HB0138enr 100TH GENERAL ASSEMBLY



 


 
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1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The State Officials and Employees Ethics Act is
5amended by changing Sections 20-20, 20-50, 20-85, 20-90, 25-5,
625-10, 25-15, 25-20, 25-50, 25-70, 25-85, 25-90, 25-95, and
750-5 and by adding Sections 25-100 and 25-105 as follows:
 
8    (5 ILCS 430/20-20)
9    Sec. 20-20. Duties of the Executive Inspectors General. In
10addition to duties otherwise assigned by law, each Executive
11Inspector General shall have the following duties:
12        (1) To receive and investigate allegations of
13    violations of this Act. An investigation may not be
14    initiated more than one year after the most recent act of
15    the alleged violation or of a series of alleged violations
16    except where there is reasonable cause to believe that
17    fraudulent concealment has occurred. To constitute
18    fraudulent concealment sufficient to toll this limitations
19    period, there must be an affirmative act or representation
20    calculated to prevent discovery of the fact that a
21    violation has occurred. The Executive Inspector General
22    shall have the discretion to determine the appropriate
23    means of investigation as permitted by law.

 

 

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1        (2) To request information relating to an
2    investigation from any person when the Executive Inspector
3    General deems that information necessary in conducting an
4    investigation.
5        (3) To issue subpoenas to compel the attendance of
6    witnesses for the purposes of testimony and production of
7    documents and other items for inspection and copying and to
8    make service of those subpoenas and subpoenas issued under
9    item (7) of Section 20-15.
10        (4) To submit reports as required by this Act.
11        (5) To file pleadings in the name of the Executive
12    Inspector General with the Executive Ethics Commission,
13    through the Attorney General, as provided in this Article
14    if the Attorney General finds that reasonable cause exists
15    to believe that a violation has occurred.
16        (6) To assist and coordinate the ethics officers for
17    State agencies under the jurisdiction of the Executive
18    Inspector General and to work with those ethics officers.
19        (7) To participate in or conduct, when appropriate,
20    multi-jurisdictional investigations.
21        (8) To request, as the Executive Inspector General
22    deems appropriate, from ethics officers of State agencies
23    under his or her jurisdiction, reports or information on
24    (i) the content of a State agency's ethics training program
25    and (ii) the percentage of new officers and employees who
26    have completed ethics training.

 

 

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1        (9) To review hiring and employment files of each State
2    agency within the Executive Inspector General's
3    jurisdiction to ensure compliance with Rutan v. Republican
4    Party of Illinois, 497 U.S. 62 (1990), and with all
5    applicable employment laws.
6        (10) To establish a policy that ensures the appropriate
7    handling and correct recording of all investigations
8    conducted by the Office, and to ensure that the policy is
9    accessible via the Internet in order that those seeking to
10    report those allegations are familiar with the process and
11    that the subjects of those allegations are treated fairly.
12        (11) To post information to the Executive Inspector
13    General's website explaining to complainants and subjects
14    of an investigation the legal limitations on the Executive
15    Inspector General's ability to provide information to them
16    and a general overview of the investigation process.
17(Source: P.A. 96-555, eff. 8-18-09.)
 
18    (5 ILCS 430/20-50)
19    Sec. 20-50. Investigation reports.
20    (a) If an Executive Inspector General, upon the conclusion
21of an investigation, determines that reasonable cause exists to
22believe that a violation has occurred, then the Executive
23Inspector General shall issue a summary report of the
24investigation. The report shall be delivered to the appropriate
25ultimate jurisdictional authority and to the head of each State

 

 

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

 

 

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1under subsection (a), the Executive Inspector General shall
2notify the Commission and the Attorney General if the Executive
3Inspector General believes that a complaint should be filed
4with the Commission. If the Executive Inspector General desires
5to file a complaint with the Commission, the Executive
6Inspector General shall submit the summary report and
7supporting documents to the Attorney General. If the Attorney
8General concludes that there is insufficient evidence that a
9violation has occurred, the Attorney General shall notify the
10Executive Inspector General and the Executive Inspector
11General shall deliver to the Executive Ethics Commission a copy
12of the summary report and response from the ultimate
13jurisdictional authority or agency head. If the Attorney
14General determines that reasonable cause exists to believe that
15a violation has occurred, then the Executive Inspector General,
16represented by the Attorney General, may file with the
17Executive Ethics Commission a complaint. The complaint shall
18set forth the alleged violation and the grounds that exist to
19support the complaint. The complaint must be filed with the
20Commission within 18 months after the most recent act of the
21alleged violation or of a series of alleged violations except
22where there is reasonable cause to believe that fraudulent
23concealment has occurred. To constitute fraudulent concealment
24sufficient to toll this limitations period, there must be an
25affirmative act or representation calculated to prevent
26discovery of the fact that a violation has occurred. If a

 

 

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1complaint is not filed with the Commission within 6 months
2after notice by the Inspector General to the Commission and the
3Attorney General, then the Commission may set a meeting of the
4Commission at which the Attorney General shall appear and
5provide a status report to the 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. 96-555, eff. 8-18-09.)
 
14    (5 ILCS 430/20-85)
15    Sec. 20-85. Monthly reports by Executive Inspector
16General. Each Executive Inspector General shall submit monthly
17reports to the appropriate executive branch constitutional
18officer, on dates determined by the executive branch
19constitutional officer, indicating:
20        (1) the total number of allegations received since the
21    date of the last report and the total number of allegations
22    received since the date of the last report by category of
23    claim;
24        (2) the total number of investigations initiated since
25    the date of the last report and the total number of

 

 

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1    investigations initiated since the date of the last report
2    by category of claim;
3        (3) the total number of investigations concluded since
4    the date of the last report and the total number of
5    investigations concluded since the date of the last report
6    by category of claim;
7        (4) the total number of investigations pending as of
8    the reporting date and the total number of investigations
9    pending as of the reporting date by category of claim;
10        (5) the total number of complaints forwarded to the
11    Attorney General since the date of the last report;
12        (6) the total number of actions filed with the
13    Executive Ethics Commission since the date of the last
14    report, and the total number of actions pending before the
15    Executive Ethics Commission as of the reporting date , the
16    total number of actions filed with the Executive Ethics
17    Commission since the date of the last report by category of
18    claim, and the total number of actions pending before the
19    Executive Ethics Commission as of the reporting date by
20    category of claim; and
21        (7) the total number of allegations referred to any law
22    enforcement agency since the date of the last report; .
23        (8) the total number of allegations referred to another
24    investigatory body since the date of the last report; and
25        (9) the cumulative number of each of the foregoing for
26    the current calendar year.

