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1 | AN ACT concerning civil law. | ||||||
2 | Be it enacted by the People of the State of Illinois, | ||||||
3 | represented in the General Assembly: | ||||||
4 | Section 3. The Freedom of Information Act is amended by | ||||||
5 | changing Section 7.5 as follows: | ||||||
6 | (5 ILCS 140/7.5) | ||||||
7 | (Text of Section before amendment by P.A. 103-472 ) | ||||||
8 | Sec. 7.5. Statutory exemptions. To the extent provided for | ||||||
9 | by the statutes referenced below, the following shall be | ||||||
10 | exempt from inspection and copying: | ||||||
11 | (a) All information determined to be confidential | ||||||
12 | under Section 4002 of the Technology Advancement and | ||||||
13 | Development Act. | ||||||
14 | (b) Library circulation and order records identifying | ||||||
15 | library users with specific materials under the Library | ||||||
16 | Records Confidentiality Act. | ||||||
17 | (c) Applications, related documents, and medical | ||||||
18 | records received by the Experimental Organ Transplantation | ||||||
19 | Procedures Board and any and all documents or other | ||||||
20 | records prepared by the Experimental Organ Transplantation | ||||||
21 | Procedures Board or its staff relating to applications it | ||||||
22 | has received. | ||||||
23 | (d) Information and records held by the Department of |
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| |||||||
1 | Public Health and its authorized representatives relating | ||||||
2 | to known or suspected cases of sexually transmissible | ||||||
3 | disease or any information the disclosure of which is | ||||||
4 | restricted under the Illinois Sexually Transmissible | ||||||
5 | Disease Control Act. | ||||||
6 | (e) Information the disclosure of which is exempted | ||||||
7 | under Section 30 of the Radon Industry Licensing Act. | ||||||
8 | (f) Firm performance evaluations under Section 55 of | ||||||
9 | the Architectural, Engineering, and Land Surveying | ||||||
10 | Qualifications Based Selection Act. | ||||||
11 | (g) Information the disclosure of which is restricted | ||||||
12 | and exempted under Section 50 of the Illinois Prepaid | ||||||
13 | Tuition Act. | ||||||
14 | (h) Information the disclosure of which is exempted | ||||||
15 | under the State Officials and Employees Ethics Act, and | ||||||
16 | records of any lawfully created State or local inspector | ||||||
17 | general's office that would be exempt if created or | ||||||
18 | obtained by an Executive Inspector General's office under | ||||||
19 | that Act. | ||||||
20 | (i) Information contained in a local emergency energy | ||||||
21 | plan submitted to a municipality in accordance with a | ||||||
22 | local emergency energy plan ordinance that is adopted | ||||||
23 | under Section 11-21.5-5 of the Illinois Municipal Code. | ||||||
24 | (j) Information and data concerning the distribution | ||||||
25 | of surcharge moneys collected and remitted by carriers | ||||||
26 | under the Emergency Telephone System Act. |
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| |||||||
1 | (k) Law enforcement officer identification information | ||||||
2 | or driver identification information compiled by a law | ||||||
3 | enforcement agency or the Department of Transportation | ||||||
4 | under Section 11-212 of the Illinois Vehicle Code. | ||||||
5 | (l) Records and information provided to a residential | ||||||
6 | health care facility resident sexual assault and death | ||||||
7 | review team or the Executive Council under the Abuse | ||||||
8 | Prevention Review Team Act. | ||||||
9 | (m) Information provided to the predatory lending | ||||||
10 | database created pursuant to Article 3 of the Residential | ||||||
11 | Real Property Disclosure Act, except to the extent | ||||||
12 | authorized under that Article. | ||||||
13 | (n) Defense budgets and petitions for certification of | ||||||
14 | compensation and expenses for court appointed trial | ||||||
15 | counsel as provided under Sections 10 and 15 of the | ||||||
16 | Capital Crimes Litigation Act (repealed) . This subsection | ||||||
17 | (n) shall apply until the conclusion of the trial of the | ||||||
18 | case, even if the prosecution chooses not to pursue the | ||||||
19 | death penalty prior to trial or sentencing. | ||||||
20 | (o) Information that is prohibited from being | ||||||
21 | disclosed under Section 4 of the Illinois Health and | ||||||
22 | Hazardous Substances Registry Act. | ||||||
23 | (p) Security portions of system safety program plans, | ||||||
24 | investigation reports, surveys, schedules, lists, data, or | ||||||
25 | information compiled, collected, or prepared by or for the | ||||||
26 | Department of Transportation under Sections 2705-300 and |
| |||||||
| |||||||
1 | 2705-616 of the Department of Transportation Law of the | ||||||
2 | Civil Administrative Code of Illinois, the Regional | ||||||
3 | Transportation Authority under Section 2.11 of the | ||||||
4 | Regional Transportation Authority Act, or the St. Clair | ||||||
5 | County Transit District under the Bi-State Transit Safety | ||||||
6 | Act (repealed) . | ||||||
7 | (q) Information prohibited from being disclosed by the | ||||||
8 | Personnel Record Review Act. | ||||||
9 | (r) Information prohibited from being disclosed by the | ||||||
10 | Illinois School Student Records Act. | ||||||
11 | (s) Information the disclosure of which is restricted | ||||||
12 | under Section 5-108 of the Public Utilities Act. | ||||||
13 | (t) (Blank). | ||||||
14 | (u) Records and information provided to an independent | ||||||
15 | team of experts under the Developmental Disability and | ||||||
16 | Mental Health Safety Act (also known as Brian's Law). | ||||||
17 | (v) Names and information of people who have applied | ||||||
18 | for or received Firearm Owner's Identification Cards under | ||||||
19 | the Firearm Owners Identification Card Act or applied for | ||||||
20 | or received a concealed carry license under the Firearm | ||||||
21 | Concealed Carry Act, unless otherwise authorized by the | ||||||
22 | Firearm Concealed Carry Act; and databases under the | ||||||
23 | Firearm Concealed Carry Act, records of the Concealed | ||||||
24 | Carry Licensing Review Board under the Firearm Concealed | ||||||
25 | Carry Act, and law enforcement agency objections under the | ||||||
26 | Firearm Concealed Carry Act. |
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| |||||||
1 | (v-5) Records of the Firearm Owner's Identification | ||||||
2 | Card Review Board that are exempted from disclosure under | ||||||
3 | Section 10 of the Firearm Owners Identification Card Act. | ||||||
4 | (w) Personally identifiable information which is | ||||||
5 | exempted from disclosure under subsection (g) of Section | ||||||
6 | 19.1 of the Toll Highway Act. | ||||||
7 | (x) Information which is exempted from disclosure | ||||||
8 | under Section 5-1014.3 of the Counties Code or Section | ||||||
9 | 8-11-21 of the Illinois Municipal Code. | ||||||
10 | (y) Confidential information under the Adult | ||||||
11 | Protective Services Act and its predecessor enabling | ||||||
12 | statute, the Elder Abuse and Neglect Act, including | ||||||
13 | information about the identity and administrative finding | ||||||
14 | against any caregiver of a verified and substantiated | ||||||
15 | decision of abuse, neglect, or financial exploitation of | ||||||
16 | an eligible adult maintained in the Registry established | ||||||
17 | under Section 7.5 of the Adult Protective Services Act. | ||||||
18 | (z) Records and information provided to a fatality | ||||||
19 | review team or the Illinois Fatality Review Team Advisory | ||||||
20 | Council under Section 15 of the Adult Protective Services | ||||||
21 | Act. | ||||||
22 | (aa) Information which is exempted from disclosure | ||||||
23 | under Section 2.37 of the Wildlife Code. | ||||||
24 | (bb) Information which is or was prohibited from | ||||||
25 | disclosure by the Juvenile Court Act of 1987. | ||||||
26 | (cc) Recordings made under the Law Enforcement |
| |||||||
| |||||||
1 | Officer-Worn Body Camera Act, except to the extent | ||||||
2 | authorized under that Act. | ||||||
3 | (dd) Information that is prohibited from being | ||||||
4 | disclosed under Section 45 of the Condominium and Common | ||||||
5 | Interest Community Ombudsperson Act. | ||||||
6 | (ee) Information that is exempted from disclosure | ||||||
7 | under Section 30.1 of the Pharmacy Practice Act. | ||||||
8 | (ff) Information that is exempted from disclosure | ||||||
9 | under the Revised Uniform Unclaimed Property Act. | ||||||
10 | (gg) Information that is prohibited from being | ||||||
11 | disclosed under Section 7-603.5 of the Illinois Vehicle | ||||||
12 | Code. | ||||||
13 | (hh) Records that are exempt from disclosure under | ||||||
14 | Section 1A-16.7 of the Election Code. | ||||||
15 | (ii) Information which is exempted from disclosure | ||||||
16 | under Section 2505-800 of the Department of Revenue Law of | ||||||
17 | the Civil Administrative Code of Illinois. | ||||||
