SB0075 EnrolledLRB101 04852 TAE 49861 b

1    AN ACT concerning employment.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4
Article 1.

 
5    Section 1-1. Short title. This Article may be cited as the
6Workplace Transparency Act. References in this Article to "this
7Act" mean this Article.
 
8    Section 1-5. Purpose. This State has a compelling and
9substantial interest in securing individuals' freedom from
10unlawful discrimination and harassment in the workplace. This
11State also recognizes the right of parties to freely contract
12over the terms, privileges and conditions of employment as they
13so choose. The purpose of this Act is to ensure that all
14parties to a contract for the performance of services
15understand and agree to the mutual promises and consideration
16therein, and to protect the interest of this State in ensuring
17all workplaces are free of unlawful discrimination and
18harassment.
 
19    Section 1-10. Application.
20    (a) This Act does not apply to any contracts that are
21entered into in and subject to the Illinois Public Labor

 

 

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1Relations Act or the National Labor Relations Act. If there is
2a conflict between any valid and enforceable collective
3bargaining agreement and this Act, the collective bargaining
4agreement controls.
5    (b) This Act shall have no effect on the determination of
6whether an employment relationship exists for the purposes of
7other State or federal laws, including, but not limited to, the
8Illinois Human Rights Act, the Workers' Compensation Act, the
9Unemployment Insurance Act, and the Illinois Wage Payment and
10Collection Act.
11    (c) This Act applies to contracts entered into, modified,
12or extended on or after the effective date of this Act.
 
13    Section 1-15. Definitions. As used in this Act:
14    "Employee" has the same meaning as set forth in Section
152-101 of the Illinois Human Rights Act. "Employee" includes
16"nonemployees" as defined in Section 2-102 of the Illinois
17Human Rights Act.
18    "Employer" has the same meaning as set forth in Section
192-101 of the Illinois Human Rights Act.
20    "Mutual condition of employment or continued employment"
21means any contract, agreement, clause, covenant, or waiver
22negotiated between an employer and an employee or prospective
23employee in good faith for consideration in order to obtain or
24retain employment.
25    "Prospective employee" means a person seeking to enter an

 

 

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1employment contract with an employer.
2    "Settlement agreement" means an agreement, contract, or
3clause within an agreement or contract entered into between an
4employee, prospective employee, or former employee and an
5employer to resolve a dispute or legal claim between the
6parties that arose or accrued before the settlement agreement
7was executed.
8    "Termination agreement" means a contract or agreement
9between an employee and an employer terminating the employment
10relationship.
11    "Unlawful employment practice" means any form of unlawful
12discrimination, harassment, or retaliation that is actionable
13under Article 2 of the Illinois Human Rights Act, Title VII of
14the Civil Rights Act of 1964, or any other related State or
15federal rule or law that is enforced by the Illinois Department
16of Human Rights or the Equal Employment Opportunity Commission.
17    "Unilateral condition of employment or continued
18employment" means any contract, agreement, clause, covenant,
19or waiver an employer requires an employee or prospective
20employee to accept as a non-negotiable material term in order
21to obtain or retain employment.
 
22    Section 1-20. Reporting of allegations. No contract,
23agreement, clause, covenant, waiver, or other document shall
24prohibit, prevent, or otherwise restrict an employee,
25prospective employee, or former employee from reporting any

 

 

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1allegations of unlawful conduct to federal, State, or local
2officials for investigation, including, but not limited to,
3alleged criminal conduct or unlawful employment practices.
 
4    Section 1-25. Conditions of employment or continued
5employment.
6    (a) Any agreement, clause, covenant, or waiver that is a
7unilateral condition of employment or continued employment and
8has the purpose or effect of preventing an employee or
9prospective employee from making truthful statements or
10disclosures about alleged unlawful employment practices is
11against public policy, void to the extent it prevents such
12statements or disclosures, and severable from an otherwise
13valid and enforceable contract under this Act.
14    (b) Any agreement, clause, covenant, or waiver that is a
15unilateral condition of employment or continued employment and
16requires the employee or prospective employee to waive,
17arbitrate, or otherwise diminish any existing or future claim,
18right, or benefit related to an unlawful employment practice to
19which the employee or prospective employee would otherwise be
20entitled under any provision of State or federal law, is
21against public policy, void to the extent it denies an employee
22or prospective employee a substantive or procedural right or
23remedy related to alleged unlawful employment practices, and
24severable from an otherwise valid and enforceable contract
25under this Act.

 

 

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1    (c) Any agreement, clause, covenant, or waiver that is a
2mutual condition of employment or continued employment may
3include provisions that would otherwise be against public
4policy as a unilateral condition of employment or continued
5employment, but only if the agreement, clause, covenant, or
6waiver is in writing, demonstrates actual, knowing, and
7bargained-for consideration from both parties, and
8acknowledges the right of the employee or prospective employee
9to:
10        (1) report any good faith allegation of unlawful
11    employment practices to any appropriate federal, State, or
12    local government agency enforcing discrimination laws;
13        (2) report any good faith allegation of criminal
14    conduct to any appropriate federal, State, or local
15    official;
16        (3) participate in a proceeding with any appropriate
17    federal, State, or local government agency enforcing
18    discrimination laws;
19        (4) make any truthful statements or disclosures
20    required by law, regulation, or legal process; and
21        (5) request or receive confidential legal advice.
22    (d) Failure to comply with the provisions of subsection (c)
23shall establish a rebuttable presumption that the agreement,
24clause, covenant, or waiver is a unilateral condition of
25employment or continued employment that is governed by
26subsections (a) or (b).

 

 

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1    (e) Nothing in this Section shall be construed to prevent
2an employee or prospective employee and an employer from
3negotiating and bargaining over the terms, privileges, and
4conditions of employment.
 
5    Section 1-30. Settlement or termination agreements.
6    (a) An employee, prospective employee, or former employee
7and an employer may enter into a valid and enforceable
8settlement or termination agreement that includes promises of
9confidentiality related to alleged unlawful employment
10practices, so long as:
11        (1) confidentiality is the documented preference of
12    the employee, prospective employee, or former employee and
13    is mutually beneficial to both parties;
14        (2) the employer notifies the employee, prospective
15    employee, or former employee, in writing, of his or her
16    right to have an attorney or representative of his or her
17    choice review the settlement or termination agreement
18    before it is executed;
19        (3) there is valid, bargained for consideration in
20    exchange for the confidentiality;
21        (4) the settlement or termination agreement does not
22    waive any claims of unlawful employment practices that
23    accrue after the date of execution of the settlement or
24    termination agreement;
25        (5) the settlement or termination agreement is

 

 

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1    provided, in writing, to the parties to the prospective
2    agreement and the employee, prospective employee, or
3    former employee is given a period of 21 calendar days to
4    consider the agreement before execution, during which the
5    employee, prospective employee, or former employee may
6    sign the agreement at any time, knowingly and voluntarily
7    waiving any further time for consideration; and
8        (6) unless knowingly and voluntarily waived by the
9    employee, prospective employee, or former employee, he or
10    she has 7 calendar days following the execution of the
11    agreement to revoke the agreement and the agreement is not
12    effective or enforceable until the revocation period has
13    expired.
14    (b) An employer may not unilaterally include any clause in
15a settlement or termination agreement that prohibits the
16employee, prospective employee, or former employee from making
17truthful statements or disclosures regarding unlawful
18employment practices.
19    (c) Failure to comply with the provisions of this Section
20shall render any promise of confidentiality related to alleged
21unlawful employment practices against public policy void and
22severable from an otherwise valid and enforceable agreement.
23    (d) Nothing in this Section shall be construed to prevent a
24mutually agreed upon settlement or termination agreement from
25waiving or releasing the employee, prospective employee, or
26former employee's right to seek or obtain any remedies relating

 

 

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1to an unlawful employment practice claim that occurred before
2the date on which the agreement is executed.
 
3    Section 1-35. Costs and attorney's fees. An employee,
4prospective employee, or former employee shall be entitled to
5reasonable attorney's fees and costs incurred in challenging a
6contract for violation of this Act upon a final, non-appealable
7action in favor of the employee, prospective employee, or
8former employee on the question of the validity and
9enforceability of the contract.
 
10    Section 1-40. Right to testify. Notwithstanding any other
11law to the contrary, any agreement, clause, covenant, or
12waiver, settlement agreement, or termination agreement that
13waives the right of an employee, prospective employee, or
14former employee to testify in an administrative, legislative,
15or judicial proceeding concerning alleged criminal conduct or
16alleged unlawful employment practices on the part of the other
17party to the employment contract, settlement agreement, or
18termination agreement, or on the part of the party's agents or
19employees, when the employee, prospective employee, or former
20employee has been required or requested to attend the
21proceeding pursuant to a court order, subpoena, or written
22request from an administrative agency or the legislature, is
23void and unenforceable under the public policy of this State.
24This Section is declarative of existing law.
 

 

 

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1    Section 1-45. Limitations. This Act shall not be construed
2to limit an employer's ability to require the following to
3maintain confidentiality of allegations of unlawful employment
4practices made by others:
5        (1) employees who receive complaints or investigate
6    allegations related to unlawful employment practices as
7    part of their assigned job duties, or otherwise have access
8    to confidential personnel information as a part of their
9    assigned job duties;
10        (2) an employee or third party who is notified and
11    requested to participate in an open and ongoing
12    investigation into alleged unlawful employment practices
13    and requested to maintain reasonable confidentiality
14    during the pendency of that investigation and thereafter;
15        (3) an employee or any third party who receives
16    attorney work product or attorney-client privileged
17    communications as part of any dispute, controversy, or
18    legal claim involving an unlawful employment practice;
19        (4) any individual who by law is subject to a
20    recognized legal or evidentiary privilege; or
21        (5) any third party engaged or hired by the employer to
22    investigate complaints of an unlawful employment practice.
 
23    Section 1-50. Severability. The provisions of this Act are
24severable under Section 1.31 of the Statute on Statutes.
 

 

 

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1
Article 2.

 
2    Section 2-5. The Freedom of Information Act is amended by
3changing Section 7.5 as follows:
 
4    (5 ILCS 140/7.5)
5    Sec. 7.5. Statutory exemptions. To the extent provided for
6by the statutes referenced below, the following shall be exempt
7from inspection and copying:
8        (a) All information determined to be confidential
9    under Section 4002 of the Technology Advancement and
10    Development Act.
11        (b) Library circulation and order records identifying
12    library users with specific materials under the Library
13    Records Confidentiality Act.
14        (c) Applications, related documents, and medical
15    records received by the Experimental Organ Transplantation
16    Procedures Board and any and all documents or other records
17    prepared by the Experimental Organ Transplantation
18    Procedures Board or its staff relating to applications it
19    has received.
20        (d) Information and records held by the Department of
21    Public Health and its authorized representatives relating
22    to known or suspected cases of sexually transmissible
23    disease or any information the disclosure of which is

 

 

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1    restricted under the Illinois Sexually Transmissible
2    Disease Control Act.
3        (e) Information the disclosure of which is exempted
4    under Section 30 of the Radon Industry Licensing Act.
5        (f) Firm performance evaluations under Section 55 of
6    the Architectural, Engineering, and Land Surveying
7    Qualifications Based Selection Act.
8        (g) Information the disclosure of which is restricted
9    and exempted under Section 50 of the Illinois Prepaid
10    Tuition Act.
11        (h) Information the disclosure of which is exempted
12    under the State Officials and Employees Ethics Act, and
13    records of any lawfully created State or local inspector
14    general's office that would be exempt if created or
15    obtained by an Executive Inspector General's office under
16    that Act.
17        (i) Information contained in a local emergency energy
18    plan submitted to a municipality in accordance with a local
19    emergency energy plan ordinance that is adopted under
20    Section 11-21.5-5 of the Illinois Municipal Code.
21        (j) Information and data concerning the distribution
22    of surcharge moneys collected and remitted by carriers
23    under the Emergency Telephone System Act.
24        (k) Law enforcement officer identification information
25    or driver identification information compiled by a law
26    enforcement agency or the Department of Transportation

 

 

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1    under Section 11-212 of the Illinois Vehicle Code.
2        (l) Records and information provided to a residential
3    health care facility resident sexual assault and death
4    review team or the Executive Council under the Abuse
5    Prevention Review Team Act.
6        (m) Information provided to the predatory lending
7    database created pursuant to Article 3 of the Residential
8    Real Property Disclosure Act, except to the extent
9    authorized under that Article.
10        (n) Defense budgets and petitions for certification of
11    compensation and expenses for court appointed trial
12    counsel as provided under Sections 10 and 15 of the Capital
13    Crimes Litigation Act. This subsection (n) shall apply
14    until the conclusion of the trial of the case, even if the
15    prosecution chooses not to pursue the death penalty prior
16    to trial or sentencing.
17        (o) Information that is prohibited from being
18    disclosed under Section 4 of the Illinois Health and
19    Hazardous Substances Registry Act.
20        (p) Security portions of system safety program plans,
21    investigation reports, surveys, schedules, lists, data, or
22    information compiled, collected, or prepared by or for the
23    Regional Transportation Authority under Section 2.11 of
24    the Regional Transportation Authority Act or the St. Clair
25    County Transit District under the Bi-State Transit Safety
26    Act.

 

 

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1        (q) Information prohibited from being disclosed by the
2    Personnel Record Records Review Act.
3        (r) Information prohibited from being disclosed by the
4    Illinois School Student Records Act.
5        (s) Information the disclosure of which is restricted
6    under Section 5-108 of the Public Utilities Act.
7        (t) All identified or deidentified health information
8    in the form of health data or medical records contained in,
9    stored in, submitted to, transferred by, or released from
10    the Illinois Health Information Exchange, and identified
11    or deidentified health information in the form of health
12    data and medical records of the Illinois Health Information
13    Exchange in the possession of the Illinois Health
14    Information Exchange Authority due to its administration
15    of the Illinois Health Information Exchange. The terms
16    "identified" and "deidentified" shall be given the same
17    meaning as in the Health Insurance Portability and
18    Accountability Act of 1996, Public Law 104-191, or any
19    subsequent amendments thereto, and any regulations
20    promulgated thereunder.
21        (u) Records and information provided to an independent
22    team of experts under the Developmental Disability and
23    Mental Health Safety Act (also known as Brian's Law).
24        (v) Names and information of people who have applied
25    for or received Firearm Owner's Identification Cards under
26    the Firearm Owners Identification Card Act or applied for

 

 

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1    or received a concealed carry license under the Firearm
2    Concealed Carry Act, unless otherwise authorized by the
3    Firearm Concealed Carry Act; and databases under the
4    Firearm Concealed Carry Act, records of the Concealed Carry
5    Licensing Review Board under the Firearm Concealed Carry
6    Act, and law enforcement agency objections under the
7    Firearm Concealed Carry Act.
8        (w) Personally identifiable information which is
9    exempted from disclosure under subsection (g) of Section
10    19.1 of the Toll Highway Act.
11        (x) Information which is exempted from disclosure
12    under Section 5-1014.3 of the Counties Code or Section
13    8-11-21 of the Illinois Municipal Code.
14        (y) Confidential information under the Adult
15    Protective Services Act and its predecessor enabling
16    statute, the Elder Abuse and Neglect Act, including
17    information about the identity and administrative finding
18    against any caregiver of a verified and substantiated
19    decision of abuse, neglect, or financial exploitation of an
20    eligible adult maintained in the Registry established
21    under Section 7.5 of the Adult Protective Services Act.
22        (z) Records and information provided to a fatality
23    review team or the Illinois Fatality Review Team Advisory
24    Council under Section 15 of the Adult Protective Services
25    Act.
26        (aa) Information which is exempted from disclosure

 

 

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1    under Section 2.37 of the Wildlife Code.
2        (bb) Information which is or was prohibited from
3    disclosure by the Juvenile Court Act of 1987.
4        (cc) Recordings made under the Law Enforcement
5    Officer-Worn Body Camera Act, except to the extent
6    authorized under that Act.
7        (dd) Information that is prohibited from being
8    disclosed under Section 45 of the Condominium and Common
9    Interest Community Ombudsperson Act.
10        (ee) Information that is exempted from disclosure
11    under Section 30.1 of the Pharmacy Practice Act.
12        (ff) Information that is exempted from disclosure
13    under the Revised Uniform Unclaimed Property Act.
14        (gg) Information that is prohibited from being
15    disclosed under Section 7-603.5 of the Illinois Vehicle
16    Code.
17        (hh) Records that are exempt from disclosure under
18    Section 1A-16.7 of the Election Code.
19        (ii) Information which is exempted from disclosure
20    under Section 2505-800 of the Department of Revenue Law of
21    the Civil Administrative Code of Illinois.
22        (jj) Information and reports that are required to be
23    submitted to the Department of Labor by registering day and
24    temporary labor service agencies but are exempt from
25    disclosure under subsection (a-1) of Section 45 of the Day
26    and Temporary Labor Services Act.

 

 

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1        (kk) Information prohibited from disclosure under the
2    Seizure and Forfeiture Reporting Act.
3        (ll) Information the disclosure of which is restricted
4    and exempted under Section 5-30.8 of the Illinois Public
5    Aid Code.
6        (mm) (ll) Records that are exempt from disclosure under
7    Section 4.2 of the Crime Victims Compensation Act.
8        (nn) (ll) Information that is exempt from disclosure
9    under Section 70 of the Higher Education Student Assistance
10    Act.
11        (oo) Data reported by an employer to the Department of
12    Human Rights pursuant to Section 2-108 of the Illinois
13    Human Rights Act.
14(Source: P.A. 99-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352,
15eff. 1-1-16; 99-642, eff. 7-28-16; 99-776, eff. 8-12-16;
1699-863, eff. 8-19-16; 100-20, eff. 7-1-17; 100-22, eff. 1-1-18;
17100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff.
188-28-17; 100-465, eff. 8-31-17; 100-512, eff. 7-1-18; 100-517,
19eff. 6-1-18; 100-646, eff. 7-27-18; 100-690, eff. 1-1-19;
20100-863, eff. 8-14-18; 100-887, eff. 8-14-18; revised
2110-12-18.)
 
22    Section 2-7. The Department of Professional Regulation Law
23of the Civil Administrative Code of Illinois is amended by
24changing Section 2105-15 as follows:
 

 

 

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1    (20 ILCS 2105/2105-15)
2    Sec. 2105-15. General powers and duties.
3    (a) The Department has, subject to the provisions of the
4Civil Administrative Code of Illinois, the following powers and
5duties:
6        (1) To authorize examinations in English to ascertain
7    the qualifications and fitness of applicants to exercise
8    the profession, trade, or occupation for which the
9    examination is held.
10        (2) To prescribe rules and regulations for a fair and
11    wholly impartial method of examination of candidates to
12    exercise the respective professions, trades, or
13    occupations.
14        (3) To pass upon the qualifications of applicants for
15    licenses, certificates, and authorities, whether by
16    examination, by reciprocity, or by endorsement.
17        (4) To prescribe rules and regulations defining, for
18    the respective professions, trades, and occupations, what
19    shall constitute a school, college, or university, or
20    department of a university, or other institution,
21    reputable and in good standing, and to determine the
22    reputability and good standing of a school, college, or
23    university, or department of a university, or other
24    institution, reputable and in good standing, by reference
25    to a compliance with those rules and regulations; provided,
26    that no school, college, or university, or department of a

 

 

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1    university, or other institution that refuses admittance
2    to applicants solely on account of race, color, creed, sex,
3    sexual orientation, or national origin shall be considered
4    reputable and in good standing.
5        (5) To conduct hearings on proceedings to revoke,
6    suspend, refuse to renew, place on probationary status, or
7    take other disciplinary action as authorized in any
8    licensing Act administered by the Department with regard to
9    licenses, certificates, or authorities of persons
10    exercising the respective professions, trades, or
11    occupations and to revoke, suspend, refuse to renew, place
12    on probationary status, or take other disciplinary action
13    as authorized in any licensing Act administered by the
14    Department with regard to those licenses, certificates, or
15    authorities.
16        The Department shall issue a monthly disciplinary
17    report.
18        The Department shall refuse to issue or renew a license
19    to, or shall suspend or revoke a license of, any person
20    who, after receiving notice, fails to comply with a
21    subpoena or warrant relating to a paternity or child
22    support proceeding. However, the Department may issue a
23    license or renewal upon compliance with the subpoena or
24    warrant.
25        The Department, without further process or hearings,
26    shall revoke, suspend, or deny any license or renewal

 

 

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1    authorized by the Civil Administrative Code of Illinois to
2    a person who is certified by the Department of Healthcare
3    and Family Services (formerly Illinois Department of
4    Public Aid) as being more than 30 days delinquent in
5    complying with a child support order or who is certified by
6    a court as being in violation of the Non-Support Punishment
7    Act for more than 60 days. The Department may, however,
8    issue a license or renewal if the person has established a
9    satisfactory repayment record as determined by the
10    Department of Healthcare and Family Services (formerly
11    Illinois Department of Public Aid) or if the person is
12    determined by the court to be in compliance with the
13    Non-Support Punishment Act. The Department may implement
14    this paragraph as added by Public Act 89-6 through the use
15    of emergency rules in accordance with Section 5-45 of the
16    Illinois Administrative Procedure Act. For purposes of the
17    Illinois Administrative Procedure Act, the adoption of
18    rules to implement this paragraph shall be considered an
19    emergency and necessary for the public interest, safety,
20    and welfare.
21        (6) To transfer jurisdiction of any realty under the
22    control of the Department to any other department of the
23    State Government or to acquire or accept federal lands when
24    the transfer, acquisition, or acceptance is advantageous
25    to the State and is approved in writing by the Governor.
26        (7) To formulate rules and regulations necessary for

 

 

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1    the enforcement of any Act administered by the Department.
2        (8) To exchange with the Department of Healthcare and
3    Family Services information that may be necessary for the
4    enforcement of child support orders entered pursuant to the
5    Illinois Public Aid Code, the Illinois Marriage and
6    Dissolution of Marriage Act, the Non-Support of Spouse and
7    Children Act, the Non-Support Punishment Act, the Revised
8    Uniform Reciprocal Enforcement of Support Act, the Uniform
9    Interstate Family Support Act, the Illinois Parentage Act
10    of 1984, or the Illinois Parentage Act of 2015.
11    Notwithstanding any provisions in this Code to the
12    contrary, the Department of Professional Regulation shall
13    not be liable under any federal or State law to any person
14    for any disclosure of information to the Department of
15    Healthcare and Family Services (formerly Illinois
16    Department of Public Aid) under this paragraph (8) or for
17    any other action taken in good faith to comply with the
18    requirements of this paragraph (8).
19        (8.3) To exchange information with the Department of
20    Human Rights regarding recommendations received under
21    paragraph (B) of Section 8-109 of the Illinois Human Rights
22    Act regarding a licensee or candidate for licensure who has
23    committed a civil rights violation that may lead to the
24    refusal, suspension, or revocation of a license from the
25    Department.
26        (8.5) To accept continuing education credit for

 

 

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1    mandated reporter training on how to recognize and report
2    child abuse offered by the Department of Children and
3    Family Services and completed by any person who holds a
4    professional license issued by the Department and who is a
5    mandated reporter under the Abused and Neglected Child
6    Reporting Act. The Department shall adopt any rules
7    necessary to implement this paragraph.
8        (9) To perform other duties prescribed by law.
9    (a-5) Except in cases involving delinquency in complying
10with a child support order or violation of the Non-Support
11Punishment Act and notwithstanding anything that may appear in
12any individual licensing Act or administrative rule, no person
13or entity whose license, certificate, or authority has been
14revoked as authorized in any licensing Act administered by the
15Department may apply for restoration of that license,
16certification, or authority until 3 years after the effective
17date of the revocation.
18    (b) (Blank).
19    (c) For the purpose of securing and preparing evidence, and
20for the purchase of controlled substances, professional
21services, and equipment necessary for enforcement activities,
22recoupment of investigative costs, and other activities
23directed at suppressing the misuse and abuse of controlled
24substances, including those activities set forth in Sections
25504 and 508 of the Illinois Controlled Substances Act, the
26Director and agents appointed and authorized by the Director

 

 

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1may expend sums from the Professional Regulation Evidence Fund
2that the Director deems necessary from the amounts appropriated
3for that purpose. Those sums may be advanced to the agent when
4the Director deems that procedure to be in the public interest.
5Sums for the purchase of controlled substances, professional
6services, and equipment necessary for enforcement activities
7and other activities as set forth in this Section shall be
8advanced to the agent who is to make the purchase from the
9Professional Regulation Evidence Fund on vouchers signed by the
10Director. The Director and those agents are authorized to
11maintain one or more commercial checking accounts with any
12State banking corporation or corporations organized under or
13subject to the Illinois Banking Act for the deposit and
14withdrawal of moneys to be used for the purposes set forth in
15this Section; provided, that no check may be written nor any
16withdrawal made from any such account except upon the written
17signatures of 2 persons designated by the Director to write
18those checks and make those withdrawals. Vouchers for those
19expenditures must be signed by the Director. All such
20expenditures shall be audited by the Director, and the audit
21shall be submitted to the Department of Central Management
22Services for approval.
23    (d) Whenever the Department is authorized or required by
24law to consider some aspect of criminal history record
25information for the purpose of carrying out its statutory
26powers and responsibilities, then, upon request and payment of

 

 

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1fees in conformance with the requirements of Section 2605-400
2of the Department of State Police Law (20 ILCS 2605/2605-400),
3the Department of State Police is authorized to furnish,
4pursuant to positive identification, the information contained
5in State files that is necessary to fulfill the request.
6    (e) The provisions of this Section do not apply to private
7business and vocational schools as defined by Section 15 of the
8Private Business and Vocational Schools Act of 2012.
9    (f) (Blank).
10    (f-5) Notwithstanding anything that may appear in any
11individual licensing statute or administrative rule, the
12Department shall allow an applicant to provide his or her
13individual taxpayer identification number as an alternative to
14providing a social security number when applying for a license.
15    (g) Notwithstanding anything that may appear in any
16individual licensing statute or administrative rule, the
17Department shall deny any license application or renewal
18authorized under any licensing Act administered by the
19Department to any person who has failed to file a return, or to
20pay the tax, penalty, or interest shown in a filed return, or
21to pay any final assessment of tax, penalty, or interest, as
22required by any tax Act administered by the Illinois Department
23of Revenue, until such time as the requirement of any such tax
24Act are satisfied; however, the Department may issue a license
25or renewal if the person has established a satisfactory
26repayment record as determined by the Illinois Department of

 

 

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1Revenue. For the purpose of this Section, "satisfactory
2repayment record" shall be defined by rule.
3    In addition, a complaint filed with the Department by the
4Illinois Department of Revenue that includes a certification,
5signed by its Director or designee, attesting to the amount of
6the unpaid tax liability or the years for which a return was
7not filed, or both, is prima facie evidence of the licensee's
8failure to comply with the tax laws administered by the
9Illinois Department of Revenue. Upon receipt of that
10certification, the Department shall, without a hearing,
11immediately suspend all licenses held by the licensee.
12Enforcement of the Department's order shall be stayed for 60
13days. The Department shall provide notice of the suspension to
14the licensee by mailing a copy of the Department's order to the
15licensee's address of record or emailing a copy of the order to
16the licensee's email address of record. The notice shall advise
17the licensee that the suspension shall be effective 60 days
18after the issuance of the Department's order unless the
19Department receives, from the licensee, a request for a hearing
20before the Department to dispute the matters contained in the
21order.
22    Any suspension imposed under this subsection (g) shall be
23terminated by the Department upon notification from the
24Illinois Department of Revenue that the licensee is in
25compliance with all tax laws administered by the Illinois
26Department of Revenue.