 

 

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1    For the purposes of this Section, "category of claim" shall
2include discrimination claims, harassment claims, sexual
3harassment claims, retaliation claims, gift ban claims,
4prohibited political activity claims, revolving door
5prohibition claims, and other, miscellaneous, or
6uncharacterized claims.
7    The monthly report shall be available on the websites of
8the Executive Inspector General and the constitutional
9officer.
10(Source: P.A. 96-555, eff. 8-18-09.)
 
11    (5 ILCS 430/20-90)
12    Sec. 20-90. Confidentiality.
13    (a) The identity of any individual providing information or
14reporting any possible or alleged misconduct to an Executive
15Inspector General or the Executive Ethics Commission shall be
16kept confidential and may not be disclosed without the consent
17of that individual, unless the individual consents to
18disclosure of his or her name or disclosure of the individual's
19identity is otherwise required by law. The confidentiality
20granted by this subsection does not preclude the disclosure of
21the identity of a person in any capacity other than as the
22source of an allegation.
23    (b) Subject to the provisions of Section 20-52,
24commissioners, employees, and agents of the Executive Ethics
25Commission, the Executive Inspectors General, and employees

 

 

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1and agents of each Office of an Executive Inspector General,
2the Attorney General, and the employees and agents of the
3office of the Attorney General shall keep confidential and
4shall not disclose information exempted from disclosure under
5the Freedom of Information Act or by this Act, provided the
6identity of any individual providing information or reporting
7any possible or alleged misconduct to the Executive Inspector
8General for the Governor may be disclosed to an Inspector
9General appointed or employed by a Regional Transit Board in
10accordance with Section 75-10.
11    (c) In his or her discretion, an Executive Inspector
12General may notify complainants and subjects of an
13investigation with an update on the status of the respective
14investigation, including when the investigation is opened and
15closed.
16(Source: P.A. 96-555, eff. 8-18-09; 96-1528, eff. 7-1-11.)
 
17    (5 ILCS 430/25-5)
18    Sec. 25-5. Legislative Ethics Commission.
19    (a) The Legislative Ethics Commission is created.
20    (b) The Legislative Ethics Commission shall consist of 8
21commissioners appointed 2 each by the President and Minority
22Leader of the Senate and the Speaker and Minority Leader of the
23House of Representatives.
24    The terms of the initial commissioners shall commence upon
25qualification. Each appointing authority shall designate one

 

 

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1appointee who shall serve for a 2-year term running through
2June 30, 2005. Each appointing authority shall designate one
3appointee who shall serve for a 4-year term running through
4June 30, 2007. The initial appointments shall be made within 60
5days after the effective date of this Act.
6    After the initial terms, commissioners shall serve for
74-year terms commencing on July 1 of the year of appointment
8and running through June 30 of the fourth following year.
9Commissioners may be reappointed to one or more subsequent
10terms.
11    Vacancies occurring other than at the end of a term shall
12be filled by the appointing authority only for the balance of
13the term of the commissioner whose office is vacant.
14    Terms shall run regardless of whether the position is
15filled.
16    (c) The appointing authorities shall appoint commissioners
17who have experience holding governmental office or employment
18and may appoint commissioners who are members of the General
19Assembly as well as commissioners from the general public. A
20commissioner who is a member of the General Assembly must
21recuse himself or herself from participating in any matter
22relating to any investigation or proceeding in which he or she
23is the subject or is a complainant. A person is not eligible to
24serve as a commissioner if that person (i) has been convicted
25of a felony or a crime of dishonesty or moral turpitude, (ii)
26is, or was within the preceding 12 months, engaged in

 

 

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1activities that require registration under the Lobbyist
2Registration Act, (iii) is a relative of the appointing
3authority, or (iv) is a State officer or employee other than a
4member of the General Assembly, or (v) is a candidate for
5statewide office, federal office, or judicial office.
6    (c-5) If a commissioner is required to recuse himself or
7herself from participating in a matter as provided in
8subsection (c), the recusal shall create a temporary vacancy
9for the limited purpose of consideration of the matter for
10which the commissioner recused himself or herself, and the
11appointing authority for the recusing commissioner shall make a
12temporary appointment to fill the vacancy for consideration of
13the matter for which the commissioner recused himself or
14herself.
15    (d) The Legislative Ethics Commission shall have
16jurisdiction over current and former members of the General
17Assembly regarding events occurring during a member's term of
18office and current and former all State employees regarding
19events occurring during any period of employment where the
20State employee's whose ultimate jurisdictional authority is
21(i) a legislative leader, (ii) the Senate Operations
22Commission, or (iii) the Joint Committee on Legislative Support
23Services. The jurisdiction of the Commission is limited to
24matters arising under this Act.
25    An officer or executive branch State employee serving on a
26legislative branch board or commission remains subject to the

 

 

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1jurisdiction of the Executive Ethics Commission and is not
2subject to the jurisdiction of the Legislative Ethics
3Commission.
4    (e) The Legislative Ethics Commission must meet, either in
5person or by other technological means, monthly or as often as
6necessary. At the first meeting of the Legislative Ethics
7Commission, the commissioners shall choose from their number a
8chairperson and other officers that they deem appropriate. The
9terms of officers shall be for 2 years commencing July 1 and
10running through June 30 of the second following year. Meetings
11shall be held at the call of the chairperson or any 3
12commissioners. Official action by the Commission shall require
13the affirmative vote of 5 commissioners, and a quorum shall
14consist of 5 commissioners. Commissioners shall receive no
15compensation but may be reimbursed for their reasonable
16expenses actually incurred in the performance of their duties.
17    (f) No commissioner, other than a commissioner who is a
18member of the General Assembly, or employee of the Legislative
19Ethics Commission may during his or her term of appointment or
20employment:
21        (1) become a candidate for any elective office;
22        (2) hold any other elected or appointed public office
23    except for appointments on governmental advisory boards or
24    study commissions or as otherwise expressly authorized by
25    law;
26        (3) be actively involved in the affairs of any

 

 

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1    political party or political organization; or
2        (4) advocate for the appointment of another person to
3    an appointed or elected office or position or actively
4    participate in any campaign for any elective office.
5    (f-5) No commissioner who is a member of the General
6Assembly may be a candidate for statewide office, federal
7office, or judicial office. If a commissioner who is a member
8of the General Assembly files petitions to be a candidate for a
9statewide office, federal office, or judicial office, he or she
10shall be deemed to have resigned from his or her position as a
11commissioner on the date his or her name is certified for the
12ballot by the State Board of Elections or local election
13authority and his or position as a commissioner shall be deemed
14vacant. Such person may not be reappointed to the Commission
15during any time he or she is a candidate for statewide office,
16federal office, or judicial office.
17    (g) An appointing authority may remove a commissioner only
18for cause.
19    (h) The Legislative Ethics Commission shall appoint an
20Executive Director subject to the approval of at least 3 of the
214 legislative leaders. The compensation of the Executive
22Director shall be as determined by the Commission. The
23Executive Director of the Legislative Ethics Commission may
24employ, subject to the approval of at least 3 of the 4
25legislative leaders, and determine the compensation of staff,
26as appropriations permit.

