Sen. Melinda Bush

Filed: 5/31/2018

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 138

2    AMENDMENT NO. ______. Amend House Bill 138 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The State Officials and Employees Ethics Act is
5amended by changing Sections 20-20, 20-50, 20-85, 20-90, 25-5,
625-10, 25-15, 25-20, 25-50, 25-70, 25-85, 25-90, 25-95, and
750-5 and by adding Section 25-100 as follows:
 
8    (5 ILCS 430/20-20)
9    Sec. 20-20. Duties of the Executive Inspectors General. In
10addition to duties otherwise assigned by law, each Executive
11Inspector General shall have the following duties:
12        (1) To receive and investigate allegations of
13    violations of this Act. An investigation may not be
14    initiated more than one year after the most recent act of
15    the alleged violation or of a series of alleged violations
16    except where there is reasonable cause to believe that

 

 

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1    fraudulent concealment has occurred. To constitute
2    fraudulent concealment sufficient to toll this limitations
3    period, there must be an affirmative act or representation
4    calculated to prevent discovery of the fact that a
5    violation has occurred. The Executive Inspector General
6    shall have the discretion to determine the appropriate
7    means of investigation as permitted by law.
8        (2) To request information relating to an
9    investigation from any person when the Executive Inspector
10    General deems that information necessary in conducting an
11    investigation.
12        (3) To issue subpoenas to compel the attendance of
13    witnesses for the purposes of testimony and production of
14    documents and other items for inspection and copying and to
15    make service of those subpoenas and subpoenas issued under
16    item (7) of Section 20-15.
17        (4) To submit reports as required by this Act.
18        (5) To file pleadings in the name of the Executive
19    Inspector General with the Executive Ethics Commission,
20    through the Attorney General, as provided in this Article
21    if the Attorney General finds that reasonable cause exists
22    to believe that a violation has occurred.
23        (6) To assist and coordinate the ethics officers for
24    State agencies under the jurisdiction of the Executive
25    Inspector General and to work with those ethics officers.
26        (7) To participate in or conduct, when appropriate,

 

 

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1    multi-jurisdictional investigations.
2        (8) To request, as the Executive Inspector General
3    deems appropriate, from ethics officers of State agencies
4    under his or her jurisdiction, reports or information on
5    (i) the content of a State agency's ethics training program
6    and (ii) the percentage of new officers and employees who
7    have completed ethics training.
8        (9) To review hiring and employment files of each State
9    agency within the Executive Inspector General's
10    jurisdiction to ensure compliance with Rutan v. Republican
11    Party of Illinois, 497 U.S. 62 (1990), and with all
12    applicable employment laws.
13        (10) To establish a policy that ensures the appropriate
14    handling and correct recording of all investigations
15    conducted by the Office, and to ensure that the policy is
16    accessible via the Internet in order that those seeking to
17    report those allegations are familiar with the process and
18    that the subjects of those allegations are treated fairly.
19        (11) To post information to the Executive Inspector
20    General's website explaining to complainants and subjects
21    of an investigation the legal limitations on the Executive
22    Inspector General's ability to provide information to them
23    and a general overview of the investigation process.
24(Source: P.A. 96-555, eff. 8-18-09.)
 
25    (5 ILCS 430/20-50)

 

 

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1    Sec. 20-50. Investigation reports.
2    (a) If an Executive Inspector General, upon the conclusion
3of an investigation, determines that reasonable cause exists to
4believe that a violation has occurred, then the Executive
5Inspector General shall issue a summary report of the
6investigation. The report shall be delivered to the appropriate
7ultimate jurisdictional authority and to the head of each State
8agency affected by or involved in the investigation, if
9appropriate. The appropriate ultimate jurisdictional authority
10or agency head shall respond to the summary report within 20
11days, in writing, to the Executive Inspector General. The
12response shall include a description of any corrective or
13disciplinary action to be imposed. If the appropriate ultimate
14jurisdictional authority does not respond within 20 days, or
15within an extended time period as agreed to by the Executive
16Inspector General, an Executive Inspector General may proceed
17under subsection (c) as if a response had been received.
18    (b) The summary report of the investigation shall include
19the following:
20        (1) A description of any allegations or other
21    information received by the Executive Inspector General
22    pertinent to the investigation.
23        (2) A description of any alleged misconduct discovered
24    in the course of the investigation.
25        (3) Recommendations for any corrective or disciplinary
26    action to be taken in response to any alleged misconduct

 

 

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1    described in the report, including but not limited to
2    discharge.
3        (4) Other information the Executive Inspector General
4    deems relevant to the investigation or resulting
5    recommendations.
6    (c) Within 30 days after receiving a response from the
7appropriate ultimate jurisdictional authority or agency head
8under subsection (a), the Executive Inspector General shall
9notify the Commission and the Attorney General if the Executive
10Inspector General believes that a complaint should be filed
11with the Commission. If the Executive Inspector General desires
12to file a complaint with the Commission, the Executive
13Inspector General shall submit the summary report and
14supporting documents to the Attorney General. If the Attorney
15General concludes that there is insufficient evidence that a
16violation has occurred, the Attorney General shall notify the
17Executive Inspector General and the Executive Inspector
18General shall deliver to the Executive Ethics Commission a copy
19of the summary report and response from the ultimate
20jurisdictional authority or agency head. If the Attorney
21General determines that reasonable cause exists to believe that
22a violation has occurred, then the Executive Inspector General,
23represented by the Attorney General, may file with the
24Executive Ethics Commission a complaint. The complaint shall
25set forth the alleged violation and the grounds that exist to
26support the complaint. The complaint must be filed with the

 

 

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1Commission within 18 months after the most recent act of the
2alleged violation or of a series of alleged violations except
3where there is reasonable cause to believe that fraudulent
4concealment has occurred. To constitute fraudulent concealment
5sufficient to toll this limitations period, there must be an
6affirmative act or representation calculated to prevent
7discovery of the fact that a violation has occurred. If a
8complaint is not filed with the Commission within 6 months
9after notice by the Inspector General to the Commission and the
10Attorney General, then the Commission may set a meeting of the
11Commission at which the Attorney General shall appear and
12provide a status report to the Commission.
13    (c-5) Within 30 days after receiving a response from the
14appropriate ultimate jurisdictional authority or agency head
15under subsection (a), if the Executive Inspector General does
16not believe that a complaint should be filed, the Executive
17Inspector General shall deliver to the Executive Ethics
18Commission a statement setting forth the basis for the decision
19not to file a complaint and a copy of the summary report and
20response from the ultimate jurisdictional authority or agency
21head. An Inspector General may also submit a redacted version
22of the summary report and response from the ultimate
23jurisdictional authority if the Inspector General believes
24either contains information that, in the opinion of the
25Inspector General, should be redacted prior to releasing the
26report, may interfere with an ongoing investigation, or

 

 

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1identifies an informant or complainant.
2    (c-10) If, after reviewing the documents, the Commission
3believes that further investigation is warranted, the
4Commission may request that the Executive Inspector General
5provide additional information or conduct further
6investigation. The Commission may also appoint a Special
7Executive Inspector General to investigate or refer the summary
8report and response from the ultimate jurisdictional authority
9to the Attorney General for further investigation or review. If
10the Commission requests the Attorney General to investigate or
11review, the Commission must notify the Attorney General and the
12Inspector General. The Attorney General may not begin an
13investigation or review until receipt of notice from the
14Commission. If, after review, the Attorney General determines
15that reasonable cause exists to believe that a violation has
16occurred, then the Attorney General may file a complaint with
17the Executive Ethics Commission. If the Attorney General
18concludes that there is insufficient evidence that a violation
19has occurred, the Attorney General shall notify the Executive
20Ethics Commission and the appropriate Executive Inspector
21General.
22    (d) A copy of the complaint filed with the Executive Ethics
23Commission must be served on all respondents named in the
24complaint and on each respondent's ultimate jurisdictional
25authority in the same manner as process is served under the
26Code of Civil Procedure.

 

 

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1    (e) A respondent may file objections to the complaint
2within 30 days after notice of the petition has been served on
3the respondent.
4    (f) The Commission shall meet, either in person or by
5telephone, at least 30 days after the complaint is served on
6all respondents in a closed session to review the sufficiency
7of the complaint. The Commission shall issue notice by
8certified mail, return receipt requested, to the Executive
9Inspector General, Attorney General, and all respondents of the
10Commission's ruling on the sufficiency of the complaint. If the
11complaint is deemed to sufficiently allege a violation of this
12Act, then the Commission shall include a hearing date scheduled
13within 4 weeks after the date of the notice, unless all of the
14parties consent to a later date. If the complaint is deemed not
15to sufficiently allege a violation, then the Commission shall
16send by certified mail, return receipt requested, a notice to
17the Executive Inspector General, Attorney General, and all
18respondents of the decision to dismiss the complaint.
19    (g) On the scheduled date the Commission shall conduct a
20closed meeting, either in person or, if the parties consent, by
21telephone, on the complaint and allow all parties the
22opportunity to present testimony and evidence. All such
23proceedings shall be transcribed.
24    (h) Within an appropriate time limit set by rules of the
25Executive Ethics Commission, the Commission shall (i) dismiss
26the complaint, (ii) issue a recommendation of discipline to the

 

 

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1respondent and the respondent's ultimate jurisdictional
2authority, (iii) impose an administrative fine upon the
3respondent, (iv) issue injunctive relief as described in
4Section 50-10, or (v) impose a combination of (ii) through
5(iv).
6    (i) The proceedings on any complaint filed with the
7Commission shall be conducted pursuant to rules promulgated by
8the Commission.
9    (j) The Commission may designate hearing officers to
10conduct proceedings as determined by rule of the Commission.
11    (k) In all proceedings before the Commission, the standard
12of proof is by a preponderance of the evidence.
13    (l) Within 30 days after the issuance of a final
14administrative decision that concludes that a violation
15occurred, the Executive Ethics Commission shall make public the
16entire record of proceedings before the Commission, the
17decision, any recommendation, any discipline imposed, and the
18response from the agency head or ultimate jurisdictional
19authority to the Executive Ethics Commission.
20(Source: P.A. 96-555, eff. 8-18-09.)
 
21    (5 ILCS 430/20-85)
22    Sec. 20-85. Monthly reports by Executive Inspector
23General. Each Executive Inspector General shall submit monthly
24reports to the appropriate executive branch constitutional
25officer, on dates determined by the executive branch

 

 

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1constitutional officer, indicating:
2        (1) the total number of allegations received since the
3    date of the last report and the total number of allegations
4    received since the date of the last report by category of
5    claim;
6        (2) the total number of investigations initiated since
7    the date of the last report and the total number of
8    investigations initiated since the date of the last report
9    by category of claim;
10        (3) the total number of investigations concluded since
11    the date of the last report and the total number of
12    investigations concluded since the date of the last report
13    by category of claim;
14        (4) the total number of investigations pending as of
15    the reporting date and the total number of investigations
16    pending as of the reporting date by category of claim;
17        (5) the total number of complaints forwarded to the
18    Attorney General since the date of the last report;
19        (6) the total number of actions filed with the
20    Executive Ethics Commission since the date of the last
21    report, and the total number of actions pending before the
22    Executive Ethics Commission as of the reporting date , the
23    total number of actions filed with the Executive Ethics
24    Commission since the date of the last report by category of
25    claim, and the total number of actions pending before the
26    Executive Ethics Commission as of the reporting date by

 

 

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1    category of claim; and
2        (7) the total number of allegations referred to any law
3    enforcement agency since the date of the last report; .
4        (8) the total number of allegations referred to another
5    investigatory body since the date of the last report; and
6        (9) the cumulative number of each of the foregoing for
7    the current calendar year.
8    For the purposes of this Section, "category of claim" shall
9include discrimination claims, harassment claims, sexual
10harassment claims, retaliation claims, gift ban claims,
11prohibited political activity claims, revolving door
12prohibition claims, and other, miscellaneous, or
13uncharacterized claims.
14    The monthly report shall be available on the websites of
15the Executive Inspector General and the constitutional
16officer.
17(Source: P.A. 96-555, eff. 8-18-09.)
 
