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

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1		Relations Act or the National Labor Relations Act. If there is
2		a conflict between any valid and enforceable collective
3		bargaining agreement and this Act, the collective bargaining
4		agreement controls.
5		(b) This Act shall have no effect on the determination of
6		whether an employment relationship exists for the purposes of
7		other State or federal laws, including, but not limited to, the
8		Illinois Human Rights Act, the Workers' Compensation Act, the
9		Unemployment Insurance Act, and the Illinois Wage Payment and
10		Collection Act.
11		(c) This Act applies to contracts entered into, modified,
12		or extended on or after the effective date of this Act.
13		Section 1-15. Definitions. As used in this Act:
14		"Employee" has the same meaning as set forth in Section
15		2-101 of the Illinois Human Rights Act. "Employee" includes
16		"nonemployees" as defined in Section 2-102 of the Illinois
17		Human Rights Act.
18		"Employer" has the same meaning as set forth in Section
19		2-101 of the Illinois Human Rights Act.
20		"Mutual condition of employment or continued employment"
21		means any contract, agreement, clause, covenant, or waiver
22		negotiated between an employer and an employee or prospective
23		employee in good faith for consideration in order to obtain or
24		retain employment.
25		"Prospective employee" means a person seeking to enter an

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

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

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

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

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

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

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

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

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

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

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

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

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

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1		(kk) Information prohibited from disclosure under the
2		Seizure and Forfeiture Reporting Act.
3		(ll) Information the disclosure of which is restricted
4		and exempted under Section 5-30.8 of the Illinois Public
5		Aid Code.
6		(mm) (ll) Records that are exempt from disclosure under
7		Section 4.2 of the Crime Victims Compensation Act.
8		(nn) (ll) Information that is exempt from disclosure
9		under Section 70 of the Higher Education Student Assistance
10		Act.
11		(oo) Data reported by an employer to the Department of
12		Human Rights pursuant to Section 2-108 of the Illinois
13		Human Rights Act.
14		(Source: P.A. 99-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352,
15		eff. 1-1-16; 99-642, eff. 7-28-16; 99-776, eff. 8-12-16;
16		99-863, eff. 8-19-16; 100-20, eff. 7-1-17; 100-22, eff. 1-1-18;
17		100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff.
18		8-28-17; 100-465, eff. 8-31-17; 100-512, eff. 7-1-18; 100-517,
19		eff. 6-1-18; 100-646, eff. 7-27-18; 100-690, eff. 1-1-19;
20		100-863, eff. 8-14-18; 100-887, eff. 8-14-18; revised
21		10-12-18.)
22		Section 2-7. The Department of Professional Regulation Law
23		of the Civil Administrative Code of Illinois is amended by
24		changing Section 2105-15 as follows:

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

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

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

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

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1		mandated reporter training on how to recognize and report
2		child abuse offered by the Department of Children and
3		Family Services and completed by any person who holds a
4		professional license issued by the Department and who is a
5		mandated reporter under the Abused and Neglected Child
6		Reporting Act. The Department shall adopt any rules
7		necessary to implement this paragraph.
8		(9) To perform other duties prescribed by law.
9		(a-5) Except in cases involving delinquency in complying
10		with a child support order or violation of the Non-Support
11		Punishment Act and notwithstanding anything that may appear in
12		any individual licensing Act or administrative rule, no person
13		or entity whose license, certificate, or authority has been
14		revoked as authorized in any licensing Act administered by the
15		Department may apply for restoration of that license,
16		certification, or authority until 3 years after the effective
17		date of the revocation.
18		(b) (Blank).
19		(c) For the purpose of securing and preparing evidence, and
20		for the purchase of controlled substances, professional
21		services, and equipment necessary for enforcement activities,
22		recoupment of investigative costs, and other activities
23		directed at suppressing the misuse and abuse of controlled
24		substances, including those activities set forth in Sections
25		504 and 508 of the Illinois Controlled Substances Act, the
26		Director and agents appointed and authorized by the Director

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

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

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

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1		The Department may promulgate rules for the administration
2		of this subsection (g).
3		(h) The Department may grant the title "Retired", to be
4		used immediately adjacent to the title of a profession
5		regulated by the Department, to eligible retirees. For
6		individuals licensed under the Medical Practice Act of 1987,
7		the title "Retired" may be used in the profile required by the
8		Patients' Right to Know Act. The use of the title "Retired"
9		shall not constitute representation of current licensure,
10		registration, or certification. Any person without an active
11		license, registration, or certificate in a profession that
12		requires licensure, registration, or certification shall not
13		be permitted to practice that profession.
14		(i) The Department shall make available on its website
15		general information explaining how the Department utilizes
16		criminal history information in making licensure application
17		decisions, including a list of enumerated offenses that serve
18		as a statutory bar to licensure.
19		(Source: P.A. 99-85, eff. 1-1-16; 99-227, eff. 8-3-15; 99-330,
20		eff. 8-10-15; 99-642, eff. 7-28-16; 99-933, eff. 1-27-17;
21		100-262, eff. 8-22-17; 100-863, eff. 8-14-18; 100-872, eff.
22		8-14-18; 100-883, eff. 8-14-18; 100-1078, eff. 1-1-19; revised
23		10-18-18.)
24		Section 2-10. The Uniform Arbitration Act is amended by
25		changing Section 1 as follows:

