portable

9 emergency contact device, supplied by the hotel employer or

10 casino employer, that utilizes technology that the hotel

11 employer or casino employer deems appropriate for the hotel's

12 or casino's size, physical layout, and technological

13 capabilities and that is designed so that an employee can

14 quickly and easily activate the device to alert a hotel or

15 casino security officer, manager, or other appropriate hotel or

16 casino staff member designated by the hotel or casino and

17 effectively summon to the employee's location prompt

18 assistance by a hotel or casino security officer, manager, or

19 other appropriate hotel or casino staff member designated by

20 the hotel or casino.

21 "Offending guest" means a guest a complaining employee has

22 alleged sexually assaulted or sexually harassed the

23 complaining employee.

24 "Restroom" means any room equipped with toilets or urinals.

25 "Sexual assault" means: (1) an act of sexual conduct, as

26 defined in Section 11-0.1 of the Criminal Code of 2012; or (2)

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1 any act of sexual penetration, as defined in Section 11-0.1 of

2 the Criminal Code of 2012 and includes, without limitation,

3 acts prohibited under Sections 11-1.20 through 11-1.60 of the

4 Criminal Code of 2012.

5 "Sexual harassment" means any harassment or discrimination

6 on the basis of an individual's actual or perceived sex or

7 gender, including unwelcome sexual advances, requests for

8 sexual favors, or other verbal or physical conduct of a sexual

9 nature.

10 Section 5-10. Hotels and casinos; safety devices;

11 anti-sexual harassment policies.

12 (a) Each hotel and casino shall equip an employee who is

13 assigned to work in a guest room, restroom, or casino floor,

14 under circumstances where no other employee is present in the

15 room or area, with a safety device or notification device. The

16 employee may use the safety device or notification device to

17 summon help if the employee reasonably believes that an ongoing

18 crime, sexual harassment, sexual assault, or other emergency is

19 occurring in the employee's presence. The safety device or

20 notification device shall be provided by the hotel or casino at

21 no cost to the employee.

22 (b) Each hotel employer and casino employer shall develop,

23 maintain, and comply with a written anti-sexual harassment

24 policy to protect employees against sexual assault and sexual

25 harassment by guests. This policy shall:

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1 (1) encourage an employee to immediately report to the

2 hotel employer or casino employer any instance of alleged

3 sexual assault or sexual harassment by a guest;

4 (2) describe the procedures that the complaining

5 employee and hotel employer or casino employer shall follow

6 in cases under paragraph (1);

7 (3) instruct the complaining employee to cease work and

8 to leave the immediate area where danger is perceived until

9 hotel or casino security personnel or police arrive to

10 provide assistance;

11 (4) offer temporary work assignments to the

12 complaining employee during the duration of the offending

13 guest's stay at the hotel or casino, which may include

14 assigning the complaining employee to work on a different

15 floor or at a different station or work area away from the

16 offending guest;

17 (5) provide the complaining employee with necessary

18 paid time off to:

19 (A) file a police report or criminal complaint with

20 the appropriate local authorities against the

21 offending guest; and

22 (B) if so required, testify as a witness at any

23 legal proceeding that may ensue as a result of the

24 criminal complaint filed against the offending guest,

25 if the complaining employee is still in the employ of

26 the hotel or casino at the time the legal proceeding

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1 occurs;

2 (6) inform the complaining employee that the Illinois

3 Human Rights Act and Title VII of the Civil Rights Act of

4 1964 provide additional protections against sexual

5 harassment in the workplace; and

6 (7) inform the complaining employee that Section 15

7 makes it illegal for an employer to retaliate against any

8 employee who: reasonably uses a safety device or

9 notification device; in good faith avails himself or

10 herself of the requirements set forth in paragraph (3),

11 (4), or (5); or discloses, reports, or testifies about any

12 violation of this Act or rules adopted under this Act.

13 Each hotel employer and casino employer shall provide all

14 employees with a current copy in English and Spanish of the

15 hotel employer's or casino employer's anti-sexual harassment

16 policy and post the policy in English and Spanish in

17 conspicuous places in areas of the hotel or casino, such as

18 supply rooms or employee lunch rooms, where employees can

19 reasonably be expected to see it. Each hotel employer and

20 casino employer shall also make all reasonable efforts to

21 provide employees with a current copy of its written

22 anti-sexual harassment policy in any language other than

23 English and Spanish that, in its sole discretion, is spoken by

24 a predominant portion of its employees.

25 Section 5-15. Retaliation prohibited. It is unlawful for a

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1 hotel employer or casino employer to retaliate against an

2 employee for:

3 (1) reasonably using a safety device or notification

4 device;

5 (2) availing himself or herself of the provisions of

6 paragraph (3), (4), or (5) of subsection (b) of Section 10;

7 or

8 (3) disclosing, reporting, or testifying about any

9 violation of this Act or any rule adopted under this Act.

10 Section 5-20. Violations. An employee or representative of

11 employees claiming a violation of this Act may bring an action

12 against the hotel employer or casino employer in the circuit

13 court of the county in which the hotel or casino is located and

14 is entitled to all remedies available under the law or in

15 equity appropriate to remedy any such violation, including, but

16 not limited to, injunctive relief or other equitable relief

17 including reinstatement and compensatory damages. Before a

18 representative of employees may bring a claim under this Act,

19 the representative must first notify the hotel employer or

20 casino employer in writing of the alleged violation under this

21 Act and allow the hotel employer or casino employer 15 calendar

22 days to remedy the alleged violation. An employee or

23 representative of employees that successfully brings a claim

24 under this Act shall be awarded reasonable attorney's fees and

25 costs. An award of economic damages shall not exceed $350 for

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1 each violation. Each day that a violation continues constitutes

2 a separate violation.

3 Article 6.

4 Section 6-5. The Illinois Governmental Ethics Act is

5 amended by changing Sections 4A-101, 4A-102, 4A-105, 4A-106,

6 4A-107, and 4A-108 and by adding Sections 4A-101.5 and 4A-106.5

7 as follows:

8 (5 ILCS 420/4A-101) (from Ch. 127, par. 604A-101)

9 Sec. 4A-101. Persons required to file with the Secretary of

10 State. The following persons shall file verified written

11 statements of economic interests with the Secretary of State,

12 as provided in this Article:

13 (a) Members of the General Assembly and candidates for

14 nomination or election to the General Assembly.

15 (b) Persons holding an elected office in the Executive

16 Branch of this State, and candidates for nomination or

17 election to these offices.

18 (c) Members of a Commission or Board created by the

19 Illinois Constitution, and candidates for nomination or

20 election to such Commission or Board.

21 (d) Persons whose appointment to office is subject to

22 confirmation by the Senate and persons appointed by the

23 Governor to any other position on a board or commission

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1 described in subsection (a) of Section 15 of the

2 Gubernatorial Boards and Commissions Act.

3 (e) Holders of, and candidates for nomination or

4 election to, the office of judge or associate judge of the

5 Circuit Court and the office of judge of the Appellate or

6 Supreme Court.

7 (f) Persons who are employed by any branch, agency,

8 authority or board of the government of this State,

9 including but not limited to, the Illinois State Toll

10 Highway Authority, the Illinois Housing Development

11 Authority, the Illinois Community College Board, and

12 institutions under the jurisdiction of the Board of

13 Trustees of the University of Illinois, Board of Trustees

14 of Southern Illinois University, Board of Trustees of

15 Chicago State University, Board of Trustees of Eastern

16 Illinois University, Board of Trustees of Governors

17 ~~Governor's~~ State University, Board of Trustees of Illinois

18 State University, Board of Trustees of Northeastern

19 Illinois University, Board of Trustees of Northern

20 Illinois University, Board of Trustees of Western Illinois

21 University, or Board of Trustees of the Illinois

22 Mathematics and Science Academy, and are compensated for

23 services as employees and not as independent contractors

24 and who:

25 (1) are, or function as, the head of a department,

26 commission, board, division, bureau, authority or

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1 other administrative unit within the government of

2 this State, or who exercise similar authority within

3 the government of this State;

4 (2) have direct supervisory authority over, or

5 direct responsibility for the formulation,

6 negotiation, issuance or execution of contracts

7 entered into by the State in the amount of $5,000 or

8 more;

9 (3) have authority for the issuance or

10 promulgation of rules and regulations within areas

11 under the authority of the State;

12 (4) have authority for the approval of

13 professional licenses;

14 (5) have responsibility with respect to the

15 financial inspection of regulated nongovernmental

16 entities;

17 (6) adjudicate, arbitrate, or decide any judicial

18 or administrative proceeding, or review the

19 adjudication, arbitration or decision of any judicial

20 or administrative proceeding within the authority of

21 the State;

22 (7) have supervisory responsibility for 20 or more

23 employees of the State;

24 (8) negotiate, assign, authorize, or grant naming

25 rights or sponsorship rights regarding any property or

26 asset of the State, whether real, personal, tangible,

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1 or intangible; or

2 (9) have responsibility with respect to the

3 procurement of goods or services.

4 (f-5) Members of the board of commissioners of any

5 flood prevention district created under the Flood

6 Prevention District Act or the Beardstown Regional Flood

7 Prevention District Act.

8 (g) (Blank). ~~Persons who are elected to office in a~~

9 ~~unit of local government, and candidates for nomination or~~

10 ~~election to that office, including regional~~

11 ~~superintendents of school districts.~~

12 (h) (Blank). ~~Persons appointed to the governing board~~

13 ~~of a unit of local government, or of a special district,~~

14 ~~and persons appointed to a zoning board, or zoning board of~~

15 ~~appeals, or to a regional, county, or municipal plan~~

16 ~~commission, or to a board of review of any county, and~~

17 ~~persons appointed to the Board of the Metropolitan Pier and~~

18 ~~Exposition Authority and any Trustee appointed under~~

19 ~~Section 22 of the Metropolitan Pier and Exposition~~

20 ~~Authority Act, and persons appointed to a board or~~

21 ~~commission of a unit of local government who have authority~~

22 ~~to authorize the expenditure of public funds. This~~

23 ~~subsection does not apply to members of boards or~~

24 ~~commissions who function in an advisory capacity.~~

25 (i) (Blank). ~~Persons who are employed by a unit of~~

26 ~~local government and are compensated for services as~~

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1 ~~employees and not as independent contractors and who:~~

2 ~~(1) are, or function as, the head of a department,~~

3 ~~division, bureau, authority or other administrative~~

4 ~~unit within the unit of local government, or who~~

5 ~~exercise similar authority within the unit of local~~

6 ~~government;~~

7 ~~(2) have direct supervisory authority over, or~~

8 ~~direct responsibility for the formulation,~~

9 ~~negotiation, issuance or execution of contracts~~

10 ~~entered into by the unit of local government in the~~

11 ~~amount of $1,000 or greater;~~

12 ~~(3) have authority to approve licenses and permits~~

13 ~~by the unit of local government; this item does not~~

14 ~~include employees who function in a ministerial~~

15 ~~capacity;~~

16 ~~(4) adjudicate, arbitrate, or decide any judicial~~

17 ~~or administrative proceeding, or review the~~

18 ~~adjudication, arbitration or decision of any judicial~~

19 ~~or administrative proceeding within the authority of~~

20 ~~the unit of local government;~~

21 ~~(5) have authority to issue or promulgate rules and~~

22 ~~regulations within areas under the authority of the~~

23 ~~unit of local government; or~~

24 ~~(6) have supervisory responsibility for 20 or more~~

25 ~~employees of the unit of local government.~~

26 (j) Persons on the Board of Trustees of the Illinois

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1 Mathematics and Science Academy.

2 (k) (Blank). ~~Persons employed by a school district in~~

3 ~~positions that require that person to hold an~~

4 ~~administrative or a chief school business official~~

5 ~~endorsement.~~

6 (l) Special government agents. A "special government

7 agent" is a person who is directed, retained, designated,

8 appointed, or employed, with or without compensation, by or

9 on behalf of a statewide executive branch constitutional

10 officer to make an ex parte communication under Section

11 5-50 of the State Officials and Employees Ethics Act or

12 Section 5-165 of the Illinois Administrative Procedure

13 Act.

14 (m) (Blank). ~~Members of the board of commissioners of~~

15 ~~any flood prevention district created under the Flood~~

16 ~~Prevention District Act or the Beardstown Regional Flood~~

17 ~~Prevention District Act.~~

18 (n) Members of the board of any retirement system or

19 investment board established under the Illinois Pension

20 Code, if not required to file under any other provision of

21 this Section.

22 (o) (Blank). ~~Members of the board of any pension fund~~

23 ~~established under the Illinois Pension Code, if not~~

24 ~~required to file under any other provision of this Section.~~

25 (p) Members of the investment advisory panel created

26 under Section 20 of the Illinois Prepaid Tuition Act.