18 | (jj) Information and reports that are required to be | ||||||
19 | submitted to the Department of Labor by registering day | ||||||
20 | and temporary labor service agencies but are exempt from | ||||||
21 | disclosure under subsection (a-1) of Section 45 of the Day | ||||||
22 | and Temporary Labor Services Act. | ||||||
23 | (kk) Information prohibited from disclosure under the | ||||||
24 | Seizure and Forfeiture Reporting Act. | ||||||
25 | (ll) Information the disclosure of which is restricted | ||||||
26 | and exempted under Section 5-30.8 of the Illinois Public |
| |||||||
| |||||||
1 | Aid Code. | ||||||
2 | (mm) Records that are exempt from disclosure under | ||||||
3 | Section 4.2 of the Crime Victims Compensation Act. | ||||||
4 | (nn) Information that is exempt from disclosure under | ||||||
5 | Section 70 of the Higher Education Student Assistance Act. | ||||||
6 | (oo) Communications, notes, records, and reports | ||||||
7 | arising out of a peer support counseling session | ||||||
8 | prohibited from disclosure under the First Responders | ||||||
9 | Suicide Prevention Act. | ||||||
10 | (pp) Names and all identifying information relating to | ||||||
11 | an employee of an emergency services provider or law | ||||||
12 | enforcement agency under the First Responders Suicide | ||||||
13 | Prevention Act. | ||||||
14 | (qq) Information and records held by the Department of | ||||||
15 | Public Health and its authorized representatives collected | ||||||
16 | under the Reproductive Health Act. | ||||||
17 | (rr) Information that is exempt from disclosure under | ||||||
18 | the Cannabis Regulation and Tax Act. | ||||||
19 | (ss) Data reported by an employer to the Department of | ||||||
20 | Human Rights pursuant to Section 2-108 of the Illinois | ||||||
21 | Human Rights Act. | ||||||
22 | (tt) Recordings made under the Children's Advocacy | ||||||
23 | Center Act, except to the extent authorized under that | ||||||
24 | Act. | ||||||
25 | (uu) Information that is exempt from disclosure under | ||||||
26 | Section 50 of the Sexual Assault Evidence Submission Act. |
| |||||||
| |||||||
1 | (vv) Information that is exempt from disclosure under | ||||||
2 | subsections (f) and (j) of Section 5-36 of the Illinois | ||||||
3 | Public Aid Code. | ||||||
4 | (ww) Information that is exempt from disclosure under | ||||||
5 | Section 16.8 of the State Treasurer Act. | ||||||
6 | (xx) Information that is exempt from disclosure or | ||||||
7 | information that shall not be made public under the | ||||||
8 | Illinois Insurance Code. | ||||||
9 | (yy) Information prohibited from being disclosed under | ||||||
10 | the Illinois Educational Labor Relations Act. | ||||||
11 | (zz) Information prohibited from being disclosed under | ||||||
12 | the Illinois Public Labor Relations Act. | ||||||
13 | (aaa) Information prohibited from being disclosed | ||||||
14 | under Section 1-167 of the Illinois Pension Code. | ||||||
15 | (bbb) Information that is prohibited from disclosure | ||||||
16 | by the Illinois Police Training Act and the Illinois State | ||||||
17 | Police Act. | ||||||
18 | (ccc) Records exempt from disclosure under Section | ||||||
19 | 2605-304 of the Illinois State Police Law of the Civil | ||||||
20 | Administrative Code of Illinois. | ||||||
21 | (ddd) Information prohibited from being disclosed | ||||||
22 | under Section 35 of the Address Confidentiality for | ||||||
23 | Victims of Domestic Violence, Sexual Assault, Human | ||||||
24 | Trafficking, or Stalking Act. | ||||||
25 | (eee) Information prohibited from being disclosed | ||||||
26 | under subsection (b) of Section 75 of the Domestic |
| |||||||
| |||||||
1 | Violence Fatality Review Act. | ||||||
2 | (fff) Images from cameras under the Expressway Camera | ||||||
3 | Act. This subsection (fff) is inoperative on and after | ||||||
4 | July 1, 2025. | ||||||
5 | (ggg) Information prohibited from disclosure under | ||||||
6 | paragraph (3) of subsection (a) of Section 14 of the Nurse | ||||||
7 | Agency Licensing Act. | ||||||
8 | (hhh) Information submitted to the Illinois State | ||||||
9 | Police in an affidavit or application for an assault | ||||||
10 | weapon endorsement, assault weapon attachment endorsement, | ||||||
11 | .50 caliber rifle endorsement, or .50 caliber cartridge | ||||||
12 | endorsement under the Firearm Owners Identification Card | ||||||
13 | Act. | ||||||
14 | (iii) Data exempt from disclosure under Section 50 of | ||||||
15 | the School Safety Drill Act. | ||||||
16 | (jjj) (hhh) Information exempt from disclosure under | ||||||
17 | Section 30 of the Insurance Data Security Law. | ||||||
18 | (kkk) (iii) Confidential business information | ||||||
19 | prohibited from disclosure under Section 45 of the Paint | ||||||
20 | Stewardship Act. | ||||||
21 | (lll) (Reserved). | ||||||
22 | (mmm) (iii) Information prohibited from being | ||||||
23 | disclosed under subsection (e) of Section 1-129 of the | ||||||
24 | Illinois Power Agency Act. | ||||||
25 | (nnn) Information that is exempt from disclosure under | ||||||
26 | Section 7-101 of the Illinois Human Rights Act. |
| |||||||
| |||||||
1 | (Source: P.A. 102-36, eff. 6-25-21; 102-237, eff. 1-1-22; | ||||||
2 | 102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff. | ||||||
3 | 8-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22; | ||||||
4 | 102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff. | ||||||
5 | 6-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372, | ||||||
6 | eff. 1-1-24; 103-508, eff. 8-4-23; 103-580, eff. 12-8-23; | ||||||
7 | revised 1-2-24.) | ||||||
8 | (Text of Section after amendment by P.A. 103-472 ) | ||||||
9 | Sec. 7.5. Statutory exemptions. To the extent provided for | ||||||
10 | by the statutes referenced below, the following shall be | ||||||
11 | exempt from inspection and copying: | ||||||
12 | (a) All information determined to be confidential | ||||||
13 | under Section 4002 of the Technology Advancement and | ||||||
14 | Development Act. | ||||||
15 | (b) Library circulation and order records identifying | ||||||
16 | library users with specific materials under the Library | ||||||
17 | Records Confidentiality Act. | ||||||
18 | (c) Applications, related documents, and medical | ||||||
19 | records received by the Experimental Organ Transplantation | ||||||
20 | Procedures Board and any and all documents or other | ||||||
21 | records prepared by the Experimental Organ Transplantation | ||||||
22 | Procedures Board or its staff relating to applications it | ||||||
23 | has received. | ||||||
24 | (d) Information and records held by the Department of | ||||||
25 | Public Health and its authorized representatives relating |
| |||||||
| |||||||
1 | to known or suspected cases of sexually transmissible | ||||||
2 | disease or any information the disclosure of which is | ||||||
3 | restricted under the Illinois Sexually Transmissible | ||||||
4 | Disease Control Act. | ||||||
5 | (e) Information the disclosure of which is exempted | ||||||
6 | under Section 30 of the Radon Industry Licensing Act. | ||||||
7 | (f) Firm performance evaluations under Section 55 of | ||||||
8 | the Architectural, Engineering, and Land Surveying | ||||||
9 | Qualifications Based Selection Act. | ||||||
10 | (g) Information the disclosure of which is restricted | ||||||
11 | and exempted under Section 50 of the Illinois Prepaid | ||||||
12 | Tuition Act. | ||||||
13 | (h) Information the disclosure of which is exempted | ||||||
14 | under the State Officials and Employees Ethics Act, and | ||||||
15 | records of any lawfully created State or local inspector | ||||||
16 | general's office that would be exempt if created or | ||||||
17 | obtained by an Executive Inspector General's office under | ||||||
18 | that Act. | ||||||
19 | (i) Information contained in a local emergency energy | ||||||
20 | plan submitted to a municipality in accordance with a | ||||||
21 | local emergency energy plan ordinance that is adopted | ||||||
22 | under Section 11-21.5-5 of the Illinois Municipal Code. | ||||||
23 | (j) Information and data concerning the distribution | ||||||
24 | of surcharge moneys collected and remitted by carriers | ||||||
25 | under the Emergency Telephone System Act. | ||||||
26 | (k) Law enforcement officer identification information |
| |||||||
| |||||||
1 | or driver identification information compiled by a law | ||||||
2 | enforcement agency or the Department of Transportation | ||||||
3 | under Section 11-212 of the Illinois Vehicle Code. | ||||||
4 | (l) Records and information provided to a residential | ||||||
5 | health care facility resident sexual assault and death | ||||||
6 | review team or the Executive Council under the Abuse | ||||||
7 | Prevention Review Team Act. | ||||||
8 | (m) Information provided to the predatory lending | ||||||
9 | database created pursuant to Article 3 of the Residential | ||||||
10 | Real Property Disclosure Act, except to the extent | ||||||
11 | authorized under that Article. | ||||||
12 | (n) Defense budgets and petitions for certification of | ||||||