 

 

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1    The Department may promulgate rules for the administration
2of this subsection (g).
3    (h) The Department may grant the title "Retired", to be
4used immediately adjacent to the title of a profession
5regulated by the Department, to eligible retirees. For
6individuals licensed under the Medical Practice Act of 1987,
7the title "Retired" may be used in the profile required by the
8Patients' Right to Know Act. The use of the title "Retired"
9shall not constitute representation of current licensure,
10registration, or certification. Any person without an active
11license, registration, or certificate in a profession that
12requires licensure, registration, or certification shall not
13be permitted to practice that profession.
14    (i) The Department shall make available on its website
15general information explaining how the Department utilizes
16criminal history information in making licensure application
17decisions, including a list of enumerated offenses that serve
18as a statutory bar to licensure.
19(Source: P.A. 99-85, eff. 1-1-16; 99-227, eff. 8-3-15; 99-330,
20eff. 8-10-15; 99-642, eff. 7-28-16; 99-933, eff. 1-27-17;
21100-262, eff. 8-22-17; 100-863, eff. 8-14-18; 100-872, eff.
228-14-18; 100-883, eff. 8-14-18; 100-1078, eff. 1-1-19; revised
2310-18-18.)
 
24    Section 2-10. The Uniform Arbitration Act is amended by
25changing Section 1 as follows:
 

 

 

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1    (710 ILCS 5/1)  (from Ch. 10, par. 101)
2    Sec. 1. Validity of arbitration agreement. A written
3agreement to submit any existing controversy to arbitration or
4a provision in a written contract to submit to arbitration any
5controversy thereafter arising between the parties is valid,
6enforceable and irrevocable save upon such grounds as exist for
7the revocation of any contract, including failure to comply
8with the terms of the Workplace Transparency Act, except that
9any agreement between a patient and a hospital or health care
10provider to submit to binding arbitration a claim for damages
11arising out of (1) injuries alleged to have been received by a
12patient, or (2) death of a patient, due to hospital or health
13care provider negligence or other wrongful act, but not
14including intentional torts, is also subject to the Health Care
15Arbitration Act.
16(Source: P.A. 80-1012; 80-1031.)
 
17    Section 2-15. The Illinois Human Rights Act is amended by
18changing Sections 1-103, 2-101, 2-102, 7-109.1, 7A-102, and
198-109 and by adding Sections 2-108, 2-109, 2-110, and 8-109.1
20as follows:
 
21    (775 ILCS 5/1-103)  (from Ch. 68, par. 1-103)
22    Sec. 1-103. General definitions. When used in this Act,
23unless the context requires otherwise, the term:

 

 

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1    (A) Age. "Age" means the chronological age of a person who
2is at least 40 years old, except with regard to any practice
3described in Section 2-102, insofar as that practice concerns
4training or apprenticeship programs. In the case of training or
5apprenticeship programs, for the purposes of Section 2-102,
6"age" means the chronological age of a person who is 18 but not
7yet 40 years old.
8    (B) Aggrieved party. "Aggrieved party" means a person who
9is alleged or proved to have been injured by a civil rights
10violation or believes he or she will be injured by a civil
11rights violation under Article 3 that is about to occur.
12    (C) Charge. "Charge" means an allegation filed with the
13Department by an aggrieved party or initiated by the Department
14under its authority.
15    (D) Civil rights violation. "Civil rights violation"
16includes and shall be limited to only those specific acts set
17forth in Sections 2-102, 2-103, 2-105, 3-102, 3-102.1, 3-103,
183-104, 3-104.1, 3-105, 3-105.1, 4-102, 4-103, 5-102, 5A-102,
196-101, and 6-102 of this Act.
20    (E) Commission. "Commission" means the Human Rights
21Commission created by this Act.
22    (F) Complaint. "Complaint" means the formal pleading filed
23by the Department with the Commission following an
24investigation and finding of substantial evidence of a civil
25rights violation.
26    (G) Complainant. "Complainant" means a person including

 

 

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1the Department who files a charge of civil rights violation
2with the Department or the Commission.
3    (H) Department. "Department" means the Department of Human
4Rights created by this Act.
5    (I) Disability. "Disability" means a determinable physical
6or mental characteristic of a person, including, but not
7limited to, a determinable physical characteristic which
8necessitates the person's use of a guide, hearing or support
9dog, the history of such characteristic, or the perception of
10such characteristic by the person complained against, which may
11result from disease, injury, congenital condition of birth or
12functional disorder and which characteristic:
13        (1) For purposes of Article 2, is unrelated to the
14    person's ability to perform the duties of a particular job
15    or position and, pursuant to Section 2-104 of this Act, a
16    person's illegal use of drugs or alcohol is not a
17    disability;
18        (2) For purposes of Article 3, is unrelated to the
19    person's ability to acquire, rent, or maintain a housing
20    accommodation;
21        (3) For purposes of Article 4, is unrelated to a
22    person's ability to repay;
23        (4) For purposes of Article 5, is unrelated to a
24    person's ability to utilize and benefit from a place of
25    public accommodation;
26        (5) For purposes of Article 5, also includes any

 

 

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1    mental, psychological, or developmental disability,
2    including autism spectrum disorders.
3    (J) Marital status. "Marital status" means the legal status
4of being married, single, separated, divorced, or widowed.
5    (J-1) Military status. "Military status" means a person's
6status on active duty in or status as a veteran of the armed
7forces of the United States, status as a current member or
8veteran of any reserve component of the armed forces of the
9United States, including the United States Army Reserve, United
10States Marine Corps Reserve, United States Navy Reserve, United
11States Air Force Reserve, and United States Coast Guard
12Reserve, or status as a current member or veteran of the
13Illinois Army National Guard or Illinois Air National Guard.
14    (K) National origin. "National origin" means the place in
15which a person or one of his or her ancestors was born.
16    (K-5) "Order of protection status" means a person's status
17as being a person protected under an order of protection issued
18pursuant to the Illinois Domestic Violence Act of 1986, Article
19112A of the Code of Criminal Procedure of 1963, the Stalking No
20Contact Order Act, or the Civil No Contact Order Act, or an
21order of protection issued by a court of another state.
22    (L) Person. "Person" includes one or more individuals,
23partnerships, associations or organizations, labor
24organizations, labor unions, joint apprenticeship committees,
25or union labor associations, corporations, the State of
26Illinois and its instrumentalities, political subdivisions,

 

 

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1units of local government, legal representatives, trustees in
2bankruptcy or receivers.
3    (L-5) Pregnancy. "Pregnancy" means pregnancy, childbirth,
4or medical or common conditions related to pregnancy or
5childbirth.
6    (M) Public contract. "Public contract" includes every
7contract to which the State, any of its political subdivisions,
8or any municipal corporation is a party.
9    (N) Religion. "Religion" includes all aspects of religious
10observance and practice, as well as belief, except that with
11respect to employers, for the purposes of Article 2, "religion"
12has the meaning ascribed to it in paragraph (F) of Section
132-101.
14    (O) Sex. "Sex" means the status of being male or female.
15    (O-1) Sexual orientation. "Sexual orientation" means
16actual or perceived heterosexuality, homosexuality,
17bisexuality, or gender-related identity, whether or not
18traditionally associated with the person's designated sex at
19birth. "Sexual orientation" does not include a physical or
20sexual attraction to a minor by an adult.
21    (P) Unfavorable military discharge. "Unfavorable military
22discharge" includes discharges from the Armed Forces of the
23United States, their Reserve components, or any National Guard
24or Naval Militia which are classified as RE-3 or the equivalent
25thereof, but does not include those characterized as RE-4 or
26"Dishonorable".

 

 

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1    (Q) Unlawful discrimination. "Unlawful discrimination"
2means discrimination against a person because of his or her
3actual or perceived: race, color, religion, national origin,
4ancestry, age, sex, marital status, order of protection status,
5disability, military status, sexual orientation, pregnancy, or
6unfavorable discharge from military service as those terms are
7defined in this Section.
8(Source: P.A. 100-714, eff. 1-1-19; revised 10-4-18.)
 
9    (775 ILCS 5/2-101)  (from Ch. 68, par. 2-101)
10    Sec. 2-101. Definitions. The following definitions are
11applicable strictly in the context of this Article.
12    (A) Employee.
13        (1) "Employee" includes:
14            (a) Any individual performing services for
15        remuneration within this State for an employer;
16            (b) An apprentice;
17            (c) An applicant for any apprenticeship.
18        For purposes of subsection (D) of Section 2-102 of this
19    Act, "employee" also includes an unpaid intern. An unpaid
20    intern is a person who performs work for an employer under
21    the following circumstances:
22            (i) the employer is not committed to hiring the
23        person performing the work at the conclusion of the
24        intern's tenure;
25            (ii) the employer and the person performing the

 

 

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1        work agree that the person is not entitled to wages for
2        the work performed; and
3            (iii) the work performed:
4                (I) supplements training given in an
5            educational environment that may enhance the
6            employability of the intern;
7                (II) provides experience for the benefit of
8            the person performing the work;
9                (III) does not displace regular employees;
10                (IV) is performed under the close supervision
11            of existing staff; and
12                (V) provides no immediate advantage to the
13            employer providing the training and may
14            occasionally impede the operations of the
15            employer.
16        (2) "Employee" does not include:
17            (a) (Blank);
18            (b) Individuals employed by persons who are not
19        "employers" as defined by this Act;
20            (c) Elected public officials or the members of
21        their immediate personal staffs;
22            (d) Principal administrative officers of the State
23        or of any political subdivision, municipal corporation
24        or other governmental unit or agency;
25            (e) A person in a vocational rehabilitation
26        facility certified under federal law who has been

 

 

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1        designated an evaluee, trainee, or work activity
2        client.
3    (B) Employer.
4        (1) "Employer" includes:
5            (a) Any person employing 15 or more employees
6        within Illinois during 20 or more calendar weeks within
7        the calendar year of or preceding the alleged
8        violation;
9            (b) Any person employing one or more employees when
10        a complainant alleges civil rights violation due to
11        unlawful discrimination based upon his or her physical
12        or mental disability unrelated to ability, pregnancy,
13        or sexual harassment;
14            (c) The State and any political subdivision,
15        municipal corporation or other governmental unit or
16        agency, without regard to the number of employees;
17            (d) Any party to a public contract without regard
18        to the number of employees;
19            (e) A joint apprenticeship or training committee
20        without regard to the number of employees.
21        (2) "Employer" does not include any religious
22    corporation, association, educational institution,
23    society, or non-profit nursing institution conducted by
24    and for those who rely upon treatment by prayer through
25    spiritual means in accordance with the tenets of a
26    recognized church or religious denomination with respect

 

 

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1    to the employment of individuals of a particular religion
2    to perform work connected with the carrying on by such
3    corporation, association, educational institution, society
4    or non-profit nursing institution of its activities.
5    (C) Employment Agency. "Employment Agency" includes both
6public and private employment agencies and any person, labor
7organization, or labor union having a hiring hall or hiring
8office regularly undertaking, with or without compensation, to
9procure opportunities to work, or to procure, recruit, refer or
10place employees.
11    (D) Labor Organization. "Labor Organization" includes any
12organization, labor union, craft union, or any voluntary
13unincorporated association designed to further the cause of the
14rights of union labor which is constituted for the purpose, in
15whole or in part, of collective bargaining or of dealing with
16employers concerning grievances, terms or conditions of
17employment, or apprenticeships or applications for
18apprenticeships, or of other mutual aid or protection in
19connection with employment, including apprenticeships or
20applications for apprenticeships.
21    (E) Sexual Harassment. "Sexual harassment" means any
22unwelcome sexual advances or requests for sexual favors or any
23conduct of a sexual nature when (1) submission to such conduct
24is made either explicitly or implicitly a term or condition of
25an individual's employment, (2) submission to or rejection of
26such conduct by an individual is used as the basis for

 

 

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1employment decisions affecting such individual, or (3) such
2conduct has the purpose or effect of substantially interfering
3with an individual's work performance or creating an
4intimidating, hostile or offensive working environment.
5    For purposes of this definition, the phrase "working
6environment" is not limited to a physical location an employee
7is assigned to perform his or her duties.
8    (E-1) Harassment. "Harassment" means any unwelcome conduct
9on the basis of an individual's actual or perceived race,
10color, religion, national origin, ancestry, age, sex, marital
11status, order of protection status, disability, military
12status, sexual orientation, pregnancy, unfavorable discharge
13from military service, or citizenship status that has the
14purpose or effect of substantially interfering with the
15individual's work performance or creating an intimidating,
16hostile, or offensive working environment. For purposes of this
17definition, the phrase "working environment" is not limited to
18a physical location an employee is assigned to perform his or
19her duties.
20    (F) Religion. "Religion" with respect to employers
21includes all aspects of religious observance and practice, as
22well as belief, unless an employer demonstrates that he is
23unable to reasonably accommodate an employee's or prospective
24employee's religious observance or practice without undue
25hardship on the conduct of the employer's business.
26    (G) Public Employer. "Public employer" means the State, an

 

 

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1agency or department thereof, unit of local government, school
2district, instrumentality or political subdivision.
3    (H) Public Employee. "Public employee" means an employee of
4the State, agency or department thereof, unit of local
5government, school district, instrumentality or political
6subdivision. "Public employee" does not include public
7officers or employees of the General Assembly or agencies
8thereof.
9    (I) Public Officer. "Public officer" means a person who is
10elected to office pursuant to the Constitution or a statute or
11ordinance, or who is appointed to an office which is
12established, and the qualifications and duties of which are
13prescribed, by the Constitution or a statute or ordinance, to
14discharge a public duty for the State, agency or department
15thereof, unit of local government, school district,
16instrumentality or political subdivision.
17    (J) Eligible Bidder. "Eligible bidder" means a person who,
18prior to contract award or prior to bid opening for State
19contracts for construction or construction-related services,
20has filed with the Department a properly completed, sworn and
21currently valid employer report form, pursuant to the
22Department's regulations. The provisions of this Article
23relating to eligible bidders apply only to bids on contracts
24with the State and its departments, agencies, boards, and
25commissions, and the provisions do not apply to bids on
26contracts with units of local government or school districts.

 

 

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1    (K) Citizenship Status. "Citizenship status" means the
2status of being:
3        (1) a born U.S. citizen;
4        (2) a naturalized U.S. citizen;
5        (3) a U.S. national; or
6        (4) a person born outside the United States and not a
7    U.S. citizen who is not an unauthorized alien and who is
8    protected from discrimination under the provisions of
9    Section 1324b of Title 8 of the United States Code, as now
10    or hereafter amended.
11(Source: P.A. 99-78, eff. 7-20-15; 99-758, eff. 1-1-17; 100-43,
12eff. 8-9-17.)
 
13    (775 ILCS 5/2-102)  (from Ch. 68, par. 2-102)
14    Sec. 2-102. Civil rights violations - employment. It is a
15civil rights violation:
16        (A) Employers. For any employer to refuse to hire, to
17    segregate, to engage in harassment as defined in subsection
18    (E-1) of Section 2-101, or to act with respect to
19    recruitment, hiring, promotion, renewal of employment,
20    selection for training or apprenticeship, discharge,
21    discipline, tenure or terms, privileges or conditions of
22    employment on the basis of unlawful discrimination or
23    citizenship status. An employer is responsible for
24    harassment by the employer's nonmanagerial and
25    nonsupervisory employees only if the employer becomes

 

 

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1    aware of the conduct and fails to take reasonable
2    corrective measures.
3        (A-5) Language. For an employer to impose a restriction
4    that has the effect of prohibiting a language from being
5    spoken by an employee in communications that are unrelated
6    to the employee's duties.
7        For the purposes of this subdivision (A-5), "language"
8    means a person's native tongue, such as Polish, Spanish, or
9    Chinese. "Language" does not include such things as slang,
10    jargon, profanity, or vulgarity.
11        (A-10) Harassment of nonemployees. For any employer,
12    employment agency, or labor organization to engage in
13    harassment of nonemployees in the workplace. An employer is
14    responsible for harassment of nonemployees by the
15    employer's nonmanagerial and nonsupervisory employees only
16    if the employer becomes aware of the conduct and fails to
17    take reasonable corrective measures. For the purposes of
18    this subdivision (A-10), "nonemployee" means a person who
19    is not otherwise an employee of the employer and is
20    directly performing services for the employer pursuant to a
21    contract with that employer. "Nonemployee" includes
22    contractors and consultants. This subdivision applies to
23    harassment occurring on or after the effective date of this
24    amendatory Act of the 101st General Assembly.
25        (B) Employment agency. For any employment agency to
26    fail or refuse to classify properly, accept applications

 

 

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1    and register for employment referral or apprenticeship
2    referral, refer for employment, or refer for
3    apprenticeship on the basis of unlawful discrimination or
4    citizenship status or to accept from any person any job
5    order, requisition or request for referral of applicants
6    for employment or apprenticeship which makes or has the
7    effect of making unlawful discrimination or discrimination
8    on the basis of citizenship status a condition of referral.
9        (C) Labor organization. For any labor organization to
10    limit, segregate or classify its membership, or to limit
11    employment opportunities, selection and training for
12    apprenticeship in any trade or craft, or otherwise to take,
13    or fail to take, any action which affects adversely any
14    person's status as an employee or as an applicant for
15    employment or as an apprentice, or as an applicant for
16    apprenticeships, or wages, tenure, hours of employment or
17    apprenticeship conditions on the basis of unlawful
18    discrimination or citizenship status.
19        (D) Sexual harassment. For any employer, employee,
20    agent of any employer, employment agency or labor
21    organization to engage in sexual harassment; provided,
22    that an employer shall be responsible for sexual harassment
23    of the employer's employees by nonemployees or
24    nonmanagerial and nonsupervisory employees only if the
25    employer becomes aware of the conduct and fails to take
26    reasonable corrective measures.

 

 

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1        (D-5) Sexual harassment of nonemployees. For any
2    employer, employee, agent of any employer, employment
3    agency, or labor organization to engage in sexual
4    harassment of nonemployees in the workplace. An employer is
5    responsible for sexual harassment of nonemployees by the
6    employer's nonmanagerial and nonsupervisory employees only
7    if the employer becomes aware of the conduct and fails to
8    take reasonable corrective measures. For the purposes of
9    this subdivision (D-5), "nonemployee" means a person who is
10    not otherwise an employee of the employer and is directly
11    performing services for the employer pursuant to a contract
12    with that employer. "Nonemployee" includes contractors and
13    consultants. This subdivision applies to sexual harassment
14    occurring on or after the effective date of this amendatory
15    Act of the 101st General Assembly.
16        (E) Public employers. For any public employer to refuse
17    to permit a public employee under its jurisdiction who
18    takes time off from work in order to practice his or her
19    religious beliefs to engage in work, during hours other
20    than such employee's regular working hours, consistent
21    with the operational needs of the employer and in order to
22    compensate for work time lost for such religious reasons.
23    Any employee who elects such deferred work shall be
24    compensated at the wage rate which he or she would have
25    earned during the originally scheduled work period. The
26    employer may require that an employee who plans to take

 

 

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

 

 

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

 

 

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

 

 

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1        accommodations, a description of the reasonable
2        accommodation or accommodations medically advisable,
3        the date the reasonable accommodation or
4        accommodations became medically advisable, and the
5        probable duration of the reasonable accommodation or
6        accommodations. It is the duty of the individual
7        seeking a reasonable accommodation or accommodations
8        to submit to the employer any documentation that is
9        requested in accordance with this paragraph.
10        Notwithstanding the provisions of this paragraph, the
11        employer may require documentation by the employee's
12        health care provider to determine compliance with
13        other laws. The employee and employer shall engage in a
14        timely, good faith, and meaningful exchange to
15        determine effective reasonable accommodations.
16            (2) For an employer to deny employment
17        opportunities or benefits to or take adverse action
18        against an otherwise qualified job applicant or
19        employee, including a part-time, full-time, or
20        probationary employee, if the denial or adverse action
21        is based on the need of the employer to make reasonable
22        accommodations to the known medical or common
23        conditions related to the pregnancy or childbirth of
24        the applicant or employee.
25            (3) For an employer to require a job applicant or
26        employee, including a part-time, full-time, or

 

 

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1        probationary employee, affected by pregnancy,
2        childbirth, or medical or common conditions related to
3        pregnancy or childbirth to accept an accommodation
4        when the applicant or employee did not request an
5        accommodation and the applicant or employee chooses
6        not to accept the employer's accommodation.
7            (4) For an employer to require an employee,
8        including a part-time, full-time, or probationary
9        employee, to take leave under any leave law or policy
10        of the employer if another reasonable accommodation
11        can be provided to the known medical or common
12        conditions related to the pregnancy or childbirth of an
13        employee. No employer shall fail or refuse to reinstate
14        the employee affected by pregnancy, childbirth, or
15        medical or common conditions related to pregnancy or
16        childbirth to her original job or to an equivalent
17        position with equivalent pay and accumulated
18        seniority, retirement, fringe benefits, and other
19        applicable service credits upon her signifying her
20        intent to return or when her need for reasonable
21        accommodation ceases, unless the employer can
22        demonstrate that the accommodation would impose an
23        undue hardship on the ordinary operation of the
24        business of the employer.
25        For the purposes of this subdivision (J), "reasonable
26    accommodations" means reasonable modifications or

 

 

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1    adjustments to the job application process or work
2    environment, or to the manner or circumstances under which
3    the position desired or held is customarily performed, that
4    enable an applicant or employee affected by pregnancy,
5    childbirth, or medical or common conditions related to
6    pregnancy or childbirth to be considered for the position
7    the applicant desires or to perform the essential functions
8    of that position, and may include, but is not limited to:
9    more frequent or longer bathroom breaks, breaks for
10    increased water intake, and breaks for periodic rest;
11    private non-bathroom space for expressing breast milk and
12    breastfeeding; seating; assistance with manual labor;
13    light duty; temporary transfer to a less strenuous or
14    hazardous position; the provision of an accessible
15    worksite; acquisition or modification of equipment; job
16    restructuring; a part-time or modified work schedule;
17    appropriate adjustment or modifications of examinations,
18    training materials, or policies; reassignment to a vacant
19    position; time off to recover from conditions related to
20    childbirth; and leave necessitated by pregnancy,
21    childbirth, or medical or common conditions resulting from
22    pregnancy or childbirth.
23        For the purposes of this subdivision (J), "undue
24    hardship" means an action that is prohibitively expensive
25    or disruptive when considered in light of the following
26    factors: (i) the nature and cost of the accommodation

 

 

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1    needed; (ii) the overall financial resources of the
2    facility or facilities involved in the provision of the
3    reasonable accommodation, the number of persons employed
4    at the facility, the effect on expenses and resources, or
5    the impact otherwise of the accommodation upon the
6    operation of the facility; (iii) the overall financial
7    resources of the employer, the overall size of the business
8    of the employer with respect to the number of its
9    employees, and the number, type, and location of its
10    facilities; and (iv) the type of operation or operations of
11    the employer, including the composition, structure, and
12    functions of the workforce of the employer, the geographic
13    separateness, administrative, or fiscal relationship of
14    the facility or facilities in question to the employer. The
15    employer has the burden of proving undue hardship. The fact
16    that the employer provides or would be required to provide
17    a similar accommodation to similarly situated employees
18    creates a rebuttable presumption that the accommodation
19    does not impose an undue hardship on the employer.
20        No employer is required by this subdivision (J) to
21    create additional employment that the employer would not
22    otherwise have created, unless the employer does so or
23    would do so for other classes of employees who need
24    accommodation. The employer is not required to discharge
25    any employee, transfer any employee with more seniority, or
26    promote any employee who is not qualified to perform the

 

 

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1    job, unless the employer does so or would do so to
2    accommodate other classes of employees who need it.
3        (K) Notice.
4            (1) For an employer to fail to post or keep posted
5        in a conspicuous location on the premises of the
6        employer where notices to employees are customarily
7        posted, or fail to include in any employee handbook
8        information concerning an employee's rights under this
9        Article, a notice, to be prepared or approved by the
10        Department, summarizing the requirements of this
11        Article and information pertaining to the filing of a
12        charge, including the right to be free from unlawful
13        discrimination, the right to be free from sexual
14        harassment, and the right to certain reasonable
15        accommodations. The Department shall make the
16        documents required under this paragraph available for
17        retrieval from the Department's website.
18            (2) Upon notification of a violation of paragraph
19        (1) of this subdivision (K), the Department may launch
20        a preliminary investigation. If the Department finds a
21        violation, the Department may issue a notice to show
22        cause giving the employer 30 days to correct the
23        violation. If the violation is not corrected, the
24        Department may initiate a charge of a civil rights
25        violation.
26(Source: P.A. 100-100, eff. 8-11-17; 100-588, eff. 6-8-18.)
 

