|
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 HB4134 Introduced , by Rep. Litesa E. Wallace SYNOPSIS AS INTRODUCED: |
| 5 ILCS 430/1-5 | | 5 ILCS 430/5-13 new | | 5 ILCS 430/25-15 | | 5 ILCS 430/25-20 | | 5 ILCS 430/25-23 | | 5 ILCS 430/25-50a new | | 25 ILCS 170/2 | from Ch. 63, par. 172 | 25 ILCS 170/4.7 new | | 25 ILCS 170/7 | from Ch. 63, par. 177 |
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Amends the State Officials and Employees Ethics Act. Provides for the implementation of a sexual harassment training program to be completed by specified State officials and employees, and to be conducted by the appropriate State agency of those State officials and employees. Provides additional requirements for operation of the program, and for reporting and completion of sexual harassment training under the program. Authorizes the Legislative Ethics Commission to make rulings, issue recommendations, and impose administrative fines in connection with findings of sexual harassment. Authorizes the Legislative Inspector General to receive and investigate allegations of sexual harassment. Requires ethics officers to provide guidance to officers and employees in registering complaints about sexual harassment with the Legislative Inspector General. Provides for sexual harassment complaint procedures. Amends the Lobbyist Registration Act. Requires the Secretary of State to receive and investigate allegations of sexual harassment, and to immediately transmit those allegations to the Secretary of State Inspector General. Provides that each natural person required to register as a lobbyist under the Act must complete a program of sexual harassment training no later than 30 days after registration or renewal of registration under the Act. Defines terms. Effective immediately.
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| | A BILL FOR |
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1 | | AN ACT concerning government.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 5. The State Officials and Employees Ethics Act is |
5 | | amended by changing Sections 1-5, 25-15, 25-20, and 25-23 and |
6 | | by adding Sections 5-13 and 25-50a as follows:
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7 | | (5 ILCS 430/1-5)
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8 | | Sec. 1-5. Definitions. As used in this Act:
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9 | | "Appointee" means a person appointed to a position in or |
10 | | with a State
agency, regardless of whether the position is |
11 | | compensated.
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12 | | "Board members of Regional Transit Boards" means any person |
13 | | appointed to serve on the governing board of a Regional Transit |
14 | | Board. |
15 | | "Campaign for elective office" means any activity in |
16 | | furtherance of an
effort to influence the selection, |
17 | | nomination, election, or appointment of any
individual to any |
18 | | federal, State, or local public office or office in a
political |
19 | | organization, or the selection, nomination, or election
of |
20 | | Presidential or Vice-Presidential electors,
but does not |
21 | | include
activities (i) relating to the support or opposition of |
22 | | any executive,
legislative, or administrative action (as those |
23 | | terms are defined in Section 2
of the Lobbyist Registration |
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1 | | Act), (ii) relating to collective bargaining, or
(iii) that are |
2 | | otherwise in furtherance of the person's official State duties.
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3 | | "Candidate" means a person who has
filed nominating papers |
4 | | or petitions for nomination or election to an elected
State |
5 | | office, or who has been appointed to fill a vacancy in |
6 | | nomination, and
who remains eligible for placement on the |
7 | | ballot at either a
general primary election or general |
8 | | election.
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9 | | "Collective bargaining" has the same meaning as that term |
10 | | is defined in
Section 3 of the Illinois Public Labor Relations |
11 | | Act.
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12 | | "Commission" means an ethics commission created by this |
13 | | Act.
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14 | | "Compensated time" means any time worked by or credited to |
15 | | a State employee
that counts
toward any minimum work time |
16 | | requirement imposed as a condition of employment
with a State |
17 | | agency, but does not include any designated State holidays or |
18 | | any
period when the employee is on a
leave of absence.
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19 | | "Compensatory time off" means authorized time off earned by |
20 | | or awarded to a
State employee to compensate in whole or in |
21 | | part for time worked in excess of
the minimum work time |
22 | | required
of that employee as a condition of employment with a |
23 | | State agency.
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24 | | "Contribution" has the same meaning as that term is defined |
25 | | in Section 9-1.4
of the Election Code.
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26 | | "Employee" means (i) any person employed full-time, |
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1 | | part-time, or
pursuant to a contract and whose employment |
2 | | duties are subject to the direction
and
control of an employer |
3 | | with regard to the material details of how the work is
to be |
4 | | performed or (ii) any appointed or elected commissioner, |
5 | | trustee, director, or board member of a board of a State |
6 | | agency, including any retirement system or investment board |
7 | | subject to the Illinois Pension Code or (iii) any other |
8 | | appointee.