13 | compensation and expenses for court appointed trial | ||||||
14 | counsel as provided under Sections 10 and 15 of the | ||||||
15 | Capital Crimes Litigation Act (repealed) . This subsection | ||||||
16 | (n) shall apply until the conclusion of the trial of the | ||||||
17 | case, even if the prosecution chooses not to pursue the | ||||||
18 | death penalty prior to trial or sentencing. | ||||||
19 | (o) Information that is prohibited from being | ||||||
20 | disclosed under Section 4 of the Illinois Health and | ||||||
21 | Hazardous Substances Registry Act. | ||||||
22 | (p) Security portions of system safety program plans, | ||||||
23 | investigation reports, surveys, schedules, lists, data, or | ||||||
24 | information compiled, collected, or prepared by or for the | ||||||
25 | Department of Transportation under Sections 2705-300 and | ||||||
26 | 2705-616 of the Department of Transportation Law of the |
| |||||||
| |||||||
1 | Civil Administrative Code of Illinois, the Regional | ||||||
2 | Transportation Authority under Section 2.11 of the | ||||||
3 | Regional Transportation Authority Act, or the St. Clair | ||||||
4 | County Transit District under the Bi-State Transit Safety | ||||||
5 | Act (repealed) . | ||||||
6 | (q) Information prohibited from being disclosed by the | ||||||
7 | Personnel Record Review Act. | ||||||
8 | (r) Information prohibited from being disclosed by the | ||||||
9 | Illinois School Student Records Act. | ||||||
10 | (s) Information the disclosure of which is restricted | ||||||
11 | under Section 5-108 of the Public Utilities Act. | ||||||
12 | (t) (Blank). | ||||||
13 | (u) Records and information provided to an independent | ||||||
14 | team of experts under the Developmental Disability and | ||||||
15 | Mental Health Safety Act (also known as Brian's Law). | ||||||
16 | (v) Names and information of people who have applied | ||||||
17 | for or received Firearm Owner's Identification Cards under | ||||||
18 | the Firearm Owners Identification Card Act or applied for | ||||||
19 | or received a concealed carry license under the Firearm | ||||||
20 | Concealed Carry Act, unless otherwise authorized by the | ||||||
21 | Firearm Concealed Carry Act; and databases under the | ||||||
22 | Firearm Concealed Carry Act, records of the Concealed | ||||||
23 | Carry Licensing Review Board under the Firearm Concealed | ||||||
24 | Carry Act, and law enforcement agency objections under the | ||||||
25 | Firearm Concealed Carry Act. | ||||||
26 | (v-5) Records of the Firearm Owner's Identification |
| |||||||
| |||||||
1 | Card Review Board that are exempted from disclosure under | ||||||
2 | Section 10 of the Firearm Owners Identification Card Act. | ||||||
3 | (w) Personally identifiable information which is | ||||||
4 | exempted from disclosure under subsection (g) of Section | ||||||
5 | 19.1 of the Toll Highway Act. | ||||||
6 | (x) Information which is exempted from disclosure | ||||||
7 | under Section 5-1014.3 of the Counties Code or Section | ||||||
8 | 8-11-21 of the Illinois Municipal Code. | ||||||
9 | (y) Confidential information under the Adult | ||||||
10 | Protective Services Act and its predecessor enabling | ||||||
11 | statute, the Elder Abuse and Neglect Act, including | ||||||
12 | information about the identity and administrative finding | ||||||
13 | against any caregiver of a verified and substantiated | ||||||
14 | decision of abuse, neglect, or financial exploitation of | ||||||
15 | an eligible adult maintained in the Registry established | ||||||
16 | under Section 7.5 of the Adult Protective Services Act. | ||||||
17 | (z) Records and information provided to a fatality | ||||||
18 | review team or the Illinois Fatality Review Team Advisory | ||||||
19 | Council under Section 15 of the Adult Protective Services | ||||||
20 | Act. | ||||||
21 | (aa) Information which is exempted from disclosure | ||||||
22 | under Section 2.37 of the Wildlife Code. | ||||||
23 | (bb) Information which is or was prohibited from | ||||||
24 | disclosure by the Juvenile Court Act of 1987. | ||||||
25 | (cc) Recordings made under the Law Enforcement | ||||||
26 | Officer-Worn Body Camera Act, except to the extent |
| |||||||
| |||||||
1 | authorized under that Act. | ||||||
2 | (dd) Information that is prohibited from being | ||||||
3 | disclosed under Section 45 of the Condominium and Common | ||||||
4 | Interest Community Ombudsperson Act. | ||||||
5 | (ee) Information that is exempted from disclosure | ||||||
6 | under Section 30.1 of the Pharmacy Practice Act. | ||||||
7 | (ff) Information that is exempted from disclosure | ||||||
8 | under the Revised Uniform Unclaimed Property Act. | ||||||
9 | (gg) Information that is prohibited from being | ||||||
10 | disclosed under Section 7-603.5 of the Illinois Vehicle | ||||||
11 | Code. | ||||||
12 | (hh) Records that are exempt from disclosure under | ||||||
13 | Section 1A-16.7 of the Election Code. | ||||||
14 | (ii) Information which is exempted from disclosure | ||||||
15 | under Section 2505-800 of the Department of Revenue Law of | ||||||
16 | the Civil Administrative Code of Illinois. | ||||||
17 | (jj) Information and reports that are required to be | ||||||
18 | submitted to the Department of Labor by registering day | ||||||
19 | and temporary labor service agencies but are exempt from | ||||||
20 | disclosure under subsection (a-1) of Section 45 of the Day | ||||||
21 | and Temporary Labor Services Act. | ||||||
22 | (kk) Information prohibited from disclosure under the | ||||||
23 | Seizure and Forfeiture Reporting Act. | ||||||
24 | (ll) Information the disclosure of which is restricted | ||||||
25 | and exempted under Section 5-30.8 of the Illinois Public | ||||||
26 | Aid Code. |
| |||||||
| |||||||
1 | (mm) Records that are exempt from disclosure under | ||||||
2 | Section 4.2 of the Crime Victims Compensation Act. | ||||||
3 | (nn) Information that is exempt from disclosure under | ||||||
4 | Section 70 of the Higher Education Student Assistance Act. | ||||||
5 | (oo) Communications, notes, records, and reports | ||||||
6 | arising out of a peer support counseling session | ||||||
7 | prohibited from disclosure under the First Responders | ||||||
8 | Suicide Prevention Act. | ||||||
9 | (pp) Names and all identifying information relating to | ||||||
10 | an employee of an emergency services provider or law | ||||||
11 | enforcement agency under the First Responders Suicide | ||||||
12 | Prevention Act. | ||||||
13 | (qq) Information and records held by the Department of | ||||||
14 | Public Health and its authorized representatives collected | ||||||
15 | under the Reproductive Health Act. | ||||||
16 | (rr) Information that is exempt from disclosure under | ||||||
17 | the Cannabis Regulation and Tax Act. | ||||||
18 | (ss) Data reported by an employer to the Department of | ||||||
19 | Human Rights pursuant to Section 2-108 of the Illinois | ||||||
20 | Human Rights Act. | ||||||
21 | (tt) Recordings made under the Children's Advocacy | ||||||
22 | Center Act, except to the extent authorized under that | ||||||
23 | Act. | ||||||
24 | (uu) Information that is exempt from disclosure under | ||||||
25 | Section 50 of the Sexual Assault Evidence Submission Act. | ||||||
26 | (vv) Information that is exempt from disclosure under |
| |||||||
| |||||||
1 | subsections (f) and (j) of Section 5-36 of the Illinois | ||||||
2 | Public Aid Code. | ||||||
3 | (ww) Information that is exempt from disclosure under | ||||||
4 | Section 16.8 of the State Treasurer Act. | ||||||
5 | (xx) Information that is exempt from disclosure or | ||||||
6 | information that shall not be made public under the | ||||||
7 | Illinois Insurance Code. | ||||||
8 | (yy) Information prohibited from being disclosed under | ||||||
9 | the Illinois Educational Labor Relations Act. | ||||||
10 | (zz) Information prohibited from being disclosed under | ||||||
11 | the Illinois Public Labor Relations Act. | ||||||
12 | (aaa) Information prohibited from being disclosed | ||||||
13 | under Section 1-167 of the Illinois Pension Code. | ||||||
14 | (bbb) Information that is prohibited from disclosure | ||||||
15 | by the Illinois Police Training Act and the Illinois State | ||||||
16 | Police Act. | ||||||
17 | (ccc) Records exempt from disclosure under Section | ||||||
18 | 2605-304 of the Illinois State Police Law of the Civil | ||||||
19 | Administrative Code of Illinois. | ||||||
20 | (ddd) Information prohibited from being disclosed | ||||||
21 | under Section 35 of the Address Confidentiality for | ||||||
22 | Victims of Domestic Violence, Sexual Assault, Human | ||||||
23 | Trafficking, or Stalking Act. | ||||||
24 | (eee) Information prohibited from being disclosed | ||||||
25 | under subsection (b) of Section 75 of the Domestic | ||||||
26 | Violence Fatality Review Act. |
| |||||||
| |||||||
1 | (fff) Images from cameras under the Expressway Camera | ||||||
2 | Act. This subsection (fff) is inoperative on and after | ||||||
3 | July 1, 2025. | ||||||
4 | (ggg) Information prohibited from disclosure under | ||||||