 

 

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1    (775 ILCS 5/2-108 new)
2    Sec. 2-108. Employer disclosure requirements.
3    (A) Definitions. The following definitions are applicable
4strictly to this Section:
5        (1) "Employer" means:
6            (a) any person employing one or more employees
7        within this State;
8            (b) a labor organization; or
9            (c) the State and any political subdivision,
10        municipal corporation, or other governmental unit or
11        agency, without regard to the number of employees.
12        (2) "Settlement" means any written commitment or
13    written agreement, including any agreed judgment,
14    stipulation, decree, agreement to settle, assurance of
15    discontinuance, or otherwise between an employee, as
16    defined by subsection (A) of Section 2-101, or a
17    nonemployee to whom an employer owes a duty under this Act
18    pursuant to (A-10) or (D-5) of Section 2-102, and an
19    employer under which the employer directly or indirectly
20    provides to an individual compensation or other
21    consideration due to an allegation that the individual has
22    been a victim of sexual harassment or unlawful
23    discrimination under this Act.
24        (3) "Adverse judgment or administrative ruling" means
25    any final and non-appealable adverse judgment or final and

 

 

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1    non-appealable administrative ruling entered in favor of
2    an employee as defined by subsection (A) of Section 2-101
3    or a nonemployee to whom an employer owes a duty under this
4    Act pursuant to (A-10) or (D-5) of Section 2-102, and
5    against the employer during the preceding year in which
6    there was a finding of sexual harassment or unlawful
7    discrimination brought under this Act, Title VII of the
8    Civil Rights Act of 1964, or any other federal, State, or
9    local law prohibiting sexual harassment or unlawful
10    discrimination.
11    (B) Required disclosures. Beginning July 1, 2020, and by
12each July 1 thereafter, each employer that had an adverse
13judgment or administrative ruling against it in the preceding
14calendar year, as provided in this Section, shall disclose
15annually to the Department of Human Rights the following
16information:
17        (1) the total number of adverse judgments or
18    administrative rulings during the preceding year;
19        (2) whether any equitable relief was ordered against
20    the employer in any adverse judgment or administrative
21    ruling described in paragraph (1);
22        (3) how many adverse judgments or administrative
23    rulings described in paragraph (1) are in each of the
24    following categories:
25            (a) sexual harassment;
26            (b) discrimination or harassment on the basis of

 

 

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1        sex;
2            (c) discrimination or harassment on the basis of
3        race, color, or national origin;
4            (d) discrimination or harassment on the basis of
5        religion;
6            (e) discrimination or harassment on the basis of
7        age;
8            (f) discrimination or harassment on the basis of
9        disability;
10            (g) discrimination or harassment on the basis of
11        military status or unfavorable discharge from military
12        status;
13            (h) discrimination or harassment on the basis of
14        sexual orientation or gender identity; and
15            (i) discrimination or harassment on the basis of
16        any other characteristic protected under this Act;
17    (C) Settlements. If the Department is investigating a
18charge filed pursuant to this Act, the Department may request
19the employer responding to the charge to submit the total
20number of settlements entered into during the preceding 5
21years, or less at the direction of the Department, that relate
22to any alleged act of sexual harassment or unlawful
23discrimination that:
24        (1) occurred in the workplace of the employer; or
25        (2) involved the behavior of an employee of the
26    employer or a corporate executive of the employer, without

 

 

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1    regard to whether that behavior occurred in the workplace
2    of the employer.
3    The total number of settlements entered into during the
4requested period shall be reported along with how many
5settlements are in each of the following categories, when
6requested by the Department pursuant to this subsection:
7        (a) sexual harassment;
8        (b) discrimination or harassment on the basis of sex;
9        (c) discrimination or harassment on the basis of race,
10    color, or national origin;
11        (d) discrimination or harassment on the basis of
12    religion;
13        (e) discrimination or harassment on the basis of age;
14        (f) discrimination or harassment on the basis of
15    disability;
16        (g) discrimination or harassment on the basis of
17    military status or unfavorable discharge from military
18    status;
19        (h) discrimination or harassment on the basis of sexual
20    orientation or gender identity; and
21        (i) discrimination or harassment on the basis of any
22    other characteristic protected under this Act;
23    The Department shall not rely on the existence of any
24settlement agreement to support a finding of substantial
25evidence under this Act.
26    (D) Prohibited disclosures. An employer may not disclose

 

 

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1the name of a victim of an act of alleged sexual harassment or
2unlawful discrimination in any disclosures required under this
3Section.
4    (E) Annual report. The Department shall publish an annual
5report aggregating the information reported by employers under
6subsection (B) of this Section such that no individual employer
7data is available to the public. The report shall include the
8number of adverse judgments or administrative rulings filed
9during the preceding calendar year based on each of the
10protected classes identified by this Act.
11    The report shall be filed with the General Assembly and
12made available to the public by December 31 of each reporting
13year. Data submitted by an employer to comply with this Section
14is confidential and exempt from the Freedom of Information Act.
15    (F) Failure to report and penalties. If an employer fails
16to make any disclosures required under this Section, the
17Department shall issue a notice to show cause giving the
18employer 30 days to disclose the required information. If the
19employer does not make the required disclosures within 30 days,
20the Department shall petition the Illinois Human Rights
21Commission for entry of an order imposing a civil penalty
22against the employer pursuant to Section 8-109.1. The civil
23penalty shall be paid into the Department of Human Rights'
24Training and Development Fund.
25    (G) Rules. The Department shall adopt any rules it deems
26necessary for implementation of this Section.

 

 

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1    (H) This Section is repealed on January 1, 2030.
 
2    (775 ILCS 5/2-109 new)
3    Sec. 2-109. Sexual harassment prevention training.
4    (A) The General Assembly finds that the organizational
5tolerance of sexual harassment has a detrimental influence in
6workplaces by creating a hostile environment for employees,
7reducing productivity, and increasing legal liability. It is
8the General Assembly's intent to encourage employers to adopt
9and actively implement policies to ensure their workplaces are
10safe for employees to report concerns about sexual harassment
11without fear of retaliation, loss of status, or loss of
12promotional opportunities.
13    (B) The Department shall produce a model sexual harassment
14prevention training program aimed at the prevention of sexual
15harassment in the workplace. The model program shall be made
16available to employers and to the public online at no cost.
17This model program shall include, at a minimum, the following:
18        (1) an explanation of sexual harassment consistent
19    with this Act;
20        (2) examples of conduct that constitutes unlawful
21    sexual harassment;
22        (3) a summary of relevant federal and State statutory
23    provisions concerning sexual harassment, including
24    remedies available to victims of sexual harassment; and
25        (4) a summary of responsibilities of employers in the

 

 

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1    prevention, investigation, and corrective measures of
2    sexual harassment.
3    (C) Except for those employers subject to the requirements
4of Section 5-10.5 of the State Officials and Employees Ethics
5Act, every employer with employees working in this State shall
6use the model sexual harassment prevention training program
7created by the Department or establish its own sexual
8harassment prevention training program that equals or exceeds
9the minimum standards in subsection (B). The sexual harassment
10prevention training shall be provided at least once a year to
11all employees. For the purposes of satisfying the requirements
12under this Section, the Department's model sexual harassment
13prevention training program may be used to supplement any
14existing program an employer is utilizing or develops.
15    (D) If an employer violates this Section, the Department
16shall issue a notice to show cause giving the employer 30 days
17to comply. If the employer does not comply within 30 days, the
18Department shall petition the Human Rights Commission for entry
19of an order imposing a civil penalty against the employer
20pursuant to Section 8-109.1. The civil penalty shall be paid
21into the Department of Human Rights Training and Development
22Fund.
 
23    (775 ILCS 5/2-110 new)
24    Sec. 2-110. Restaurants and bars; sexual harassment
25prevention.

 

 

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1    (A) As used in this Section:
2    "Bar" means an establishment that is devoted to the serving
3of alcoholic beverages for consumption by guests on the
4premises and that derives no more than 10% of its gross revenue
5from the sale of food consumed on the premises, including, but
6not limited to, taverns, nightclubs, cocktail lounges, adult
7entertainment facilities, and cabarets.
8    "Manager" means a person responsible for the hiring and
9firing of employees, including, but not limited to, a general
10manager, owner, head chef, or other non-tipped employee with
11duties managing the operation, inventory, safety, and
12personnel of a restaurant or bar.
13    "Restaurant" means any business that is primarily engaged
14in the sale of ready-to-eat food for immediate consumption,
15including, but not limited to, restaurants, coffee shops,
16cafeterias, and sandwich stands that give or offer for sale
17food to the public, guests, or employees, and kitchen or
18catering facilities in which food is prepared on the premises
19for serving elsewhere.
20    (B) Every restaurant and bar operating in this State must
21have a sexual harassment policy provided to all employees, in
22writing, within the first calendar week of the employee's
23employment. The policy shall include:
24        (1) a prohibition on sexual harassment;
25        (2) the definition of sexual harassment under the
26    Illinois Human Rights Act and Title VII of the Civil Rights

 

 

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1    Act of 1964;
2        (3) details on how an individual can report an
3    allegation of sexual harassment internally, including
4    options for making a confidential report to a manager,
5    owner, corporate headquarters, human resources department,
6    or other internal reporting mechanism that may be
7    available;
8        (4) an explanation of the internal complaint process
9    available to employees;
10        (5) how to contact and file a charge with the Illinois
11    Department of Human Rights and United States Equal
12    Employment Opportunity Commission;
13        (6) a prohibition on retaliation for reporting sexual
14    harassment allegations; and
15        (7) a requirement that all employees participate in
16    sexual harassment prevention training.
17    The policy shall be made available in English and Spanish.
18    (C) In addition to the model sexual harassment prevention
19training program produced by the Department in Section 2-109,
20the Department shall develop a supplemental model training
21program in consultation with industry professionals
22specifically aimed at the prevention of sexual harassment in
23the restaurant and bar industry. The supplemental model program
24shall be made available to all restaurants and bars and the
25public online at no cost. The training shall include:
26        (1) specific conduct, activities, or videos related to

 

 

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1    the restaurant or bar industry;
2        (2) an explanation of manager liability and
3    responsibility under the law; and
4        (3) English and Spanish language options.
5    (D) Every restaurant and bar that is an employer under this
6Act shall use the supplemental model training program or
7establish its own supplemental model training program that
8equals or exceeds the requirements of subsection (C). The
9supplemental training program shall be provided at least once a
10year to all employees, regardless of employment
11classification. For the purposes of satisfying the
12requirements under this Section, this supplemental training
13may be done in conjunction or at the same time as any training
14that complies with Section 2-109.
15    (E) If a restaurant or bar that is an employer under this
16Act violates this Section 2-110, the Department shall issue a
17notice to show cause giving the employer 30 days to comply. If
18the employer does not comply within 30 days, the Department
19shall petition the Human Rights Commission for entry of an
20order imposing a civil penalty against the employer pursuant to
21Section 8-109.1. The civil penalty shall be paid into the
22Department of Human Rights Training and Development Fund.
 
23    (775 ILCS 5/7-109.1)  (from Ch. 68, par. 7-109.1)
24    Sec. 7-109.1. Federal or State court proceedings.
25Administrative dismissal of charges.

 

 

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1        (1) For charges filed under Article 7A of this Act, if
2    the complainant has initiated litigation in a federal or
3    State court for the purpose of seeking final relief on some
4    or all of the issues that are the basis of the charge,
5    either party may request that the Department
6    administratively dismiss the Department's charge or
7    portions of the charge. Within 10 business days of receipt
8    of the federal or State court complaint, the Department
9    shall issue a notice of administrative dismissal and
10    provide the complainant notice of his or her right to
11    commence a civil action in the appropriate circuit court or
12    other appropriate court of competent jurisdiction. The
13    Director shall also provide the charging party notice of
14    his or her right to seek review of the notice of dismissal
15    before the Commission. Any review by the Commission of the
16    dismissal shall be filed within 30 days after receipt of
17    the Director's notice and shall be limited to the question
18    of whether the charge was properly dismissed under this
19    Section.
20        (2) For charges filed under Article 7B of this Act, if
21    the complainant has initiated litigation in a federal or
22    State court for the purpose of seeking final relief on some
23    or all of the issues that are the basis of the charge,
24    either party may request that the Department
25    administratively dismiss the charge or portions of the
26    charge pending in the federal or State court proceeding if

 

 

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1    a trial has commenced in the federal or State court
2    proceeding. Within 10 business days of receipt of notice
3    that the trial has begun, the Department shall issue a
4    notice of administrative dismissal and provide the
5    complainant notice of his or her right to commence a civil
6    action in the appropriate circuit court or other
7    appropriate court of competent jurisdiction. The Director
8    shall also provide the charging party notice of his or her
9    right to seek review of the notice of dismissal before the
10    Commission. Any review by the Commission of the dismissal
11    shall be filed within 30 days after receipt of the
12    Director's notice and shall be limited to the question of
13    whether the charge was properly dismissed under this
14    Section.
15        (3) Nothing in this Section shall preclude the
16    Department from continuing to investigate an allegation in
17    the charge that is not included in the federal or State
18    court proceeding.
19For charges filed under this Act, if the charging party has
20initiated litigation for the purpose of seeking final relief in
21a State or federal court or before an administrative law judge
22or hearing officer in an administrative proceeding before a
23local government administrative agency, and if a final decision
24on the merits in that litigation or administrative hearing
25would preclude the charging party from bringing another action
26based on the pending charge, the Department shall cease its

 

 

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1investigation and dismiss the pending charge by order of the
2Director, who shall provide the charging party notice of his or
3her right to commence a civil action in the appropriate circuit
4court or other appropriate court of competent jurisdiction. The
5Director shall also provide the charging party notice of his or
6her right to seek review of the dismissal order before the
7Commission. Any review by the Commission of the dismissal shall
8be limited to the question of whether the charge was properly
9dismissed pursuant to this Section. Nothing in this Section
10shall preclude the Department from continuing to investigate an
11allegation in a charge that is unique to this Act or otherwise
12could not have been included in the litigation or
13administrative proceeding.
14(Source: P.A. 100-1066, eff. 8-24-18.)
 
15    (775 ILCS 5/7A-102)  (from Ch. 68, par. 7A-102)
16    Sec. 7A-102. Procedures.
17    (A) Charge.
18        (1) Within 300 calendar days after the date that a
19    civil rights violation allegedly has been committed, a
20    charge in writing under oath or affirmation may be filed
21    with the Department by an aggrieved party or issued by the
22    Department itself under the signature of the Director.
23        (2) The charge shall be in such detail as to
24    substantially apprise any party properly concerned as to
25    the time, place, and facts surrounding the alleged civil

 

 

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

 

 

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

 

 

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1    the complainant, or (ii) determines that it is unable to
2    establish that illegal discrimination has occurred and
3    issues the complainant a right to sue notice, and if the
4    Department is timely notified of the EEOC's determination
5    by complainant, the Department shall notify the parties,
6    within 10 business days after receipt of the EEOC's
7    determination, that the Department will adopt the EEOC's
8    determination as a dismissal for lack of substantial
9    evidence unless the complainant requests in writing within
10    35 days after receipt of the Department's notice that the
11    Department review the EEOC's determination.
12            (a) If the complainant does not file a written
13        request with the Department to review the EEOC's
14        determination within 35 days after receipt of the
15        Department's notice, the Department shall notify
16        complainant, within 10 business days after the
17        expiration of the 35-day period, that the decision of
18        the EEOC has been adopted by the Department as a
19        dismissal for lack of substantial evidence and that the
20        complainant has the right, within 90 days after receipt
21        of the Department's notice, to commence a civil action
22        in the appropriate circuit court or other appropriate
23        court of competent jurisdiction. The Department's
24        notice to complainant that the Department has adopted
25        the EEOC's determination shall constitute the
26        Department's report for purposes of subparagraph (D)

 

 

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1        of this Section.
2            (b) If the complainant does file a written request
3        with the Department to review the EEOC's
4        determination, the Department shall review the EEOC's
5        determination and any evidence obtained by the EEOC
6        during its investigation. If, after reviewing the
7        EEOC's determination and any evidence obtained by the
8        EEOC, the Department determines there is no need for
9        further investigation of the charge, the Department
10        shall issue a report and the Director shall determine
11        whether there is substantial evidence that the alleged
12        civil rights violation has been committed pursuant to
13        subsection (D) of Section 7A-102. If, after reviewing
14        the EEOC's determination and any evidence obtained by
15        the EEOC, the Department determines there is a need for
16        further investigation of the charge, the Department
17        may conduct any further investigation it deems
18        necessary. After reviewing the EEOC's determination,
19        the evidence obtained by the EEOC, and any additional
20        investigation conducted by the Department, the
21        Department shall issue a report and the Director shall
22        determine whether there is substantial evidence that
23        the alleged civil rights violation has been committed
24        pursuant to subsection (D) of Section 7A-102 of this
25        Act.
26        (4) Pursuant to this Section, if the EEOC dismisses the

 

 

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1    charge or a portion of the charge of discrimination
2    because, under federal law, the EEOC lacks jurisdiction
3    over the charge, and if, under this Act, the Department has
4    jurisdiction over the charge of discrimination, the
5    Department shall investigate the charge or portion of the
6    charge dismissed by the EEOC for lack of jurisdiction
7    pursuant to subsections (A), (A-1), (B), (B-1), (C), (D),
8    (E), (F), (G), (H), (I), (J), and (K) of Section 7A-102 of
9    this Act.
10        (5) The time limit set out in subsection (G) of this
11    Section is tolled from the date on which the charge is
12    filed with the EEOC to the date on which the EEOC issues
13    its determination.
14        (6) The failure of the Department to meet the
15    10-business-day notification deadlines set out in
16    paragraph (2) of this subsection shall not impair the
17    rights of any party.
18    (B) Notice and Response to Charge. The Department shall,
19within 10 days of the date on which the charge was filed, serve
20a copy of the charge on the respondent and provide all parties
21with a notice of the complainant's right to opt out of the
22investigation within 60 days as set forth in subsection (C-1).
23This period shall not be construed to be jurisdictional. The
24charging party and the respondent may each file a position
25statement and other materials with the Department regarding the
26charge of alleged discrimination within 60 days of receipt of

 

 

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1the notice of the charge. The position statements and other
2materials filed shall remain confidential unless otherwise
3agreed to by the party providing the information and shall not
4be served on or made available to the other party during
5pendency of a charge with the Department. The Department may
6require the respondent to file a response to the allegations
7contained in the charge. Upon the Department's request, the
8respondent shall file a response to the charge within 60 days
9and shall serve a copy of its response on the complainant or
10his or her representative. Notwithstanding any request from the
11Department, the respondent may elect to file a response to the
12charge within 60 days of receipt of notice of the charge,
13provided the respondent serves a copy of its response on the
14complainant or his or her representative. All allegations
15contained in the charge not denied by the respondent within 60
16days of the Department's request for a response may be deemed
17admitted, unless the respondent states that it is without
18sufficient information to form a belief with respect to such
19allegation. The Department may issue a notice of default
20directed to any respondent who fails to file a response to a
21charge within 60 days of receipt of the Department's request,
22unless the respondent can demonstrate good cause as to why such
23notice should not issue. The term "good cause" shall be defined
24by rule promulgated by the Department. Within 30 days of
25receipt of the respondent's response, the complainant may file
26a reply to said response and shall serve a copy of said reply

 

 

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1on the respondent or his or her representative. A party shall
2have the right to supplement his or her response or reply at
3any time that the investigation of the charge is pending. The
4Department shall, within 10 days of the date on which the
5charge was filed, and again no later than 335 days thereafter,
6send by certified or registered mail, or electronic mail if
7elected by the party, written notice to the complainant and to
8the respondent informing the complainant of the complainant's
9rights to either file a complaint with the Human Rights
10Commission or commence a civil action in the appropriate
11circuit court under subparagraph (2) of paragraph (G) and under
12subsection (C-1), including in such notice the dates within
13which the complainant may exercise these rights. In the notice
14the Department shall notify the complainant that the charge of
15civil rights violation will be dismissed with prejudice and
16with no right to further proceed if a written complaint is not
17timely filed with the Commission or with the appropriate
18circuit court by the complainant pursuant to subparagraph (2)
19of paragraph (G) or subsection (C-1) or by the Department
20pursuant to subparagraph (1) of paragraph (G).
21    (B-1) Mediation. The complainant and respondent may agree
22to voluntarily submit the charge to mediation without waiving
23any rights that are otherwise available to either party
24pursuant to this Act and without incurring any obligation to
25accept the result of the mediation process. Nothing occurring
26in mediation shall be disclosed by the Department or admissible

 

 

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1in evidence in any subsequent proceeding unless the complainant
2and the respondent agree in writing that such disclosure be
3made.
4    (C) Investigation.
5        (1) The If the complainant does not elect to opt out of
6    an investigation pursuant to subsection (C-1), the
7    Department shall conduct an investigation sufficient to
8    determine whether the allegations set forth in the charge
9    are supported by substantial evidence unless the
10    complainant elects to opt out of an investigation pursuant
11    to subsection (C-1).
12        (2) The Director or his or her designated
13    representatives shall have authority to request any member
14    of the Commission to issue subpoenas to compel the
15    attendance of a witness or the production for examination
16    of any books, records or documents whatsoever.
17        (3) If any witness whose testimony is required for any
18    investigation resides outside the State, or through
19    illness or any other good cause as determined by the
20    Director is unable to be interviewed by the investigator or
21    appear at a fact finding conference, his or her testimony
22    or deposition may be taken, within or without the State, in
23    the same manner as is provided for in the taking of
24    depositions in civil cases in circuit courts.
25        (4) Upon reasonable notice to the complainant and the
26    respondent, the Department shall conduct a fact finding

 

 

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1    conference, unless prior to 365 days after the date on
2    which the charge was filed the Director has determined
3    whether there is substantial evidence that the alleged
4    civil rights violation has been committed, the charge has
5    been dismissed for lack of jurisdiction, or the parties
6    voluntarily and in writing agree to waive the fact finding
7    conference. Any party's failure to attend the conference
8    without good cause shall result in dismissal or default.
9    The term "good cause" shall be defined by rule promulgated
10    by the Department. A notice of dismissal or default shall
11    be issued by the Director. The notice of default issued by
12    the Director shall notify the respondent that a request for
13    review may be filed in writing with the Commission within
14    30 days of receipt of notice of default. The notice of
15    dismissal issued by the Director shall give the complainant
16    notice of his or her right to seek review of the dismissal
17    before the Human Rights Commission or commence a civil
18    action in the appropriate circuit court. If the complainant
19    chooses to have the Human Rights Commission review the
20    dismissal order, he or she shall file a request for review
21    with the Commission within 90 days after receipt of the
22    Director's notice. If the complainant chooses to file a
23    request for review with the Commission, he or she may not
24    later commence a civil action in a circuit court. If the
25    complainant chooses to commence a civil action in a circuit
26    court, he or she must do so within 90 days after receipt of

 

 

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1    the Director's notice.
2    (C-1) Opt out of Department's investigation. At any time
3within 60 days after receipt of notice of the right to opt out,
4a complainant may submit a written request seeking notice from
5the Director indicating that the complainant has opted out of
6the investigation and may commence a civil action in the
7appropriate circuit court or other appropriate court of
8competent jurisdiction. Within The Department shall respond to
9a complainant's opt-out request within 10 business days of
10receipt of the complainant's request to opt out of the
11investigation, the Director shall issue a notice to the parties
12stating that: (i) the complainant has exercised the right to
13opt out of the investigation; (ii) the complainant has 90 days
14after receipt of the Director's notice to commence an action in
15the appropriate circuit court or other appropriate court of
16competent jurisdiction; and (iii) the Department has ceased its
17investigation and is administratively closing the charge by
18issuing the complainant a notice of the right to commence an
19action in circuit court. The Department shall also notify the
20respondent that the complainant has elected to opt out of the
21administrative process within 10 business days of receipt of
22the complainant's request. If the complainant chooses to
23commence an action in a circuit court under this subsection, he
24or she must do so within 90 days after receipt of the
25Director's notice of the right to commence an action in circuit
26court. The complainant shall notify the Department and the

 

 

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1respondent that a complaint has been filed with the appropriate
2circuit court or other appropriate court of competent
3jurisdiction and shall mail a copy of the complaint to the
4Department and the respondent on the same date that the
5complaint is filed with the appropriate circuit court. Upon
6receipt of notice that the complainant has filed an action with
7the appropriate circuit court, the Department shall
8immediately cease its investigation and dismiss the charge of
9civil rights violation. Once a complainant has opted out of the
10investigation commenced an action in circuit court under this
11subsection, he or she may not file or refile a substantially
12similar charge with the Department arising from the same
13incident of unlawful discrimination or harassment.
14    (D) Report.
15        (1) Each charge investigated under subsection (C)
16    shall be the subject of a report to the Director. The
17    report shall be a confidential document subject to review
18    by the Director, authorized Department employees, the
19    parties, and, where indicated by this Act, members of the
20    Commission or their designated hearing officers.
21        (2) Upon review of the report, the Director shall
22    determine whether there is substantial evidence that the
23    alleged civil rights violation has been committed. The
24    determination of substantial evidence is limited to
25    determining the need for further consideration of the
26    charge pursuant to this Act and includes, but is not