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1		(710 ILCS 5/1) (from Ch. 10, par. 101)
2		Sec. 1. Validity of arbitration agreement. A written
3		agreement to submit any existing controversy to arbitration or
4		a provision in a written contract to submit to arbitration any
5		controversy thereafter arising between the parties is valid,
6		enforceable and irrevocable save upon such grounds as exist for
7		the revocation of any contract, including failure to comply
8		with the terms of the Workplace Transparency Act, except that
9		any agreement between a patient and a hospital or health care
10		provider to submit to binding arbitration a claim for damages
11		arising out of (1) injuries alleged to have been received by a
12		patient, or (2) death of a patient, due to hospital or health
13		care provider negligence or other wrongful act, but not
14		including intentional torts, is also subject to the Health Care
15		Arbitration Act.
16		(Source: P.A. 80-1012; 80-1031.)
17		Section 2-15. The Illinois Human Rights Act is amended by
18		changing Sections 1-103, 2-101, 2-102, 7-109.1, 7A-102, and
19		8-109 and by adding Sections 2-108, 2-109, 2-110, and 8-109.1
20		as follows:
21		(775 ILCS 5/1-103) (from Ch. 68, par. 1-103)
22		Sec. 1-103. General definitions. When used in this Act,
23		unless the context requires otherwise, the term:

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1		(A) Age. "Age" means the chronological age of a person who
2		is at least 40 years old, except with regard to any practice
3		described in Section 2-102, insofar as that practice concerns
4		training or apprenticeship programs. In the case of training or
5		apprenticeship programs, for the purposes of Section 2-102,
6		"age" means the chronological age of a person who is 18 but not
7		yet 40 years old.
8		(B) Aggrieved party. "Aggrieved party" means a person who
9		is alleged or proved to have been injured by a civil rights
10		violation or believes he or she will be injured by a civil
11		rights violation under Article 3 that is about to occur.
12		(C) Charge. "Charge" means an allegation filed with the
13		Department by an aggrieved party or initiated by the Department
14		under its authority.
15		(D) Civil rights violation. "Civil rights violation"
16		includes and shall be limited to only those specific acts set
17		forth in Sections 2-102, 2-103, 2-105, 3-102, 3-102.1, 3-103,
18		3-104, 3-104.1, 3-105, 3-105.1, 4-102, 4-103, 5-102, 5A-102,
19		6-101, and 6-102 of this Act.
20		(E) Commission. "Commission" means the Human Rights
21		Commission created by this Act.
22		(F) Complaint. "Complaint" means the formal pleading filed
23		by the Department with the Commission following an
24		investigation and finding of substantial evidence of a civil
25		rights violation.
26		(G) Complainant. "Complainant" means a person including

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

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1		mental, psychological, or developmental disability,
2		including autism spectrum disorders.
3		(J) Marital status. "Marital status" means the legal status
4		of being married, single, separated, divorced, or widowed.
5		(J-1) Military status. "Military status" means a person's
6		status on active duty in or status as a veteran of the armed
7		forces of the United States, status as a current member or
8		veteran of any reserve component of the armed forces of the
9		United States, including the United States Army Reserve, United
10		States Marine Corps Reserve, United States Navy Reserve, United
11		States Air Force Reserve, and United States Coast Guard
12		Reserve, or status as a current member or veteran of the
13		Illinois Army National Guard or Illinois Air National Guard.
14		(K) National origin. "National origin" means the place in
15		which a person or one of his or her ancestors was born.
16		(K-5) "Order of protection status" means a person's status
17		as being a person protected under an order of protection issued
18		pursuant to the Illinois Domestic Violence Act of 1986, Article
19		112A of the Code of Criminal Procedure of 1963, the Stalking No
20		Contact Order Act, or the Civil No Contact Order Act, or an
21		order of protection issued by a court of another state.
22		(L) Person. "Person" includes one or more individuals,
23		partnerships, associations or organizations, labor
24		organizations, labor unions, joint apprenticeship committees,
25		or union labor associations, corporations, the State of
26		Illinois and its instrumentalities, political subdivisions,