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9 | | "Employment benefits" include but are not limited to the |
10 | | following: modified compensation or benefit terms; compensated |
11 | | time off; or change of title, job duties, or location of office |
12 | | or employment. An employment benefit may also include favorable |
13 | | treatment in determining whether to bring any disciplinary or |
14 | | similar action or favorable treatment during the course of any |
15 | | disciplinary or similar action or other performance review. |
16 | | "Executive branch constitutional officer" means the |
17 | | Governor, Lieutenant
Governor, Attorney General, Secretary of |
18 | | State, Comptroller, and Treasurer.
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19 | | "Gift" means any gratuity, discount, entertainment, |
20 | | hospitality, loan,
forbearance, or other tangible or |
21 | | intangible item having monetary value
including, but not
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22 | | limited to, cash, food and drink, and honoraria for speaking |
23 | | engagements
related to or attributable to government |
24 | | employment or the official position of
an
employee, member, or |
25 | | officer.
The value of a gift may be further defined by rules |
26 | | adopted by the appropriate ethics commission or by the Auditor |
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1 | | General for the Auditor General and for employees of the office |
2 | | of the Auditor General.
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3 | | "Governmental entity" means a unit of local government |
4 | | (including a community college district) or a school
district |
5 | | but not a State
agency or a Regional Transit Board.
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6 | | "Leave of absence" means any period during which a State |
7 | | employee does not
receive (i) compensation for State |
8 | | employment, (ii) service credit towards
State pension |
9 | | benefits, and (iii) health insurance benefits paid for by the
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10 | | State.
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11 | | "Legislative branch constitutional officer" means a member |
12 | | of the General
Assembly and the Auditor General.
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13 | | "Legislative leader" means the President and Minority |
14 | | Leader of the Senate
and the Speaker and Minority Leader of the |
15 | | House of Representatives.
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16 | | "Member" means a member of the General Assembly.
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17 | | "Officer" means an executive branch constitutional officer
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18 | | or a
legislative branch constitutional officer.
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19 | | "Political" means any activity in support
of or in |
20 | | connection with any campaign for elective office or any |
21 | | political
organization, but does not include activities (i) |
22 | | relating to the support or
opposition of any executive, |
23 | | legislative, or administrative action (as those
terms are |
24 | | defined in Section 2 of the Lobbyist Registration Act), (ii) |
25 | | relating
to collective bargaining, or (iii) that are
otherwise
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26 | | in furtherance of the person's official
State duties or |
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1 | | governmental and public service functions.
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2 | | "Political organization" means a party, committee, |
3 | | association, fund, or
other organization (whether or not |
4 | | incorporated) that is required to file a
statement of |
5 | | organization with the State Board of Elections or a county |
6 | | clerk
under Section 9-3 of the Election Code, but only with |
7 | | regard to those
activities that require filing with the State |
8 | | Board of Elections or a county
clerk.
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9 | | "Prohibited political activity" means:
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10 | | (1) Preparing for, organizing, or participating in any
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11 | | political meeting, political rally, political |
12 | | demonstration, or other political
event.
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13 | | (2) Soliciting contributions, including but not |
14 | | limited to the purchase
of, selling, distributing, or |
15 | | receiving
payment for tickets for any political |
16 | | fundraiser,
political meeting, or other political event.
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17 | | (3) Soliciting, planning the solicitation of, or |
18 | | preparing any document or
report regarding any thing of |
19 | | value intended as a campaign contribution.
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20 | | (4) Planning, conducting, or participating in a public |
21 | | opinion
poll in connection with a campaign for elective |
22 | | office or on behalf of a
political organization for |
23 | | political purposes or for or against any referendum
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24 | | question.
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25 | | (5) Surveying or gathering information from potential |
26 | | or actual
voters in an election to determine probable vote |
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1 | | outcome in connection with a
campaign for elective office |
2 | | or on behalf of a political organization for
political |
3 | | purposes or for or against any referendum question.
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4 | | (6) Assisting at the polls on election day on behalf of |
5 | | any
political organization or candidate for elective |
6 | | office or for or against any
referendum
question.