 

 

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1    limited to, findings of fact and conclusions, as well as
2    the reasons for the determinations on all material issues.
3    Substantial evidence is evidence which a reasonable mind
4    accepts as sufficient to support a particular conclusion
5    and which consists of more than a mere scintilla but may be
6    somewhat less than a preponderance.
7        (3) If the Director determines that there is no
8    substantial evidence, the charge shall be dismissed by
9    order of the Director and the Director shall give the
10    complainant notice of his or her right to seek review of
11    the dismissal order before the Commission or commence a
12    civil action in the appropriate circuit court. If the
13    complainant chooses to have the Human Rights Commission
14    review the dismissal order, he or she shall file a request
15    for review with the Commission within 90 days after receipt
16    of the Director's notice. If the complainant chooses to
17    file a request for review with the Commission, he or she
18    may not later commence a civil action in a circuit court.
19    If the complainant chooses to commence a civil action in a
20    circuit court, he or she must do so within 90 days after
21    receipt of the Director's notice.
22        (4) If the Director determines that there is
23    substantial evidence, he or she shall notify the
24    complainant and respondent of that determination. The
25    Director shall also notify the parties that the complainant
26    has the right to either commence a civil action in the

 

 

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1    appropriate circuit court or request that the Department of
2    Human Rights file a complaint with the Human Rights
3    Commission on his or her behalf. Any such complaint shall
4    be filed within 90 days after receipt of the Director's
5    notice. If the complainant chooses to have the Department
6    file a complaint with the Human Rights Commission on his or
7    her behalf, the complainant must, within 30 days after
8    receipt of the Director's notice, request in writing that
9    the Department file the complaint. If the complainant
10    timely requests that the Department file the complaint, the
11    Department shall file the complaint on his or her behalf.
12    If the complainant fails to timely request that the
13    Department file the complaint, the complainant may file his
14    or her complaint with the Commission or commence a civil
15    action in the appropriate circuit court. If the complainant
16    files a complaint with the Human Rights Commission, the
17    complainant shall give notice to the Department of the
18    filing of the complaint with the Human Rights Commission.
19    (E) Conciliation.
20         (1) When there is a finding of substantial evidence,
21    the Department may designate a Department employee who is
22    an attorney licensed to practice in Illinois to endeavor to
23    eliminate the effect of the alleged civil rights violation
24    and to prevent its repetition by means of conference and
25    conciliation.
26        (2) When the Department determines that a formal

 

 

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1    conciliation conference is necessary, the complainant and
2    respondent shall be notified of the time and place of the
3    conference by registered or certified mail at least 10 days
4    prior thereto and either or both parties shall appear at
5    the conference in person or by attorney.
6        (3) The place fixed for the conference shall be within
7    35 miles of the place where the civil rights violation is
8    alleged to have been committed.
9        (4) Nothing occurring at the conference shall be
10    disclosed by the Department unless the complainant and
11    respondent agree in writing that such disclosure be made.
12        (5) The Department's efforts to conciliate the matter
13    shall not stay or extend the time for filing the complaint
14    with the Commission or the circuit court.
15    (F) Complaint.
16        (1) When the complainant requests that the Department
17    file a complaint with the Commission on his or her behalf,
18    the Department shall prepare a written complaint, under
19    oath or affirmation, stating the nature of the civil rights
20    violation substantially as alleged in the charge
21    previously filed and the relief sought on behalf of the
22    aggrieved party. The Department shall file the complaint
23    with the Commission.
24        (2) If the complainant chooses to commence a civil
25    action in a circuit court, he or she must do so in the
26    circuit court in the county wherein the civil rights

 

 

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

 

 

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1    he or she may not later commence a civil action in circuit
2    court.
3        (3) If an aggrieved party files a complaint with the
4    Human Rights Commission or commences a civil action in
5    circuit court pursuant to paragraph (2) of this subsection,
6    or if the time period for filing a complaint has expired,
7    the Department shall immediately cease its investigation
8    and dismiss the charge of civil rights violation. Any final
9    order entered by the Commission under this Section is
10    appealable in accordance with paragraph (B)(1) of Section
11    8-111. Failure to immediately cease an investigation and
12    dismiss the charge of civil rights violation as provided in
13    this paragraph (3) constitutes grounds for entry of an
14    order by the circuit court permanently enjoining the
15    investigation. The Department may also be liable for any
16    costs and other damages incurred by the respondent as a
17    result of the action of the Department.
18        (4) (Blank).
19    (H) This amendatory Act of 1995 applies to causes of action
20filed on or after January 1, 1996.
21    (I) This amendatory Act of 1996 applies to causes of action
22filed on or after January 1, 1996.
23    (J) The changes made to this Section by Public Act 95-243
24apply to charges filed on or after the effective date of those
25changes.
26    (K) The changes made to this Section by this amendatory Act

 

 

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1of the 96th General Assembly apply to charges filed on or after
2the effective date of those changes.
3    (L) The changes made to this Section by this amendatory Act
4of the 100th General Assembly apply to charges filed on or
5after the effective date of this amendatory Act of the 100th
6General Assembly.
7(Source: P.A. 100-492, eff. 9-8-17; 100-588, eff. 6-8-18;
8100-1066, eff. 8-24-18.)
 
9    (775 ILCS 5/8-109)  (from Ch. 68, par. 8-109)
10    Sec. 8-109. Specific Penalties; Public Contracts;
11Licensees; Public Officials. In addition to the penalties and
12forms of relief set forth in Section 8A-104 8-108, a hearing
13officer may recommend and the Commission or any three member
14panel thereof may:
15    (A) Public Contracts. In the case of a respondent who
16commits a civil rights violation while holding a public
17contract, where the practice was authorized, requested,
18commanded, performed, or knowingly permitted by the board of
19directors of the respondent or by an officer or executive agent
20acting within the scope of his employment, order: (1)
21termination of the contract; (2) debarment of the respondent
22from participating in public contracts for a period not to
23exceed three years; (3) imposition of a penalty to be paid to
24the State Treasurer not to exceed any profit acquired as a
25direct result of a civil rights violation; or (4) any

 

 

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1combination of these penalties.
2    (B) Licensees. In the case of a respondent, operating by
3virtue of a license issued by the State, a political
4subdivision, or any agency thereof, who commits a civil rights
5violation, recommend to the appropriate licensing authority
6that the respondent's license be suspended or revoked.
7    (C) Public Officials. In the case of a respondent who is a
8public official who violates paragraph (C) of Section 5-102,
9recommend to the department or agency in which the official is
10employed that such disciplinary or discharge proceedings as the
11Commission deems appropriate be employed.
12(Source: P.A. 81-1267.)
 
13    (775 ILCS 5/8-109.1 new)
14    Sec. 8-109.1. Civil penalties; failure to report; failure
15to train.
16    (A) A hearing officer may recommend the Commission or any
173-member panel thereof may:
18        (1) Failure to report. In the case of an employer who
19    fails to make any disclosures required under Section 2-108
20    within 30 days of the Department's notice to show cause, or
21    as otherwise extended by the Department, order that a civil
22    penalty be imposed pursuant to subsection (B).
23        (2) Failure to train. In the case of an employer who
24    fails to comply with the sexual harassment prevention
25    training requirements under Section 2-109 or 2-110 within

 

 

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1    30 days of the Department's notice to show cause, or as
2    otherwise extended by the Department, order that a civil
3    penalty be imposed pursuant to subsection (B).
4    (B) An employer who violates Section 2-108, 2-109, or 2-110
5is subject to a civil penalty as follows:
6        (1) For an employer with fewer than 4 employees: a
7    penalty not to exceed $500 for a first offense; a penalty
8    not to exceed $1,000 for a second offense; a penalty not to
9    exceed $3,000 for a third or subsequent offense.
10        (2) For an employer with 4 or more employees: a penalty
11    not to exceed $1,000 for a first offense; a penalty not to
12    exceed $3,000 for a second offense; a penalty not to exceed
13    $5,000 for a third or subsequent offense.
14    (C) The appropriateness of the penalty to the size of the
15employer charged, the good faith efforts made by the employer
16to comply, and the gravity of the violation shall be considered
17in determining the amount of the civil penalty.
 
18
Article 3.

 
19    Section 3-1. Short title. This Article may be cited as the
20Sexual Harassment Victim Representation Act. References in
21this Article to "this Act" mean this Article.
 
22    Section 3-5. Definitions. In this Act:
23    "Perpetrator" means an individual who commits or is alleged

 

 

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1to have committed an act or threat of sexual harassment.
2    "Sexual harassment" means any unwelcome sexual advances or
3requests for sexual favors or any conduct of a sexual nature
4when: (i) submission to such conduct is made either explicitly
5or implicitly a term or condition of an individual's
6employment; (ii) submission to or rejection of such conduct by
7an individual is used as the basis for employment decisions
8affecting such individual; or (iii) such conduct has the
9purpose or effect of substantially interfering with an
10individual's work performance or creating an intimidating,
11hostile, or offensive working environment.
12    "Union" means any organization defined as a "labor
13organization" under Section 2 of the National Labor Relations
14Act (29 U.S.C. 152).
15    "Union representative" means a person designated by a union
16to represent a member of the union in any disciplinary
17proceeding.
18    "Victim" means a victim of sexual harassment.
 
19    Section 3-10. Dual representation prohibited.
20    (a) In any proceeding in which a victim who is a member of
21a union has accused a perpetrator who is a member of the same
22union, the victim and the perpetrator may not be represented in
23the proceeding by the same union representative.
24    (b) The union must designate separate union
25representatives to represent the parties to the proceeding.
 

 

 

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1    Section 3-15. Severability. The provisions of this Act are
2severable under Section 1.31 of the Statute on Statutes.
 
3
Article 4.

 
4    Section 4-5. The Victims' Economic Security and Safety Act
5is amended by changing Sections 5, 10, 15, 20, 25, 30, and 45
6as follows:
 
7    (820 ILCS 180/5)
8    Sec. 5. Findings. The General Assembly finds and declares
9the following:
10        (1) Domestic, and sexual, and gender violence affects
11    many persons without regard to age, race, educational
12    level, socioeconomic status, religion, or occupation.
13        (2) Domestic, and sexual, and gender violence has a
14    devastating effect on individuals, families, communities
15    and the workplace.
16        (3) Domestic violence crimes account for approximately
17    15% of total crime costs in the United States each year.
18        (4) Violence against women has been reported to be the
19    leading cause of physical injury to women. Such violence
20    has a devastating impact on women's physical and emotional
21    health and financial security.
22        (5) According to recent government surveys, from 1993

 

 

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1    through 1998 the average annual number of violent
2    victimizations committed by intimate partners was
3    1,082,110, 87% of which were committed against women.
4        (6) Female murder victims were substantially more
5    likely than male murder victims to have been killed by an
6    intimate partner. About one-third of female murder
7    victims, and about 4% of male murder victims, were killed
8    by an intimate partner.
9        (7) According to recent government estimates,
10    approximately 987,400 rapes occur annually in the United
11    States, 89% of the rapes are perpetrated against female
12    victims.
13        (8) Approximately 10,200,000 people have been stalked
14    at some time in their lives. Four out of every 5 stalking
15    victims are women. Stalkers harass and terrorize their
16    victims by spying on the victims, standing outside their
17    places of work or homes, making unwanted phone calls,
18    sending or leaving unwanted letters or items, or
19    vandalizing property.
20        (9) Employees in the United States who have been
21    victims of domestic violence, dating violence, sexual
22    assault, or stalking too often suffer adverse consequences
23    in the workplace as a result of their victimization.
24        (10) Victims of domestic violence, dating violence,
25    sexual assault, and stalking face the threat of job loss
26    and loss of health insurance as a result of the illegal

 

 

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1    acts of the perpetrators of violence.
2        (11) The prevalence of domestic violence, dating
3    violence, sexual assault, stalking, and other violence
4    against women at work is dramatic. Approximately 11% of all
5    rapes occur in the workplace. About 50,500 individuals, 83%
6    of whom are women, were raped or sexually assaulted in the
7    workplace each year from 1992 through 1996. Half of all
8    female victims of violent workplace crimes know their
9    attackers. Nearly one out of 10 violent workplace incidents
10    is committed by partners or spouses.
11        (12) Homicide is the leading cause of death for women
12    on the job. Husbands, boyfriends, and ex-partners commit
13    15% of workplace homicides against women.
14        (13) Studies indicate that as much as 74% of employed
15    battered women surveyed were harassed at work by their
16    abusive partners.
17        (14) According to a 1998 report of the U.S. General
18    Accounting Office, between one-fourth and one-half of
19    domestic violence victims surveyed in 3 studies reported
20    that the victims lost a job due, at least in part, to
21    domestic violence.
22        (15) Women who have experienced domestic violence or
23    dating violence are more likely than other women to be
24    unemployed, to suffer from health problems that can affect
25    employability and job performance, to report lower
26    personal income, and to rely on welfare.

 

 

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1        (16) Abusers frequently seek to control their partners
2    by actively interfering with their ability to work,
3    including preventing their partners from going to work,
4    harassing their partners at work, limiting the access of
5    their partners to cash or transportation, and sabotaging
6    the child care arrangements of their partners.
7        (17) More than one-half of women receiving welfare have
8    been victims of domestic violence as adults and between
9    one-fourth and one-third reported being abused in the last
10    year.
11        (18) Sexual assault, whether occurring in or out of the
12    workplace, can impair an employee's work performance,
13    require time away from work, and undermine the employee's
14    ability to maintain a job. Almost 50% of sexual assault
15    survivors lose their jobs or are forced to quit in the
16    aftermath of the assaults.
17        (19) More than one-fourth of stalking victims report
18    losing time from work due to the stalking and 7% never
19    return to work.
20        (20) (A) According to the National Institute of
21    Justice, crime costs an estimated $450,000,000,000
22    annually in medical expenses, lost earnings, social
23    service costs, pain, suffering, and reduced quality of life
24    for victims, which harms the Nation's productivity and
25    drains the Nation's resources. (B) Violent crime accounts
26    for $426,000,000,000 per year of this amount. (C) Rape

 

 

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1    exacts the highest costs per victim of any criminal
2    offense, and accounts for $127,000,000,000 per year of the
3    amount described in subparagraph (A).
4        (21) The Bureau of National Affairs has estimated that
5    domestic violence costs United States employers between
6    $3,000,000,000 and $5,000,000,000 annually in lost time
7    and productivity. Other reports have estimated that
8    domestic violence costs United States employers
9    $13,000,000,000 annually.
10        (22) United States medical costs for domestic violence
11    have been estimated to be $31,000,000,000 per year.
12        (23) Ninety-four percent of corporate security and
13    safety directors at companies nationwide rank domestic
14    violence as a high security concern.
15        (24) Forty-nine percent of senior executives recently
16    surveyed said domestic violence has a harmful effect on
17    their company's productivity, 47% said domestic violence
18    negatively affects attendance, and 44% said domestic
19    violence increases health care costs.
20        (25) Employees, including individuals participating in
21    welfare to work programs, may need to take time during
22    business hours to:
23            (A) obtain orders of protection or civil no contact
24        orders;
25            (B) seek medical or legal assistance, counseling,
26        or other services; or

 

 

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1            (C) look for housing in order to escape from
2        domestic or sexual violence.
3(Source: P.A. 96-635, eff. 8-24-09.)
 
4    (820 ILCS 180/10)
5    Sec. 10. Definitions. In this Act, except as otherwise
6expressly provided:
7        (1) "Commerce" includes trade, traffic, commerce,
8    transportation, or communication; and "industry or
9    activity affecting commerce" means any activity, business,
10    or industry in commerce or in which a labor dispute would
11    hinder or obstruct commerce or the free flow of commerce,
12    and includes "commerce" and any "industry affecting
13    commerce".
14        (2) "Course of conduct" means a course of repeatedly
15    maintaining a visual or physical proximity to a person or
16    conveying oral or written threats, including threats
17    conveyed through electronic communications, or threats
18    implied by conduct.
19        (3) "Department" means the Department of Labor.
20        (4) "Director" means the Director of Labor.
21        (5) "Domestic violence, sexual violence, or gender
22    violence or sexual violence" means domestic violence,
23    sexual assault, gender violence, or stalking.
24        (6) "Domestic violence" means abuse, as defined in
25    Section 103 of the Illinois Domestic Violence Act of 1986,

 

 

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1    by a family or household member, as defined in Section 103
2    of the Illinois Domestic Violence Act of 1986.
3        (7) "Electronic communications" includes
4    communications via telephone, mobile phone, computer,
5    e-mail, video recorder, fax machine, telex, or pager,
6    online platform (including, but not limited to, any
7    public-facing website, web application, digital
8    application, or social network), or any other electronic
9    communication, as defined in Section 12-7.5 of the Criminal
10    Code of 2012.
11        (8) "Employ" includes to suffer or permit to work.
12        (9) Employee.
13            (A) In general. "Employee" means any person
14        employed by an employer.
15            (B) Basis. "Employee" includes a person employed
16        as described in subparagraph (A) on a full or part-time
17        basis, or as a participant in a work assignment as a
18        condition of receipt of federal or State income-based
19        public assistance.
20        (10) "Employer" means any of the following: (A) the
21    State or any agency of the State; (B) any unit of local
22    government or school district; or (C) any person that
23    employs at least one employee.
24        (11) "Employment benefits" means all benefits provided
25    or made available to employees by an employer, including
26    group life insurance, health insurance, disability

 

 

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1    insurance, sick leave, annual leave, educational benefits,
2    pensions, and profit-sharing, regardless of whether such
3    benefits are provided by a practice or written policy of an
4    employer or through an "employee benefit plan". "Employee
5    benefit plan" or "plan" means an employee welfare benefit
6    plan or an employee pension benefit plan or a plan which is
7    both an employee welfare benefit plan and an employee
8    pension benefit plan.
9        (12) "Family or household member", for employees with a
10    family or household member who is a victim of domestic
11    violence, sexual violence, or gender violence, or sexual
12    violence, means a spouse, parent, son, daughter, other
13    person related by blood or by present or prior marriage,
14    other person who shares a relationship through a son or
15    daughter, and persons jointly residing in the same
16    household.
17    (12.5) "Gender violence" means:
18        (A) one or more acts of violence or aggression
19    satisfying the elements of any criminal offense under the
20    laws of this State that are committed, at least in part, on
21    the basis of a person's actual or perceived sex or gender,
22    regardless of whether the acts resulted in criminal
23    charges, prosecution, or conviction;
24        (B) a physical intrusion or physical invasion of a
25    sexual nature under coercive conditions satisfying the
26    elements of any criminal offense under the laws of this

 

 

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1    State, regardless of whether the intrusion or invasion
2    resulted in criminal charges, prosecution, or conviction;
3    or
4        (C) a threat of an act described in item (A) or (B)
5    causing a realistic apprehension that the originator of the
6    threat will commit the act.
7        (13) "Parent" means the biological parent of an
8    employee or an individual who stood in loco parentis to an
9    employee when the employee was a son or daughter. "Son or
10    daughter" means a biological, adopted, or foster child, a
11    stepchild, a legal ward, or a child of a person standing in
12    loco parentis, who is under 18 years of age, or is 18 years
13    of age or older and incapable of self-care because of a
14    mental or physical disability.
15        (14) "Perpetrator" means an individual who commits or
16    is alleged to have committed any act or threat of domestic
17    violence, sexual violence, or gender violence or sexual
18    violence.
19        (15) "Person" means an individual, partnership,
20    association, corporation, business trust, legal
21    representative, or any organized group of persons.
22        (16) "Public agency" means the Government of the State
23    or political subdivision thereof; any agency of the State,
24    or of a political subdivision of the State; or any
25    governmental agency.
26        (17) "Public assistance" includes cash, food stamps,

 

 

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1    medical assistance, housing assistance, and other benefits
2    provided on the basis of income by a public agency or
3    public employer.
4        (18) "Reduced work schedule" means a work schedule that
5    reduces the usual number of hours per workweek, or hours
6    per workday, of an employee.
7        (19) "Repeatedly" means on 2 or more occasions.
8        (20) "Sexual assault" means any conduct proscribed by:
9    (i) Article 11 of the Criminal Code of 2012 except Sections
10    11-35 and 11-45; (ii) Sections 12-13, 12-14, 12-14.1,
11    12-15, and 12-16 of the Criminal Code of 2012; or (iii) a
12    similar provision of the Criminal Code of 1961 the Criminal
13    Code of 1961 or the Criminal Code of 2012 in Sections
14    11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14,
15    12-14.1, 12-15, and 12-16.
16        (21) "Stalking" means any conduct proscribed by the
17    Criminal Code of 1961 or the Criminal Code of 2012 in
18    Sections 12-7.3, 12-7.4, and 12-7.5.
19        (22) "Victim" or "survivor" means an individual who has
20    been subjected to domestic violence, sexual violence, or
21    gender violence or sexual violence.
22        (23) "Victim services organization" means a nonprofit,
23    nongovernmental organization that provides assistance to
24    victims of domestic violence, sexual violence, or gender
25    violence or sexual violence or to advocates for such
26    victims, including a rape crisis center, an organization

 

 

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1    carrying out a domestic violence program, an organization
2    operating a shelter or providing counseling services, or a
3    legal services organization or other organization
4    providing assistance through the legal process.
5(Source: P.A. 99-765, eff. 1-1-17.)
 
6    (820 ILCS 180/15)
7    Sec. 15. Purposes. The purposes of this Act are:
8        (1) to promote the State's interest in reducing
9    domestic violence, dating violence, sexual assault, gender
10    violence, and stalking by enabling victims of domestic
11    violence, sexual violence, or gender violence or sexual
12    violence to maintain the financial independence necessary
13    to leave abusive situations, achieve safety, and minimize
14    the physical and emotional injuries from domestic
15    violence, sexual violence, or gender violence or sexual
16    violence, and to reduce the devastating economic
17    consequences of domestic violence, sexual violence, or
18    gender violence or sexual violence to employers and
19    employees;
20        (2) to address the failure of existing laws to protect
21    the employment rights of employees who are victims of
22    domestic violence, sexual violence, or gender violence or
23    sexual violence and employees with a family or household
24    member who is a victim of domestic violence, sexual
25    violence, or gender violence or sexual violence, by

 

 

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1    protecting the civil and economic rights of those
2    employees, and by furthering the equal opportunity of women
3    for economic self-sufficiency and employment free from
4    discrimination;
5        (3) to accomplish the purposes described in paragraphs
6    (1) and (2) by (A) entitling employed victims of domestic
7    violence, sexual violence, or gender violence or sexual
8    violence and employees with a family or household member
9    who is a victim of domestic violence, sexual violence, or
10    gender violence or sexual violence to take unpaid leave to
11    seek medical help, legal assistance, counseling, safety
12    planning, and other assistance without penalty from their
13    employers for the employee or the family or household
14    member who is a victim; and (B) prohibiting employers from
15    discriminating against any employee who is a victim of
16    domestic violence, sexual violence, or gender violence or
17    sexual violence or any employee who has a family or
18    household member who is a victim of domestic violence,
19    sexual violence, or gender violence or sexual violence, in
20    a manner that accommodates the legitimate interests of
21    employers and protects the safety of all persons in the
22    workplace.
23(Source: P.A. 96-635, eff. 8-24-09.)
 
24    (820 ILCS 180/20)
25    Sec. 20. Entitlement to leave due to domestic violence,

 

 

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1sexual violence, or gender violence or sexual violence.
2    (a) Leave requirement.
3        (1) Basis. An employee who is a victim of domestic
4    violence, sexual violence, or gender violence or sexual
5    violence or an employee who has a family or household
6    member who is a victim of domestic violence, sexual
7    violence, or gender violence or sexual violence whose
8    interests are not adverse to the employee as it relates to
9    the domestic violence, sexual violence, or gender violence
10    or sexual violence may take unpaid leave from work if the
11    employee or employee's family or household member is
12    experiencing an incident of domestic violence, sexual
13    violence, or gender violence or sexual violence or to
14    address domestic violence, sexual violence, or gender
15    violence or sexual violence by:
16            (A) seeking medical attention for, or recovering
17        from, physical or psychological injuries caused by
18        domestic violence, sexual violence, or gender violence
19        or sexual violence to the employee or the employee's
20        family or household member;
21            (B) obtaining services from a victim services
22        organization for the employee or the employee's family
23        or household member;
24            (C) obtaining psychological or other counseling
25        for the employee or the employee's family or household
26        member;

 

 

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1            (D) participating in safety planning, temporarily
2        or permanently relocating, or taking other actions to
3        increase the safety of the employee or the employee's
4        family or household member from future domestic
5        violence, sexual violence, or gender violence or
6        sexual violence or ensure economic security; or
7            (E) seeking legal assistance or remedies to ensure
8        the health and safety of the employee or the employee's
9        family or household member, including preparing for or
10        participating in any civil or criminal legal
11        proceeding related to or derived from domestic
12        violence, sexual violence, or gender violence or
13        sexual violence.
14        (2) Period. Subject to subsection (c), an employee
15    working for an employer that employs at least 50 employees
16    shall be entitled to a total of 12 workweeks of leave
17    during any 12-month period. Subject to subsection (c), an
18    employee working for an employer that employs at least 15
19    but not more than 49 employees shall be entitled to a total
20    of 8 workweeks of leave during any 12-month period. Subject
21    to subsection (c), an employee working for an employer that
22    employs at least one but not more than 14 employees shall
23    be entitled to a total of 4 workweeks of leave during any
24    12-month period. The total number of workweeks to which an
25    employee is entitled shall not decrease during the relevant
26    12-month period. This Act does not create a right for an

 

 

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1    employee to take unpaid leave that exceeds the unpaid leave
2    time allowed under, or is in addition to the unpaid leave
3    time permitted by, the federal Family and Medical Leave Act
4    of 1993 (29 U.S.C. 2601 et seq.).
5        (3) Schedule. Leave described in paragraph (1) may be
6    taken intermittently or on a reduced work schedule.
7    (b) Notice. The employee shall provide the employer with at
8least 48 hours' advance notice of the employee's intention to
9take the leave, unless providing such notice is not
10practicable. When an unscheduled absence occurs, the employer
11may not take any action against the employee if the employee,
12upon request of the employer and within a reasonable period
13after the absence, provides certification under subsection
14(c).
15    (c) Certification.
16        (1) In general. The employer may require the employee
17    to provide certification to the employer that:
18            (A) the employee or the employee's family or
19        household member is a victim of domestic violence,
20        sexual violence, or gender violence or sexual
21        violence; and
22            (B) the leave is for one of the purposes enumerated
23        in paragraph (a)(1).
24        The employee shall provide such certification to the
25    employer within a reasonable period after the employer
26    requests certification.