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1 This Section shall not be construed to prevent any unit of

2 local government from enacting financial disclosure

3 requirements that mandate more information than required by

4 this Act.

5 (Source: P.A. 96-6, eff. 4-3-09; 96-543, eff. 8-17-09; 96-555,

6 eff. 8-18-09; 96-1000, eff. 7-2-10; 97-309, eff. 8-11-11;

7 97-754, eff. 7-6-12; revised 10-10-18.)

8 (5 ILCS 420/4A-101.5 new)

9 Sec. 4A-101.5. Persons required to file with the county

10 clerk. The following persons shall file verified written

11 statements of economic interests with the county clerk, as

12 provided in this Article:

13 (a) Persons who are elected to office in a unit of local

14 government, and candidates for nomination or election to that

15 office, including regional superintendents of school

16 districts.

17 (b) Persons appointed to the governing board of a unit of

18 local government, or of a special district, and persons

19 appointed to a zoning board, or zoning board of appeals, or to

20 a regional, county, or municipal plan commission, or to a board

21 of review of any county, and persons appointed to the Board of

22 the Metropolitan Pier and Exposition Authority and any Trustee

23 appointed under Section 22 of the Metropolitan Pier and

24 Exposition Authority Act, and persons appointed to a board or

25 commission of a unit of local government who have authority to

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1 authorize the expenditure of public funds. This subsection (b)

2 does not apply to members of boards or commissions who function

3 in an advisory capacity.

4 (c) Persons who are employed by a unit of local government

5 and are compensated for services as employees and not as

6 independent contractors, and who:

7 (1) are, or function as, the head of a department,

8 division, bureau, authority, or other administrative unit

9 within the unit of local government, or who exercise

10 similar authority within the unit of local government;

11 (2) have direct supervisory authority over, or direct

12 responsibility for the formulation, negotiation, issuance,

13 or execution of contracts entered into by the unit of local

14 government in the amount of $1,000 or greater;

15 (3) have authority to approve licenses and permits by

16 the unit of local government, but not including employees

17 who function in a ministerial capacity;

18 (4) adjudicate, arbitrate, or decide any judicial or

19 administrative proceeding, or review the adjudication,

20 arbitration, or decision of any judicial or administrative

21 proceeding within the authority of the unit of local

22 government;

23 (5) have authority to issue or adopt rules and

24 regulations within areas under the authority of the unit of

25 local government; or

26 (6) have supervisory responsibility for 20 or more

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1 employees of the unit of local government.

2 (d) Persons employed by a school district in positions that

3 require that person to hold an administrative or a chief school

4 business official endorsement.

5 (e) Members of the board of any pension fund established

6 under the Illinois Pension Code, if not required to file under

7 any other provision of this Section.

8 (5 ILCS 420/4A-102) (from Ch. 127, par. 604A-102)

9 Sec. 4A-102. The statement of economic interests required

10 by this Article shall include the economic interests of the

11 person making the statement as provided in this Section. The

12 interest (if constructively controlled by the person making the

13 statement) of a spouse or any other party, shall be considered

14 to be the same as the interest of the person making the

15 statement. Campaign receipts shall not be included in this

16 statement.

17 (a) The following interests shall be listed by all

18 persons required to file:

19 (1) The name, address and type of practice of any

20 professional organization or individual professional

21 practice in which the person making the statement was

22 an officer, director, associate, partner or

23 proprietor, or served in any advisory capacity, from

24 which income in excess of $1200 was derived during the

25 preceding calendar year;

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1 (2) The nature of professional services (other

2 than services rendered to the unit or units of

3 government in relation to which the person is required

4 to file) and the nature of the entity to which they

5 were rendered if fees exceeding $5,000 were received

6 during the preceding calendar year from the entity for

7 professional services rendered by the person making

8 the statement.

9 (3) The identity (including the address or legal

10 description of real estate) of any capital asset from

11 which a capital gain of $5,000 or more was realized in

12 the preceding calendar year.

13 (4) The name of any unit of government which has

14 employed the person making the statement during the

15 preceding calendar year other than the unit or units of

16 government in relation to which the person is required

17 to file.

18 (5) The name of any entity from which a gift or

19 gifts, or honorarium or honoraria, valued singly or in

20 the aggregate in excess of $500, was received during

21 the preceding calendar year.

22 (b) The following interests shall also be listed by

23 persons listed in items (a) through (f), item (l), item

24 (n), and item (p) of Section 4A-101:

25 (1) The name and instrument of ownership in any

26 entity doing business in the State of Illinois, in

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1 which an ownership interest held by the person at the

2 date of filing is in excess of $5,000 fair market value

3 or from which dividends of in excess of $1,200 were

4 derived during the preceding calendar year. (In the

5 case of real estate, location thereof shall be listed

6 by street address, or if none, then by legal

7 description). No time or demand deposit in a financial

8 institution, nor any debt instrument need be listed;

9 (2) Except for professional service entities, the

10 name of any entity and any position held therein from

11 which income of in excess of $1,200 was derived during

12 the preceding calendar year, if the entity does

13 business in the State of Illinois. No time or demand

14 deposit in a financial institution, nor any debt

15 instrument need be listed.

16 (3) The identity of any compensated lobbyist with

17 whom the person making the statement maintains a close

18 economic association, including the name of the

19 lobbyist and specifying the legislative matter or

20 matters which are the object of the lobbying activity,

21 and describing the general type of economic activity of

22 the client or principal on whose behalf that person is

23 lobbying.

24 (c) The following interests shall also be listed by

25 persons listed in items(a) through (c) and item (e) ~~(g),~~

26 ~~(h), (i), and (o)~~ of Section 4A-101.5 ~~4A-101~~:

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1 (1) The name and instrument of ownership in any

2 entity doing business with a unit of local government

3 in relation to which the person is required to file if

4 the ownership interest of the person filing is greater

5 than $5,000 fair market value as of the date of filing

6 or if dividends in excess of $1,200 were received from

7 the entity during the preceding calendar year. (In the

8 case of real estate, location thereof shall be listed

9 by street address, or if none, then by legal

10 description). No time or demand deposit in a financial

11 institution, nor any debt instrument need be listed.

12 (2) Except for professional service entities, the

13 name of any entity and any position held therein from

14 which income in excess of $1,200 was derived during the

15 preceding calendar year if the entity does business

16 with a unit of local government in relation to which

17 the person is required to file. No time or demand

18 deposit in a financial institution, nor any debt

19 instrument need be listed.

20 (3) The name of any entity and the nature of the

21 governmental action requested by any entity which has

22 applied to a unit of local government in relation to

23 which the person must file for any license, franchise

24 or permit for annexation, zoning or rezoning of real

25 estate during the preceding calendar year if the

26 ownership interest of the person filing is in excess of

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1 $5,000 fair market value at the time of filing or if

2 income or dividends in excess of $1,200 were received

3 by the person filing from the entity during the

4 preceding calendar year.

5 For the purposes of this Section, the unit of local

6 government in relation to which a person required to file under

7 item (e) ~~(o)~~ of Section 4A-101.5 ~~4A-101~~ shall be the unit of

8 local government that contributes to the pension fund of which

9 such person is a member of the board.

10 (Source: P.A. 96-6, eff. 4-3-09; 97-754, eff. 7-6-12.)

11 (5 ILCS 420/4A-105) (from Ch. 127, par. 604A-105)

12 Sec. 4A-105. Time for filing. Except as provided in

13 Section 4A-106.1, by May 1 of each year a statement must be

14 filed by each person whose position at that time subjects him

15 to the filing requirements of Section 4A-101or 4A-101.5 unless

16 he has already filed a statement in relation to the same unit

17 of government in that calendar year.

18 Statements must also be filed as follows:

19 (a) A candidate for elective office shall file his

20 statement not later than the end of the period during which

21 he can take the action necessary under the laws of this

22 State to attempt to qualify for nomination, election, or

23 retention to such office if he has not filed a statement in

24 relation to the same unit of government within a year

25 preceding such action.

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1 (b) A person whose appointment to office is subject to

2 confirmation by the Senate shall file his statement at the

3 time his name is submitted to the Senate for confirmation.

4 (b-5) A special government agent, as defined in item

5 (1) of Section 4A-101 of this Act, shall file a statement

6 within 30 days after making the first ex parte

7 communication and each May 1 thereafter if he or she has

8 made an ex parte communication within the previous 12

9 months.

10 (c) Any other person required by this Article to file

11 the statement shall file a statement at the time of his or

12 her initial appointment or employment in relation to that

13 unit of government if appointed or employed by May 1.

14 If any person who is required to file a statement of

15 economic interests fails to file such statement by May 1 of any

16 year, the officer with whom such statement is to be filed under

17 Section 4A-106 or 4A-106.5of this Act shall, within 7 days

18 after May 1, notify such person by certified mail of his or her

19 failure to file by the specified date. Except as may be

20 prescribed by rule of the Secretary of State, such person shall

21 file his or her statement of economic interests on or before

22 May 15 with the appropriate officer, together with a $15 late

23 filing fee. Any such person who fails to file by May 15 shall

24 be subject to a penalty of $100 for each day from May 16 to the

25 date of filing, which shall be in addition to the $15 late

26 filing fee specified above. Failure to file by May 31 shall

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1 result in a forfeiture in accordance with Section 4A-107 of

2 this Act.

3 Any person who takes office or otherwise becomes required

4 to file a statement of economic interests within 30 days prior

5 to May 1 of any year may file his or her statement at any time

6 on or before May 31 without penalty. If such person fails to

7 file such statement by May 31, the officer with whom such

8 statement is to be filed under Section 4A-106 or 4A-106.5of

9 this Act shall, within 7 days after May 31, notify such person

10 by certified mail of his or her failure to file by the

11 specified date. Such person shall file his or her statement of

12 economic interests on or before June 15 with the appropriate

13 officer, together with a $15 late filing fee. Any such person

14 who fails to file by June 15 shall be subject to a penalty of

15 $100 per day for each day from June 16 to the date of filing,

16 which shall be in addition to the $15 late filing fee specified

17 above. Failure to file by June 30 shall result in a forfeiture

18 in accordance with Section 4A-107 of this Act.

19 All late filing fees and penalties collected pursuant to

20 this Section shall be paid into the General Revenue Fund in the

21 State treasury, if the Secretary of State receives such

22 statement for filing, or into the general fund in the county

23 treasury, if the county clerk receives such statement for

24 filing. The Attorney General, with respect to the State, and

25 the several State's Attorneys, with respect to counties, shall

26 take appropriate action to collect the prescribed penalties.

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1 Failure to file a statement of economic interests within

2 the time prescribed shall not result in a fine or ineligibility

3 for, or forfeiture of, office or position of employment, as the

4 case may be; provided that the failure to file results from not

5 being included for notification by the appropriate agency,

6 clerk, secretary, officer or unit of government, as the case

7 may be, and that a statement is filed within 30 days of actual

8 notice of the failure to file.

9 Beginning with statements required to be filed on or after

10 May 1, 2009, the officer with whom a statement is to be filed

11 may, in his or her discretion, waive the late filing fee, the

12 monetary late filing penalty, and the ineligibility for or

13 forfeiture of office or position for failure to file when the

14 person's late filing of a statement or failure to file a

15 statement is due to his or her (i) serious or catastrophic

16 illness that renders the person temporarily incapable of

17 completing the statement or (ii) military service.

18 (Source: P.A. 96-550, eff. 8-17-09.)

19 (5 ILCS 420/4A-106) (from Ch. 127, par. 604A-106)

20 Sec. 4A-106. Persons filing statements with Secretary of

21 State; notice; certification of list of names; alphabetical

22 list; receipt; examination and copying of statements. The

23 statements of economic interests required of persons listed in

24 ~~items (a) through (f), item (j), item (l), item (n), and item~~

25 ~~(p) of~~Section 4A-101 shall be filed with the Secretary of

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1 State. ~~The statements of economic interests required of persons~~

2 ~~listed in items (g), (h), (i), (k), and (o) of Section 4A-101~~

3 ~~shall be filed with the county clerk of the county in which the~~

4 ~~principal office of the unit of local government with which the~~

5 ~~person is associated is located. If it is not apparent which~~

6 ~~county the principal office of a unit of local government is~~

7 ~~located, the chief administrative officer, or his or her~~

8 ~~designee, has the authority, for purposes of this Act, to~~

9 ~~determine the county in which the principal office is located.~~

10 On or before February 1 annually,~~(1)~~ the chief administrative

11 officer of any State agency in the executive, legislative, or

12 judicial branch employing persons required to file under item

13 (f) or item (l) of Section 4A-101 and the chief administrative

14 officer of a board or panel described in item (n) or (p) of

15 Section 4A-101 shall certify to the Secretary of State the

16 names and mailing addresses of those persons~~, and (2) the chief~~

17 ~~administrative officer, or his or her designee, of each unit of~~

18 ~~local government with persons described in items (h), (i) and~~

19 ~~(k) and a board described in item (o) of Section 4A-101 shall~~

20 ~~certify to the appropriate county clerk a list of names and~~

21 ~~addresses of persons described in items (h), (i), (k), and (o)~~

22 ~~of Section 4A-101 that are required to file~~. In preparing the

23 lists, each chief administrative officer, or his or her

24 designee, shall set out the names in alphabetical order.