18    (5 ILCS 430/20-90)
19    Sec. 20-90. Confidentiality.
20    (a) The identity of any individual providing information or
21reporting any possible or alleged misconduct to an Executive
22Inspector General or the Executive Ethics Commission shall be
23kept confidential and may not be disclosed without the consent
24of that individual, unless the individual consents to
25disclosure of his or her name or disclosure of the individual's

 

 

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1identity is otherwise required by law. The confidentiality
2granted by this subsection does not preclude the disclosure of
3the identity of a person in any capacity other than as the
4source of an allegation.
5    (b) Subject to the provisions of Section 20-52,
6commissioners, employees, and agents of the Executive Ethics
7Commission, the Executive Inspectors General, and employees
8and agents of each Office of an Executive Inspector General,
9the Attorney General, and the employees and agents of the
10office of the Attorney General shall keep confidential and
11shall not disclose information exempted from disclosure under
12the Freedom of Information Act or by this Act, provided the
13identity of any individual providing information or reporting
14any possible or alleged misconduct to the Executive Inspector
15General for the Governor may be disclosed to an Inspector
16General appointed or employed by a Regional Transit Board in
17accordance with Section 75-10.
18    (c) In his or her discretion, an Executive Inspector
19General may notify complainants and subjects of an
20investigation with an update on the status of the respective
21investigation, including when the investigation is opened and
22closed.
23(Source: P.A. 96-555, eff. 8-18-09; 96-1528, eff. 7-1-11.)
 
24    (5 ILCS 430/25-5)
25    Sec. 25-5. Legislative Ethics Commission.

 

 

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1    (a) The Legislative Ethics Commission is created.
2    (b) The Legislative Ethics Commission shall consist of 8
3commissioners appointed 2 each by the President and Minority
4Leader of the Senate and the Speaker and Minority Leader of the
5House of Representatives.
6    The terms of the initial commissioners shall commence upon
7qualification. Each appointing authority shall designate one
8appointee who shall serve for a 2-year term running through
9June 30, 2005. Each appointing authority shall designate one
10appointee who shall serve for a 4-year term running through
11June 30, 2007. The initial appointments shall be made within 60
12days after the effective date of this Act.
13    After the initial terms, commissioners shall serve for
144-year terms commencing on July 1 of the year of appointment
15and running through June 30 of the fourth following year.
16Commissioners may be reappointed to one or more subsequent
17terms.
18    Vacancies occurring other than at the end of a term shall
19be filled by the appointing authority only for the balance of
20the term of the commissioner whose office is vacant.
21    Terms shall run regardless of whether the position is
22filled.
23    (c) The appointing authorities shall appoint commissioners
24who have experience holding governmental office or employment
25and may appoint commissioners who are members of the General
26Assembly as well as commissioners from the general public. A

 

 

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1commissioner who is a member of the General Assembly must
2recuse himself or herself from participating in any matter
3relating to any investigation or proceeding in which he or she
4is the subject or is a complainant. A person is not eligible to
5serve as a commissioner if that person (i) has been convicted
6of a felony or a crime of dishonesty or moral turpitude, (ii)
7is, or was within the preceding 12 months, engaged in
8activities that require registration under the Lobbyist
9Registration Act, (iii) is a relative of the appointing
10authority, or (iv) is a State officer or employee other than a
11member of the General Assembly, or (v) is a candidate for
12statewide office, federal office, or judicial office.
13    (c-5) If a commissioner is required to recuse himself or
14herself from participating in a matter as provided in
15subsection (c), the recusal shall create a temporary vacancy
16for the limited purpose of consideration of the matter for
17which the commissioner recused himself or herself, and the
18appointing authority for the recusing commissioner shall make a
19temporary appointment to fill the vacancy for consideration of
20the matter for which the commissioner recused himself or
21herself.
22    (d) The Legislative Ethics Commission shall have
23jurisdiction over current and former members of the General
24Assembly regarding events occurring during a member's term of
25office and current and former all State employees regarding
26events occurring during any period of employment where the

 

 

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1State employee's whose ultimate jurisdictional authority is
2(i) a legislative leader, (ii) the Senate Operations
3Commission, or (iii) the Joint Committee on Legislative Support
4Services. The jurisdiction of the Commission is limited to
5matters arising under this Act.
6    An officer or executive branch State employee serving on a
7legislative branch board or commission remains subject to the
8jurisdiction of the Executive Ethics Commission and is not
9subject to the jurisdiction of the Legislative Ethics
10Commission.
11    (e) The Legislative Ethics Commission must meet, either in
12person or by other technological means, monthly or as often as
13necessary. At the first meeting of the Legislative Ethics
14Commission, the commissioners shall choose from their number a
15chairperson and other officers that they deem appropriate. The
16terms of officers shall be for 2 years commencing July 1 and
17running through June 30 of the second following year. Meetings
18shall be held at the call of the chairperson or any 3
19commissioners. Official action by the Commission shall require
20the affirmative vote of 5 commissioners, and a quorum shall
21consist of 5 commissioners. Commissioners shall receive no
22compensation but may be reimbursed for their reasonable
23expenses actually incurred in the performance of their duties.
24    (f) No commissioner, other than a commissioner who is a
25member of the General Assembly, or employee of the Legislative
26Ethics Commission may during his or her term of appointment or

 

 

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1employment:
2        (1) become a candidate for any elective office;
3        (2) hold any other elected or appointed public office
4    except for appointments on governmental advisory boards or
5    study commissions or as otherwise expressly authorized by
6    law;
7        (3) be actively involved in the affairs of any
8    political party or political organization; or
9        (4) advocate for the appointment of another person to
10    an appointed or elected office or position or actively
11    participate in any campaign for any elective office.
12    (f-5) No commissioner who is a member of the General
13Assembly may be a candidate for statewide office, federal
14office, or judicial office. If a commissioner who is a member
15of the General Assembly files petitions to be a candidate for a
16statewide office, federal office, or judicial office, he or she
17shall be deemed to have resigned from his or her position as a
18commissioner on the date his or her name is certified for the
19ballot by the State Board of Elections or local election
20authority and his or position as a commissioner shall be deemed
21vacant. Such person may not be reappointed to the Commission
22during any time he or she is a candidate for statewide office,
23federal office, or judicial office.
24    (g) An appointing authority may remove a commissioner only
25for cause.
26    (h) The Legislative Ethics Commission shall appoint an

 

 

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1Executive Director subject to the approval of at least 3 of the
24 legislative leaders. The compensation of the Executive
3Director shall be as determined by the Commission. The
4Executive Director of the Legislative Ethics Commission may
5employ, subject to the approval of at least 3 of the 4
6legislative leaders, and determine the compensation of staff,
7as appropriations permit.
8    (i) In consultation with the Legislative Inspector
9General, the Legislative Ethics Commission may develop
10comprehensive training for members and employees under its
11jurisdiction that includes, but is not limited to, sexual
12harassment, employment discrimination, and workplace civility.
13The training may be recommended to the ultimate jurisdictional
14authorities and may be approved by the Commission to satisfy
15the sexual harassment training required under Section 5-10.5 or
16be provided in addition to the annual sexual harassment
17training required under Section 5-10.5. The Commission may seek
18input from governmental agencies or private entities for
19guidance in developing such training.
20(Source: P.A. 96-555, eff. 8-18-09.)
 
21    (5 ILCS 430/25-10)
22    Sec. 25-10. Office of Legislative Inspector General.
23    (a) The independent Office of the Legislative Inspector
24General is created. The Office shall be under the direction and
25supervision of the Legislative Inspector General and shall be a

 

 

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1fully independent office with its own appropriation.
2    (b) The Legislative Inspector General shall be appointed
3without regard to political affiliation and solely on the basis
4of integrity and demonstrated ability. The Legislative Ethics
5Commission shall diligently search out qualified candidates
6for Legislative Inspector General and shall make
7recommendations to the General Assembly. The Legislative
8Inspector General may serve in a full-time, part-time, or
9contractual capacity.
10    The Legislative Inspector General shall be appointed by a
11joint resolution of the Senate and the House of
12Representatives, which may specify the date on which the
13appointment takes effect. A joint resolution, or other document
14as may be specified by the Joint Rules of the General Assembly,
15appointing the Legislative Inspector General must be certified
16by the Speaker of the House of Representatives and the
17President of the Senate as having been adopted by the
18affirmative vote of three-fifths of the members elected to each
19house, respectively, and be filed with the Secretary of State.
20The appointment of the Legislative Inspector General takes
21effect on the day the appointment is completed by the General
22Assembly, unless the appointment specifies a later date on
23which it is to become effective.
24    The Legislative Inspector General shall have the following
25qualifications:
26        (1) has not been convicted of any felony under the laws

 

 

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1    of this State, another state, or the United States;
2        (2) has earned a baccalaureate degree from an
3    institution of higher education; and
4        (3) has 5 or more years of cumulative service (A) with
5    a federal, State, or local law enforcement agency, at least
6    2 years of which have been in a progressive investigatory
7    capacity; (B) as a federal, State, or local prosecutor; (C)
8    as a senior manager or executive of a federal, State, or
9    local agency; (D) as a member, an officer, or a State or
10    federal judge; or (E) representing any combination of (A)
11    through (D).
12    The Legislative Inspector General may not be a relative of
13a commissioner.
14    The term of the initial Legislative Inspector General shall
15commence upon qualification and shall run through June 30,
162008.
17    After the initial term, the Legislative Inspector General
18shall serve for 5-year terms commencing on July 1 of the year
19of appointment and running through June 30 of the fifth
20following year. The Legislative Inspector General may be
21reappointed to one or more subsequent terms. Terms shall run
22regardless of whether the position is filled.
23    (b-5) A vacancy occurring other than at the end of a term
24shall be filled in the same manner as an appointment only for
25the balance of the term of the Legislative Inspector General
26whose office is vacant. Within 7 days of the Office becoming

 

 

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1vacant or receipt of a Legislative Inspector General's
2prospective resignation, the vacancy shall be publicly posted
3on the Commission's website, along with a description of the
4requirements for the position and where applicants may apply.
5    Within 45 days of the vacancy, If the Office is vacant, or
6if a Legislative Inspector General resigns, the Commission
7shall designate an Acting Legislative Inspector General who
8shall serve until the vacancy is filled. The Commission shall
9file the designation in writing with the Secretary of State.
10    Within 60 days prior to the end of the term of the
11Legislative Inspector General or within 30 days of the
12occurrence of a vacancy in the Office of the Legislative
13Inspector General, the Legislative Ethics Commission shall
14establish a four-member search committee within the Commission
15for the purpose of conducting a search for qualified candidates
16to serve as Legislative Inspector General. The Speaker of the
17House of Representatives, Minority Leader of the House, Senate
18President, and Minority Leader of the Senate shall each appoint
19one member to the search committee. A member of the search
20committee shall be either a retired judge or former prosecutor
21and may not be a member or employee of the General Assembly or
22a registered lobbyist. If the Legislative Ethics Commission
23wishes to recommend that the Legislative Inspector General be
24re-appointed, a search committee does not need to be appointed.
25    The search committee shall conduct a search for qualified
26candidates, accept applications, and conduct interviews. The

 

 

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1search committee shall recommend up to 3 candidates for
2Legislative Inspector General to the Legislative Ethics
3Commission. The search committee shall be disbanded upon an
4appointment of the Legislative Inspector General. Members of
5the search committee are not entitled to compensation but shall
6be entitled to reimbursement of reasonable expenses incurred in
7connection with the performance of their duties.
8    Within 30 days after the effective date of this amendatory
9Act of the 100th General Assembly, the Legislative Ethics
10Commission shall create a search committee in the manner
11provided for in this subsection to recommend up to 3 candidates
12for Legislative Inspector General to the Legislative Ethics
13Commission by October 31, 2018.
14    If a vacancy exists and the Commission has not appointed an
15Acting Legislative Inspector General, either the staff of the
16Office of the Legislative Inspector General, or if there is no
17staff, the Executive Director, shall advise the Commission of
18all open investigations and any new allegations or complaints
19received in the Office of the Inspector General. These reports
20shall not include the name of any person identified in the
21allegation or complaint, including, but not limited to, the
22subject of and the person filing the allegation or complaint.
23Notification shall be made to the Commission on a weekly basis
24unless the Commission approves of a different reporting
25schedule.
26    If the Office of the Inspector General is vacant for 6