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1		units of local government, legal representatives, trustees in
2		bankruptcy or receivers.
3		(L-5) Pregnancy. "Pregnancy" means pregnancy, childbirth,
4		or medical or common conditions related to pregnancy or
5		childbirth.
6		(M) Public contract. "Public contract" includes every
7		contract to which the State, any of its political subdivisions,
8		or any municipal corporation is a party.
9		(N) Religion. "Religion" includes all aspects of religious
10		observance and practice, as well as belief, except that with
11		respect to employers, for the purposes of Article 2, "religion"
12		has the meaning ascribed to it in paragraph (F) of Section
13		2-101.
14		(O) Sex. "Sex" means the status of being male or female.
15		(O-1) Sexual orientation. "Sexual orientation" means
16		actual or perceived heterosexuality, homosexuality,
17		bisexuality, or gender-related identity, whether or not
18		traditionally associated with the person's designated sex at
19		birth. "Sexual orientation" does not include a physical or
20		sexual attraction to a minor by an adult.
21		(P) Unfavorable military discharge. "Unfavorable military
22		discharge" includes discharges from the Armed Forces of the
23		United States, their Reserve components, or any National Guard
24		or Naval Militia which are classified as RE-3 or the equivalent
25		thereof, but does not include those characterized as RE-4 or
26		"Dishonorable".

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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1		combination of these penalties.
2		(B) Licensees. In the case of a respondent, operating by
3		virtue of a license issued by the State, a political
4		subdivision, or any agency thereof, who commits a civil rights
5		violation, recommend to the appropriate licensing authority
6		that the respondent's license be suspended or revoked.
7		(C) Public Officials. In the case of a respondent who is a
8		public official who violates paragraph (C) of Section 5-102,
9		recommend to the department or agency in which the official is
10		employed that such disciplinary or discharge proceedings as the
11		Commission deems appropriate be employed.
12		(Source: P.A. 81-1267.)
13		(775 ILCS 5/8-109.1 new)
14		Sec. 8-109.1. Civil penalties; failure to report; failure
15		to train.
16		(A) A hearing officer may recommend the Commission or any
17		3-member panel thereof may:
18		(1) Failure to report. In the case of an employer who
19		fails to make any disclosures required under Section 2-108
20		within 30 days of the Department's notice to show cause, or
21		as otherwise extended by the Department, order that a civil
22		penalty be imposed pursuant to subsection (B).
23		(2) Failure to train. In the case of an employer who
24		fails to comply with the sexual harassment prevention
25		training requirements under Section 2-109 or 2-110 within

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1		30 days of the Department's notice to show cause, or as
2		otherwise extended by the Department, order that a civil
3		penalty be imposed pursuant to subsection (B).
4		(B) An employer who violates Section 2-108, 2-109, or 2-110
5		is subject to a civil penalty as follows:
6		(1) For an employer with fewer than 4 employees: a
7		penalty not to exceed $500 for a first offense; a penalty
8		not to exceed $1,000 for a second offense; a penalty not to
9		exceed $3,000 for a third or subsequent offense.
10		(2) For an employer with 4 or more employees: a penalty
11		not to exceed $1,000 for a first offense; a penalty not to
12		exceed $3,000 for a second offense; a penalty not to exceed
13		$5,000 for a third or subsequent offense.
14		(C) The appropriateness of the penalty to the size of the
15		employer charged, the good faith efforts made by the employer
16		to comply, and the gravity of the violation shall be considered
17		in determining the amount of the civil penalty.
18		Article 3.
19		Section 3-1. Short title. This Article may be cited as the
20		Sexual Harassment Victim Representation Act. References in
21		this Article to "this Act" mean this Article.
22		Section 3-5. Definitions. In this Act:
23		"Perpetrator" means an individual who commits or is alleged

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

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1		Section 3-15. Severability. The provisions of this Act are
2		severable under Section 1.31 of the Statute on Statutes.
3		Article 4.
4		Section 4-5. The Victims' Economic Security and Safety Act
5		is amended by changing Sections 5, 10, 15, 20, 25, 30, and 45
6		as follows:
7		(820 ILCS 180/5)
8		Sec. 5. Findings. The General Assembly finds and declares
9		the following:
10		(1) Domestic, and sexual, and gender violence affects
11		many persons without regard to age, race, educational
12		level, socioeconomic status, religion, or occupation.
13		(2) Domestic, and sexual, and gender violence has a
14		devastating effect on individuals, families, communities
15		and the workplace.
16		(3) Domestic violence crimes account for approximately
17		15% of total crime costs in the United States each year.
18		(4) Violence against women has been reported to be the
19		leading cause of physical injury to women. Such violence
20		has a devastating impact on women's physical and emotional
21		health and financial security.
22		(5) According to recent government surveys, from 1993