25 On or before April 1 annually, the Secretary of State shall

26 notify (1) all persons whose names have been certified to him

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1 under items (f), (l), (n), and (p) of Section 4A-101, and (2)

2 all persons described in items (a) through (e) and item (j) of

3 Section 4A-101, other than candidates for office who have filed

4 their statements with their nominating petitions, of the

5 requirements for filing statements of economic interests. A

6 person required to file with the Secretary of State by virtue

7 of more than oneposition as listed in Section 4A-101, and

8 filing his or her statement of economic interests in writing,

9 rather than through the Internet-based system, ~~item among items~~

10 ~~(a) through (f) and items (j), (l), (n), and (p)~~shall be

11 notified of and is required to file only one statement of

12 economic interests relating to all items under which the person

13 is required to file with the Secretary of State.

14 ~~On or before April 1 annually, the county clerk of each~~

15 ~~county shall notify all persons whose names have been certified~~

16 ~~to him under items (g), (h), (i), (k), and (o) of Section~~

17 ~~4A-101, other than candidates for office who have filed their~~

18 ~~statements with their nominating petitions, of the~~

19 ~~requirements for filing statements of economic interests. A~~

20 ~~person required to file with a county clerk by virtue of more~~

21 ~~than one item among items (g), (h), (i), (k), and (o) shall be~~

22 ~~notified of and is required to file only one statement of~~

23 ~~economic interests relating to all items under which the person~~

24 ~~is required to file with that county clerk.~~

25 Except as provided in Section 4A-106.1, the notices

26 provided for in this Section shall be in writing and deposited

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1 in the U.S. Mail, properly addressed, first class postage

2 prepaid, on or before the day required by this Section for the

3 sending of the notice. ~~Alternatively, a county clerk may send~~

4 ~~the notices electronically to all persons whose names have been~~

5 ~~thus certified to him under item (h), (i), or (k) of Section~~

6 ~~4A-101.~~A certificate executed by the Secretary of State~~or~~

7 ~~county clerk~~attesting that he or she has sent the notice by

8 the means permitted by this Section constitutes prima facie

9 evidence thereof.

10 ~~From the lists certified to him under this Section of~~

11 ~~persons described in items (g), (h), (i), (k), and (o) of~~

12 ~~Section 4A-101, the clerk of each county shall compile an~~

13 ~~alphabetical listing of persons required to file statements of~~

14 ~~economic interests in his office under any of those items. As~~

15 ~~the statements are filed in his office, the county clerk shall~~

16 ~~cause the fact of that filing to be indicated on the~~

17 ~~alphabetical listing of persons who are required to file~~

18 ~~statements. Within 30 days after the due dates, the county~~

19 ~~clerk shall mail to the State Board of Elections a true copy of~~

20 ~~that listing showing those who have filed statements.~~

21 ~~The county clerk of each county shall note upon the~~

22 ~~alphabetical listing the names of all persons required to file~~

23 ~~a statement of economic interests who failed to file a~~

24 ~~statement on or before May 1. It shall be the duty of the~~

25 ~~several county clerks to give notice as provided in Section~~

26 ~~4A-105 to any person who has failed to file his or her~~

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1 ~~statement with the clerk on or before May 1.~~

2 Any person who files or has filed a statement of economic

3 interest under thisSection ~~Act~~ is entitled to receive from the

4 Secretary of State ~~or county clerk, as the case may be,~~ a

5 receipt indicating that the person has filed such a statement,

6 the date of such filing, and the identity of the governmental

7 unit or units in relation to which the filing is required.

8 The Secretary of State may employ such employees and

9 consultants as he considers necessary to carry out his duties

10 hereunder, and may prescribe their duties, fix their

11 compensation, and provide for reimbursement of their expenses.

12 All statements of economic interests filed under this

13 Section shall be available for examination and copying by the

14 public at all reasonable times. Not later than 12 months after

15 the effective date of this amendatory Act of the 93rd General

16 Assembly, beginning with statements filed in calendar year

17 2004, the Secretary of State shall make statements of economic

18 interests filed with the Secretary available for inspection and

19 copying via the Secretary's website.

20 (Source: P.A. 96-6, eff. 4-3-09; 96-1336, eff. 1-1-11; 97-754,

21 eff. 7-6-12.)

22 (5 ILCS 420/4A-106.5 new)

23 Sec. 4A-106.5. Persons filing statements with county

24 clerk; notice; certification of list of names; alphabetical

25 list; receipt; examination and copying of statements. The

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1 statements of economic interests required of persons listed in

2 Section 4A-101.5 shall be filed with the county clerk of the

3 county in which the principal office of the unit of local

4 government with which the person is associated is located. If

5 it is not apparent which county the principal office of a unit

6 of local government is located, the chief administrative

7 officer, or his or her designee, has the authority, for

8 purposes of this Act, to determine the county in which the

9 principal office is located. The chief administrative officer,

10 or his or her designee, of each unit of local government with

11 persons described in Section 4A-101.5 shall certify to the

12 appropriate county clerk a list of names and addresses of

13 persons that are required to file. In preparing the lists, each

14 chief administrative officer, or his or her designee, shall set

15 out the names in alphabetical order.

16 On or before April 1 annually, the county clerk of each

17 county shall notify all persons whose names have been certified

18 to him under Section 4A-101.5, other than candidates for office

19 who have filed their statements with their nominating

20 petitions, of the requirements for filing statements of

21 economic interests. A person required to file with a county

22 clerk by virtue of more than one item among items set forth in

23 Section 4A-101.5 shall be notified of and is required to file

24 only one statement of economic interests relating to all items

25 under which the person is required to file with that county

26 clerk.

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1 Except as provided in Section 4A-106.1, the notices

2 provided for in this Section shall be in writing and deposited

3 in the U.S. Mail, properly addressed, first class postage

4 prepaid, on or before the day required by this Section for the

5 sending of the notice. Alternatively, a county clerk may send

6 the notices electronically to all persons whose names have been

7 thus certified to him. A certificate executed by a county clerk

8 attesting that he or she has sent the notice by the means

9 permitted by this Section constitutes prima facie evidence

10 thereof.

11 From the lists certified to him or her under this Section

12 of persons described in Section 4A-101.5, the clerk of each

13 county shall compile an alphabetical listing of persons

14 required to file statements of economic interests in his or her

15 office under any of those items. As the statements are filed in

16 his or her office, the county clerk shall cause the fact of

17 that filing to be indicated on the alphabetical listing of

18 persons who are required to file statements. Within 30 days

19 after the due dates, the county clerk shall mail to the State

20 Board of Elections a true copy of that listing showing those

21 who have filed statements.

22 The county clerk of each county shall note upon the

23 alphabetical listing the names of all persons required to file

24 a statement of economic interests who failed to file a

25 statement on or before May 1. It shall be the duty of the

26 several county clerks to give notice as provided in Section

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1 4A-105 to any person who has failed to file his or her

2 statement with the clerk on or before May 1.

3 Any person who files or has filed a statement of economic

4 interest under this Section is entitled to receive from the

5 county clerk a receipt indicating that the person has filed

6 such a statement, the date of filing, and the identity of the

7 governmental unit or units in relation to which the filing is

8 required.

9 All statements of economic interests filed under this

10 Section shall be available for examination and copying by the

11 public at all reasonable times.

12 (5 ILCS 420/4A-107) (from Ch. 127, par. 604A-107)

13 Sec. 4A-107. Any person required to file a statement of

14 economic interests under this Article who willfully files a

15 false or incomplete statement shall be guilty of a Class A

16 misdemeanor.

17 Except when the fees and penalties for late filing have

18 been waived under Section 4A-105, failure to file a statement

19 within the time prescribed shall result in ineligibility for,

20 or forfeiture of, office or position of employment, as the case

21 may be; provided, however, that if the notice of failure to

22 file a statement of economic interests provided in Section

23 4A-105 of this Act is not given by the Secretary of State or

24 the county clerk, as the case may be, no forfeiture shall

25 result if a statement is filed within 30 days of actual notice

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1 of the failure to file. The Secretary of State shall provide

2 the Attorney General with the names of persons who failed to

3 file a statement. The county clerk shall provide the State's

4 Attorney of the county of the entity for which the filing of

5 statement of economic interest is required with the name of

6 persons who failed to file a statement.

7 The Attorney General, with respect to offices or positions

8 described in items (a) through (f) and items (j), (l), (n), and

9 (p) of Section 4A-101 of this Act, or the State's Attorney of

10 the county of the entity for which the filing of statements of

11 economic interests is required, with respect to offices or

12 positions described in items(a) through (e) ~~(g) through (i),~~

13 ~~item (k), and item (o)~~of Section4A-101.5~~4A-101 of this Act~~,

14 shall bring an action in quo warranto against any person who

15 has failed to file by either May 31 or June 30 of any given year

16 and for whom the fees and penalties for late filing have not

17 been waived under Section 4A-105.

18 (Source: P.A. 96-6, eff. 4-3-09; 96-550, eff. 8-17-09; 96-1000,

19 eff. 7-2-10; 97-754, eff. 7-6-12.)

20 (5 ILCS 420/4A-108)

21 Sec. 4A-108. Internet-based systems of filing.

22 (a) Notwithstanding any other provision of this Act or any

23 other law, the Secretary of State and county clerks are

24 authorized to institute an Internet-based system for the filing

25 of statements of economic interests in their offices. With

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1 respect to county clerk systems, the determination to institute

2 such a system shall be in the sole discretion of the county

3 clerk and shall meet the requirements set out in this Section.

4 With respect to a Secretary of State system, the determination

5 to institute such a system shall be in the sole discretion of

6 the Secretary of State and shall meet the requirements set out

7 in this Section and those Sections of the State Officials and

8 Employees Ethics Act requiring ethics officer review prior to

9 filing. The system shall be capable of allowing an ethics

10 officer to approve a statement of economic interests and shall

11 include a means to amend a statement of economic interests.

12 When this Section does not modify or remove the requirements

13 set forth elsewhere in this Article, those requirements shall

14 apply to any system of Internet-based filing authorized by this

15 Section. When this Section does modify or remove the

16 requirements set forth elsewhere in this Article, the

17 provisions of this Section shall apply to any system of

18 Internet-based filing authorized by this Section.

19 (b) In any system of Internet-based filing of statements of

20 economic interests instituted by the Secretary of State or a

21 county clerk:

22 (1) Any filing of an Internet-based statement of

23 economic interests shall be the equivalent of the filing of

24 a verified, written statement of economic interests as

25 required by Section 4A-101 or 4A-101.5 and the equivalent

26 of the filing of a verified, dated, and signed statement of

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1 economic interests as required by Section 4A-104.

2 (2) The Secretary of State and county clerks who

3 institute a system of Internet-based filing of statements

4 of economic interests shall establish a password-protected

5 website to receive the filings of such statements. A

6 website established under this Section shall set forth and

7 provide a means of responding to the items set forth in

8 Section 4A-102 that are required of a person who files a

9 statement of economic interests with that officer. A

10 website established under this Section shall set forth and

11 provide a means of generating a printable receipt page

12 acknowledging filing.

13 (3) The times for the filing of statements of economic

14 interests set forth in Section 4A-105 shall be followed in

15 any system of Internet-based filing of statements of

16 economic interests; provided that a candidate for elective

17 office who is required to file a statement of economic

18 interests in relation to his or her candidacy pursuant to

19 Section 4A-105(a) shall receive a written or printed

20 receipt for his or her filing.

21 A candidate filing for Governor, Lieutenant Governor,

22 Attorney General, Secretary of State, Treasurer,

23 Comptroller, State Senate, or State House of

24 Representatives shall not use the Internet to file his or

25 her statement of economic interests, but shall file his or

26 her statement of economic interests in a written or printed

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1 form and shall receive a written or printed receipt for his

2 or her filing. Annually, the duly appointed ethics officer

3 for each legislative caucus shall certify to the Secretary

4 of State whether his or her caucus members will file their

5 statements of economic interests electronically or in a

6 written or printed format for that year. If the ethics

7 officer for a caucus certifies that the statements of

8 economic interests shall be written or printed, then

9 members of the General Assembly of that caucus shall not

10 use the Internet to file his or her statement of economic

11 interests, but shall file his or her statement of economic

12 interests in a written or printed form and shall receive a

13 written or printed receipt for his or her filing. If no

14 certification is made by an ethics officer for a

15 legislative caucus, or if a member of the General Assembly

16 is not affiliated with a legislative caucus, then the

17 affected member or members of the General Assembly may file

18 their statements of economic interests using the Internet.

