Full Text of HB0377 101st General Assembly
HB0377ham001 101ST GENERAL ASSEMBLY | Rep. Sam Yingling Adopted in House on Feb 25, 2020
| | 10100HB0377ham001 | | LRB101 03116 LNS 64600 a |
|
| 1 | | AMENDMENT TO HOUSE BILL 377
| 2 | | AMENDMENT NO. ______. Amend House Bill 377 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Human Rights Act is amended by | 5 | | changing Sections 7A-104, 8-105, 8-106.1, 8-111, 10-102, | 6 | | 10-103, and 10-104 as follows:
| 7 | | (775 ILCS 5/7A-104) (from Ch. 68, par. 7A-104)
| 8 | | Sec. 7A-104. Judicial Proceedings. (A) Temporary Relief. | 9 | | (1) At any
time after a charge is filed, the Department or | 10 | | complainant may petition the
appropriate court for temporary | 11 | | relief, pending final determination of
the proceedings under | 12 | | this Act, including an order or judgment restraining
the | 13 | | respondent from doing or causing any act which would render
| 14 | | ineffectual an order which the Commission may enter with | 15 | | respect to the
complainant. Whether it is brought by the | 16 | | Department or by the
complainant, the petition shall contain a |
| | | 10100HB0377ham001 | - 2 - | LRB101 03116 LNS 64600 a |
|
| 1 | | certification by the Director
that the particular matter | 2 | | presents exceptional circumstances in which
irreparable injury | 3 | | will result from a civil rights violation in the
absence of | 4 | | temporary relief.
| 5 | | (2) The petition shall be filed in the circuit court for | 6 | | the county
in which the respondent resides or transacts | 7 | | business or in which the
alleged violation took place, and the | 8 | | proceedings shall be governed by Part I of Article
XI of the | 9 | | "Code of Civil Procedure", as amended.
Except as provided in | 10 | | subsection (A) (3), the court may grant temporary
relief or a | 11 | | temporary restraining order as it deems just and proper.
| 12 | | (3) When the petition is based upon a civil rights | 13 | | violation as
defined in Article 3 of this Act, the relief or | 14 | | restraining order
entered by the court shall not exceed 5 days | 15 | | unless:
| 16 | | (a) A longer period is agreed to by the respondent; or
| 17 | | (b) The court finds that there is substantial evidence to
| 18 | | demonstrate that the respondent has engaged in unlawful | 19 | | discrimination.
| 20 | | (B) Expedited Proceedings. (1) A complainant or the | 21 | | Department at the request
of the complainant may at any time | 22 | | petition the circuit court for expedited
proceedings. Except as | 23 | | to causes the circuit court considers to be of greater
| 24 | | importance, consideration of petitions for expedited | 25 | | proceedings under
this subsection shall take precedence on the | 26 | | docket over all other causes
and be assigned for hearing at the |
| | | 10100HB0377ham001 | - 3 - | LRB101 03116 LNS 64600 a |
|
| 1 | | earliest practicable date and expedited
in every way.
| 2 | | (2) Venue for a petition filed under this subsection shall | 3 | | lie in the
county where the respondent resides or is found or | 4 | | where the alleged
violation was committed.
| 5 | | (3) Any petition filed by the complainant shall name the | 6 | | Department,
Commission and the respondent. Any petition filed | 7 | | by the Department, upon request of
the complainant, shall name | 8 | | the Commission and the respondent.
| 9 | | (4) If the circuit court determines that the complainant is | 10 | | likely to
die before the termination of the proceedings under | 11 | | this Act, it may order
the proceedings expedited. When an order | 12 | | for expedited proceedings is
issued, the processing of the | 13 | | complainant's charge by the Department and
Commission shall | 14 | | take precedence over all matters except older matters of
the | 15 | | same character. Where such order is issued, the Department, the
| 16 | | Commission, any panel of the Commission, or any Commission | 17 | | hearing officer shall be
authorized to shorten any time period, | 18 | | other than the filing period set by Section 7A-102(A)(1) 180 | 19 | | day charge filing
period set by this Act or by rule . If such an | 20 | | order is issued and the
complainant is before the Department, | 21 | | the Department shall immediately
appoint an investigator if an | 22 | | investigator has not been appointed and shall
in 90 days either | 23 | | file a complaint or order that no complaint be issued.
