Full Text of SB0220 101st General Assembly
SB0220ham003 101ST GENERAL ASSEMBLY | Rep. Anna Moeller Filed: 5/28/2019
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| 1 | | AMENDMENT TO SENATE BILL 220
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 220 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 7B-102, 8-101, and 10-103 as follows:
| 6 | | (775 ILCS 5/7B-102) (from Ch. 68, par. 7B-102)
| 7 | | Sec. 7B-102. Procedures.
| 8 | | (A) Charge.
| 9 | | (1) Within one year after the
date that a civil rights | 10 | | violation allegedly has been committed or terminated,
a | 11 | | charge in writing under oath or affirmation may be filed | 12 | | with the
Department by an aggrieved party or issued by the | 13 | | Department itself
under the signature of the Director.
| 14 | | (2) The charge shall be in such detail as to | 15 | | substantially apprise
any party properly concerned as to | 16 | | the time, place, and facts
surrounding the alleged civil |
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| 1 | | rights violation.
| 2 | | (B) Notice and Response to Charge.
| 3 | | (1) The Department shall serve
notice upon the | 4 | | aggrieved party acknowledging such charge and advising the
| 5 | | aggrieved party of the time limits and choice of forums | 6 | | provided under this
Act. The Department shall, within 10 | 7 | | days of the date on which the charge
was filed or the | 8 | | identification of an additional respondent under paragraph
| 9 | | (2) of this subsection, serve on the respondent a copy of | 10 | | the charge along with a notice
identifying the alleged | 11 | | civil rights violation and advising the
respondent of the | 12 | | procedural rights and obligations of respondents under
| 13 | | this Act and may require the respondent to file a response | 14 | | to
the allegations contained in the charge. Upon the | 15 | | Department's request, the respondent
shall file a response | 16 | | to the charge within 30 days and
shall serve a copy of its | 17 | | response on the complainant or his or her
representative. | 18 | | Notwithstanding
any request from the Department, the | 19 | | respondent may elect
to file a response to the charge | 20 | | within 30 days of receipt
of notice of the charge, provided | 21 | | the respondent serves a copy of its response on the | 22 | | complainant or his or her representative. All allegations | 23 | | contained in the charge
not denied by the respondent within | 24 | | 30 days after the Department's request for a response may | 25 | | be deemed admitted, unless the
respondent states that it is | 26 | | without sufficient information to
form a belief with |
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| 1 | | respect to such allegation. The Department may issue
a | 2 | | notice of default directed to any respondent who fails to | 3 | | file a
response to a charge within 30 days of the | 4 | | Department's request, unless the respondent can | 5 | | demonstrate good cause as
to why such notice should not | 6 | | issue. The term "good cause" shall be defined by rule | 7 | | promulgated by the Department. Within 10 days of the date | 8 | | he or she
receives the respondent's response, the | 9 | | complainant may file his or her reply to
said response. If | 10 | | he or she chooses to file a reply, the complainant shall | 11 | | serve
a copy of said reply on the respondent or his or her | 12 | | representative. A party may
supplement his or her response | 13 | | or reply at any time that
the investigation of the charge | 14 | | is pending.
| 15 | | (2) A person who is not named as a respondent in a | 16 | | charge, but who is
identified as a respondent in the course | 17 | | of investigation, may be joined as
an additional or | 18 | | substitute respondent upon written notice, under | 19 | | subsection
(B), to such person, from the Department.
Such | 20 | | notice, in addition to meeting the requirements of | 21 | | subsections (A)
and (B), shall explain the basis for the | 22 | | Department's belief that a person
to whom the notice is | 23 | | addressed is properly joined as a respondent.
| 24 | | (C) Investigation.
| 25 | | (1) The Department shall conduct a full investigation
| 26 | | of the allegations set forth in the charge and complete |
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| 1 | | such investigation
within 100 days after the filing of the | 2 | | charge, unless it is impracticable to
do so. The | 3 | | Department's failure to complete the investigation within | 4 | | 100 days after the proper filing of the charge does not | 5 | | deprive the Department of jurisdiction over the charge.