5 | paragraph (3) of subsection (a) of Section 14 of the Nurse | ||||||
6 | Agency Licensing Act. | ||||||
7 | (hhh) Information submitted to the Illinois State | ||||||
8 | Police in an affidavit or application for an assault | ||||||
9 | weapon endorsement, assault weapon attachment endorsement, | ||||||
10 | .50 caliber rifle endorsement, or .50 caliber cartridge | ||||||
11 | endorsement under the Firearm Owners Identification Card | ||||||
12 | Act. | ||||||
13 | (iii) Data exempt from disclosure under Section 50 of | ||||||
14 | the School Safety Drill Act. | ||||||
15 | (jjj) (hhh) Information exempt from disclosure under | ||||||
16 | Section 30 of the Insurance Data Security Law. | ||||||
17 | (kkk) (iii) Confidential business information | ||||||
18 | prohibited from disclosure under Section 45 of the Paint | ||||||
19 | Stewardship Act. | ||||||
20 | (lll) (iii) Data exempt from disclosure under Section | ||||||
21 | 2-3.196 of the School Code. | ||||||
22 | (mmm) (iii) Information prohibited from being | ||||||
23 | disclosed under subsection (e) of Section 1-129 of the | ||||||
24 | Illinois Power Agency Act. | ||||||
25 | (nnn) Information that is exempt from disclosure under | ||||||
26 | Section 7-101 of the Illinois Human Rights Act. |
| |||||||
| |||||||
1 | (Source: P.A. 102-36, eff. 6-25-21; 102-237, eff. 1-1-22; | ||||||
2 | 102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff. | ||||||
3 | 8-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22; | ||||||
4 | 102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff. | ||||||
5 | 6-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372, | ||||||
6 | eff. 1-1-24; 103-472, eff. 8-1-24; 103-508, eff. 8-4-23; | ||||||
7 | 103-580, eff. 12-8-23; revised 1-2-24.) | ||||||
8 | Section 5. The Illinois Human Rights Act is amended by | ||||||
9 | changing Sections 3-101, 3-102, 8-101, 8-111, 8B-104, 10-103, | ||||||
10 | and 10-104 as follows: | ||||||
11 | (775 ILCS 5/3-101) (from Ch. 68, par. 3-101) | ||||||
12 | Sec. 3-101. Definitions. The following definitions are | ||||||
13 | applicable strictly in the context of this Article: | ||||||
14 | (A) Real Property. "Real property" includes buildings, | ||||||
15 | structures, real estate, lands, tenements, leaseholds, | ||||||
16 | interests in real estate cooperatives, condominiums, and | ||||||
17 | hereditaments, corporeal and incorporeal, or any interest | ||||||
18 | therein. | ||||||
19 | (B) Real Estate Transaction. "Real estate transaction" | ||||||
20 | includes the sale, exchange, rental or lease of real property , | ||||||
21 | or any act that otherwise makes available such a transaction | ||||||
22 | or alters a person's rights to real property . "Real estate | ||||||
23 | transaction" also includes the brokering or appraising of | ||||||
24 | residential real property and the making or purchasing of |
| |||||||
| |||||||
1 | loans or providing other financial assistance: | ||||||
2 | (1) for purchasing, constructing, improving, repairing | ||||||
3 | or maintaining a dwelling; or | ||||||
4 | (2) secured by residential real estate. | ||||||
5 | (C) Housing Accommodations. "Housing accommodation" | ||||||
6 | includes any improved or unimproved real property, or part | ||||||
7 | thereof, which is used or occupied, or is intended, arranged | ||||||
8 | or designed to be used or occupied, as the home or residence of | ||||||
9 | one or more individuals. | ||||||
10 | (D) Real Estate Broker or Salesman. "Real estate broker or | ||||||
11 | salesman" means a person, whether licensed or not, who, for or | ||||||
12 | with the expectation of receiving a consideration, lists, | ||||||
13 | sells, purchases, exchanges, rents, or leases real property, | ||||||
14 | or who negotiates or attempts to negotiate any of these | ||||||
15 | activities, or who holds oneself out as engaged in these. | ||||||
16 | (E) Familial Status. "Familial status" means one or more | ||||||
17 | individuals (who have not attained the age of 18 years) being | ||||||
18 | domiciled with: | ||||||
19 | (1) a parent or person having legal custody of such | ||||||
20 | individual or individuals; or | ||||||
21 | (2) the designee of such parent or other person having | ||||||
22 | such custody, with the written permission of such parent | ||||||
23 | or other person. | ||||||
24 | The protections afforded by this Article against | ||||||
25 | discrimination on the basis of familial status apply to any | ||||||
26 | person who is pregnant or is in the process of securing legal |
| |||||||
| |||||||
1 | custody of any individual who has not attained the age of 18 | ||||||
2 | years. | ||||||
3 | (F) Conciliation. "Conciliation" means the attempted | ||||||
4 | resolution of issues raised by a charge, or by the | ||||||
5 | investigation of such charge, through informal negotiations | ||||||
6 | involving the aggrieved party, the respondent and the | ||||||
7 | Department. | ||||||
8 | (G) Conciliation Agreement. "Conciliation agreement" means | ||||||
9 | a written agreement setting forth the resolution of the issues | ||||||
10 | in conciliation. | ||||||
11 | (H) Covered Multifamily Dwellings. As used in Section | ||||||
12 | 3-102.1, "covered multifamily dwellings" means: | ||||||
13 | (1) buildings consisting of 4 or more units if such | ||||||
14 | buildings have one or more elevators; and | ||||||
15 | (2) ground floor units in other buildings consisting | ||||||
16 | of 4 or more units. | ||||||
17 | (I) Immigration Status. "Immigration status" means a | ||||||
18 | person's actual or perceived citizenship or immigration | ||||||
19 | status. | ||||||
20 | (Source: P.A. 103-232, eff. 1-1-24 .) | ||||||
21 | (775 ILCS 5/3-102) (from Ch. 68, par. 3-102) | ||||||
22 | Sec. 3-102. Civil rights violations; real estate | ||||||
23 | transactions and other prohibited acts. It is a civil rights | ||||||
24 | violation for an owner or any other person, or for a real | ||||||
25 | estate broker or salesman, because of unlawful discrimination, |
| |||||||
| |||||||
1 | familial status, immigration status, source of income, or an | ||||||
2 | arrest record, as defined under subsection (B-5) of Section | ||||||
3 | 1-103, to: | ||||||
4 | (A) Transactions. Refuse to engage in a real estate | ||||||
5 | transaction with a person or deny real property, or to | ||||||
6 | discriminate in making available such a transaction; | ||||||
7 | (B) Terms. Alter the terms, conditions or privileges | ||||||
8 | of a real estate transaction or in the furnishing of | ||||||
9 | facilities or services in connection therewith; | ||||||
10 | (C) Offers. Refuse to receive or to fail to transmit a | ||||||
11 | bona fide offer in a real estate transaction from a | ||||||
12 | person; | ||||||
13 | (D) Negotiation. Refuse to negotiate a real estate | ||||||
14 | transaction with a person; | ||||||
15 | (E) Representations. Represent to a person that real | ||||||
16 | property is not available for inspection, sale, rental, or | ||||||
17 | lease when in fact it is so available, or to fail to bring | ||||||
18 | a property listing to the person's attention, or to refuse | ||||||
19 | to permit the person to inspect real property; | ||||||
20 | (F) Publication of Intent. Make, print, circulate, | ||||||
21 | post, mail, publish or cause to be made, printed, | ||||||
22 | circulated, posted, mailed, or published any notice, | ||||||
23 | statement, advertisement or sign, or use a form of | ||||||
24 | application for a real estate transaction, or make a | ||||||
25 | record or inquiry in connection with a prospective real | ||||||
26 | estate transaction, that indicates any preference, |
| |||||||
| |||||||
1 | limitation, or discrimination based on unlawful | ||||||
2 | discrimination or unlawful discrimination based on | ||||||
3 | familial status, immigration status, source of income, or | ||||||
4 | an arrest record, or an intention to make any such | ||||||
5 | preference, limitation, or discrimination; | ||||||
6 | (G) Listings. Offer, solicit, accept, use or retain a | ||||||
7 | listing of real property with knowledge that unlawful | ||||||
8 | discrimination or discrimination on the basis of familial | ||||||
9 | status, immigration status, source of income, or an arrest | ||||||
10 | record in a real estate transaction is intended. | ||||||
11 | (H) Criteria. Use criteria or methods that have the | ||||||
12 | effect of subjecting individuals to unlawful | ||||||
13 | discrimination or discrimination based on familial status, | ||||||
14 | immigration status, source of income, or an arrest record | ||||||
15 | in a real estate transaction. Such criteria or methods are | ||||||
16 | unlawful under this subsection if they are not necessary | ||||||
17 | to achieve a substantial, legitimate, non-discriminatory | ||||||
18 | interest; or if the substantial, legitimate, | ||||||
19 | non-discriminatory interest could be served by another | ||||||
20 | practice that has a less discriminatory effect. | ||||||
21 | (Source: P.A. 102-896, eff. 1-1-23; 103-232, eff. 1-1-24 .) | ||||||
22 | (775 ILCS 5/8-101) | ||||||
23 | Sec. 8-101. Illinois Human Rights Commission. | ||||||
