Full Text of HB4829 94th General Assembly
HB4829sam001 94TH GENERAL ASSEMBLY
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Sen. Iris Y. Martinez
Filed: 3/16/2006
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09400HB4829sam001 |
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LRB094 16490 WGH 57308 a |
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| AMENDMENT TO HOUSE BILL 4829
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| AMENDMENT NO. ______. Amend House Bill 4829 on page 1, by | 3 |
| replacing line 5 with the following:
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| "changing Sections 7A-102 and 7B-102 as follows:
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| (775 ILCS 5/7A-102) (from Ch. 68, par. 7A-102)
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| Sec. 7A-102. Procedures.
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| (A) Charge.
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| (1) Within 180 days after the
date that a civil rights | 9 |
| violation allegedly has been committed, a
charge in writing | 10 |
| under oath or affirmation may be filed with the
Department | 11 |
| by an aggrieved party or issued by the Department itself
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| under the signature of the Director.
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| (2) The charge shall be in such detail as to | 14 |
| substantially apprise
any party properly concerned as to | 15 |
| the time, place, and facts
surrounding the alleged civil | 16 |
| rights violation.
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| (A-1) Equal Employment Opportunity Commission Charges. A | 18 |
| charge filed with the Equal Employment Opportunity Commission | 19 |
| within 180 days after the date of the alleged civil rights | 20 |
| violation shall be deemed filed with the Department on the date | 21 |
| filed with the Equal Employment Opportunity Commission. Upon | 22 |
| receipt of a charge filed with the Equal Employment Opportunity | 23 |
| Commission, the Department shall notify the complainant that he | 24 |
| or she may proceed with the Department. The complainant must | 25 |
| notify the Department of his or her decision in writing within |
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| 35 days of receipt of the Department's notice to the | 2 |
| complainant and the Department shall close the case if the | 3 |
| complainant does not do so. If the complainant proceeds with | 4 |
| the Department, the Department shall take no action until the | 5 |
| Equal Employment Opportunity Commission makes a determination | 6 |
| on the charge. Upon receipt of the Equal Employment Opportunity | 7 |
| Commission's determination, the Department shall cause the | 8 |
| charge to be filed under oath or affirmation and to be in such | 9 |
| detail as provided for under subparagraph (2) of paragraph (A). | 10 |
| At the Department's discretion, the Department shall either | 11 |
| adopt the Equal Employment Opportunity Commission's | 12 |
| determination or process the charge pursuant to this Act. | 13 |
| Adoption of the Equal Employment Opportunity Commission's | 14 |
| determination shall be deemed a determination by the Department | 15 |
| for all purposes under this Act.
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| (B) Notice, and Response, and Review of Charge.
The | 17 |
| Department shall, within 10
days of the date on which the | 18 |
| charge
was filed, serve a copy of the charge on the respondent. | 19 |
| This period shall
not be construed to be jurisdictional. The | 20 |
| charging party and the respondent
may each file a position | 21 |
| statement and other materials with the Department
regarding the | 22 |
| charge of alleged discrimination within 60 days of receipt of | 23 |
| the
notice of the charge. The position statements and other | 24 |
| materials filed shall
remain confidential unless otherwise | 25 |
| agreed to by the party providing the
information and shall not | 26 |
| be served on or made available to the other
party during | 27 |
| pendency
of a charge with the Department. The Department
shall
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| require the respondent to file a verified response to
the | 29 |
| allegations contained in the charge within 60 days of receipt | 30 |
| of the
notice of the
charge. The respondent shall serve a copy
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| of its response on the
complainant or his representative. All | 32 |
| allegations contained in the charge
not timely denied by the | 33 |
| respondent shall be deemed admitted, unless the
respondent | 34 |
| states that it is without sufficient information to
form a |
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| belief with respect to such allegation. The Department may | 2 |
| issue
a notice of default directed to any respondent who fails | 3 |
| to file a
verified response to a charge within 60 days of | 4 |
| receipt of the
notice of the charge,
unless the respondent can
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| demonstrate good cause as
to why such notice should not issue. | 6 |
| The term "good cause" shall be defined by rule promulgated by | 7 |
| the Department. Within 30 days of receipt
of the respondent's | 8 |
| response, the complainant may file a
reply to
said response and
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| shall serve
a copy of said reply on the respondent or his | 10 |
| representative. A party
shall have the right to supplement his | 11 |
| response or reply at any time that
the investigation of the | 12 |
| charge is pending. The Department shall,
within 10 days of the | 13 |
| date on which the charge was filed,
and again no later than 335 | 14 |
| days thereafter,
send by certified or registered mail written | 15 |
| notice to the complainant
and to the respondent
informing the | 16 |
| complainant
of the right to file a complaint with the Human
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| Rights Commission
under subparagraph (2) of paragraph (G), | 18 |
| including in such notice the dates
within which the complainant | 19 |
| may exercise this right.