19 (4) In the first year of the implementation of a system

20 of Internet-based filing of statements of economic

21 interests, each person required to file such a statement is

22 to be notified in writing of his or her obligation to file

23 his or her statement of economic interests by way of the

24 Internet-based system. If access to the web site requires a

25 code or password, this information shall be included in the

26 notice prescribed by this paragraph.

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1 (5) When a person required to file a statement of

2 economic interests has supplied the Secretary of State or a

3 county clerk, as applicable, with an email address for the

4 purpose of receiving notices under this Article by email, a

5 notice sent by email to the supplied email address shall be

6 the equivalent of a notice sent by first class mail, as set

7 forth in Section 4A-106 or 4A-106.5. A person who has

8 supplied such an email address shall notify the Secretary

9 of State or county clerk, as applicable, when his or her

10 email address changes or if he or she no longer wishes to

11 receive notices by email.

12 (6) If any person who is required to file a statement

13 of economic interests and who has chosen to receive notices

14 by email fails to file his or her statement by May 10, then

15 the Secretary of State or county clerk, as applicable,

16 shall send an additional email notice on that date,

17 informing the person that he or she has not filed and

18 describing the penalties for late filing and failing to

19 file. This notice shall be in addition to other notices

20 provided for in this Article.

21 (7) The Secretary of State and each county clerk who

22 institutes a system of Internet-based filing of statements

23 of economic interests may also institute an Internet-based

24 process for the filing of the list of names and addresses

25 of persons required to file statements of economic

26 interests by the chief administrative officers that must

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1 file such information with the Secretary of State or county

2 clerk, as applicable, pursuant to Section 4A-106 or

3 4A-106.5. Whenever the Secretary of State or a county clerk

4 institutes such a system under this paragraph, every chief

5 administrative officer must use the system to file this

6 information.

7 (8) The Secretary of State and any county clerk who

8 institutes a system of Internet-based filing of statements

9 of economic interests shall post the contents of such

10 statements filed with him or her available for inspection

11 and copying on a publicly accessible website. Such postings

12 shall not include the addresses or signatures of the

13 filers.

14 (Source: P.A. 99-108, eff. 7-22-15; 100-1041, eff. 1-1-19.)

15 Section 6-10. The State Officials and Employees Ethics Act

16 is amended by changing Sections 5-10.5, 20-5, 20-10, 20-50,

17 25-5, 25-10, 25-50, and 70-5 and by adding Sections 20-63 and

18 25-63 as follows:

19 (5 ILCS 430/5-10.5)

20 Sec. 5-10.5. Harassment and discrimination prevention

21 ~~Sexual harassment~~ training.

22 (a) Until 2020, each ~~Each~~ officer, member, and employee

23 must complete, at least annually ~~beginning in 2018~~, a sexual

24 harassment training program. A person who fills a vacancy in an

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1 elective or appointed position that requires training under

2 this Section must complete his or her initial sexual harassment

3 training program within 30 days after commencement of his or

4 her office or employment. The training shall include, at a

5 minimum, the following: (i) the definition, and a description,

6 of sexual harassment utilizing examples; (ii) details on how an

7 individual can report an allegation of sexual harassment,

8 including options for making a confidential report to a

9 supervisor, ethics officer, Inspector General, or the

10 Department of Human Rights; (iii) the definition, and

11 description of, retaliation for reporting sexual harassment

12 allegations utilizing examples, including availability of

13 whistleblower protections under this Act, the Whistleblower

14 Act, and the Illinois Human Rights Act; and (iv) the

15 consequences of a violation of the prohibition on sexual

16 harassment and the consequences for knowingly making a false

17 report. Proof of completion must be submitted to the applicable

18 ethics officer. Sexual harassment training programs shall be

19 overseen by the appropriate Ethics Commission and Inspector

20 General appointed under this Act.

21 (a-5) Beginning in 2020, each officer, member, and employee

22 must complete, at least annually, a harassment and

23 discrimination prevention training program. A person who fills

24 a vacancy in an elective or appointed position that requires

25 training under this subsection must complete his or her initial

26 harassment and discrimination prevention training program

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1 within 30 days after commencement of his or her office or

2 employment. The training shall include, at a minimum, the

3 following: (i) the definition and a description of sexual

4 harassment, unlawful discrimination, and harassment, including

5 examples of each; (ii) details on how an individual can report

6 an allegation of sexual harassment, unlawful discrimination,

7 or harassment, including options for making a confidential

8 report to a supervisor, ethics officer, Inspector General, or

9 the Department of Human Rights; (iii) the definition and

10 description of retaliation for reporting sexual harassment,

11 unlawful discrimination, or harassment allegations utilizing

12 examples, including availability of whistleblower protections

13 under this Act, the Whistleblower Act, and the Illinois Human

14 Rights Act; and (iv) the consequences of a violation of the

15 prohibition on sexual harassment, unlawful discrimination, and

16 harassment and the consequences for knowingly making a false

17 report. Proof of completion must be submitted to the applicable

18 ethics officer. Harassment and discrimination training

19 programs shall be overseen by the appropriate Ethics Commission

20 and Inspector General appointed under this Act.

21 For the purposes of this subsection, "unlawful

22 discrimination" and "harassment" refers to discrimination and

23 harassment prohibited under Section 2-102 of the Illinois Human

24 Rights Act.

25 (b) Each ultimate jurisdictional authority shall submit to

26 the applicable Ethics Commission, at least annually, or more

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1 frequently as required by that Commission, a report that

2 summarizes the sexual harassment training program that was

3 completed during the previous year, and lays out the plan for

4 the training program in the coming year. The report shall

5 include the names of individuals that failed to complete the

6 required training program. Each Ethics Commission shall make

7 the reports available on its website.

8 (Source: P.A. 100-554, eff. 11-16-17.)

9 (5 ILCS 430/20-5)

10 Sec. 20-5. Executive Ethics Commission.

11 (a) The Executive Ethics Commission is created.

12 (b) The Executive Ethics Commission shall consist of 9

13 commissioners. The Governor shall appoint 5 commissioners, and

14 the Attorney General, Secretary of State, Comptroller, and

15 Treasurer shall each appoint one commissioner. Appointments

16 shall be made by and with the advice and consent of the Senate

17 by three-fifths of the elected members concurring by record

18 vote. Any nomination not acted upon by the Senate within 60

19 session days of the receipt thereof shall be deemed to have

20 received the advice and consent of the Senate. If, during a

21 recess of the Senate, there is a vacancy in an office of

22 commissioner, the appointing authority shall make a temporary

23 appointment until the next meeting of the Senate when the

24 appointing authority shall make a nomination to fill that

25 office. No person rejected for an office of commissioner shall,

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1 except by the Senate's request, be nominated again for that

2 office at the same session of the Senate or be appointed to

3 that office during a recess of that Senate. No more than 5

4 commissioners may be of the same political party.

5 The terms of the initial commissioners shall commence upon

6 qualification. Four initial appointees of the Governor, as

7 designated by the Governor, shall serve terms running through

8 June 30, 2007. One initial appointee of the Governor, as

9 designated by the Governor, and the initial appointees of the

10 Attorney General, Secretary of State, Comptroller, and

11 Treasurer shall serve terms running through June 30, 2008. The

12 initial appointments shall be made within 60 days after the

13 effective date of this Act.

14 After the initial terms, commissioners shall serve for

15 4-year terms commencing on July 1 of the year of appointment

16 and running through June 30 of the fourth following year.

17 Commissioners may be reappointed to one or more subsequent

18 terms.

19 Vacancies occurring other than at the end of a term shall

20 be filled by the appointing authority only for the balance of

21 the term of the commissioner whose office is vacant.

22 Terms shall run regardless of whether the position is

23 filled.

24 (c) The appointing authorities shall appoint commissioners

25 who have experience holding governmental office or employment

26 and shall appoint commissioners from the general public. A

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1 person is not eligible to serve as a commissioner if that

2 person (i) has been convicted of a felony or a crime of

3 dishonesty or moral turpitude, (ii) is, or was within the

4 preceding 12 months, engaged in activities that require

5 registration under the Lobbyist Registration Act, (iii) is

6 related to the appointing authority, or (iv) is a State officer

7 or employee.

8 (d) The Executive Ethics Commission shall have

9 jurisdiction over all officers and employees of State agencies

10 other than the General Assembly, the Senate, the House of

11 Representatives, the President and Minority Leader of the

12 Senate, the Speaker and Minority Leader of the House of

13 Representatives, the Senate Operations Commission, the

14 legislative support services agencies, and the Office of the

15 Auditor General. The Executive Ethics Commission shall have

16 jurisdiction over all board members and employees of Regional

17 Transit Boards. The jurisdiction of the Commission is limited

18 to matters arising under this Act, except as provided in

19 subsection (d-5).

20 A member or legislative branch State employee serving on an

21 executive branch board or commission remains subject to the

22 jurisdiction of the Legislative Ethics Commission and is not

23 subject to the jurisdiction of the Executive Ethics Commission.

24 (d-5) The Executive Ethics Commission shall have

25 jurisdiction over all chief procurement officers and

26 procurement compliance monitors and their respective staffs.

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1 The Executive Ethics Commission shall have jurisdiction over

2 any matters arising under the Illinois Procurement Code if the

3 Commission is given explicit authority in that Code.

4 (d-6) (1) The Executive Ethics Commission shall have

5 jurisdiction over the Illinois Power Agency and its staff. The

6 Director of the Agency shall be appointed by a majority of the

7 commissioners of the Executive Ethics Commission, subject to

8 Senate confirmation, for a term of 2 years. The Director is

9 removable for cause by a majority of the Commission upon a

10 finding of neglect, malfeasance, absence, or incompetence.

11 (2) In case of a vacancy in the office of Director of the

12 Illinois Power Agency during a recess of the Senate, the

13 Executive Ethics Commission may make a temporary appointment

14 until the next meeting of the Senate, at which time the

15 Executive Ethics Commission shall nominate some person to fill

16 the office, and any person so nominated who is confirmed by the

17 Senate shall hold office during the remainder of the term and

18 until his or her successor is appointed and qualified. Nothing

19 in this subsection shall prohibit the Executive Ethics

20 Commission from removing a temporary appointee or from

21 appointing a temporary appointee as the Director of the

22 Illinois Power Agency.

23 (3) Prior to June 1, 2012, the Executive Ethics Commission

24 may, until the Director of the Illinois Power Agency is

25 appointed and qualified or a temporary appointment is made

26 pursuant to paragraph (2) of this subsection, designate some

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1 person as an acting Director to execute the powers and

2 discharge the duties vested by law in that Director. An acting

3 Director shall serve no later than 60 calendar days, or upon

4 the making of an appointment pursuant to paragraph (1) or (2)

5 of this subsection, whichever is earlier. Nothing in this

6 subsection shall prohibit the Executive Ethics Commission from

7 removing an acting Director or from appointing an acting

8 Director as the Director of the Illinois Power Agency.

9 (4) No person rejected by the Senate for the office of

10 Director of the Illinois Power Agency shall, except at the

11 Senate's request, be nominated again for that office at the

12 same session or be appointed to that office during a recess of

13 that Senate.

14 (d-7) The Executive Ethics Commission shall have

15 jurisdiction over complainants in violation of subsection (e)

16 of Section 20-63.

17 (e) The Executive Ethics Commission must meet, either in

18 person or by other technological means, at least monthly and as

19 often as necessary. At the first meeting of the Executive

20 Ethics Commission, the commissioners shall choose from their

21 number a chairperson and other officers that they deem

22 appropriate. The terms of officers shall be for 2 years

23 commencing July 1 and running through June 30 of the second

24 following year. Meetings shall be held at the call of the

25 chairperson or any 3 commissioners. Official action by the

26 Commission shall require the affirmative vote of 5

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1 commissioners, and a quorum shall consist of 5 commissioners.

2 Commissioners shall receive compensation in an amount equal to

3 the compensation of members of the State Board of Elections and

4 may be reimbursed for their reasonable expenses actually

5 incurred in the performance of their duties.

6 (f) No commissioner or employee of the Executive Ethics

7 Commission may during his or her term of appointment or

8 employment:

9 (1) become a candidate for any elective office;

10 (2) hold any other elected or appointed public office

11 except for appointments on governmental advisory boards or

12 study commissions or as otherwise expressly authorized by

13 law;

14 (3) be actively involved in the affairs of any

15 political party or political organization; or

16 (4) advocate for the appointment of another person to

17 an appointed or elected office or position or actively

18 participate in any campaign for any elective office.

19 (g) An appointing authority may remove a commissioner only

20 for cause.