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7 | | (7) Soliciting votes on behalf of a candidate for |
8 | | elective office or a
political organization or for or |
9 | | against any referendum question or helping in
an effort to |
10 | | get voters
to the polls.
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11 | | (8) Initiating for circulation, preparing, |
12 | | circulating, reviewing, or
filing any petition on
behalf of |
13 | | a candidate for elective office or for or against any |
14 | | referendum
question.
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15 | | (9) Making contributions on behalf
of any candidate for |
16 | | elective office in that capacity or in connection with a
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17 | | campaign for elective office.
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18 | | (10) Preparing or reviewing responses to candidate |
19 | | questionnaires in
connection with a campaign for elective |
20 | | office or on behalf of a political
organization for |
21 | | political purposes.
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22 | | (11) Distributing, preparing for distribution, or |
23 | | mailing campaign
literature, campaign signs, or other |
24 | | campaign material on behalf of any
candidate for elective |
25 | | office or for or against any referendum question.
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26 | | (12) Campaigning for any elective
office or for or |
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1 | | against any referendum question.
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2 | | (13) Managing or working on a campaign for elective
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3 | | office or for or against any referendum question.
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4 | | (14) Serving as a delegate, alternate, or proxy to a |
5 | | political
party convention.
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6 | | (15) Participating in any recount or challenge to the |
7 | | outcome of
any election, except to the extent that under |
8 | | subsection (d) of
Section 6 of Article IV of the Illinois |
9 | | Constitution each house of the General
Assembly shall judge |
10 | | the elections, returns, and qualifications of its members.
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11 | | "Prohibited source" means any person or entity who:
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12 | | (1) is seeking official action (i) by the
member or |
13 | | officer or (ii) in the case of an employee, by
the employee
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14 | | or by the
member, officer, State agency, or other employee |
15 | | directing the
employee;
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16 | | (2) does business or seeks to do business (i) with the
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17 | | member or officer or (ii) in the case of an employee,
with |
18 | | the
employee or with the member, officer, State agency, or |
19 | | other
employee directing the
employee;
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20 | | (3) conducts activities regulated (i) by the
member or |
21 | | officer or (ii) in the case of an employee, by
the employee |
22 | | or by the member, officer, State agency, or
other employee |
23 | | directing the employee;
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24 | | (4) has interests that may be substantially affected by |
25 | | the performance or
non-performance of the official duties |
26 | | of the member, officer, or
employee;
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1 | | (5) is registered or required to be registered with the |
2 | | Secretary of State
under the Lobbyist Registration Act, |
3 | | except that an entity not otherwise a
prohibited source |
4 | | does not become a prohibited source merely because a
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5 | | registered lobbyist is one of its members or serves on its |
6 | | board of
directors; or |
7 | | (6) is an agent of, a spouse of, or an immediate family |
8 | | member who is living with a "prohibited source".
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9 | | "Regional Transit Boards" means (i) the Regional |
10 | | Transportation Authority created by the Regional |
11 | | Transportation Authority Act, (ii) the Suburban Bus Division |
12 | | created by the Regional Transportation Authority Act, (iii) the |
13 | | Commuter Rail Division created by the Regional Transportation |
14 | | Authority Act, and (iv) the Chicago Transit Authority created |
15 | | by the Metropolitan Transit Authority Act. |
16 | | "Sexual harassment" includes unwelcome sexual advances, |
17 | | requests for sexual favors, and other verbal, visual and |
18 | | physical conduct of a sexual nature. Sexual harassment |
19 | | includes, but is not limited to: |
20 | | (1) Verbal harassment (lewd or suggestive remarks, |
21 | | sexual language, pranks, epithets, derogatory statements, |
22 | | jokes, threats, slurs, demands for dates). |
23 | | (2) Physical harassment (touching, patting, pinching, |
24 | | or brushing against another's body). |
25 | | (3) Visual harassment (posters, cartoons, gross or |
26 | | lewd gestures, calendars, pictures, drawings, greeting |
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1 | | cards, leering). |
2 | | (4) Sexual innuendo and demands for sexual favors |
3 | | (unwelcome sexual statements or advances). |
4 | | (5) Sexual harassment includes any form of sexually |
5 | | oriented conduct regardless of whether it occurs face-to- |
6 | | face, in writing, on the telephone, by electronic mail, via |
7 | | the Internet, or by some indirect form of communication. |
8 | | (6) Sexual harassment may involve individuals of the |
9 | | same or different gender and is prohibited whether directed |
10 | | toward men or women. |
11 | | "State agency" includes all officers, boards, commissions |
12 | | and agencies
created by the Constitution, whether in the |
13 | | executive or legislative
branch; all officers,
departments, |
14 | | boards, commissions, agencies, institutions, authorities,
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15 | | public institutions of higher learning as defined in Section 2 |
16 | | of the Higher
Education
Cooperation Act (except community |
17 | | colleges), and bodies politic and corporate of the State; and
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18 | | administrative
units or corporate outgrowths of the State |
19 | | government which are created by
or pursuant to statute, other |
20 | | than units of local government (including community college |
21 | | districts) and their
officers, school districts, and boards of |
22 | | election commissioners; and all
administrative units and |
23 | | corporate outgrowths of the above and as may be
created by |
24 | | executive order of the Governor. "State agency" includes the |
25 | | General
Assembly, the Senate, the House of Representatives, the |
26 | | President and Minority
Leader of the Senate, the Speaker and |
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1 | | Minority Leader of the House of
Representatives, the Senate |
2 | | Operations Commission, and the legislative support
services |
3 | | agencies. "State agency" includes the Office
of the Auditor |
4 | | General. "State agency" does not include the judicial branch.