In the notice the Department shall | 20 |
| notify the complainant that the
charge of civil rights | 21 |
| violation will be dismissed with prejudice and with no
right to | 22 |
| further proceed if a written complaint is not timely filed with
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| the Commission by the complainant pursuant to subparagraph (2) | 24 |
| of paragraph (G)
or by the Department pursuant to subparagraph | 25 |
| (1) of paragraph (G).
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| (B-1) Mediation. The complainant and respondent may agree | 27 |
| to voluntarily
submit the charge
to mediation without waiving | 28 |
| any rights that are otherwise available to
either party | 29 |
| pursuant to this Act and without incurring any obligation to
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| accept the result of the mediation process. Nothing occurring | 31 |
| in mediation
shall
be disclosed by the Department or admissible | 32 |
| in evidence in any subsequent
proceeding unless the complainant | 33 |
| and the respondent agree in writing that such
disclosure be | 34 |
| made.
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| (C) Investigation.
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| (1) After the respondent has been notified, the
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| Department shall conduct a full investigation of the | 4 |
| allegations set
forth in the charge.
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| (2) The Director or his or her designated | 6 |
| representatives shall have
authority to request any member | 7 |
| of the Commission to issue subpoenas to
compel the | 8 |
| attendance of a witness or the production for
examination | 9 |
| of any books, records or documents whatsoever.
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| (3) If any witness whose testimony is required for any | 11 |
| investigation
resides outside the State, or through | 12 |
| illness or any other good cause as
determined by the | 13 |
| Director is unable to be interviewed by the investigator
or | 14 |
| appear at a fact finding conference, his or her testimony | 15 |
| or deposition
may be taken, within or without the State, in | 16 |
| the same manner as is
provided for in the taking of | 17 |
| depositions in civil cases in circuit courts.
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| (4) Upon reasonable notice to the complainant and the | 19 |
| respondent,
the Department shall conduct a fact finding | 20 |
| conference prior to
365 days after the date on which the | 21 |
| charge was filed,
unless the Director has determined | 22 |
| whether there is substantial evidence
that the alleged | 23 |
| civil rights violation has been committed or the charge has
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| been dismissed for lack of jurisdiction. If the parties | 25 |
| agree in writing,
the fact finding conference may be held | 26 |
| at a time after the 365 day limit.
Any party's failure to | 27 |
| attend the conference without good cause
shall result in | 28 |
| dismissal or default. The term "good cause"
shall
be | 29 |
| defined by rule promulgated by the Department. A notice of | 30 |
| dismissal or
default shall be issued by the Director and | 31 |
| shall notify the relevant
party that a request for review | 32 |
| may be filed in writing with the Chief Legal
Counsel of the | 33 |
| Department
within 30 days of receipt of notice of dismissal | 34 |
| or default.
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| (D) Report.
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| (1) Each charge shall be the
subject of a
report to the | 3 |
| Director. The report shall be a confidential document
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| subject to review by the Director, authorized Department | 5 |
| employees, the
parties, and, where indicated by this Act, | 6 |
| members of the Commission or
their designated hearing | 7 |
| officers.
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| (2) Upon review of the report, the Director shall | 9 |
| determine whether
there is substantial evidence that the | 10 |
| alleged civil rights violation
has been committed.
The | 11 |
| determination of substantial evidence is limited to | 12 |
| determining the need
for further consideration of the | 13 |
| charge pursuant to this Act
and includes, but is not | 14 |
| limited to, findings of fact and conclusions, as well
as | 15 |
| the reasons for the determinations on all material issues. | 16 |
| Substantial evidence is evidence which a reasonable mind | 17 |
| accepts
as sufficient to support a particular conclusion | 18 |
| and which consists of more
than a mere scintilla but may be | 19 |
| somewhat less than a preponderance.