21 (h) The Executive Ethics Commission shall appoint an

22 Executive Director. The compensation of the Executive Director

23 shall be as determined by the Commission. The Executive

24 Director of the Executive Ethics Commission may employ and

25 determine the compensation of staff, as appropriations permit.

26 (i) The Executive Ethics Commission shall appoint, by a

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1 majority of the members appointed to the Commission, chief

2 procurement officers and may appoint procurement compliance

3 monitors in accordance with the provisions of the Illinois

4 Procurement Code. The compensation of a chief procurement

5 officer and procurement compliance monitor shall be determined

6 by the Commission.

7 (Source: P.A. 100-43, eff. 8-9-17.)

8 (5 ILCS 430/20-10)

9 Sec. 20-10. Offices of Executive Inspectors General.

10 (a) Five independent Offices of the Executive Inspector

11 General are created, one each for the Governor, the Attorney

12 General, the Secretary of State, the Comptroller, and the

13 Treasurer. Each Office shall be under the direction and

14 supervision of an Executive Inspector General and shall be a

15 fully independent office with separate appropriations.

16 (b) The Governor, Attorney General, Secretary of State,

17 Comptroller, and Treasurer shall each appoint an Executive

18 Inspector General, without regard to political affiliation and

19 solely on the basis of integrity and demonstrated ability.

20 Appointments shall be made by and with the advice and consent

21 of the Senate by three-fifths of the elected members concurring

22 by record vote. Any nomination not acted upon by the Senate

23 within 60 session days of the receipt thereof shall be deemed

24 to have received the advice and consent of the Senate. If,

25 during a recess of the Senate, there is a vacancy in an office

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1 of Executive Inspector General, the appointing authority shall

2 make a temporary appointment until the next meeting of the

3 Senate when the appointing authority shall make a nomination to

4 fill that office. No person rejected for an office of Executive

5 Inspector General shall, except by the Senate's request, be

6 nominated again for that office at the same session of the

7 Senate or be appointed to that office during a recess of that

8 Senate.

9 Nothing in this Article precludes the appointment by the

10 Governor, Attorney General, Secretary of State, Comptroller,

11 or Treasurer of any other inspector general required or

12 permitted by law. The Governor, Attorney General, Secretary of

13 State, Comptroller, and Treasurer each may appoint an existing

14 inspector general as the Executive Inspector General required

15 by this Article, provided that such an inspector general is not

16 prohibited by law, rule, jurisdiction, qualification, or

17 interest from serving as the Executive Inspector General

18 required by this Article. An appointing authority may not

19 appoint a relative as an Executive Inspector General.

20 Each Executive Inspector General shall have the following

21 qualifications:

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

26 (3) has 5 or more years of cumulative service (A) with

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1 a federal, State, or local law enforcement agency, at least

2 2 years of which have been in a progressive investigatory

3 capacity; (B) as a federal, State, or local prosecutor; (C)

4 as a senior manager or executive of a federal, State, or

5 local agency; (D) as a member, an officer, or a State or

6 federal judge; or (E) representing any combination of (A)

7 through (D).

8 The term of each initial Executive Inspector General shall

9 commence upon qualification and shall run through June 30,

10 2008. The initial appointments shall be made within 60 days

11 after the effective date of this Act.

12 After the initial term, each Executive Inspector General

13 shall serve for 5-year terms commencing on July 1 of the year

14 of appointment and running through June 30 of the fifth

15 following year. An Executive Inspector General may be

16 reappointed to one or more subsequent terms.

17 A vacancy occurring other than at the end of a term shall

18 be filled by the appointing authority only for the balance of

19 the term of the Executive Inspector General whose office is

20 vacant.

21 Terms shall run regardless of whether the position is

22 filled.

23 (c) The Executive Inspector General appointed by the

24 Attorney General shall have jurisdiction over the Attorney

25 General and all officers and employees of, and vendors and

26 others doing business with, State agencies within the

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1 jurisdiction of the Attorney General. The Executive Inspector

2 General appointed by the Secretary of State shall have

3 jurisdiction over the Secretary of State and all officers and

4 employees of, and vendors and others doing business with, State

5 agencies within the jurisdiction of the Secretary of State. The

6 Executive Inspector General appointed by the Comptroller shall

7 have jurisdiction over the Comptroller and all officers and

8 employees of, and vendors and others doing business with, State

9 agencies within the jurisdiction of the Comptroller. The

10 Executive Inspector General appointed by the Treasurer shall

11 have jurisdiction over the Treasurer and all officers and

12 employees of, and vendors and others doing business with, State

13 agencies within the jurisdiction of the Treasurer. The

14 Executive Inspector General appointed by the Governor shall

15 have jurisdiction over (i) the Governor, (ii) the Lieutenant

16 Governor, (iii) all officers and employees of, and vendors and

17 others doing business with, executive branch State agencies

18 under the jurisdiction of the Executive Ethics Commission and

19 not within the jurisdiction of the Attorney General, the

20 Secretary of State, the Comptroller, or the Treasurer, and (iv)

21 all board members and employees of the Regional Transit Boards

22 and all vendors and others doing business with the Regional

23 Transit Boards.

24 The jurisdiction of each Executive Inspector General is to

25 investigate allegations of fraud, waste, abuse, mismanagement,

26 misconduct, nonfeasance, misfeasance, malfeasance, or

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1 violations of this Act or violations of other related laws and

2 rules.

3 Each Executive Inspector General shall have jurisdiction

4 over complainants in violation of subsection (e) of Section

5 20-63 for disclosing a summary report prepared by the

6 respective Executive Inspector General.

7 (d) The compensation for each Executive Inspector General

8 shall be determined by the Executive Ethics Commission and

9 shall be made from appropriations made to the Comptroller for

10 this purpose. Subject to Section 20-45 of this Act, each

11 Executive Inspector General has full authority to organize his

12 or her Office of the Executive Inspector General, including the

13 employment and determination of the compensation of staff, such

14 as deputies, assistants, and other employees, as

15 appropriations permit. A separate appropriation shall be made

16 for each Office of Executive Inspector General.

17 (e) No Executive Inspector General or employee of the

18 Office of the Executive Inspector General may, during his or

19 her term of appointment or employment:

20 (1) become a candidate for any elective office;

21 (2) hold any other elected or appointed public office

22 except for appointments on governmental advisory boards or

23 study commissions or as otherwise expressly authorized by

24 law;

25 (3) be actively involved in the affairs of any

26 political party or political organization; or

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1 (4) advocate for the appointment of another person to

2 an appointed or elected office or position or actively

3 participate in any campaign for any elective office.

4 In this subsection an appointed public office means a

5 position authorized by law that is filled by an appointing

6 authority as provided by law and does not include employment by

7 hiring in the ordinary course of business.

8 (e-1) No Executive Inspector General or employee of the

9 Office of the Executive Inspector General may, for one year

10 after the termination of his or her appointment or employment:

11 (1) become a candidate for any elective office;

12 (2) hold any elected public office; or

13 (3) hold any appointed State, county, or local judicial

14 office.

15 (e-2) The requirements of item (3) of subsection (e-1) may

16 be waived by the Executive Ethics Commission.

17 (f) An Executive Inspector General may be removed only for

18 cause and may be removed only by the appointing constitutional

19 officer. At the time of the removal, the appointing

20 constitutional officer must report to the Executive Ethics

21 Commission the justification for the removal.

22 (Source: P.A. 96-555, eff. 8-18-09; 96-1528, eff. 7-1-11.)

23 (5 ILCS 430/20-50)

24 Sec. 20-50. Investigation reports.

25 (a) If an Executive Inspector General, upon the conclusion

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1 of an investigation, determines that reasonable cause exists to

2 believe that a violation has occurred, then the Executive

3 Inspector General shall issue a summary report of the

4 investigation. The report shall be delivered to the appropriate

5 ultimate jurisdictional authority and to the head of each State

6 agency affected by or involved in the investigation, if

7 appropriate. The appropriate ultimate jurisdictional authority

8 or agency head shall respond to the summary report within 20

9 days, in writing, to the Executive Inspector General. The

10 response shall include a description of any corrective or

11 disciplinary action to be imposed. If the appropriate ultimate

12 jurisdictional authority does not respond within 20 days, or

13 within an extended time period as agreed to by the Executive

14 Inspector General, an Executive Inspector General may proceed

15 under subsection (c) as if a response had been received.

16 (b) The summary report of the investigation shall include

17 the following:

18 (1) A description of any allegations or other

19 information received by the Executive Inspector General

20 pertinent to the investigation.

21 (2) A description of any alleged misconduct discovered

22 in the course of the investigation.

23 (3) Recommendations for any corrective or disciplinary

24 action to be taken in response to any alleged misconduct

25 described in the report, including but not limited to

26 discharge.

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1 (4) Other information the Executive Inspector General

2 deems relevant to the investigation or resulting

3 recommendations.

4 (c) Within 30 days after receiving a response from the

5 appropriate ultimate jurisdictional authority or agency head

6 under subsection (a), the Executive Inspector General shall

7 notify the Commission and the Attorney General if the Executive

8 Inspector General believes that a complaint should be filed

9 with the Commission. If the Executive Inspector General desires

10 to file a complaint with the Commission, the Executive

11 Inspector General shall submit the summary report and

12 supporting documents to the Attorney General. If the Attorney

13 General concludes that there is insufficient evidence that a

14 violation has occurred, the Attorney General shall notify the

15 Executive Inspector General and the Executive Inspector

16 General shall deliver to the Executive Ethics Commission a copy

17 of the summary report and response from the ultimate

18 jurisdictional authority or agency head. If the Attorney

19 General determines that reasonable cause exists to believe that

20 a violation has occurred, then the Executive Inspector General,

21 represented by the Attorney General, may file with the

22 Executive Ethics Commission a complaint. The complaint shall

23 set forth the alleged violation and the grounds that exist to

24 support the complaint. The complaint must be filed with the

25 Commission within 12 months after the Executive Inspector

26 General's receipt of the allegation of the violation ~~18 months~~

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1 ~~after the most recent act of the alleged violation or of a~~

2 ~~series of alleged violations~~except where there is reasonable

3 cause to believe that fraudulent concealment has occurred. To

4 constitute fraudulent concealment sufficient to toll this

5 limitations period, there must be an affirmative act or

6 representation calculated to prevent discovery of the fact that

7 a violation has occurred. If a complaint is not filed with the

8 Commission within 6 months after notice by the Inspector

9 General to the Commission and the Attorney General, then the

10 Commission may set a meeting of the Commission at which the

11 Attorney General shall appear and provide a status report to

12 the Commission.

13 (c-5) Within 30 days after receiving a response from the

14 appropriate ultimate jurisdictional authority or agency head

15 under subsection (a), if the Executive Inspector General does

16 not believe that a complaint should be filed, the Executive

17 Inspector General shall deliver to the Executive Ethics

18 Commission a statement setting forth the basis for the decision

19 not to file a complaint and a copy of the summary report and

20 response from the ultimate jurisdictional authority or agency

21 head. An Inspector General may also submit a redacted version

22 of the summary report and response from the ultimate

23 jurisdictional authority if the Inspector General believes

24 either contains information that, in the opinion of the

25 Inspector General, should be redacted prior to releasing the

26 report, may interfere with an ongoing investigation, or

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1 identifies an informant or complainant.

2 (c-10) If, after reviewing the documents, the Commission

3 believes that further investigation is warranted, the

4 Commission may request that the Executive Inspector General

5 provide additional information or conduct further

6 investigation. The Commission may also appoint a Special

7 Executive Inspector General to investigate or refer the summary

8 report and response from the ultimate jurisdictional authority

9 to the Attorney General for further investigation or review. If

10 the Commission requests the Attorney General to investigate or

11 review, the Commission must notify the Attorney General and the

12 Inspector General. The Attorney General may not begin an

13 investigation or review until receipt of notice from the

14 Commission. If, after review, the Attorney General determines

15 that reasonable cause exists to believe that a violation has

16 occurred, then the Attorney General may file a complaint with

17 the Executive Ethics Commission. If the Attorney General

18 concludes that there is insufficient evidence that a violation

19 has occurred, the Attorney General shall notify the Executive

20 Ethics Commission and the appropriate Executive Inspector

21 General.

22 (d) A copy of the complaint filed with the Executive Ethics

23 Commission must be served on all respondents named in the

24 complaint and on each respondent's ultimate jurisdictional

25 authority in the same manner as process is served under the

26 Code of Civil Procedure.

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1 (e) A respondent may file objections to the complaint

2 within 30 days after notice of the petition has been served on

3 the respondent.