If the
| 24 | | Department fails to make a determination within 90 days the | 25 | | complainant
shall have 30 days to file his complaint with the | 26 | | Commission.
|
| | | 10100HB0377ham001 | - 4 - | LRB101 03116 LNS 64600 a |
|
| 1 | | (C) Enforcement of Commission Orders. When authorized by | 2 | | this Act,
the Department, at the request of the Commission, may | 3 | | take whatever action
may be authorized for the enforcement of | 4 | | Commission orders.
| 5 | | (Source: P.A. 86-910; 86-1028.)
| 6 | | (775 ILCS 5/8-105) (from Ch. 68, par. 8-105)
| 7 | | Sec. 8-105. Settlement.
| 8 | | (A) Approval.
| 9 | | (1) When a proposed settlement
is submitted by the | 10 | | Department, the Commission, through a panel of 3
members, | 11 | | shall determine whether to approve its terms and | 12 | | conditions.
| 13 | | (2) A settlement of any complaint and its underlying | 14 | | charge or charges
may be effectuated at any time upon | 15 | | agreement of the parties, with or without
the Commission's | 16 | | approval, and shall act as
a full and final resolution of | 17 | | the matter. If the parties desire that the
Commission | 18 | | retain jurisdiction over the matter for purposes of | 19 | | enforcing the
terms of the settlement, the terms shall be | 20 | | reduced to writing, signed by the
parties, and
submitted to
| 21 | | the Commission for approval. The Commission, through a | 22 | | panel of 3
members, shall determine whether to approve the | 23 | | settlement.
| 24 | | (3) Approval of the settlement shall be accomplished by | 25 | | an order, served
on the parties and the Department, in |
| | | 10100HB0377ham001 | - 5 - | LRB101 03116 LNS 64600 a |
|
| 1 | | accord with the written terms of the
settlement.
| 2 | | (B) Violation. When the Department files notice of a | 3 | | settlement order
violation, the Commission, through a panel of | 4 | | three members, may either
order the Department to seek | 5 | | enforcement of the settlement order pursuant
to paragraph (C) | 6 | | (B) of Section 8-111 or remand for any type of hearing as it
| 7 | | may deem necessary pursuant to paragraph (D) of Section 8A-103.
| 8 | | (C) Dismissal for Refusal to Accept Settlement Offer. The | 9 | | Commission
shall dismiss a complaint and the underlying charge | 10 | | or charges of
the
complaint if the Commission is satisfied | 11 | | that:
| 12 | | 1. the respondent has eliminated the effects of the | 13 | | civil rights
violation charged and taken steps to prevent | 14 | | repetition of the violation; or
| 15 | | 2. the respondent offers and the complainant declines | 16 | | to accept the terms
of
settlement that the Commission | 17 | | determines are sufficient to eliminate the
effect
of the | 18 | | civil rights violation charged and to prevent repetition of | 19 | | the
violation.
| 20 | | In determining whether the respondent has eliminated the | 21 | | effects
of the civil rights violation charged, or has offered | 22 | | terms of settlement
sufficient to eliminate same, the | 23 | | Commission shall consider the extent to
which the respondent | 24 | | has either fully provided, or reasonably offered by
way of | 25 | | terms of settlement, as the case may be, the relevant relief
| 26 | | available to the complainant under Section 8A-104 of this Act.
|
| | | 10100HB0377ham001 | - 6 - | LRB101 03116 LNS 64600 a |
|
| 1 | | At any time after the service of a complaint pursuant to | 2 | | Section 8A-102
of this Act, and prior to service of a decision | 3 | | prepared pursuant to
Section 8A-102(I), a respondent may move | 4 | | for a recommended
order dismissing
a complaint and the | 5 | | underlying charge or charges for complainant's refusal
to | 6 | | accept terms of settlement that are sufficient to eliminate the | 7 | | effects
of the civil rights violation charged in the complaint | 8 | | and to eliminate
repetition of the violation. Respondent's | 9 | | motion and complainant's reply, if
any, shall
comply with the | 10 | | requirements for summary decision set forth in Section
8-106.1 | 11 | | of this Act.