 

 

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1    (i) In consultation with the Legislative Inspector
2General, the Legislative Ethics Commission may develop
3comprehensive training for members and employees under its
4jurisdiction that includes, but is not limited to, sexual
5harassment, employment discrimination, and workplace civility.
6The training may be recommended to the ultimate jurisdictional
7authorities and may be approved by the Commission to satisfy
8the sexual harassment training required under Section 5-10.5 or
9be provided in addition to the annual sexual harassment
10training required under Section 5-10.5. The Commission may seek
11input from governmental agencies or private entities for
12guidance in developing such training.
13(Source: P.A. 96-555, eff. 8-18-09.)
 
14    (5 ILCS 430/25-10)
15    Sec. 25-10. Office of Legislative Inspector General.
16    (a) The independent Office of the Legislative Inspector
17General is created. The Office shall be under the direction and
18supervision of the Legislative Inspector General and shall be a
19fully independent office with its own appropriation.
20    (b) The Legislative Inspector General shall be appointed
21without regard to political affiliation and solely on the basis
22of integrity and demonstrated ability. The Legislative Ethics
23Commission shall diligently search out qualified candidates
24for Legislative Inspector General and shall make
25recommendations to the General Assembly. The Legislative

 

 

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1Inspector General may serve in a full-time, part-time, or
2contractual capacity.
3    The Legislative Inspector General shall be appointed by a
4joint resolution of the Senate and the House of
5Representatives, which may specify the date on which the
6appointment takes effect. A joint resolution, or other document
7as may be specified by the Joint Rules of the General Assembly,
8appointing the Legislative Inspector General must be certified
9by the Speaker of the House of Representatives and the
10President of the Senate as having been adopted by the
11affirmative vote of three-fifths of the members elected to each
12house, respectively, and be filed with the Secretary of State.
13The appointment of the Legislative Inspector General takes
14effect on the day the appointment is completed by the General
15Assembly, unless the appointment specifies a later date on
16which it is to become effective.
17    The Legislative Inspector General shall have the following
18qualifications:
19        (1) has not been convicted of any felony under the laws
20    of this State, another state, or the United States;
21        (2) has earned a baccalaureate degree from an
22    institution of higher education; and
23        (3) has 5 or more years of cumulative service (A) with
24    a federal, State, or local law enforcement agency, at least
25    2 years of which have been in a progressive investigatory
26    capacity; (B) as a federal, State, or local prosecutor; (C)

 

 

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1    as a senior manager or executive of a federal, State, or
2    local agency; (D) as a member, an officer, or a State or
3    federal judge; or (E) representing any combination of (A)
4    through (D).
5    The Legislative Inspector General may not be a relative of
6a commissioner.
7    The term of the initial Legislative Inspector General shall
8commence upon qualification and shall run through June 30,
92008.
10    After the initial term, the Legislative Inspector General
11shall serve for 5-year terms commencing on July 1 of the year
12of appointment and running through June 30 of the fifth
13following year. The Legislative Inspector General may be
14reappointed to one or more subsequent terms. Terms shall run
15regardless of whether the position is filled.
16    (b-5) A vacancy occurring other than at the end of a term
17shall be filled in the same manner as an appointment only for
18the balance of the term of the Legislative Inspector General
19whose office is vacant. Within 7 days of the Office becoming
20vacant or receipt of a Legislative Inspector General's
21prospective resignation, the vacancy shall be publicly posted
22on the Commission's website, along with a description of the
23requirements for the position and where applicants may apply.
24    Within 45 days of the vacancy, If the Office is vacant, or
25if a Legislative Inspector General resigns, the Commission
26shall designate an Acting Legislative Inspector General who

 

 

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1shall serve until the vacancy is filled. The Commission shall
2file the designation in writing with the Secretary of State.
3    Within 60 days prior to the end of the term of the
4Legislative Inspector General or within 30 days of the
5occurrence of a vacancy in the Office of the Legislative
6Inspector General, the Legislative Ethics Commission shall
7establish a four-member search committee within the Commission
8for the purpose of conducting a search for qualified candidates
9to serve as Legislative Inspector General. The Speaker of the
10House of Representatives, Minority Leader of the House, Senate
11President, and Minority Leader of the Senate shall each appoint
12one member to the search committee. A member of the search
13committee shall be either a retired judge or former prosecutor
14and may not be a member or employee of the General Assembly or
15a registered lobbyist. If the Legislative Ethics Commission
16wishes to recommend that the Legislative Inspector General be
17re-appointed, a search committee does not need to be appointed.
18    The search committee shall conduct a search for qualified
19candidates, accept applications, and conduct interviews. The
20search committee shall recommend up to 3 candidates for
21Legislative Inspector General to the Legislative Ethics
22Commission. The search committee shall be disbanded upon an
23appointment of the Legislative Inspector General. Members of
24the search committee are not entitled to compensation but shall
25be entitled to reimbursement of reasonable expenses incurred in
26connection with the performance of their duties.

 

 

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

 

 

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1of this Act, and shall be subject to all laws and rules
2governing a Legislative Inspector General or Acting
3Legislative Inspector General. The authority for the Inspector
4General of the Auditor General under this paragraph shall
5terminate upon appointment of a Legislative Inspector General
6or an Acting Legislative Inspector General.
7    Terms shall run regardless of whether the position is
8filled.
9    (c) The Legislative Inspector General shall have
10jurisdiction over the current and former members of the General
11Assembly regarding events occurring during a member's term of
12office and current and former all State employees regarding
13events occurring during any period of employment where the
14State employee's whose ultimate jurisdictional authority is
15(i) a legislative leader, (ii) the Senate Operations
16Commission, or (iii) the Joint Committee on Legislative Support
17Services.
18    The jurisdiction of each Legislative Inspector General is
19to investigate allegations of fraud, waste, abuse,
20mismanagement, misconduct, nonfeasance, misfeasance,
21malfeasance, or violations of this Act or violations of other
22related laws and rules.
23    (d) The compensation of the Legislative Inspector General
24shall be the greater of an amount (i) determined by the
25Commission or (ii) by joint resolution of the General Assembly
26passed by a majority of members elected in each chamber.