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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1		sexual violence and employees with a family or household member
2		who is a victim of domestic violence, sexual violence, or
3		gender violence or sexual violence under this Act shall not be
4		diminished by any federal, State or local law, collective
5		bargaining agreement, or employment benefits program or plan.
6		(Source: P.A. 93-591, eff. 8-25-03.)
7		Article 5.
8		Section 5-1. Short title. This Article may be cited as the
9		Hotel and Casino Employee Safety Act. References in this
10		Article to "this Act" mean this Article.
11		Section 5-5. Definitions. As used in this Act:
12		"Casino" has the meaning ascribed to the term "riverboat"
13		under the Riverboat Gambling Act.
14		"Casino employer" means any person, business, or
15		organization that holds an owners license pursuant to the
16		Riverboat Gambling Act that operates a casino and either
17		directly employs or through a subcontractor, including through
18		the services of a temporary staffing agency, exercises
19		direction and control over any natural person who is working on
20		the casino premises.
21		"Complaining employee" means an employee who has alleged an
22		instance of sexual assault or sexual harassment by a guest.
23		"Employee" means any natural person who works full-time or

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

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

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

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

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

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1		(3) disclosing, reporting, or testifying about any
2		violation of this Act or any rule adopted under this Act.
3		Section 5-20. Violations. An employee or representative of
4		employees claiming a violation of this Act may bring an action
5		against the hotel employer or casino employer in the circuit
6		court of the county in which the hotel or casino is located and
7		is entitled to all remedies available under the law or in
8		equity appropriate to remedy any such violation, including, but
9		not limited to, injunctive relief or other equitable relief
10		including reinstatement and compensatory damages. Before a
11		representative of employees may bring a claim under this Act,
12		the representative must first notify the hotel employer or
13		casino employer in writing of the alleged violation under this
14		Act and allow the hotel employer or casino employer 15 calendar
15		days to remedy the alleged violation. An employee or
16		representative of employees that successfully brings a claim
17		under this Act shall be awarded reasonable attorney's fees and
18		costs. An award of economic damages shall not exceed $350 for
19		each violation. Each day that a violation continues constitutes
20		a separate violation.
21		Article 6.
22		Section 6-5. The Illinois Governmental Ethics Act is
23		amended by changing Sections 4A-101, 4A-102, 4A-105, 4A-106,

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1		4A-107, and 4A-108 and by adding Sections 4A-101.5 and 4A-106.5
2		as follows:
3		(5 ILCS 420/4A-101) (from Ch. 127, par. 604A-101)
4		Sec. 4A-101. Persons required to file with the Secretary of
5		State. The following persons shall file verified written
6		statements of economic interests with the Secretary of State,
7		as provided in this Article:
8		(a) Members of the General Assembly and candidates for
9		nomination or election to the General Assembly.
10		(b) Persons holding an elected office in the Executive
11		Branch of this State, and candidates for nomination or
12		election to these offices.
13		(c) Members of a Commission or Board created by the
14		Illinois Constitution, and candidates for nomination or
15		election to such Commission or Board.
16		(d) Persons whose appointment to office is subject to
17		confirmation by the Senate and persons appointed by the
18		Governor to any other position on a board or commission
19		described in subsection (a) of Section 15 of the
20		Gubernatorial Boards and Commissions Act.
21		(e) Holders of, and candidates for nomination or
22		election to, the office of judge or associate judge of the
23		Circuit Court and the office of judge of the Appellate or
24		Supreme Court.
25		(f) Persons who are employed by any branch, agency,

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

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

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

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

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1		appointed, or employed, with or without compensation, by or
2		on behalf of a statewide executive branch constitutional
3		officer to make an ex parte communication under Section
4		5-50 of the State Officials and Employees Ethics Act or
5		Section 5-165 of the Illinois Administrative Procedure
6		Act.
7		(m) (Blank). Members of the board of commissioners of
8		any flood prevention district created under the Flood
9		Prevention District Act or the Beardstown Regional Flood
10		Prevention District Act.
11		(n) Members of the board of any retirement system or
12		investment board established under the Illinois Pension
13		Code, if not required to file under any other provision of
14		this Section.
15		(o) (Blank). Members of the board of any pension fund
16		established under the Illinois Pension Code, if not
17		required to file under any other provision of this Section.
18		(p) Members of the investment advisory panel created
19		under Section 20 of the Illinois Prepaid Tuition Act.
20		This Section shall not be construed to prevent any unit of
21		local government from enacting financial disclosure
22		requirements that mandate more information than required by
23		this Act.
24		(Source: P.A. 96-6, eff. 4-3-09; 96-543, eff. 8-17-09; 96-555,
25		eff. 8-18-09; 96-1000, eff. 7-2-10; 97-309, eff. 8-11-11;
26		97-754, eff. 7-6-12; revised 10-10-18.)

