Bill Text: IL SB1485 | 2019-2020 | 101st General Assembly | Engrossed
Bill Title: Amends the Commission to Study Disproportionate Justice Impact Act. Makes a technical change to a Section concerning the short title.
Spectrum: Partisan Bill (Democrat 43-0)
Status: (Failed) 2021-01-13 - Session Sine Die [SB1485 Detail]
Download: Illinois-2019-SB1485-Engrossed.html
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1 | AN ACT concerning State government.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 1. Short title. This Act may be cited as the Racial | ||||||
5 | Impact Note Act.
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6 | Section 5. Racial impact note. | ||||||
7 | (a) Every bill which has or could have a disparate impact | ||||||
8 | on racial and ethnic minorities, upon the request of any | ||||||
9 | member, shall have prepared for it, before second reading in | ||||||
10 | the house of introduction, a brief explanatory statement or | ||||||
11 | note that shall include a reliable estimate of the anticipated | ||||||
12 | impact on those racial and ethnic minorities likely to be | ||||||
13 | impacted by the bill. Each racial impact note must include, for | ||||||
14 | racial and ethnic minorities for which data are available: (i) | ||||||
15 | an estimate of how the proposed legislation would impact racial | ||||||
16 | and ethnic minorities; (ii) a statement of the methodologies | ||||||
17 | and assumptions used in preparing the estimate; (iii) an | ||||||
18 | estimate of the racial and ethnic composition of the population | ||||||
19 | who may be impacted by the proposed legislation, including | ||||||
20 | those persons who may be negatively impacted and those persons | ||||||
21 | who may benefit from the proposed legislation; and (iv) any | ||||||
22 | other matter that a responding agency considers appropriate in | ||||||
23 | relation to the racial and ethnic minorities likely to be |
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1 | affected by the bill.
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2 | Section 10. Preparation. | ||||||
3 | (a) The sponsor of each bill for which a request under | ||||||
4 | Section 5 has been made shall present a copy of the bill with | ||||||
5 | the request for a racial impact note to the appropriate | ||||||
6 | responding agency or agencies under subsection (b). The | ||||||
7 | responding agency or agencies shall prepare and submit the note | ||||||
8 | to the sponsor of the bill within 5 calendar days, except that | ||||||
9 | whenever, because of the complexity of the measure, additional | ||||||
10 | time is required for the preparation of the racial impact note, | ||||||
11 | the responding agency or agencies may inform the sponsor of the | ||||||
12 | bill, and the sponsor may approve an extension of the time | ||||||
13 | within which the note is to be submitted, not to extend, | ||||||
14 | however, beyond June 15, following the date of the request. If, | ||||||
15 | in the opinion of the responding agency or agencies, there is | ||||||
16 | insufficient information to prepare a reliable estimate of the | ||||||
17 | anticipated impact, a statement to that effect can be filed and | ||||||
18 | shall meet the requirements of this Act. | ||||||
19 | (b) If a bill concerns arrests, convictions, or law | ||||||
20 | enforcement, a statement shall be prepared by the Illinois | ||||||
21 | Criminal Justice Information Authority specifying the impact | ||||||
22 | on racial and ethnic minorities. If a bill concerns | ||||||
23 | corrections, sentencing, or the placement of individuals | ||||||
24 | within the Department of Corrections, a statement shall be | ||||||
25 | prepared by the Department of Corrections specifying the impact |
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1 | on racial and ethnic minorities. If a bill concerns local | ||||||
2 | government, a statement shall be prepared by the Department of | ||||||
3 | Commerce and Economic Opportunity specifying the impact on | ||||||
4 | racial and ethnic minorities. If a bill concerns education, one | ||||||
5 | of the following agencies shall prepare a statement specifying | ||||||
6 | the impact on racial and ethnic minorities: (i) the Illinois | ||||||
7 | Community Colleges Board, if the bill affects community | ||||||
8 | colleges; (ii) the Illinois State Board of Education, if the | ||||||
9 | bill affects primary and secondary education; or (iii) the | ||||||
10 | Illinois Board of Higher Education, if the bill affects State | ||||||
11 | universities. Any other State agency impacted or responsible | ||||||
12 | for implementing all or part of this bill shall prepare a | ||||||
13 | statement of the racial and ethnic impact of the bill as it | ||||||
14 | relates to that agency.
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15 | Section 15. Requisites and contents. The note shall be | ||||||
16 | factual in nature, as brief and concise as may be, and, in | ||||||
17 | addition, it shall include both the immediate effect and, if | ||||||
18 | determinable or reasonably foreseeable, the long range effect | ||||||
19 | of the measure on racial and ethnic minorities. If, after | ||||||
20 | careful investigation, it is determined that such an effect is | ||||||
21 | not ascertainable, the note shall contain a statement to that | ||||||
22 | effect, setting forth the reasons why no ascertainable effect | ||||||
23 | can be given.
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24 | Section 20. Comment or opinion; technical or mechanical |
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1 | defects. No comment or opinion shall be included in the racial | ||||||
2 | impact note with regard to the merits of the measure for which | ||||||
3 | the racial impact note is prepared; however, technical or | ||||||
4 | mechanical defects may be noted.
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5 | Section 25. Appearance of State officials and employees in | ||||||
6 | support or opposition of measure. The fact that a racial | ||||||
7 | impact note is prepared for any bill or proposed rule shall not | ||||||
8 | preclude or restrict the appearance before any committee of the | ||||||
9 | General Assembly of any official or authorized employee of the | ||||||
10 | responding agency or agencies, or any other impacted State | ||||||
11 | agency, who desires to be heard in support of or in opposition | ||||||
12 | to the measure.
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13 | Section 50. The Illinois Administrative Procedure Act is | ||||||
14 | amended by changing Section 5-45 as follows:
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15 | (5 ILCS 100/5-45) (from Ch. 127, par. 1005-45) | ||||||
16 | Sec. 5-45. Emergency rulemaking. | ||||||
17 | (a) "Emergency" means the existence of any situation that | ||||||
18 | any agency
finds reasonably constitutes a threat to the public | ||||||
19 | interest, safety, or
welfare. | ||||||
20 | (b) If any agency finds that an
emergency exists that | ||||||
21 | requires adoption of a rule upon fewer days than
is required by | ||||||
22 | Section 5-40 and states in writing its reasons for that
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23 | finding, the agency may adopt an emergency rule without prior |
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1 | notice or
hearing upon filing a notice of emergency rulemaking | ||||||
2 | with the Secretary of
State under Section 5-70. The notice | ||||||
3 | shall include the text of the
emergency rule and shall be | ||||||
4 | published in the Illinois Register. Consent
orders or other | ||||||
5 | court orders adopting settlements negotiated by an agency
may | ||||||
6 | be adopted under this Section. Subject to applicable | ||||||
7 | constitutional or
statutory provisions, an emergency rule | ||||||
8 | becomes effective immediately upon
filing under Section 5-65 or | ||||||
9 | at a stated date less than 10 days
thereafter. The agency's | ||||||
10 | finding and a statement of the specific reasons
for the finding | ||||||
11 | shall be filed with the rule. The agency shall take
reasonable | ||||||
12 | and appropriate measures to make emergency rules known to the
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13 | persons who may be affected by them. | ||||||
14 | (c) An emergency rule may be effective for a period of not | ||||||
15 | longer than
150 days, but the agency's authority to adopt an | ||||||
16 | identical rule under Section
5-40 is not precluded. No | ||||||
17 | emergency rule may be adopted more
than once in any 24-month | ||||||
18 | period, except that this limitation on the number
of emergency | ||||||
19 | rules that may be adopted in a 24-month period does not apply
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20 | to (i) emergency rules that make additions to and deletions | ||||||
21 | from the Drug
Manual under Section 5-5.16 of the Illinois | ||||||
22 | Public Aid Code or the
generic drug formulary under Section | ||||||
23 | 3.14 of the Illinois Food, Drug
and Cosmetic Act, (ii) | ||||||
24 | emergency rules adopted by the Pollution Control
Board before | ||||||
25 | July 1, 1997 to implement portions of the Livestock Management
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26 | Facilities Act, (iii) emergency rules adopted by the Illinois |
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1 | Department of Public Health under subsections (a) through (i) | ||||||
2 | of Section 2 of the Department of Public Health Act when | ||||||
3 | necessary to protect the public's health, (iv) emergency rules | ||||||
4 | adopted pursuant to subsection (n) of this Section, (v) | ||||||
5 | emergency rules adopted pursuant to subsection (o) of this | ||||||
6 | Section, or (vi) emergency rules adopted pursuant to subsection | ||||||
7 | (c-5) of this Section. Two or more emergency rules having | ||||||
8 | substantially the same
purpose and effect shall be deemed to be | ||||||
9 | a single rule for purposes of this
Section. | ||||||
10 | (c-5) To facilitate the maintenance of the program of group | ||||||
11 | health benefits provided to annuitants, survivors, and retired | ||||||
12 | employees under the State Employees Group Insurance Act of | ||||||