 

 

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1Subject to Section 25-45 of this Act, the Legislative Inspector
2General has full authority to organize the Office of the
3Legislative Inspector General, including the employment and
4determination of the compensation of staff, such as deputies,
5assistants, and other employees, as appropriations permit.
6Employment of staff is subject to the approval of at least 3 of
7the 4 legislative leaders.
8    (e) No Legislative Inspector General or employee of the
9Office of the Legislative Inspector General may, during his or
10her term of appointment or employment:
11        (1) become a candidate for any elective office;
12        (2) hold any other elected or appointed public office
13    except for appointments on governmental advisory boards or
14    study commissions or as otherwise expressly authorized by
15    law;
16        (3) be actively involved in the affairs of any
17    political party or political organization; or
18        (4) actively participate in any campaign for any
19    elective office.
20    A full-time Legislative Inspector General shall not engage
21in the practice of law or any other business, employment, or
22vocation.
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 Legislative Inspector General or employee of the
2Office of the Legislative 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 Legislative Ethics Commission.
10    (f) The Commission may remove the Legislative Inspector
11General only for cause. At the time of the removal, the
12Commission must report to the General Assembly the
13justification for the removal.
14(Source: P.A. 98-631, eff. 5-29-14.)
 
15    (5 ILCS 430/25-15)
16    Sec. 25-15. Duties of the Legislative Ethics Commission.
17In addition to duties otherwise assigned by law, the
18Legislative Ethics Commission shall have the following duties:
19        (1) To promulgate rules governing the performance of
20    its duties and the exercise of its powers and governing the
21    investigations of the Legislative Inspector General. The
22    rules shall be available on the Commission's website and
23    any proposed changes to the rules must be made available to
24    the public on the Commission's website no less than 7 days
25    before the adoption of the changes. Any person shall be

 

 

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1    given an opportunity to provide written or oral testimony
2    before the Commission in support of or opposition to
3    proposed rules.
4        (2) To conduct administrative hearings and rule on
5    matters brought before the Commission only upon the receipt
6    of pleadings filed by the Legislative Inspector General and
7    not upon its own prerogative, but may appoint special
8    Legislative Inspectors General as provided in Section
9    25-21. Any other allegations of misconduct received by the
10    Commission from a person other than the Legislative
11    Inspector General shall be referred to the Office of the
12    Legislative Inspector General.
13        (3) To prepare and publish manuals and guides and,
14    working with the Office of the Attorney General, oversee
15    training of employees under its jurisdiction that explains
16    their duties.
17        (4) To prepare public information materials to
18    facilitate compliance, implementation, and enforcement of
19    this Act.
20        (5) To submit reports as required by this Act.
21        (6) To the extent authorized by this Act, to make
22    rulings, issue recommendations, and impose administrative
23    fines, if appropriate, in connection with the
24    implementation and interpretation of this Act. The powers
25    and duties of the Commission are limited to matters clearly
26    within the purview of this Act.

 

 

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1        (7) To issue subpoenas with respect to matters pending
2    before the Commission, subject to the provisions of this
3    Article and in the discretion of the Commission, to compel
4    the attendance of witnesses for purposes of testimony and
5    the production of documents and other items for inspection
6    and copying.
7        (8) To appoint special Legislative Inspectors General
8    as provided in Section 25-21.
9        (9) To conspicuously display on the Commission's
10    website the procedures for reporting a violation of this
11    Act, including how to report violations via email or
12    online.
13        (10) To conspicuously display on the Commission's
14    website any vacancies within the Office of the Legislative
15    Inspector General.
16        (11) To appoint an Acting Legislative Inspector
17    General in the event of a vacancy in the Office of the
18    Legislative Inspector General.
19(Source: P.A. 100-554, eff. 11-16-17.)
 
20    (5 ILCS 430/25-20)
21    Sec. 25-20. Duties of the Legislative Inspector General.
22In addition to duties otherwise assigned by law, the
23Legislative Inspector General shall have the following duties:
24        (1) To receive and investigate allegations of
25    violations of this Act. Except as otherwise provided in

 

 

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1    paragraph (1.5), an investigation may not be initiated more
2    than one year after the most recent act of the alleged
3    violation or of a series of alleged violations except where
4    there is reasonable cause to believe that fraudulent
5    concealment has occurred. To constitute fraudulent
6    concealment sufficient to toll this limitations period,
7    there must be an affirmative act or representation
8    calculated to prevent discovery of the fact that a
9    violation has occurred. The Legislative Inspector General
10    shall have the discretion to determine the appropriate
11    means of investigation as permitted by law.
12        (1.5) Notwithstanding any provision of law to the
13    contrary, the Legislative Inspector General, whether
14    appointed by the Legislative Ethics Commission or the
15    General Assembly, may initiate an investigation based on
16    information provided to the Office of the Legislative
17    Inspector General or the Legislative Ethics Commission
18    during the period from December 1, 2014 through November 3,
19    2017. Any investigation initiated under this paragraph
20    (1.5) must be initiated within one year after the effective
21    date of this amendatory Act of the 100th General Assembly.
22    Notwithstanding any provision of law to the contrary, the
23Legislative Inspector General, through the Attorney General,
24shall have the authority to file a complaint related to any
25founded violations that occurred during the period December 1,
262014 through November 3, 2017 to the Legislative Ethics

 

 

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1Commission, and the Commission shall have jurisdiction to
2conduct administrative hearings related to any pleadings filed
3by the Legislative Inspector General, provided the complaint is
4filed with the Commission no later than 6 months after the
5summary report is provided to the Attorney General in
6accordance with subsection (c) of Section 25-50.
7        (2) To request information relating to an
8    investigation from any person when the Legislative
9    Inspector General deems that information necessary in
10    conducting an investigation.
11        (3) To issue subpoenas, with the advance approval of
12    the Commission, to compel the attendance of witnesses for
13    the purposes of testimony and production of documents and
14    other items for inspection and copying and to make service
15    of those subpoenas and subpoenas issued under item (7) of
16    Section 25-15.
17        (4) To submit reports as required by this Act.
18        (5) To file pleadings in the name of the Legislative
19    Inspector General with the Legislative Ethics Commission,
20    through the Attorney General, as provided in this Article
21    if the Attorney General finds that reasonable cause exists
22    to believe that a violation has occurred.
23        (6) To assist and coordinate the ethics officers for
24    State agencies under the jurisdiction of the Legislative
25    Inspector General and to work with those ethics officers.
26        (7) To participate in or conduct, when appropriate,