 

 

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1months or more beginning on or after January 1, 2019, and the
2Legislative Ethics Commission has not appointed an Acting
3Legislative Inspector General, all complaints made to the
4Legislative Inspector General or the Legislative Ethics
5Commission shall be directed to the Inspector General for the
6Auditor General, and he or she shall have the authority to act
7as provided in subsection (c) of this Section and Section 25-20
8of this Act, and shall be subject to all laws and rules
9governing a Legislative Inspector General or Acting
10Legislative Inspector General. The authority for the Inspector
11General of the Auditor General under this paragraph shall
12terminate upon appointment of a Legislative Inspector General
13or an Acting Legislative Inspector General.
14    Terms shall run regardless of whether the position is
15filled.
16    (c) The Legislative Inspector General shall have
17jurisdiction over the current and former members of the General
18Assembly regarding events occurring during a member's term of
19office and current and former all State employees regarding
20events occurring during any period of employment where the
21State employee's whose ultimate jurisdictional authority is
22(i) a legislative leader, (ii) the Senate Operations
23Commission, or (iii) the Joint Committee on Legislative Support
24Services.
25    The jurisdiction of each Legislative Inspector General is
26to investigate allegations of fraud, waste, abuse,

 

 

10000HB0138sam001- 23 -LRB100 03805 JWD 41198 a

1mismanagement, misconduct, nonfeasance, misfeasance,
2malfeasance, or violations of this Act or violations of other
3related laws and rules.
4    (d) The compensation of the Legislative Inspector General
5shall be the greater of an amount (i) determined by the
6Commission or (ii) by joint resolution of the General Assembly
7passed by a majority of members elected in each chamber.
8Subject to Section 25-45 of this Act, the Legislative Inspector
9General has full authority to organize the Office of the
10Legislative Inspector General, including the employment and
11determination of the compensation of staff, such as deputies,
12assistants, and other employees, as appropriations permit.
13Employment of staff is subject to the approval of at least 3 of
14the 4 legislative leaders.
15    (e) No Legislative Inspector General or employee of the
16Office of the Legislative Inspector General may, during his or
17her term of appointment or employment:
18        (1) become a candidate for any elective office;
19        (2) hold any other elected or appointed public office
20    except for appointments on governmental advisory boards or
21    study commissions or as otherwise expressly authorized by
22    law;
23        (3) be actively involved in the affairs of any
24    political party or political organization; or
25        (4) actively participate in any campaign for any
26    elective office.

 

 

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1    A full-time Legislative Inspector General shall not engage
2in the practice of law or any other business, employment, or
3vocation.
4    In this subsection an appointed public office means a
5position authorized by law that is filled by an appointing
6authority as provided by law and does not include employment by
7hiring in the ordinary course of business.
8    (e-1) No Legislative Inspector General or employee of the
9Office of the Legislative Inspector General may, for one year
10after 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
16be waived by the Legislative Ethics Commission.
17    (f) The Commission may remove the Legislative Inspector
18General only for cause. At the time of the removal, the
19Commission must report to the General Assembly the
20justification for the removal.
21(Source: P.A. 98-631, eff. 5-29-14.)
 
22    (5 ILCS 430/25-15)
23    Sec. 25-15. Duties of the Legislative Ethics Commission.
24In addition to duties otherwise assigned by law, the
25Legislative Ethics Commission shall have the following duties:

 

 

10000HB0138sam001- 25 -LRB100 03805 JWD 41198 a

1        (1) To promulgate rules governing the performance of
2    its duties and the exercise of its powers and governing the
3    investigations of the Legislative Inspector General. The
4    rules shall be available on the Commission's website and
5    any proposed changes to the rules must be made available to
6    the public on the Commission's website no less than 7 days
7    before the adoption of the changes. Any person shall be
8    given an opportunity to provide written or oral testimony
9    before the Commission in support of or opposition to
10    proposed rules.
11        (2) To conduct administrative hearings and rule on
12    matters brought before the Commission only upon the receipt
13    of pleadings filed by the Legislative Inspector General and
14    not upon its own prerogative, but may appoint special
15    Legislative Inspectors General as provided in Section
16    25-21. Any other allegations of misconduct received by the
17    Commission from a person other than the Legislative
18    Inspector General shall be referred to the Office of the
19    Legislative Inspector General.
20        (3) To prepare and publish manuals and guides and,
21    working with the Office of the Attorney General, oversee
22    training of employees under its jurisdiction that explains
23    their duties.
24        (4) To prepare public information materials to
25    facilitate compliance, implementation, and enforcement of
26    this Act.

 

 

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1        (5) To submit reports as required by this Act.
2        (6) To the extent authorized by this Act, to make
3    rulings, issue recommendations, and impose administrative
4    fines, if appropriate, in connection with the
5    implementation and interpretation of this Act. The powers
6    and duties of the Commission are limited to matters clearly
7    within the purview of this Act.
8        (7) To issue subpoenas with respect to matters pending
9    before the Commission, subject to the provisions of this
10    Article and in the discretion of the Commission, to compel
11    the attendance of witnesses for purposes of testimony and
12    the production of documents and other items for inspection
13    and copying.
14        (8) To appoint special Legislative Inspectors General
15    as provided in Section 25-21.
16        (9) To conspicuously display on the Commission's
17    website the procedures for reporting a violation of this
18    Act, including how to report violations via email or
19    online.
20        (10) To conspicuously display on the Commission's
21    website any vacancies within the Office of the Legislative
22    Inspector General.
23        (11) To appoint an Acting Legislative Inspector
24    General in the event of a vacancy in the Office of the
25    Legislative Inspector General.
26(Source: P.A. 100-554, eff. 11-16-17.)
 

 

 

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1    (5 ILCS 430/25-20)
2    Sec. 25-20. Duties of the Legislative Inspector General.
3In addition to duties otherwise assigned by law, the
4Legislative Inspector General shall have the following duties:
5        (1) To receive and investigate allegations of
6    violations of this Act. Except as otherwise provided in
7    paragraph (1.5), an investigation may not be initiated more
8    than one year after the most recent act of the alleged
9    violation or of a series of alleged violations except where
10    there is reasonable cause to believe that fraudulent
11    concealment has occurred. To constitute fraudulent
12    concealment sufficient to toll this limitations period,
13    there must be an affirmative act or representation
14    calculated to prevent discovery of the fact that a
15    violation has occurred. The Legislative Inspector General
16    shall have the discretion to determine the appropriate
17    means of investigation as permitted by law.
18        (1.5) Notwithstanding any provision of law to the
19    contrary, the Legislative Inspector General, whether
20    appointed by the Legislative Ethics Commission or the
21    General Assembly, may initiate an investigation based on
22    information provided to the Office of the Legislative
23    Inspector General or the Legislative Ethics Commission
24    during the period from December 1, 2014 through November 3,
25    2017. Any investigation initiated under this paragraph

 

 

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1    (1.5) must be initiated within one year after the effective
2    date of this amendatory Act of the 100th General Assembly.
3    Notwithstanding any provision of law to the contrary, the
4Legislative Inspector General, through the Attorney General,
5shall have the authority to file a complaint related to any
6founded violations that occurred during the period December 1,
72014 through November 3, 2017 to the Legislative Ethics
8Commission, and the Commission shall have jurisdiction to
9conduct administrative hearings related to any pleadings filed
10by the Legislative Inspector General, provided the complaint is
11filed with the Commission no later than 6 months after the
12summary report is provided to the Attorney General in
13accordance with subsection (c) of Section 25-50.
14        (2) To request information relating to an
15    investigation from any person when the Legislative
16    Inspector General deems that information necessary in
17    conducting an investigation.
18        (3) To issue subpoenas, with the advance approval of
19    the Commission, to compel the attendance of witnesses for
20    the purposes of testimony and production of documents and
21    other items for inspection and copying and to make service
22    of those subpoenas and subpoenas issued under item (7) of
23    Section 25-15.
24        (4) To submit reports as required by this Act.
25        (5) To file pleadings in the name of the Legislative
26    Inspector General with the Legislative Ethics Commission,

 

 

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1    through the Attorney General, as provided in this Article
2    if the Attorney General finds that reasonable cause exists
3    to believe that a violation has occurred.
4        (6) To assist and coordinate the ethics officers for
5    State agencies under the jurisdiction of the Legislative
6    Inspector General and to work with those ethics officers.
7        (7) To participate in or conduct, when appropriate,
8    multi-jurisdictional investigations.
9        (8) To request, as the Legislative Inspector General
10    deems appropriate, from ethics officers of State agencies
11    under his or her jurisdiction, reports or information on
12    (i) the content of a State agency's ethics training program
13    and (ii) the percentage of new officers and employees who
14    have completed ethics training.
15        (9) To establish a policy that ensures the appropriate
16    handling and correct recording of all investigations of
17    allegations and to ensure that the policy is accessible via
18    the Internet in order that those seeking to report those
19    allegations are familiar with the process and that the
20    subjects of those allegations are treated fairly.
21        (10) To post information to the Legislative Inspector
22    General's website explaining to complainants and subjects
23    of an investigation the legal limitations on the
24    Legislative Inspector General's ability to provide
25    information to them and a general overview of the
26    investigation process.

 

 

10000HB0138sam001- 30 -LRB100 03805 JWD 41198 a

1(Source: P.A. 100-553, eff. 11-16-17.)
 
2    (5 ILCS 430/25-50)
3    Sec. 25-50. Investigation reports.
4    (a) If the Legislative Inspector General, upon the
5conclusion of an investigation, determines that reasonable
6cause exists to believe that a violation has occurred, then the
7Legislative Inspector General shall issue a summary report of
8the investigation. The report shall be delivered to the
9appropriate ultimate jurisdictional authority, and to the head
10of each State agency affected by or involved in the
11investigation, if appropriate, and the member, if any, that is
12the subject of the report. The appropriate ultimate
13jurisdictional authority or agency head and the member, if any,
14that is the subject of the report shall respond to the summary
15report within 20 days, in writing, to the Legislative Inspector
16General. If the ultimate jurisdictional authority is the
17subject of the report, he or she may only respond to the
18summary report in his or her capacity as the subject of the
19report and shall not respond in his or her capacity as the
20ultimate jurisdictional authority. The response shall include
21a description of any corrective or disciplinary action to be
22imposed. If the appropriate ultimate jurisdictional authority
23or the member that is the subject of the report does not
24respond within 20 days, or within an extended time as agreed to
25by the Legislative Inspector General, the Legislative

 

 

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1Inspector General may proceed under subsection (c) as if a
2response had been received. A member receiving and responding
3to a report under this Section shall be deemed to be acting in
4his or her official capacity.
5    (b) The summary report of the investigation shall include
6the following:
7        (1) A description of any allegations or other
8    information received by the Legislative Inspector General
9    pertinent to the investigation.
10        (2) A description of any alleged misconduct discovered
11    in the course of the investigation.
12        (3) Recommendations for any corrective or disciplinary
13    action to be taken in response to any alleged misconduct
14    described in the report, including but not limited to
15    discharge.
16        (4) Other information the Legislative Inspector
17    General deems relevant to the investigation or resulting
18    recommendations.
19    (c) Within 30 days after receiving a response from the
20appropriate ultimate jurisdictional authority or agency head
21under subsection (a), the Legislative Inspector General shall
22notify the Commission and the Attorney General if the
23Legislative Inspector General believes that a complaint should
24be filed with the Commission. If the Legislative Inspector
25General desires to file a complaint with the Commission, the
26Legislative Inspector General shall submit the summary report

 

 

10000HB0138sam001- 32 -LRB100 03805 JWD 41198 a

1and supporting documents to the Attorney General. If the
2Attorney General concludes that there is insufficient evidence
3that a violation has occurred, the Attorney General shall
4notify the Legislative Inspector General and the Legislative
5Inspector General shall deliver to the Legislative Ethics
6Commission a copy of the summary report and response from the
7ultimate jurisdictional authority or agency head. If the
8Attorney General determines that reasonable cause exists to
9believe that a violation has occurred, then the Legislative
10Inspector General, represented by the Attorney General, may
11file with the Legislative Ethics Commission a complaint. The
12complaint shall set forth the alleged violation and the grounds
13that exist to support the complaint. Except as provided under
14subsection (1.5) of Section 20, the The complaint must be filed
15with the Commission within 18 months after the most recent act
16of the alleged violation or of a series of alleged violations
17except where there is reasonable cause to believe that
18fraudulent concealment has occurred. To constitute fraudulent
19concealment sufficient to toll this limitations period, there
20must be an affirmative act or representation calculated to
21prevent discovery of the fact that a violation has occurred. If
22a complaint is not filed with the Commission within 6 months
23after notice by the Inspector General to the Commission and the
24Attorney General, then the Commission may set a meeting of the
25Commission at which the Attorney General shall appear and
26provide a status report to the Commission.

