Full Text of HB4562 99th General Assembly
HB4562 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 HB4562 Introduced , by Rep. Elizabeth Hernandez SYNOPSIS AS INTRODUCED: |
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775 ILCS 5/8B-104 | from Ch. 68, par. 8B-104 |
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Amends the Illinois Human Rights Act. Increases the amount of civil penalties for civil rights violations relating to real estate transactions as follows: (i) a maximum of $16,000 (instead of $10,000) if the respondent has not been
adjudged to have committed any prior civil rights violation concerning real estate transactions; (ii) a maximum of $42,500 (instead of $25,000) if the respondent has been
adjudged to have committed one other civil rights violation concerning real estate transactions during
the 5-year period ending on the date of the filing of the current charge; and (iii) a maximum of $70,000 (instead of $50,000) if the respondent has been
adjudged to have committed 2 or more civil rights violations concerning real estate transactions during the 7-year period ending on the date of the filing of the current charge.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| 1 | | AN ACT concerning human rights.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Human Rights Act is amended by | 5 | | changing Section 8B-104 as follows:
| 6 | | (775 ILCS 5/8B-104) (from Ch. 68, par. 8B-104)
| 7 | | Sec. 8B-104. Relief; Penalties. Upon finding a civil rights
| 8 | | violation, a hearing officer may recommend and the Commission | 9 | | or any
three-member panel thereof may provide for any relief or | 10 | | penalty
identified in this Section, separately or in | 11 | | combination, by entering an
order directing the respondent to:
| 12 | | (A) Cease and Desist Order. Cease and desist from any | 13 | | violation of
this Act.
| 14 | | (B) Actual Damages. Pay actual damages, as reasonably | 15 | | determined by
the Commission, for injury or loss suffered by | 16 | | the complainant.
| 17 | | (C) Civil Penalty. Pay a civil penalty to vindicate the | 18 | | public interest:
| 19 | | (i) in an amount not exceeding $16,000 $10,000 if the | 20 | | respondent has not been
adjudged to have committed any prior | 21 | | civil rights violation under Article 3;
| 22 | | (ii) in an amount not exceeding $42,500 $25,000 if the | 23 | | respondent has been
adjudged to have committed one other civil |
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| 1 | | rights violation under Article 3 during
the 5-year period | 2 | | ending on the date of the filing of this charge; and
| 3 | | (iii) in an amount not exceeding $70,000 $50,000 if the | 4 | | respondent has been
adjudged to have committed 2 or more civil | 5 | | rights violations under Article 3
during the 7-year period | 6 | | ending on the date of the filing of this charge;
except that if | 7 | | the acts constituting the civil rights violation
that is the | 8 | | object of the charge are committed by the same natural person
| 9 | | who has been previously adjudged to have committed acts | 10 | | constituting a
civil rights violation under Article 3, then the | 11 | | civil penalties set forth in
subparagraphs (ii) and (iii) may | 12 | | be imposed without regard to the period
of time within which | 13 | | any subsequent civil rights violation under Article 3 occurred.
| 14 | | (D) Attorney Fees; Costs. Pay to the complainant all or a | 15 | | portion
of the costs of maintaining the action, including | 16 | | reasonable attorneys
fees and expert witness fees incurred in | 17 | | maintaining this action before the
Department, the Commission | 18 | | and in any judicial review and judicial
enforcement | 19 | | proceedings.
| 20 | | (E) Compliance Report. Report as to the manner of | 21 | | compliance.
| 22 | | (F) Posting of Notices. Post notices in a conspicuous place | 23 | | which
the Commission may publish or cause to be published | 24 | | setting forth
requirements for compliance with this Act or | 25 | | other relevant information
which the Commission determines | 26 | | necessary to explain this Act.
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| 1 | | (G) Make Complainant Whole. Take such action as may be | 2 | | necessary to make
the individual complainant whole, including, | 3 | | but not limited to, awards of
interest on the complainant's | 4 | | actual damages from the date of the
civil rights violation.
| 5 | | (Source: P.A. 86-910.)
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