 

 

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1        (2) Contents. An employee may satisfy the
2    certification requirement of paragraph (1) by providing to
3    the employer a sworn statement of the employee, and upon
4    obtaining such documents the employee shall provide:
5            (A) documentation from an employee, agent, or
6        volunteer of a victim services organization, an
7        attorney, a member of the clergy, or a medical or other
8        professional from whom the employee or the employee's
9        family or household member has sought assistance in
10        addressing domestic violence, sexual violence, or
11        gender violence or sexual violence and the effects of
12        the violence;
13            (B) a police or court record; or
14            (C) other corroborating evidence.
15    (d) Confidentiality. All information provided to the
16employer pursuant to subsection (b) or (c), including a
17statement of the employee or any other documentation, record,
18or corroborating evidence, and the fact that the employee has
19requested or obtained leave pursuant to this Section, shall be
20retained in the strictest confidence by the employer, except to
21the extent that disclosure is:
22        (1) requested or consented to in writing by the
23    employee; or
24        (2) otherwise required by applicable federal or State
25    law.
26    (e) Employment and benefits.

 

 

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1        (1) Restoration to position.
2            (A) In general. Any employee who takes leave under
3        this Section for the intended purpose of the leave
4        shall be entitled, on return from such leave:
5                (i) to be restored by the employer to the
6            position of employment held by the employee when
7            the leave commenced; or
8                (ii) to be restored to an equivalent position
9            with equivalent employment benefits, pay, and
10            other terms and conditions of employment.
11            (B) Loss of benefits. The taking of leave under
12        this Section shall not result in the loss of any
13        employment benefit accrued prior to the date on which
14        the leave commenced.
15            (C) Limitations. Nothing in this subsection shall
16        be construed to entitle any restored employee to:
17                (i) the accrual of any seniority or employment
18            benefits during any period of leave; or
19                (ii) any right, benefit, or position of
20            employment other than any right, benefit, or
21            position to which the employee would have been
22            entitled had the employee not taken the leave.
23            (D) Construction. Nothing in this paragraph shall
24        be construed to prohibit an employer from requiring an
25        employee on leave under this Section to report
26        periodically to the employer on the status and

 

 

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1        intention of the employee to return to work.
2        (2) Maintenance of health benefits.
3            (A) Coverage. Except as provided in subparagraph
4        (B), during any period that an employee takes leave
5        under this Section, the employer shall maintain
6        coverage for the employee and any family or household
7        member under any group health plan for the duration of
8        such leave at the level and under the conditions
9        coverage would have been provided if the employee had
10        continued in employment continuously for the duration
11        of such leave.
12            (B) Failure to return from leave. The employer may
13        recover the premium that the employer paid for
14        maintaining coverage for the employee and the
15        employee's family or household member under such group
16        health plan during any period of leave under this
17        Section if:
18                (i) the employee fails to return from leave
19            under this Section after the period of leave to
20            which the employee is entitled has expired; and
21                (ii) the employee fails to return to work for a
22            reason other than:
23                    (I) the continuation, recurrence, or onset
24                of domestic violence, sexual violence, or
25                gender violence or sexual violence that
26                entitles the employee to leave pursuant to this

 

 

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1                Section; or
2                    (II) other circumstances beyond the
3                control of the employee.
4            (C) Certification.
5                (i) Issuance. An employer may require an
6            employee who claims that the employee is unable to
7            return to work because of a reason described in
8            subclause (I) or (II) of subparagraph (B)(ii) to
9            provide, within a reasonable period after making
10            the claim, certification to the employer that the
11            employee is unable to return to work because of
12            that reason.
13                (ii) Contents. An employee may satisfy the
14            certification requirement of clause (i) by
15            providing to the employer:
16                    (I) a sworn statement of the employee;
17                    (II) documentation from an employee,
18                agent, or volunteer of a victim services
19                organization, an attorney, a member of the
20                clergy, or a medical or other professional from
21                whom the employee has sought assistance in
22                addressing domestic violence, sexual violence,
23                or gender violence or sexual violence and the
24                effects of that violence;
25                    (III) a police or court record; or
26                    (IV) other corroborating evidence.

 

 

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1            (D) Confidentiality. All information provided to
2        the employer pursuant to subparagraph (C), including a
3        statement of the employee or any other documentation,
4        record, or corroborating evidence, and the fact that
5        the employee is not returning to work because of a
6        reason described in subclause (I) or (II) of
7        subparagraph (B)(ii) shall be retained in the
8        strictest confidence by the employer, except to the
9        extent that disclosure is:
10                (i) requested or consented to in writing by the
11            employee; or
12                (ii) otherwise required by applicable federal
13            or State law.
14    (f) Prohibited acts.
15        (1) Interference with rights.
16            (A) Exercise of rights. It shall be unlawful for
17        any employer to interfere with, restrain, or deny the
18        exercise of or the attempt to exercise any right
19        provided under this Section.
20            (B) Employer discrimination. It shall be unlawful
21        for any employer to discharge or harass any individual,
22        or otherwise discriminate against any individual with
23        respect to compensation, terms, conditions, or
24        privileges of employment of the individual (including
25        retaliation in any form or manner) because the
26        individual:

 

 

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1                (i) exercised any right provided under this
2            Section; or
3                (ii) opposed any practice made unlawful by
4            this Section.
5            (C) Public agency sanctions. It shall be unlawful
6        for any public agency to deny, reduce, or terminate the
7        benefits of, otherwise sanction, or harass any
8        individual, or otherwise discriminate against any
9        individual with respect to the amount, terms, or
10        conditions of public assistance of the individual
11        (including retaliation in any form or manner) because
12        the individual:
13                (i) exercised any right provided under this
14            Section; or
15                (ii) opposed any practice made unlawful by
16            this Section.
17        (2) Interference with proceedings or inquiries. It
18    shall be unlawful for any person to discharge or in any
19    other manner discriminate (as described in subparagraph
20    (B) or (C) of paragraph (1)) against any individual because
21    such individual:
22            (A) has filed any charge, or has instituted or
23        caused to be instituted any proceeding, under or
24        related to this Section;
25            (B) has given, or is about to give, any information
26        in connection with any inquiry or proceeding relating

 

 

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1        to any right provided under this Section; or
2            (C) has testified, or is about to testify, in any
3        inquiry or proceeding relating to any right provided
4        under this Section.
5(Source: P.A. 99-765, eff. 1-1-17.)
 
6    (820 ILCS 180/25)
7    Sec. 25. Existing leave usable for addressing domestic
8violence, sexual violence, or gender violence or sexual
9violence. An employee who is entitled to take paid or unpaid
10leave (including family, medical, sick, annual, personal, or
11similar leave) from employment, pursuant to federal, State, or
12local law, a collective bargaining agreement, or an employment
13benefits program or plan, may elect to substitute any period of
14such leave for an equivalent period of leave provided under
15Section 20. The employer may not require the employee to
16substitute available paid or unpaid leave for leave provided
17under Section 20.
18(Source: P.A. 96-635, eff. 8-24-09.)
 
19    (820 ILCS 180/30)
20    Sec. 30. Victims' employment sustainability; prohibited
21discriminatory acts.
22    (a) An employer shall not fail to hire, refuse to hire,
23discharge, constructively discharge, or harass any individual,
24otherwise discriminate against any individual with respect to

 

 

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1the compensation, terms, conditions, or privileges of
2employment of the individual, or retaliate against an
3individual in any form or manner, and a public agency shall not
4deny, reduce, or terminate the benefits of, otherwise sanction,
5or harass any individual, otherwise discriminate against any
6individual with respect to the amount, terms, or conditions of
7public assistance of the individual, or retaliate against an
8individual in any form or manner, because:
9        (1) the individual involved:
10            (A) is or is perceived to be a victim of domestic
11        violence, sexual violence, or gender violence or
12        sexual violence;
13            (B) attended, participated in, prepared for, or
14        requested leave to attend, participate in, or prepare
15        for a criminal or civil court proceeding relating to an
16        incident of domestic violence, sexual violence, or
17        gender violence or sexual violence of which the
18        individual or a family or household member of the
19        individual was a victim, or requested or took leave for
20        any other reason provided under Section 20;
21            (C) requested an adjustment to a job structure,
22        workplace facility, or work requirement, including a
23        transfer, reassignment, or modified schedule, leave, a
24        changed telephone number or seating assignment,
25        installation of a lock, or implementation of a safety
26        procedure in response to actual or threatened domestic

 

 

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1        violence, sexual violence, or gender violence or
2        sexual violence, regardless of whether the request was
3        granted; or
4            (D) is an employee whose employer is subject to
5        Section 21 of the Workplace Violence Prevention Act; or
6        (2) the workplace is disrupted or threatened by the
7    action of a person whom the individual states has committed
8    or threatened to commit domestic violence, sexual
9    violence, or gender violence or sexual violence against the
10    individual or the individual's family or household member.
11    (b) In this Section:
12        (1) "Discriminate", used with respect to the terms,
13    conditions, or privileges of employment or with respect to
14    the terms or conditions of public assistance, includes not
15    making a reasonable accommodation to the known limitations
16    resulting from circumstances relating to being a victim of
17    domestic violence, sexual violence, or gender violence or
18    sexual violence or a family or household member being a
19    victim of domestic violence, sexual violence, or gender
20    violence or sexual violence of an otherwise qualified
21    individual:
22            (A) who is:
23                (i) an applicant or employee of the employer
24            (including a public agency); or
25                (ii) an applicant for or recipient of public
26            assistance from a public agency; and

 

 

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1            (B) who is:
2                (i) a victim of domestic violence, sexual
3            violence, or gender violence a victim of domestic
4            or sexual violence; or
5                (ii) with a family or household member who is a
6            victim of domestic violence, sexual violence, or
7            gender violence or sexual violence whose interests
8            are not adverse to the individual in subparagraph
9            (A) as it relates to the domestic violence, sexual
10            violence, or gender violence or sexual violence;
11    unless the employer or public agency can demonstrate that
12    the accommodation would impose an undue hardship on the
13    operation of the employer or public agency.
14        A reasonable accommodation must be made in a timely
15    fashion. Any exigent circumstances or danger facing the
16    employee or his or her family or household member shall be
17    considered in determining whether the accommodation is
18    reasonable.
19        (2) "Qualified individual" means:
20            (A) in the case of an applicant or employee
21        described in paragraph (1)(A)(i), an individual who,
22        but for being a victim of domestic violence, sexual
23        violence, or gender violence or sexual violence or with
24        a family or household member who is a victim of
25        domestic violence, sexual violence, or gender violence
26        or sexual violence, can perform the essential

 

 

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1        functions of the employment position that such
2        individual holds or desires; or
3            (B) in the case of an applicant or recipient
4        described in paragraph (1)(A)(ii), an individual who,
5        but for being a victim of domestic violence, sexual
6        violence, or gender violence or sexual violence or with
7        a family or household member who is a victim of
8        domestic violence, sexual violence, or gender violence
9        or sexual violence, can satisfy the essential
10        requirements of the program providing the public
11        assistance that the individual receives or desires.
12        (3) "Reasonable accommodation" may include an
13    adjustment to a job structure, workplace facility, or work
14    requirement, including a transfer, reassignment, or
15    modified schedule, leave, a changed telephone number or
16    seating assignment, installation of a lock, or
17    implementation of a safety procedure, or assistance in
18    documenting domestic violence, sexual violence, or gender
19    violence or sexual violence that occurs at the workplace or
20    in work-related settings, in response to actual or
21    threatened domestic violence, sexual violence, or gender
22    violence or sexual violence.
23        (4) Undue hardship.
24            (A) In general. "Undue hardship" means an action
25        requiring significant difficulty or expense, when
26        considered in light of the factors set forth in

 

 

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1        subparagraph (B).
2            (B) Factors to be considered. In determining
3        whether a reasonable accommodation would impose an
4        undue hardship on the operation of an employer or
5        public agency, factors to be considered include:
6                (i) the nature and cost of the reasonable
7            accommodation needed under this Section;
8                (ii) the overall financial resources of the
9            facility involved in the provision of the
10            reasonable accommodation, the number of persons
11            employed at such facility, the effect on expenses
12            and resources, or the impact otherwise of such
13            accommodation on the operation of the facility;
14                (iii) the overall financial resources of the
15            employer or public agency, the overall size of the
16            business of an employer or public agency with
17            respect to the number of employees of the employer
18            or public agency, and the number, type, and
19            location of the facilities of an employer or public
20            agency; and
21                (iv) the type of operation of the employer or
22            public agency, including the composition,
23            structure, and functions of the workforce of the
24            employer or public agency, the geographic
25            separateness of the facility from the employer or
26            public agency, and the administrative or fiscal

 

 

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1            relationship of the facility to the employer or
2            public agency.
3    (c) An employer subject to Section 21 of the Workplace
4Violence Prevention Act shall not violate any provisions of the
5Workplace Violence Prevention Act.
6(Source: P.A. 98-766, eff. 7-16-14; 99-78, eff. 7-20-15.)
 
7    (820 ILCS 180/45)
8    Sec. 45. Effect on other laws and employment benefits.
9    (a) More protective laws, agreements, programs, and plans.
10Nothing in this Act shall be construed to supersede any
11provision of any federal, State, or local law, collective
12bargaining agreement, or employment benefits program or plan
13that provides:
14        (1) greater leave benefits for victims of domestic
15    violence, sexual violence, or gender violence or sexual
16    violence than the rights established under this Act; or
17        (2) leave benefits for a larger population of victims
18    of domestic violence, sexual violence, or gender violence
19    or sexual violence (as defined in such law, agreement,
20    program, or plan) than the victims of domestic violence,
21    sexual violence, or gender violence or sexual violence
22    covered under this Act.
23    (b) Less protective laws, agreements, programs, and plans.
24The rights established for employees who are victims of
25domestic violence, sexual violence, or gender violence or

 

 

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1sexual violence and employees with a family or household member
2who is a victim of domestic violence, sexual violence, or
3gender violence or sexual violence under this Act shall not be
4diminished by any federal, State or local law, collective
5bargaining agreement, or employment benefits program or plan.
6(Source: P.A. 93-591, eff. 8-25-03.)
 
7
Article 5.

 
8    Section 5-1. Short title. This Article may be cited as the
9Hotel and Casino Employee Safety Act. References in this
10Article to "this Act" mean this Article.
 
11    Section 5-5. Definitions. As used in this Act:
12    "Casino" has the meaning ascribed to the term "riverboat"
13under the Riverboat Gambling Act.
14    "Casino employer" means any person, business, or
15organization that holds an owners license pursuant to the
16Riverboat Gambling Act that operates a casino and either
17directly employs or through a subcontractor, including through
18the services of a temporary staffing agency, exercises
19direction and control over any natural person who is working on
20the casino premises.
21    "Complaining employee" means an employee who has alleged an
22instance of sexual assault or sexual harassment by a guest.
23    "Employee" means any natural person who works full-time or

 

 

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1part-time for a hotel employer or casino employer for or under
2the direction of the hotel employer or casino employer or any
3subcontractor of the hotel employer or casino employer for
4wages or salary or remuneration of any type under a contract or
5subcontract of employment.
6    "Guest" means any invitee to a hotel or casino, including a
7registered guest, person occupying a guest room with a
8registered guest or other occupant of a guest room, person
9patronizing food or beverage facilities provided by the hotel
10or casino, or any other person whose presence at the hotel or
11casino is permitted by the hotel or casino. "Guest" does not
12include an employee.
13    "Guest room" means any room made available by a hotel for
14overnight occupancy by guests.
15    "Hotel" means any building or buildings maintained,
16advertised, and held out to the public to be a place where
17lodging is offered for consideration to travelers and guests.
18"Hotel" includes an inn, motel, tourist home or court, and
19lodging house.
20    "Hotel employer" means any person, business entity, or
21organization that operates a hotel and either directly employs
22or through a subcontractor, including through the services of a
23temporary staffing agency, exercises direction and control
24over any natural person who is working on the hotel premises
25and employed in furtherance of the hotel's provision of lodging
26to travelers and guests.

 

 

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1    "Notification device" or "safety device" means a portable
2emergency contact device, supplied by the hotel employer or
3casino employer, that utilizes technology that the hotel
4employer or casino employer deems appropriate for the hotel's
5or casino's size, physical layout, and technological
6capabilities and that is designed so that an employee can
7quickly and easily activate the device to alert a hotel or
8casino security officer, manager, or other appropriate hotel or
9casino staff member designated by the hotel or casino and
10effectively summon to the employee's location prompt
11assistance by a hotel or casino security officer, manager, or
12other appropriate hotel or casino staff member designated by
13the hotel or casino.
14    "Offending guest" means a guest a complaining employee has
15alleged sexually assaulted or sexually harassed the
16complaining employee.
17    "Restroom" means any room equipped with toilets or urinals.
18    "Sexual assault" means: (1) an act of sexual conduct, as
19defined in Section 11-0.1 of the Criminal Code of 2012; or (2)
20any act of sexual penetration, as defined in Section 11-0.1 of
21the Criminal Code of 2012 and includes, without limitation,
22acts prohibited under Sections 11-1.20 through 11-1.60 of the
23Criminal Code of 2012.
24    "Sexual harassment" means any harassment or discrimination
25on the basis of an individual's actual or perceived sex or
26gender, including unwelcome sexual advances, requests for

 

 

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1sexual favors, or other verbal or physical conduct of a sexual
2nature.
 
3    Section 5-10. Hotels and casinos; safety devices;
4anti-sexual harassment policies.
5    (a) Each hotel and casino shall equip an employee who is
6assigned to work in a guest room, restroom, or casino floor,
7under circumstances where no other employee is present in the
8room or area, with a safety device or notification device. The
9employee may use the safety device or notification device to
10summon help if the employee reasonably believes that an ongoing
11crime, sexual harassment, sexual assault, or other emergency is
12occurring in the employee's presence. The safety device or
13notification device shall be provided by the hotel or casino at
14no cost to the employee.
15    (b) Each hotel employer and casino employer shall develop,
16maintain, and comply with a written anti-sexual harassment
17policy to protect employees against sexual assault and sexual
18harassment by guests. This policy shall:
19        (1) encourage an employee to immediately report to the
20    hotel employer or casino employer any instance of alleged
21    sexual assault or sexual harassment by a guest;
22        (2) describe the procedures that the complaining
23    employee and hotel employer or casino employer shall follow
24    in cases under paragraph (1);
25        (3) instruct the complaining employee to cease work and

 

 

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1    to leave the immediate area where danger is perceived until
2    hotel or casino security personnel or police arrive to
3    provide assistance;
4        (4) offer temporary work assignments to the
5    complaining employee during the duration of the offending
6    guest's stay at the hotel or casino, which may include
7    assigning the complaining employee to work on a different
8    floor or at a different station or work area away from the
9    offending guest;
10        (5) provide the complaining employee with necessary
11    paid time off to:
12            (A) file a police report or criminal complaint with
13        the appropriate local authorities against the
14        offending guest; and
15            (B) if so required, testify as a witness at any
16        legal proceeding that may ensue as a result of the
17        criminal complaint filed against the offending guest,
18        if the complaining employee is still in the employ of
19        the hotel or casino at the time the legal proceeding
20        occurs;
21        (6) inform the complaining employee that the Illinois
22    Human Rights Act and Title VII of the Civil Rights Act of
23    1964 provide additional protections against sexual
24    harassment in the workplace; and
25        (7) inform the complaining employee that Section 15
26    makes it illegal for an employer to retaliate against any

 

 

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1    employee who: reasonably uses a safety device or
2    notification device; in good faith avails himself or
3    herself of the requirements set forth in paragraph (3),
4    (4), or (5); or discloses, reports, or testifies about any
5    violation of this Act or rules adopted under this Act.
6    Each hotel employer and casino employer shall provide all
7employees with a current copy in English and Spanish of the
8hotel employer's or casino employer's anti-sexual harassment
9policy and post the policy in English and Spanish in
10conspicuous places in areas of the hotel or casino, such as
11supply rooms or employee lunch rooms, where employees can
12reasonably be expected to see it. Each hotel employer and
13casino employer shall also make all reasonable efforts to
14provide employees with a current copy of its written
15anti-sexual harassment policy in any language other than
16English and Spanish that, in its sole discretion, is spoken by
17a predominant portion of its employees.
 
18    Section 5-15. Retaliation prohibited. It is unlawful for a
19hotel employer or casino employer to retaliate against an
20employee for:
21        (1) reasonably using a safety device or notification
22    device;
23        (2) availing himself or herself of the provisions of
24    paragraph (3), (4), or (5) of subsection (b) of Section 10;
25    or

 

 

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1        (3) disclosing, reporting, or testifying about any
2    violation of this Act or any rule adopted under this Act.
 
3    Section 5-20. Violations. An employee or representative of
4employees claiming a violation of this Act may bring an action
5against the hotel employer or casino employer in the circuit
6court of the county in which the hotel or casino is located and
7is entitled to all remedies available under the law or in
8equity appropriate to remedy any such violation, including, but
9not limited to, injunctive relief or other equitable relief
10including reinstatement and compensatory damages. Before a
11representative of employees may bring a claim under this Act,
12the representative must first notify the hotel employer or
13casino employer in writing of the alleged violation under this
14Act and allow the hotel employer or casino employer 15 calendar
15days to remedy the alleged violation. An employee or
16representative of employees that successfully brings a claim
17under this Act shall be awarded reasonable attorney's fees and
18costs. An award of economic damages shall not exceed $350 for
19each violation. Each day that a violation continues constitutes
20a separate violation.
 
21
Article 6.

 
22    Section 6-5. The Illinois Governmental Ethics Act is
23amended by changing Sections 4A-101, 4A-102, 4A-105, 4A-106,

 

 

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14A-107, and 4A-108 and by adding Sections 4A-101.5 and 4A-106.5
2as follows:
 
3    (5 ILCS 420/4A-101)  (from Ch. 127, par. 604A-101)
4    Sec. 4A-101. Persons required to file with the Secretary of
5State. The following persons shall file verified written
6statements of economic interests with the Secretary of State,
7as provided in this Article:
8        (a) Members of the General Assembly and candidates for
9    nomination or election to the General Assembly.
10        (b) Persons holding an elected office in the Executive
11    Branch of this State, and candidates for nomination or
12    election to these offices.
13        (c) Members of a Commission or Board created by the
14    Illinois Constitution, and candidates for nomination or
15    election to such Commission or Board.
16        (d) Persons whose appointment to office is subject to
17    confirmation by the Senate and persons appointed by the
18    Governor to any other position on a board or commission
19    described in subsection (a) of Section 15 of the
20    Gubernatorial Boards and Commissions Act.
21        (e) Holders of, and candidates for nomination or
22    election to, the office of judge or associate judge of the
23    Circuit Court and the office of judge of the Appellate or
24    Supreme Court.
25        (f) Persons who are employed by any branch, agency,

 

 

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1    authority or board of the government of this State,
2    including but not limited to, the Illinois State Toll
3    Highway Authority, the Illinois Housing Development
4    Authority, the Illinois Community College Board, and
5    institutions under the jurisdiction of the Board of
6    Trustees of the University of Illinois, Board of Trustees
7    of Southern Illinois University, Board of Trustees of
8    Chicago State University, Board of Trustees of Eastern
9    Illinois University, Board of Trustees of Governors
10    Governor's State University, Board of Trustees of Illinois
11    State University, Board of Trustees of Northeastern
12    Illinois University, Board of Trustees of Northern
13    Illinois University, Board of Trustees of Western Illinois
14    University, or Board of Trustees of the Illinois
15    Mathematics and Science Academy, and are compensated for
16    services as employees and not as independent contractors
17    and who:
18            (1) are, or function as, the head of a department,
19        commission, board, division, bureau, authority or
20        other administrative unit within the government of
21        this State, or who exercise similar authority within
22        the government of this State;
23            (2) have direct supervisory authority over, or
24        direct responsibility for the formulation,
25        negotiation, issuance or execution of contracts
26        entered into by the State in the amount of $5,000 or

 

 

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1        more;
2            (3) have authority for the issuance or
3        promulgation of rules and regulations within areas
4        under the authority of the State;
5            (4) have authority for the approval of
6        professional licenses;
7            (5) have responsibility with respect to the
8        financial inspection of regulated nongovernmental
9        entities;
10            (6) adjudicate, arbitrate, or decide any judicial
11        or administrative proceeding, or review the
12        adjudication, arbitration or decision of any judicial
13        or administrative proceeding within the authority of
14        the State;
15            (7) have supervisory responsibility for 20 or more
16        employees of the State;
17            (8) negotiate, assign, authorize, or grant naming
18        rights or sponsorship rights regarding any property or
19        asset of the State, whether real, personal, tangible,
20        or intangible; or
21            (9) have responsibility with respect to the
22        procurement of goods or services.
23        (f-5) Members of the board of commissioners of any
24    flood prevention district created under the Flood
25    Prevention District Act or the Beardstown Regional Flood
26    Prevention District Act.