 

 

10000HB0138sam001- 33 -LRB100 03805 JWD 41198 a

1    (c-5) Within 30 days after receiving a response from the
2appropriate ultimate jurisdictional authority or agency head
3under subsection (a), if the Legislative Inspector General does
4not believe that a complaint should be filed, the Legislative
5Inspector General shall deliver to the Legislative Ethics
6Commission a statement setting forth the basis for the decision
7not to file a complaint and a copy of the summary report and
8response from the ultimate jurisdictional authority or agency
9head. The Inspector General may also submit a redacted version
10of the summary report and response from the ultimate
11jurisdictional authority if the Inspector General believes
12either contains information that, in the opinion of the
13Inspector General, should be redacted prior to releasing the
14report, may interfere with an ongoing investigation, or
15identifies an informant or complainant.
16    (c-10) If, after reviewing the documents, the Commission
17believes that further investigation is warranted, the
18Commission may request that the Legislative Inspector General
19provide additional information or conduct further
20investigation. The Commission may also refer the summary report
21and response from the ultimate jurisdictional authority to the
22Attorney General for further investigation or review. If the
23Commission requests the Attorney General to investigate or
24review, the Commission must notify the Attorney General and the
25Legislative Inspector General. The Attorney General may not
26begin an investigation or review until receipt of notice from

 

 

10000HB0138sam001- 34 -LRB100 03805 JWD 41198 a

1the Commission. If, after review, the Attorney General
2determines that reasonable cause exists to believe that a
3violation has occurred, then the Attorney General may file a
4complaint with the Legislative Ethics Commission. If the
5Attorney General concludes that there is insufficient evidence
6that a violation has occurred, the Attorney General shall
7notify the Legislative Ethics Commission and the appropriate
8Legislative Inspector General.
9    (d) A copy of the complaint filed with the Legislative
10Ethics Commission must be served on all respondents named in
11the complaint and on each respondent's ultimate jurisdictional
12authority in the same manner as process is served under the
13Code of Civil Procedure.
14    (e) A respondent may file objections to the complaint
15within 30 days after notice of the petition has been served on
16the respondent.
17    (f) The Commission shall meet, at least 30 days after the
18complaint is served on all respondents either in person or by
19telephone, in a closed session to review the sufficiency of the
20complaint. The Commission shall issue notice by certified mail,
21return receipt requested, to the Legislative Inspector
22General, the Attorney General, and all respondents of the
23Commission's ruling on the sufficiency of the complaint. If the
24complaint is deemed to sufficiently allege a violation of this
25Act, then the Commission shall include a hearing date scheduled
26within 4 weeks after the date of the notice, unless all of the

 

 

10000HB0138sam001- 35 -LRB100 03805 JWD 41198 a

1parties consent to a later date. If the complaint is deemed not
2to sufficiently allege a violation, then the Commission shall
3send by certified mail, return receipt requested, a notice to
4the Legislative Inspector General, the Attorney General, and
5all respondents the decision to dismiss the complaint.
6    (g) On the scheduled date the Commission shall conduct a
7closed meeting, either in person or, if the parties consent, by
8telephone, on the complaint and allow all parties the
9opportunity to present testimony and evidence. All such
10proceedings shall be transcribed.
11    (h) Within an appropriate time limit set by rules of the
12Legislative Ethics Commission, the Commission shall (i)
13dismiss the complaint, (ii) issue a recommendation of
14discipline to the respondent and the respondent's ultimate
15jurisdictional authority, (iii) impose an administrative fine
16upon the respondent, (iv) issue injunctive relief as described
17in Section 50-10, or (v) impose a combination of (ii) through
18(iv).
19    (i) The proceedings on any complaint filed with the
20Commission shall be conducted pursuant to rules promulgated by
21the Commission.
22    (j) The Commission may designate hearing officers to
23conduct proceedings as determined by rule of the Commission.
24    (k) In all proceedings before the Commission, the standard
25of proof is by a preponderance of the evidence.
26    (l) Within 30 days after the issuance of a final

 

 

10000HB0138sam001- 36 -LRB100 03805 JWD 41198 a

1administrative decision that concludes that a violation
2occurred, the Legislative Ethics Commission shall make public
3the entire record of proceedings before the Commission, the
4decision, any recommendation, any discipline imposed, and the
5response from the agency head or ultimate jurisdictional
6authority to the Legislative Ethics Commission.
7(Source: P.A. 96-555, eff. 8-18-09.)
 
8    (5 ILCS 430/25-70)
9    Sec. 25-70. Cooperation in investigations. It is the duty
10of every officer and employee under the jurisdiction of the
11Legislative Inspector General, including any inspector general
12serving in any State agency under the jurisdiction of the
13Legislative Inspector General, to cooperate with the
14Legislative Inspector General and the Attorney General in any
15investigation undertaken pursuant to this Act. Failure to
16cooperate includes, but is not limited to, intentional
17omissions and knowing false statements. Failure to cooperate
18with an investigation of the Legislative Inspector General or
19the Attorney General is grounds for disciplinary action,
20including dismissal. Nothing in this Section limits or alters a
21person's existing rights or privileges under State or federal
22law.
23(Source: P.A. 93-617, eff. 12-9-03.)
 
24    (5 ILCS 430/25-85)

 

 

10000HB0138sam001- 37 -LRB100 03805 JWD 41198 a

1    Sec. 25-85. Quarterly reports by the Legislative Inspector
2General. The Legislative Inspector General shall submit
3quarterly reports of claims within his or her jurisdiction
4filed with the Office of the Legislative Inspector General to
5the General Assembly and the Legislative Ethics Commission, on
6dates determined by the Legislative Ethics Commission,
7indicating:
8        (1) the total number of allegations received since the
9    date of the last report and the total number of allegations
10    received since the date of the last report by category of
11    claim;
12        (2) the total number of investigations initiated since
13    the date of the last report and the total number of
14    investigations initiated since the date of the last report
15    by category of claim;
16        (3) the total number of investigations concluded since
17    the date of the last report and the total number of
18    investigations concluded since the date of the last report
19    by category of claim;
20        (4) the total number of investigations pending as of
21    the reporting date and the total number of investigations
22    pending as of the reporting date by category of claim;
23        (5) the total number of complaints forwarded to the
24    Attorney General since the date of the last report; and
25        (6) the total number of actions filed with the
26    Legislative Ethics Commission since the date of the last

 

 

10000HB0138sam001- 38 -LRB100 03805 JWD 41198 a

1    report, and the total number of actions pending before the
2    Legislative Ethics Commission as of the reporting date, the
3    total number of actions filed with the Legislative Ethics
4    Commission since the date of the last report by category of
5    claim, and the total number of actions pending before the
6    Legislative Ethics Commission as of the reporting date by
7    category of claim;
8        (7) the number of allegations referred to any law
9    enforcement agency since the date of the last report;
10        (8) the total number of allegations referred to another
11    investigatory body since the date of the last report; and
12        (9) the cumulative number of each of the foregoing for
13    the current calendar year.
14    For the purposes of this Section, "category of claim" shall
15include discrimination claims, harassment claims, sexual
16harassment claims, retaliation claims, gift ban claims,
17prohibited political activity claims, revolving door
18prohibition claims, and other, miscellaneous, or
19uncharacterized claims.
20    The quarterly report shall be available on the website of
21the Legislative Inspector General.
22(Source: P.A. 93-617, eff. 12-9-03.)
 
23    (5 ILCS 430/25-90)
24    Sec. 25-90. Confidentiality.
25    (a) The identity of any individual providing information or

 

 

10000HB0138sam001- 39 -LRB100 03805 JWD 41198 a

1reporting any possible or alleged misconduct to the Legislative
2Inspector General or the Legislative Ethics Commission shall be
3kept confidential and may not be disclosed without the consent
4of that individual, unless the individual consents to
5disclosure of his or her name or disclosure of the individual's
6identity is otherwise required by law. The confidentiality
7granted by this subsection does not preclude the disclosure of
8the identity of a person in any capacity other than as the
9source of an allegation.
10    (b) Subject to the provisions of Section 25-50(c),
11commissioners, employees, and agents of the Legislative Ethics
12Commission, the Legislative Inspector General, and employees
13and agents of the Office of the Legislative Inspector General
14shall keep confidential and shall not disclose information
15exempted from disclosure under the Freedom of Information Act
16or by this Act.
17    (c) In his or her discretion, the Legislative Inspector
18General may notify complainants and subjects of an
19investigation with an update on the status of the respective
20investigation, including when the investigation is opened and
21closed.
22(Source: P.A. 93-617, eff. 12-9-03.)
 
23    (5 ILCS 430/25-95)
24    Sec. 25-95. Exemptions.
25    (a) Documents generated by an ethics officer under this

 

 

10000HB0138sam001- 40 -LRB100 03805 JWD 41198 a

1Act, except Section 5-50, are exempt from the provisions of the
2Freedom of Information Act.
3    (a-5) Requests from ethics officers, members, and State
4employees to the Office of the Legislative Inspector General, a
5Special Legislative Inspector General, the Legislative Ethics
6Commission, an ethics officer, or a person designated by a
7legislative leader for guidance on matters involving the
8interpretation or application of this Act or rules promulgated
9under this Act are exempt from the provisions of the Freedom of
10Information Act. Guidance provided to an ethics officer,
11member, or State employee at the request of an ethics officer,
12member, or State employee by the Office of the Legislative
13Inspector General, a Special Legislative Inspector General,
14the Legislative Ethics Commission, an ethics officer, or a
15person designated by a legislative leader on matters involving
16the interpretation or application of this Act or rules
17promulgated under this Act is exempt from the provisions of the
18Freedom of Information Act.
19    (b) Summary investigation reports released by the
20Legislative Ethics Commission as provided in Section 25-52 are
21public records. Otherwise, any allegations and related
22documents submitted to the Legislative Inspector General and
23any pleadings and related documents brought before the
24Legislative Ethics Commission are exempt from the provisions of
25the Freedom of Information Act so long as the Legislative
26Ethics Commission does not make a finding of a violation of

 

 

10000HB0138sam001- 41 -LRB100 03805 JWD 41198 a

1this Act. If the Legislative Ethics Commission finds that a
2violation has occurred, the entire record of proceedings before
3the Commission, the decision and recommendation, and the
4mandatory report from the agency head or ultimate
5jurisdictional authority to the Legislative Ethics Commission
6are not exempt from the provisions of the Freedom of
7Information Act but information contained therein that is
8exempt from the Freedom of Information Act must be redacted
9before disclosure as provided in Section 8 of the Freedom of
10Information Act.
11    (c) Meetings of the Commission are exempt from the
12provisions of the Open Meetings Act.
13    (d) Unless otherwise provided in this Act, all
14investigatory files and reports of the Office of the
15Legislative Inspector General, other than quarterly monthly
16reports under Section 25-85, are confidential, are exempt from
17disclosure under the Freedom of Information Act, and shall not
18be divulged to any person or agency, except as necessary (i) to
19the appropriate law enforcement authority if the matter is
20referred pursuant to this Act, (ii) to the ultimate
21jurisdictional authority, or (iii) to the Legislative Ethics
22Commission, or (iv) to the Executive Director of the
23Legislative Ethics Commission to the extent necessary to advise
24the Commission of all open investigations and any new
25allegations or complaints received in the Office of the
26Inspector General when there is a vacancy in the Office of

 

 

10000HB0138sam001- 42 -LRB100 03805 JWD 41198 a

1Inspector General pursuant to subparagraph (b-5) of Section
225-10.
3(Source: P.A. 96-555, eff. 8-18-09.)
 