24 | (A) Creation; appointments. The Human Rights Commission is | ||||||
25 | created to consist of 7 members appointed by the Governor with |
| |||||||
| |||||||
1 | the advice and consent of the Senate. No more than 4 members | ||||||
2 | shall be of the same political party. The Governor shall | ||||||
3 | designate one member as chairperson. All appointments shall be | ||||||
4 | in writing and filed with the Secretary of State as a public | ||||||
5 | record. | ||||||
6 | (B) Terms. Of the members first appointed, 4 shall be | ||||||
7 | appointed for a term to expire on the third Monday of January , | ||||||
8 | 2021, and 3 (including the Chairperson) shall be appointed for | ||||||
9 | a term to expire on the third Monday of January , 2023. | ||||||
10 | Notwithstanding any provision of this Section to the | ||||||
11 | contrary, the term of office of each member of the Illinois | ||||||
12 | Human Rights Commission is abolished on January 19, 2019. | ||||||
13 | Incumbent members holding a position on the Commission that | ||||||
14 | was created by Public Act 84-115 and whose terms, if not for | ||||||
15 | Public Act 100-1066 this amendatory Act of the 100th General | ||||||
16 | Assembly , would have expired January 18, 2021 shall continue | ||||||
17 | to exercise all of the powers and be subject to all of the | ||||||
18 | duties of members of the Commission until June 30, 2019 or | ||||||
19 | until their respective successors are appointed and qualified, | ||||||
20 | whichever is earlier. | ||||||
21 | Thereafter, each member shall serve for a term of 4 years | ||||||
22 | and until the member's successor is appointed and qualified; | ||||||
23 | except that any member chosen to fill a vacancy occurring | ||||||
24 | otherwise than by expiration of a term shall be appointed only | ||||||
25 | for the unexpired term of the member whom the member shall | ||||||
26 | succeed and until the member's successor is appointed and |
| |||||||
| |||||||
1 | qualified. | ||||||
2 | (C) Vacancies. | ||||||
3 | (1) In the case of vacancies on the Commission during | ||||||
4 | a recess of the Senate, the Governor shall make a | ||||||
5 | temporary appointment until the next meeting of the Senate | ||||||
6 | when the Governor shall appoint a person to fill the | ||||||
7 | vacancy. Any person so nominated and confirmed by the | ||||||
8 | Senate shall hold office for the remainder of the term and | ||||||
9 | until the person's successor is appointed and qualified. | ||||||
10 | (2) If the Senate is not in session at the time this | ||||||
11 | Act takes effect, the Governor shall make temporary | ||||||
12 | appointments to the Commission as in the case of | ||||||
13 | vacancies. | ||||||
14 | (3) Vacancies in the Commission shall not impair the | ||||||
15 | right of the remaining members to exercise all the powers | ||||||
16 | of the Commission. Except when authorized by this Act to | ||||||
17 | proceed through a 3 member panel, a majority of the | ||||||
18 | members of the Commission then in office shall constitute | ||||||
19 | a quorum. | ||||||
20 | (D) Compensation. On and after January 19, 2019, the | ||||||
21 | Chairperson of the Commission shall be compensated at the rate | ||||||
22 | of $125,000 per year, or as set by the Compensation Review | ||||||
23 | Board, whichever is greater, during the Chairperson's service | ||||||
24 | as Chairperson, and each other member shall be compensated at | ||||||
25 | the rate of $119,000 per year, or as set by the Compensation | ||||||
26 | Review Board, whichever is greater. In addition, all members |
| |||||||
| |||||||
1 | of the Commission shall be reimbursed for expenses actually | ||||||
2 | and necessarily incurred by them in the performance of their | ||||||
3 | duties. | ||||||
4 | (E) (Blank). Notwithstanding the general supervisory | ||||||
5 | authority of the Chairperson, each commissioner, unless | ||||||
6 | appointed to the special temporary panel created under | ||||||
7 | subsection (H), has the authority to hire and supervise a | ||||||
8 | staff attorney. The staff attorney shall report directly to | ||||||
9 | the individual commissioner. | ||||||
10 | (F) A formal training program for newly appointed | ||||||
11 | commissioners shall be implemented. The training program shall | ||||||
12 | include the following: | ||||||
13 | (1) substantive and procedural aspects of the office | ||||||
14 | of commissioner; | ||||||
15 | (2) current issues in employment and housing | ||||||
16 | discrimination and public accommodation law and practice; | ||||||
17 | (3) orientation to each operational unit of the Human | ||||||
18 | Rights Commission; | ||||||
19 | (4) observation of experienced hearing officers and | ||||||
20 | commissioners conducting hearings of cases, combined with | ||||||
21 | the opportunity to discuss evidence presented and rulings | ||||||
22 | made; | ||||||
23 | (5) the use of hypothetical cases requiring the newly | ||||||
24 | appointed commissioner to issue judgments as a means of | ||||||
25 | evaluating knowledge and writing ability; | ||||||
26 | (6) writing skills; and |
| |||||||
| |||||||
1 | (7) professional and ethical standards. | ||||||
2 | A formal and ongoing professional development program | ||||||
3 | including, but not limited to, the above-noted areas shall be | ||||||
4 | implemented to keep commissioners informed of recent | ||||||
5 | developments and issues and to assist them in maintaining and | ||||||
6 | enhancing their professional competence. Each commissioner | ||||||
7 | shall complete 20 hours of training in the above-noted areas | ||||||
8 | during every 2 years the commissioner remains in office. | ||||||
9 | (G) Commissioners must meet one of the following | ||||||
10 | qualifications: | ||||||
11 | (1) licensed to practice law in the State of Illinois; | ||||||
12 | (2) at least 3 years of experience as a hearing | ||||||
13 | officer at the Human Rights Commission; or | ||||||
14 | (3) at least 4 years of professional experience | ||||||
15 | working for or dealing with individuals or corporations | ||||||
16 | affected by this Act or similar laws in other | ||||||
17 | jurisdictions, including, but not limited to, experience | ||||||
18 | with a civil rights advocacy group, a fair housing group, | ||||||
19 | a community organization, a trade association, a union, a | ||||||
20 | law firm, a legal aid organization, an employer's human | ||||||
21 | resources department, an employment discrimination | ||||||
22 | consulting firm, a community affairs organization, or a | ||||||
23 | municipal human relations agency. | ||||||
24 | The Governor's appointment message, filed with the | ||||||
25 | Secretary of State and transmitted to the Senate, shall state | ||||||
26 | specifically how the experience of a nominee for commissioner |
| |||||||
| |||||||
1 | meets the requirement set forth in this subsection. The | ||||||
2 | Chairperson must have public or private sector management and | ||||||
3 | budget experience, as determined by the Governor. | ||||||
4 | Each commissioner shall devote full time to the | ||||||
5 | commissioner's duties and any commissioner who is an attorney | ||||||
6 | shall not engage in the practice of law, nor shall any | ||||||
7 | commissioner hold any other office or position of profit under | ||||||
8 | the United States or this State or any municipal corporation | ||||||
9 | or political subdivision of this State, nor engage in any | ||||||
10 | other business, employment, or vocation. | ||||||
11 | (H) (Blank). | ||||||
12 | (Source: P.A. 102-1129, eff. 2-10-23; 103-326, eff. 1-1-24; | ||||||
13 | revised 12-15-23.) | ||||||
14 | (775 ILCS 5/8-111) (from Ch. 68, par. 8-111) | ||||||
15 | Sec. 8-111. Court Proceedings. | ||||||
16 | (A) Civil Actions Commenced in Circuit Court. | ||||||
17 | (1) Venue. Civil actions commenced in a circuit court | ||||||
18 | pursuant to Section 7A-102 or 8B-102 shall be commenced in | ||||||
19 | the circuit court in the county in which the civil rights | ||||||
20 | violation was allegedly committed. | ||||||
21 | (2) If a civil action is commenced in a circuit court, | ||||||
22 | the form of the complaint shall be in accordance with the | ||||||
23 | Code of Civil Procedure. | ||||||
24 | (3) Jury Trial. If a civil action is commenced in a | ||||||
25 | circuit court under Section 7A-102 or 8B-102, the |
| |||||||
| |||||||
1 | plaintiff or defendant may demand trial by jury. | ||||||
2 | (4) Remedies. Upon the finding of a civil rights | ||||||
3 | violation, the circuit court or jury may award any of the | ||||||
4 | remedies set forth in Section 8A-104 or 8B-104. | ||||||
5 | (B) Judicial Review. | ||||||
6 | (1) Any complainant or respondent may apply for and | ||||||
7 | obtain judicial review of a final order of the Commission | ||||||
8 | entered under this Act by filing a petition for review in | ||||||
9 | the Appellate Court within 35 days from the date that a | ||||||
10 | copy of the decision sought to be reviewed was served upon | ||||||