| 12 | | (D) This amendatory Act of 1996 applies to causes of action | 13 | | filed on or
after January 1, 1996.
| 14 | | (Source: P.A. 91-357, eff. 7-29-99.)
| 15 | | (775 ILCS 5/8-106.1) (from Ch. 68, par. 8-106.1)
| 16 | | Sec. 8-106.1. Summary Decision.
| 17 | | (1) At any time after the service of a
complaint and prior | 18 | | to service of a decision pursuant to Section 8A-102(I) or | 19 | | 8B-102(J) 8-106(I) ,
complainant or respondent may move with or | 20 | | without supporting affidavits
for a summary order in the moving | 21 | | party's favor as to all or any part of
the relief sought. A | 22 | | hearing officer may
not preclude the filing of said motion | 23 | | except within the 60-day period prior to
hearing on the merits | 24 | | of the complaint.
| 25 | | (2) Procedure. The non-moving party may file |
| | | 10100HB0377ham001 | - 7 - | LRB101 03116 LNS 64600 a |
|
| 1 | | counteraffidavits prior to
the time of the ruling on the | 2 | | motion. The hearing officer shall decide the
motion
without | 3 | | delay and shall grant it if the pleadings and affidavits, if | 4 | | any,
show that there is
no genuine issue as to any material | 5 | | fact and that the moving party is
entitled to a recommended | 6 | | order as a matter of law. The term "without delay"
shall be | 7 | | defined by rule promulgated by the Commission. An interim | 8 | | summary
recommended order, interlocutory in character, may be | 9 | | rendered on the issue
of liability alone although there is a | 10 | | genuine issue as to the relief to be
awarded.
| 11 | | (3) Affidavits or Motions Made in Bad Faith. If it appears | 12 | | to the
satisfaction of
the hearing officer at any time that any | 13 | | affidavit or motion presented pursuant
to
this Section is | 14 | | presented in bad faith or solely for the purpose of delay,
the | 15 | | hearing officer may recommend that the party employing the use | 16 | | of
affidavits for dilatory purposes shall pay to the
other | 17 | | party the amount of reasonable expenses incurred as a result of | 18 | | the
filing of the affidavit or motion, including reasonable | 19 | | attorney's fees.
| 20 | | (Source: P.A. 89-370, eff. 8-18-95.)
| 21 | | (775 ILCS 5/8-111) (from Ch. 68, par. 8-111)
| 22 | | Sec. 8-111. Court Proceedings.
| 23 | | (A) Civil Actions Commenced in Circuit Court. | 24 | | (1) Venue. Civil actions commenced in a circuit court | 25 | | pursuant to Section 7A-102 shall be commenced in the |
| | | 10100HB0377ham001 | - 8 - | LRB101 03116 LNS 64600 a |
|
| 1 | | circuit court in the county in which the civil rights | 2 | | violation was allegedly committed. | 3 | | (2) If a civil action is commenced in a circuit court, | 4 | | the form of the complaint shall be in accordance with the | 5 | | Code of Civil Procedure. | 6 | | (3) If a civil action is commenced in a circuit court | 7 | | under Section 7A-102, the plaintiff or defendant may demand | 8 | | trial by jury. | 9 | | (4) Remedies. Upon the finding of a civil rights | 10 | | violation, the circuit court or jury may award any of the | 11 | | remedies set forth in Section 8A-104. | 12 | | (B) Judicial Review. | 13 | | (1) Any
complainant or respondent may apply for and | 14 | | obtain judicial review of a
final order of the Commission | 15 | | entered under this Act by filing
a petition
for review in | 16 | | the Appellate Court within 35 days from the date that a | 17 | | copy of
the decision sought to be reviewed was served upon | 18 | | the party affected by the
decision.