4 (f) The Commission shall meet, either in person or by

5 telephone, at least 30 days after the complaint is served on

6 all respondents in a closed session to review the sufficiency

7 of the complaint. The Commission shall issue notice by

8 certified mail, return receipt requested, to the Executive

9 Inspector General, Attorney General, and all respondents of the

10 Commission's ruling on the sufficiency of the complaint. If the

11 complaint is deemed to sufficiently allege a violation of this

12 Act, then the Commission shall include a hearing date scheduled

13 within 4 weeks after the date of the notice, unless all of the

14 parties consent to a later date. If the complaint is deemed not

15 to sufficiently allege a violation, then the Commission shall

16 send by certified mail, return receipt requested, a notice to

17 the Executive Inspector General, Attorney General, and all

18 respondents of the decision to dismiss the complaint.

19 (g) On the scheduled date the Commission shall conduct a

20 closed meeting, either in person or, if the parties consent, by

21 telephone, on the complaint and allow all parties the

22 opportunity to present testimony and evidence. All such

23 proceedings shall be transcribed.

24 (h) Within an appropriate time limit set by rules of the

25 Executive Ethics Commission, the Commission shall (i) dismiss

26 the complaint, (ii) issue a recommendation of discipline to the

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1 respondent and the respondent's ultimate jurisdictional

2 authority, (iii) impose an administrative fine upon the

3 respondent, (iv) issue injunctive relief as described in

4 Section 50-10, or (v) impose a combination of (ii) through

5 (iv).

6 (i) The proceedings on any complaint filed with the

7 Commission shall be conducted pursuant to rules promulgated by

8 the Commission.

9 (j) The Commission may designate hearing officers to

10 conduct proceedings as determined by rule of the Commission.

11 (k) In all proceedings before the Commission, the standard

12 of proof is by a preponderance of the evidence.

13 (l) Within 30 days after the issuance of a final

14 administrative decision that concludes that a violation

15 occurred, the Executive Ethics Commission shall make public the

16 entire record of proceedings before the Commission, the

17 decision, any recommendation, any discipline imposed, and the

18 response from the agency head or ultimate jurisdictional

19 authority to the Executive Ethics Commission.

20 (Source: P.A. 100-588, eff. 6-8-18.)

21 (5 ILCS 430/20-63 new)

22 Sec. 20-63. Rights of persons subjected to discrimination,

23 harassment, or sexual harassment.

24 (a) As used in this Section, "complainant" means a known

25 person identified in a complaint filed with an Executive

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1 Inspector General as a person subjected to alleged

2 discrimination, harassment, or sexual harassment in violation

3 of Section 5-65 of this Act, subsection (a) of Section 4.7 of

4 the Lobbyist Registration Act, or Article 2 of the Illinois

5 Human Rights Act, regardless of whether the complaint is filed

6 by the person.

7 (b) A complainant shall have the following rights:

8 (1) within 5 business days of the Executive Inspector

9 General receiving a complaint in which the complainant is

10 identified, to be notified by the Executive Inspector

11 General of the receipt of the complaint, the complainant's

12 rights, and an explanation of the process, rules, and

13 procedures related to the investigation of an allegation,

14 and the duties of the Executive Inspector General and the

15 Executive Ethics Commission;

16 (2) within 5 business days after the Executive

17 Inspector General's decision to open or close an

18 investigation into the complaint or refer the complaint to

19 another appropriate agency, to be notified of the Executive

20 Inspector General's decision; however, if the Executive

21 Inspector General reasonably determines that publicly

22 acknowledging the existence of an investigation would

23 interfere with the conduct or completion of that

24 investigation, the notification may be withheld until

25 public acknowledgment of the investigation would no longer

26 interfere with that investigation;

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1 (3) to review statements and evidence given to the

2 Executive Inspector General by the complainant and the

3 Executive Inspector General's summarization of those

4 statements and evidence, if such summary exists. The

5 complainant may make suggestions of changes for the

6 Executive Inspector General's consideration, but the

7 Executive Inspector General shall have the final authority

8 to determine what statements, evidence, and summaries are

9 included in any report of the investigation;

10 (4) to have a union representative, attorney,

11 co-worker, or other support person who is not involved in

12 the investigation, at the complainant's expense, present

13 at any interview or meeting, whether in person or by

14 telephone or audio-visual communication, between the

15 complainant and the Executive Inspector General or

16 Executive Ethics Commission;

17 (5) to submit an impact statement that shall be

18 included with the Executive Inspector General's summary

19 report to the Executive Ethics Commission for its

20 consideration;

21 (6) to testify at a hearing held under subsection (g)

22 of Section 20-50, to the extent the hearing is based on an

23 allegation of a violation of Section 5-65 of this Act or

24 subsection (a) of Section 4.7 of the Lobbyist Registration

25 Act involving the complainant, and have a single union

26 representative, attorney, co-worker, or other support

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1 person who is not involved in the investigation, at the

2 complainant's expense, accompany him or her while

3 testifying;

4 (7) to review, within 5 business days prior to its

5 release, any portion of a summary report of the

6 investigation subject to public release under this Article

7 related to the allegations concerning the complainant,

8 after redactions made by the Executive Ethics Commission,

9 and offer suggestions for redaction or provide a response

10 that shall be made public with the summary report; and

11 (8) to file a complaint with the Executive Ethics

12 Commission for any violation of the complainant's rights

13 under this Section by the Executive Inspector General.

14 (c) The complainant shall have the sole discretion in

15 determining whether to exercise the rights set forth in this

16 Section. All rights under this Section shall be waived if the

17 complainant fails to cooperate with the Executive Inspector

18 General's investigation of the complaint.

19 (d) The notice requirements imposed on Inspectors General

20 by this Section shall be waived if the Inspector General is

21 unable to identify or locate the complainant.

22 (e) A complainant receiving a copy of any summary report,

23 in whole or in part, under this Section shall keep the report

24 confidential and shall not disclose the report prior to the

25 publication of the report by the Executive Ethics Commission. A

26 complainant that violates this subsection (e) shall be subject

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1 to an administrative fine by the Executive Ethics Commission of

2 up to $5,000.

3 (5 ILCS 430/25-5)

4 Sec. 25-5. Legislative Ethics Commission.

5 (a) The Legislative Ethics Commission is created.

6 (b) The Legislative Ethics Commission shall consist of 8

7 commissioners appointed 2 each by the President and Minority

8 Leader of the Senate and the Speaker and Minority Leader of the

9 House of Representatives.

10 The terms of the initial commissioners shall commence upon

11 qualification. Each appointing authority shall designate one

12 appointee who shall serve for a 2-year term running through

13 June 30, 2005. Each appointing authority shall designate one

14 appointee who shall serve for a 4-year term running through

15 June 30, 2007. The initial appointments shall be made within 60

16 days after the effective date of this Act.

17 After the initial terms, commissioners shall serve for

18 4-year terms commencing on July 1 of the year of appointment

19 and running through June 30 of the fourth following year.

20 Commissioners may be reappointed to one or more subsequent

21 terms.

22 Vacancies occurring other than at the end of a term shall

23 be filled by the appointing authority only for the balance of

24 the term of the commissioner whose office is vacant.

25 Terms shall run regardless of whether the position is

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1 filled.

2 (c) The appointing authorities shall appoint commissioners

3 who have experience holding governmental office or employment

4 and may appoint commissioners who are members of the General

5 Assembly as well as commissioners from the general public. A

6 commissioner who is a member of the General Assembly must

7 recuse himself or herself from participating in any matter

8 relating to any investigation or proceeding in which he or she

9 is the subject or is a complainant. A person is not eligible to

10 serve as a commissioner if that person (i) has been convicted

11 of a felony or a crime of dishonesty or moral turpitude, (ii)

12 is, or was within the preceding 12 months, engaged in

13 activities that require registration under the Lobbyist

14 Registration Act, (iii) is a relative of the appointing

15 authority, (iv) is a State officer or employee other than a

16 member of the General Assembly, or (v) is a candidate for

17 statewide office, federal office, or judicial office.

18 (c-5) If a commissioner is required to recuse himself or

19 herself from participating in a matter as provided in

20 subsection (c), the recusal shall create a temporary vacancy

21 for the limited purpose of consideration of the matter for

22 which the commissioner recused himself or herself, and the

23 appointing authority for the recusing commissioner shall make a

24 temporary appointment to fill the vacancy for consideration of

25 the matter for which the commissioner recused himself or

26 herself.

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1 (d) The Legislative Ethics Commission shall have

2 jurisdiction over current and former members of the General

3 Assembly regarding events occurring during a member's term of

4 office and current and former State employees regarding events

5 occurring during any period of employment where the State

6 employee's ultimate jurisdictional authority is (i) a

7 legislative leader, (ii) the Senate Operations Commission, or

8 (iii) the Joint Committee on Legislative Support Services.The

9 Legislative Ethics Commission shall have jurisdiction over

10 complainants in violation of subsection (e) of Section 25-63.

11 The jurisdiction of the Commission is limited to matters

12 arising under this Act.

13 An officer or executive branch State employee serving on a

14 legislative branch board or commission remains subject to the

15 jurisdiction of the Executive Ethics Commission and is not

16 subject to the jurisdiction of the Legislative Ethics

17 Commission.

18 (e) The Legislative Ethics Commission must meet, either in

19 person or by other technological means, monthly or as often as

20 necessary. At the first meeting of the Legislative Ethics

21 Commission, the commissioners shall choose from their number a

22 chairperson and other officers that they deem appropriate. The

23 terms of officers shall be for 2 years commencing July 1 and

24 running through June 30 of the second following year. Meetings

25 shall be held at the call of the chairperson or any 3

26 commissioners. Official action by the Commission shall require

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1 the affirmative vote of 5 commissioners, and a quorum shall

2 consist of 5 commissioners. Commissioners shall receive no

3 compensation but may be reimbursed for their reasonable

4 expenses actually incurred in the performance of their duties.

5 (f) No commissioner, other than a commissioner who is a

6 member of the General Assembly, or employee of the Legislative

7 Ethics Commission may during his or her term of appointment or

8 employment:

9 (1) become a candidate for any elective office;

10 (2) hold any other elected or appointed public office

11 except for appointments on governmental advisory boards or

12 study commissions or as otherwise expressly authorized by

13 law;

14 (3) be actively involved in the affairs of any

15 political party or political organization; or

16 (4) advocate for the appointment of another person to

17 an appointed or elected office or position or actively

18 participate in any campaign for any elective office.

19 (f-5) No commissioner who is a member of the General

20 Assembly may be a candidate for statewide office, federal

21 office, or judicial office. If a commissioner who is a member

22 of the General Assembly files petitions to be a candidate for a

23 statewide office, federal office, or judicial office, he or she

24 shall be deemed to have resigned from his or her position as a

25 commissioner on the date his or her name is certified for the

26 ballot by the State Board of Elections or local election

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1 authority and his or her position as a commissioner shall be

2 deemed vacant. Such person may not be reappointed to the

3 Commission during any time he or she is a candidate for

4 statewide office, federal office, or judicial office.

5 (g) An appointing authority may remove a commissioner only

6 for cause.

7 (h) The Legislative Ethics Commission shall appoint an

8 Executive Director subject to the approval of at least 3 of the

9 4 legislative leaders. The compensation of the Executive

10 Director shall be as determined by the Commission. The

11 Executive Director of the Legislative Ethics Commission may

12 employ, subject to the approval of at least 3 of the 4

13 legislative leaders, and determine the compensation of staff,

14 as appropriations permit.

15 (i) In consultation with the Legislative Inspector

16 General, the Legislative Ethics Commission may develop

17 comprehensive training for members and employees under its

18 jurisdiction that includes, but is not limited to, sexual

19 harassment, employment discrimination, and workplace civility.

20 The training may be recommended to the ultimate jurisdictional

21 authorities and may be approved by the Commission to satisfy

22 the sexual harassment training required under Section 5-10.5 or

23 be provided in addition to the annual sexual harassment

24 training required under Section 5-10.5. The Commission may seek

25 input from governmental agencies or private entities for

26 guidance in developing such training.

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1 (Source: P.A. 100-588, eff. 6-8-18; revised 10-11-18.)

2 (5 ILCS 430/25-10)

3 Sec. 25-10. Office of Legislative Inspector General.

4 (a) The independent Office of the Legislative Inspector

5 General is created. The Office shall be under the direction and

6 supervision of the Legislative Inspector General and shall be a

7 fully independent office with its own appropriation.

8 (b) The Legislative Inspector General shall be appointed

9 without regard to political affiliation and solely on the basis

10 of integrity and demonstrated ability. The Legislative Ethics

11 Commission shall diligently search out qualified candidates

12 for Legislative Inspector General and shall make

13 recommendations to the General Assembly. The Legislative

14 Inspector General may serve in a full-time, part-time, or

15 contractual capacity.