13 | 1971, rules to alter the contributions to be paid by the State, | ||||||
14 | annuitants, survivors, retired employees, or any combination | ||||||
15 | of those entities, for that program of group health benefits, | ||||||
16 | shall be adopted as emergency rules. The adoption of those | ||||||
17 | rules shall be considered an emergency and necessary for the | ||||||
18 | public interest, safety, and welfare. | ||||||
19 | (d) In order to provide for the expeditious and timely | ||||||
20 | implementation
of the State's fiscal year 1999 budget, | ||||||
21 | emergency rules to implement any
provision of Public Act 90-587 | ||||||
22 | or 90-588
or any other budget initiative for fiscal year 1999 | ||||||
23 | may be adopted in
accordance with this Section by the agency | ||||||
24 | charged with administering that
provision or initiative, | ||||||
25 | except that the 24-month limitation on the adoption
of | ||||||
26 | emergency rules and the provisions of Sections 5-115 and 5-125 |
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1 | do not apply
to rules adopted under this subsection (d). The | ||||||
2 | adoption of emergency rules
authorized by this subsection (d) | ||||||
3 | shall be deemed to be necessary for the
public interest, | ||||||
4 | safety, and welfare. | ||||||
5 | (e) In order to provide for the expeditious and timely | ||||||
6 | implementation
of the State's fiscal year 2000 budget, | ||||||
7 | emergency rules to implement any
provision of Public Act 91-24
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8 | or any other budget initiative for fiscal year 2000 may be | ||||||
9 | adopted in
accordance with this Section by the agency charged | ||||||
10 | with administering that
provision or initiative, except that | ||||||
11 | the 24-month limitation on the adoption
of emergency rules and | ||||||
12 | the provisions of Sections 5-115 and 5-125 do not apply
to | ||||||
13 | rules adopted under this subsection (e). The adoption of | ||||||
14 | emergency rules
authorized by this subsection (e) shall be | ||||||
15 | deemed to be necessary for the
public interest, safety, and | ||||||
16 | welfare. | ||||||
17 | (f) In order to provide for the expeditious and timely | ||||||
18 | implementation
of the State's fiscal year 2001 budget, | ||||||
19 | emergency rules to implement any
provision of Public Act 91-712
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20 | or any other budget initiative for fiscal year 2001 may be | ||||||
21 | adopted in
accordance with this Section by the agency charged | ||||||
22 | with administering that
provision or initiative, except that | ||||||
23 | the 24-month limitation on the adoption
of emergency rules and | ||||||
24 | the provisions of Sections 5-115 and 5-125 do not apply
to | ||||||
25 | rules adopted under this subsection (f). The adoption of | ||||||
26 | emergency rules
authorized by this subsection (f) shall be |
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1 | deemed to be necessary for the
public interest, safety, and | ||||||
2 | welfare. | ||||||
3 | (g) In order to provide for the expeditious and timely | ||||||
4 | implementation
of the State's fiscal year 2002 budget, | ||||||
5 | emergency rules to implement any
provision of Public Act 92-10
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6 | or any other budget initiative for fiscal year 2002 may be | ||||||
7 | adopted in
accordance with this Section by the agency charged | ||||||
8 | with administering that
provision or initiative, except that | ||||||
9 | the 24-month limitation on the adoption
of emergency rules and | ||||||
10 | the provisions of Sections 5-115 and 5-125 do not apply
to | ||||||
11 | rules adopted under this subsection (g). The adoption of | ||||||
12 | emergency rules
authorized by this subsection (g) shall be | ||||||
13 | deemed to be necessary for the
public interest, safety, and | ||||||
14 | welfare. | ||||||
15 | (h) In order to provide for the expeditious and timely | ||||||
16 | implementation
of the State's fiscal year 2003 budget, | ||||||
17 | emergency rules to implement any
provision of Public Act 92-597
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18 | or any other budget initiative for fiscal year 2003 may be | ||||||
19 | adopted in
accordance with this Section by the agency charged | ||||||
20 | with administering that
provision or initiative, except that | ||||||
21 | the 24-month limitation on the adoption
of emergency rules and | ||||||
22 | the provisions of Sections 5-115 and 5-125 do not apply
to | ||||||
23 | rules adopted under this subsection (h). The adoption of | ||||||
24 | emergency rules
authorized by this subsection (h) shall be | ||||||
25 | deemed to be necessary for the
public interest, safety, and | ||||||
26 | welfare. |
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1 | (i) In order to provide for the expeditious and timely | ||||||
2 | implementation
of the State's fiscal year 2004 budget, | ||||||
3 | emergency rules to implement any
provision of Public Act 93-20
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4 | or any other budget initiative for fiscal year 2004 may be | ||||||
5 | adopted in
accordance with this Section by the agency charged | ||||||
6 | with administering that
provision or initiative, except that | ||||||
7 | the 24-month limitation on the adoption
of emergency rules and | ||||||
8 | the provisions of Sections 5-115 and 5-125 do not apply
to | ||||||
9 | rules adopted under this subsection (i). The adoption of | ||||||
10 | emergency rules
authorized by this subsection (i) shall be | ||||||
11 | deemed to be necessary for the
public interest, safety, and | ||||||
12 | welfare. | ||||||
13 | (j) In order to provide for the expeditious and timely | ||||||
14 | implementation of the provisions of the State's fiscal year | ||||||
15 | 2005 budget as provided under the Fiscal Year 2005 Budget | ||||||
16 | Implementation (Human Services) Act, emergency rules to | ||||||
17 | implement any provision of the Fiscal Year 2005 Budget | ||||||
18 | Implementation (Human Services) Act may be adopted in | ||||||
19 | accordance with this Section by the agency charged with | ||||||
20 | administering that provision, except that the 24-month | ||||||
21 | limitation on the adoption of emergency rules and the | ||||||
22 | provisions of Sections 5-115 and 5-125 do not apply to rules | ||||||
23 | adopted under this subsection (j). The Department of Public Aid | ||||||
24 | may also adopt rules under this subsection (j) necessary to | ||||||
25 | administer the Illinois Public Aid Code and the Children's | ||||||
26 | Health Insurance Program Act. The adoption of emergency rules |
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1 | authorized by this subsection (j) shall be deemed to be | ||||||
2 | necessary for the public interest, safety, and welfare.
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3 | (k) In order to provide for the expeditious and timely | ||||||
4 | implementation of the provisions of the State's fiscal year | ||||||
5 | 2006 budget, emergency rules to implement any provision of | ||||||
6 | Public Act 94-48 or any other budget initiative for fiscal year | ||||||
7 | 2006 may be adopted in accordance with this Section by the | ||||||
8 | agency charged with administering that provision or | ||||||
9 | initiative, except that the 24-month limitation on the adoption | ||||||
10 | of emergency rules and the provisions of Sections 5-115 and | ||||||
11 | 5-125 do not apply to rules adopted under this subsection (k). | ||||||
12 | The Department of Healthcare and Family Services may also adopt | ||||||
13 | rules under this subsection (k) necessary to administer the | ||||||
14 | Illinois Public Aid Code, the Senior Citizens and Persons with | ||||||
15 | Disabilities Property Tax Relief Act, the Senior Citizens and | ||||||
16 | Disabled Persons Prescription Drug Discount Program Act (now | ||||||
17 | the Illinois Prescription Drug Discount Program Act), and the | ||||||
18 | Children's Health Insurance Program Act. The adoption of | ||||||
19 | emergency rules authorized by this subsection (k) shall be | ||||||
20 | deemed to be necessary for the public interest, safety, and | ||||||
21 | welfare.
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22 | (l) In order to provide for the expeditious and timely | ||||||
23 | implementation of the provisions of the
State's fiscal year | ||||||
24 | 2007 budget, the Department of Healthcare and Family Services | ||||||
25 | may adopt emergency rules during fiscal year 2007, including | ||||||
26 | rules effective July 1, 2007, in
accordance with this |
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1 | subsection to the extent necessary to administer the | ||||||
2 | Department's responsibilities with respect to amendments to | ||||||
3 | the State plans and Illinois waivers approved by the federal | ||||||
4 | Centers for Medicare and Medicaid Services necessitated by the | ||||||
5 | requirements of Title XIX and Title XXI of the federal Social | ||||||
6 | Security Act. The adoption of emergency rules
authorized by | ||||||
7 | this subsection (l) shall be deemed to be necessary for the | ||||||
8 | public interest,
safety, and welfare.
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9 | (m) In order to provide for the expeditious and timely | ||||||
10 | implementation of the provisions of the
State's fiscal year | ||||||
11 | 2008 budget, the Department of Healthcare and Family Services | ||||||
12 | may adopt emergency rules during fiscal year 2008, including | ||||||
13 | rules effective July 1, 2008, in
accordance with this | ||||||
14 | subsection to the extent necessary to administer the | ||||||
15 | Department's responsibilities with respect to amendments to | ||||||
16 | the State plans and Illinois waivers approved by the federal | ||||||
17 | Centers for Medicare and Medicaid Services necessitated by the | ||||||
18 | requirements of Title XIX and Title XXI of the federal Social | ||||||
19 | Security Act. The adoption of emergency rules
authorized by | ||||||
20 | this subsection (m) shall be deemed to be necessary for the | ||||||
21 | public interest,
safety, and welfare.