If a 3-member panel or | 19 | | the full Commission finds that an interlocutory
order | 20 | | involves a question of law as to which there is substantial | 21 | | ground for
difference of opinion and that an immediate | 22 | | appeal from the order may
materially advance the ultimate | 23 | | termination of the litigation, any party may
petition the | 24 | | Appellate Court for permission to appeal the order. The | 25 | | procedure
for obtaining the required Commission findings | 26 | | and the permission of the
Appellate Court shall be governed |
| | | 10100HB0377ham001 | - 9 - | LRB101 03116 LNS 64600 a |
|
| 1 | | by Supreme Court Rule 308, except the
references to the | 2 | | "trial court" shall be understood as referring to the
| 3 | | Commission.
| 4 | | (2) In any proceeding brought for judicial review, the
| 5 | | Commission's findings
of fact shall be sustained unless the
| 6 | | court determines that such findings
are contrary to the | 7 | | manifest weight of the evidence.
| 8 | | (3) Venue. Proceedings for judicial review shall be | 9 | | commenced in the
appellate court for the district wherein | 10 | | the civil rights violation which is the subject of the | 11 | | Commission's order was
allegedly committed.
| 12 | | (C) Judicial Enforcement.
| 13 | | (1) When the Commission, at the instance of
the | 14 | | Department or an aggrieved party, concludes that any person | 15 | | has violated
a valid order of the Commission issued | 16 | | pursuant to this Act, and the violation
and its effects are | 17 | | not promptly corrected, the Commission, through a panel
of | 18 | | 3 members, shall order the Department to commence an action | 19 | | in the name
of the People of the State of Illinois by | 20 | | complaint, alleging the violation,
attaching a copy of the
| 21 | | order of the Commission and praying for the issuance of an | 22 | | order directing
such person, his or her or its officers, | 23 | | agents, servants, successors and
assigns to comply with the | 24 | | order of the Commission.
| 25 | | (2) An aggrieved party may file a complaint for | 26 | | enforcement of a valid
order of the Commission directly in |
| | | 10100HB0377ham001 | - 10 - | LRB101 03116 LNS 64600 a |
|
| 1 | | Circuit Court.
| 2 | | (3) Upon the commencement of an action filed under
| 3 | | paragraphs (1) or (2) of this subsection , (B) of this | 4 | | Section
the court shall have jurisdiction
over the | 5 | | proceedings and power to grant or refuse, in whole or in | 6 | | part,
the relief sought or impose such other remedy as the | 7 | | court may deem proper.
| 8 | | (4) The court may stay an order of the Commission in | 9 | | accordance with the
applicable Supreme Court rules, | 10 | | pending disposition of the proceedings.
| 11 | | (5) The court may punish for any violation of its order | 12 | | as in the
case of civil contempt.
| 13 | | (6) Venue. Proceedings for judicial enforcement of a | 14 | | Commission order
shall be commenced in the circuit court in | 15 | | the county wherein the civil
rights violation which is the | 16 | | subject of the Commission's order was committed.
| 17 | | (D) Limitation. Except as otherwise provided by law, no | 18 | | court of this
state shall have jurisdiction over the subject of | 19 | | an alleged civil rights
violation other than as set forth in | 20 | | this Act.
| 21 | | (E) This amendatory Act of 1996 applies to causes of action | 22 | | filed on or
after January 1, 1996.
| 23 | | (F) The changes made to this Section by this amendatory Act | 24 | | of the 95th General Assembly apply to charges or complaints | 25 | | filed with the Department or the Commission on or
after the | 26 | | effective date of those changes.
|
| | | 10100HB0377ham001 | - 11 - | LRB101 03116 LNS 64600 a |
|
| 1 | | (Source: P.A. 95-243, eff. 1-1-08.)
| 2 | | (775 ILCS 5/10-102) (from Ch. 68, par. 10-102)
| 3 | | Sec. 10-102. Court Actions. (A) Circuit Court Actions. (1) | 4 | | An
aggrieved party may commence a civil action in an | 5 | | appropriate Circuit
Court not later than 2 years after the | 6 | | occurrence or the termination of an
alleged civil rights | 7 | | violation or the breach of a conciliation or
settlement | 8 | | agreement entered into under this Act, whichever occurs last,
| 9 | | to obtain appropriate relief with respect to the alleged civil | 10 | | rights violation
or breach. Venue for such civil action shall | 11 | | be determined under Section 8-111 (A)(1) (B)(6) .