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

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

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

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

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

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

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

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

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

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

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

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1		filing his or her statement of economic interests in writing,
2		rather than through the Internet-based system, item among items
3		(a) through (f) and items (j), (l), (n), and (p) shall be
4		notified of and is required to file only one statement of
5		economic interests relating to all items under which the person
6		is required to file with the Secretary of State.
7		On or before April 1 annually, the county clerk of each
8		county shall notify all persons whose names have been certified
9		to him under items (g), (h), (i), (k), and (o) of Section
10		4A-101, other than candidates for office who have filed their
11		statements with their nominating petitions, of the
12		requirements for filing statements of economic interests. A
13		person required to file with a county clerk by virtue of more
14		than one item among items (g), (h), (i), (k), and (o) shall be
15		notified of and is required to file only one statement of
16		economic interests relating to all items under which the person
17		is required to file with that county clerk.
18		Except as provided in Section 4A-106.1, the notices
19		provided for in this Section shall be in writing and deposited
20		in the U.S. Mail, properly addressed, first class postage
21		prepaid, on or before the day required by this Section for the
22		sending of the notice. Alternatively, a county clerk may send
23		the notices electronically to all persons whose names have been
24		thus certified to him under item (h), (i), or (k) of Section
25		4A-101. A certificate executed by the Secretary of State or
26		county clerk attesting that he or she has sent the notice by

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1		the means permitted by this Section constitutes prima facie
2		evidence thereof.
3		From the lists certified to him under this Section of
4		persons described in items (g), (h), (i), (k), and (o) of
5		Section 4A-101, the clerk of each county shall compile an
6		alphabetical listing of persons required to file statements of
7		economic interests in his office under any of those items. As
8		the statements are filed in his office, the county clerk shall
9		cause the fact of that filing to be indicated on the
10		alphabetical listing of persons who are required to file
11		statements. Within 30 days after the due dates, the county
12		clerk shall mail to the State Board of Elections a true copy of
13		that listing showing those who have filed statements.
14		The county clerk of each county shall note upon the
15		alphabetical listing the names of all persons required to file
16		a statement of economic interests who failed to file a
17		statement on or before May 1. It shall be the duty of the
18		several county clerks to give notice as provided in Section
19		4A-105 to any person who has failed to file his or her
20		statement with the clerk on or before May 1.
21		Any person who files or has filed a statement of economic
22		interest under this Section Act is entitled to receive from the
23		Secretary of State or county clerk, as the case may be, a
24		receipt indicating that the person has filed such a statement,
25		the date of such filing, and the identity of the governmental
26		unit or units in relation to which the filing is required.

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1		The Secretary of State may employ such employees and
2		consultants as he considers necessary to carry out his duties
3		hereunder, and may prescribe their duties, fix their
4		compensation, and provide for reimbursement of their expenses.
5		All statements of economic interests filed under this
6		Section shall be available for examination and copying by the
7		public at all reasonable times. Not later than 12 months after
8		the effective date of this amendatory Act of the 93rd General
9		Assembly, beginning with statements filed in calendar year
10		2004, the Secretary of State shall make statements of economic
11		interests filed with the Secretary available for inspection and
12		copying via the Secretary's website.
13		(Source: P.A. 96-6, eff. 4-3-09; 96-1336, eff. 1-1-11; 97-754,
14		eff. 7-6-12.)
15		(5 ILCS 420/4A-106.5 new)
16		Sec. 4A-106.5. Persons filing statements with county
17		clerk; notice; certification of list of names; alphabetical
18		list; receipt; examination and copying of statements. The
19		statements of economic interests required of persons listed in
20		Section 4A-101.5 shall be filed with the county clerk of the
21		county in which the principal office of the unit of local
22		government with which the person is associated is located. If
23		it is not apparent which county the principal office of a unit
24		of local government is located, the chief administrative
25		officer, or his or her designee, has the authority, for

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

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1		attesting that he or she has sent the notice by the means
2		permitted by this Section constitutes prima facie evidence
3		thereof.
4		From the lists certified to him or her under this Section
5		of persons described in Section 4A-101.5, the clerk of each
6		county shall compile an alphabetical listing of persons
7		required to file statements of economic interests in his or her
8		office under any of those items. As the statements are filed in
9		his or her office, the county clerk shall cause the fact of
10		that filing to be indicated on the alphabetical listing of
11		persons who are required to file statements. Within 30 days
12		after the due dates, the county clerk shall mail to the State
13		Board of Elections a true copy of that listing showing those
14		who have filed statements.
15		The county clerk of each county shall note upon the
16		alphabetical listing the names of all persons required to file
17		a statement of economic interests who failed to file a
18		statement on or before May 1. It shall be the duty of the
19		several county clerks to give notice as provided in Section
20		4A-105 to any person who has failed to file his or her
21		statement with the clerk on or before May 1.
22		Any person who files or has filed a statement of economic
23		interest under this Section is entitled to receive from the
24		county clerk a receipt indicating that the person has filed
25		such a statement, the date of filing, and the identity of the
26		governmental unit or units in relation to which the filing is