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5 | | "State employee" means any employee of a State agency.
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6 | | "Ultimate jurisdictional
authority" means the following:
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7 | | (1) For members, legislative partisan staff, and |
8 | | legislative secretaries,
the appropriate
legislative |
9 | | leader: President of the
Senate, Minority Leader of the |
10 | | Senate, Speaker of the House of Representatives,
or |
11 | | Minority Leader of the House of Representatives.
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12 | | (2) For State employees who are professional staff or |
13 | | employees of the
Senate and not covered under item (1), the |
14 | | Senate Operations Commission.
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15 | | (3) For State employees who are professional staff or |
16 | | employees of the
House of Representatives and not covered |
17 | | under item (1), the Speaker of the
House of |
18 | | Representatives.
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19 | | (4) For State employees who are employees of the |
20 | | legislative support
services agencies, the Joint Committee |
21 | | on Legislative Support Services.
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22 | | (5) For State employees of the Auditor General, the |
23 | | Auditor General.
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24 | | (6) For State employees of public institutions of |
25 | | higher learning as
defined in Section 2 of the Higher |
26 | | Education Cooperation Act (except community colleges), the |
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1 | | board of
trustees of the appropriate public institution of |
2 | | higher learning.
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3 | | (7) For State employees of an executive branch |
4 | | constitutional officer
other than those described in |
5 | | paragraph (6), the
appropriate executive branch |
6 | | constitutional officer.
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7 | | (8) For State employees not under the jurisdiction of |
8 | | paragraph (1), (2),
(3), (4), (5), (6), or (7), the |
9 | | Governor.
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10 | | (9) For employees of Regional Transit Boards, the |
11 | | appropriate Regional Transit Board.
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12 | | (10) For board members of Regional Transit Boards, the |
13 | | Governor. |
14 | | (Source: P.A. 96-6, eff. 4-3-09; 96-555, eff. 8-18-09; 96-1528, |
15 | | eff. 7-1-11; 96-1533, eff. 3-4-11; 97-813, eff. 7-13-12.) |
16 | | (5 ILCS 430/5-13 new) |
17 | | Sec. 5-13. Sexual harassment training. |
18 | | (a) Each officer, member, and employee must complete, at |
19 | | least annually, beginning in 2017, a sexual harassment training |
20 | | program conducted by the appropriate State agency. Each |
21 | | ultimate jurisdictional authority must implement a sexual |
22 | | harassment training program for its officers, members, and |
23 | | employees. These sexual harassment training programs shall be |
24 | | overseen by the appropriate Ethics Commission and Inspector |
25 | | General appointed under this Act in consultation with the |
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1 | | Office of the Attorney General. |
2 | | (b) Each ultimate jurisdictional authority subject to the |
3 | | Executive Ethics Commission shall submit to the Executive |
4 | | Ethics Commission, at least annually, or more frequently as |
5 | | required by that Commission, an annual report that summarizes |
6 | | sexual harassment training that was completed during the |
7 | | previous year, and lays out the plan for the sexual harassment |
8 | | training programs in the coming year. |
9 | | (c) Each Inspector General shall set standards and |
10 | | determine the hours and frequency of training necessary for |
11 | | each position or category of positions. A person who fills a |
12 | | vacancy in an elective or appointed position that requires |
13 | | training and a person employed in a position that requires |
14 | | training must complete his or her initial sexual harassment |
15 | | training within 30 days after commencement of his or her office |
16 | | or employment. |
17 | | (d) Upon completion of the sexual harassment training |
18 | | program, each officer, member, and employee must certify in |
19 | | writing that the person has completed the training program. |
20 | | Each officer, member, and employee must provide to his or her |
21 | | ethics officer a signed copy of the certification by the |
22 | | deadline for completion of the sexual harassment training |
23 | | program. |
24 | | (e) The sexual harassment training provided under this Act |
25 | | by the Secretary of State may be expanded to satisfy the |
26 | | requirement of Section 4.7 of the Lobbyist Registration Act. |
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1 | | (5 ILCS 430/25-15)
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2 | | Sec. 25-15. Duties of the Legislative Ethics Commission. In |
3 | | addition to
duties otherwise assigned by law, the Legislative |
4 | | Ethics Commission shall have
the following duties:
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5 | | (1) To promulgate rules governing the performance of |
6 | | its duties and the
exercise of its powers and governing the |
7 | | investigations of the Legislative
Inspector General.