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22 | (n) In order to provide for the expeditious and timely | ||||||
23 | implementation of the provisions of the State's fiscal year | ||||||
24 | 2010 budget, emergency rules to implement any provision of | ||||||
25 | Public Act 96-45 or any other budget initiative authorized by | ||||||
26 | the 96th General Assembly for fiscal year 2010 may be adopted |
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1 | in accordance with this Section by the agency charged with | ||||||
2 | administering that provision or initiative. The adoption of | ||||||
3 | emergency rules authorized by this subsection (n) shall be | ||||||
4 | deemed to be necessary for the public interest, safety, and | ||||||
5 | welfare. The rulemaking authority granted in this subsection | ||||||
6 | (n) shall apply only to rules promulgated during Fiscal Year | ||||||
7 | 2010. | ||||||
8 | (o) In order to provide for the expeditious and timely | ||||||
9 | implementation of the provisions of the State's fiscal year | ||||||
10 | 2011 budget, emergency rules to implement any provision of | ||||||
11 | Public Act 96-958 or any other budget initiative authorized by | ||||||
12 | the 96th General Assembly for fiscal year 2011 may be adopted | ||||||
13 | in accordance with this Section by the agency charged with | ||||||
14 | administering that provision or initiative. The adoption of | ||||||
15 | emergency rules authorized by this subsection (o) is deemed to | ||||||
16 | be necessary for the public interest, safety, and welfare. The | ||||||
17 | rulemaking authority granted in this subsection (o) applies | ||||||
18 | only to rules promulgated on or after July 1, 2010 (the | ||||||
19 | effective date of Public Act 96-958) through June 30, 2011. | ||||||
20 | (p) In order to provide for the expeditious and timely | ||||||
21 | implementation of the provisions of Public Act 97-689, | ||||||
22 | emergency rules to implement any provision of Public Act 97-689 | ||||||
23 | may be adopted in accordance with this subsection (p) by the | ||||||
24 | agency charged with administering that provision or | ||||||
25 | initiative. The 150-day limitation of the effective period of | ||||||
26 | emergency rules does not apply to rules adopted under this |
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1 | subsection (p), and the effective period may continue through | ||||||
2 | June 30, 2013. The 24-month limitation on the adoption of | ||||||
3 | emergency rules does not apply to rules adopted under this | ||||||
4 | subsection (p). The adoption of emergency rules authorized by | ||||||
5 | this subsection (p) is deemed to be necessary for the public | ||||||
6 | interest, safety, and welfare. | ||||||
7 | (q) In order to provide for the expeditious and timely | ||||||
8 | implementation of the provisions of Articles 7, 8, 9, 11, and | ||||||
9 | 12 of Public Act 98-104, emergency rules to implement any | ||||||
10 | provision of Articles 7, 8, 9, 11, and 12 of Public Act 98-104 | ||||||
11 | may be adopted in accordance with this subsection (q) by the | ||||||
12 | agency charged with administering that provision or | ||||||
13 | initiative. The 24-month limitation on the adoption of | ||||||
14 | emergency rules does not apply to rules adopted under this | ||||||
15 | subsection (q). The adoption of emergency rules authorized by | ||||||
16 | this subsection (q) is deemed to be necessary for the public | ||||||
17 | interest, safety, and welfare. | ||||||
18 | (r) In order to provide for the expeditious and timely | ||||||
19 | implementation of the provisions of Public Act 98-651, | ||||||
20 | emergency rules to implement Public Act 98-651 may be adopted | ||||||
21 | in accordance with this subsection (r) by the Department of | ||||||
22 | Healthcare and Family Services. The 24-month limitation on the | ||||||
23 | adoption of emergency rules does not apply to rules adopted | ||||||
24 | under this subsection (r). The adoption of emergency rules | ||||||
25 | authorized by this subsection (r) is deemed to be necessary for | ||||||
26 | the public interest, safety, and welfare. |
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1 | (s) In order to provide for the expeditious and timely | ||||||
2 | implementation of the provisions of Sections 5-5b.1 and 5A-2 of | ||||||
3 | the Illinois Public Aid Code, emergency rules to implement any | ||||||
4 | provision of Section 5-5b.1 or Section 5A-2 of the Illinois | ||||||
5 | Public Aid Code may be adopted in accordance with this | ||||||
6 | subsection (s) by the Department of Healthcare and Family | ||||||
7 | Services. The rulemaking authority granted in this subsection | ||||||
8 | (s) shall apply only to those rules adopted prior to July 1, | ||||||
9 | 2015. Notwithstanding any other provision of this Section, any | ||||||
10 | emergency rule adopted under this subsection (s) shall only | ||||||
11 | apply to payments made for State fiscal year 2015. The adoption | ||||||
12 | of emergency rules authorized by this subsection (s) is deemed | ||||||
13 | to be necessary for the public interest, safety, and welfare. | ||||||
14 | (t) In order to provide for the expeditious and timely | ||||||
15 | implementation of the provisions of Article II of Public Act | ||||||
16 | 99-6, emergency rules to implement the changes made by Article | ||||||
17 | II of Public Act 99-6 to the Emergency Telephone System Act may | ||||||
18 | be adopted in accordance with this subsection (t) by the | ||||||
19 | Department of State Police. The rulemaking authority granted in | ||||||
20 | this subsection (t) shall apply only to those rules adopted | ||||||
21 | prior to July 1, 2016. The 24-month limitation on the adoption | ||||||
22 | of emergency rules does not apply to rules adopted under this | ||||||
23 | subsection (t). The adoption of emergency rules authorized by | ||||||
24 | this subsection (t) is deemed to be necessary for the public | ||||||
25 | interest, safety, and welfare. | ||||||
26 | (u) In order to provide for the expeditious and timely |
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1 | implementation of the provisions of the Burn Victims Relief | ||||||
2 | Act, emergency rules to implement any provision of the Act may | ||||||
3 | be adopted in accordance with this subsection (u) by the | ||||||
4 | Department of Insurance. The rulemaking authority granted in | ||||||
5 | this subsection (u) shall apply only to those rules adopted | ||||||
6 | prior to December 31, 2015. The adoption of emergency rules | ||||||
7 | authorized by this subsection (u) is deemed to be necessary for | ||||||
8 | the public interest, safety, and welfare. | ||||||
9 | (v) In order to provide for the expeditious and timely | ||||||
10 | implementation of the provisions of Public Act 99-516, | ||||||
11 | emergency rules to implement Public Act 99-516 may be adopted | ||||||
12 | in accordance with this subsection (v) by the Department of | ||||||
13 | Healthcare and Family Services. The 24-month limitation on the | ||||||
14 | adoption of emergency rules does not apply to rules adopted | ||||||
15 | under this subsection (v). The adoption of emergency rules | ||||||
16 | authorized by this subsection (v) is deemed to be necessary for | ||||||
17 | the public interest, safety, and welfare. | ||||||
18 | (w) In order to provide for the expeditious and timely | ||||||
19 | implementation of the provisions of Public Act 99-796, | ||||||
20 | emergency rules to implement the changes made by Public Act | ||||||
21 | 99-796 may be adopted in accordance with this subsection (w) by | ||||||
22 | the Adjutant General. The adoption of emergency rules | ||||||
23 | authorized by this subsection (w) is deemed to be necessary for | ||||||
24 | the public interest, safety, and welfare. | ||||||
25 | (x) In order to provide for the expeditious and timely | ||||||
26 | implementation of the provisions of Public Act 99-906, |
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1 | emergency rules to implement subsection (i) of Section 16-115D, | ||||||
2 | subsection (g) of Section 16-128A, and subsection (a) of | ||||||
3 | Section 16-128B of the Public Utilities Act may be adopted in | ||||||
4 | accordance with this subsection (x) by the Illinois Commerce | ||||||
5 | Commission. The rulemaking authority granted in this | ||||||
6 | subsection (x) shall apply only to those rules adopted within | ||||||
7 | 180 days after June 1, 2017 (the effective date of Public Act | ||||||
8 | 99-906). The adoption of emergency rules authorized by this | ||||||
9 | subsection (x) is deemed to be necessary for the public | ||||||
10 | interest, safety, and welfare. | ||||||
11 | (y) In order to provide for the expeditious and timely | ||||||
12 | implementation of the provisions of Public Act 100-23, | ||||||
13 | emergency rules to implement the changes made by Public Act | ||||||
14 | 100-23 to Section 4.02 of the Illinois Act on the Aging, | ||||||
15 | Sections 5.5.4 and 5-5.4i of the Illinois Public Aid Code, | ||||||
16 | Section 55-30 of the Alcoholism and Other Drug Abuse and | ||||||
17 | Dependency Act, and Sections 74 and 75 of the Mental Health and | ||||||
18 | Developmental Disabilities Administrative Act may be adopted | ||||||
19 | in accordance with this subsection (y) by the respective | ||||||
20 | Department. The adoption of emergency rules authorized by this | ||||||
21 | subsection (y) is deemed to be necessary for the public | ||||||
22 | interest, safety, and welfare. | ||||||
23 | (z) In order to provide for the expeditious and timely | ||||||
24 | implementation of the provisions of Public Act 100-554, | ||||||
25 | emergency rules to implement the changes made by Public Act | ||||||
26 | 100-554 to Section 4.7 of the Lobbyist Registration Act may be |
| |||||||
| |||||||
1 | adopted in accordance with this subsection (z) by the Secretary | ||||||
2 | of State. The adoption of emergency rules authorized by this | ||||||
3 | subsection (z) is deemed to be necessary for the public | ||||||
4 | interest, safety, and welfare. | ||||||
5 | (aa) In order to provide for the expeditious and timely | ||||||
6 | initial implementation of the changes made to Articles 5, 5A, | ||||||
7 | 12, and 14 of the Illinois Public Aid Code under the provisions | ||||||
8 | of Public Act 100-581, the Department of Healthcare and Family | ||||||