4    (5 ILCS 430/25-100 new)
5    Sec. 25-100. Reports.
6    (a) Within 30 days of the effective date of this amendatory
7Act of the 100th General Assembly, for the period beginning
8November 4, 2017 until the date of the report, the Legislative
9Ethics Commission shall issue a report to the General Assembly
10containing the following information: (i) the total number of
11summary reports that the Inspector General requested be
12published; (ii) the total number of summary reports that the
13Inspector General closed without a request to be published;
14(iii) the total number of summary reports that the Commission
15agreed to publish; (iv) the total number of summary reports
16that the Commission did not agree to publish; (v) the total
17number of investigations that the Inspector General requested
18to open; and (vi) the total number of investigations that the
19Commission did not allow the Inspector General to open.
20    (b) The Legislative Ethics Commission shall issue a
21quarterly report to the General Assembly within 30 days after
22the end of each quarter containing the following information
23for the preceding quarter: (i) the total number of summary
24reports that the Inspector General requested be published; (ii)
25the total number of summary reports that the Inspector General

 

 

10000HB0138sam001- 43 -LRB100 03805 JWD 41198 a

1closed without a request to be published; (iii) the total
2number of summary reports that the Commission agreed to
3publish; (iv) the total number of summary reports that the
4Commission did not agree to publish; (v) the total number of
5investigations that the Inspector General requested to open;
6and (vi) the total number of investigations that the Commission
7did not allow the Inspector General to open.
8    (c) The reports to the General Assembly under this Section
9shall be provided to the Clerk of the House of Representatives
10and the Secretary of the Senate in electronic form only, in the
11manner that the Clerk and the Secretary shall direct.
 
12    (5 ILCS 430/50-5)
13    Sec. 50-5. Penalties.
14    (a) A person is guilty of a Class A misdemeanor if that
15person intentionally violates any provision of Section 5-15,
165-30, 5-40, or 5-45 or Article 15.
17    (a-1) An ethics commission may levy an administrative fine
18for a violation of Section 5-45 of this Act of up to 3 times the
19total annual compensation that would have been obtained in
20violation of Section 5-45.
21    (b) A person who intentionally violates any provision of
22Section 5-20, 5-35, 5-50, or 5-55 is guilty of a business
23offense subject to a fine of at least $1,001 and up to $5,000.
24    (c) A person who intentionally violates any provision of
25Article 10 is guilty of a business offense and subject to a

 

 

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1fine of at least $1,001 and up to $5,000.
2    (d) Any person who intentionally makes a false report
3alleging a violation of any provision of this Act to an ethics
4commission, an inspector general, the State Police, a State's
5Attorney, the Attorney General, or any other law enforcement
6official is guilty of a Class A misdemeanor.
7    (e) An ethics commission may levy an administrative fine of
8up to $5,000 against any person who violates this Act, who
9intentionally obstructs or interferes with an investigation
10conducted under this Act by an inspector general, or who
11intentionally makes a false, frivolous, or bad faith
12allegation.
13    (f) In addition to any other penalty that may apply,
14whether criminal or civil, a State employee who intentionally
15violates any provision of Section 5-5, 5-15, 5-20, 5-30, 5-35,
165-45, or 5-50, Article 10, Article 15, or Section 20-90 or
1725-90 is subject to discipline or discharge by the appropriate
18ultimate jurisdictional authority.
19    (g) Any person who violates Section 5-65 is subject to a
20fine of up to $5,000 per offense, and is subject to discipline
21or discharge by the appropriate ultimate jurisdictional
22authority. Each violation of Section 5-65 is a separate
23offense. Any penalty imposed by an ethics commission shall be
24separate and distinct from any fines or penalties imposed by a
25court of law or a State or federal agency.
26    (h) Any natural person or lobbying entity who intentionally

 

 

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1violates Section 4.7, or paragraph (d) of Section 5, or
2subsection (a-5) of Section 11 of the Lobbyist Registration Act
3is guilty of a business offense and shall be subject to a fine
4of up to $5,000. The Executive Ethics Commission, after the
5adjudication of a violation of Section 4.7 of the Lobbyist
6Registration Act for which an investigation was initiated by
7the Inspector General appointed by the Secretary of State under
8Section 14 of the Secretary of State Act, is authorized to
9strike or suspend the registration under the Lobbyist
10Registration Act of any person or lobbying entity for which
11that person is employed for a period of up to 3 years. In
12addition to any other fine or penalty which may be imposed, the
13Executive Ethics Commission may also levy an administrative
14fine of up to $5,000 for a violation specified under this
15subsection (h). Any penalty imposed by an ethics commission
16shall be separate and distinct from any fines or penalties
17imposed by a court of law or by the Secretary of State under
18the Lobbyist Registration Act.
19(Source: P.A. 100-554, eff. 11-16-17.)
 
20    Section 10. The Election Code is amended by adding Section
217-8.03 as follows:
 
22    (10 ILCS 5/7-8.03 new)
23    Sec. 7-8.03. State central committees; discrimination and
24harassment policies. No later than 90 days after the effective

 

 

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1date of this amendatory Act of the 100th General Assembly, each
2State central committee of an established statewide political
3party shall establish and maintain a policy that includes, at a
4minimum: (i) a prohibition on discrimination and harassment;
5(ii) details on how an individual can report an allegation of
6discrimination or harassment; (iii) a prohibition on
7retaliation for reporting discrimination or harassment
8allegations; and (iv) the consequences of a violation of the
9prohibition on sexual harassment and the consequences for
10knowingly making a false report.
11    A State central committee, or its appropriate designee,
12shall notify the Board of the adoption of the required
13policies.
14    The requirements of this Section shall not prohibit a
15political committee from considering political affiliation, as
16permitted by law and the United States Constitution, when
17hiring or retaining a person as an employee, consultant,
18independent contractor, or volunteer.
 
19    Section 15. The Secretary of State Act is amended by
20changing Section 14 as follows:
 
21    (15 ILCS 305/14)
22    Sec. 14. Inspector General.
23    (a) The Secretary of State must, with the advice and
24consent of the Senate, appoint an Inspector General for the

 

 

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1purpose of detection, deterrence, and prevention of fraud,
2corruption, mismanagement, gross or aggravated misconduct, or
3misconduct that may be criminal in nature in the Office of the
4Secretary of State. The Inspector General shall serve a 5-year
5term. If no successor is appointed and qualified upon the
6expiration of the Inspector General's term, the Office of
7Inspector General is deemed vacant and the powers and duties
8under this Section may be exercised only by an appointed and
9qualified interim Inspector General until a successor
10Inspector General is appointed and qualified. If the General
11Assembly is not in session when a vacancy in the Office of
12Inspector General occurs, the Secretary of State may appoint an
13interim Inspector General whose term shall expire 2 weeks after
14the next regularly scheduled session day of the Senate.
15    (b) The Inspector General shall have the following
16qualifications:
17        (1) has not been convicted of any felony under the laws
18    of this State, another State, or the United States;
19        (2) has earned a baccalaureate degree from an
20    institution of higher education; and
21        (3) has either (A) 5 or more years of service with a
22    federal, State, or local law enforcement agency, at least 2
23    years of which have been in a progressive investigatory
24    capacity; (B) 5 or more years of service as a federal,
25    State, or local prosecutor; or (C) 5 or more years of
26    service as a senior manager or executive of a federal,

 

 

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1    State, or local agency.
2    (c) The Inspector General may review, coordinate, and
3recommend methods and procedures to increase the integrity of
4the Office of the Secretary of State. The duties of the
5Inspector General shall supplement and not supplant the duties
6of the Chief Auditor for the Secretary of State's Office or any
7other Inspector General that may be authorized by law. The
8Inspector General must report directly to the Secretary of
9State.
10    (d) In addition to the authority otherwise provided by this
11Section, but only when investigating the Office of the
12Secretary of State, its employees, or their actions for fraud,
13corruption, mismanagement, gross or aggravated misconduct, or
14misconduct that may be criminal in nature, the Inspector
15General is authorized:
16        (1) To have access to all records, reports, audits,
17    reviews, documents, papers, recommendations, or other
18    materials available that relate to programs and operations
19    with respect to which the Inspector General has
20    responsibilities under this Section.
21        (2) To make any investigations and reports relating to
22    the administration of the programs and operations of the
23    Office of the Secretary of State that are, in the judgment
24    of the Inspector General, necessary or desirable.
25        (3) To request any information or assistance that may
26    be necessary for carrying out the duties and

 

 

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

 

 

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1    authorized and recognized under the Illinois Public Labor
2    Relations Act to be the exclusive bargaining
3    representative of employees of the Secretary of State.
4    Nothing in this Section limits a person's right to
5    protection against self-incrimination under the Fifth
6    Amendment of the United States Constitution or Article I,
7    Section 10, of the Constitution of the State of Illinois.
8        (5) To have direct and prompt access to the Secretary
9    of State for any purpose pertaining to the performance of
10    functions and responsibilities under this Section.
11    (d-5) In addition to the authority otherwise provided by
12this Section, the Secretary of State Inspector General shall
13have jurisdiction to investigate complaints and allegations of
14wrongdoing by any person or entity related to the Lobbyist
15Registration Act. When investigating those complaints and
16allegations, the Inspector General is authorized:
17        (1) To have access to all records, reports, audits,
18    reviews, documents, papers, recommendations, or other
19    materials available that relate to programs and operations
20    with respect to which the Inspector General has
21    responsibilities under this Section.
22        (2) To request any information or assistance that may
23    be necessary for carrying out the duties and
24    responsibilities provided by this Section from any local,
25    State, or federal governmental agency or unit thereof.
26        (3) To require by subpoena the appearance of witnesses

 

 

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1    and the production of all information, documents, reports,
2    answers, records, accounts, papers, and other data and
3    documentary evidence necessary in the performance of the
4    functions assigned by this Section. A subpoena may be
5    issued under this paragraph (3) only by the Inspector
6    General and not by members of the Inspector General's
7    staff. A person duly subpoenaed for testimony, documents,
8    or other items who neglects or refuses to testify or
9    produce documents or other items under the requirements of
10    the subpoena shall be subject to punishment as may be
11    determined by a court of competent jurisdiction, unless the
12    testimony, documents, or other items are covered by the
13    attorney-client privilege or any other privilege or right
14    recognized by law. Nothing in this Section limits a
15    person's right to protection against self-incrimination
16    under the Fifth Amendment of the United States Constitution
17    or Section 10 of Article I of the Constitution of the State
18    of Illinois.
19        (4) To have direct and prompt access to the Secretary
20    of State for any purpose pertaining to the performance of
21    functions and responsibilities under this Section.
22        (5) As provided in subsection (d) of Section 5 of the
23    Lobbyist Registration Act, to review allegations that an
24    individual required to be registered under the Lobbyist
25    Registration Act has engaged in one or more acts of sexual
26    harassment. Upon completion of that review, the Inspector

 

 

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1    General shall submit a summary of the review to the
2    Executive Ethics Commission. The Inspector General is
3    authorized to file pleadings with the Executive Ethics
4    Commission, through the Attorney General, if the Attorney
5    General finds that reasonable cause exists to believe that
6    a violation regarding acts of sexual harassment has
7    occurred. The Secretary shall adopt rules setting forth the
8    procedures for the review of such allegations.
9    (e) The Inspector General may receive and investigate
10complaints or information concerning the possible existence of
11an activity constituting a violation of law, rules, or
12regulations; mismanagement; abuse of authority; or substantial
13and specific danger to the public health and safety. Any person
14who knowingly files a false complaint or files a complaint with
15reckless disregard for the truth or the falsity of the facts
16underlying the complaint may be subject to discipline as set
17forth in the rules of the Department of Personnel of the
18Secretary of State or the Inspector General may refer the
19matter to a State's Attorney or the Attorney General.
20    The Inspector General may not, after receipt of a complaint
21or information, disclose the identity of the source without the
22consent of the source, unless the Inspector General determines
23that disclosure of the identity is reasonable and necessary for
24the furtherance of the investigation.
25    Any employee who has the authority to recommend or approve
26any personnel action or to direct others to recommend or

 

 