 

 

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1    multi-jurisdictional investigations.
2        (8) To request, as the Legislative Inspector General
3    deems appropriate, from ethics officers of State agencies
4    under his or her jurisdiction, reports or information on
5    (i) the content of a State agency's ethics training program
6    and (ii) the percentage of new officers and employees who
7    have completed ethics training.
8        (9) To establish a policy that ensures the appropriate
9    handling and correct recording of all investigations of
10    allegations and to ensure that the policy is accessible via
11    the Internet in order that those seeking to report those
12    allegations are familiar with the process and that the
13    subjects of those allegations are treated fairly.
14        (10) To post information to the Legislative Inspector
15    General's website explaining to complainants and subjects
16    of an investigation the legal limitations on the
17    Legislative Inspector General's ability to provide
18    information to them and a general overview of the
19    investigation process.
20(Source: P.A. 100-553, eff. 11-16-17.)
 
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, and to the head
4of each State agency affected by or involved in the
5investigation, if appropriate, and the member, if any, that is
6the subject of the report. The appropriate ultimate
7jurisdictional authority or agency head and the member, if any,
8that is the subject of the report shall respond to the summary
9report within 20 days, in writing, to the Legislative Inspector
10General. If the ultimate jurisdictional authority is the
11subject of the report, he or she may only respond to the
12summary report in his or her capacity as the subject of the
13report and shall not respond in his or her capacity as the
14ultimate jurisdictional authority. The response shall include
15a description of any corrective or disciplinary action to be
16imposed. If the appropriate ultimate jurisdictional authority
17or the member that is the subject of the report does not
18respond within 20 days, or within an extended time as agreed to
19by the Legislative Inspector General, the Legislative
20Inspector General may proceed under subsection (c) as if a
21response had been received. A member receiving and responding
22to a report under this Section shall be deemed to be acting in
23his or her official capacity.
24    (b) The summary report of the investigation shall include
25the following:
26        (1) A description of any allegations or other

 

 

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

 

 

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1Attorney General determines that reasonable cause exists to
2believe that a violation has occurred, then the Legislative
3Inspector General, represented by the Attorney General, may
4file with the Legislative Ethics Commission a complaint. The
5complaint shall set forth the alleged violation and the grounds
6that exist to support the complaint. Except as provided under
7subsection (1.5) of Section 20, the The complaint must be filed
8with the Commission within 18 months after the most recent act
9of the alleged violation or of a series of alleged violations
10except where there is reasonable cause to believe that
11fraudulent concealment has occurred. To constitute fraudulent
12concealment sufficient to toll this limitations period, there
13must be an affirmative act or representation calculated to
14prevent discovery of the fact that a violation has occurred. If
15a complaint is not filed with the Commission within 6 months
16after notice by the Inspector General to the Commission and the
17Attorney General, then the Commission may set a meeting of the
18Commission at which the Attorney General shall appear and
19provide a status report to the Commission.
20    (c-5) Within 30 days after receiving a response from the
21appropriate ultimate jurisdictional authority or agency head
22under subsection (a), if the Legislative Inspector General does
23not believe that a complaint should be filed, the Legislative
24Inspector General shall deliver to the Legislative Ethics
25Commission a statement setting forth the basis for the decision
26not to file a complaint and a copy of the summary report and

 

 

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

 

 

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

 

 

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1telephone, on the complaint and allow all parties the
2opportunity to present testimony and evidence. All such
3proceedings shall be transcribed.
4    (h) Within an appropriate time limit set by rules of the
5Legislative Ethics Commission, the Commission shall (i)
6dismiss the complaint, (ii) issue a recommendation of
7discipline to the respondent and the respondent's ultimate
8jurisdictional authority, (iii) impose an administrative fine
9upon the respondent, (iv) issue injunctive relief as described
10in Section 50-10, or (v) impose a combination of (ii) through
11(iv).
12    (i) The proceedings on any complaint filed with the
13Commission shall be conducted pursuant to rules promulgated by
14the Commission.
15    (j) The Commission may designate hearing officers to
16conduct proceedings as determined by rule of the Commission.
17    (k) In all proceedings before the Commission, the standard
18of proof is by a preponderance of the evidence.
19    (l) Within 30 days after the issuance of a final
20administrative decision that concludes that a violation
21occurred, the Legislative Ethics Commission shall make public
22the entire record of proceedings before the Commission, the
23decision, any recommendation, any discipline imposed, and the
24response from the agency head or ultimate jurisdictional
25authority to the Legislative Ethics Commission.
26(Source: P.A. 96-555, eff. 8-18-09.)
 

 

 

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1    (5 ILCS 430/25-70)
2    Sec. 25-70. Cooperation in investigations. It is the duty
3of every officer and employee under the jurisdiction of the
4Legislative Inspector General, including any inspector general
5serving in any State agency under the jurisdiction of the
6Legislative Inspector General, to cooperate with the
7Legislative Inspector General and the Attorney General in any
8investigation undertaken pursuant to this Act. Failure to
9cooperate includes, but is not limited to, intentional
10omissions and knowing false statements. Failure to cooperate
11with an investigation of the Legislative Inspector General or
12the Attorney General is grounds for disciplinary action,
13including dismissal. Nothing in this Section limits or alters a
14person's existing rights or privileges under State or federal
15law.
16(Source: P.A. 93-617, eff. 12-9-03.)
 
17    (5 ILCS 430/25-85)
18    Sec. 25-85. Quarterly reports by the Legislative Inspector
19General. The Legislative Inspector General shall submit
20quarterly reports of claims within his or her jurisdiction
21filed with the Office of the Legislative Inspector General to
22the General Assembly and the Legislative Ethics Commission, on
23dates determined by the Legislative Ethics Commission,
24indicating:

 

 

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

 

 

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1        (7) the number of allegations referred to any law
2    enforcement agency since the date of the last report;
3        (8) the total number of allegations referred to another
4    investigatory body since the date of the last report; and
5        (9) the cumulative number of each of the foregoing for
6    the current calendar year.
7    For the purposes of this Section, "category of claim" shall
8include discrimination claims, harassment claims, sexual
9harassment claims, retaliation claims, gift ban claims,
10prohibited political activity claims, revolving door
11prohibition claims, and other, miscellaneous, or
12uncharacterized claims.
13    The quarterly report shall be available on the website of
14the Legislative Inspector General.
15(Source: P.A. 93-617, eff. 12-9-03.)
 