9 | Services may adopt emergency rules in accordance with this | ||||||
10 | subsection (aa). The 24-month limitation on the adoption of | ||||||
11 | emergency rules does not apply to rules to initially implement | ||||||
12 | the changes made to Articles 5, 5A, 12, and 14 of the Illinois | ||||||
13 | Public Aid Code adopted under this subsection (aa). The | ||||||
14 | adoption of emergency rules authorized by this subsection (aa) | ||||||
15 | is deemed to be necessary for the public interest, safety, and | ||||||
16 | welfare. | ||||||
17 | (bb) In order to provide for the expeditious and timely | ||||||
18 | implementation of the provisions of Public Act 100-587, | ||||||
19 | emergency rules to implement the changes made by Public Act | ||||||
20 | 100-587 to Section 4.02 of the Illinois Act on the Aging, | ||||||
21 | Sections 5.5.4 and 5-5.4i of the Illinois Public Aid Code, | ||||||
22 | subsection (b) of Section 55-30 of the Alcoholism and Other | ||||||
23 | Drug Abuse and Dependency Act, Section 5-104 of the Specialized | ||||||
24 | Mental Health Rehabilitation Act of 2013, and Section 75 and | ||||||
25 | subsection (b) of Section 74 of the Mental Health and | ||||||
26 | Developmental Disabilities Administrative Act may be adopted |
| |||||||
| |||||||
1 | in accordance with this subsection (bb) by the respective | ||||||
2 | Department. The adoption of emergency rules authorized by this | ||||||
3 | subsection (bb) is deemed to be necessary for the public | ||||||
4 | interest, safety, and welfare. | ||||||
5 | (cc) In order to provide for the expeditious and timely | ||||||
6 | implementation of the provisions of Public Act 100-587, | ||||||
7 | emergency rules may be adopted in accordance with this | ||||||
8 | subsection (cc) to implement the changes made by Public Act | ||||||
9 | 100-587 to: Sections 14-147.5 and 14-147.6 of the Illinois | ||||||
10 | Pension Code by the Board created under Article 14 of the Code; | ||||||
11 | Sections 15-185.5 and 15-185.6 of the Illinois Pension Code by | ||||||
12 | the Board created under Article 15 of the Code; and Sections | ||||||
13 | 16-190.5 and 16-190.6 of the Illinois Pension Code by the Board | ||||||
14 | created under Article 16 of the Code. The adoption of emergency | ||||||
15 | rules authorized by this subsection (cc) is deemed to be | ||||||
16 | necessary for the public interest, safety, and welfare. | ||||||
17 | (dd) In order to provide for the expeditious and timely | ||||||
18 | implementation of the provisions of Public Act 100-864, | ||||||
19 | emergency rules to implement the changes made by Public Act | ||||||
20 | 100-864 to Section 3.35 of the Newborn Metabolic Screening Act | ||||||
21 | may be adopted in accordance with this subsection (dd) by the | ||||||
22 | Secretary of State. The adoption of emergency rules authorized | ||||||
23 | by this subsection (dd) is deemed to be necessary for the | ||||||
24 | public interest, safety, and welfare. | ||||||
25 | (ee) In order to provide for the expeditious and timely | ||||||
26 | implementation of the provisions of this amendatory Act of the |
| |||||||
| |||||||
1 | 100th General Assembly, emergency rules implementing the | ||||||
2 | Illinois Underground Natural Gas Storage Safety Act may be | ||||||
3 | adopted in accordance with this subsection by the Department of | ||||||
4 | Natural Resources. The adoption of emergency rules authorized | ||||||
5 | by this subsection is deemed to be necessary for the public | ||||||
6 | interest, safety, and welfare. | ||||||
7 | (ff) In order to provide for the expeditious and timely | ||||||
8 | implementation of the provisions of this amendatory Act of the | ||||||
9 | 101st General Assembly, emergency rules to implement the | ||||||
10 | changes made by this amendatory Act of the 101st General | ||||||
11 | Assembly to Section 4.8 of the Lobbyist Registration Act may be | ||||||
12 | adopted in accordance with this subsection (ff) by the | ||||||
13 | Secretary of State. The adoption of emergency rules authorized | ||||||
14 | by this subsection (ff) is deemed to be necessary for the | ||||||
15 | public interest, safety, and welfare. | ||||||
16 | (Source: P.A. 99-2, eff. 3-26-15; 99-6, eff. 1-1-16; 99-143, | ||||||
17 | eff. 7-27-15; 99-455, eff. 1-1-16; 99-516, eff. 6-30-16; | ||||||
18 | 99-642, eff. 7-28-16; 99-796, eff. 1-1-17; 99-906, eff. 6-1-17; | ||||||
19 | 100-23, eff. 7-6-17; 100-554, eff. 11-16-17; 100-581, eff. | ||||||
20 | 3-12-18; 100-587, Article 95, Section 95-5, eff. 6-4-18; | ||||||
21 | 100-587, Article 110, Section 110-5, eff. 6-4-18; 100-864, eff. | ||||||
22 | 8-14-18; 100-1172, eff. 1-4-19.)
| ||||||
23 | Section 55. The State Officials and Employees Ethics Act is | ||||||
24 | amended by changing Sections 5-5, 50-5, and 70-5 and by adding | ||||||
25 | Sections 5-10.10 and 5-70 as follows:
|
| |||||||
| |||||||
1 | (5 ILCS 430/5-5)
| ||||||
2 | Sec. 5-5. Personnel policies.
| ||||||
3 | (a) Each of the following shall adopt and
implement | ||||||
4 | personnel policies for all State employees under his, her, or | ||||||
5 | its
jurisdiction and control: (i) each executive branch | ||||||
6 | constitutional officer,
(ii) each legislative leader, (iii) | ||||||
7 | the Senate Operations Commission, with
respect to legislative | ||||||
8 | employees under Section 4 of the General Assembly
Operations | ||||||
9 | Act, (iv) the Speaker of the House of Representatives, with | ||||||
10 | respect
to legislative employees under Section 5 of the General | ||||||
11 | Assembly Operations
Act, (v) the Joint Committee on Legislative | ||||||
12 | Support
Services, with respect to State employees of the | ||||||
13 | legislative support services
agencies,
(vi) members of the | ||||||
14 | General Assembly, with respect to legislative assistants,
as | ||||||
15 | provided in Section 4 of the General Assembly Compensation Act,
| ||||||
16 | (vii) the Auditor General, (viii) the Board of Higher | ||||||
17 | Education, with respect
to
State employees of public | ||||||
18 | institutions of higher learning except community
colleges, and | ||||||
19 | (ix)
the Illinois Community College Board, with respect to | ||||||
20 | State employees of
community colleges. The Governor shall adopt | ||||||
21 | and implement
those policies for all State employees of the | ||||||
22 | executive branch not under the
jurisdiction and control
of any | ||||||
23 | other executive branch constitutional officer.
| ||||||
24 | (b) The policies required under subsection (a) shall be | ||||||
25 | filed with the
appropriate ethics commission established under |
| |||||||
| |||||||
1 | this Act or, for the Auditor
General, with the Office of the | ||||||
2 | Auditor General.
| ||||||
3 | (c) The policies required under subsection (a) shall | ||||||
4 | include
policies
relating to work time requirements, | ||||||
5 | documentation of time worked, documentation
for reimbursement
| ||||||
6 | for travel on official State business, compensation, and the | ||||||
7 | earning or accrual
of State
benefits for all State employees | ||||||
8 | who may be eligible to receive those
benefits. | ||||||
9 | No later than 30 days after November 16, 2017 ( the | ||||||
10 | effective date of Public Act 100-554) this amendatory Act of | ||||||
11 | the 100th General Assembly , the policies shall include, at a | ||||||
12 | minimum: (i) a prohibition on sexual harassment; (ii) details | ||||||
13 | on how an individual can report an allegation of sexual | ||||||
14 | harassment, including options for making a confidential report | ||||||
15 | to a supervisor, ethics officer, Inspector General, or the | ||||||
16 | Department of Human Rights; (iii) a prohibition on retaliation | ||||||
17 | for reporting sexual harassment allegations, including | ||||||
18 | availability of whistleblower protections under this Act, the | ||||||
19 | Whistleblower Act, and the Illinois Human Rights Act; and (iv) | ||||||
20 | the consequences of a violation of the prohibition on sexual | ||||||
21 | harassment and the consequences for knowingly making a false | ||||||
22 | report. The policies shall comply with and be consistent with | ||||||
23 | all other
applicable laws.
| ||||||
24 | No later than 30 days after the effective date of this | ||||||
25 | amendatory Act of the 101st General Assembly, the policies | ||||||
26 | shall include, at a minimum: (i) a prohibition on racial |
| |||||||
| |||||||
1 | discrimination and harassment; (ii) details on how an | ||||||
2 | individual can report an allegation of racial discrimination | ||||||
3 | and harassment, including options for making a confidential | ||||||
4 | report to a supervisor, ethics officer, Inspector General, or | ||||||
5 | the Department of Human Rights; (iii) a prohibition on | ||||||
6 | retaliation for reporting racial discrimination and harassment | ||||||
7 | allegations, including availability of whistleblower | ||||||
8 | protections under this Act, the Whistleblower Act, and the | ||||||
9 | Illinois Human Rights Act; and (iv) the consequences of a | ||||||
10 | violation of the prohibition on racial discrimination and | ||||||
11 | harassment and the consequences for knowingly making a false | ||||||
12 | report. The policies shall comply with and be consistent with | ||||||
13 | all other
applicable laws. The policies shall
require State | ||||||
14 | employees to periodically submit time sheets
documenting
the | ||||||
15 | time spent each day on official State business to the nearest | ||||||
16 | quarter hour;
contractual State employees may satisfy the
time | ||||||
17 | sheets
requirement by complying with the terms
of their | ||||||
18 | contract, which shall provide for a means of compliance with | ||||||
19 | this
requirement. The policies for State employees
shall | ||||||
20 | require those time sheets to be submitted
on
paper, | ||||||
21 | electronically, or both and to be maintained in either paper or
| ||||||
22 | electronic format by the applicable fiscal
office for a period | ||||||
23 | of at least 2 years.
| ||||||
24 | (d) The policies required under subsection (a) shall be | ||||||
25 | adopted by the
applicable entity before February 1, 2004 and | ||||||
26 | shall apply to State
employees beginning 30 days after |
| |||||||
| |||||||
1 | adoption.
| ||||||
2 | (Source: P.A. 100-554, eff. 11-16-17.)