16 The Legislative Inspector General shall be appointed by a

17 joint resolution of the Senate and the House of

18 Representatives, which may specify the date on which the

19 appointment takes effect. A joint resolution, or other document

20 as may be specified by the Joint Rules of the General Assembly,

21 appointing the Legislative Inspector General must be certified

22 by the Speaker of the House of Representatives and the

23 President of the Senate as having been adopted by the

24 affirmative vote of three-fifths of the members elected to each

25 house, respectively, and be filed with the Secretary of State.

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1 The appointment of the Legislative Inspector General takes

2 effect on the day the appointment is completed by the General

3 Assembly, unless the appointment specifies a later date on

4 which it is to become effective.

5 The Legislative Inspector General shall have the following

6 qualifications:

7 (1) has not been convicted of any felony under the laws

8 of this State, another state, or the United States;

9 (2) has earned a baccalaureate degree from an

10 institution of higher education; and

11 (3) has 5 or more years of cumulative service (A) with

12 a federal, State, or local law enforcement agency, at least

13 2 years of which have been in a progressive investigatory

14 capacity; (B) as a federal, State, or local prosecutor; (C)

15 as a senior manager or executive of a federal, State, or

16 local agency; (D) as a member, an officer, or a State or

17 federal judge; or (E) representing any combination of (A)

18 through (D).

19 The Legislative Inspector General may not be a relative of

20 a commissioner.

21 The term of the initial Legislative Inspector General shall

22 commence upon qualification and shall run through June 30,

23 2008.

24 After the initial term, the Legislative Inspector General

25 shall serve for 5-year terms commencing on July 1 of the year

26 of appointment and running through June 30 of the fifth

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1 following year. The Legislative Inspector General may be

2 reappointed to one or more subsequent terms. Terms shall run

3 regardless of whether the position is filled.

4 (b-5) A vacancy occurring other than at the end of a term

5 shall be filled in the same manner as an appointment only for

6 the balance of the term of the Legislative Inspector General

7 whose office is vacant. Within 7 days of the Office becoming

8 vacant or receipt of a Legislative Inspector General's

9 prospective resignation, the vacancy shall be publicly posted

10 on the Commission's website, along with a description of the

11 requirements for the position and where applicants may apply.

12 Within 45 days of the vacancy, the Commission shall

13 designate an Acting Legislative Inspector General who shall

14 serve until the vacancy is filled. The Commission shall file

15 the designation in writing with the Secretary of State.

16 Within 60 days prior to the end of the term of the

17 Legislative Inspector General or within 30 days of the

18 occurrence of a vacancy in the Office of the Legislative

19 Inspector General, the Legislative Ethics Commission shall

20 establish a four-member search committee within the Commission

21 for the purpose of conducting a search for qualified candidates

22 to serve as Legislative Inspector General. The Speaker of the

23 House of Representatives, Minority Leader of the House, Senate

24 President, and Minority Leader of the Senate shall each appoint

25 one member to the search committee. A member of the search

26 committee shall be either a retired judge or former prosecutor

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1 and may not be a member or employee of the General Assembly or

2 a registered lobbyist. If the Legislative Ethics Commission

3 wishes to recommend that the Legislative Inspector General be

4 re-appointed, a search committee does not need to be appointed.

5 The search committee shall conduct a search for qualified

6 candidates, accept applications, and conduct interviews. The

7 search committee shall recommend up to 3 candidates for

8 Legislative Inspector General to the Legislative Ethics

9 Commission. The search committee shall be disbanded upon an

10 appointment of the Legislative Inspector General. Members of

11 the search committee are not entitled to compensation but shall

12 be entitled to reimbursement of reasonable expenses incurred in

13 connection with the performance of their duties.

14 Within 30 days after the effective date of this amendatory

15 Act of the 100th General Assembly, the Legislative Ethics

16 Commission shall create a search committee in the manner

17 provided for in this subsection to recommend up to 3 candidates

18 for Legislative Inspector General to the Legislative Ethics

19 Commission by October 31, 2018.

20 If a vacancy exists and the Commission has not appointed an

21 Acting Legislative Inspector General, either the staff of the

22 Office of the Legislative Inspector General, or if there is no

23 staff, the Executive Director, shall advise the Commission of

24 all open investigations and any new allegations or complaints

25 received in the Office of the Inspector General. These reports

26 shall not include the name of any person identified in the

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1 allegation or complaint, including, but not limited to, the

2 subject of and the person filing the allegation or complaint.

3 Notification shall be made to the Commission on a weekly basis

4 unless the Commission approves of a different reporting

5 schedule.

6 If the Office of the Inspector General is vacant for 6

7 months or more beginning on or after January 1, 2019, and the

8 Legislative Ethics Commission has not appointed an Acting

9 Legislative Inspector General, all complaints made to the

10 Legislative Inspector General or the Legislative Ethics

11 Commission shall be directed to the Inspector General for the

12 Auditor General, and he or she shall have the authority to act

13 as provided in subsection (c) of this Section and Section 25-20

14 of this Act, and shall be subject to all laws and rules

15 governing a Legislative Inspector General or Acting

16 Legislative Inspector General. The authority for the Inspector

17 General of the Auditor General under this paragraph shall

18 terminate upon appointment of a Legislative Inspector General

19 or an Acting Legislative Inspector General.

20 (c) The Legislative Inspector General shall have

21 jurisdiction over the current and former members of the General

22 Assembly regarding events occurring during a member's term of

23 office and current and former State employees regarding events

24 occurring during any period of employment where the State

25 employee's ultimate jurisdictional authority is (i) a

26 legislative leader, (ii) the Senate Operations Commission, or

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1 (iii) the Joint Committee on Legislative Support Services.

2 The jurisdiction of each Legislative Inspector General is

3 to investigate allegations of fraud, waste, abuse,

4 mismanagement, misconduct, nonfeasance, misfeasance,

5 malfeasance, or violations of this Act or violations of other

6 related laws and rules.

7 The Legislative Inspector General shall have jurisdiction

8 over complainants in violation of subsection (e) of Section

9 25-63 of this Act.

10 (d) The compensation of the Legislative Inspector General

11 shall be the greater of an amount (i) determined by the

12 Commission or (ii) by joint resolution of the General Assembly

13 passed by a majority of members elected in each chamber.

14 Subject to Section 25-45 of this Act, the Legislative Inspector

15 General has full authority to organize the Office of the

16 Legislative Inspector General, including the employment and

17 determination of the compensation of staff, such as deputies,

18 assistants, and other employees, as appropriations permit.

19 Employment of staff is subject to the approval of at least 3 of

20 the 4 legislative leaders.

21 (e) No Legislative Inspector General or employee of the

22 Office of the Legislative Inspector General may, during his or

23 her term of appointment or employment:

24 (1) become a candidate for any elective office;

25 (2) hold any other elected or appointed public office

26 except for appointments on governmental advisory boards or

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1 study commissions or as otherwise expressly authorized by

2 law;

3 (3) be actively involved in the affairs of any

4 political party or political organization; or

5 (4) actively participate in any campaign for any

6 elective office.

7 A full-time Legislative Inspector General shall not engage

8 in the practice of law or any other business, employment, or

9 vocation.

10 In this subsection an appointed public office means a

11 position authorized by law that is filled by an appointing

12 authority as provided by law and does not include employment by

13 hiring in the ordinary course of business.

14 (e-1) No Legislative Inspector General or employee of the

15 Office of the Legislative Inspector General may, for one year

16 after the termination of his or her appointment or employment:

17 (1) become a candidate for any elective office;

18 (2) hold any elected public office; or

19 (3) hold any appointed State, county, or local judicial

20 office.

21 (e-2) The requirements of item (3) of subsection (e-1) may

22 be waived by the Legislative Ethics Commission.

23 (f) The Commission may remove the Legislative Inspector

24 General only for cause. At the time of the removal, the

25 Commission must report to the General Assembly the

26 justification for the removal.

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1 (Source: P.A. 100-588, eff. 6-8-18.)

2 (5 ILCS 430/25-50)

3 Sec. 25-50. Investigation reports.

4 (a) If the Legislative Inspector General, upon the

5 conclusion of an investigation, determines that reasonable

6 cause exists to believe that a violation has occurred, then the

7 Legislative Inspector General shall issue a summary report of

8 the investigation. The report shall be delivered to the

9 appropriate ultimate jurisdictional authority, to the head of

10 each State agency affected by or involved in the investigation,

11 if appropriate, and the member, if any, that is the subject of

12 the report. The appropriate ultimate jurisdictional authority

13 or agency head and the member, if any, that is the subject of

14 the report shall respond to the summary report within 20 days,

15 in writing, to the Legislative Inspector General. If the

16 ultimate jurisdictional authority is the subject of the report,

17 he or she may only respond to the summary report in his or her

18 capacity as the subject of the report and shall not respond in

19 his or her capacity as the ultimate jurisdictional authority.

20 The response shall include a description of any corrective or

21 disciplinary action to be imposed. If the appropriate ultimate

22 jurisdictional authority or the member that is the subject of

23 the report does not respond within 20 days, or within an

24 extended time as agreed to by the Legislative Inspector

25 General, the Legislative Inspector General may proceed under

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1 subsection (c) as if a response had been received. A member

2 receiving and responding to a report under this Section shall

3 be deemed to be acting in his or her official capacity.

4 (b) The summary report of the investigation shall include

5 the following:

6 (1) A description of any allegations or other

7 information received by the Legislative Inspector General

8 pertinent to the investigation.

9 (2) A description of any alleged misconduct discovered

10 in the course of the investigation.

11 (3) Recommendations for any corrective or disciplinary

12 action to be taken in response to any alleged misconduct

13 described in the report, including but not limited to

14 discharge.

15 (4) Other information the Legislative Inspector

16 General deems relevant to the investigation or resulting

17 recommendations.

18 (c) Within 30 days after receiving a response from the

19 appropriate ultimate jurisdictional authority or agency head

20 under subsection (a), the Legislative Inspector General shall

21 notify the Commission and the Attorney General if the

22 Legislative Inspector General believes that a complaint should

23 be filed with the Commission. If the Legislative Inspector

24 General desires to file a complaint with the Commission, the

25 Legislative Inspector General shall submit the summary report

26 and supporting documents to the Attorney General. If the

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1 Attorney General concludes that there is insufficient evidence

2 that a violation has occurred, the Attorney General shall

3 notify the Legislative Inspector General and the Legislative

4 Inspector General shall deliver to the Legislative Ethics

5 Commission a copy of the summary report and response from the

6 ultimate jurisdictional authority or agency head. If the

7 Attorney General determines that reasonable cause exists to

8 believe that a violation has occurred, then the Legislative

9 Inspector General, represented by the Attorney General, may

10 file with the Legislative Ethics Commission a complaint. The

11 complaint shall set forth the alleged violation and the grounds

12 that exist to support the complaint. Except as provided under

13 subsection (1.5) of Section 20, the complaint must be filed

14 with the Commission within 12 months after the Legislative

15 Inspector General's receipt of the allegation of the violation

16 ~~18 months after the most recent act of the alleged violation or~~

17 ~~of a series of alleged violations~~except where there is

18 reasonable cause to believe that fraudulent concealment has

19 occurred. To constitute fraudulent concealment sufficient to

20 toll this limitations period, there must be an affirmative act

21 or representation calculated to prevent discovery of the fact

22 that a violation has occurred. If a complaint is not filed with

23 the Commission within 6 months after notice by the Inspector

24 General to the Commission and the Attorney General, then the

25 Commission may set a meeting of the Commission at which the

26 Attorney General shall appear and provide a status report to

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1 the Commission.

2 (c-5) Within 30 days after receiving a response from the

3 appropriate ultimate jurisdictional authority or agency head

4 under subsection (a), if the Legislative Inspector General does

5 not believe that a complaint should be filed, the Legislative

6 Inspector General shall deliver to the Legislative Ethics

7 Commission a statement setting forth the basis for the decision

8 not to file a complaint and a copy of the summary report and

9 response from the ultimate jurisdictional authority or agency

10 head. The Inspector General may also submit a redacted version

11 of the summary report and response from the ultimate

12 jurisdictional authority if the Inspector General believes

13 either contains information that, in the opinion of the

14 Inspector General, should be redacted prior to releasing the

15 report, may interfere with an ongoing investigation, or

16 identifies an informant or complainant.