 

 

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1        (g) (Blank). Persons who are elected to office in a
2    unit of local government, and candidates for nomination or
3    election to that office, including regional
4    superintendents of school districts.
5        (h) (Blank). Persons appointed to the governing board
6    of a unit of local government, or of a special district,
7    and persons appointed to a zoning board, or zoning board of
8    appeals, or to a regional, county, or municipal plan
9    commission, or to a board of review of any county, and
10    persons appointed to the Board of the Metropolitan Pier and
11    Exposition Authority and any Trustee appointed under
12    Section 22 of the Metropolitan Pier and Exposition
13    Authority Act, and persons appointed to a board or
14    commission of a unit of local government who have authority
15    to authorize the expenditure of public funds. This
16    subsection does not apply to members of boards or
17    commissions who function in an advisory capacity.
18        (i) (Blank). Persons who are employed by a unit of
19    local government and are compensated for services as
20    employees and not as independent contractors and who:
21            (1) are, or function as, the head of a department,
22        division, bureau, authority or other administrative
23        unit within the unit of local government, or who
24        exercise similar authority within the unit of local
25        government;
26            (2) have direct supervisory authority over, or

 

 

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1        direct responsibility for the formulation,
2        negotiation, issuance or execution of contracts
3        entered into by the unit of local government in the
4        amount of $1,000 or greater;
5            (3) have authority to approve licenses and permits
6        by the unit of local government; this item does not
7        include employees who function in a ministerial
8        capacity;
9            (4) adjudicate, arbitrate, or decide any judicial
10        or administrative proceeding, or review the
11        adjudication, arbitration or decision of any judicial
12        or administrative proceeding within the authority of
13        the unit of local government;
14            (5) have authority to issue or promulgate rules and
15        regulations within areas under the authority of the
16        unit of local government; or
17            (6) have supervisory responsibility for 20 or more
18        employees of the unit of local government.
19        (j) Persons on the Board of Trustees of the Illinois
20    Mathematics and Science Academy.
21        (k) (Blank). Persons employed by a school district in
22    positions that require that person to hold an
23    administrative or a chief school business official
24    endorsement.
25        (l) Special government agents. A "special government
26    agent" is a person who is directed, retained, designated,

 

 

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1    appointed, or employed, with or without compensation, by or
2    on behalf of a statewide executive branch constitutional
3    officer to make an ex parte communication under Section
4    5-50 of the State Officials and Employees Ethics Act or
5    Section 5-165 of the Illinois Administrative Procedure
6    Act.
7        (m) (Blank). Members of the board of commissioners of
8    any flood prevention district created under the Flood
9    Prevention District Act or the Beardstown Regional Flood
10    Prevention District Act.
11        (n) Members of the board of any retirement system or
12    investment board established under the Illinois Pension
13    Code, if not required to file under any other provision of
14    this Section.
15        (o) (Blank). Members of the board of any pension fund
16    established under the Illinois Pension Code, if not
17    required to file under any other provision of this Section.
18        (p) Members of the investment advisory panel created
19    under Section 20 of the Illinois Prepaid Tuition Act.
20    This Section shall not be construed to prevent any unit of
21local government from enacting financial disclosure
22requirements that mandate more information than required by
23this Act.
24(Source: P.A. 96-6, eff. 4-3-09; 96-543, eff. 8-17-09; 96-555,
25eff. 8-18-09; 96-1000, eff. 7-2-10; 97-309, eff. 8-11-11;
2697-754, eff. 7-6-12; revised 10-10-18.)
 

 

 

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1    (5 ILCS 420/4A-101.5 new)
2    Sec. 4A-101.5. Persons required to file with the county
3clerk. The following persons shall file verified written
4statements of economic interests with the county clerk, as
5provided in this Article:
6    (a) Persons who are elected to office in a unit of local
7government, and candidates for nomination or election to that
8office, including regional superintendents of school
9districts.
10    (b) Persons appointed to the governing board of a unit of
11local government, or of a special district, and persons
12appointed to a zoning board, or zoning board of appeals, or to
13a regional, county, or municipal plan commission, or to a board
14of review of any county, and persons appointed to the Board of
15the Metropolitan Pier and Exposition Authority and any Trustee
16appointed under Section 22 of the Metropolitan Pier and
17Exposition Authority Act, and persons appointed to a board or
18commission of a unit of local government who have authority to
19authorize the expenditure of public funds. This subsection (b)
20does not apply to members of boards or commissions who function
21in an advisory capacity.
22    (c) Persons who are employed by a unit of local government
23and are compensated for services as employees and not as
24independent contractors, and who:
25        (1) are, or function as, the head of a department,

 

 

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1    division, bureau, authority, or other administrative unit
2    within the unit of local government, or who exercise
3    similar authority within the unit of local government;
4        (2) have direct supervisory authority over, or direct
5    responsibility for the formulation, negotiation, issuance,
6    or execution of contracts entered into by the unit of local
7    government in the amount of $1,000 or greater;
8        (3) have authority to approve licenses and permits by
9    the unit of local government, but not including employees
10    who function in a ministerial capacity;
11        (4) adjudicate, arbitrate, or decide any judicial or
12    administrative proceeding, or review the adjudication,
13    arbitration, or decision of any judicial or administrative
14    proceeding within the authority of the unit of local
15    government;
16        (5) have authority to issue or adopt rules and
17    regulations within areas under the authority of the unit of
18    local government; or
19        (6) have supervisory responsibility for 20 or more
20    employees of the unit of local government.
21    (d) Persons employed by a school district in positions that
22require that person to hold an administrative or a chief school
23business official endorsement.
24    (e) Members of the board of any pension fund established
25under the Illinois Pension Code, if not required to file under
26any other provision of this Section.
 

 

 

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1    (5 ILCS 420/4A-102)  (from Ch. 127, par. 604A-102)
2    Sec. 4A-102. The statement of economic interests required
3by this Article shall include the economic interests of the
4person making the statement as provided in this Section. The
5interest (if constructively controlled by the person making the
6statement) of a spouse or any other party, shall be considered
7to be the same as the interest of the person making the
8statement. Campaign receipts shall not be included in this
9statement.
10        (a) The following interests shall be listed by all
11    persons required to file:
12            (1) The name, address and type of practice of any
13        professional organization or individual professional
14        practice in which the person making the statement was
15        an officer, director, associate, partner or
16        proprietor, or served in any advisory capacity, from
17        which income in excess of $1200 was derived during the
18        preceding calendar year;
19            (2) The nature of professional services (other
20        than services rendered to the unit or units of
21        government in relation to which the person is required
22        to file) and the nature of the entity to which they
23        were rendered if fees exceeding $5,000 were received
24        during the preceding calendar year from the entity for
25        professional services rendered by the person making

 

 

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1        the statement.
2            (3) The identity (including the address or legal
3        description of real estate) of any capital asset from
4        which a capital gain of $5,000 or more was realized in
5        the preceding calendar year.
6            (4) The name of any unit of government which has
7        employed the person making the statement during the
8        preceding calendar year other than the unit or units of
9        government in relation to which the person is required
10        to file.
11            (5) The name of any entity from which a gift or
12        gifts, or honorarium or honoraria, valued singly or in
13        the aggregate in excess of $500, was received during
14        the preceding calendar year.
15        (b) The following interests shall also be listed by
16    persons listed in items (a) through (f), item (l), item
17    (n), and item (p) of Section 4A-101:
18            (1) The name and instrument of ownership in any
19        entity doing business in the State of Illinois, in
20        which an ownership interest held by the person at the
21        date of filing is in excess of $5,000 fair market value
22        or from which dividends of in excess of $1,200 were
23        derived during the preceding calendar year. (In the
24        case of real estate, location thereof shall be listed
25        by street address, or if none, then by legal
26        description). No time or demand deposit in a financial

 

 

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1        institution, nor any debt instrument need be listed;
2            (2) Except for professional service entities, the
3        name of any entity and any position held therein from
4        which income of in excess of $1,200 was derived during
5        the preceding calendar year, if the entity does
6        business in the State of Illinois. No time or demand
7        deposit in a financial institution, nor any debt
8        instrument need be listed.
9            (3) The identity of any compensated lobbyist with
10        whom the person making the statement maintains a close
11        economic association, including the name of the
12        lobbyist and specifying the legislative matter or
13        matters which are the object of the lobbying activity,
14        and describing the general type of economic activity of
15        the client or principal on whose behalf that person is
16        lobbying.
17        (c) The following interests shall also be listed by
18    persons listed in items (a) through (c) and item (e) (g),
19    (h), (i), and (o) of Section 4A-101.5 4A-101:
20            (1) The name and instrument of ownership in any
21        entity doing business with a unit of local government
22        in relation to which the person is required to file if
23        the ownership interest of the person filing is greater
24        than $5,000 fair market value as of the date of filing
25        or if dividends in excess of $1,200 were received from
26        the entity during the preceding calendar year. (In the

 

 

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1        case of real estate, location thereof shall be listed
2        by street address, or if none, then by legal
3        description). No time or demand deposit in a financial
4        institution, nor any debt instrument need be listed.
5            (2) Except for professional service entities, the
6        name of any entity and any position held therein from
7        which income in excess of $1,200 was derived during the
8        preceding calendar year if the entity does business
9        with a unit of local government in relation to which
10        the person is required to file. No time or demand
11        deposit in a financial institution, nor any debt
12        instrument need be listed.
13            (3) The name of any entity and the nature of the
14        governmental action requested by any entity which has
15        applied to a unit of local government in relation to
16        which the person must file for any license, franchise
17        or permit for annexation, zoning or rezoning of real
18        estate during the preceding calendar year if the
19        ownership interest of the person filing is in excess of
20        $5,000 fair market value at the time of filing or if
21        income or dividends in excess of $1,200 were received
22        by the person filing from the entity during the
23        preceding calendar year.
24    For the purposes of this Section, the unit of local
25government in relation to which a person required to file under
26item (e) (o) of Section 4A-101.5 4A-101 shall be the unit of

 

 

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1local government that contributes to the pension fund of which
2such person is a member of the board.
3(Source: P.A. 96-6, eff. 4-3-09; 97-754, eff. 7-6-12.)
 
4    (5 ILCS 420/4A-105)  (from Ch. 127, par. 604A-105)
5    Sec. 4A-105. Time for filing. Except as provided in
6Section 4A-106.1, by May 1 of each year a statement must be
7filed by each person whose position at that time subjects him
8to the filing requirements of Section 4A-101 or 4A-101.5 unless
9he has already filed a statement in relation to the same unit
10of government in that calendar year.
11    Statements must also be filed as follows:
12        (a) A candidate for elective office shall file his
13    statement not later than the end of the period during which
14    he can take the action necessary under the laws of this
15    State to attempt to qualify for nomination, election, or
16    retention to such office if he has not filed a statement in
17    relation to the same unit of government within a year
18    preceding such action.
19        (b) A person whose appointment to office is subject to
20    confirmation by the Senate shall file his statement at the
21    time his name is submitted to the Senate for confirmation.
22        (b-5) A special government agent, as defined in item
23    (1) of Section 4A-101 of this Act, shall file a statement
24    within 30 days after making the first ex parte
25    communication and each May 1 thereafter if he or she has

 

 

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1    made an ex parte communication within the previous 12
2    months.
3        (c) Any other person required by this Article to file
4    the statement shall file a statement at the time of his or
5    her initial appointment or employment in relation to that
6    unit of government if appointed or employed by May 1.
7    If any person who is required to file a statement of
8economic interests fails to file such statement by May 1 of any
9year, the officer with whom such statement is to be filed under
10Section 4A-106 or 4A-106.5 of this Act shall, within 7 days
11after May 1, notify such person by certified mail of his or her
12failure to file by the specified date. Except as may be
13prescribed by rule of the Secretary of State, such person shall
14file his or her statement of economic interests on or before
15May 15 with the appropriate officer, together with a $15 late
16filing fee. Any such person who fails to file by May 15 shall
17be subject to a penalty of $100 for each day from May 16 to the
18date of filing, which shall be in addition to the $15 late
19filing fee specified above. Failure to file by May 31 shall
20result in a forfeiture in accordance with Section 4A-107 of
21this Act.
22    Any person who takes office or otherwise becomes required
23to file a statement of economic interests within 30 days prior
24to May 1 of any year may file his or her statement at any time
25on or before May 31 without penalty. If such person fails to
26file such statement by May 31, the officer with whom such

 

 

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1statement is to be filed under Section 4A-106 or 4A-106.5 of
2this Act shall, within 7 days after May 31, notify such person
3by certified mail of his or her failure to file by the
4specified date. Such person shall file his or her statement of
5economic interests on or before June 15 with the appropriate
6officer, together with a $15 late filing fee. Any such person
7who fails to file by June 15 shall be subject to a penalty of
8$100 per day for each day from June 16 to the date of filing,
9which shall be in addition to the $15 late filing fee specified
10above. Failure to file by June 30 shall result in a forfeiture
11in accordance with Section 4A-107 of this Act.
12    All late filing fees and penalties collected pursuant to
13this Section shall be paid into the General Revenue Fund in the
14State treasury, if the Secretary of State receives such
15statement for filing, or into the general fund in the county
16treasury, if the county clerk receives such statement for
17filing. The Attorney General, with respect to the State, and
18the several State's Attorneys, with respect to counties, shall
19take appropriate action to collect the prescribed penalties.
20    Failure to file a statement of economic interests within
21the time prescribed shall not result in a fine or ineligibility
22for, or forfeiture of, office or position of employment, as the
23case may be; provided that the failure to file results from not
24being included for notification by the appropriate agency,
25clerk, secretary, officer or unit of government, as the case
26may be, and that a statement is filed within 30 days of actual

 

 

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1notice of the failure to file.
2    Beginning with statements required to be filed on or after
3May 1, 2009, the officer with whom a statement is to be filed
4may, in his or her discretion, waive the late filing fee, the
5monetary late filing penalty, and the ineligibility for or
6forfeiture of office or position for failure to file when the
7person's late filing of a statement or failure to file a
8statement is due to his or her (i) serious or catastrophic
9illness that renders the person temporarily incapable of
10completing the statement or (ii) military service.
11(Source: P.A. 96-550, eff. 8-17-09.)
 
12    (5 ILCS 420/4A-106)  (from Ch. 127, par. 604A-106)
13    Sec. 4A-106. Persons filing statements with Secretary of
14State; notice; certification of list of names; alphabetical
15list; receipt; examination and copying of statements. The
16statements of economic interests required of persons listed in
17items (a) through (f), item (j), item (l), item (n), and item
18(p) of Section 4A-101 shall be filed with the Secretary of
19State. The statements of economic interests required of persons
20listed in items (g), (h), (i), (k), and (o) of Section 4A-101
21shall be filed with the county clerk of the county in which the
22principal office of the unit of local government with which the
23person is associated is located. If it is not apparent which
24county the principal office of a unit of local government is
25located, the chief administrative officer, or his or her

 

 

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1designee, has the authority, for purposes of this Act, to
2determine the county in which the principal office is located.
3On or before February 1 annually, (1) the chief administrative
4officer of any State agency in the executive, legislative, or
5judicial branch employing persons required to file under item
6(f) or item (l) of Section 4A-101 and the chief administrative
7officer of a board or panel described in item (n) or (p) of
8Section 4A-101 shall certify to the Secretary of State the
9names and mailing addresses of those persons, and (2) the chief
10administrative officer, or his or her designee, of each unit of
11local government with persons described in items (h), (i) and
12(k) and a board described in item (o) of Section 4A-101 shall
13certify to the appropriate county clerk a list of names and
14addresses of persons described in items (h), (i), (k), and (o)
15of Section 4A-101 that are required to file. In preparing the
16lists, each chief administrative officer, or his or her
17designee, shall set out the names in alphabetical order.
18    On or before April 1 annually, the Secretary of State shall
19notify (1) all persons whose names have been certified to him
20under items (f), (l), (n), and (p) of Section 4A-101, and (2)
21all persons described in items (a) through (e) and item (j) of
22Section 4A-101, other than candidates for office who have filed
23their statements with their nominating petitions, of the
24requirements for filing statements of economic interests. A
25person required to file with the Secretary of State by virtue
26of more than one position as listed in Section 4A-101, and

 

 

SB0075 Enrolled- 134 -LRB101 04852 TAE 49861 b

1filing his or her statement of economic interests in writing,
2rather than through the Internet-based system, item among items
3(a) through (f) and items (j), (l), (n), and (p) shall be
4notified of and is required to file only one statement of
5economic interests relating to all items under which the person
6is required to file with the Secretary of State.
7    On or before April 1 annually, the county clerk of each
8county shall notify all persons whose names have been certified
9to him under items (g), (h), (i), (k), and (o) of Section
104A-101, other than candidates for office who have filed their
11statements with their nominating petitions, of the
12requirements for filing statements of economic interests. A
13person required to file with a county clerk by virtue of more
14than one item among items (g), (h), (i), (k), and (o) shall be
15notified of and is required to file only one statement of
16economic interests relating to all items under which the person
17is required to file with that county clerk.
18    Except as provided in Section 4A-106.1, the notices
19provided for in this Section shall be in writing and deposited
20in the U.S. Mail, properly addressed, first class postage
21prepaid, on or before the day required by this Section for the
22sending of the notice. Alternatively, a county clerk may send
23the notices electronically to all persons whose names have been
24thus certified to him under item (h), (i), or (k) of Section
254A-101. A certificate executed by the Secretary of State or
26county clerk attesting that he or she has sent the notice by

 

 

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1the means permitted by this Section constitutes prima facie
2evidence thereof.
3    From the lists certified to him under this Section of
4persons described in items (g), (h), (i), (k), and (o) of
5Section 4A-101, the clerk of each county shall compile an
6alphabetical listing of persons required to file statements of
7economic interests in his office under any of those items. As
8the statements are filed in his office, the county clerk shall
9cause the fact of that filing to be indicated on the
10alphabetical listing of persons who are required to file
11statements. Within 30 days after the due dates, the county
12clerk shall mail to the State Board of Elections a true copy of
13that listing showing those who have filed statements.
14    The county clerk of each county shall note upon the
15alphabetical listing the names of all persons required to file
16a statement of economic interests who failed to file a
17statement on or before May 1. It shall be the duty of the
18several county clerks to give notice as provided in Section
194A-105 to any person who has failed to file his or her
20statement with the clerk on or before May 1.
21    Any person who files or has filed a statement of economic
22interest under this Section Act is entitled to receive from the
23Secretary of State or county clerk, as the case may be, a
24receipt indicating that the person has filed such a statement,
25the date of such filing, and the identity of the governmental
26unit or units in relation to which the filing is required.

 

 

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1    The Secretary of State may employ such employees and
2consultants as he considers necessary to carry out his duties
3hereunder, and may prescribe their duties, fix their
4compensation, and provide for reimbursement of their expenses.
5    All statements of economic interests filed under this
6Section shall be available for examination and copying by the
7public at all reasonable times. Not later than 12 months after
8the effective date of this amendatory Act of the 93rd General
9Assembly, beginning with statements filed in calendar year
102004, the Secretary of State shall make statements of economic
11interests filed with the Secretary available for inspection and
12copying via the Secretary's website.
13(Source: P.A. 96-6, eff. 4-3-09; 96-1336, eff. 1-1-11; 97-754,
14eff. 7-6-12.)
 
15    (5 ILCS 420/4A-106.5 new)
16    Sec. 4A-106.5. Persons filing statements with county
17clerk; notice; certification of list of names; alphabetical
18list; receipt; examination and copying of statements. The
19statements of economic interests required of persons listed in
20Section 4A-101.5 shall be filed with the county clerk of the
21county in which the principal office of the unit of local
22government with which the person is associated is located. If
23it is not apparent which county the principal office of a unit
24of local government is located, the chief administrative
25officer, or his or her designee, has the authority, for

 

 

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1purposes of this Act, to determine the county in which the
2principal office is located. The chief administrative officer,
3or his or her designee, of each unit of local government with
4persons described in Section 4A-101.5 shall certify to the
5appropriate county clerk a list of names and addresses of
6persons that are required to file. In preparing the lists, each
7chief administrative officer, or his or her designee, shall set
8out the names in alphabetical order.
9    On or before April 1 annually, the county clerk of each
10county shall notify all persons whose names have been certified
11to him under Section 4A-101.5, other than candidates for office
12who have filed their statements with their nominating
13petitions, of the requirements for filing statements of
14economic interests. A person required to file with a county
15clerk by virtue of more than one item among items set forth in
16Section 4A-101.5 shall be notified of and is required to file
17only one statement of economic interests relating to all items
18under which the person is required to file with that county
19clerk.
20    Except as provided in Section 4A-106.1, the notices
21provided for in this Section shall be in writing and deposited
22in the U.S. Mail, properly addressed, first class postage
23prepaid, on or before the day required by this Section for the
24sending of the notice. Alternatively, a county clerk may send
25the notices electronically to all persons whose names have been
26thus certified to him. A certificate executed by a county clerk

 

 

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1attesting that he or she has sent the notice by the means
2permitted by this Section constitutes prima facie evidence
3thereof.
4    From the lists certified to him or her under this Section
5of persons described in Section 4A-101.5, the clerk of each
6county shall compile an alphabetical listing of persons
7required to file statements of economic interests in his or her
8office under any of those items. As the statements are filed in
9his or her office, the county clerk shall cause the fact of
10that filing to be indicated on the alphabetical listing of
11persons who are required to file statements. Within 30 days
12after the due dates, the county clerk shall mail to the State
13Board of Elections a true copy of that listing showing those
14who have filed statements.
15    The county clerk of each county shall note upon the
16alphabetical listing the names of all persons required to file
17a statement of economic interests who failed to file a
18statement on or before May 1. It shall be the duty of the
19several county clerks to give notice as provided in Section
204A-105 to any person who has failed to file his or her
21statement with the clerk on or before May 1.
22    Any person who files or has filed a statement of economic
23interest under this Section is entitled to receive from the
24county clerk a receipt indicating that the person has filed
25such a statement, the date of filing, and the identity of the
26governmental unit or units in relation to which the filing is

 

 

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1required.
2    All statements of economic interests filed under this
3Section shall be available for examination and copying by the
4public at all reasonable times.
 
5    (5 ILCS 420/4A-107)  (from Ch. 127, par. 604A-107)
6    Sec. 4A-107. Any person required to file a statement of
7economic interests under this Article who willfully files a
8false or incomplete statement shall be guilty of a Class A
9misdemeanor.
10    Except when the fees and penalties for late filing have
11been waived under Section 4A-105, failure to file a statement
12within the time prescribed shall result in ineligibility for,
13or forfeiture of, office or position of employment, as the case
14may be; provided, however, that if the notice of failure to
15file a statement of economic interests provided in Section
164A-105 of this Act is not given by the Secretary of State or
17the county clerk, as the case may be, no forfeiture shall
18result if a statement is filed within 30 days of actual notice
19of the failure to file. The Secretary of State shall provide
20the Attorney General with the names of persons who failed to
21file a statement. The county clerk shall provide the State's
22Attorney of the county of the entity for which the filing of
23statement of economic interest is required with the name of
24persons who failed to file a statement.
25    The Attorney General, with respect to offices or positions

 

 

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1described in items (a) through (f) and items (j), (l), (n), and
2(p) of Section 4A-101 of this Act, or the State's Attorney of
3the county of the entity for which the filing of statements of
4economic interests is required, with respect to offices or
5positions described in items (a) through (e) (g) through (i),
6item (k), and item (o) of Section 4A-101.5 4A-101 of this Act,
7shall bring an action in quo warranto against any person who
8has failed to file by either May 31 or June 30 of any given year
9and for whom the fees and penalties for late filing have not
10been waived under Section 4A-105.
11(Source: P.A. 96-6, eff. 4-3-09; 96-550, eff. 8-17-09; 96-1000,
12eff. 7-2-10; 97-754, eff. 7-6-12.)
 