11 | the party affected by the decision. If a 3-member panel or | ||||||
12 | the full Commission finds that an interlocutory order | ||||||
13 | involves a question of law as to which there is | ||||||
14 | substantial ground for difference of opinion and that an | ||||||
15 | immediate appeal from the order may materially advance the | ||||||
16 | ultimate termination of the litigation, any party may | ||||||
17 | petition the Appellate Court for permission to appeal the | ||||||
18 | order. The procedure for obtaining the required Commission | ||||||
19 | findings and the permission of the Appellate Court shall | ||||||
20 | be governed by Supreme Court Rule 308, except the | ||||||
21 | references to the "trial court" shall be understood as | ||||||
22 | referring to the Commission. | ||||||
23 | (2) In any proceeding brought for judicial review, the | ||||||
24 | Commission's findings of fact shall be sustained unless | ||||||
25 | the court determines that such findings are contrary to | ||||||
26 | the manifest weight of the evidence. |
| |||||||
| |||||||
1 | (3) Venue. Proceedings for judicial review shall be | ||||||
2 | commenced in the appellate court for the district wherein | ||||||
3 | the civil rights violation which is the subject of the | ||||||
4 | Commission's order was allegedly committed. | ||||||
5 | (C) Judicial Enforcement. | ||||||
6 | (1) When the Commission, at the instance of the | ||||||
7 | Department or an aggrieved party, concludes that any | ||||||
8 | person has violated a valid order of the Commission issued | ||||||
9 | pursuant to this Act, and the violation and its effects | ||||||
10 | are not promptly corrected, the Commission, through a | ||||||
11 | panel of 3 members, shall order the Department to commence | ||||||
12 | an action in the name of the People of the State of | ||||||
13 | Illinois by complaint, alleging the violation, attaching a | ||||||
14 | copy of the order of the Commission and praying for the | ||||||
15 | issuance of an order directing such person, his or her or | ||||||
16 | its officers, agents, servants, successors and assigns to | ||||||
17 | comply with the order of the Commission. | ||||||
18 | (2) An aggrieved party may file a complaint for | ||||||
19 | enforcement of a valid order of the Commission directly in | ||||||
20 | Circuit Court. | ||||||
21 | (3) Upon the commencement of an action filed under | ||||||
22 | paragraphs (1) or (2) of this subsection, the court shall | ||||||
23 | have jurisdiction over the proceedings and power to grant | ||||||
24 | or refuse, in whole or in part, the relief sought or impose | ||||||
25 | such other remedy as the court may deem proper. | ||||||
26 | (4) The court may stay an order of the Commission in |
| |||||||
| |||||||
1 | accordance with the applicable Supreme Court rules, | ||||||
2 | pending disposition of the proceedings. | ||||||
3 | (5) The court may punish for any violation of its | ||||||
4 | order as in the case of civil contempt. | ||||||
5 | (6) Venue. Proceedings for judicial enforcement of a | ||||||
6 | Commission order shall be commenced in the circuit court | ||||||
7 | in the county wherein the civil rights violation which is | ||||||
8 | the subject of the Commission's order was committed. | ||||||
9 | (7) Enforcement of judicial order. An aggrieved party | ||||||
10 | may take action to collect on a judicial order issued by | ||||||
11 | the Circuit Court in an enforcement action initiated by | ||||||
12 | the State, regardless of whether or not the aggrieved | ||||||
13 | party intervened in an enforcement action. | ||||||
14 | (D) Limitation. Except as otherwise provided by law, no | ||||||
15 | court of this state shall have jurisdiction over the subject | ||||||
16 | of an alleged civil rights violation other than as set forth in | ||||||
17 | this Act. | ||||||
18 | (E) This amendatory Act of 1996 applies to causes of | ||||||
19 | action filed on or after January 1, 1996. | ||||||
20 | (F) The changes made to this Section by this amendatory | ||||||
21 | Act of the 95th General Assembly apply to charges or | ||||||
22 | complaints filed with the Department or the Commission on or | ||||||
23 | after the effective date of those changes. | ||||||
24 | (Source: P.A. 101-661, eff. 4-2-21; 102-706, eff. 4-22-22.) | ||||||
25 | (775 ILCS 5/8B-104) (from Ch. 68, par. 8B-104) |
| |||||||
| |||||||
1 | Sec. 8B-104. Relief; penalties. Upon finding a civil | ||||||
2 | rights violation, a hearing officer may recommend and the | ||||||
3 | Commission or any three-member panel thereof may provide for | ||||||
4 | any relief or penalty identified in this Section, separately | ||||||
5 | or in combination, by entering an order directing the | ||||||
6 | respondent to: | ||||||
7 | (A) Cease and Desist Order. Cease and desist from any | ||||||
8 | violation of this Act. | ||||||
9 | (B) Actual Damages. Pay actual damages, as reasonably | ||||||
10 | determined by the Commission, for injury or loss suffered | ||||||
11 | by the complainant. | ||||||
12 | (C) Civil Penalty. Pay a civil penalty per violation | ||||||
13 | to vindicate the public interest . In imposing a civil | ||||||
14 | penalty to vindicate the public interest, a separate | ||||||
15 | penalty may be imposed for each specific act constituting | ||||||
16 | a civil rights violation as defined in Section 1-103, and | ||||||
17 | for each aggrieved party injured by the civil rights | ||||||
18 | violation : | ||||||
19 | (i) in an amount not exceeding $16,000 if the | ||||||
20 | respondent has not been adjudged to have committed any | ||||||
21 | prior civil rights violation under Article 3; | ||||||
22 | (ii) in an amount not exceeding $42,500 if the | ||||||
23 | respondent has been adjudged to have committed one | ||||||
24 | other civil rights violation under Article 3 during | ||||||
25 | the 5-year period ending on the date of the filing of | ||||||
26 | this charge; and |
| |||||||
| |||||||
1 | (iii) in an amount not exceeding $70,000 if the | ||||||
2 | respondent has been adjudged to have committed 2 or | ||||||
3 | more civil rights violations under Article 3 during | ||||||
4 | the 7-year period ending on the date of the filing of | ||||||
5 | this charge; except that if the acts constituting the | ||||||
6 | civil rights violation that is the object of the | ||||||
7 | charge are committed by the same natural person who | ||||||
8 | has been previously adjudged to have committed acts | ||||||
9 | constituting a civil rights violation under Article 3, | ||||||
10 | then the civil penalties set forth in subparagraphs | ||||||
11 | (ii) and (iii) may be imposed without regard to the | ||||||
12 | period of time within which any subsequent civil | ||||||
13 | rights violation under Article 3 occurred. | ||||||
14 | (D) Attorney Fees; Costs. Pay to the complainant all | ||||||
15 | or a portion of the costs of maintaining the action, | ||||||
16 | including reasonable attorneys fees and expert witness | ||||||
17 | fees incurred in maintaining this action before the | ||||||
18 | Department, the Commission and in any judicial review and | ||||||
19 | judicial enforcement proceedings. | ||||||
20 | (E) Compliance Report. Report as to the manner of | ||||||
21 | compliance. | ||||||
22 | (F) Posting of Notices. Post notices in a conspicuous | ||||||
23 | place which the Commission may publish or cause to be | ||||||
24 | published setting forth requirements for compliance with | ||||||
25 | this Act or other relevant information which the | ||||||
26 | Commission determines necessary to explain this Act. |
| |||||||
| |||||||
1 | (G) Make Complainant Whole. Take such action as may be | ||||||
2 | necessary to make the individual complainant whole, | ||||||
3 | including, but not limited to, awards of interest on the | ||||||
4 | complainant's actual damages from the date of the civil | ||||||
5 | rights violation. | ||||||
6 | (Source: P.A. 99-548, eff. 1-1-17 .) | ||||||
7 | (775 ILCS 5/10-103) (from Ch. 68, par. 10-103) | ||||||
8 | Sec. 10-103. Circuit court actions pursuant to election. | ||||||
9 | (A) If an election is made under Section 8B-102, the | ||||||
10 | Department shall authorize and , not later than 30 days after | ||||||
11 | the entry of the administrative closure order is entered by | ||||||
12 | the Commission and served on the Department, the Attorney | ||||||
13 | General shall commence and maintain a civil action on behalf | ||||||
14 | of the aggrieved party in a circuit court of Illinois seeking | ||||||
15 | relief under this Section. Venue for such civil action shall | ||||||
16 | be determined under Section 8-111(A)(1). | ||||||
17 | (B) Any aggrieved party with respect to the issues to be | ||||||
18 | determined in a civil action under this Section may intervene | ||||||
19 | as of right in that civil action. | ||||||
20 | (C) In a civil action under this Section, if the court | ||||||
21 | finds that a civil rights violation has occurred or is about to | ||||||
22 | occur the court may grant as relief any relief which a court | ||||||
23 | could grant with respect to such civil rights violation in a | ||||||