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1		required.
2		All statements of economic interests filed under this
3		Section shall be available for examination and copying by the
4		public at all reasonable times.
5		(5 ILCS 420/4A-107) (from Ch. 127, par. 604A-107)
6		Sec. 4A-107. Any person required to file a statement of
7		economic interests under this Article who willfully files a
8		false or incomplete statement shall be guilty of a Class A
9		misdemeanor.
10		Except when the fees and penalties for late filing have
11		been waived under Section 4A-105, failure to file a statement
12		within the time prescribed shall result in ineligibility for,
13		or forfeiture of, office or position of employment, as the case
14		may be; provided, however, that if the notice of failure to
15		file a statement of economic interests provided in Section
16		4A-105 of this Act is not given by the Secretary of State or
17		the county clerk, as the case may be, no forfeiture shall
18		result if a statement is filed within 30 days of actual notice
19		of the failure to file. The Secretary of State shall provide
20		the Attorney General with the names of persons who failed to
21		file a statement. The county clerk shall provide the State's
22		Attorney of the county of the entity for which the filing of
23		statement of economic interest is required with the name of
24		persons who failed to file a statement.
25		The Attorney General, with respect to offices or positions

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

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

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

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

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

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1		institutes a system of Internet-based filing of statements
2		of economic interests shall post the contents of such
3		statements filed with him or her available for inspection
4		and copying on a publicly accessible website. Such postings
5		shall not include the addresses or signatures of the
6		filers.
7		(Source: P.A. 99-108, eff. 7-22-15; 100-1041, eff. 1-1-19.)
8		Section 6-10. The State Officials and Employees Ethics Act
9		is amended by changing Sections 5-10.5, 20-5, 20-10, 20-50,
10		25-5, 25-10, 25-50, and 70-5 and by adding Sections 20-63 and
11		25-63 as follows:
12		(5 ILCS 430/5-10.5)
13		Sec. 5-10.5. Harassment and discrimination prevention
14		Sexual harassment training.
15		(a) Until 2020, each Each officer, member, and employee
16		must complete, at least annually beginning in 2018, a sexual
17		harassment training program. A person who fills a vacancy in an
18		elective or appointed position that requires training under
19		this Section must complete his or her initial sexual harassment
20		training program within 30 days after commencement of his or
21		her office or employment. The training shall include, at a
22		minimum, the following: (i) the definition, and a description,
23		of sexual harassment utilizing examples; (ii) details on how an
24		individual can report an allegation of sexual harassment,

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

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

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

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1		June 30, 2007. One initial appointee of the Governor, as
2		designated by the Governor, and the initial appointees of the
3		Attorney General, Secretary of State, Comptroller, and
4		Treasurer shall serve terms running through June 30, 2008. The
5		initial appointments shall be made within 60 days after the
6		effective date of this Act.
7		After the initial terms, commissioners shall serve for
8		4-year terms commencing on July 1 of the year of appointment
9		and running through June 30 of the fourth following year.
10		Commissioners may be reappointed to one or more subsequent
11		terms.
12		Vacancies occurring other than at the end of a term shall
13		be filled by the appointing authority only for the balance of
14		the term of the commissioner whose office is vacant.
15		Terms shall run regardless of whether the position is
16		filled.
17		(c) The appointing authorities shall appoint commissioners
18		who have experience holding governmental office or employment
19		and shall appoint commissioners from the general public. A
20		person is not eligible to serve as a commissioner if that
21		person (i) has been convicted of a felony or a crime of
22		dishonesty or moral turpitude, (ii) is, or was within the
23		preceding 12 months, engaged in activities that require
24		registration under the Lobbyist Registration Act, (iii) is
25		related to the appointing authority, or (iv) is a State officer
26		or employee.

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

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

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1		Director as the Director of the Illinois Power Agency.
2		(4) No person rejected by the Senate for the office of
3		Director of the Illinois Power Agency shall, except at the
4		Senate's request, be nominated again for that office at the
5		same session or be appointed to that office during a recess of
6		that Senate.
7		(d-7) The Executive Ethics Commission shall have
8		jurisdiction over complainants in violation of subsection (e)
9		of Section 20-63.
10		(e) The Executive Ethics Commission must meet, either in
11		person or by other technological means, at least monthly and as
12		often as necessary. At the first meeting of the Executive
13		Ethics Commission, the commissioners shall choose from their
14		number a chairperson and other officers that they deem
15		appropriate. The terms of officers shall be for 2 years
16		commencing July 1 and running through June 30 of the second
17		following year. Meetings shall be held at the call of the
18		chairperson or any 3 commissioners. Official action by the
19		Commission shall require the affirmative vote of 5
20		commissioners, and a quorum shall consist of 5 commissioners.
21		Commissioners shall receive compensation in an amount equal to
22		the compensation of members of the State Board of Elections and
23		may be reimbursed for their reasonable expenses actually
24		incurred in the performance of their duties.
25		(f) No commissioner or employee of the Executive Ethics
26		Commission may during his or her term of appointment or