13    (5 ILCS 420/4A-108)
14    Sec. 4A-108. Internet-based systems of filing.
15    (a) Notwithstanding any other provision of this Act or any
16other law, the Secretary of State and county clerks are
17authorized to institute an Internet-based system for the filing
18of statements of economic interests in their offices. With
19respect to county clerk systems, the determination to institute
20such a system shall be in the sole discretion of the county
21clerk and shall meet the requirements set out in this Section.
22With respect to a Secretary of State system, the determination
23to institute such a system shall be in the sole discretion of
24the Secretary of State and shall meet the requirements set out
25in this Section and those Sections of the State Officials and

 

 

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1Employees Ethics Act requiring ethics officer review prior to
2filing. The system shall be capable of allowing an ethics
3officer to approve a statement of economic interests and shall
4include a means to amend a statement of economic interests.
5When this Section does not modify or remove the requirements
6set forth elsewhere in this Article, those requirements shall
7apply to any system of Internet-based filing authorized by this
8Section. When this Section does modify or remove the
9requirements set forth elsewhere in this Article, the
10provisions of this Section shall apply to any system of
11Internet-based filing authorized by this Section.
12    (b) In any system of Internet-based filing of statements of
13economic interests instituted by the Secretary of State or a
14county clerk:
15        (1) Any filing of an Internet-based statement of
16    economic interests shall be the equivalent of the filing of
17    a verified, written statement of economic interests as
18    required by Section 4A-101 or 4A-101.5 and the equivalent
19    of the filing of a verified, dated, and signed statement of
20    economic interests as required by Section 4A-104.
21        (2) The Secretary of State and county clerks who
22    institute a system of Internet-based filing of statements
23    of economic interests shall establish a password-protected
24    website to receive the filings of such statements. A
25    website established under this Section shall set forth and
26    provide a means of responding to the items set forth in

 

 

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1    Section 4A-102 that are required of a person who files a
2    statement of economic interests with that officer. A
3    website established under this Section shall set forth and
4    provide a means of generating a printable receipt page
5    acknowledging filing.
6        (3) The times for the filing of statements of economic
7    interests set forth in Section 4A-105 shall be followed in
8    any system of Internet-based filing of statements of
9    economic interests; provided that a candidate for elective
10    office who is required to file a statement of economic
11    interests in relation to his or her candidacy pursuant to
12    Section 4A-105(a) shall receive a written or printed
13    receipt for his or her filing.
14        A candidate filing for Governor, Lieutenant Governor,
15    Attorney General, Secretary of State, Treasurer,
16    Comptroller, State Senate, or State House of
17    Representatives shall not use the Internet to file his or
18    her statement of economic interests, but shall file his or
19    her statement of economic interests in a written or printed
20    form and shall receive a written or printed receipt for his
21    or her filing. Annually, the duly appointed ethics officer
22    for each legislative caucus shall certify to the Secretary
23    of State whether his or her caucus members will file their
24    statements of economic interests electronically or in a
25    written or printed format for that year. If the ethics
26    officer for a caucus certifies that the statements of

 

 

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1    economic interests shall be written or printed, then
2    members of the General Assembly of that caucus shall not
3    use the Internet to file his or her statement of economic
4    interests, but shall file his or her statement of economic
5    interests in a written or printed form and shall receive a
6    written or printed receipt for his or her filing. If no
7    certification is made by an ethics officer for a
8    legislative caucus, or if a member of the General Assembly
9    is not affiliated with a legislative caucus, then the
10    affected member or members of the General Assembly may file
11    their statements of economic interests using the Internet.
12        (4) In the first year of the implementation of a system
13    of Internet-based filing of statements of economic
14    interests, each person required to file such a statement is
15    to be notified in writing of his or her obligation to file
16    his or her statement of economic interests by way of the
17    Internet-based system. If access to the web site requires a
18    code or password, this information shall be included in the
19    notice prescribed by this paragraph.
20        (5) When a person required to file a statement of
21    economic interests has supplied the Secretary of State or a
22    county clerk, as applicable, with an email address for the
23    purpose of receiving notices under this Article by email, a
24    notice sent by email to the supplied email address shall be
25    the equivalent of a notice sent by first class mail, as set
26    forth in Section 4A-106 or 4A-106.5. A person who has

 

 

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1    supplied such an email address shall notify the Secretary
2    of State or county clerk, as applicable, when his or her
3    email address changes or if he or she no longer wishes to
4    receive notices by email.
5        (6) If any person who is required to file a statement
6    of economic interests and who has chosen to receive notices
7    by email fails to file his or her statement by May 10, then
8    the Secretary of State or county clerk, as applicable,
9    shall send an additional email notice on that date,
10    informing the person that he or she has not filed and
11    describing the penalties for late filing and failing to
12    file. This notice shall be in addition to other notices
13    provided for in this Article.
14        (7) The Secretary of State and each county clerk who
15    institutes a system of Internet-based filing of statements
16    of economic interests may also institute an Internet-based
17    process for the filing of the list of names and addresses
18    of persons required to file statements of economic
19    interests by the chief administrative officers that must
20    file such information with the Secretary of State or county
21    clerk, as applicable, pursuant to Section 4A-106 or
22    4A-106.5. Whenever the Secretary of State or a county clerk
23    institutes such a system under this paragraph, every chief
24    administrative officer must use the system to file this
25    information.
26        (8) The Secretary of State and any county clerk who

 

 

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1    institutes a system of Internet-based filing of statements
2    of economic interests shall post the contents of such
3    statements filed with him or her available for inspection
4    and copying on a publicly accessible website. Such postings
5    shall not include the addresses or signatures of the
6    filers.
7(Source: P.A. 99-108, eff. 7-22-15; 100-1041, eff. 1-1-19.)
 
8    Section 6-10. The State Officials and Employees Ethics Act
9is amended by changing Sections 5-10.5, 20-5, 20-10, 20-50,
1025-5, 25-10, 25-50, and 70-5 and by adding Sections 20-63 and
1125-63 as follows:
 
12    (5 ILCS 430/5-10.5)
13    Sec. 5-10.5. Harassment and discrimination prevention
14Sexual harassment training.
15    (a) Until 2020, each Each officer, member, and employee
16must complete, at least annually beginning in 2018, a sexual
17harassment training program. A person who fills a vacancy in an
18elective or appointed position that requires training under
19this Section must complete his or her initial sexual harassment
20training program within 30 days after commencement of his or
21her office or employment. The training shall include, at a
22minimum, the following: (i) the definition, and a description,
23of sexual harassment utilizing examples; (ii) details on how an
24individual can report an allegation of sexual harassment,

 

 

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1including options for making a confidential report to a
2supervisor, ethics officer, Inspector General, or the
3Department of Human Rights; (iii) the definition, and
4description of, retaliation for reporting sexual harassment
5allegations utilizing examples, including availability of
6whistleblower protections under this Act, the Whistleblower
7Act, and the Illinois Human Rights Act; and (iv) the
8consequences of a violation of the prohibition on sexual
9harassment and the consequences for knowingly making a false
10report. Proof of completion must be submitted to the applicable
11ethics officer. Sexual harassment training programs shall be
12overseen by the appropriate Ethics Commission and Inspector
13General appointed under this Act.
14    (a-5) Beginning in 2020, each officer, member, and employee
15must complete, at least annually, a harassment and
16discrimination prevention training program. A person who fills
17a vacancy in an elective or appointed position that requires
18training under this subsection must complete his or her initial
19harassment and discrimination prevention training program
20within 30 days after commencement of his or her office or
21employment. The training shall include, at a minimum, the
22following: (i) the definition and a description of sexual
23harassment, unlawful discrimination, and harassment, including
24examples of each; (ii) details on how an individual can report
25an allegation of sexual harassment, unlawful discrimination,
26or harassment, including options for making a confidential

 

 

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1report to a supervisor, ethics officer, Inspector General, or
2the Department of Human Rights; (iii) the definition and
3description of retaliation for reporting sexual harassment,
4unlawful discrimination, or harassment allegations utilizing
5examples, including availability of whistleblower protections
6under this Act, the Whistleblower Act, and the Illinois Human
7Rights Act; and (iv) the consequences of a violation of the
8prohibition on sexual harassment, unlawful discrimination, and
9harassment and the consequences for knowingly making a false
10report. Proof of completion must be submitted to the applicable
11ethics officer. Harassment and discrimination training
12programs shall be overseen by the appropriate Ethics Commission
13and Inspector General appointed under this Act.
14    For the purposes of this subsection, "unlawful
15discrimination" and "harassment" refers to discrimination and
16harassment prohibited under Section 2-102 of the Illinois Human
17Rights Act.
18    (b) Each ultimate jurisdictional authority shall submit to
19the applicable Ethics Commission, at least annually, or more
20frequently as required by that Commission, a report that
21summarizes the sexual harassment training program that was
22completed during the previous year, and lays out the plan for
23the training program in the coming year. The report shall
24include the names of individuals that failed to complete the
25required training program. Each Ethics Commission shall make
26the reports available on its website.

 

 

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1(Source: P.A. 100-554, eff. 11-16-17.)
 
2    (5 ILCS 430/20-5)
3    Sec. 20-5. Executive Ethics Commission.
4    (a) The Executive Ethics Commission is created.
5    (b) The Executive Ethics Commission shall consist of 9
6commissioners. The Governor shall appoint 5 commissioners, and
7the Attorney General, Secretary of State, Comptroller, and
8Treasurer shall each appoint one commissioner. Appointments
9shall be made by and with the advice and consent of the Senate
10by three-fifths of the elected members concurring by record
11vote. Any nomination not acted upon by the Senate within 60
12session days of the receipt thereof shall be deemed to have
13received the advice and consent of the Senate. If, during a
14recess of the Senate, there is a vacancy in an office of
15commissioner, the appointing authority shall make a temporary
16appointment until the next meeting of the Senate when the
17appointing authority shall make a nomination to fill that
18office. No person rejected for an office of commissioner shall,
19except by the Senate's request, be nominated again for that
20office at the same session of the Senate or be appointed to
21that office during a recess of that Senate. No more than 5
22commissioners may be of the same political party.
23    The terms of the initial commissioners shall commence upon
24qualification. Four initial appointees of the Governor, as
25designated by the Governor, shall serve terms running through

 

 

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1June 30, 2007. One initial appointee of the Governor, as
2designated by the Governor, and the initial appointees of the
3Attorney General, Secretary of State, Comptroller, and
4Treasurer shall serve terms running through June 30, 2008. The
5initial appointments shall be made within 60 days after the
6effective date of this Act.
7    After the initial terms, commissioners shall serve for
84-year terms commencing on July 1 of the year of appointment
9and running through June 30 of the fourth following year.
10Commissioners may be reappointed to one or more subsequent
11terms.
12    Vacancies occurring other than at the end of a term shall
13be filled by the appointing authority only for the balance of
14the term of the commissioner whose office is vacant.
15    Terms shall run regardless of whether the position is
16filled.
17    (c) The appointing authorities shall appoint commissioners
18who have experience holding governmental office or employment
19and shall appoint commissioners from the general public. A
20person is not eligible to serve as a commissioner if that
21person (i) has been convicted of a felony or a crime of
22dishonesty or moral turpitude, (ii) is, or was within the
23preceding 12 months, engaged in activities that require
24registration under the Lobbyist Registration Act, (iii) is
25related to the appointing authority, or (iv) is a State officer
26or employee.

 

 

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1    (d) The Executive Ethics Commission shall have
2jurisdiction over all officers and employees of State agencies
3other than the General Assembly, the Senate, the House of
4Representatives, the President and Minority Leader of the
5Senate, the Speaker and Minority Leader of the House of
6Representatives, the Senate Operations Commission, the
7legislative support services agencies, and the Office of the
8Auditor General. The Executive Ethics Commission shall have
9jurisdiction over all board members and employees of Regional
10Transit Boards. The jurisdiction of the Commission is limited
11to matters arising under this Act, except as provided in
12subsection (d-5).
13    A member or legislative branch State employee serving on an
14executive branch board or commission remains subject to the
15jurisdiction of the Legislative Ethics Commission and is not
16subject to the jurisdiction of the Executive Ethics Commission.
17    (d-5) The Executive Ethics Commission shall have
18jurisdiction over all chief procurement officers and
19procurement compliance monitors and their respective staffs.
20The Executive Ethics Commission shall have jurisdiction over
21any matters arising under the Illinois Procurement Code if the
22Commission is given explicit authority in that Code.
23    (d-6) (1) The Executive Ethics Commission shall have
24jurisdiction over the Illinois Power Agency and its staff. The
25Director of the Agency shall be appointed by a majority of the
26commissioners of the Executive Ethics Commission, subject to

 

 

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1Senate confirmation, for a term of 2 years. The Director is
2removable for cause by a majority of the Commission upon a
3finding of neglect, malfeasance, absence, or incompetence.
4    (2) In case of a vacancy in the office of Director of the
5Illinois Power Agency during a recess of the Senate, the
6Executive Ethics Commission may make a temporary appointment
7until the next meeting of the Senate, at which time the
8Executive Ethics Commission shall nominate some person to fill
9the office, and any person so nominated who is confirmed by the
10Senate shall hold office during the remainder of the term and
11until his or her successor is appointed and qualified. Nothing
12in this subsection shall prohibit the Executive Ethics
13Commission from removing a temporary appointee or from
14appointing a temporary appointee as the Director of the
15Illinois Power Agency.
16    (3) Prior to June 1, 2012, the Executive Ethics Commission
17may, until the Director of the Illinois Power Agency is
18appointed and qualified or a temporary appointment is made
19pursuant to paragraph (2) of this subsection, designate some
20person as an acting Director to execute the powers and
21discharge the duties vested by law in that Director. An acting
22Director shall serve no later than 60 calendar days, or upon
23the making of an appointment pursuant to paragraph (1) or (2)
24of this subsection, whichever is earlier. Nothing in this
25subsection shall prohibit the Executive Ethics Commission from
26removing an acting Director or from appointing an acting

 

 

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1Director as the Director of the Illinois Power Agency.
2    (4) No person rejected by the Senate for the office of
3Director of the Illinois Power Agency shall, except at the
4Senate's request, be nominated again for that office at the
5same session or be appointed to that office during a recess of
6that Senate.
7    (d-7) The Executive Ethics Commission shall have
8jurisdiction over complainants in violation of subsection (e)
9of Section 20-63.
10    (e) The Executive Ethics Commission must meet, either in
11person or by other technological means, at least monthly and as
12often as necessary. At the first meeting of the Executive
13Ethics Commission, the commissioners shall choose from their
14number a chairperson and other officers that they deem
15appropriate. The terms of officers shall be for 2 years
16commencing July 1 and running through June 30 of the second
17following year. Meetings shall be held at the call of the
18chairperson or any 3 commissioners. Official action by the
19Commission shall require the affirmative vote of 5
20commissioners, and a quorum shall consist of 5 commissioners.
21Commissioners shall receive compensation in an amount equal to
22the compensation of members of the State Board of Elections and
23may be reimbursed for their reasonable expenses actually
24incurred in the performance of their duties.
25    (f) No commissioner or employee of the Executive Ethics
26Commission 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    (g) An appointing authority may remove a commissioner only
13for cause.
14    (h) The Executive Ethics Commission shall appoint an
15Executive Director. The compensation of the Executive Director
16shall be as determined by the Commission. The Executive
17Director of the Executive Ethics Commission may employ and
18determine the compensation of staff, as appropriations permit.
19    (i) The Executive Ethics Commission shall appoint, by a
20majority of the members appointed to the Commission, chief
21procurement officers and may appoint procurement compliance
22monitors in accordance with the provisions of the Illinois
23Procurement Code. The compensation of a chief procurement
24officer and procurement compliance monitor shall be determined
25by the Commission.
26(Source: P.A. 100-43, eff. 8-9-17.)
 

 

 

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1    (5 ILCS 430/20-10)
2    Sec. 20-10. Offices of Executive Inspectors General.
3    (a) Five independent Offices of the Executive Inspector
4General are created, one each for the Governor, the Attorney
5General, the Secretary of State, the Comptroller, and the
6Treasurer. Each Office shall be under the direction and
7supervision of an Executive Inspector General and shall be a
8fully independent office with separate appropriations.
9    (b) The Governor, Attorney General, Secretary of State,
10Comptroller, and Treasurer shall each appoint an Executive
11Inspector General, without regard to political affiliation and
12solely on the basis of integrity and demonstrated ability.
13Appointments shall be made by and with the advice and consent
14of the Senate by three-fifths of the elected members concurring
15by record vote. Any nomination not acted upon by the Senate
16within 60 session days of the receipt thereof shall be deemed
17to have received the advice and consent of the Senate. If,
18during a recess of the Senate, there is a vacancy in an office
19of Executive Inspector General, the appointing authority shall
20make a temporary appointment until the next meeting of the
21Senate when the appointing authority shall make a nomination to
22fill that office. No person rejected for an office of Executive
23Inspector General shall, except by the Senate's request, be
24nominated again for that office at the same session of the
25Senate or be appointed to that office during a recess of that

 

 

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1Senate.
2    Nothing in this Article precludes the appointment by the
3Governor, Attorney General, Secretary of State, Comptroller,
4or Treasurer of any other inspector general required or
5permitted by law. The Governor, Attorney General, Secretary of
6State, Comptroller, and Treasurer each may appoint an existing
7inspector general as the Executive Inspector General required
8by this Article, provided that such an inspector general is not
9prohibited by law, rule, jurisdiction, qualification, or
10interest from serving as the Executive Inspector General
11required by this Article. An appointing authority may not
12appoint a relative as an Executive Inspector General.
13    Each Executive Inspector General shall have the following
14qualifications:
15        (1) has not been convicted of any felony under the laws
16    of this State, another State, or the United States;
17        (2) has earned a baccalaureate degree from an
18    institution of higher education; and
19        (3) has 5 or more years of cumulative service (A) with
20    a federal, State, or local law enforcement agency, at least
21    2 years of which have been in a progressive investigatory
22    capacity; (B) as a federal, State, or local prosecutor; (C)
23    as a senior manager or executive of a federal, State, or
24    local agency; (D) as a member, an officer, or a State or
25    federal judge; or (E) representing any combination of (A)
26    through (D).

 

 

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1    The term of each initial Executive Inspector General shall
2commence upon qualification and shall run through June 30,
32008. The initial appointments shall be made within 60 days
4after the effective date of this Act.
5    After the initial term, each Executive Inspector General
6shall serve for 5-year terms commencing on July 1 of the year
7of appointment and running through June 30 of the fifth
8following year. An Executive Inspector General may be
9reappointed to one or more subsequent terms.
10    A vacancy occurring other than at the end of a term shall
11be filled by the appointing authority only for the balance of
12the term of the Executive Inspector General whose office is
13vacant.
14    Terms shall run regardless of whether the position is
15filled.
16    (c) The Executive Inspector General appointed by the
17Attorney General shall have jurisdiction over the Attorney
18General and all officers and employees of, and vendors and
19others doing business with, State agencies within the
20jurisdiction of the Attorney General. The Executive Inspector
21General appointed by the Secretary of State shall have
22jurisdiction over the Secretary of State and all officers and
23employees of, and vendors and others doing business with, State
24agencies within the jurisdiction of the Secretary of State. The
25Executive Inspector General appointed by the Comptroller shall
26have jurisdiction over the Comptroller and all officers and

 

 

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1employees of, and vendors and others doing business with, State
2agencies within the jurisdiction of the Comptroller. The
3Executive Inspector General appointed by the Treasurer shall
4have jurisdiction over the Treasurer and all officers and
5employees of, and vendors and others doing business with, State
6agencies within the jurisdiction of the Treasurer. The
7Executive Inspector General appointed by the Governor shall
8have jurisdiction over (i) the Governor, (ii) the Lieutenant
9Governor, (iii) all officers and employees of, and vendors and
10others doing business with, executive branch State agencies
11under the jurisdiction of the Executive Ethics Commission and
12not within the jurisdiction of the Attorney General, the
13Secretary of State, the Comptroller, or the Treasurer, and (iv)
14all board members and employees of the Regional Transit Boards
15and all vendors and others doing business with the Regional
16Transit Boards.
17    The jurisdiction of each Executive Inspector General is to
18investigate allegations of fraud, waste, abuse, mismanagement,
19misconduct, nonfeasance, misfeasance, malfeasance, or
20violations of this Act or violations of other related laws and
21rules.
22    Each Executive Inspector General shall have jurisdiction
23over complainants in violation of subsection (e) of Section
2420-63 for disclosing a summary report prepared by the
25respective Executive Inspector General.
26    (d) The compensation for each Executive Inspector General

 

 

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1shall be determined by the Executive Ethics Commission and
2shall be made from appropriations made to the Comptroller for
3this purpose. Subject to Section 20-45 of this Act, each
4Executive Inspector General has full authority to organize his
5or her Office of the Executive Inspector General, including the
6employment and determination of the compensation of staff, such
7as deputies, assistants, and other employees, as
8appropriations permit. A separate appropriation shall be made
9for each Office of Executive Inspector General.
10    (e) No Executive Inspector General or employee of the
11Office of the Executive Inspector General may, during his or
12her term of appointment or employment:
13        (1) become a candidate for any elective office;
14        (2) hold any other elected or appointed public office
15    except for appointments on governmental advisory boards or
16    study commissions or as otherwise expressly authorized by
17    law;
18        (3) be actively involved in the affairs of any
19    political party or political organization; or
20        (4) advocate for the appointment of another person to
21    an appointed or elected office or position or actively
22    participate in any campaign for any elective office.
23    In this subsection an appointed public office means a
24position authorized by law that is filled by an appointing
25authority as provided by law and does not include employment by
26hiring in the ordinary course of business.

 

 

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1    (e-1) No Executive Inspector General or employee of the
2Office of the Executive Inspector General may, for one year
3after the termination of his or her appointment or employment:
4        (1) become a candidate for any elective office;
5        (2) hold any elected public office; or
6        (3) hold any appointed State, county, or local judicial
7    office.
8    (e-2) The requirements of item (3) of subsection (e-1) may
9be waived by the Executive Ethics Commission.
10    (f) An Executive Inspector General may be removed only for
11cause and may be removed only by the appointing constitutional
12officer. At the time of the removal, the appointing
13constitutional officer must report to the Executive Ethics
14Commission the justification for the removal.
15(Source: P.A. 96-555, eff. 8-18-09; 96-1528, eff. 7-1-11.)
 
16    (5 ILCS 430/20-50)
17    Sec. 20-50. Investigation reports.
18    (a) If an Executive Inspector General, upon the conclusion
19of an investigation, determines that reasonable cause exists to
20believe that a violation has occurred, then the Executive
21Inspector General shall issue a summary report of the
22investigation. The report shall be delivered to the appropriate
23ultimate jurisdictional authority and to the head of each State
24agency affected by or involved in the investigation, if
25appropriate. The appropriate ultimate jurisdictional authority

 

 

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1or agency head shall respond to the summary report within 20
2days, in writing, to the Executive Inspector General. The
3response shall include a description of any corrective or
4disciplinary action to be imposed. If the appropriate ultimate
5jurisdictional authority does not respond within 20 days, or
6within an extended time period as agreed to by the Executive
7Inspector General, an Executive Inspector General may proceed
8under subsection (c) as if a response had been received.
9    (b) The summary report of the investigation shall include
10the following:
11        (1) A description of any allegations or other
12    information received by the Executive Inspector General
13    pertinent to the investigation.
14        (2) A description of any alleged misconduct discovered
15    in the course of the investigation.
16        (3) Recommendations for any corrective or disciplinary
17    action to be taken in response to any alleged misconduct
18    described in the report, including but not limited to
19    discharge.
20        (4) Other information the Executive Inspector General
21    deems relevant to the investigation or resulting
22    recommendations.
23    (c) Within 30 days after receiving a response from the
24appropriate ultimate jurisdictional authority or agency head
25under subsection (a), the Executive Inspector General shall
26notify the Commission and the Attorney General if the Executive

 

 

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

 

 

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

 

 

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1report and response from the ultimate jurisdictional authority
2to the Attorney General for further investigation or review. If
3the Commission requests the Attorney General to investigate or
4review, the Commission must notify the Attorney General and the
5Inspector General. The Attorney General may not begin an
6investigation or review until receipt of notice from the
7Commission. If, after review, the Attorney General determines
8that reasonable cause exists to believe that a violation has
9occurred, then the Attorney General may file a complaint with
10the Executive Ethics Commission. If the Attorney General
11concludes that there is insufficient evidence that a violation
12has occurred, the Attorney General shall notify the Executive
13Ethics Commission and the appropriate Executive Inspector
14General.
15    (d) A copy of the complaint filed with the Executive Ethics
16Commission must be served on all respondents named in the
17complaint and on each respondent's ultimate jurisdictional
18authority in the same manner as process is served under the
19Code of Civil Procedure.
20    (e) A respondent may file objections to the complaint
21within 30 days after notice of the petition has been served on
22the respondent.
23    (f) The Commission shall meet, either in person or by
24telephone, at least 30 days after the complaint is served on
25all respondents in a closed session to review the sufficiency
26of the complaint. The Commission shall issue notice by

 

 

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

 

 

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1the Commission.
2    (j) The Commission may designate hearing officers to
3conduct proceedings as determined by rule of the Commission.
4    (k) In all proceedings before the Commission, the standard
5of proof is by a preponderance of the evidence.
6    (l) Within 30 days after the issuance of a final
7administrative decision that concludes that a violation
8occurred, the Executive Ethics Commission shall make public the
9entire record of proceedings before the Commission, the
10decision, any recommendation, any discipline imposed, and the
11response from the agency head or ultimate jurisdictional
12authority to the Executive Ethics Commission.
13(Source: P.A. 100-588, eff. 6-8-18.)
 