| 12 | | (2) The computation of such 2-year period shall not include | 13 | | any time
during which an administrative proceeding under this | 14 | | Act was pending with
respect to a complaint or charge under | 15 | | this Act based upon the alleged
civil rights violation. This | 16 | | paragraph does not apply to
actions arising from a breach of a | 17 | | conciliation or settlement agreement.
| 18 | | (3) An aggrieved party may commence a civil action under | 19 | | this
subsection whether or not a charge has been filed under | 20 | | Section 7B-102 and
without regard to the status of any such | 21 | | charge, however, if the Department or
local agency has obtained | 22 | | a conciliation or settlement agreement with the
consent of an | 23 | | aggrieved party, no action may be filed under this subsection
| 24 | | by such aggrieved party with respect to the alleged civil | 25 | | rights violation
practice which forms the basis for such |
| | | 10100HB0377ham001 | - 12 - | LRB101 03116 LNS 64600 a |
|
| 1 | | complaint except for the purpose of
enforcing the terms of such | 2 | | conciliation or settlement agreement.
| 3 | | (4) An aggrieved party shall not commence a civil action | 4 | | under this
subsection with respect to an alleged civil rights | 5 | | violation which
forms the basis of a complaint issued by the | 6 | | Department if a
hearing officer has commenced a hearing on the | 7 | | record under
Article 3 of this Act with respect to such | 8 | | complaint.
| 9 | | (B) Appointment of Attorney by Court. Upon application by a | 10 | | person
alleging a civil rights violation or a person against | 11 | | whom
the civil rights violation is alleged, if in the opinion | 12 | | of the court such
person is financially unable to bear the | 13 | | costs of such action, the court may:
| 14 | | (1) appoint an attorney for such person, any attorney so | 15 | | appointed may
petition for an award of attorneys fees pursuant | 16 | | to subsection (C)(2) of this Section; or
| 17 | | (2) authorize the commencement or continuation of a civil | 18 | | action under
subsection (A) without the payment of fees, costs, | 19 | | or security.
| 20 | | (C) Relief which may be granted. (1) In a civil action | 21 | | under
subsection (A) if the court finds that a civil rights | 22 | | violation
has occurred or is about to occur, the court may | 23 | | award to the plaintiff
actual and punitive damages, and may | 24 | | grant as relief, as the court deems
appropriate, any permanent | 25 | | or preliminary injunction, temporary restraining
order, or | 26 | | other order, including an order enjoining the defendant from
|
| | | 10100HB0377ham001 | - 13 - | LRB101 03116 LNS 64600 a |
|
| 1 | | engaging in such civil rights violation or ordering such | 2 | | affirmative action
as may be appropriate.
| 3 | | (2) In a civil action under subsection (A), the court, in | 4 | | its
discretion, may allow the prevailing party, other than the | 5 | | State of
Illinois, reasonable attorneys fees and costs.
The | 6 | | State of Illinois shall be liable for such fees and costs to | 7 | | the same
extent as a private person.
| 8 | | (D) Intervention By The Department. The Attorney General of | 9 | | Illinois
may intervene on behalf of the Department if the | 10 | | Department certifies that
the case is of general public | 11 | | importance. Upon such intervention the court
may award such | 12 | | relief as is authorized to be granted to a plaintiff in a
civil | 13 | | action under Section 10-102(C).
| 14 | | (Source: P.A. 86-910.)
| 15 | | (775 ILCS 5/10-103) (from Ch. 68, par. 10-103)
| 16 | | (Text of Section before amendment by P.A. 101-530 )
| 17 | | Sec. 10-103. Circuit court actions pursuant to election. | 18 | | (A) If an
election is made under Section 8B-102, the | 19 | | Department shall authorize and
not later than 30 days after the | 20 | | election is made the Attorney General
shall commence and | 21 | | maintain a civil action on behalf of the aggrieved
party in a | 22 | | circuit court of Illinois seeking relief under this Section.
| 23 | | Venue for such civil action shall be determined under Section | 24 | | 8-111 (A)(1) (B)(6) .
| 25 | | (B) Any aggrieved party with respect to the issues to be |
| | | 10100HB0377ham001 | - 14 - | LRB101 03116 LNS 64600 a |
|
| 1 | | determined in
a civil action under this Section may intervene | 2 | | as of right in that civil action.