10000HB0138sam001- 53 -LRB100 03805 JWD 41198 a

1approve any personnel action may not, with respect to that
2authority, take or threaten to take any action against any
3employee as a reprisal for making a complaint or disclosing
4information to the Inspector General, unless the complaint was
5made or the information disclosed with the knowledge that it
6was false or with willful disregard for its truth or falsity.
7    (f) The Inspector General must adopt rules, in accordance
8with the provisions of the Illinois Administrative Procedure
9Act, establishing minimum requirements for initiating,
10conducting, and completing investigations. The rules must
11establish criteria for determining, based upon the nature of
12the allegation, the appropriate method of investigation, which
13may include, but is not limited to, site visits, telephone
14contacts, personal interviews, or requests for written
15responses. The rules must also clarify how the Office of the
16Inspector General shall interact with other local, State, and
17federal law enforcement investigations.
18    Any employee of the Secretary of State subject to
19investigation or inquiry by the Inspector General or any agent
20or representative of the Inspector General concerning
21misconduct that is criminal in nature shall have the right to
22be notified of the right to remain silent during the
23investigation or inquiry and the right to be represented in the
24investigation or inquiry by an attorney or a representative of
25a labor organization that is the exclusive collective
26bargaining representative of employees of the Secretary of

 

 

10000HB0138sam001- 54 -LRB100 03805 JWD 41198 a

1State. Any investigation or inquiry by the Inspector General or
2any agent or representative of the Inspector General must be
3conducted with an awareness of the provisions of a collective
4bargaining agreement that applies to the employees of the
5Secretary of State and with an awareness of the rights of the
6employees as set forth in State and federal law and applicable
7judicial decisions. Any recommendations for discipline or any
8action taken against any employee by the Inspector General or
9any representative or agent of the Inspector General must
10comply with the provisions of the collective bargaining
11agreement that applies to the employee.
12    (g) On or before January 1 of each year, the Inspector
13General shall report to the President of the Senate, the
14Minority Leader of the Senate, the Speaker of the House of
15Representatives, and the Minority Leader of the House of
16Representatives on the types of investigations and the
17activities undertaken by the Office of the Inspector General
18during the previous calendar year.
19(Source: P.A. 100-554, eff. 11-16-17.)
 
20    Section 20. The Legislative Information System Act is
21amended by adding Section 9 as follows:
 
22    (25 ILCS 145/9 new)
23    Sec. 9. Information regarding discrimination and
24harassment. The System shall establish a page for electronic

 

 

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1public access on the General Assembly's website that provides
2information regarding discrimination and harassment,
3including, but not limited to:
4    (1) the name and contact information for the ethics officer
5for each caucus;
6    (2) the name and contact information for the Legislative
7Inspector General and information on how to file a complaint;
8    (3) a direct link to the website of the Department of Human
9Rights for harassment and discrimination and the Department's
10hotline phone number; and
11    (4) the name and contact information for the chief of staff
12for each legislative caucus leader.
13A direct link to the page required by this Section shall be
14included on the front page of the General Assembly's website.
 
15    Section 25. The Lobbyist Registration Act is amended by
16changing Section 11 as follows:
 
17    (25 ILCS 170/11)  (from Ch. 63, par. 181)
18    Sec. 11. Enforcement.
19    (a) The Secretary of State Inspector General appointed
20under Section 14 of the Secretary of State Act shall initiate
21investigations of violations of this Act upon receipt of
22credible evidence of a violation. If, upon conclusion of an
23investigation, the Inspector General reasonably believes a
24violation of this Act has occurred, the Inspector General shall

 

 

10000HB0138sam001- 56 -LRB100 03805 JWD 41198 a

1provide the alleged violator with written notification of the
2alleged violation. Within 30 calendar days after receipt of the
3notification, the alleged violator shall submit a written
4response to the Inspector General. The response shall indicate
5whether the alleged violator (i) disputes the alleged
6violation, including any facts that reasonably prove the
7alleged violation did not violate the Act, or (ii) agrees to
8take action to correct the alleged violation within 30 calendar
9days, including a description of the action the alleged
10violator has taken or will take to correct the alleged
11violation. If the alleged violator disputes the alleged
12violation or fails to respond to the notification of the
13alleged violation, the Inspector General shall transmit the
14evidence to the appropriate State's Attorney or Attorney
15General. If the alleged violator agrees to take action to
16correct the alleged violation, the Inspector General shall make
17available to the public the notification from the Inspector
18General and the response from the alleged violator and shall
19not transmit the evidence to the appropriate State's Attorney
20or Attorney General. Nothing in this Act requires the Inspector
21General to notify an alleged violator of an ongoing
22investigation or to notify the alleged violator of a referral
23of any evidence to a law enforcement agency, a State's
24Attorney, or the Attorney General pursuant to subsection (c).
25    (a-5) Failure to cooperate in an investigation initiated by
26the Secretary of State Inspector General appointed under

 

 

10000HB0138sam001- 57 -LRB100 03805 JWD 41198 a

1Section 14 of the Secretary of State Act is a separate and
2punishable offense for which the Secretary of State Inspector
3General, through the Attorney General, shall file pleadings
4with the Executive Ethics Commission, which has the discretion
5to strike or suspend the registration of any person, or
6lobbying entity for which that person is employed, registered
7under this Act. Nothing in this Section limits or alters a
8person's existing rights or protections under State or federal
9law.
10    (b) Any violation of this Act may be prosecuted in the
11county where the offense is committed or in Sangamon County. In
12addition to the State's Attorney of the appropriate county, the
13Attorney General of Illinois also is authorized to prosecute
14any violation of this Act.
15    (c) Notwithstanding any other provision of this Act, the
16Inspector General may at any time refer evidence of a violation
17of State or federal law, in addition to a violation of this
18Act, to the appropriate law enforcement agency, State's
19Attorney, or Attorney General.
20(Source: P.A. 96-555, eff. 1-1-10; 96-1358, eff. 7-28-10.)
 
21    Section 30. The Illinois Human Rights Act is amended by
22changing Sections 2-102, 2-107, and 7A-102 as follows:
 
23    (775 ILCS 5/2-102)  (from Ch. 68, par. 2-102)
24    Sec. 2-102. Civil Rights Violations - Employment. It is a

 

 

10000HB0138sam001- 58 -LRB100 03805 JWD 41198 a

1civil rights violation:
2    (A) Employers. For any employer to refuse to hire, to
3segregate, or to act with respect to recruitment, hiring,
4promotion, renewal of employment, selection for training or
5apprenticeship, discharge, discipline, tenure or terms,
6privileges or conditions of employment on the basis of unlawful
7discrimination or citizenship status.
8    (A-5) Language. For an employer to impose a restriction
9that has the effect of prohibiting a language from being spoken
10by an employee in communications that are unrelated to the
11employee's duties.
12    For the purposes of this subdivision (A-5), "language"
13means a person's native tongue, such as Polish, Spanish, or
14Chinese. "Language" does not include such things as slang,
15jargon, profanity, or vulgarity.
16    (B) Employment Agency. For any employment agency to fail or
17refuse to classify properly, accept applications and register
18for employment referral or apprenticeship referral, refer for
19employment, or refer for apprenticeship on the basis of
20unlawful discrimination or citizenship status or to accept from
21any person any job order, requisition or request for referral
22of applicants for employment or apprenticeship which makes or
23has the effect of making unlawful discrimination or
24discrimination on the basis of citizenship status a condition
25of referral.
26    (C) Labor Organization. For any labor organization to

 

 

10000HB0138sam001- 59 -LRB100 03805 JWD 41198 a

1limit, segregate or classify its membership, or to limit
2employment opportunities, selection and training for
3apprenticeship in any trade or craft, or otherwise to take, or
4fail to take, any action which affects adversely any person's
5status as an employee or as an applicant for employment or as
6an apprentice, or as an applicant for apprenticeships, or
7wages, tenure, hours of employment or apprenticeship
8conditions on the basis of unlawful discrimination or
9citizenship status.
10    (D) Sexual Harassment. For any employer, employee, agent of
11any employer, employment agency or labor organization to engage
12in sexual harassment; provided, that an employer shall be
13responsible for sexual harassment of the employer's employees
14by nonemployees or nonmanagerial and nonsupervisory employees
15only if the employer becomes aware of the conduct and fails to
16take reasonable corrective measures.
17    (E) Public Employers. For any public employer to refuse to
18permit a public employee under its jurisdiction who takes time
19off from work in order to practice his or her religious beliefs
20to engage in work, during hours other than such employee's
21regular working hours, consistent with the operational needs of
22the employer and in order to compensate for work time lost for
23such religious reasons. Any employee who elects such deferred
24work shall be compensated at the wage rate which he or she
25would have earned during the originally scheduled work period.
26The employer may require that an employee who plans to take

 

 

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1time off from work in order to practice his or her religious
2beliefs provide the employer with a notice of his or her
3intention to be absent from work not exceeding 5 days prior to
4the date of absence.
5    (E-5) Religious discrimination. For any employer to impose
6upon a person as a condition of obtaining or retaining
7employment, including opportunities for promotion,
8advancement, or transfer, any terms or conditions that would
9require such person to violate or forgo a sincerely held
10practice of his or her religion including, but not limited to,
11the wearing of any attire, clothing, or facial hair in
12accordance with the requirements of his or her religion,
13unless, after engaging in a bona fide effort, the employer
14demonstrates that it is unable to reasonably accommodate the
15employee's or prospective employee's sincerely held religious
16belief, practice, or observance without undue hardship on the
17conduct of the employer's business.
18    Nothing in this Section prohibits an employer from enacting
19a dress code or grooming policy that may include restrictions
20on attire, clothing, or facial hair to maintain workplace
21safety or food sanitation.
22    (F) Training and Apprenticeship Programs. For any
23employer, employment agency or labor organization to
24discriminate against a person on the basis of age in the
25selection, referral for or conduct of apprenticeship or
26training programs.

 

 

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1    (G) Immigration-Related Practices.
2        (1) for an employer to request for purposes of
3    satisfying the requirements of Section 1324a(b) of Title 8
4    of the United States Code, as now or hereafter amended,
5    more or different documents than are required under such
6    Section or to refuse to honor documents tendered that on
7    their face reasonably appear to be genuine; or
8        (2) for an employer participating in the E-Verify
9    Program, as authorized by 8 U.S.C. 1324a, Notes, Pilot
10    Programs for Employment Eligibility Confirmation (enacted
11    by PL 104-208, div. C title IV, subtitle A) to refuse to
12    hire, to segregate, or to act with respect to recruitment,
13    hiring, promotion, renewal of employment, selection for
14    training or apprenticeship, discharge, discipline, tenure
15    or terms, privileges or conditions of employment without
16    following the procedures under the E-Verify Program.
17    (H) (Blank).
18    (I) Pregnancy. For an employer to refuse to hire, to
19segregate, or to act with respect to recruitment, hiring,
20promotion, renewal of employment, selection for training or
21apprenticeship, discharge, discipline, tenure or terms,
22privileges or conditions of employment on the basis of
23pregnancy, childbirth, or medical or common conditions related
24to pregnancy or childbirth. Women affected by pregnancy,
25childbirth, or medical or common conditions related to
26pregnancy or childbirth shall be treated the same for all

 

 

10000HB0138sam001- 62 -LRB100 03805 JWD 41198 a

1employment-related purposes, including receipt of benefits
2under fringe benefit programs, as other persons not so affected
3but similar in their ability or inability to work, regardless
4of the source of the inability to work or employment
5classification or status.
6    (J) Pregnancy; reasonable accommodations.
7        (1) If after a job applicant or employee, including a
8    part-time, full-time, or probationary employee, requests a
9    reasonable accommodation, for an employer to not make
10    reasonable accommodations for any medical or common
11    condition of a job applicant or employee related to
12    pregnancy or childbirth, unless the employer can
13    demonstrate that the accommodation would impose an undue
14    hardship on the ordinary operation of the business of the
15    employer. The employer may request documentation from the
16    employee's health care provider concerning the need for the
17    requested reasonable accommodation or accommodations to
18    the same extent documentation is requested for conditions
19    related to disability if the employer's request for
20    documentation is job-related and consistent with business
21    necessity. The employer may require only the medical
22    justification for the requested accommodation or
23    accommodations, a description of the reasonable
24    accommodation or accommodations medically advisable, the
25    date the reasonable accommodation or accommodations became
26    medically advisable, and the probable duration of the

 

 

10000HB0138sam001- 63 -LRB100 03805 JWD 41198 a

1    reasonable accommodation or accommodations. It is the duty
2    of the individual seeking a reasonable accommodation or
3    accommodations to submit to the employer any documentation
4    that is requested in accordance with this paragraph.
5    Notwithstanding the provisions of this paragraph, the
6    employer may require documentation by the employee's
7    health care provider to determine compliance with other
8    laws. The employee and employer shall engage in a timely,
9    good faith, and meaningful exchange to determine effective
10    reasonable accommodations.
11        (2) For an employer to deny employment opportunities or
12    benefits to or take adverse action against an otherwise
13    qualified job applicant or employee, including a
14    part-time, full-time, or probationary employee, if the
15    denial or adverse action is based on the need of the
16    employer to make reasonable accommodations to the known
17    medical or common conditions related to the pregnancy or
18    childbirth of the applicant or employee.
19        (3) For an employer to require a job applicant or
20    employee, including a part-time, full-time, or
21    probationary employee, affected by pregnancy, childbirth,
22    or medical or common conditions related to pregnancy or
23    childbirth to accept an accommodation when the applicant or
24    employee did not request an accommodation and the applicant
25    or employee chooses not to accept the employer's
26    accommodation.