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8 | | (2) To conduct administrative hearings and rule on |
9 | | matters
brought before the Commission only upon the receipt |
10 | | of pleadings
filed by the Legislative Inspector General and |
11 | | not upon its own
prerogative, but may appoint special |
12 | | Legislative Inspectors General as provided
in Section |
13 | | 25-21. Any other allegations of misconduct received by the
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14 | | Commission from a person other than the Legislative |
15 | | Inspector General
shall be referred to the Office of the |
16 | | Legislative Inspector General.
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17 | | (3) To prepare and publish manuals and guides and, |
18 | | working with
the Office of the Attorney General, oversee
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19 | | training of employees under its jurisdiction that explains |
20 | | their duties.
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21 | | (4) To prepare public information materials to |
22 | | facilitate
compliance, implementation, and enforcement of |
23 | | this Act.
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24 | | (5) To submit reports as required by this Act.
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25 | | (6) To the extent authorized by this Act, to make |
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1 | | rulings, issue
recommendations, and impose administrative |
2 | | fines,
if appropriate,
in
connection with the |
3 | | implementation and interpretation of this Act.
The powers |
4 | | and duties of the
Commission are limited to matters clearly |
5 | | within the purview of this
Act.
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6 | | (7) To issue subpoenas with respect to matters pending |
7 | | before the Commission,
subject to the provisions of this |
8 | | Article and in the
discretion of the Commission,
to compel |
9 | | the attendance of witnesses for purposes of testimony and
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10 | | the production of documents and other items for inspection |
11 | | and
copying.
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12 | | (8) To appoint special Legislative Inspectors General |
13 | | as provided in Section
25-21.
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14 | | (9) To the extent authorized by this Act, to make |
15 | | rulings, issue recommendations, and impose administrative |
16 | | fines, if appropriate, in connection with findings of |
17 | | sexual harassment. |
18 | | (Source: P.A. 93-617, eff. 12-9-03.) |
19 | | (5 ILCS 430/25-20)
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20 | | Sec. 25-20. Duties of the Legislative Inspector
General. In |
21 | | addition to duties otherwise assigned by law,
the Legislative |
22 | | Inspector General shall have the following duties:
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23 | | (1) To receive and investigate allegations of |
24 | | violations of this
Act. An investigation may not be |
25 | | initiated
more than one year after the most recent act of |
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1 | | the alleged violation or of a
series of alleged violations |
2 | | except where there is reasonable cause to believe
that |
3 | | fraudulent concealment has occurred. To constitute |
4 | | fraudulent concealment
sufficient to toll this limitations |
5 | | period, there must be an affirmative act or
representation |
6 | | calculated to prevent discovery of the fact that a |
7 | | violation
has occurred. The
Legislative Inspector General |
8 | | shall have the discretion to determine the
appropriate |
9 | | means of investigation as permitted by law.
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10 | | (2) To request information relating to an |
11 | | investigation from any
person when the Legislative |
12 | | Inspector General deems that information necessary
in
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13 | | conducting an investigation.