24 | civil action under Section 10-102. Any relief so granted that | ||||||
25 | would accrue to an aggrieved party in a civil action commenced |
| |||||||
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1 | by that aggrieved party under Section 10-102 shall also accrue | ||||||
2 | to that aggrieved party in a civil action under this Section. | ||||||
3 | If monetary relief is sought for the benefit of an aggrieved | ||||||
4 | party who does not intervene in the civil action, the court | ||||||
5 | shall not award such relief if that aggrieved party has not | ||||||
6 | complied with discovery orders entered by the court. | ||||||
7 | (Source: P.A. 101-530, eff. 1-1-20; 101-661, eff. 4-2-21.) | ||||||
8 | (775 ILCS 5/10-104) | ||||||
9 | Sec. 10-104. Circuit Court Actions by the Illinois | ||||||
10 | Attorney General. | ||||||
11 | (A) Standing, venue, limitations on actions, preliminary | ||||||
12 | investigations, notice, and Assurance of Voluntary Compliance. | ||||||
13 | (1) Whenever the Illinois Attorney General has | ||||||
14 | reasonable cause to believe that any person or group of | ||||||
15 | persons is engaged in a pattern and practice of | ||||||
16 | discrimination prohibited by this Act, the Illinois | ||||||
17 | Attorney General may commence a civil action in the name | ||||||
18 | of the People of the State, as parens patriae on behalf of | ||||||
19 | persons within the State to enforce the provisions of this | ||||||
20 | Act in any appropriate circuit court. Venue for this civil | ||||||
21 | action shall be determined under paragraph (1) of | ||||||
22 | subsection (A) of Section 8-111. Such actions shall be | ||||||
23 | commenced no later than 2 years after the occurrence or | ||||||
24 | the termination of an alleged civil rights violation or | ||||||
25 | the breach of a conciliation agreement or Assurance of |
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1 | Voluntary Compliance entered into under this Act, | ||||||
2 | whichever occurs last, to obtain relief with respect to | ||||||
3 | the alleged civil rights violation or breach. | ||||||
4 | (2) Prior to initiating a civil action, the Attorney | ||||||
5 | General shall conduct a preliminary investigation to | ||||||
6 | determine whether there is reasonable cause to believe | ||||||
7 | that any person or group of persons is engaged in a pattern | ||||||
8 | and practice of discrimination declared unlawful by this | ||||||
9 | Act and whether the dispute can be resolved without | ||||||
10 | litigation. In conducting this investigation, the Attorney | ||||||
11 | General may: | ||||||
12 | (a) require the individual or entity to file a | ||||||
13 | statement or report in writing under oath or | ||||||
14 | otherwise, as to all information the Attorney General | ||||||
15 | may consider necessary; | ||||||
16 | (b) examine under oath any person alleged to have | ||||||
17 | participated in or with knowledge of the alleged | ||||||
18 | pattern and practice violation; or | ||||||
19 | (c) issue subpoenas or conduct hearings in aid of | ||||||
20 | any investigation. | ||||||
21 | (3) Service by the Attorney General of any notice | ||||||
22 | requiring a person to file a statement or report, or of a | ||||||
23 | subpoena upon any person, shall be made: | ||||||
24 | (a) personally by delivery of a duly executed copy | ||||||
25 | thereof to the person to be served or, if a person is | ||||||
26 | not a natural person, in the manner provided in the |
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1 | Code of Civil Procedure when a complaint is filed; or | ||||||
2 | (b) by mailing by certified mail a duly executed | ||||||
3 | copy thereof to the person to be served at his or her | ||||||
4 | last known abode or principal place of business within | ||||||
5 | this State. | ||||||
6 | (4) In lieu of a civil action, the individual or | ||||||
7 | entity alleged to have engaged in a pattern or practice of | ||||||
8 | discrimination deemed violative of this Act may enter into | ||||||
9 | an Assurance of Voluntary Compliance with respect to the | ||||||
10 | alleged pattern or practice violation. | ||||||
11 | (5) The Illinois Attorney General may commence a civil | ||||||
12 | action under this subsection (A) whether or not a charge | ||||||
13 | has been filed under Sections 7A-102 or 7B-102 and without | ||||||
14 | regard to the status of any charge, however, if the | ||||||
15 | Department or local agency has obtained a conciliation or | ||||||
16 | settlement agreement or if the parties have entered into | ||||||
17 | an Assurance of Voluntary Compliance no action may be | ||||||
18 | filed under this subsection (A) with respect to the | ||||||
19 | alleged civil rights violation practice that forms the | ||||||
20 | basis for the complaint except for the purpose of | ||||||
21 | enforcing the terms of the conciliation or settlement | ||||||
22 | agreement or the terms of the Assurance of Voluntary | ||||||
23 | Compliance. | ||||||
24 | (6) Subpoenas. | ||||||
25 | (a) Petition for enforcement. Whenever any person | ||||||
26 | fails to comply with any subpoena issued under |
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1 | paragraph (2) of this subsection (A), or whenever | ||||||
2 | satisfactory copying or reproduction of any material | ||||||
3 | requested in an investigation cannot be done and the | ||||||
4 | person refuses to surrender the material, the Attorney | ||||||
5 | General may file in any appropriate circuit court, and | ||||||
6 | serve upon the person, a petition for a court order for | ||||||
7 | the enforcement of the subpoena or other request. | ||||||
8 | Venue for this enforcement action shall be determined | ||||||
9 | under paragraph (E)(1) of Section 8-104. | ||||||
10 | (b) Petition to modify or set aside a subpoena. | ||||||
11 | (i) Any person who has received a subpoena | ||||||
12 | issued under paragraph (2) of this subsection (A) | ||||||
13 | may file in the appropriate circuit court, and | ||||||
14 | serve upon the Attorney General, a petition for a | ||||||
15 | court order to modify or set aside the subpoena or | ||||||
16 | other request. The petition must be filed either | ||||||
17 | (I) within 20 days after the date of service of the | ||||||
18 | subpoena or at any time before the return date | ||||||
19 | specified in the subpoena, whichever date is | ||||||
20 | earlier, or (II) within such longer period as may | ||||||
21 | be prescribed in writing by the Attorney General. | ||||||
22 | (ii) The petition shall specify each ground | ||||||
23 | upon which the petitioner relies in seeking relief | ||||||
24 | under subdivision (i) and may be based upon any | ||||||
25 | failure of the subpoena to comply with the | ||||||
26 | provisions of this Section or upon any |
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1 | constitutional or other legal right or privilege | ||||||
2 | of the petitioner. During the pendency of the | ||||||
3 | petition in the court, the court may stay, as it | ||||||
4 | deems proper, the running of the time allowed for | ||||||
5 | compliance with the subpoena or other request, in | ||||||
6 | whole or in part, except that the petitioner shall | ||||||
7 | comply with any portion of the subpoena or other | ||||||
8 | request not sought to be modified or set aside. | ||||||
9 | (c) Jurisdiction. Whenever any petition is filed | ||||||
10 | in any circuit court under this paragraph (6), the | ||||||
11 | court shall have jurisdiction to hear and determine | ||||||
12 | the matter so presented and to enter such orders as may | ||||||
13 | be required to carry out the provisions of this | ||||||
14 | Section. Any final order so entered shall be subject | ||||||
15 | to appeal in the same manner as appeals of other final | ||||||
16 | orders in civil matters. Any disobedience of any final | ||||||
17 | order entered under this paragraph (6) by any court | ||||||
18 | shall be punished as a contempt of the court. | ||||||
19 | (B) Relief which may be granted. | ||||||
20 | (1) In any civil action brought pursuant to subsection | ||||||
21 | (A) of this Section, the Attorney General may obtain as a | ||||||
22 | remedy, equitable relief (including any permanent or | ||||||
23 | preliminary injunction, temporary restraining order, or | ||||||
24 | other order, including an order enjoining the defendant | ||||||
25 | from engaging in such civil rights violation or ordering | ||||||
26 | any action as may be appropriate). In addition, the |
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1 | Attorney General may request and the Court may impose | ||||||
2 | restitution to any aggrieved party injured by the pattern | ||||||
3 | or practice of discrimination, to the extent not covered | ||||||
4 | by other sources, and a civil penalty per civil rights | ||||||
5 | violation to vindicate the public interest . In imposing a | ||||||
6 | civil penalty to vindicate the public interest, each | ||||||
7 | instance in which a provision of this Act is violated as | ||||||
8 | part of a pattern or practice of discrimination may be | ||||||