 

 

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1        (4) For an employer to require an employee, including a
2    part-time, full-time, or probationary employee, to take
3    leave under any leave law or policy of the employer if
4    another reasonable accommodation can be provided to the
5    known medical or common conditions related to the pregnancy
6    or childbirth of an employee. No employer shall fail or
7    refuse to reinstate the employee affected by pregnancy,
8    childbirth, or medical or common conditions related to
9    pregnancy or childbirth to her original job or to an
10    equivalent position with equivalent pay and accumulated
11    seniority, retirement, fringe benefits, and other
12    applicable service credits upon her signifying her intent
13    to return or when her need for reasonable accommodation
14    ceases, unless the employer can demonstrate that the
15    accommodation would impose an undue hardship on the
16    ordinary operation of the business of the employer.
17    For the purposes of this subdivision (J), "reasonable
18accommodations" means reasonable modifications or adjustments
19to the job application process or work environment, or to the
20manner or circumstances under which the position desired or
21held is customarily performed, that enable an applicant or
22employee affected by pregnancy, childbirth, or medical or
23common conditions related to pregnancy or childbirth to be
24considered for the position the applicant desires or to perform
25the essential functions of that position, and may include, but
26is not limited to: more frequent or longer bathroom breaks,

 

 

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1breaks for increased water intake, and breaks for periodic
2rest; private non-bathroom space for expressing breast milk and
3breastfeeding; seating; assistance with manual labor; light
4duty; temporary transfer to a less strenuous or hazardous
5position; the provision of an accessible worksite; acquisition
6or modification of equipment; job restructuring; a part-time or
7modified work schedule; appropriate adjustment or
8modifications of examinations, training materials, or
9policies; reassignment to a vacant position; time off to
10recover from conditions related to childbirth; and leave
11necessitated by pregnancy, childbirth, or medical or common
12conditions resulting from pregnancy or childbirth.
13    For the purposes of this subdivision (J), "undue hardship"
14means an action that is prohibitively expensive or disruptive
15when considered in light of the following factors: (i) the
16nature and cost of the accommodation needed; (ii) the overall
17financial resources of the facility or facilities involved in
18the provision of the reasonable accommodation, the number of
19persons employed at the facility, the effect on expenses and
20resources, or the impact otherwise of the accommodation upon
21the operation of the facility; (iii) the overall financial
22resources of the employer, the overall size of the business of
23the employer with respect to the number of its employees, and
24the number, type, and location of its facilities; and (iv) the
25type of operation or operations of the employer, including the
26composition, structure, and functions of the workforce of the

 

 

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1employer, the geographic separateness, administrative, or
2fiscal relationship of the facility or facilities in question
3to the employer. The employer has the burden of proving undue
4hardship. The fact that the employer provides or would be
5required to provide a similar accommodation to similarly
6situated employees creates a rebuttable presumption that the
7accommodation does not impose an undue hardship on the
8employer.
9    No employer is required by this subdivision (J) to create
10additional employment that the employer would not otherwise
11have created, unless the employer does so or would do so for
12other classes of employees who need accommodation. The employer
13is not required to discharge any employee, transfer any
14employee with more seniority, or promote any employee who is
15not qualified to perform the job, unless the employer does so
16or would do so to accommodate other classes of employees who
17need it.
18    (K) Notice.
19        (1) For an employer to fail to post or keep posted in a
20    conspicuous location on the premises of the employer where
21    notices to employees are customarily posted, or fail to
22    include in any employee handbook information concerning an
23    employee's rights under this Article, a notice, to be
24    prepared or approved by the Department, summarizing the
25    requirements of this Article and information pertaining to
26    the filing of a charge, including the right to be free from

 

 

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1    unlawful discrimination, the right to be free from sexual
2    harassment, and the right to certain reasonable
3    accommodations. The Department shall make the documents
4    required under this paragraph available for retrieval from
5    the Department's website.
6        (2) Upon notification of a violation of paragraph (1)
7    of this subdivision (K), the Department may launch a
8    preliminary investigation. If the Department finds a
9    violation, the Department may issue a notice to show cause
10    giving the employer 30 days to correct the violation. If
11    the violation is not corrected, the Department may initiate
12    a charge of a civil rights violation.
13(Source: P.A. 100-100, eff. 8-11-17.)
 
14    (775 ILCS 5/2-107)
15    Sec. 2-107. Helpline Hotline to Report Sexual Harassment
16and Discrimination.
17    (a) The Department shall, no later than 3 months after the
18effective date of this amendatory Act of the 100th General
19Assembly, establish and maintain a sexual harassment and
20discrimination helpline hotline. The Department shall help
21persons who contact the Department through the helpline hotline
22find necessary resources, including counseling services, and
23assist in the filing of sexual harassment and discrimination
24complaints with the Department or other applicable agencies.
25The Department may recommend individual seek private counsel,

 

 

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

 

 

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1Secretary of the Senate in electronic form only, in the manner
2that the Clerk and the Secretary shall direct, the following
3information: (i) the total number of calls received, including
4messages left during non-business hours; (ii) the number of
5calls reporting sexual discrimination claims; (iii) the number
6of calls reporting harassment claims; (iv) the number of calls
7reporting sexual harassment claims; (v) the number of calls
8that were referred to each Executive Inspector General; and
9(vi) the number of calls that were referred to the Legislative
10Inspector General.
11(Source: P.A. 100-554, eff. 11-16-17.)
 
12    (775 ILCS 5/7A-102)  (from Ch. 68, par. 7A-102)
13    Sec. 7A-102. Procedures.
14    (A) Charge.
15        (1) Within 300 calendar 180 days after the date that a
16    civil rights violation allegedly has been committed, a
17    charge in writing under oath or affirmation may be filed
18    with the Department by an aggrieved party or issued by the
19    Department itself under the signature of the Director.
20        (2) The charge shall be in such detail as to
21    substantially apprise any party properly concerned as to
22    the time, place, and facts surrounding the alleged civil
23    rights violation.
24        (3) Charges deemed filed with the Department pursuant
25    to subsection (A-1) of this Section shall be deemed to be

 

 

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1    in compliance with this subsection.
2    (A-1) Equal Employment Opportunity Commission Charges.
3        (1) If a charge is filed with the Equal Employment
4    Opportunity Commission (EEOC) within 300 calendar 180 days
5    after the date of the alleged civil rights violation, the
6    charge shall be deemed filed with the Department on the
7    date filed with the EEOC. If the EEOC is the governmental
8    agency designated to investigate the charge first, the
9    Department shall take no action until the EEOC makes a
10    determination on the charge and after the complainant
11    notifies the Department of the EEOC's determination. In
12    such cases, after receiving notice from the EEOC that a
13    charge was filed, the Department shall notify the parties
14    that (i) a charge has been received by the EEOC and has
15    been sent to the Department for dual filing purposes; (ii)
16    the EEOC is the governmental agency responsible for
17    investigating the charge and that the investigation shall
18    be conducted pursuant to the rules and procedures adopted
19    by the EEOC; (iii) it will take no action on the charge
20    until the EEOC issues its determination; (iv) the
21    complainant must submit a copy of the EEOC's determination
22    within 30 days after service of the determination by the
23    EEOC on complainant; and (v) that the time period to
24    investigate the charge contained in subsection (G) of this
25    Section is tolled from the date on which the charge is
26    filed with the EEOC until the EEOC issues its

 

 

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1    determination.
2        (2) If the EEOC finds reasonable cause to believe that
3    there has been a violation of federal law and if the
4    Department is timely notified of the EEOC's findings by
5    complainant, the Department shall notify complainant that
6    the Department has adopted the EEOC's determination of
7    reasonable cause and that complainant has the right, within
8    90 days after receipt of the Department's notice, to either
9    file his or her own complaint with the Illinois Human
10    Rights Commission or commence a civil action in the
11    appropriate circuit court or other appropriate court of
12    competent jurisdiction. The Department's notice to
13    complainant that the Department has adopted the EEOC's
14    determination of reasonable cause shall constitute the
15    Department's Report for purposes of subparagraph (D) of
16    this Section.
17        (3) For those charges alleging violations within the
18    jurisdiction of both the EEOC and the Department and for
19    which the EEOC either (i) does not issue a determination,
20    but does issue the complainant a notice of a right to sue,
21    including when the right to sue is issued at the request of
22    the complainant, or (ii) determines that it is unable to
23    establish that illegal discrimination has occurred and
24    issues the complainant a right to sue notice, and if the
25    Department is timely notified of the EEOC's determination
26    by complainant, the Department shall notify the parties

 

 

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1    that the Department will adopt the EEOC's determination as
2    a dismissal for lack of substantial evidence unless the
3    complainant requests in writing within 35 days after
4    receipt of the Department's notice that the Department
5    review the EEOC's determination.
6            (a) If the complainant does not file a written
7        request with the Department to review the EEOC's
8        determination within 35 days after receipt of the
9        Department's notice, the Department shall notify
10        complainant that the decision of the EEOC has been
11        adopted by the Department as a dismissal for lack of
12        substantial evidence and that the complainant has the
13        right, within 90 days after receipt of the Department's
14        notice, to commence a civil action in the appropriate
15        circuit court or other appropriate court of competent
16        jurisdiction. The Department's notice to complainant
17        that the Department has adopted the EEOC's
18        determination shall constitute the Department's report
19        for purposes of subparagraph (D) of this Section.
20            (b) If the complainant does file a written request
21        with the Department to review the EEOC's
22        determination, the Department shall review the EEOC's
23        determination and any evidence obtained by the EEOC
24        during its investigation. If, after reviewing the
25        EEOC's determination and any evidence obtained by the
26        EEOC, the Department determines there is no need for

 

 

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1        further investigation of the charge, the Department
2        shall issue a report and the Director shall determine
3        whether there is substantial evidence that the alleged
4        civil rights violation has been committed pursuant to
5        subsection (D) of Section 7A-102. If, after reviewing
6        the EEOC's determination and any evidence obtained by
7        the EEOC, the Department determines there is a need for
8        further investigation of the charge, the Department
9        may conduct any further investigation it deems
10        necessary. After reviewing the EEOC's determination,
11        the evidence obtained by the EEOC, and any additional
12        investigation conducted by the Department, the
13        Department shall issue a report and the Director shall
14        determine whether there is substantial evidence that
15        the alleged civil rights violation has been committed
16        pursuant to subsection (D) of Section 7A-102 of this
17        Act.
18        (4) Pursuant to this Section, if the EEOC dismisses the
19    charge or a portion of the charge of discrimination
20    because, under federal law, the EEOC lacks jurisdiction
21    over the charge, and if, under this Act, the Department has
22    jurisdiction over the charge of discrimination, the
23    Department shall investigate the charge or portion of the
24    charge dismissed by the EEOC for lack of jurisdiction
25    pursuant to subsections (A), (A-1), (B), (B-1), (C), (D),
26    (E), (F), (G), (H), (I), (J), and (K) of Section 7A-102 of