| 3 | | (C) In a civil action under this Section, if the court | 4 | | finds that a
civil rights violation
has occurred or is about to | 5 | | occur the court may grant as relief any relief
which a court | 6 | | could grant with respect to such civil rights violation
in a | 7 | | civil action under Section 10-102. Any relief so granted that
| 8 | | would accrue to an aggrieved party in a civil action commenced | 9 | | by that
aggrieved party under Section 10-102 shall also accrue | 10 | | to that aggrieved
party in a civil action under this Section. | 11 | | If monetary relief is
sought for the benefit of an aggrieved | 12 | | party who does not intervene in the
civil action, the court | 13 | | shall not award such relief if that aggrieved
party has not | 14 | | complied with discovery orders entered by the court.
| 15 | | (Source: P.A. 86-910.)
| 16 | | (Text of Section after amendment by P.A. 101-530 )
| 17 | | Sec. 10-103. Circuit court actions pursuant to election. | 18 | | (A) If an
election is made under Section 8B-102, the | 19 | | Department shall authorize and
not later than 30 days after the | 20 | | entry of the administrative closure order by the Commission the | 21 | | Attorney General
shall commence and maintain a civil action on | 22 | | behalf of the aggrieved
party in a circuit court of Illinois | 23 | | seeking relief under this Section.
Venue for such civil action | 24 | | shall be determined under Section 8-111 (A)(1) (B)(6) .
| 25 | | (B) Any aggrieved party with respect to the issues to be |
| | | 10100HB0377ham001 | - 15 - | LRB101 03116 LNS 64600 a |
|
| 1 | | determined in
a civil action under this Section may intervene | 2 | | as of right in that civil action.
| 3 | | (C) In a civil action under this Section, if the court | 4 | | finds that a
civil rights violation
has occurred or is about to | 5 | | occur the court may grant as relief any relief
which a court | 6 | | could grant with respect to such civil rights violation
in a | 7 | | civil action under Section 10-102. Any relief so granted that
| 8 | | would accrue to an aggrieved party in a civil action commenced | 9 | | by that
aggrieved party under Section 10-102 shall also accrue | 10 | | to that aggrieved
party in a civil action under this Section. | 11 | | If monetary relief is
sought for the benefit of an aggrieved | 12 | | party who does not intervene in the
civil action, the court | 13 | | shall not award such relief if that aggrieved
party has not | 14 | | complied with discovery orders entered by the court.
| 15 | | (Source: P.A. 101-530, eff. 1-1-20.)
| 16 | | (775 ILCS 5/10-104) | 17 | | Sec. 10-104. Circuit Court Actions by the Illinois Attorney | 18 | | General. | 19 | | (A) Standing, venue, limitations on actions, preliminary | 20 | | investigations, notice, and Assurance of Voluntary Compliance. | 21 | | (1) Whenever the Illinois Attorney General has | 22 | | reasonable cause to believe that any person or group of | 23 | | persons is engaged in a pattern and practice of | 24 | | discrimination prohibited by this Act, the Illinois | 25 | | Attorney General may commence a civil action in the name of |
| | | 10100HB0377ham001 | - 16 - | LRB101 03116 LNS 64600 a |
|
| 1 | | the People of the State, as parens patriae on behalf of | 2 | | persons within the State to enforce the provisions of this | 3 | | Act in any appropriate circuit court. Venue for this civil | 4 | | action shall be determined under paragraph (1) (6) of | 5 | | subsection (A) (C) of Section 8-111. Such actions shall be | 6 | | commenced no later than 2 years after the occurrence or the | 7 | | termination of an alleged civil rights violation or the | 8 | | breach of a conciliation agreement or Assurance of | 9 | | Voluntary Compliance entered into under this Act, | 10 | | whichever occurs last, to obtain relief with respect to the | 11 | | alleged civil rights violation or breach. | 12 | | (2) Prior to initiating a civil action, the Attorney | 13 | | General shall conduct a preliminary investigation to | 14 | | determine whether there is reasonable cause to believe that | 15 | | any person or group of persons is engaged in a pattern and | 16 | | practice of discrimination declared unlawful by this Act | 17 | | and whether the dispute can be resolved without litigation. | 18 | | In conducting this investigation, the Attorney General | 19 | | may: | 20 | | (a) require the individual or entity to file a | 21 | | statement or report in writing under oath or otherwise, | 22 | | as to all information the Attorney General may consider | 23 | | necessary; | 24 | | (b) examine under oath any person alleged to have | 25 | | participated in or with knowledge of the alleged | 26 | | pattern and practice violation; or |