17 (c-10) If, after reviewing the documents, the Commission

18 believes that further investigation is warranted, the

19 Commission may request that the Legislative Inspector General

20 provide additional information or conduct further

21 investigation. The Commission may also refer the summary report

22 and response from the ultimate jurisdictional authority to the

23 Attorney General for further investigation or review. If the

24 Commission requests the Attorney General to investigate or

25 review, the Commission must notify the Attorney General and the

26 Legislative Inspector General. The Attorney General may not

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1 begin an investigation or review until receipt of notice from

2 the Commission. If, after review, the Attorney General

3 determines that reasonable cause exists to believe that a

4 violation has occurred, then the Attorney General may file a

5 complaint with the Legislative Ethics Commission. If the

6 Attorney General concludes that there is insufficient evidence

7 that a violation has occurred, the Attorney General shall

8 notify the Legislative Ethics Commission and the appropriate

9 Legislative Inspector General.

10 (d) A copy of the complaint filed with the Legislative

11 Ethics Commission must be served on all respondents named in

12 the complaint and on each respondent's ultimate jurisdictional

13 authority in the same manner as process is served under the

14 Code of Civil Procedure.

15 (e) A respondent may file objections to the complaint

16 within 30 days after notice of the petition has been served on

17 the respondent.

18 (f) The Commission shall meet, at least 30 days after the

19 complaint is served on all respondents either in person or by

20 telephone, in a closed session to review the sufficiency of the

21 complaint. The Commission shall issue notice by certified mail,

22 return receipt requested, to the Legislative Inspector

23 General, the Attorney General, and all respondents of the

24 Commission's ruling on the sufficiency of the complaint. If the

25 complaint is deemed to sufficiently allege a violation of this

26 Act, then the Commission shall include a hearing date scheduled

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1 within 4 weeks after the date of the notice, unless all of the

2 parties consent to a later date. If the complaint is deemed not

3 to sufficiently allege a violation, then the Commission shall

4 send by certified mail, return receipt requested, a notice to

5 the Legislative Inspector General, the Attorney General, and

6 all respondents the decision to dismiss the complaint.

7 (g) On the scheduled date the Commission shall conduct a

8 closed meeting, either in person or, if the parties consent, by

9 telephone, on the complaint and allow all parties the

10 opportunity to present testimony and evidence. All such

11 proceedings shall be transcribed.

12 (h) Within an appropriate time limit set by rules of the

13 Legislative Ethics Commission, the Commission shall (i)

14 dismiss the complaint, (ii) issue a recommendation of

15 discipline to the respondent and the respondent's ultimate

16 jurisdictional authority, (iii) impose an administrative fine

17 upon the respondent, (iv) issue injunctive relief as described

18 in Section 50-10, or (v) impose a combination of (ii) through

19 (iv).

20 (i) The proceedings on any complaint filed with the

21 Commission shall be conducted pursuant to rules promulgated by

22 the Commission.

23 (j) The Commission may designate hearing officers to

24 conduct proceedings as determined by rule of the Commission.

25 (k) In all proceedings before the Commission, the standard

26 of proof is by a preponderance of the evidence.

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1 (l) Within 30 days after the issuance of a final

2 administrative decision that concludes that a violation

3 occurred, the Legislative Ethics Commission shall make public

4 the entire record of proceedings before the Commission, the

5 decision, any recommendation, any discipline imposed, and the

6 response from the agency head or ultimate jurisdictional

7 authority to the Legislative Ethics Commission.

8 (Source: P.A. 100-588, eff. 6-8-18.)

9 (5 ILCS 430/25-63 new)

10 Sec. 25-63. Rights of persons subjected to discrimination,

11 harassment, or sexual harassment.

12 (a) As used in this Section, "complainant" means a known

13 person identified in a complaint filed with the Legislative

14 Inspector General as a person subjected to alleged

15 discrimination, harassment, or sexual harassment in violation

16 of Section 5-65 of this Act or Article 2 of the Illinois Human

17 Rights Act, regardless of whether the complaint is filed by the

18 person.

19 (b) A complainant shall have the following rights:

20 (1) within 5 business days of the Legislative Inspector

21 General receiving a complaint in which the complainant is

22 identified, to be notified by the Legislative Inspector

23 General of the receipt of the complaint, the complainant's

24 rights, and an explanation of the process, rules, and

25 procedures related to the investigating an allegation, and

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1 the duties of the Legislative Inspector General and the

2 Legislative Ethics Commission;

3 (2) within 5 business days after the Legislative

4 Inspector General's decision to open or close an

5 investigation into the complaint or refer the complaint to

6 another appropriate agency, to be notified of the

7 Legislative Inspector General's decision; however, if the

8 Legislative Inspector General reasonably determines that

9 publicly acknowledging the existence of an investigation

10 would interfere with the conduct or completion of that

11 investigation, the notification may be withheld until

12 public acknowledgment of the investigation would no longer

13 interfere with that investigation;

14 (3) to review statements and evidence given to the

15 Legislative Inspector General by the complainant and the

16 Legislative Inspector General's summarization of those

17 statements and evidence, if such summary exists. The

18 complainant may make suggestions of changes for the

19 Legislative Inspector General's consideration, but the

20 Legislative Inspector General shall have the final

21 authority to determine what statements, evidence, and

22 summaries are included in any report of the investigation;

23 (4) to have a union representative, attorney,

24 co-worker, or other support person who is not involved in

25 the investigation, at the complainant's expense, present

26 at any interview or meeting, whether in person or by

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1 telephone or audio-visual communication, between the

2 complainant and the Legislative Inspector General or

3 Legislative Ethics Commission;

4 (5) to submit a complainant impact statement that shall

5 be included with the Legislative Inspector General's

6 summary report to the Legislative Ethics Commission for its

7 consideration;

8 (6) to testify at a hearing held under subsection (g)

9 of Section 25-50, to the extent the hearing is based on an

10 allegation of a violation of Section 5-65 of this Act

11 involving the complainant, and have a single union

12 representative, attorney, co-worker, or other support

13 person who is not involved in the investigation, at the

14 complainant's expense, accompany him or her while

15 testifying;

16 (7) to review, within 5 business days prior to its

17 release, any portion of a summary report of the

18 investigation subject to public release under this Article

19 related to the allegations concerning the complainant,

20 after redactions made by the Legislative Ethics

21 Commission, and offer suggestions for redaction or provide

22 a response that shall be made public with the summary

23 report; and

24 (8) to file a complaint with the Legislative Ethics

25 Commission for any violation of the complainant's rights

26 under this Section by the Legislative Inspector General.

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1 (c) The complainant shall have the sole discretion in

2 determining whether or not to exercise the rights set forth in

3 this Section. All rights under this Section shall be waived if

4 the complainant fails to cooperate with the Legislative

5 Inspector General's investigation of the complaint.

6 (d) The notice requirements imposed on the Legislative

7 Inspector General by this Section shall be waived if the

8 Legislative Inspector General is unable to identify or locate

9 the complainant.

10 (e) A complainant receiving a copy of any summary report,

11 in whole or in part, under this Section shall keep the report

12 confidential and shall not disclose the report prior to the

13 publication of the report by the Legislative Ethics Commission.

14 A complainant that violates this subsection (e) shall be

15 subject to an administrative fine by the Legislative Ethics

16 Commission of up to $5,000.

17 (5 ILCS 430/70-5)

18 Sec. 70-5. Adoption by governmental entities.

19 (a) Within 6 months after the effective date of this Act,

20 each governmental entity other than a community college

21 district, and each community college district within 6 months

22 after the effective date of this amendatory Act of the 95th

23 General Assembly, shall adopt an ordinance or resolution that

24 regulates, in a manner no less restrictive than Section 5-15

25 and Article 10 of this Act, (i) the political activities of

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1 officers and employees of the governmental entity and (ii) the

2 soliciting and accepting of gifts by and the offering and

3 making of gifts to officers and employees of the governmental

4 entity. No later than 60 days after the effective date of this

5 amendatory Act of the 100th General Assembly, each governmental

6 unit shall adopt an ordinance or resolution establishing a

7 policy to prohibit sexual harassment. The policy shall include,

8 at a minimum: (i) a prohibition on sexual harassment; (ii)

9 details on how an individual can report an allegation of sexual

10 harassment, including options for making a confidential report

11 to a supervisor, ethics officer, Inspector General, or the

12 Department of Human Rights; (iii) a prohibition on retaliation

13 for reporting sexual harassment allegations, including

14 availability of whistleblower protections under this Act, the

15 Whistleblower Act, and the Illinois Human Rights Act; and (iv)

16 the consequences of a violation of the prohibition on sexual

17 harassment and the consequences for knowingly making a false

18 report. Within 6 months after the effective date of this

19 amendatory Act of the 101st General Assembly, each governmental

20 unit that is not subject to the jurisdiction of a State or

21 local Inspector General shall adopt an ordinance or resolution

22 amending its sexual harassment policy to provide for a

23 mechanism for reporting and independent review of allegations

24 of sexual harassment made against an elected official of the

25 governmental unit by another elected official of a governmental

26 unit.

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1 (b) Within 3 months after the effective date of this

2 amendatory Act of the 93rd General Assembly, the Attorney

3 General shall develop model ordinances and resolutions for the

4 purpose of this Article. The Attorney General shall advise

5 governmental entities on their contents and adoption.

6 (c) As used in this Article, (i) an "officer" means an

7 elected or appointed official; regardless of whether the

8 official is compensated, and (ii) an "employee" means a

9 full-time, part-time, or contractual employee.

10 (Source: P.A. 100-554, eff. 11-16-17.)

11 Section 6-15. The Lobbyist Registration Act is amended by

12 changing Section 4.7 as follows:

13 (25 ILCS 170/4.7)

14 Sec. 4.7. Prohibition on sexual harassment.

15 (a) All persons have the right to work in an environment

16 free from sexual harassment. All persons subject to this Act

17 shall refrain from sexual harassment of any person.

18 (b) Until January 1, 2020 ~~Beginning January 1, 2018~~, each

19 natural person required to register as a lobbyist under this

20 Act must complete, at least annually, a sexual harassment

21 training program provided by the Secretary of State. A natural

22 person registered under this Act must complete the training

23 program no later than 30 days after registration or renewal

24 under this Act. This requirement does not apply to a lobbying

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1 entity or a client that hires a lobbyist that (i) does not have

2 employees of the lobbying entity or client registered as

3 lobbyists, or (ii) does not have an actual presence in

4 Illinois.

5 (b-5) Beginning January 1, 2020, each natural person

6 required to register as a lobbyist under this Act must

7 complete, at least annually, a harassment and discrimination

8 prevention training program provided by the Secretary of State.

9 A natural person registered under this Act must complete the

10 training program no later than 30 days after registration or

11 renewal under this Act. This requirement does not apply to a

12 lobbying entity or a client that hires a lobbyist that (i) does

13 not have employees of the lobbying entity or client registered

14 as lobbyists, or (ii) does not have an actual presence in

15 Illinois. For the purposes of this subsection, "unlawful

16 discrimination" and "harassment" mean unlawful discrimination

17 and harassment prohibited under Section 2-102 of the Illinois

18 Human Rights Act.

19 (c) No later than January 1, 2018, each natural person and

20 any entity required to register under this Act shall have a

21 written sexual harassment policy that shall include, at a

22 minimum: (i) a prohibition on sexual harassment; (ii) details

23 on how an individual can report an allegation of sexual

24 harassment, including options for making a confidential report

25 to a supervisor, ethics officer, Inspector General, or the

26 Department of Human Rights; (iii) a prohibition on retaliation

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1 for reporting sexual harassment allegations, including

2 availability of whistleblower protections under the State

3 Officials and Employee Ethics Act, the Whistleblower Act, and

4 the Illinois Human Rights Act; and (iv) the consequences of a

5 violation of the prohibition on sexual harassment and the

6 consequences for knowingly making a false report.

7 (d) For purposes of this Act, "sexual harassment" means any

8 unwelcome sexual advances or requests for sexual favors or any

9 conduct of a sexual nature when: (i) submission to such conduct

10 is made either explicitly or implicitly a term or condition of

11 an individual's employment; (ii) submission to or rejection of

12 such conduct by an individual is used as the basis for

13 employment decisions affecting such individual; or (iii) such

14 conduct has the purpose or effect of substantially interfering

15 with an individual's work performance or creating an

16 intimidating, hostile, or offensive working environment. For

17 the purposes of this definition, the phrase "working

18 environment" is not limited to a physical location an employee

19 is assigned to perform his or her duties and does not require

20 an employment relationship.

21 (e) The Secretary of State shall adopt rules for the

22 implementation of this Section. In order to provide for the

23 expeditious and timely implementation of this Section, the

24 Secretary of State shall adopt emergency rules under subsection

25 (z) of Section 5-45 of the Illinois Administrative Procedure

26 Act for the implementation of this Section no later than 60

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1 days after the effective date of this amendatory Act of the

2 100th General Assembly.

3 (Source: P.A. 100-554, eff. 11-16-17.)

4 Article 99.

5 Section 99-97. Severability. The provisions of this Act are

6 severable under Section 1.31 of the Statute on Statutes.

7 Section 99-99. Effective date. This Act takes effect

8 January 1, 2020, except that: (i) Article 5 takes effect July

9 1, 2020; and (ii) Article 6 and this Article take effect upon

10 becoming law.".