 

 

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1    this Act.
2        (5) The time limit set out in subsection (G) of this
3    Section is tolled from the date on which the charge is
4    filed with the EEOC to the date on which the EEOC issues
5    its determination.
6    (B) Notice and Response to Charge. The Department shall,
7within 10 days of the date on which the charge was filed, serve
8a copy of the charge on the respondent. This period shall not
9be construed to be jurisdictional. The charging party and the
10respondent may each file a position statement and other
11materials with the Department regarding the charge of alleged
12discrimination within 60 days of receipt of the notice of the
13charge. The position statements and other materials filed shall
14remain confidential unless otherwise agreed to by the party
15providing the information and shall not be served on or made
16available to the other party during pendency of a charge with
17the Department. The Department may require the respondent to
18file a response to the allegations contained in the charge.
19Upon the Department's request, the respondent shall file a
20response to the charge within 60 days and shall serve a copy of
21its response on the complainant or his or her representative.
22Notwithstanding any request from the Department, the
23respondent may elect to file a response to the charge within 60
24days of receipt of notice of the charge, provided the
25respondent serves a copy of its response on the complainant or
26his or her representative. All allegations contained in the

 

 

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1charge not denied by the respondent within 60 days of the
2Department's request for a response may be deemed admitted,
3unless the respondent states that it is without sufficient
4information to form a belief with respect to such allegation.
5The Department may issue a notice of default directed to any
6respondent who fails to file a response to a charge within 60
7days of receipt of the Department's request, unless the
8respondent can demonstrate good cause as to why such notice
9should not issue. The term "good cause" shall be defined by
10rule promulgated by the Department. Within 30 days of receipt
11of the respondent's response, the complainant may file a reply
12to said response and shall serve a copy of said reply on the
13respondent or his or her representative. A party shall have the
14right to supplement his or her response or reply at any time
15that the investigation of the charge is pending. The Department
16shall, within 10 days of the date on which the charge was
17filed, and again no later than 335 days thereafter, send by
18certified or registered mail written notice to the complainant
19and to the respondent informing the complainant of the
20complainant's right to either file a complaint with the Human
21Rights Commission or commence a civil action in the appropriate
22circuit court under subparagraph (2) of paragraph (G),
23including in such notice the dates within which the complainant
24may exercise this right. In the notice the Department shall
25notify the complainant that the charge of civil rights
26violation will be dismissed with prejudice and with no right to

 

 

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1further proceed if a written complaint is not timely filed with
2the Commission or with the appropriate circuit court by the
3complainant pursuant to subparagraph (2) of paragraph (G) or by
4the Department pursuant to subparagraph (1) of paragraph (G).
5    (B-1) Mediation. The complainant and respondent may agree
6to voluntarily submit the charge to mediation without waiving
7any rights that are otherwise available to either party
8pursuant to this Act and without incurring any obligation to
9accept the result of the mediation process. Nothing occurring
10in mediation shall be disclosed by the Department or admissible
11in evidence in any subsequent proceeding unless the complainant
12and the respondent agree in writing that such disclosure be
13made.
14    (C) Investigation.
15        (1) The Department shall conduct an investigation
16    sufficient to determine whether the allegations set forth
17    in the charge are supported by substantial evidence.
18        (2) The Director or his or her designated
19    representatives shall have authority to request any member
20    of the Commission to issue subpoenas to compel the
21    attendance of a witness or the production for examination
22    of any books, records or documents whatsoever.
23        (3) If any witness whose testimony is required for any
24    investigation resides outside the State, or through
25    illness or any other good cause as determined by the
26    Director is unable to be interviewed by the investigator or

 

 

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1    appear at a fact finding conference, his or her testimony
2    or deposition may be taken, within or without the State, in
3    the same manner as is provided for in the taking of
4    depositions in civil cases in circuit courts.
5        (4) Upon reasonable notice to the complainant and the
6    respondent, the Department shall conduct a fact finding
7    conference, unless prior to 365 days after the date on
8    which the charge was filed the Director has determined
9    whether there is substantial evidence that the alleged
10    civil rights violation has been committed, the charge has
11    been dismissed for lack of jurisdiction, or the parties
12    voluntarily and in writing agree to waive the fact finding
13    conference. Any party's failure to attend the conference
14    without good cause shall result in dismissal or default.
15    The term "good cause" shall be defined by rule promulgated
16    by the Department. A notice of dismissal or default shall
17    be issued by the Director. The notice of default issued by
18    the Director shall notify the respondent that a request for
19    review may be filed in writing with the Commission within
20    30 days of receipt of notice of default. The notice of
21    dismissal issued by the Director shall give the complainant
22    notice of his or her right to seek review of the dismissal
23    before the Human Rights Commission or commence a civil
24    action in the appropriate circuit court. If the complainant
25    chooses to have the Human Rights Commission review the
26    dismissal order, he or she shall file a request for review

 

 

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1    with the Commission within 90 days after receipt of the
2    Director's notice. If the complainant chooses to file a
3    request for review with the Commission, he or she may not
4    later commence a civil action in a circuit court. If the
5    complainant chooses to commence a civil action in a circuit
6    court, he or she must do so within 90 days after receipt of
7    the Director's notice.
8    (D) Report.
9        (1) Each charge shall be the subject of a report to the
10    Director. The report shall be a confidential document
11    subject to review by the Director, authorized Department
12    employees, the parties, and, where indicated by this Act,
13    members of the Commission or their designated hearing
14    officers.
15        (2) Upon review of the report, the Director shall
16    determine whether there is substantial evidence that the
17    alleged civil rights violation has been committed. The
18    determination of substantial evidence is limited to
19    determining the need for further consideration of the
20    charge pursuant to this Act and includes, but is not
21    limited to, findings of fact and conclusions, as well as
22    the reasons for the determinations on all material issues.
23    Substantial evidence is evidence which a reasonable mind
24    accepts as sufficient to support a particular conclusion
25    and which consists of more than a mere scintilla but may be
26    somewhat less than a preponderance.

 

 

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1        (3) If the Director determines that there is no
2    substantial evidence, the charge shall be dismissed by
3    order of the Director and the Director shall give the
4    complainant notice of his or her right to seek review of
5    the dismissal order before the Commission or commence a
6    civil action in the appropriate circuit court. If the
7    complainant chooses to have the Human Rights Commission
8    review the dismissal order, he or she shall file a request
9    for review with the Commission within 90 days after receipt
10    of the Director's notice. If the complainant chooses to
11    file a request for review with the Commission, he or she
12    may not later commence a civil action in a circuit court.
13    If the complainant chooses to commence a civil action in a
14    circuit court, he or she must do so within 90 days after
15    receipt of the Director's notice.
16        (4) If the Director determines that there is
17    substantial evidence, he or she shall notify the
18    complainant and respondent of that determination. The
19    Director shall also notify the parties that the complainant
20    has the right to either commence a civil action in the
21    appropriate circuit court or request that the Department of
22    Human Rights file a complaint with the Human Rights
23    Commission on his or her behalf. Any such complaint shall
24    be filed within 90 days after receipt of the Director's
25    notice. If the complainant chooses to have the Department
26    file a complaint with the Human Rights Commission on his or

 

 

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1    her behalf, the complainant must, within 30 days after
2    receipt of the Director's notice, request in writing that
3    the Department file the complaint. If the complainant
4    timely requests that the Department file the complaint, the
5    Department shall file the complaint on his or her behalf.
6    If the complainant fails to timely request that the
7    Department file the complaint, the complainant may file his
8    or her complaint with the Commission or commence a civil
9    action in the appropriate circuit court. If the complainant
10    files a complaint with the Human Rights Commission, the
11    complainant shall give notice to the Department of the
12    filing of the complaint with the Human Rights Commission.
13    (E) Conciliation.
14         (1) When there is a finding of substantial evidence,
15    the Department may designate a Department employee who is
16    an attorney licensed to practice in Illinois to endeavor to
17    eliminate the effect of the alleged civil rights violation
18    and to prevent its repetition by means of conference and
19    conciliation.
20        (2) When the Department determines that a formal
21    conciliation conference is necessary, the complainant and
22    respondent shall be notified of the time and place of the
23    conference by registered or certified mail at least 10 days
24    prior thereto and either or both parties shall appear at
25    the conference in person or by attorney.
26        (3) The place fixed for the conference shall be within

 

 

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1    35 miles of the place where the civil rights violation is
2    alleged to have been committed.
3        (4) Nothing occurring at the conference shall be
4    disclosed by the Department unless the complainant and
5    respondent agree in writing that such disclosure be made.
6        (5) The Department's efforts to conciliate the matter
7    shall not stay or extend the time for filing the complaint
8    with the Commission or the circuit court.
9    (F) Complaint.
10        (1) When the complainant requests that the Department
11    file a complaint with the Commission on his or her behalf,
12    the Department shall prepare a written complaint, under
13    oath or affirmation, stating the nature of the civil rights
14    violation substantially as alleged in the charge
15    previously filed and the relief sought on behalf of the
16    aggrieved party. The Department shall file the complaint
17    with the Commission.
18        (2) If the complainant chooses to commence a civil
19    action in a circuit court, he or she must do so in the
20    circuit court in the county wherein the civil rights
21    violation was allegedly committed. The form of the
22    complaint in any such civil action shall be in accordance
23    with the Illinois Code of Civil Procedure.
24    (G) Time Limit.
25        (1) When a charge of a civil rights violation has been
26    properly filed, the Department, within 365 days thereof or

 

 

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1    within any extension of that period agreed to in writing by
2    all parties, shall issue its report as required by
3    subparagraph (D). Any such report shall be duly served upon
4    both the complainant and the respondent.
5        (2) If the Department has not issued its report within
6    365 days after the charge is filed, or any such longer
7    period agreed to in writing by all the parties, the
8    complainant shall have 90 days to either file his or her
9    own complaint with the Human Rights Commission or commence
10    a civil action in the appropriate circuit court. If the
11    complainant files a complaint with the Commission, the form
12    of the complaint shall be in accordance with the provisions
13    of paragraph (F)(1). If the complainant commences a civil
14    action in a circuit court, the form of the complaint shall
15    be in accordance with the Illinois Code of Civil Procedure.
16    The aggrieved party shall notify the Department that a
17    complaint has been filed and shall serve a copy of the
18    complaint on the Department on the same date that the
19    complaint is filed with the Commission or in circuit court.
20    If the complainant files a complaint with the Commission,
21    he or she may not later commence a civil action in circuit
22    court.
23        (3) If an aggrieved party files a complaint with the
24    Human Rights Commission or commences a civil action in
25    circuit court pursuant to paragraph (2) of this subsection,
26    or if the time period for filing a complaint has expired,

 

 

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1    the Department shall immediately cease its investigation
2    and dismiss the charge of civil rights violation. Any final
3    order entered by the Commission under this Section is
4    appealable in accordance with paragraph (B)(1) of Section
5    8-111. Failure to immediately cease an investigation and
6    dismiss the charge of civil rights violation as provided in
7    this paragraph (3) constitutes grounds for entry of an
8    order by the circuit court permanently enjoining the
9    investigation. The Department may also be liable for any
10    costs and other damages incurred by the respondent as a
11    result of the action of the Department.
12        (4) The Department shall stay any administrative
13    proceedings under this Section after the filing of a civil
14    action by or on behalf of the aggrieved party under any
15    federal or State law seeking relief with respect to the
16    alleged civil rights violation.
17    (H) This amendatory Act of 1995 applies to causes of action
18filed on or after January 1, 1996.
19    (I) This amendatory Act of 1996 applies to causes of action
20filed on or after January 1, 1996.
21    (J) The changes made to this Section by Public Act 95-243
22apply to charges filed on or after the effective date of those
23changes.
24    (K) The changes made to this Section by this amendatory Act
25of the 96th General Assembly apply to charges filed on or after
26the effective date of those changes.

 

 

10000HB0138sam001- 84 -LRB100 03805 JWD 41198 a

1(Source: P.A. 100-492, eff. 9-8-17.)
 
2    Section 99. Effective date. This Act takes effect upon
3becoming law.".