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14 | | (3) To issue subpoenas, with the advance approval of |
15 | | the Commission,
to compel the attendance of witnesses for |
16 | | the
purposes of testimony and production of documents and |
17 | | other items for
inspection and copying and to make service |
18 | | of those subpoenas and subpoenas
issued under item (7) of |
19 | | Section 25-15.
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20 | | (4) To submit reports as required by this Act.
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21 | | (5) To file
pleadings in the name of
the Legislative |
22 | | Inspector General with the Legislative Ethics
Commission, |
23 | | through the Attorney General, as provided in this Article |
24 | | if the
Attorney General finds that reasonable cause exists |
25 | | to believe that a violation
has
occurred.
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26 | | (6) To assist and coordinate the ethics officers
for |
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1 | | State agencies under the jurisdiction of the
Legislative |
2 | | Inspector General and to work with those ethics officers.
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3 | | (7) To participate in or conduct, when appropriate, |
4 | | multi-jurisdictional
investigations.
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5 | | (8) To request, as the Legislative Inspector General |
6 | | deems appropriate,
from ethics officers
of State agencies |
7 | | under his or her jurisdiction, reports or information
on |
8 | | (i) the content of a State agency's ethics
training program |
9 | | and (ii) the percentage of new officers and
employees who |
10 | | have completed ethics training.
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11 | | (9) To establish a policy that ensures the appropriate |
12 | | handling and correct recording of all investigations of |
13 | | allegations and to ensure that the policy is accessible via |
14 | | the Internet in order that those seeking to report those |
15 | | allegations are familiar with the process and that the |
16 | | subjects of those allegations are treated fairly. |
17 | | (10) To receive and investigate allegations of sexual |
18 | | harassment. The Legislative Inspector General shall have |
19 | | the discretion to determine the appropriate means of |
20 | | investigation as permitted by law. |
21 | | (Source: P.A. 96-555, eff. 8-18-09.) |
22 | | (5 ILCS 430/25-23)
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23 | | Sec. 25-23. Ethics Officers.
The President and Minority |
24 | | Leader of the Senate
and
the Speaker and Minority Leader of the |
25 | | House of Representatives shall each
appoint an ethics officer |
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1 | | for the members and employees of his or her
legislative
caucus.
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2 | | No later than January 1, 2004, the head of each State agency |
3 | | under the
jurisdiction of the
Legislative Ethics Commission, |
4 | | other than the General Assembly, shall
designate an ethics
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5 | | officer for the State agency.
Ethics Officers shall:
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6 | | (1) act as liaisons between the State agency and the |
7 | | Legislative
Inspector
General and between the State agency |
8 | | and the Legislative Ethics
Commission;
|
9 | | (2) review statements of economic interest and |
10 | | disclosure forms of
officers, senior employees, and |
11 | | contract
monitors
before they are filed with the
Secretary |
12 | | of State; and
|
13 | | (3) provide guidance to officers and employees
in the |
14 | | interpretation and implementation of this Act, which the |
15 | | officer or
employee may in good faith rely upon. Such |
16 | | guidance
shall be based, wherever possible, upon legal |
17 | | precedent in court decisions,
opinions of the Attorney |
18 | | General, and the findings and opinions of the
Legislative |
19 | | Ethics Commission ; and .