9 | considered to constitute a separate violation or | ||||||
10 | violations, as may each aggrieved party harmed : | ||||||
11 | (a) for violations of this Act Article 3 and | ||||||
12 | Article 4 in an amount not exceeding $50,000 $25,000 | ||||||
13 | per violation , and in the case of violations of all | ||||||
14 | other Articles in an amount not exceeding $10,000 if | ||||||
15 | the defendant has not been adjudged to have committed | ||||||
16 | any prior civil rights violations under any the | ||||||
17 | provision of the Act that is the basis of the | ||||||
18 | complaint; | ||||||
19 | (b) for violations of this Act Article 3 and | ||||||
20 | Article 4 in an amount not exceeding $75,000 $50,000 | ||||||
21 | per violation , and in the case of violations of all | ||||||
22 | other Articles in an amount not exceeding $25,000 if | ||||||
23 | the defendant has been adjudged to have committed one | ||||||
24 | other civil rights violation under any the provision | ||||||
25 | of the Act within 5 years of the occurrence of the | ||||||
26 | civil rights violation that is the basis of the |
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1 | complaint; and | ||||||
2 | (c) for violations of this Act Article 3 and | ||||||
3 | Article 4 in an amount not exceeding $100,000 $75,000 | ||||||
4 | per violation , and in the case of violations of all | ||||||
5 | other Articles in an amount not exceeding $50,000 if | ||||||
6 | the defendant has been adjudged to have committed 2 or | ||||||
7 | more civil rights violations under any the provision | ||||||
8 | of the Act within 5 years of the occurrence of the | ||||||
9 | civil rights violation that is the basis of the | ||||||
10 | complaint. | ||||||
11 | (2) A civil penalty imposed under subdivision (B)(1) | ||||||
12 | of this Section shall be deposited into the Attorney | ||||||
13 | General Court Ordered and Voluntary Compliance Payment | ||||||
14 | Projects Fund, which is a special fund in the State | ||||||
15 | Treasury. Moneys in the Fund shall be used, subject to | ||||||
16 | appropriation, for the performance of any function | ||||||
17 | pertaining to the exercise of the duties of the Attorney | ||||||
18 | General including but not limited to enforcement of any | ||||||
19 | law of this State and conducting public education | ||||||
20 | programs; however, any moneys in the Fund that are | ||||||
21 | required by the court or by an agreement to be used for a | ||||||
22 | particular purpose shall be used for that purpose. | ||||||
23 | (3) Aggrieved parties seeking actual damages must | ||||||
24 | follow the procedure set out in Sections 7A-102 or 7B-102 | ||||||
25 | for filing a charge. An action brought by the Illinois | ||||||
26 | Attorney General pursuant to this Section is independent |
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1 | of any other action, remedy, or procedure that may be | ||||||
2 | available to an aggrieved party under any other provision | ||||||
3 | of law, including, but not limited to, an action, remedy, | ||||||
4 | or procedure brought pursuant to the procedures set out in | ||||||
5 | Section 7A-102 or 7B-102. | ||||||
6 | (Source: P.A. 101-661, eff. 4-2-21.) | ||||||
7 | Section 6. The Illinois Human Rights Act is amended by | ||||||
8 | changing Section 7-101 as follows: | ||||||
9 | (775 ILCS 5/7-101) (from Ch. 68, par. 7-101) | ||||||
10 | Sec. 7-101. Powers and duties. In addition to other powers | ||||||
11 | and duties prescribed in this Act, the Department shall have | ||||||
12 | the following powers: | ||||||
13 | (A) Rules and Regulations. To adopt, promulgate, amend, | ||||||
14 | and rescind rules and regulations not inconsistent with the | ||||||
15 | provisions of this Act pursuant to the Illinois Administrative | ||||||
16 | Procedure Act. | ||||||
17 | (B) Charges. To issue, receive, investigate, conciliate, | ||||||
18 | settle, and dismiss charges filed in conformity with this Act. | ||||||
19 | (C) Compulsory Process. To request subpoenas as it deems | ||||||
20 | necessary for its investigations. | ||||||
21 | (D) Complaints. To file complaints with the Commission in | ||||||
22 | conformity with this Act and to intervene in complaints | ||||||
23 | pending before the Commission filed under Article 2, 4, 5, 5A, | ||||||
24 | or 6. |
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1 | (E) Judicial Enforcement. To seek temporary relief and to | ||||||
2 | enforce orders of the Commission in conformity with this Act. | ||||||
3 | (F) Equal Employment Opportunities. To take such action as | ||||||
4 | may be authorized to provide for equal employment | ||||||
5 | opportunities and affirmative action. | ||||||
6 | (G) Recruitment; Research; Public Communication; Advisory | ||||||
7 | Councils. To engage in such recruitment, research and public | ||||||
8 | communication and create such advisory councils as may be | ||||||
9 | authorized to effectuate the purposes of this Act. | ||||||
10 | (H) Coordination with other Agencies. To coordinate its | ||||||
11 | activities with federal, state, and local agencies in | ||||||
12 | conformity with this Act. | ||||||
13 | (I) Grants; Private Gifts. | ||||||
14 | (1) To accept public grants and private gifts as may | ||||||
15 | be authorized. | ||||||
16 | (2) To design grant programs and award grants to | ||||||
17 | eligible recipients. | ||||||
18 | (J) Education and Training. To implement a formal and | ||||||
19 | unbiased program of education and training for all employees | ||||||
20 | assigned to investigate and conciliate charges under Articles | ||||||
21 | 7A and 7B. The training program shall include the following: | ||||||
22 | (1) substantive and procedural aspects of the | ||||||
23 | investigation and conciliation positions; | ||||||
24 | (2) current issues in human rights law and practice; | ||||||
25 | (3) lectures by specialists in substantive areas | ||||||
26 | related to human rights matters; |
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1 | (4) orientation to each operational unit of the | ||||||
2 | Department and Commission; | ||||||
3 | (5) observation of experienced Department | ||||||
4 | investigators and attorneys conducting conciliation | ||||||
5 | conferences, combined with the opportunity to discuss | ||||||
6 | evidence presented and rulings made; | ||||||
7 | (6) the use of hypothetical cases requiring the | ||||||
8 | Department investigator and conciliation conference | ||||||
9 | attorney to issue judgments as a means to evaluating | ||||||
10 | knowledge and writing ability; | ||||||
11 | (7) writing skills; | ||||||
12 | (8) computer skills, including but not limited to word | ||||||
13 | processing and document management. | ||||||
14 | A formal, unbiased and ongoing professional development | ||||||
15 | program including, but not limited to, the above-noted areas | ||||||
16 | shall be implemented to keep Department investigators and | ||||||
17 | attorneys informed of recent developments and issues and to | ||||||
18 | assist them in maintaining and enhancing their professional | ||||||
19 | competence. | ||||||
20 | (K) Hotlines. To establish and maintain hotlines and | ||||||
21 | helplines to aid in effectuating the purposes of this Act | ||||||
22 | including the confidential reporting of discrimination, | ||||||
23 | harassment, and bias incidents. All communications received or | ||||||
24 | sent via the hotlines and helplines are exempt from disclosure | ||||||
25 | under the Freedom of Information Act. | ||||||
26 | (Source: P.A. 102-1115, eff. 1-9-23; 103-335, eff. 1-1-24 .) |
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1 | (775 ILCS 5/8-113 rep.) | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
2 | Section 10. The Illinois Human Rights Act is amended by | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
3 | repealing Section 8-113. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
4 | Section 95. No acceleration or delay. Where this Act makes | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
5 | changes in a statute that is represented in this Act by text | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
6 | that is not yet or no longer in effect (for example, a Section | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
7 | represented by multiple versions), the use of that text does | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
8 | not accelerate or delay the taking effect of (i) the changes | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
9 | made by this Act or (ii) provisions derived from any other | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
10 | Public Act. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
11 | Section 99. Effective date. This Act takes effect upon | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
12 | becoming law except that Sections 5 and 10 take effect January | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
13 | 1, 2025. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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