| ||||||
3 | (5 ILCS 430/5-10.10 new) | ||||||
4 | Sec. 5-10.10. Racial bias, discrimination, and harassment | ||||||
5 | training. | ||||||
6 | (a) Each officer, member, and employee must complete, at | ||||||
7 | least annually beginning in 2020, a racial bias, | ||||||
8 | discrimination, and harassment training program. A person who | ||||||
9 | fills a vacancy in an elective or appointed position that | ||||||
10 | requires training under this Section must complete his or her | ||||||
11 | initial racial bias, discrimination, and harassment training | ||||||
12 | program within 30 days after commencement of his or her office | ||||||
13 | or employment. The training shall include, at a minimum, the | ||||||
14 | following: (i) the definitions and descriptions of racial bias, | ||||||
15 | discrimination, and harassment utilizing examples; (ii) | ||||||
16 | details on how an individual can report an allegation of racial | ||||||
17 | discrimination or harassment, including options for making a | ||||||
18 | confidential report to a supervisor, ethics officer, Inspector | ||||||
19 | General, or the Department of Human Rights; (iii) the | ||||||
20 | definition and description of retaliation for reporting racial | ||||||
21 | discrimination and harassment allegations utilizing examples, | ||||||
22 | including availability of whistleblower protections under this | ||||||
23 | Act, the Whistleblower Act, and the Illinois Human Rights Act; | ||||||
24 | and (iv) the consequences of a violation of the prohibition on | ||||||
25 | racial discrimination or harassment and the consequences for |
| |||||||
| |||||||
1 | knowingly making a false report. Proof of completion must be | ||||||
2 | submitted to the applicable ethics officer. Racial bias, | ||||||
3 | discrimination, and harassment training programs shall be | ||||||
4 | overseen by the appropriate Ethics Commission and Inspector | ||||||
5 | General appointed under this Act. | ||||||
6 | (b) Each ultimate jurisdictional authority shall submit to | ||||||
7 | the applicable Ethics Commission, at least annually, or more | ||||||
8 | frequently as required by that Commission, a report that | ||||||
9 | summarizes the racial bias, discrimination, and harassment | ||||||
10 | training program that was completed during the previous year, | ||||||
11 | and lays out the plan for the training program in the coming | ||||||
12 | year. The report shall include the names of individuals that | ||||||
13 | failed to complete the required training program. Each Ethics | ||||||
14 | Commission shall make the reports available on its website.
| ||||||
15 | (5 ILCS 430/5-70 new) | ||||||
16 | Sec. 5-70. Prohibition on racial discrimination and | ||||||
17 | harassment. | ||||||
18 | (a) All persons have a right to work in an environment free | ||||||
19 | from racial discrimination and harassment. All persons subject | ||||||
20 | to this Act are prohibited from racially discriminating against | ||||||
21 | or harassing any person, regardless of any employment | ||||||
22 | relationship or lack thereof. | ||||||
23 | (b) For purposes of this Act, "racial discrimination and | ||||||
24 | harassment" means any actions taken, or decisions or statements | ||||||
25 | made, based on an individual's actual or perceived race when |
| |||||||
| |||||||
1 | such actions are taken, or decisions or statements: (i) are | ||||||
2 | made in relation to an individual's employment; (ii) are used | ||||||
3 | as all or part of the basis for employment decisions affecting | ||||||
4 | such individual; or (iii) have the purpose or effect of | ||||||
5 | substantially interfering with an individual's work | ||||||
6 | performance or creating an intimidating, hostile, or offensive | ||||||
7 | working environment. For purposes of this definition, the | ||||||
8 | phrase "working environment" is not limited to a physical | ||||||
9 | location an employee is assigned to perform his or her duties | ||||||
10 | and does not require an employment relationship.
| ||||||
11 | (5 ILCS 430/50-5)
| ||||||
12 | Sec. 50-5. Penalties. | ||||||
13 | (a) A person is guilty of a Class A misdemeanor if that | ||||||
14 | person intentionally
violates any provision of Section 5-15, | ||||||
15 | 5-30, 5-40, or 5-45 or Article 15.
| ||||||
16 | (a-1) An ethics commission may levy an administrative fine | ||||||
17 | for a violation of Section 5-45 of this Act of up to 3 times the | ||||||
18 | total annual compensation that would have been obtained in | ||||||
19 | violation of Section 5-45. | ||||||
20 | (b) A person who intentionally violates any provision
of | ||||||
21 | Section 5-20, 5-35, 5-50, or 5-55 is guilty of a business | ||||||
22 | offense
subject to a fine of at least $1,001 and up to $5,000.
| ||||||
23 | (c) A person who intentionally violates any provision of | ||||||
24 | Article 10 is
guilty of a business
offense and subject to a | ||||||
25 | fine of at least $1,001 and up to $5,000.
|
| |||||||
| |||||||
1 | (d) Any person who intentionally makes a
false report | ||||||
2 | alleging a violation of any provision of this Act to an ethics
| ||||||
3 | commission,
an inspector general,
the State Police, a State's | ||||||
4 | Attorney, the Attorney General, or any other law
enforcement | ||||||
5 | official is guilty of a Class A misdemeanor.
| ||||||
6 | (e) An ethics commission may levy an administrative fine of | ||||||
7 | up to $5,000
against any person
who violates this Act, who | ||||||
8 | intentionally obstructs or interferes with an
investigation
| ||||||
9 | conducted under this Act by an inspector general, or who
| ||||||
10 | intentionally makes a false, frivolous, or bad faith | ||||||
11 | allegation.
| ||||||
12 | (f) In addition to any other penalty that may apply, | ||||||
13 | whether criminal or
civil, a State employee who intentionally | ||||||
14 | violates
any provision of Section 5-5, 5-15, 5-20, 5-30, 5-35, | ||||||
15 | 5-45, or 5-50, Article 10,
Article 15, or Section 20-90 or | ||||||
16 | 25-90 is subject to discipline or discharge by
the
appropriate | ||||||
17 | ultimate
jurisdictional authority.
| ||||||
18 | (g) Any person who violates Section 5-65 or 5-70 is subject | ||||||
19 | to a fine of up to $5,000 per offense, and is subject to | ||||||
20 | discipline or discharge by the appropriate ultimate | ||||||
21 | jurisdictional authority. Each violation of Section 5-65 or | ||||||
22 | 5-70 is a separate offense. Any penalty imposed by an ethics | ||||||
23 | commission shall be separate and distinct from any fines or | ||||||
24 | penalties imposed by a court of law or a State or federal | ||||||
25 | agency.
| ||||||
26 | (h) Any natural person or lobbying entity who intentionally |
| |||||||
| |||||||
1 | violates Section 4.7 or 4.8 , paragraph (d) or (e) of Section 5, | ||||||
2 | or subsection (a-5) of Section 11 of the Lobbyist Registration | ||||||
3 | Act is guilty of a business offense and shall be subject to a | ||||||
4 | fine of up to $5,000. The Executive Ethics Commission, after | ||||||
5 | the adjudication of a violation of Section 4.7 of the Lobbyist | ||||||
6 | Registration Act for which an investigation was initiated by | ||||||
7 | the Inspector General appointed by the Secretary of State under | ||||||
8 | Section 14 of the Secretary of State Act, is authorized to | ||||||
9 | strike or suspend the registration under the Lobbyist | ||||||
10 | Registration Act of any person or lobbying entity for which | ||||||
11 | that person is employed for a period of up to 3 years. In | ||||||
12 | addition to any other fine or penalty which may be imposed, the | ||||||
13 | Executive Ethics Commission may also levy an administrative | ||||||
14 | fine of up to $5,000 for a violation specified under this | ||||||
15 | subsection (h). Any penalty imposed by an ethics commission | ||||||
16 | shall be separate and distinct from any fines or penalties | ||||||
17 | imposed by a court of law or by the Secretary of State under | ||||||
18 | the Lobbyist Registration Act. | ||||||
19 | (Source: P.A. 100-554, eff. 11-16-17; 100-588, eff. 6-8-18.)
| ||||||
20 | (5 ILCS 430/70-5)
| ||||||
21 | Sec. 70-5. Adoption by governmental entities.
| ||||||
22 | (a) Within 6 months after the effective date of this Act, | ||||||
23 | each governmental
entity other than a community college | ||||||
24 | district, and each community college district within 6 months | ||||||
25 | after the effective date of this amendatory Act of the 95th |
| |||||||
| |||||||
1 | General Assembly, shall
adopt an ordinance or resolution that | ||||||
2 | regulates, in a manner no less
restrictive than Section 5-15 | ||||||
3 | and Article 10 of this
Act, (i) the political activities of | ||||||
4 | officers and employees of the
governmental entity
and (ii) the | ||||||
5 | soliciting and accepting of gifts by and the offering and | ||||||
6 | making
of gifts to
officers and employees of the governmental | ||||||
7 | entity.
| ||||||
8 | No later than 60 days after November 16, 2017 ( the | ||||||
9 | effective date of Public Act 100-554) this amendatory Act of | ||||||
10 | the 100th General Assembly , each governmental unit shall adopt | ||||||
11 | an ordinance or resolution establishing a policy to prohibit | ||||||
12 | sexual harassment. The policy shall include, at a minimum: (i) | ||||||
13 | a prohibition on sexual harassment; (ii) details on how an | ||||||
14 | individual can report an allegation of sexual harassment, | ||||||
15 | including options for making a confidential report to a | ||||||
16 | supervisor, ethics officer, Inspector General, or the | ||||||
17 | Department of Human Rights; (iii) a prohibition on retaliation | ||||||
18 | for reporting sexual harassment allegations, including | ||||||
19 | availability of whistleblower protections under this Act, the | ||||||
20 | Whistleblower Act, and the Illinois Human Rights Act; and (iv) | ||||||
21 | the consequences of a violation of the prohibition on sexual | ||||||
22 | harassment and the consequences for knowingly making a false | ||||||
23 | report. | ||||||
24 | No later than 60 days after the effective date of this | ||||||
25 | amendatory Act of the 101st General Assembly, each governmental | ||||||
26 | unit shall adopt an ordinance or resolution establishing a |
| |||||||
| |||||||
1 | policy to prohibit racial discrimination and harassment. The | ||||||
2 | policy shall include, at a minimum: (i) a prohibition on racial | ||||||
3 | discrimination and harassment; (ii) details on how an | ||||||
4 | individual can report an allegation of racial discrimination | ||||||
5 | and harassment, including options for making a confidential | ||||||
6 | report to a supervisor, ethics officer, Inspector General, or | ||||||
7 | the Department of Human Rights; (iii) a prohibition on | ||||||
8 | retaliation for reporting racial discrimination and harassment | ||||||
9 | allegations, including availability of whistleblower | ||||||
10 | protections under this Act, the Whistleblower Act, and the | ||||||
11 | Illinois Human Rights Act; and (iv) the consequences of a | ||||||
12 | violation of the prohibition on racial discrimination and | ||||||
13 | harassment and the consequences for knowingly making a false | ||||||
14 | report.