16    (5 ILCS 430/25-90)
17    Sec. 25-90. Confidentiality.
18    (a) The identity of any individual providing information or
19reporting any possible or alleged misconduct to the Legislative
20Inspector General or the Legislative Ethics Commission shall be
21kept confidential and may not be disclosed without the consent
22of that individual, unless the individual consents to
23disclosure of his or her name or disclosure of the individual's
24identity is otherwise required by law. The confidentiality
25granted by this subsection does not preclude the disclosure of

 

 

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1the identity of a person in any capacity other than as the
2source of an allegation.
3    (b) Subject to the provisions of Section 25-50(c),
4commissioners, employees, and agents of the Legislative Ethics
5Commission, the Legislative Inspector General, and employees
6and agents of the Office of the Legislative Inspector General
7shall keep confidential and shall not disclose information
8exempted from disclosure under the Freedom of Information Act
9or by this Act.
10    (c) In his or her discretion, the Legislative Inspector
11General may notify complainants and subjects of an
12investigation with an update on the status of the respective
13investigation, including when the investigation is opened and
14closed.
15(Source: P.A. 93-617, eff. 12-9-03.)
 
16    (5 ILCS 430/25-95)
17    Sec. 25-95. Exemptions.
18    (a) Documents generated by an ethics officer under this
19Act, except Section 5-50, are exempt from the provisions of the
20Freedom of Information Act.
21    (a-5) Requests from ethics officers, members, and State
22employees to the Office of the Legislative Inspector General, a
23Special Legislative Inspector General, the Legislative Ethics
24Commission, an ethics officer, or a person designated by a
25legislative leader for guidance on matters involving the

 

 

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1interpretation or application of this Act or rules promulgated
2under this Act are exempt from the provisions of the Freedom of
3Information Act. Guidance provided to an ethics officer,
4member, or State employee at the request of an ethics officer,
5member, or State employee by the Office of the Legislative
6Inspector General, a Special Legislative Inspector General,
7the Legislative Ethics Commission, an ethics officer, or a
8person designated by a legislative leader on matters involving
9the interpretation or application of this Act or rules
10promulgated under this Act is exempt from the provisions of the
11Freedom of Information Act.
12    (b) Summary investigation reports released by the
13Legislative Ethics Commission as provided in Section 25-52 are
14public records. Otherwise, any allegations and related
15documents submitted to the Legislative Inspector General and
16any pleadings and related documents brought before the
17Legislative Ethics Commission are exempt from the provisions of
18the Freedom of Information Act so long as the Legislative
19Ethics Commission does not make a finding of a violation of
20this Act. If the Legislative Ethics Commission finds that a
21violation has occurred, the entire record of proceedings before
22the Commission, the decision and recommendation, and the
23mandatory report from the agency head or ultimate
24jurisdictional authority to the Legislative Ethics Commission
25are not exempt from the provisions of the Freedom of
26Information Act but information contained therein that is

 

 

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1exempt from the Freedom of Information Act must be redacted
2before disclosure as provided in Section 8 of the Freedom of
3Information Act.
4    (c) Meetings of the Commission are exempt from the
5provisions of the Open Meetings Act.
6    (d) Unless otherwise provided in this Act, all
7investigatory files and reports of the Office of the
8Legislative Inspector General, other than quarterly monthly
9reports under Section 25-85, are confidential, are exempt from
10disclosure under the Freedom of Information Act, and shall not
11be divulged to any person or agency, except as necessary (i) to
12the appropriate law enforcement authority if the matter is
13referred pursuant to this Act, (ii) to the ultimate
14jurisdictional authority, or (iii) to the Legislative Ethics
15Commission, or (iv) to the Executive Director of the
16Legislative Ethics Commission to the extent necessary to advise
17the Commission of all open investigations and any new
18allegations or complaints received in the Office of the
19Inspector General when there is a vacancy in the Office of
20Inspector General pursuant to subparagraph (b-5) of Section
2125-10.
22(Source: P.A. 96-555, eff. 8-18-09.)
 
23    (5 ILCS 430/25-100 new)
24    Sec. 25-100. Reports.
25    (a) Within 30 days of the effective date of this amendatory

 

 

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1Act of the 100th General Assembly, for the period beginning
2November 4, 2017 until the date of the report, the Legislative
3Ethics Commission shall issue a report to the General Assembly
4containing the following information: (i) the total number of
5summary reports that the Inspector General requested be
6published; (ii) the total number of summary reports that the
7Inspector General closed without a request to be published;
8(iii) the total number of summary reports that the Commission
9agreed to publish; (iv) the total number of summary reports
10that the Commission did not agree to publish; (v) the total
11number of investigations that the Inspector General requested
12to open; and (vi) the total number of investigations that the
13Commission did not allow the Inspector General to open.
14    (b) The Legislative Ethics Commission shall issue a
15quarterly report to the General Assembly within 30 days after
16the end of each quarter containing the following information
17for the preceding quarter: (i) the total number of summary
18reports that the Inspector General requested be published; (ii)
19the total number of summary reports that the Inspector General
20closed without a request to be published; (iii) the total
21number of summary reports that the Commission agreed to
22publish; (iv) the total number of summary reports that the
23Commission did not agree to publish; (v) the total number of
24investigations that the Inspector General requested to open;
25and (vi) the total number of investigations that the Commission
26did not allow the Inspector General to open.

 

 

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1    (c) The reports to the General Assembly under this Section
2shall be provided to the Clerk of the House of Representatives
3and the Secretary of the Senate in electronic form only, in the
4manner that the Clerk and the Secretary shall direct.
 
5    (5 ILCS 430/25-105 new)
6    Sec. 25-105. Investigation of sexual harassment.
7Notwithstanding any provision of law to the contrary, the
8Legislative Inspector General may investigate any allegation
9or complaint of sexual harassment without the approval of the
10Legislative Ethics Commission. At each Legislative Ethics
11Commission meeting, the Legislative Inspector General shall
12inform the Commission of each investigation opened under this
13Section since the last meeting of the Commission.
 