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| (a) If the Director determines that there is no | 21 |
| substantial
evidence, the charge shall be dismissed by | 22 |
| order of the
Director and the
complainant notified
that | 23 |
| he or she may seek review of the dismissal order before | 24 |
| the
Chief Legal Counsel of the Department. The | 25 |
| complainant
shall have 30 days from receipt of
notice
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| to file a request for review by the Chief Legal Counsel | 27 |
| of the Department.
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| (b) If the Director determines that there is | 29 |
| substantial evidence,
he or she shall designate a | 30 |
| Department employee who is an attorney
licensed to | 31 |
| practice in Illinois to endeavor to eliminate the | 32 |
| effect of
the alleged civil rights violation and to | 33 |
| prevent its repetition by
means of conference and | 34 |
| conciliation.
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| (E) Conciliation.
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| (1) When the Department determines that a formal
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| conciliation conference is necessary, the complainant and | 4 |
| respondent
shall be notified of the time and place of the | 5 |
| conference by registered
or certified mail at least 10 days | 6 |
| prior thereto and either or both
parties shall appear at | 7 |
| the conference in person or by attorney.
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| (2) The place fixed for the conference shall be within | 9 |
| 35 miles of
the place where the civil rights violation is | 10 |
| alleged to have been
committed.
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| (3) Nothing occurring at the conference shall be | 12 |
| disclosed by the
Department unless
the complainant and | 13 |
| respondent agree in writing that
such disclosure be made.
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| (F) Complaint.
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| (1) When there is a failure to settle or adjust any
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| charge through conciliation, the Department shall prepare | 17 |
| a
written complaint, under oath or affirmation, stating the | 18 |
| nature of the
civil rights violation substantially as | 19 |
| alleged in the charge previously
filed and the relief | 20 |
| sought on behalf of the aggrieved party.
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| (2) The complaint shall be filed with the Commission.
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| (G) Time Limit.
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| (1) When a charge of a civil rights violation has been
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| properly filed, the Department, within 365
days thereof or | 25 |
| within any
extension of that period agreed to in writing by | 26 |
| all parties, shall
either issue and file a complaint in the | 27 |
| manner and form set forth in
this Section or shall order | 28 |
| that no complaint be issued and dismiss the
charge with | 29 |
| prejudice without any further right to proceed except in | 30 |
| cases in
which the order was procured by fraud or duress. | 31 |
| Any such order
shall be duly served upon both the | 32 |
| complainant and the respondent.
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| (2) Between 365 and 395 days after the charge is filed, | 34 |
| or such longer
period agreed to in writing by all parties, |
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| the
aggrieved party may file a complaint with the | 2 |
| Commission, if the Director
has not sooner issued a report | 3 |
| and determination pursuant to paragraphs
(D)(1)
and (D)(2) | 4 |
| of this Section.
The form of the complaint shall be in | 5 |
| accordance with the provisions of
paragraph (F). The | 6 |
| aggrieved party shall notify the Department that a
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| complaint
has been filed and shall serve a copy of the | 8 |
| complaint on the Department
on the same date that the | 9 |
| complaint is filed with the Commission.
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| (3) If an aggrieved party files a complaint
with the
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| Human Rights Commission pursuant to paragraph (2) of this | 12 |
| subsection, or if
the time period for filing a complaint | 13 |
| has expired, the
Department shall immediately cease its | 14 |
| investigation and
dismiss the charge of civil rights | 15 |
| violation.
Any final order entered by the Chief Legal | 16 |
| Counsel under this Section is
appealable in accordance with | 17 |
| paragraph (A)(1) of Section 8-111.
Failure to immediately | 18 |
| cease an investigation and dismiss the charge of civil
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| rights violation as provided in this paragraph
(3) | 20 |
| constitutes grounds for entry of an order by the circuit | 21 |
| court permanently
enjoining the
investigation. The | 22 |
| Department may also be liable for any
costs and other | 23 |
| damages incurred by the respondent as a result of the | 24 |
| action of
the Department.
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| (4) The Department shall stay any administrative | 26 |
| proceedings
under this Section after the filing of a civil | 27 |
| action by or on behalf of the
aggrieved party under any | 28 |
| federal or State law seeking relief with respect to
the
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| alleged civil rights violation.
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| (H) This amendatory Act of 1995 applies to causes of action | 31 |
| filed on or
after January 1, 1996.
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| (I) This amendatory Act of 1996 applies to causes of action | 33 |
| filed on or
after January 1, 1996.
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| (Source: P.A. 94-146, eff. 7-8-05; 94-326, eff. 7-26-05; |
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| revised 8-19-05.)".
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