| ||||||
15 | (b) Within 3 months after the effective date of this | ||||||
16 | amendatory Act of the
93rd General Assembly, the Attorney | ||||||
17 | General shall develop model ordinances
and resolutions for
the
| ||||||
18 | purpose of this Article. The Attorney General shall advise
| ||||||
19 | governmental
entities on their
contents and adoption.
| ||||||
20 | (c) As used in this Article, (i) an "officer" means an | ||||||
21 | elected or appointed
official; regardless of whether the | ||||||
22 | official is compensated,
and (ii) an "employee" means a | ||||||
23 | full-time, part-time, or contractual employee.
| ||||||
24 | (Source: P.A. 100-554, eff. 11-16-17.)
| ||||||
25 | Section 60. The Secretary of State Act is amended by |
| |||||||
| |||||||
1 | changing Section 14 as follows:
| ||||||
2 | (15 ILCS 305/14) | ||||||
3 | Sec. 14. Inspector General. | ||||||
4 | (a) The Secretary of State must, with the advice and | ||||||
5 | consent of the Senate,
appoint an Inspector General for the | ||||||
6 | purpose of detection, deterrence, and
prevention of fraud,
| ||||||
7 | corruption, mismanagement, gross or aggravated misconduct, or | ||||||
8 | misconduct
that may be criminal in nature in the Office of the | ||||||
9 | Secretary of State. The
Inspector General shall serve a 5-year | ||||||
10 | term.
If no successor is appointed and qualified upon the
| ||||||
11 | expiration of the Inspector General's term, the Office of | ||||||
12 | Inspector General is
deemed vacant and the powers and duties | ||||||
13 | under this Section may be exercised
only by an appointed and | ||||||
14 | qualified interim Inspector General until a successor
| ||||||
15 | Inspector General is appointed and qualified.
If the General | ||||||
16 | Assembly is not in session when a vacancy in the Office of
| ||||||
17 | Inspector General occurs, the Secretary of State may appoint an | ||||||
18 | interim
Inspector General whose term shall expire 2 weeks after | ||||||
19 | the next
regularly scheduled session day of the Senate. | ||||||
20 | (b) The Inspector General shall have the following | ||||||
21 | qualifications: | ||||||
22 | (1) has not been convicted of any felony under the laws | ||||||
23 | of this State,
another State, or the United States; | ||||||
24 | (2) has earned a baccalaureate degree from an | ||||||
25 | institution of higher
education; and |
| |||||||
| |||||||
1 | (3) has either (A) 5 or more years of service with a | ||||||
2 | federal, State, or
local law enforcement agency, at least 2 | ||||||
3 | years of which have been in a
progressive investigatory | ||||||
4 | capacity; (B) 5 or more years of service as a
federal, | ||||||
5 | State, or local prosecutor; or (C) 5 or more years of | ||||||
6 | service as a
senior manager or executive of a federal, | ||||||
7 | State, or local
agency. | ||||||
8 | (c) The Inspector General may review, coordinate, and | ||||||
9 | recommend methods and
procedures to increase the integrity of | ||||||
10 | the Office of the Secretary of State.
The duties of the | ||||||
11 | Inspector General shall
supplement and not supplant the duties | ||||||
12 | of the Chief Auditor for the Secretary
of State's Office or any | ||||||
13 | other Inspector General that may be authorized by law.
The | ||||||
14 | Inspector General must report directly to the Secretary
of | ||||||
15 | State. | ||||||
16 | (d) In addition to the authority otherwise provided by this | ||||||
17 | Section, but
only when investigating the Office of the | ||||||
18 | Secretary of State, its employees, or
their actions for
fraud, | ||||||
19 | corruption, mismanagement, gross or aggravated misconduct, or
| ||||||
20 | misconduct that may be criminal in nature, the Inspector | ||||||
21 | General is
authorized: | ||||||
22 | (1) To have access to all records, reports, audits, | ||||||
23 | reviews, documents,
papers, recommendations, or other | ||||||
24 | materials available that relate to programs
and operations | ||||||
25 | with respect to which the Inspector General has | ||||||
26 | responsibilities
under this Section. |
| |||||||
| |||||||
1 | (2) To make any investigations and reports relating to | ||||||
2 | the administration
of the programs and operations of the | ||||||
3 | Office of the Secretary of State that
are, in the judgment | ||||||
4 | of the Inspector General, necessary or desirable. | ||||||
5 | (3) To request any information or assistance that may | ||||||
6 | be necessary for
carrying out the duties and | ||||||
7 | responsibilities provided by this Section from any
local, | ||||||
8 | State, or federal governmental agency or unit thereof. | ||||||
9 | (4) To require by subpoena the
appearance of witnesses | ||||||
10 | and the production of all information, documents,
reports, | ||||||
11 | answers, records, accounts, papers, and other data and | ||||||
12 | documentary
evidence necessary in the performance of the | ||||||
13 | functions assigned by this
Section, with the exception of | ||||||
14 | subsection (c) and with the exception of records
of a labor
| ||||||
15 | organization authorized and recognized under the Illinois | ||||||
16 | Public Labor
Relations
Act to be the exclusive bargaining | ||||||
17 | representative of employees of the Secretary
of State, | ||||||
18 | including, but not limited to, records of representation of | ||||||
19 | employees
and
the negotiation of collective bargaining | ||||||
20 | agreements. A subpoena may be issued
under
this paragraph | ||||||
21 | (4) only by the
Inspector General and not by members of the | ||||||
22 | Inspector General's staff.
A person duly
subpoenaed for | ||||||
23 | testimony, documents, or other items who neglects or | ||||||
24 | refuses to
testify or produce documents or other items | ||||||
25 | under the requirements of the
subpoena shall be subject to | ||||||
26 | punishment as
may be determined by a court of competent |
| |||||||
| |||||||
1 | jurisdiction, unless (i) the
testimony, documents, or | ||||||
2 | other items are covered by the attorney-client
privilege or
| ||||||
3 | any other privilege or right recognized by law or (ii) the | ||||||
4 | testimony,
documents, or other items concern the | ||||||
5 | representation of employees and the
negotiation of | ||||||
6 | collective bargaining agreements by a labor
organization | ||||||
7 | authorized and recognized under the Illinois Public
Labor | ||||||
8 | Relations Act to be the exclusive bargaining | ||||||
9 | representative of
employees of the Secretary of State. | ||||||
10 | Nothing in this Section limits a
person's right to | ||||||
11 | protection against self-incrimination under the Fifth
| ||||||
12 | Amendment of the United States Constitution or Article I, | ||||||
13 | Section 10,
of the Constitution of the State of Illinois. | ||||||
14 | (5) To have direct and prompt access to the Secretary | ||||||
15 | of State for any
purpose pertaining to the performance of | ||||||
16 | functions and responsibilities under
this Section. | ||||||
17 | (d-5) In addition to the authority otherwise provided by | ||||||
18 | this Section, the Secretary of State Inspector General shall | ||||||
19 | have jurisdiction to investigate complaints and allegations of | ||||||
20 | wrongdoing by any person or entity related to the Lobbyist | ||||||
21 | Registration Act. When investigating those complaints and | ||||||
22 | allegations, the Inspector General is authorized: | ||||||
23 | (1) To have access to all records, reports, audits, | ||||||
24 | reviews, documents, papers, recommendations, or other | ||||||
25 | materials available that relate to programs and operations | ||||||
26 | with respect to which the Inspector General has |
| |||||||
| |||||||
1 | responsibilities under this Section. | ||||||
2 | (2) 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 | (3) 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. A subpoena may be | ||||||
11 | issued under this paragraph (3) only by the Inspector | ||||||
12 | General and not by members of the Inspector General's | ||||||
13 | staff. A person duly subpoenaed for testimony, documents, | ||||||
14 | or other items who neglects or refuses to testify or | ||||||
15 | produce documents or other items under the requirements of | ||||||
16 | the subpoena shall be subject to punishment as may be | ||||||
17 | determined by a court of competent jurisdiction, unless the | ||||||
18 | testimony, documents, or other items are covered by the | ||||||
19 | attorney-client privilege or any other privilege or right | ||||||
20 | recognized by law. Nothing in this Section limits a | ||||||
21 | person's right to protection against self-incrimination | ||||||
22 | under the Fifth Amendment of the United States Constitution | ||||||
23 | or Section 10 of Article I of the Constitution of the State | ||||||
24 | of Illinois. | ||||||
25 | (4) To have direct and prompt access to the Secretary | ||||||
26 | of State for any purpose pertaining to the performance of |
| |||||||
| |||||||
1 | functions and responsibilities under this Section.