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1		employment:
2		(1) become a candidate for any elective office;
3		(2) hold any other elected or appointed public office
4		except for appointments on governmental advisory boards or
5		study commissions or as otherwise expressly authorized by
6		law;
7		(3) be actively involved in the affairs of any
8		political party or political organization; or
9		(4) advocate for the appointment of another person to
10		an appointed or elected office or position or actively
11		participate in any campaign for any elective office.
12		(g) An appointing authority may remove a commissioner only
13		for cause.
14		(h) The Executive Ethics Commission shall appoint an
15		Executive Director. The compensation of the Executive Director
16		shall be as determined by the Commission. The Executive
17		Director of the Executive Ethics Commission may employ and
18		determine the compensation of staff, as appropriations permit.
19		(i) The Executive Ethics Commission shall appoint, by a
20		majority of the members appointed to the Commission, chief
21		procurement officers and may appoint procurement compliance
22		monitors in accordance with the provisions of the Illinois
23		Procurement Code. The compensation of a chief procurement
24		officer and procurement compliance monitor shall be determined
25		by the Commission.
26		(Source: P.A. 100-43, eff. 8-9-17.)

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

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

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1		The term of each initial Executive Inspector General shall
2		commence upon qualification and shall run through June 30,
3		2008. The initial appointments shall be made within 60 days
4		after the effective date of this Act.
5		After the initial term, each Executive Inspector General
6		shall serve for 5-year terms commencing on July 1 of the year
7		of appointment and running through June 30 of the fifth
8		following year. An Executive Inspector General may be
9		reappointed to one or more subsequent terms.
10		A vacancy occurring other than at the end of a term shall
11		be filled by the appointing authority only for the balance of
12		the term of the Executive Inspector General whose office is
13		vacant.
14		Terms shall run regardless of whether the position is
15		filled.
16		(c) The Executive Inspector General appointed by the
17		Attorney General shall have jurisdiction over the Attorney
18		General and all officers and employees of, and vendors and
19		others doing business with, State agencies within the
20		jurisdiction of the Attorney General. The Executive Inspector
21		General appointed by the Secretary of State shall have
22		jurisdiction over the Secretary of State and all officers and
23		employees of, and vendors and others doing business with, State
24		agencies within the jurisdiction of the Secretary of State. The
25		Executive Inspector General appointed by the Comptroller shall
26		have jurisdiction over the Comptroller and all officers and

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1		employees of, and vendors and others doing business with, State
2		agencies within the jurisdiction of the Comptroller. The
3		Executive Inspector General appointed by the Treasurer shall
4		have jurisdiction over the Treasurer and all officers and
5		employees of, and vendors and others doing business with, State
6		agencies within the jurisdiction of the Treasurer. The
7		Executive Inspector General appointed by the Governor shall
8		have jurisdiction over (i) the Governor, (ii) the Lieutenant
9		Governor, (iii) all officers and employees of, and vendors and
10		others doing business with, executive branch State agencies
11		under the jurisdiction of the Executive Ethics Commission and
12		not within the jurisdiction of the Attorney General, the
13		Secretary of State, the Comptroller, or the Treasurer, and (iv)
14		all board members and employees of the Regional Transit Boards
15		and all vendors and others doing business with the Regional
16		Transit Boards.
17		The jurisdiction of each Executive Inspector General is to
18		investigate allegations of fraud, waste, abuse, mismanagement,
19		misconduct, nonfeasance, misfeasance, malfeasance, or
20		violations of this Act or violations of other related laws and
21		rules.
22		Each Executive Inspector General shall have jurisdiction
23		over complainants in violation of subsection (e) of Section
24		20-63 for disclosing a summary report prepared by the
25		respective Executive Inspector General.
26		(d) The compensation for each Executive Inspector General