| | | 10100HB0377ham001 | - 17 - | LRB101 03116 LNS 64600 a |
|
| 1 | | (c) issue subpoenas or conduct hearings in aid of | 2 | | any investigation. | 3 | | (3) Service by the Attorney General of any notice | 4 | | requiring a person to file a statement or report, or of a | 5 | | subpoena upon any person, shall be made: | 6 | | (a) personally by delivery of a duly executed copy | 7 | | thereof to the person to be served or, if a person is | 8 | | not a natural person, in the manner provided in the | 9 | | Code of Civil Procedure when a complaint is filed; or | 10 | | (b) by mailing by certified mail a duly executed | 11 | | copy thereof to the person to be served at his or her | 12 | | last known abode or principal place of business within | 13 | | this State. | 14 | | (4) In lieu of a civil action, the individual or entity | 15 | | alleged to have engaged in a pattern or practice of | 16 | | discrimination deemed violative of this Act may enter into | 17 | | an Assurance of Voluntary Compliance with respect to the | 18 | | alleged pattern or practice violation. | 19 | | (5) The Illinois Attorney General may commence a civil | 20 | | action under this subsection (A) whether or not a charge | 21 | | has been filed under Sections 7A-102 or 7B-102 and without | 22 | | regard to the status of any charge, however, if the | 23 | | Department or local agency has obtained a conciliation or | 24 | | settlement agreement or if the parties have entered into an | 25 | | Assurance of Voluntary Compliance no action may be filed | 26 | | under this subsection (A) with respect to the alleged civil |
| | | 10100HB0377ham001 | - 18 - | LRB101 03116 LNS 64600 a |
|
| 1 | | rights violation practice that forms the basis for the | 2 | | complaint except for the purpose of enforcing the terms of | 3 | | the conciliation or settlement agreement or the terms of | 4 | | the Assurance of Voluntary Compliance. | 5 | | (6) Subpoenas. | 6 | | (a) Petition for enforcement. Whenever any person | 7 | | fails to comply with any subpoena issued under | 8 | | paragraph (2) of this subsection (A), or whenever | 9 | | satisfactory copying or reproduction of any material | 10 | | requested in an investigation cannot be done and the | 11 | | person refuses to surrender the material, the Attorney | 12 | | General may file in any appropriate circuit court, and | 13 | | serve upon the person, a petition for a court order for | 14 | | the enforcement of the subpoena or other request. Venue | 15 | | for this enforcement action shall be determined under | 16 | | paragraph (E)(1) (C)(6) of Section 8-104 8-111 . | 17 | | (b) Petition to modify or set aside a subpoena. | 18 | | (i) Any person who has received a subpoena | 19 | | issued under paragraph (2) of this subsection (A) | 20 | | may file in the appropriate circuit court, and | 21 | | serve upon the Attorney General, a petition for a | 22 | | court order to modify or set aside the subpoena or | 23 | | other request. The petition must be filed either | 24 | | (I) within 20 days after the date of service of the | 25 | | subpoena or at any time before the return date | 26 | | specified in the subpoena, whichever date is |
| | | 10100HB0377ham001 | - 19 - | LRB101 03116 LNS 64600 a |
|
| 1 | | earlier, or (II) within such longer period as may | 2 | | be prescribed in writing by the Attorney General. | 3 | | (ii) The petition shall specify each ground | 4 | | upon which the petitioner relies in seeking relief | 5 | | under subdivision (i) and may be based upon any | 6 | | failure of the subpoena to comply with the | 7 | | provisions of this Section or upon any | 8 | | constitutional or other legal right or privilege | 9 | | of the petitioner. During the pendency of the | 10 | | petition in the court, the court may stay, as it | 11 | | deems proper, the running of the time allowed for | 12 | | compliance with the subpoena or other request, in | 13 | | whole or in part, except that the