14    (5 ILCS 430/50-5)
15    Sec. 50-5. Penalties.
16    (a) A person is guilty of a Class A misdemeanor if that
17person intentionally violates any provision of Section 5-15,
185-30, 5-40, or 5-45 or Article 15.
19    (a-1) An ethics commission may levy an administrative fine
20for a violation of Section 5-45 of this Act of up to 3 times the
21total annual compensation that would have been obtained in
22violation of Section 5-45.
23    (b) A person who intentionally violates any provision of
24Section 5-20, 5-35, 5-50, or 5-55 is guilty of a business

 

 

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1offense subject to a fine of at least $1,001 and up to $5,000.
2    (c) A person who intentionally violates any provision of
3Article 10 is guilty of a business offense and subject to a
4fine of at least $1,001 and up to $5,000.
5    (d) Any person who intentionally makes a false report
6alleging a violation of any provision of this Act to an ethics
7commission, an inspector general, the State Police, a State's
8Attorney, the Attorney General, or any other law enforcement
9official is guilty of a Class A misdemeanor.
10    (e) An ethics commission may levy an administrative fine of
11up to $5,000 against any person who violates this Act, who
12intentionally obstructs or interferes with an investigation
13conducted under this Act by an inspector general, or who
14intentionally makes a false, frivolous, or bad faith
15allegation.
16    (f) In addition to any other penalty that may apply,
17whether criminal or civil, a State employee who intentionally
18violates any provision of Section 5-5, 5-15, 5-20, 5-30, 5-35,
195-45, or 5-50, Article 10, Article 15, or Section 20-90 or
2025-90 is subject to discipline or discharge by the appropriate
21ultimate jurisdictional authority.
22    (g) Any person who violates Section 5-65 is subject to a
23fine of up to $5,000 per offense, and is subject to discipline
24or discharge by the appropriate ultimate jurisdictional
25authority. Each violation of Section 5-65 is a separate
26offense. Any penalty imposed by an ethics commission shall be

 

 

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1separate and distinct from any fines or penalties imposed by a
2court of law or a State or federal agency.
3    (h) Any natural person or lobbying entity who intentionally
4violates Section 4.7, or paragraph (d) of Section 5, or
5subsection (a-5) of Section 11 of the Lobbyist Registration Act
6is guilty of a business offense and shall be subject to a fine
7of up to $5,000. The Executive Ethics Commission, after the
8adjudication of a violation of Section 4.7 of the Lobbyist
9Registration Act for which an investigation was initiated by
10the Inspector General appointed by the Secretary of State under
11Section 14 of the Secretary of State Act, is authorized to
12strike or suspend the registration under the Lobbyist
13Registration Act of any person or lobbying entity for which
14that person is employed for a period of up to 3 years. In
15addition to any other fine or penalty which may be imposed, the
16Executive Ethics Commission may also levy an administrative
17fine of up to $5,000 for a violation specified under this
18subsection (h). Any penalty imposed by an ethics commission
19shall be separate and distinct from any fines or penalties
20imposed by a court of law or by the Secretary of State under
21the Lobbyist Registration Act.
22(Source: P.A. 100-554, eff. 11-16-17.)
 
23    Section 10. The Election Code is amended by adding Section
247-8.03 as follows:
 

 

 

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1    (10 ILCS 5/7-8.03 new)
2    Sec. 7-8.03. State central committees; discrimination and
3harassment policies. No later than 90 days after the effective
4date of this amendatory Act of the 100th General Assembly, each
5State central committee of an established statewide political
6party shall establish and maintain a policy that includes, at a
7minimum: (i) a prohibition on discrimination and harassment;
8(ii) details on how an individual can report an allegation of
9discrimination or harassment; (iii) a prohibition on
10retaliation for reporting discrimination or harassment
11allegations; and (iv) the consequences of a violation of the
12prohibition on sexual harassment and the consequences for
13knowingly making a false report.
14    A State central committee, or its appropriate designee,
15shall notify the Board of the adoption of the required
16policies.
17    The requirements of this Section shall not prohibit a
18political committee from considering political affiliation, as
19permitted by law and the United States Constitution, when
20hiring or retaining a person as an employee, consultant,
21independent contractor, or volunteer.
 
22    Section 15. The Secretary of State Act is amended by
23changing Section 14 as follows:
 
24    (15 ILCS 305/14)

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

HB0138 Enrolled- 54 -LRB100 03805 RJF 13810 b

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

 

 

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1    (25 ILCS 145/9 new)
2    Sec. 9. Information regarding discrimination and
3harassment. The System shall establish a page for electronic
4public access on the General Assembly's website that provides
5information regarding discrimination and harassment,
6including, but not limited to:
7    (1) the name and contact information for the ethics officer
8for each caucus;
9    (2) the name and contact information for the Legislative
10Inspector General and information on how to file a complaint;
11    (3) a direct link to the website of the Department of Human
12Rights for harassment and discrimination and the Department's
13hotline phone number; and
14    (4) the name and contact information for the chief of staff
15for each legislative caucus leader.
16A direct link to the page required by this Section shall be
17included on the front page of the General Assembly's website.
 
18    Section 25. The Lobbyist Registration Act is amended by
19changing Section 11 as follows:
 
20    (25 ILCS 170/11)  (from Ch. 63, par. 181)
21    Sec. 11. Enforcement.
22    (a) The Secretary of State Inspector General appointed
23under Section 14 of the Secretary of State Act shall initiate
24investigations of violations of this Act upon receipt of

 

 

HB0138 Enrolled- 56 -LRB100 03805 RJF 13810 b

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

 

 

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1Attorney, or the Attorney General pursuant to subsection (c).
2    (a-5) Failure to cooperate in an investigation initiated by
3the Secretary of State Inspector General appointed under
4Section 14 of the Secretary of State Act is a separate and
5punishable offense for which the Secretary of State Inspector
6General, through the Attorney General, shall file pleadings
7with the Executive Ethics Commission, which has the discretion
8to strike or suspend the registration of any person, or
9lobbying entity for which that person is employed, registered
10under this Act. Nothing in this Section limits or alters a
11person's existing rights or protections under State or federal
12law.
13    (b) Any violation of this Act may be prosecuted in the
14county where the offense is committed or in Sangamon County. In
15addition to the State's Attorney of the appropriate county, the
16Attorney General of Illinois also is authorized to prosecute
17any violation of this Act.
18    (c) Notwithstanding any other provision of this Act, the
19Inspector General may at any time refer evidence of a violation
20of State or federal law, in addition to a violation of this
21Act, to the appropriate law enforcement agency, State's
22Attorney, or Attorney General.
23(Source: P.A. 96-555, eff. 1-1-10; 96-1358, eff. 7-28-10.)
 