| ||||||
2 | (5) As provided in subsection (d) of Section 5 of the | ||||||
3 | Lobbyist Registration Act, to review allegations that an | ||||||
4 | individual required to be registered under the Lobbyist | ||||||
5 | Registration Act has engaged in one or more acts of sexual | ||||||
6 | harassment. Upon completion of that review, the Inspector | ||||||
7 | General shall submit a summary of the review to the | ||||||
8 | Executive Ethics Commission. The Inspector General is | ||||||
9 | authorized to file pleadings with the Executive Ethics | ||||||
10 | Commission, through the Attorney General, if the Attorney | ||||||
11 | General finds that reasonable cause exists to believe that | ||||||
12 | a violation regarding acts of sexual harassment has | ||||||
13 | occurred. The Secretary shall adopt rules setting forth the | ||||||
14 | procedures for the review of such allegations. | ||||||
15 | (6) As provided in subsection (e) of Section 5 of the | ||||||
16 | Lobbyist Registration Act, to review allegations that an | ||||||
17 | individual required to be registered under the Lobbyist | ||||||
18 | Registration Act has engaged in one or more acts of racial | ||||||
19 | discrimination and harassment. Upon completion of that | ||||||
20 | review, the Inspector General shall submit a summary of the | ||||||
21 | review to the Executive Ethics Commission. The Secretary | ||||||
22 | shall adopt rules setting forth the procedures for the | ||||||
23 | review of such allegations. | ||||||
24 | (e) The Inspector General may receive and investigate | ||||||
25 | complaints or
information concerning the possible
existence of | ||||||
26 | an activity constituting a violation of law, rules, or
|
| |||||||
| |||||||
1 | regulations; mismanagement; abuse of authority; or substantial | ||||||
2 | and specific
danger to the public health and safety. Any person
| ||||||
3 | who knowingly files a
false
complaint or files a complaint with | ||||||
4 | reckless disregard for the truth or the
falsity
of the facts | ||||||
5 | underlying the complaint may be subject to discipline as set | ||||||
6 | forth
in the rules of the Department of Personnel of the | ||||||
7 | Secretary of State or the Inspector General may refer the | ||||||
8 | matter to a State's Attorney or the Attorney General. | ||||||
9 | The Inspector General may not, after receipt of a complaint | ||||||
10 | or information, disclose the
identity of the source
without the | ||||||
11 | consent of the source, unless the
Inspector General determines | ||||||
12 | that
disclosure of the identity is reasonable and necessary for | ||||||
13 | the furtherance of
the
investigation. | ||||||
14 | Any employee who has the authority to recommend or
approve | ||||||
15 | any personnel action or to direct others to recommend or | ||||||
16 | approve any
personnel action may not, with respect to that | ||||||
17 | authority, take or threaten to
take any action against any | ||||||
18 | employee as a reprisal for making a
complaint or disclosing | ||||||
19 | information to the Inspector General, unless the
complaint was | ||||||
20 | made or the information disclosed with the knowledge that it | ||||||
21 | was
false or with willful disregard for its truth or falsity. | ||||||
22 | (f) The Inspector General must adopt rules, in accordance | ||||||
23 | with the
provisions of the Illinois Administrative Procedure | ||||||
24 | Act, establishing minimum
requirements for initiating, | ||||||
25 | conducting, and completing investigations. The
rules must | ||||||
26 | establish criteria for determining, based upon the nature of |
| |||||||
| |||||||
1 | the
allegation, the appropriate method of investigation, which | ||||||
2 | may include, but is
not limited to, site visits, telephone | ||||||
3 | contacts, personal interviews, or
requests for written | ||||||
4 | responses. The rules must also clarify how the Office of
the | ||||||
5 | Inspector General shall interact with other local, State, and | ||||||
6 | federal law
enforcement investigations. | ||||||
7 | Any employee of the Secretary of State subject to | ||||||
8 | investigation or inquiry
by the Inspector General or any agent | ||||||
9 | or representative of the Inspector
General concerning | ||||||
10 | misconduct that is criminal in nature shall have the right
to | ||||||
11 | be notified of the right to remain silent
during the | ||||||
12 | investigation or inquiry and the right to be represented in the
| ||||||
13 | investigation or inquiry by an attorney or a representative of | ||||||
14 | a labor
organization that is
the exclusive collective | ||||||
15 | bargaining representative of employees of the
Secretary of | ||||||
16 | State.
Any investigation or inquiry by the Inspector General or | ||||||
17 | any agent or
representative of the Inspector General must be | ||||||
18 | conducted with an awareness of
the provisions of a collective | ||||||
19 | bargaining agreement that applies to the
employees
of the | ||||||
20 | Secretary of State and with an awareness of the rights of the | ||||||
21 | employees
as set forth in State and federal law and applicable | ||||||
22 | judicial decisions. Any
recommendations for discipline or any | ||||||
23 | action taken
against any employee by the
Inspector General or | ||||||
24 | any representative or agent of the Inspector General must
| ||||||
25 | comply with the provisions of the collective bargaining | ||||||
26 | agreement that applies
to the employee. |
| |||||||
| |||||||
1 | (g) On or before January 1 of each year, the Inspector | ||||||
2 | General shall report
to the President of the Senate, the | ||||||
3 | Minority Leader of the Senate, the Speaker
of the House of | ||||||
4 | Representatives, and the Minority Leader of the House of
| ||||||
5 | Representatives on the types of investigations and the | ||||||
6 | activities undertaken by
the Office of the Inspector General | ||||||
7 | during the previous calendar year. | ||||||
8 | (Source: P.A. 100-554, eff. 11-16-17; 100-588, eff. 6-8-18.)
| ||||||
9 | Section 65. The Lobbyist Registration Act is amended by | ||||||
10 | changing Sections 5 and 10 and by adding Section 4.8 as | ||||||
11 | follows:
| ||||||
12 | (25 ILCS 170/4.8 new) | ||||||
13 | Sec. 4.8. Prohibition on racial discrimination and | ||||||
14 | harassment. | ||||||
15 | (a) All persons have the right to work in an environment | ||||||
16 | free from racial discrimination and harassment. All persons | ||||||
17 | subject to this Act shall refrain from racial discrimination | ||||||
18 | and harassment of any person. | ||||||
19 | (b) Beginning January 1, 2020, each natural person required | ||||||
20 | to register as a lobbyist under this Act must complete, at | ||||||
21 | least annually, a racial bias, discrimination, and harassment | ||||||
22 | training program provided by the Secretary of State. A natural | ||||||
23 | person registered under this Act must complete the training | ||||||
24 | program no later than 30 days after registration or renewal |
| |||||||
| |||||||
1 | under this Act. This requirement does not apply to a lobbying | ||||||
2 | entity or a client that hires a lobbyist that (i) does not have | ||||||
3 | employees of the lobbying entity or client registered as | ||||||
4 | lobbyists, or (ii) does not have an actual presence in | ||||||
5 | Illinois. | ||||||
6 | (c) No later than January 1, 2020, each natural person and | ||||||
7 | any entity required to register under this Act shall have a | ||||||
8 | written racial discrimination and harassment policy that shall | ||||||
9 | include, at a minimum: (i) a prohibition on racial | ||||||
10 | discrimination and harassment; (ii) details on how an | ||||||
11 | individual can report an allegation of racial discrimination | ||||||
12 | and harassment, including options for making a confidential | ||||||
13 | report to a supervisor, ethics officer, Inspector General, or | ||||||
14 | the Department of Human Rights; (iii) a prohibition on | ||||||
15 | retaliation for reporting racial discrimination and harassment | ||||||
16 | allegations, including availability of whistleblower | ||||||
17 | protections under the State Officials and Employee Ethics Act, | ||||||
18 | the Whistleblower Act, and the Illinois Human Rights Act; and | ||||||
19 | (iv) the consequences of a violation of the prohibition on | ||||||
20 | racial discrimination and harassment and the consequences for | ||||||
21 | knowingly making a false report. | ||||||
22 | (d) For purposes of this Act, "racial discrimination and | ||||||
23 | harassment" means any actions taken, or decisions or statements | ||||||
24 | made, based on an individual's actual or perceived race when | ||||||
25 | such actions are taken, or decisions or statements: (i) are | ||||||
26 | made in relation to an individual's employment; (ii) are used |
| |||||||
| |||||||
1 | as all or part of the basis for employment decisions affecting | ||||||
2 | such individual; or (iii) have the purpose or effect of | ||||||
3 | substantially interfering with an individual's work | ||||||
4 | performance or creating an intimidating, hostile, or offensive | ||||||
5 | working environment. For purposes of this definition, the | ||||||
6 | phrase "working environment" is not limited to a physical | ||||||
7 | location an employee is assigned to perform his or her duties | ||||||
8 | and does not require an employment relationship. | ||||||
9 | (e) The Secretary of State shall adopt rules for the | ||||||
10 | implementation of this Section. In order to provide for the | ||||||
11 | expeditious and timely implementation of this Section, the | ||||||
12 | Secretary of State shall adopt emergency rules under subsection | ||||||
13 | (ff) of Section 5-45 of the Illinois Administrative Procedure | ||||||
14 | Act for the implementation of this Section no later than 60 | ||||||
15 | days after the effective date of this amendatory Act of the | ||||||
16 | 101st General Assembly.
| ||||||
17 | (25 ILCS 170/5) | ||||||
18 | Sec. 5. Lobbyist registration and disclosure. Every | ||||||
19 | natural person and every entity required to
register under this | ||||||
20 | Act shall
before any service
is performed which requires the | ||||||
21 | natural person or entity to register, but in any event not
| ||||||
22 | later than 2 business days after being employed or retained, | ||||||
23 | file in the Office of the
Secretary of State a statement in a | ||||||
24 | format prescribed by the Secretary of State containing the
| ||||||
25 | following
information
with respect to each person or entity
|
| |||||||
| |||||||
1 | employing, retaining, or benefitting from the services of the | ||||||
2 | natural person or entity required to register:
| ||||||
3 | (a) The registrant's name, permanent address, e-mail
| ||||||
4 | address, if any,
fax
number, if any, business telephone | ||||||
5 | number, and temporary address, if the
registrant has a | ||||||
6 | temporary address while lobbying.
| ||||||
7 | (a-5) If the registrant is an entity, the
information | ||||||
8 | required under subsection (a) for each natural person | ||||||
9 | associated with the
registrant who will be lobbying,
| ||||||
10 | regardless of whether lobbying is a significant part of his | ||||||
11 | or her duties.
| ||||||
12 | (b) The name and address of the client or clients | ||||||
13 | employing or retaining
the registrant to perform such | ||||||
14 | services or on whose behalf the registrant appears.