petitioner shall | 14 | | comply with any portion of the subpoena or other | 15 | | request not sought to be modified or set aside. | 16 | | (c) Jurisdiction. Whenever any petition is filed | 17 | | in any circuit court under this paragraph (6), the | 18 | | court shall have jurisdiction to hear and determine the | 19 | | matter so presented and to enter such orders as may be | 20 | | required to carry out the provisions of this Section. | 21 | | Any final order so entered shall be subject to appeal | 22 | | in the same manner as appeals of other final orders in | 23 | | civil matters. Any disobedience of any final order | 24 | | entered under this paragraph (6) by any court shall be | 25 | | punished as a contempt of the court. | 26 | | (B) Relief which may be granted. |
| | | 10100HB0377ham001 | - 20 - | LRB101 03116 LNS 64600 a |
|
| 1 | | (1) In any civil action brought pursuant to subsection | 2 | | (A) of this Section, the Attorney General may obtain as a | 3 | | remedy, equitable relief (including any permanent or | 4 | | preliminary injunction, temporary restraining order, or | 5 | | other order, including an order enjoining the defendant | 6 | | from engaging in such civil rights violation or ordering | 7 | | any action as may be appropriate). In addition, the | 8 | | Attorney General may request and the Court may impose a | 9 | | civil penalty to vindicate the public interest: | 10 | | (a) for violations of Article 3 and Article 4 in an | 11 | | amount not exceeding $25,000 per violation, and in the | 12 | | case of violations of all other Articles in an amount | 13 | | not exceeding $10,000 if the defendant has not been | 14 | | adjudged to have committed any prior civil rights | 15 | | violations under the provision of the Act that is the | 16 | | basis of the complaint; | 17 | | (b) for violations of Article 3 and Article 4 in an | 18 | | amount not exceeding $50,000 per violation, and in the | 19 | | case of violations of all other Articles in an amount | 20 | | not exceeding $25,000 if the defendant has been | 21 | | adjudged to have committed one other civil rights | 22 | | violation under the provision of the Act within 5 years | 23 | | of the occurrence of the civil rights violation that is | 24 | | the basis of the complaint; and | 25 | | (c) for violations of Article 3 and Article 4 in an | 26 | | amount not exceeding $75,000 per violation, and in the |
| | | 10100HB0377ham001 | - 21 - | LRB101 03116 LNS 64600 a |
|
| 1 | | case of violations of all other Articles in an amount | 2 | | not exceeding $50,000 if the defendant has been | 3 | | adjudged to have committed 2 or more civil rights | 4 | | violations under the provision of the Act within 5 | 5 | | years of the occurrence of the civil rights violation | 6 | | that is the basis of the complaint. | 7 | | (2) A civil penalty imposed under subdivision (B)(1) of | 8 | | this Section shall be deposited into the Attorney General | 9 | | Court Ordered and Voluntary Compliance Payment Projects | 10 | | Fund, which is a special fund in the State Treasury. Moneys | 11 | | in the Fund shall be used, subject to appropriation, for | 12 | | the performance of any function pertaining to the exercise | 13 | | of the duties of the Attorney General including but not | 14 | | limited to enforcement of any law of this State and | 15 | | conducting public education programs; however, any moneys | 16 | | in the Fund that are required by the court or by an | 17 | | agreement to be used for a particular purpose shall be used | 18 | | for that purpose. | 19 | | (3) Aggrieved parties seeking actual damages must | 20 | | follow the procedure set out in Sections 7A-102 or 7B-102 | 21 | | for filing a charge.
| 22 | | (Source: P.A. 97-1032, eff. 1-1-13.)
| 23 | | Section 95. No acceleration or delay. Where this Act makes | 24 | | changes in a statute that is represented in this Act by text | 25 | | that is not yet or no longer in effect (for example, a Section |
| | | 10100HB0377ham001 | - 22 - | LRB101 03116 LNS 64600 a |
|
| 1 | | represented by multiple versions), the use of that text does | 2 | | not accelerate or delay the taking effect of (i) the changes | 3 | | made by this Act or (ii) provisions derived from any other | 4 | | Public Act.". | 5 | | Section 999. Effective date. This Act takes effect upon | 6 | | becoming law.".
|
|