HB4149 100TH GENERAL ASSEMBLY

LRB100 15457 HEP 30461 b

100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB4149

Introduced , by Rep. Allen Skillicorn

SYNOPSIS AS INTRODUCED:

See Index

Contains a statement of legislative findings. Amends the Attorney General Act. Provides that the Attorney General shall, no later than 6 months after the effective date of the amendatory Act, establish and maintain a sexual harassment in the workplace hotline with a toll-free telephone with voicemail capabilities and an Internet website through which persons may report instances of sexual harassment. Provides that the Attorney General shall develop the hotline in consultation with the Illinois Coalition Against Sexual Assault and the American Civil Liberties Union of Illinois. Provides that the Attorney General shall help persons who access the hotline find counseling and protective services, and assist in the filing of sexual harassment complaints through appropriate agencies. Provides that the Attorney General shall advertise the hotline and encourage reporting by both those who are subject to sexual harassment and those who have witnessed it. Provides that the hotline shall provide the means through which persons may anonymously report sexual harassment in both private and public places of employment. Provides that in the case of sexual harassment by a State employee, the Attorney General shall, with the permission of the reporting individual, further investigate the allegations. Provides that the Attorney General shall, if warranted, make recommendations to the appropriate entity for corrective action. Provides that each State employer shall post and keep posted, in conspicuous places on the premises of the employer where notices to employees are customarily posted, a notice informing employees of the sexual harassment in the workplace hotline, and that the Attorney General shall ensure compliance with this requirement. Provides that the Attorney General shall adopt rules to implement the new provisions. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning sexual harassment.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Legislative statement. The General Assembly finds and declares the following:

(1) Sexual harassment in the workplace is a serious and harmful matter, and the General Assembly must take steps to end this behavior for all Illinois residents.

(2) A toll-free telephone number and website through which complaints may be filed will provide persons subjected to sexual harassment a safe and helpful way to report instances of sexual harassment in the workplace.

(3) By making it easier and safer for persons to report sexual harassment behavior, the General Assembly seeks to protect persons who report sexual harassment from retribution, while empowering them to stand strong against perpetrators.

Section 5. The Attorney General Act is amended by changing Section 4 and by adding Section 9 as follows:

(15 ILCS 205/4) (from Ch. 14, par. 4)

Sec. 4. The duties of the Attorney General are: shall be--

First - To appear for and represent the people of the State before the supreme court in all cases in which the State or the people of the State are interested.

Second - To institute and prosecute all actions and proceedings in favor of or for the use of the State, which may be necessary in the execution of the duties of any State officer.

Third - To defend all actions and proceedings against any State officer, in his official capacity, in any of the courts of this State or the United States.

Fourth - To consult with and advise the several State's Attorneys in matters relating to the duties of their office; and when, in his judgment, the interest of the people of the State requires it, he shall attend the trial of any party accused of crime, and assist in the prosecution. When the Attorney General has requested in writing that a State's Attorney initiate court proceedings to enforce any provisions of the Election Code or to initiate a criminal prosecution with respect to a violation of the Election Code, and when the State's Attorney has declined in writing to initiate those proceedings or prosecutions or when the State's Attorney has neither initiated the proceedings or prosecutions nor responded in writing to the Attorney General within 60 days of the receipt of the request, the Attorney General may, concurrently with or independently of the State's Attorney, initiate such proceedings or prosecutions. The Attorney General may investigate and prosecute any violation of the Election Code at the request of the State Board of Elections or a State's Attorney.

Fifth - To investigate alleged violations of the statutes which the Attorney General has a duty to enforce and to conduct other investigations in connection with assisting in the prosecution of a criminal offense at the request of a State's Attorney.

Sixth - To consult with and advise the governor and other State officers, and give, when requested, written opinions upon all legal or constitutional questions relating to the duties of such officers respectively.

Seventh - To prepare, when necessary, proper drafts for contracts and other writings relating to subjects in which the State is interested.

Eighth - To give written opinions, when requested by either branch of the general assembly, or any committee thereof, upon constitutional or legal questions.

Ninth - To enforce the proper application of funds appropriated to the public institutions of the State, prosecute breaches of trust in the administration of such funds, and, when necessary, prosecute corporations for failure or refusal to make the reports required by law.

Tenth - To keep, a register of all cases prosecuted or defended by him, in behalf of the State or its officers, and of all proceedings had in relation thereto, and to deliver the same to his successor in office.

Eleventh - To keep on file in his office a copy of the official opinions issued by the Attorney General and deliver same to his successor.

Twelfth - To pay into the State treasury all moneys received by him for the use of the State.

Thirteenth - To attend to and perform any other duty which may, from time to time, be required of him by law.

Fourteenth - To attend, present evidence to and prosecute indictments returned by each Statewide Grand Jury.

Fifteenth - To give written binding and advisory public access opinions as provided in Section 7 of this Act.

Sixteenth - To maintain a sexual harassment in the workplace hotline and carry out the other requirements of Section 9 of this Act.

(Source: P.A. 95-699, eff. 11-9-07; 96-542, eff. 1-1-10.)

(15 ILCS 205/9 new)

Sec. 9. Sexual harassment in the workplace hotline; investigations.

(a) The Attorney General shall, no later than 6 months after the effective date of this amendatory Act of the 100th General Assembly, establish and maintain a sexual harassment in the workplace hotline. The Attorney General shall develop the hotline in consultation with the Illinois Coalition Against Sexual Assault and the American Civil Liberties Union of Illinois. As used in this Section, "hotline" means a toll-free telephone number with voicemail capabilities and Internet website that persons may use to report instances of sexual harassment.

(b) The Attorney General shall help persons who access the hotline find counseling and protective services and assist in the filing of sexual harassment complaints through appropriate agencies. The Attorney General shall advertise the hotline and encourage reporting by both those who are subject to sexual harassment and those who have witnessed it.

(c) The hotline shall provide the means through which persons may anonymously report sexual harassment in both private and public places of employment. In the case of a report of sexual harassment by a State employee, the Attorney General shall, with the permission of the reporting individual, further investigate claims of sexual harassment. The Attorney General shall, if warranted, make recommendations to the appropriate entity for corrective action.

(d) Each State employer shall post and keep posted, in conspicuous places on the premises of the employer where notices to employees are customarily posted, a notice informing employees of the sexual harassment in the workplace hotline. The Attorney General shall ensure compliance with this subsection (d).

(e) The Attorney General shall adopt rules to implement this Section.

Section 99. Effective date. This Act takes effect upon becoming law.