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20 | | (4) provide guidance to officers and employees in |
21 | | registering complaints about sexual harassment with the |
22 | | Legislative Inspector General. |
23 | | (Source: P.A. 93-617, eff. 12-9-03.) |
24 | | (5 ILCS 430/25-50a new) |
25 | | Sec. 25-50a. Sexual harassment complaint procedure. |
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1 | | (a) Employees, who believe they are being sexually |
2 | | harassed, or have witnessed such conduct, should immediately |
3 | | report the matter to the Legislative Inspector General. |
4 | | (b) Reports of sexual harassment will be investigated in as |
5 | | confidential a manner as possible. The Legislative Inspector |
6 | | General shall not permit anyone who objects to harassment, |
7 | | makes a complaint, or assists in any investigation to be |
8 | | subjected to any form of retaliation. If any employee believes |
9 | | he/she is being retaliated against, the employee should report |
10 | | the matter to the Legislative Inspector General. |
11 | | Section 10. The Lobbyist Registration Act is amended by |
12 | | changing Sections 2 and 7 and by adding Section 4.7 as follows: |
13 | | (25 ILCS 170/2) (from Ch. 63, par. 172) |
14 | | Sec. 2. Definitions. As used in this Act, unless the |
15 | | context otherwise
requires: |
16 | | (a) "Person" means any individual, firm, partnership, |
17 | | committee,
association, corporation, or any other organization |
18 | | or group of persons. |
19 | | (b) "Expenditure" means a payment, distribution, loan, |
20 | | advance, deposit,
or gift of money or anything of value, and |
21 | | includes a contract, promise, or
agreement, whether or not |
22 | | legally enforceable, to make an expenditure, for
the ultimate |
23 | | purpose of influencing executive, legislative, or |
24 | | administrative
action, other than compensation as defined in |
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1 | | subsection (d). |
2 | | (c) "Official" means: |
3 | | (1) the Governor, Lieutenant Governor, Secretary of |
4 | | State, Attorney
General, State Treasurer, and State |
5 | | Comptroller; |
6 | | (2) Chiefs of Staff for officials described in item |
7 | | (1); |
8 | | (3) Cabinet members of any elected constitutional |
9 | | officer, including
Directors, Assistant Directors and |
10 | | Chief Legal Counsel or General Counsel; |
11 | | (4) Members of the General Assembly; and |
12 | | (5) Members of any board, commission, authority, or |
13 | | task force of the State authorized or created by State law |
14 | | or by executive order of the Governor. |
15 | | (d) "Compensation" means any money, thing of value or |
16 | | financial benefits
received or to be received in return for |
17 | | services rendered or to be
rendered, for lobbying as defined in |
18 | | subsection (e). |
19 | | Monies paid to members of the General Assembly by the State |
20 | | as
remuneration for performance of their Constitutional and |
21 | | statutory duties
as members of the General Assembly shall not |
22 | | constitute compensation as
defined by this Act. |
23 | | (e) "Lobby" and "lobbying"
means any communication with an |
24 | | official of the
executive or legislative branch of State |
25 | | government as defined in subsection
(c) for the ultimate |
26 | | purpose of influencing any executive, legislative, or
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1 | | administrative action. |
2 | | (f) "Influencing" means any communication, action, |
3 | | reportable
expenditure as prescribed in Section 6 or other |
4 | | means used to promote,
support, affect, modify, oppose or delay |
5 | | any executive, legislative or
administrative action or to |
6 | | promote goodwill with officials as defined in
subsection (c). |
7 | | (g) "Executive action" means the proposal, drafting, |
8 | | development,
consideration, amendment, adoption, approval, |
9 | | promulgation, issuance,
modification, rejection or |
10 | | postponement by a State entity of a rule,
regulation, order, |
11 | | decision, determination, contractual arrangement, purchasing
|
12 | | agreement or other quasi-legislative or quasi-judicial action |
13 | | or proceeding. |
14 | | (h) "Legislative action" means the development, drafting, |
15 | | introduction,
consideration, modification, adoption, |
16 | | rejection, review, enactment, or passage
or defeat of any bill, |
17 | | amendment, resolution, report, nomination,
administrative rule |
18 | | or other matter by either house of the General Assembly or
a |
19 | | committee thereof, or by a legislator. Legislative action also |
20 | | means the
action of the Governor in approving or vetoing any |
21 | | bill or portion thereof, and
the action of the Governor or any |
22 | | agency in the development of a proposal for
introduction in the |
23 | | legislature. |
24 | | (i) "Administrative action" means the execution or |
25 | | rejection of any rule,
regulation, legislative rule, standard, |
26 | | fee, rate, contractual arrangement,
purchasing agreement or |
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1 | | other delegated legislative or quasi-legislative action
to be |
2 | | taken or withheld by any executive agency, department, board or
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3 | | commission of the State. |
4 | | (j) "Lobbyist" means any natural person who undertakes to |
5 | | lobby State government
as provided in subsection (e). |
6 | | (k) "Lobbying entity" means any entity that hires, retains, |
7 | | employs, or compensates a natural person to lobby State |
8 | | government as provided in subsection (e).