24    Section 30. The Illinois Human Rights Act is amended by
25changing Sections 2-102, 2-107, and 7A-102 as follows:
 

 

 

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1    (775 ILCS 5/2-102)  (from Ch. 68, par. 2-102)
2    Sec. 2-102. Civil Rights Violations - Employment. It is a
3civil rights violation:
4    (A) Employers. For any employer to refuse to hire, to
5segregate, or to act with respect to recruitment, hiring,
6promotion, renewal of employment, selection for training or
7apprenticeship, discharge, discipline, tenure or terms,
8privileges or conditions of employment on the basis of unlawful
9discrimination or citizenship status.
10    (A-5) Language. For an employer to impose a restriction
11that has the effect of prohibiting a language from being spoken
12by an employee in communications that are unrelated to the
13employee's duties.
14    For the purposes of this subdivision (A-5), "language"
15means a person's native tongue, such as Polish, Spanish, or
16Chinese. "Language" does not include such things as slang,
17jargon, profanity, or vulgarity.
18    (B) Employment Agency. For any employment agency to fail or
19refuse to classify properly, accept applications and register
20for employment referral or apprenticeship referral, refer for
21employment, or refer for apprenticeship on the basis of
22unlawful discrimination or citizenship status or to accept from
23any person any job order, requisition or request for referral
24of applicants for employment or apprenticeship which makes or
25has the effect of making unlawful discrimination or

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1considered for the position the applicant desires or to perform
2the essential functions of that position, and may include, but
3is not limited to: more frequent or longer bathroom breaks,
4breaks for increased water intake, and breaks for periodic
5rest; private non-bathroom space for expressing breast milk and
6breastfeeding; seating; assistance with manual labor; light
7duty; temporary transfer to a less strenuous or hazardous
8position; the provision of an accessible worksite; acquisition
9or modification of equipment; job restructuring; a part-time or
10modified work schedule; appropriate adjustment or
11modifications of examinations, training materials, or
12policies; reassignment to a vacant position; time off to
13recover from conditions related to childbirth; and leave
14necessitated by pregnancy, childbirth, or medical or common
15conditions resulting from pregnancy or childbirth.
16    For the purposes of this subdivision (J), "undue hardship"
17means an action that is prohibitively expensive or disruptive
18when considered in light of the following factors: (i) the
19nature and cost of the accommodation needed; (ii) the overall
20financial resources of the facility or facilities involved in
21the provision of the reasonable accommodation, the number of
22persons employed at the facility, the effect on expenses and
23resources, or the impact otherwise of the accommodation upon
24the operation of the facility; (iii) the overall financial
25resources of the employer, the overall size of the business of
26the employer with respect to the number of its employees, and

 

 

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

 

 

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

 

 

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

 

 

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1sexual harassment and discrimination.
2    (e) The Department shall annually evaluate the helpline and
3report to the Clerk of the House of Representatives and the
4Secretary of the Senate in electronic form only, in the manner
5that the Clerk and the Secretary shall direct, the following
6information: (i) the total number of calls received, including
7messages left during non-business hours; (ii) the number of
8calls reporting sexual discrimination claims; (iii) the number
9of calls reporting harassment claims; (iv) the number of calls
10reporting sexual harassment claims; (v) the number of calls
11that were referred to each Executive Inspector General; and
12(vi) the number of calls that were referred to the Legislative
13Inspector General.
14(Source: P.A. 100-554, eff. 11-16-17.)
 
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 180 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 180 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. The Department's notice to
16    complainant that the Department has adopted the EEOC's
17    determination of reasonable cause shall constitute the
18    Department's Report for purposes of subparagraph (D) of
19    this Section.
20        (3) For those charges alleging violations within the
21    jurisdiction of both the EEOC and the Department and for
22    which the EEOC either (i) does not issue a determination,
23    but does issue the complainant a notice of a right to sue,
24    including when the right to sue is issued at the request of
25    the complainant, or (ii) determines that it is unable to
26    establish that illegal discrimination has occurred and

 

 

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

 

 

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

 

 

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1    charge dismissed by the EEOC for lack of jurisdiction
2    pursuant to subsections (A), (A-1), (B), (B-1), (C), (D),
3    (E), (F), (G), (H), (I), (J), and (K) of Section 7A-102 of
4    this Act.
5        (5) The time limit set out in subsection (G) of this
6    Section is tolled from the date on which the charge is
7    filed with the EEOC to the date on which the EEOC issues
8    its determination.
9    (B) Notice and Response to Charge. The Department shall,
10within 10 days of the date on which the charge was filed, serve
11a copy of the charge on the respondent. This period shall not
12be construed to be jurisdictional. The charging party and the
13respondent may each file a position statement and other
14materials with the Department regarding the charge of alleged
15discrimination within 60 days of receipt of the notice of the
16charge. The position statements and other materials filed shall
17remain confidential unless otherwise agreed to by the party
18providing the information and shall not be served on or made
19available to the other party during pendency of a charge with
20the Department. The Department may require the respondent to
21file a response to the allegations contained in the charge.
22Upon the Department's request, the respondent shall file a
23response to the charge within 60 days and shall serve a copy of
24its response on the complainant or his or her representative.
25Notwithstanding any request from the Department, the
26respondent may elect to file a response to the charge within 60

 

 

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

 

 

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1may exercise this right. In the notice the Department shall
2notify the complainant that the charge of civil rights
3violation will be dismissed with prejudice and with no right to
4further proceed if a written complaint is not timely filed with
5the Commission or with the appropriate circuit court by the
6complainant pursuant to subparagraph (2) of paragraph (G) or by
7the Department pursuant to subparagraph (1) of paragraph (G).
8    (B-1) Mediation. The complainant and respondent may agree
9to voluntarily submit the charge to mediation without waiving
10any rights that are otherwise available to either party
11pursuant to this Act and without incurring any obligation to
12accept the result of the mediation process. Nothing occurring
13in mediation shall be disclosed by the Department or admissible
14in evidence in any subsequent proceeding unless the complainant
15and the respondent agree in writing that such disclosure be
16made.
17    (C) Investigation.
18        (1) The Department shall conduct an investigation
19    sufficient to determine whether the allegations set forth
20    in the charge are supported by substantial evidence.
21        (2) The Director or his or her designated
22    representatives shall have authority to request any member
23    of the Commission to issue subpoenas to compel the
24    attendance of a witness or the production for examination
25    of any books, records or documents whatsoever.
26        (3) If any witness whose testimony is required for any

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

HB0138 Enrolled- 84 -LRB100 03805 RJF 13810 b

1    (K) The changes made to this Section by this amendatory Act
2of the 96th General Assembly apply to charges filed on or after
3the effective date of those changes.
4(Source: P.A. 100-492, eff. 9-8-17.)
 
5    Section 99. Effective date. This Act takes effect upon
6becoming law.