| 6 | | (2) If the Department is unable to complete the | 7 | | investigation within 100
days after the charge is filed, | 8 | | the Department shall notify the complainant
and respondent | 9 | | in writing of the reasons for not doing so.
| 10 | | (3) The Director or his or her designated | 11 | | representative shall have
authority to request any member | 12 | | of the Commission to issue subpoenas to
compel the | 13 | | attendance of a witness or the production for
examination | 14 | | of any books, records or documents whatsoever.
| 15 | | (4) If any witness whose testimony is required for any | 16 | | investigation
resides outside the State, or through | 17 | | illness or any other good cause as
determined by the | 18 | | Director is unable to be interviewed by the investigator
or | 19 | | appear at a fact finding conference, his or her testimony | 20 | | or deposition
may be taken, within or without the State, in | 21 | | the same manner as
provided for in the taking of | 22 | | depositions in civil cases in circuit courts.
| 23 | | (5) Upon reasonable notice to the complainant and the | 24 | | respondent,
the Department may shall conduct a fact finding | 25 | | conference , unless prior to
100 days from the date on which | 26 | | the charge was filed, the Director has
determined whether |
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| 1 | | there is substantial evidence that the alleged civil
rights | 2 | | violation has been committed or the parties voluntarily and | 3 | | in writing agree to waive the fact finding conference . When | 4 | | requested by the Department, a A party's failure to attend | 5 | | the
conference
without good cause may result in dismissal | 6 | | or default. A notice of dismissal
or default shall be | 7 | | issued by the Director and shall notify the relevant
party | 8 | | that a request for review may be filed in writing with the | 9 | | Commission
within 30 days of receipt of notice of dismissal | 10 | | or default.
| 11 | | (D) Report.
| 12 | | (1) Each charge investigated under subsection (C) | 13 | | shall be the subject of a
report to the Director. The | 14 | | report shall be a confidential document
subject to review | 15 | | by the Director, authorized Department employees, the
| 16 | | parties, and, where indicated by this Act, members of the | 17 | | Commission or
their designated hearing officers.
| 18 | | The report shall contain:
| 19 | | (a) the names and dates of contacts with witnesses;
| 20 | | (b) a summary and the date of correspondence and | 21 | | other contacts with the
aggrieved party and the | 22 | | respondent;
| 23 | | (c) a summary description of other pertinent | 24 | | records;
| 25 | | (d) a summary of witness statements; and
| 26 | | (e) answers to questionnaires.
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| 1 | | A final report under this paragraph may be amended if | 2 | | additional evidence
is later discovered.
| 3 | | (2) Upon review of the report and within 100 days of | 4 | | the filing of the
charge, unless it is impracticable
to do | 5 | | so, the Director shall determine whether there is | 6 | | substantial
evidence that the alleged civil rights | 7 | | violation has been committed or is
about to be committed.
| 8 | | If the Director is unable to make the determination within | 9 | | 100 days after
the filing of the charge, the Director shall | 10 | | notify the complainant and
respondent in writing of the | 11 | | reasons for not doing so. The Director's failure to make | 12 | | the determination within 100 days after the proper filing | 13 | | of the charge does not deprive the Department of | 14 | | jurisdiction over the charge.
| 15 | | (a) If the Director determines that there is no | 16 | | substantial
evidence, the charge shall be dismissed | 17 | | and the aggrieved party notified
that he or she may | 18 | | seek review of the dismissal order before the
| 19 | | Commission. The aggrieved party shall have 90 days from | 20 | | receipt of notice
to file a request for review by the | 21 | | Commission. The
Director shall make
public disclosure | 22 | | of each such dismissal.
| 23 | | (b) If the Director determines that there is | 24 | | substantial evidence, he or
she shall immediately | 25 | | issue a complaint on behalf of the aggrieved party
| 26 | | pursuant to subsection (F).