14    (5 ILCS 430/20-63 new)
15    Sec. 20-63. Rights of persons subjected to discrimination,
16harassment, or sexual harassment.
17    (a) As used in this Section, "complainant" means a known
18person identified in a complaint filed with an Executive
19Inspector General as a person subjected to alleged
20discrimination, harassment, or sexual harassment in violation
21of Section 5-65 of this Act, subsection (a) of Section 4.7 of
22the Lobbyist Registration Act, or Article 2 of the Illinois
23Human Rights Act, regardless of whether the complaint is filed
24by the person.
25    (b) A complainant shall have the following rights:

 

 

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1        (1) within 5 business days of the Executive Inspector
2    General receiving a complaint in which the complainant is
3    identified, to be notified by the Executive Inspector
4    General of the receipt of the complaint, the complainant's
5    rights, and an explanation of the process, rules, and
6    procedures related to the investigation of an allegation,
7    and the duties of the Executive Inspector General and the
8    Executive Ethics Commission;
9        (2) within 5 business days after the Executive
10    Inspector General's decision to open or close an
11    investigation into the complaint or refer the complaint to
12    another appropriate agency, to be notified of the Executive
13    Inspector General's decision; however, if the Executive
14    Inspector General reasonably determines that publicly
15    acknowledging the existence of an investigation would
16    interfere with the conduct or completion of that
17    investigation, the notification may be withheld until
18    public acknowledgment of the investigation would no longer
19    interfere with that investigation;
20        (3) to review statements and evidence given to the
21    Executive Inspector General by the complainant and the
22    Executive Inspector General's summarization of those
23    statements and evidence, if such summary exists. The
24    complainant may make suggestions of changes for the
25    Executive Inspector General's consideration, but the
26    Executive Inspector General shall have the final authority

 

 

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1    to determine what statements, evidence, and summaries are
2    included in any report of the investigation;
3        (4) to have a union representative, attorney,
4    co-worker, or other support person who is not involved in
5    the investigation, at the complainant's expense, present
6    at any interview or meeting, whether in person or by
7    telephone or audio-visual communication, between the
8    complainant and the Executive Inspector General or
9    Executive Ethics Commission;
10        (5) to submit an impact statement that shall be
11    included with the Executive Inspector General's summary
12    report to the Executive Ethics Commission for its
13    consideration;
14        (6) to testify at a hearing held under subsection (g)
15    of Section 20-50, to the extent the hearing is based on an
16    allegation of a violation of Section 5-65 of this Act or
17    subsection (a) of Section 4.7 of the Lobbyist Registration
18    Act involving the complainant, and have a single union
19    representative, attorney, co-worker, or other support
20    person who is not involved in the investigation, at the
21    complainant's expense, accompany him or her while
22    testifying;
23        (7) to review, within 5 business days prior to its
24    release, any portion of a summary report of the
25    investigation subject to public release under this Article
26    related to the allegations concerning the complainant,

 

 

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1    after redactions made by the Executive Ethics Commission,
2    and offer suggestions for redaction or provide a response
3    that shall be made public with the summary report; and
4        (8) to file a complaint with the Executive Ethics
5    Commission for any violation of the complainant's rights
6    under this Section by the Executive Inspector General.
7    (c) The complainant shall have the sole discretion in
8determining whether to exercise the rights set forth in this
9Section. All rights under this Section shall be waived if the
10complainant fails to cooperate with the Executive Inspector
11General's investigation of the complaint.
12    (d) The notice requirements imposed on Inspectors General
13by this Section shall be waived if the Inspector General is
14unable to identify or locate the complainant.
15    (e) A complainant receiving a copy of any summary report,
16in whole or in part, under this Section shall keep the report
17confidential and shall not disclose the report prior to the
18publication of the report by the Executive Ethics Commission. A
19complainant that violates this subsection (e) shall be subject
20to an administrative fine by the Executive Ethics Commission of
21up to $5,000.
 
22    (5 ILCS 430/25-5)
23    Sec. 25-5. Legislative Ethics Commission.
24    (a) The Legislative Ethics Commission is created.
25    (b) The Legislative Ethics Commission shall consist of 8

 

 

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1commissioners appointed 2 each by the President and Minority
2Leader of the Senate and the Speaker and Minority Leader of the
3House of Representatives.
4    The terms of the initial commissioners shall commence upon
5qualification. Each appointing authority shall designate one
6appointee who shall serve for a 2-year term running through
7June 30, 2005. Each appointing authority shall designate one
8appointee who shall serve for a 4-year term running through
9June 30, 2007. The initial appointments shall be made within 60
10days after the effective date of this Act.
11    After the initial terms, commissioners shall serve for
124-year terms commencing on July 1 of the year of appointment
13and running through June 30 of the fourth following year.
14Commissioners may be reappointed to one or more subsequent
15terms.
16    Vacancies occurring other than at the end of a term shall
17be filled by the appointing authority only for the balance of
18the term of the commissioner whose office is vacant.
19    Terms shall run regardless of whether the position is
20filled.
21    (c) The appointing authorities shall appoint commissioners
22who have experience holding governmental office or employment
23and may appoint commissioners who are members of the General
24Assembly as well as commissioners from the general public. A
25commissioner who is a member of the General Assembly must
26recuse himself or herself from participating in any matter

 

 

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

 

 

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1(iii) the Joint Committee on Legislative Support Services. The
2Legislative Ethics Commission shall have jurisdiction over
3complainants in violation of subsection (e) of Section 25-63.
4The jurisdiction of the Commission is limited to matters
5arising 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 her position as a commissioner shall be
21deemed vacant. Such person may not be reappointed to the
22Commission during any time he or she is a candidate for
23statewide office, federal 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. 100-588, eff. 6-8-18; revised 10-11-18.)
 
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, the Commission shall
6designate an Acting Legislative Inspector General who shall
7serve until the vacancy is filled. The Commission shall file
8the designation in writing with the Secretary of State.
9    Within 60 days prior to the end of the term of the
10Legislative Inspector General or within 30 days of the
11occurrence of a vacancy in the Office of the Legislative
12Inspector General, the Legislative Ethics Commission shall
13establish a four-member search committee within the Commission
14for the purpose of conducting a search for qualified candidates
15to serve as Legislative Inspector General. The Speaker of the
16House of Representatives, Minority Leader of the House, Senate
17President, and Minority Leader of the Senate shall each appoint
18one member to the search committee. A member of the search
19committee shall be either a retired judge or former prosecutor
20and may not be a member or employee of the General Assembly or
21a registered lobbyist. If the Legislative Ethics Commission
22wishes to recommend that the Legislative Inspector General be
23re-appointed, a search committee does not need to be appointed.
24    The search committee shall conduct a search for qualified
25candidates, accept applications, and conduct interviews. The
26search committee shall recommend up to 3 candidates for

 

 

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1Legislative Inspector General to the Legislative Ethics
2Commission. The search committee shall be disbanded upon an
3appointment of the Legislative Inspector General. Members of
4the search committee are not entitled to compensation but shall
5be entitled to reimbursement of reasonable expenses incurred in
6connection with the performance of their duties.
7    Within 30 days after the effective date of this amendatory
8Act of the 100th General Assembly, the Legislative Ethics
9Commission shall create a search committee in the manner
10provided for in this subsection to recommend up to 3 candidates
11for Legislative Inspector General to the Legislative Ethics
12Commission by October 31, 2018.
13    If a vacancy exists and the Commission has not appointed an
14Acting Legislative Inspector General, either the staff of the
15Office of the Legislative Inspector General, or if there is no
16staff, the Executive Director, shall advise the Commission of
17all open investigations and any new allegations or complaints
18received in the Office of the Inspector General. These reports
19shall not include the name of any person identified in the
20allegation or complaint, including, but not limited to, the
21subject of and the person filing the allegation or complaint.
22Notification shall be made to the Commission on a weekly basis
23unless the Commission approves of a different reporting
24schedule.
25    If the Office of the Inspector General is vacant for 6
26months or more beginning on or after January 1, 2019, and the

 

 

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

 

 

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1over complainants in violation of subsection (e) of Section
225-63 of this Act.
3    (d) The compensation of the Legislative Inspector General
4shall be the greater of an amount (i) determined by the
5Commission or (ii) by joint resolution of the General Assembly
6passed by a majority of members elected in each chamber.
7Subject to Section 25-45 of this Act, the Legislative Inspector
8General has full authority to organize the Office of the
9Legislative Inspector General, including the employment and
10determination of the compensation of staff, such as deputies,
11assistants, and other employees, as appropriations permit.
12Employment of staff is subject to the approval of at least 3 of
13the 4 legislative leaders.
14    (e) No Legislative Inspector General or employee of the
15Office of the Legislative Inspector General may, during his or
16her term of appointment or employment:
17        (1) become a candidate for any elective office;
18        (2) hold any other elected or appointed public office
19    except for appointments on governmental advisory boards or
20    study commissions or as otherwise expressly authorized by
21    law;
22        (3) be actively involved in the affairs of any
23    political party or political organization; or
24        (4) actively participate in any campaign for any
25    elective office.
26    A full-time Legislative Inspector General shall not engage

 

 

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1in the practice of law or any other business, employment, or
2vocation.
3    In this subsection an appointed public office means a
4position authorized by law that is filled by an appointing
5authority as provided by law and does not include employment by
6hiring in the ordinary course of business.
7    (e-1) No Legislative Inspector General or employee of the
8Office of the Legislative Inspector General may, for one year
9after the termination of his or her appointment or employment:
10        (1) become a candidate for any elective office;
11        (2) hold any elected public office; or
12        (3) hold any appointed State, county, or local judicial
13    office.
14    (e-2) The requirements of item (3) of subsection (e-1) may
15be waived by the Legislative Ethics Commission.
16    (f) The Commission may remove the Legislative Inspector
17General only for cause. At the time of the removal, the
18Commission must report to the General Assembly the
19justification for the removal.
20(Source: P.A. 100-588, eff. 6-8-18.)
 
21    (5 ILCS 430/25-50)
22    Sec. 25-50. Investigation reports.
23    (a) If the Legislative Inspector General, upon the
24conclusion of an investigation, determines that reasonable
25cause exists to believe that a violation has occurred, then the

 

 

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1Legislative Inspector General shall issue a summary report of
2the investigation. The report shall be delivered to the
3appropriate ultimate jurisdictional authority, to the head of
4each State agency affected by or involved in the investigation,
5if appropriate, and the member, if any, that is the subject of
6the report. The appropriate ultimate jurisdictional authority
7or agency head and the member, if any, that is the subject of
8the report shall respond to the summary report within 20 days,
9in writing, to the Legislative Inspector General. If the
10ultimate jurisdictional authority is the subject of the report,
11he or she may only respond to the summary report in his or her
12capacity as the subject of the report and shall not respond in
13his or her capacity as the ultimate jurisdictional authority.
14The response shall include a description of any corrective or
15disciplinary action to be imposed. If the appropriate ultimate
16jurisdictional authority or the member that is the subject of
17the report does not respond within 20 days, or within an
18extended time as agreed to by the Legislative Inspector
19General, the Legislative Inspector General may proceed under
20subsection (c) as if a response had been received. A member
21receiving and responding to a report under this Section shall
22be deemed to be acting in his or her official capacity.
23    (b) The summary report of the investigation shall include
24the following:
25        (1) A description of any allegations or other
26    information received by the Legislative Inspector General

 

 

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1    pertinent to the investigation.
2        (2) A description of any alleged misconduct discovered
3    in the course of the investigation.
4        (3) Recommendations for any corrective or disciplinary
5    action to be taken in response to any alleged misconduct
6    described in the report, including but not limited to
7    discharge.
8        (4) Other information the Legislative Inspector
9    General deems relevant to the investigation or resulting
10    recommendations.
11    (c) Within 30 days after receiving a response from the
12appropriate ultimate jurisdictional authority or agency head
13under subsection (a), the Legislative Inspector General shall
14notify the Commission and the Attorney General if the
15Legislative Inspector General believes that a complaint should
16be filed with the Commission. If the Legislative Inspector
17General desires to file a complaint with the Commission, the
18Legislative Inspector General shall submit the summary report
19and supporting documents to the Attorney General. If the
20Attorney General concludes that there is insufficient evidence
21that a violation has occurred, the Attorney General shall
22notify the Legislative Inspector General and the Legislative
23Inspector General shall deliver to the Legislative Ethics
24Commission a copy of the summary report and response from the
25ultimate jurisdictional authority or agency head. If the
26Attorney General determines that reasonable cause exists to

 

 

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1believe that a violation has occurred, then the Legislative
2Inspector General, represented by the Attorney General, may
3file with the Legislative Ethics Commission a complaint. The
4complaint shall set forth the alleged violation and the grounds
5that exist to support the complaint. Except as provided under
6subsection (1.5) of Section 20, the complaint must be filed
7with the Commission within 12 months after the Legislative
8Inspector General's receipt of the allegation of the violation
918 months after the most recent act of the alleged violation or
10of a series of alleged violations except where there is
11reasonable cause to believe that fraudulent concealment has
12occurred. To constitute fraudulent concealment sufficient to
13toll this limitations period, there must be an affirmative act
14or representation calculated to prevent discovery of the fact
15that a violation has occurred. If a complaint is not filed with
16the Commission within 6 months after notice by the Inspector
17General to the Commission and the Attorney General, then the
18Commission may set a meeting of the Commission at which the
19Attorney General shall appear and provide a status report to
20the Commission.
21    (c-5) Within 30 days after receiving a response from the
22appropriate ultimate jurisdictional authority or agency head
23under subsection (a), if the Legislative Inspector General does
24not believe that a complaint should be filed, the Legislative
25Inspector General shall deliver to the Legislative Ethics
26Commission a statement setting forth the basis for the decision

 

 

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1not to file a complaint and a copy of the summary report and
2response from the ultimate jurisdictional authority or agency
3head. The Inspector General may also submit a redacted version
4of the summary report and response from the ultimate
5jurisdictional authority if the Inspector General believes
6either contains information that, in the opinion of the
7Inspector General, should be redacted prior to releasing the
8report, may interfere with an ongoing investigation, or
9identifies an informant or complainant.
10    (c-10) If, after reviewing the documents, the Commission
11believes that further investigation is warranted, the
12Commission may request that the Legislative Inspector General
13provide additional information or conduct further
14investigation. The Commission may also refer the summary report
15and response from the ultimate jurisdictional authority to the
16Attorney General for further investigation or review. If the
17Commission requests the Attorney General to investigate or
18review, the Commission must notify the Attorney General and the
19Legislative Inspector General. The Attorney General may not
20begin an investigation or review until receipt of notice from
21the Commission. If, after review, the Attorney General
22determines that reasonable cause exists to believe that a
23violation has occurred, then the Attorney General may file a
24complaint with the Legislative Ethics Commission. If the
25Attorney General concludes that there is insufficient evidence
26that a violation has occurred, the Attorney General shall

 

 

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1notify the Legislative Ethics Commission and the appropriate
2Legislative Inspector General.
3    (d) A copy of the complaint filed with the Legislative
4Ethics Commission must be served on all respondents named in
5the complaint and on each respondent's ultimate jurisdictional
6authority in the same manner as process is served under the
7Code of Civil Procedure.
8    (e) A respondent may file objections to the complaint
9within 30 days after notice of the petition has been served on
10the respondent.
11    (f) The Commission shall meet, at least 30 days after the
12complaint is served on all respondents either in person or by
13telephone, in a closed session to review the sufficiency of the
14complaint. The Commission shall issue notice by certified mail,
15return receipt requested, to the Legislative Inspector
16General, the Attorney General, and all respondents of the
17Commission's ruling on the sufficiency of the complaint. If the
18complaint is deemed to sufficiently allege a violation of this
19Act, then the Commission shall include a hearing date scheduled
20within 4 weeks after the date of the notice, unless all of the
21parties consent to a later date. If the complaint is deemed not
22to sufficiently allege a violation, then the Commission shall
23send by certified mail, return receipt requested, a notice to
24the Legislative Inspector General, the Attorney General, and
25all respondents the decision to dismiss the complaint.
26    (g) On the scheduled date the Commission shall conduct a

 

 

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1closed meeting, either in person or, if the parties consent, by
2telephone, on the complaint and allow all parties the
3opportunity to present testimony and evidence. All such
4proceedings shall be transcribed.
5    (h) Within an appropriate time limit set by rules of the
6Legislative Ethics Commission, the Commission shall (i)
7dismiss the complaint, (ii) issue a recommendation of
8discipline to the respondent and the respondent's ultimate
9jurisdictional authority, (iii) impose an administrative fine
10upon the respondent, (iv) issue injunctive relief as described
11in Section 50-10, or (v) impose a combination of (ii) through
12(iv).
13    (i) The proceedings on any complaint filed with the
14Commission shall be conducted pursuant to rules promulgated by
15the Commission.
16    (j) The Commission may designate hearing officers to
17conduct proceedings as determined by rule of the Commission.
18    (k) In all proceedings before the Commission, the standard
19of proof is by a preponderance of the evidence.
20    (l) Within 30 days after the issuance of a final
21administrative decision that concludes that a violation
22occurred, the Legislative Ethics Commission shall make public
23the entire record of proceedings before the Commission, the
24decision, any recommendation, any discipline imposed, and the
25response from the agency head or ultimate jurisdictional
26authority to the Legislative Ethics Commission.

 

 

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1(Source: P.A. 100-588, eff. 6-8-18.)
 
2    (5 ILCS 430/25-63 new)
3    Sec. 25-63. Rights of persons subjected to discrimination,
4harassment, or sexual harassment.
5    (a) As used in this Section, "complainant" means a known
6person identified in a complaint filed with the Legislative
7Inspector General as a person subjected to alleged
8discrimination, harassment, or sexual harassment in violation
9of Section 5-65 of this Act or Article 2 of the Illinois Human
10Rights Act, regardless of whether the complaint is filed by the
11person.
12    (b) A complainant shall have the following rights:
13        (1) within 5 business days of the Legislative Inspector
14    General receiving a complaint in which the complainant is
15    identified, to be notified by the Legislative Inspector
16    General of the receipt of the complaint, the complainant's
17    rights, and an explanation of the process, rules, and
18    procedures related to the investigating an allegation, and
19    the duties of the Legislative Inspector General and the
20    Legislative Ethics Commission;
21        (2) within 5 business days after the Legislative
22    Inspector General's decision to open or close an
23    investigation into the complaint or refer the complaint to
24    another appropriate agency, to be notified of the
25    Legislative Inspector General's decision; however, if the

 

 

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1    Legislative Inspector General reasonably determines that
2    publicly acknowledging the existence of an investigation
3    would interfere with the conduct or completion of that
4    investigation, the notification may be withheld until
5    public acknowledgment of the investigation would no longer
6    interfere with that investigation;
7        (3) to review statements and evidence given to the
8    Legislative Inspector General by the complainant and the
9    Legislative Inspector General's summarization of those
10    statements and evidence, if such summary exists. The
11    complainant may make suggestions of changes for the
12    Legislative Inspector General's consideration, but the
13    Legislative Inspector General shall have the final
14    authority to determine what statements, evidence, and
15    summaries are included in any report of the investigation;
16        (4) to have a union representative, attorney,
17    co-worker, or other support person who is not involved in
18    the investigation, at the complainant's expense, present
19    at any interview or meeting, whether in person or by
20    telephone or audio-visual communication, between the
21    complainant and the Legislative Inspector General or
22    Legislative Ethics Commission;
23        (5) to submit a complainant impact statement that shall
24    be included with the Legislative Inspector General's
25    summary report to the Legislative Ethics Commission for its
26    consideration;

 

 

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1        (6) to testify at a hearing held under subsection (g)
2    of Section 25-50, to the extent the hearing is based on an
3    allegation of a violation of Section 5-65 of this Act
4    involving the complainant, and have a single union
5    representative, attorney, co-worker, or other support
6    person who is not involved in the investigation, at the
7    complainant's expense, accompany him or her while
8    testifying;
9        (7) to review, within 5 business days prior to its
10    release, any portion of a summary report of the
11    investigation subject to public release under this Article
12    related to the allegations concerning the complainant,
13    after redactions made by the Legislative Ethics
14    Commission, and offer suggestions for redaction or provide
15    a response that shall be made public with the summary
16    report; and
17        (8) to file a complaint with the Legislative Ethics
18    Commission for any violation of the complainant's rights
19    under this Section by the Legislative Inspector General.
20    (c) The complainant shall have the sole discretion in
21determining whether or not to exercise the rights set forth in
22this Section. All rights under this Section shall be waived if
23the complainant fails to cooperate with the Legislative
24Inspector General's investigation of the complaint.
25    (d) The notice requirements imposed on the Legislative
26Inspector General by this Section shall be waived if the

 

 

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1Legislative Inspector General is unable to identify or locate
2the complainant.
3    (e) A complainant receiving a copy of any summary report,
4in whole or in part, under this Section shall keep the report
5confidential and shall not disclose the report prior to the
6publication of the report by the Legislative Ethics Commission.
7A complainant that violates this subsection (e) shall be
8subject to an administrative fine by the Legislative Ethics
9Commission of up to $5,000.
 
10    (5 ILCS 430/70-5)
11    Sec. 70-5. Adoption by governmental entities.
12    (a) Within 6 months after the effective date of this Act,
13each governmental entity other than a community college
14district, and each community college district within 6 months
15after the effective date of this amendatory Act of the 95th
16General Assembly, shall adopt an ordinance or resolution that
17regulates, in a manner no less restrictive than Section 5-15
18and Article 10 of this Act, (i) the political activities of
19officers and employees of the governmental entity and (ii) the
20soliciting and accepting of gifts by and the offering and
21making of gifts to officers and employees of the governmental
22entity. No later than 60 days after the effective date of this
23amendatory Act of the 100th General Assembly, each governmental
24unit shall adopt an ordinance or resolution establishing a
25policy to prohibit sexual harassment. The policy shall include,

 

 

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1at a minimum: (i) a prohibition on sexual harassment; (ii)
2details on how an individual can report an allegation of sexual
3harassment, including options for making a confidential report
4to a supervisor, ethics officer, Inspector General, or the
5Department of Human Rights; (iii) a prohibition on retaliation
6for reporting sexual harassment allegations, including
7availability of whistleblower protections under this Act, the
8Whistleblower Act, and the Illinois Human Rights Act; and (iv)
9the consequences of a violation of the prohibition on sexual
10harassment and the consequences for knowingly making a false
11report. Within 6 months after the effective date of this
12amendatory Act of the 101st General Assembly, each governmental
13unit that is not subject to the jurisdiction of a State or
14local Inspector General shall adopt an ordinance or resolution
15amending its sexual harassment policy to provide for a
16mechanism for reporting and independent review of allegations
17of sexual harassment made against an elected official of the
18governmental unit by another elected official of a governmental
19unit.
20    (b) Within 3 months after the effective date of this
21amendatory Act of the 93rd General Assembly, the Attorney
22General shall develop model ordinances and resolutions for the
23purpose of this Article. The Attorney General shall advise
24governmental entities on their contents and adoption.
25    (c) As used in this Article, (i) an "officer" means an
26elected or appointed official; regardless of whether the

 

 

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1official is compensated, and (ii) an "employee" means a
2full-time, part-time, or contractual employee.
3(Source: P.A. 100-554, eff. 11-16-17.)
 
4    Section 6-15. The Lobbyist Registration Act is amended by
5changing Section 4.7 as follows:
 
6    (25 ILCS 170/4.7)
7    Sec. 4.7. Prohibition on sexual harassment.
8    (a) All persons have the right to work in an environment
9free from sexual harassment. All persons subject to this Act
10shall refrain from sexual harassment of any person.
11    (b) Until January 1, 2020 Beginning January 1, 2018, each
12natural person required to register as a lobbyist under this
13Act must complete, at least annually, a sexual harassment
14training program provided by the Secretary of State. A natural
15person registered under this Act must complete the training
16program no later than 30 days after registration or renewal
17under this Act. This requirement does not apply to a lobbying
18entity or a client that hires a lobbyist that (i) does not have
19employees of the lobbying entity or client registered as
20lobbyists, or (ii) does not have an actual presence in
21Illinois.
22    (b-5) Beginning January 1, 2020, each natural person
23required to register as a lobbyist under this Act must
24complete, at least annually, a harassment and discrimination

 

 

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1prevention training program provided by the Secretary of State.
2A natural person registered under this Act must complete the
3training program no later than 30 days after registration or
4renewal under this Act. This requirement does not apply to a
5lobbying entity or a client that hires a lobbyist that (i) does
6not have employees of the lobbying entity or client registered
7as lobbyists, or (ii) does not have an actual presence in
8Illinois. For the purposes of this subsection, "unlawful
9discrimination" and "harassment" mean unlawful discrimination
10and harassment prohibited under Section 2-102 of the Illinois
11Human Rights Act.
12    (c) No later than January 1, 2018, each natural person and
13any entity required to register under this Act shall have a
14written sexual harassment policy that shall include, at a
15minimum: (i) a prohibition on sexual harassment; (ii) details
16on how an individual can report an allegation of sexual
17harassment, including options for making a confidential report
18to a supervisor, ethics officer, Inspector General, or the
19Department of Human Rights; (iii) a prohibition on retaliation
20for reporting sexual harassment allegations, including
21availability of whistleblower protections under the State
22Officials and Employee Ethics Act, the Whistleblower Act, and
23the Illinois Human Rights Act; and (iv) the consequences of a
24violation of the prohibition on sexual harassment and the
25consequences for knowingly making a false report.
26    (d) For purposes of this Act, "sexual harassment" means any

 

 

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1unwelcome sexual advances or requests for sexual favors or any
2conduct of a sexual nature when: (i) submission to such conduct
3is made either explicitly or implicitly a term or condition of
4an individual's employment; (ii) submission to or rejection of
5such conduct by an individual is used as the basis for
6employment decisions affecting such individual; or (iii) such
7conduct has the purpose or effect of substantially interfering
8with an individual's work performance or creating an
9intimidating, hostile, or offensive working environment. For
10the purposes of this definition, the phrase "working
11environment" is not limited to a physical location an employee
12is assigned to perform his or her duties and does not require
13an employment relationship.
14    (e) The Secretary of State shall adopt rules for the
15implementation of this Section. In order to provide for the
16expeditious and timely implementation of this Section, the
17Secretary of State shall adopt emergency rules under subsection
18(z) of Section 5-45 of the Illinois Administrative Procedure
19Act for the implementation of this Section no later than 60
20days after the effective date of this amendatory Act of the
21100th General Assembly.
22(Source: P.A. 100-554, eff. 11-16-17.)
 
23
Article 99.

 
24    Section 99-97. Severability. The provisions of this Act are

 

 

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1severable under Section 1.31 of the Statute on Statutes.
 
2    Section 99-99. Effective date. This Act takes effect
3January 1, 2020, except that: (i) Article 5 takes effect July
41, 2020; and (ii) Article 6 and this Article take effect upon
5becoming law.