|
9 | | (l) "Authorized agent" means the person designated by an |
10 | | entity or lobbyist registered under this Act as the person |
11 | | responsible for submission and retention of reports required |
12 | | under this Act. |
13 | | (m) "Client" means any person or entity that provides |
14 | | compensation to a lobbyist to lobby State government as |
15 | | provided in subsection (e) of this Section. |
16 | | (n) "Client registrant" means a client who is required to |
17 | | register under this Act. |
18 | | (o) "Sexual harassment" includes unwelcome sexual |
19 | | advances, requests for sexual favors and other verbal, visual |
20 | | and physical conduct of a sexual nature. Sexual harassment |
21 | | includes, but is not limited to: |
22 | | (1) Verbal harassment (lewd or suggestive remarks, |
23 | | sexual language, pranks, epithets, derogatory statements, |
24 | | jokes, threats, slurs, demands for dates). |
25 | | (2) Physical harassment (touching, patting, pinching, |
26 | | or brushing against another's body). |
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1 | | (3) Visual harassment (posters, cartoons, gross or |
2 | | lewd gestures, calendars, pictures, drawings, greeting |
3 | | cards, leering). |
4 | | (4) Sexual innuendo and demands for sexual favors |
5 | | (unwelcome sexual statements or advances). |
6 | | (5) Sexual harassment includes any form of sexually |
7 | | oriented conduct regardless of whether it occurs face-to- |
8 | | face, in writing, on the telephone, by electronic mail, via |
9 | | the Internet, or by some indirect form of communication. |
10 | | (6) Sexual harassment may involve individuals of the |
11 | | same or different gender and is prohibited whether directed |
12 | | toward men or women. |
13 | | (Source: P.A. 98-459, eff. 1-1-14.) |
14 | | (25 ILCS 170/4.7 new) |
15 | | Sec. 4.7. Sexual harassment training. Each natural person |
16 | | required to register as a lobbyist under this Act must complete |
17 | | a program of sexual harassment training provided by the |
18 | | Secretary of State. A natural person registered under this Act |
19 | | must complete the training program no later than 30 days after |
20 | | registration or renewal under this Act. If the Secretary of |
21 | | State uses the sexual harassment training developed in |
22 | | accordance with Section 5-13 of the State Officials and |
23 | | Employees Ethics Act, that training may be expanded to include |
24 | | appropriate information pertaining to sexual harassment in the |
25 | | context of lobbying activities. |
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1 | | The Secretary of State shall adopt rules for the |
2 | | implementation of this Section. |
3 | | (25 ILCS 170/7) (from Ch. 63, par. 177) |
4 | | Sec. 7. Duties of the Secretary of State.
|
5 | | (a) It shall be the duty of the Secretary of State to |
6 | | provide appropriate
forms for the registration and reporting of |
7 | | information required by this
Act and to keep such registrations |
8 | | and reports on file in his office for 3
years from the date of |
9 | | filing. He shall also provide and maintain a
register with |
10 | | appropriate blanks and indexes so that the information
required |
11 | | in Sections 5 and 6 of this Act may be accordingly entered. |
12 | | Such
records shall be considered public information and open to |
13 | | public
inspection.
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14 | | (b) Within 5 business days after a filing deadline, the |
15 | | Secretary of State shall notify
persons he determines are |
16 | | required to file but have failed to do so.
|
17 | | (c) The Secretary of State shall provide adequate software |
18 | | to the persons required to file under this Act, and all |
19 | | registrations, reports, statements, and amendments required to |
20 | | be filed shall be filed electronically.
The Secretary of
State |
21 | | shall promptly make all filed reports publicly available by |
22 | | means of a
searchable database that is accessible through the |
23 | | World Wide Web. The
Secretary of State shall provide all |
24 | | software necessary to comply with this
provision to all persons |
25 | | required to file. The Secretary of State shall
implement a plan |
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1 | | to provide computer access and assistance to persons
required |
2 | | to file electronically. |
3 | | (d) The Secretary of State shall include registrants'
|
4 | | pictures when publishing
or posting on his or her website the |
5 | | information required in Section 5.
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6 | | (e) The Secretary of State shall receive and investigate |
7 | | allegations of violations of this Act. Any employee of the |
8 | | Secretary of State who receives an allegation shall immediately |
9 | | transmit it to the Secretary of State Inspector General.
|
10 | | (f) The Secretary of State shall receive and investigate |
11 | | allegations of sexual harassment. Any employee of the Secretary |
12 | | of State who receives an allegation shall immediately transmit |
13 | | it to the Secretary of State Inspector General. |
14 | | (Source: P.A. 96-555, eff. 1-1-10; 96-1358, eff. 7-28-10.)
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15 | | Section 99. Effective date. This Act takes effect upon |
16 | | becoming law.
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