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

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

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

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

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

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

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

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

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

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

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

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

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

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1		(iii) the Joint Committee on Legislative Support Services. The
2		Legislative Ethics Commission shall have jurisdiction over
3		complainants in violation of subsection (e) of Section 25-63.
4		The jurisdiction of the Commission is limited to matters
5		arising under this Act.
6		An officer or executive branch State employee serving on a
7		legislative branch board or commission remains subject to the
8		jurisdiction of the Executive Ethics Commission and is not
9		subject to the jurisdiction of the Legislative Ethics
10		Commission.
11		(e) The Legislative Ethics Commission must meet, either in
12		person or by other technological means, monthly or as often as
13		necessary. At the first meeting of the Legislative Ethics
14		Commission, the commissioners shall choose from their number a
15		chairperson and other officers that they deem appropriate. The
16		terms of officers shall be for 2 years commencing July 1 and
17		running through June 30 of the second following year. Meetings
18		shall be held at the call of the chairperson or any 3
19		commissioners. Official action by the Commission shall require
20		the affirmative vote of 5 commissioners, and a quorum shall
21		consist of 5 commissioners. Commissioners shall receive no
22		compensation but may be reimbursed for their reasonable
23		expenses actually incurred in the performance of their duties.
24		(f) No commissioner, other than a commissioner who is a
25		member of the General Assembly, or employee of the Legislative
26		Ethics Commission may during his or her term of appointment or

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

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1		Executive Director subject to the approval of at least 3 of the
2		4 legislative leaders. The compensation of the Executive
3		Director shall be as determined by the Commission. The
4		Executive Director of the Legislative Ethics Commission may
5		employ, subject to the approval of at least 3 of the 4
6		legislative leaders, and determine the compensation of staff,
7		as appropriations permit.
8		(i) In consultation with the Legislative Inspector
9		General, the Legislative Ethics Commission may develop
10		comprehensive training for members and employees under its
11		jurisdiction that includes, but is not limited to, sexual
12		harassment, employment discrimination, and workplace civility.
13		The training may be recommended to the ultimate jurisdictional
14		authorities and may be approved by the Commission to satisfy
15		the sexual harassment training required under Section 5-10.5 or
16		be provided in addition to the annual sexual harassment
17		training required under Section 5-10.5. The Commission may seek
18		input from governmental agencies or private entities for
19		guidance in developing such training.
20		(Source: P.A. 100-588, eff. 6-8-18; revised 10-11-18.)
21		(5 ILCS 430/25-10)
22		Sec. 25-10. Office of Legislative Inspector General.
23		(a) The independent Office of the Legislative Inspector
24		General is created. The Office shall be under the direction and
25		supervision of the Legislative Inspector General and shall be a

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

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1		of this State, another state, or the United States;
2		(2) has earned a baccalaureate degree from an
3		institution of higher education; and
4		(3) has 5 or more years of cumulative service (A) with
5		a federal, State, or local law enforcement agency, at least
6		2 years of which have been in a progressive investigatory
7		capacity; (B) as a federal, State, or local prosecutor; (C)
8		as a senior manager or executive of a federal, State, or
9		local agency; (D) as a member, an officer, or a State or
10		federal judge; or (E) representing any combination of (A)
11		through (D).
12		The Legislative Inspector General may not be a relative of
13		a commissioner.
14		The term of the initial Legislative Inspector General shall
15		commence upon qualification and shall run through June 30,
16		2008.
17		After the initial term, the Legislative Inspector General
18		shall serve for 5-year terms commencing on July 1 of the year
19		of appointment and running through June 30 of the fifth
20		following year. The Legislative Inspector General may be
21		reappointed to one or more subsequent terms. Terms shall run
22		regardless of whether the position is filled.
23		(b-5) A vacancy occurring other than at the end of a term
24		shall be filled in the same manner as an appointment only for
25		the balance of the term of the Legislative Inspector General
26		whose office is vacant. Within 7 days of the Office becoming

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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1		unwelcome sexual advances or requests for sexual favors or any
2		conduct of a sexual nature when: (i) submission to such conduct
3		is made either explicitly or implicitly a term or condition of
4		an individual's employment; (ii) submission to or rejection of
5		such conduct by an individual is used as the basis for
6		employment decisions affecting such individual; or (iii) such
7		conduct has the purpose or effect of substantially interfering
8		with an individual's work performance or creating an
9		intimidating, hostile, or offensive working environment. For
10		the purposes of this definition, the phrase "working
11		environment" is not limited to a physical location an employee
12		is assigned to perform his or her duties and does not require
13		an employment relationship.
14		(e) The Secretary of State shall adopt rules for the
15		implementation of this Section. In order to provide for the
16		expeditious and timely implementation of this Section, the
17		Secretary of State shall adopt emergency rules under subsection
18		(z) of Section 5-45 of the Illinois Administrative Procedure
19		Act for the implementation of this Section no later than 60
20		days after the effective date of this amendatory Act of the
21		100th General Assembly.
22		(Source: P.A. 100-554, eff. 11-16-17.)
23		Article 99.
24		Section 99-97. Severability. The provisions of this Act are

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1		severable under Section 1.31 of the Statute on Statutes.