If the | ||||||
15 | client employing or retaining the registrant is a client | ||||||
16 | registrant, the statement shall also include the name and | ||||||
17 | address of the client or clients of the client registrant | ||||||
18 | on whose behalf the registrant will be or anticipates | ||||||
19 | performing services. | ||||||
20 | (c) A brief description of the executive, legislative, | ||||||
21 | or administrative
action in reference to which such service | ||||||
22 | is to be rendered.
| ||||||
23 | (c-5) Each executive and legislative branch agency the | ||||||
24 | registrant
expects
to lobby during the registration | ||||||
25 | period.
| ||||||
26 | (c-6) The nature of the client's business, by |
| |||||||
| |||||||
1 | indicating all
of the following categories that apply: (1) | ||||||
2 | banking and financial services, (2)
manufacturing, (3) | ||||||
3 | education, (4) environment, (5) healthcare, (6)
insurance, | ||||||
4 | (7) community interests, (8) labor, (9) public relations or
| ||||||
5 | advertising, (10) marketing or sales, (11) hospitality, | ||||||
6 | (12) engineering,
(13) information or technology products | ||||||
7 | or services, (14) social services,
(15) public utilities, | ||||||
8 | (16) racing or wagering, (17) real estate or
construction, | ||||||
9 | (18) telecommunications, (19) trade or professional
| ||||||
10 | association, (20) travel or tourism, (21) transportation, | ||||||
11 | (22) agriculture, and (23) other
(setting forth the nature | ||||||
12 | of that other business).
| ||||||
13 | (d) A confirmation that the registrant has a sexual | ||||||
14 | harassment policy as required by Section 4.7, that such | ||||||
15 | policy shall be made available to any individual within 2 | ||||||
16 | business days upon written request (including electronic | ||||||
17 | requests), that any person may contact the authorized agent | ||||||
18 | of the registrant to report allegations of sexual | ||||||
19 | harassment, and that the registrant recognizes the | ||||||
20 | Inspector General has jurisdiction to review any | ||||||
21 | allegations of sexual harassment alleged against the | ||||||
22 | registrant or lobbyists hired by the registrant. | ||||||
23 | (e) A confirmation that the registrant has a racial | ||||||
24 | discrimination and harassment policy as required by | ||||||
25 | Section 4.7, that such policy shall be made available to | ||||||
26 | any individual within 2 business days upon written request |
| |||||||
| |||||||
1 | (including electronic requests), that any person may | ||||||
2 | contact the authorized agent of the registrant to report | ||||||
3 | allegations of racial discrimination and harassment, and | ||||||
4 | that the registrant recognizes the Inspector General has | ||||||
5 | jurisdiction to review any allegations of racial | ||||||
6 | discrimination and harassment alleged against the | ||||||
7 | registrant or lobbyists hired by the registrant. | ||||||
8 | Every natural person and every entity required to register | ||||||
9 | under this Act shall annually submit the registration required | ||||||
10 | by this Section on or before each January 31. The registrant | ||||||
11 | has a continuing duty to report any substantial change or | ||||||
12 | addition to the information contained in the registration.
| ||||||
13 | The Secretary of State shall make all filed statements and | ||||||
14 | amendments to statements publicly available by means of a | ||||||
15 | searchable database that is accessible through the World Wide | ||||||
16 | Web. The Secretary of State shall provide all software | ||||||
17 | necessary to comply with this provision to all natural persons | ||||||
18 | and entities required to file. The Secretary of State shall | ||||||
19 | implement a plan to provide computer access and assistance to | ||||||
20 | natural persons and entities required to file electronically. | ||||||
21 | All natural persons
and entities required to register under | ||||||
22 | this Act shall remit a single, annual, and
nonrefundable $300 | ||||||
23 | registration fee. Each natural person required to register
| ||||||
24 | under this Act shall submit, on an annual basis, a picture of | ||||||
25 | the registrant. A registrant may, in lieu of submitting a
| ||||||
26 | picture on an annual basis, authorize the Secretary of State to |
| |||||||
| |||||||
1 | use any photo
identification available in any database | ||||||
2 | maintained by the Secretary of State
for other purposes. Each | ||||||
3 | registration fee collected for registrations on
or after | ||||||
4 | January 1, 2010 shall be deposited into the Lobbyist
| ||||||
5 | Registration Administration Fund for administration and | ||||||
6 | enforcement
of this
Act.
| ||||||
7 | (Source: P.A. 100-554, eff. 11-16-17.)
| ||||||
8 | (25 ILCS 170/10) (from Ch. 63, par. 180)
| ||||||
9 | Sec. 10. Penalties.
| ||||||
10 | (a) Any person who violates any of the provisions of this | ||||||
11 | Act, except for a violation of Section 4.7 or 4.8 or paragraph | ||||||
12 | (d) or (e) of Section 5, shall be
guilty of a business offense | ||||||
13 | and shall be fined not more than $10,000 for each violation. | ||||||
14 | Every day that a report or registration is late shall | ||||||
15 | constitute a separate violation. In determining the | ||||||
16 | appropriate fine for each violation, the trier of fact shall | ||||||
17 | consider the scope of the entire lobbying project, the nature | ||||||
18 | of activities conducted during the time the person was in | ||||||
19 | violation of this Act, and whether or not the violation was | ||||||
20 | intentional or unreasonable.
| ||||||
21 | (a-5) A violation of Section 4.7 or 4.8 or paragraph (d) or | ||||||
22 | (e) of Section 5 shall be considered a violation of the State | ||||||
23 | Officials and Employees Ethics Act, subject to the jurisdiction | ||||||
24 | of the Executive Ethics Commission and to all penalties under | ||||||
25 | Section 50-5 of the State Officials and Employees Ethics Act. |
| |||||||
| |||||||
1 | (b) In addition to the penalties provided for in | ||||||
2 | subsections (a)
and (a-5) of this Section, any person convicted | ||||||
3 | of any violation of any provision of
this Act is prohibited for | ||||||
4 | a period of three years from the date of such
conviction from | ||||||
5 | lobbying.
| ||||||
6 | (c) There is created in the State treasury a special fund | ||||||
7 | to be known as
the Lobbyist Registration Administration Fund. | ||||||
8 | All fines collected in the
enforcement of this Section shall be | ||||||
9 | deposited into the Fund. These funds
shall, subject to | ||||||
10 | appropriation, be used by the Office of the Secretary of
State | ||||||
11 | for implementation and administration of this Act.
| ||||||
12 | (Source: P.A. 100-554, eff. 11-16-17.)
| ||||||
13 | Section 70. The Illinois Human Rights Act is amended by | ||||||
14 | adding Section 2-108 as follows:
| ||||||
15 | (775 ILCS 5/2-108 new) | ||||||
16 | Sec. 2-108. Hotline to Report Racial Discrimination and | ||||||
17 | Harassment. | ||||||
18 | (a) The Department shall, no later than 3 months after the | ||||||
19 | effective date of this amendatory Act of the 101st General | ||||||
20 | Assembly, establish and maintain a racial discrimination and | ||||||
21 | harassment hotline. The Department shall help persons who | ||||||
22 | contact the Department through the hotline find necessary | ||||||
23 | resources, including counseling services, and assist in the | ||||||
24 | filing of racial discrimination and harassment complaints with |
| |||||||
| |||||||
1 | the Department or other applicable agencies. The Department may | ||||||
2 | recommend that an individual seek private counsel, but shall | ||||||
3 | not make recommendations for legal representation. The hotline | ||||||
4 | shall provide the means through which persons may anonymously | ||||||
5 | report racial discrimination and harassment in both private and | ||||||
6 | public places of employment. In the case of a report of racial | ||||||
7 | discrimination and harassment by a person subject to Article 20 | ||||||
8 | or 25 of the State Officials and Employees Ethics Act, the | ||||||
9 | Department shall, with the permission of the reporting | ||||||
10 | individual, report the allegations to the Executive Inspector | ||||||
11 | General or Legislative Inspector General for further | ||||||
12 | investigation. | ||||||
13 | (b) The Department shall advertise the hotline on its | ||||||
14 | website and in materials related to racial discrimination and | ||||||
15 | harassment, including posters made available to the public, and | ||||||
16 | encourage reporting by both those who are subject to racial | ||||||
17 | discrimination and harassment and those who have witnessed it. | ||||||
18 | (c) All communications received by the Department via the | ||||||
19 | hotline or Internet communication shall remain confidential | ||||||
20 | and shall be exempt from disclosure under the Freedom of | ||||||
21 | Information Act. | ||||||
22 | (d) As used in this Section, "hotline" means a toll-free | ||||||
23 | telephone with voicemail capabilities and an Internet website | ||||||
24 | through which persons may report instances of racial | ||||||
25 | discrimination and harassment.
| ||||||
26 | Section 99. Effective date. This Act takes effect upon |
| ||||||||||||||||||||||||||
| ||||||||||||||||||||||||||
1 | becoming law.
| |||||||||||||||||||||||||
|