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| 1 | | (E) Conciliation.
| 2 | | (1) During the period beginning with the filing of
| 3 | | charge and ending with the filing of a complaint or a | 4 | | dismissal by the
Department, the Department shall, to the | 5 | | extent feasible, engage in
conciliation with respect to | 6 | | such charge.
| 7 | | When the Department determines that a formal
| 8 | | conciliation conference is feasible, the aggrieved party | 9 | | and respondent
shall be notified of the time and place of | 10 | | the conference by registered
or certified mail at least 7 | 11 | | days prior thereto and either or both
parties shall appear | 12 | | at the conference in person or by attorney.
| 13 | | (2) The place fixed for the conference shall be within | 14 | | 35 miles of
the place where the civil rights violation is | 15 | | alleged to have been
committed.
| 16 | | (3) Nothing occurring at the conference shall be made | 17 | | public or used as
evidence in a subsequent proceeding for | 18 | | the purpose of proving a violation
under this Act unless | 19 | | the complainant and respondent agree in writing that
such | 20 | | disclosure be made.
| 21 | | (4) A conciliation agreement arising out of such | 22 | | conciliation shall be
an agreement between the respondent | 23 | | and the complainant, and shall be
subject to approval by | 24 | | the Department and Commission.
| 25 | | (5) A conciliation agreement may provide for binding | 26 | | arbitration of the
dispute arising from the charge. Any |
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| 1 | | such arbitration that results from a
conciliation | 2 | | agreement may award appropriate relief, including monetary | 3 | | relief.
| 4 | | (6) Each conciliation agreement shall be made public | 5 | | unless the
complainant and respondent otherwise agree and | 6 | | the Department determines
that disclosure is not required | 7 | | to further the purpose of this Act.
| 8 | | (F) Complaint.
| 9 | | (1) When there is a failure to settle or adjust any
| 10 | | charge through a conciliation conference and the charge is | 11 | | not dismissed,
the Department shall prepare a
written | 12 | | complaint, under oath or affirmation, stating the nature of | 13 | | the
civil rights violation and the relief sought on behalf | 14 | | of the aggrieved
party. Such complaint shall be based on | 15 | | the final investigation report and
need not be limited to | 16 | | the facts or grounds alleged in the charge filed
under | 17 | | subsection (A).
| 18 | | (2) The complaint shall be filed with the Commission.
| 19 | | (3) The Department may not issue a complaint under this | 20 | | Section
regarding an alleged civil rights violation after | 21 | | the beginning of
the trial of a civil action commenced by | 22 | | the aggrieved party under any
State or federal law, seeking | 23 | | relief with respect to that alleged civil rights
violation.
| 24 | | (G) Time Limit.
| 25 | | (1) When a charge of a civil rights violation has been
| 26 | | properly filed, the Department, within 100 days thereof, |
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| 1 | | unless it is
impracticable to do so,
shall either issue and | 2 | | file a complaint in the manner and form set forth in
this | 3 | | Section or shall order that no complaint be issued. Any | 4 | | such order
shall be duly served upon both the aggrieved | 5 | | party and the respondent. The Department's failure to | 6 | | either issue and file a complaint or order that no | 7 | | complaint be issued within 100 days after the proper filing | 8 | | of the charge does not deprive the Department of | 9 | | jurisdiction over the charge.
| 10 | | (2) The Director shall make available to the aggrieved | 11 | | party
and the respondent, at any time, upon request | 12 | | following completion of the
Department's investigation, | 13 | | information derived from an investigation and
any final | 14 | | investigative report relating to that investigation.
| 15 | | (H) This amendatory Act of 1995 applies to causes of action | 16 | | filed on or
after
January 1, 1996.
| 17 | | (I) The changes made to this Section by Public Act 95-243 | 18 | | apply to charges filed on or
after the effective date of those | 19 | | changes. | 20 | | (J) The changes made to this Section by this amendatory Act | 21 | | of the 96th General Assembly apply to charges filed on or
after | 22 | | the effective date of those changes. | 23 | | (Source: P.A. 100-492, eff. 9-8-17; 100-1066, eff. 8-24-18.)
| 24 | | (775 ILCS 5/8-101) (from Ch. 68, par. 8-101)
| 25 | | Sec. 8-101. Illinois Human Rights Commission.
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| 1 | | (A) Creation; appointments. The Human Rights Commission is | 2 | | created to consist
of 7 members appointed by the Governor with | 3 | | the advice and consent of the
Senate. No more than 4 members | 4 | | shall be of the same political party. The
Governor shall | 5 | | designate one member as chairperson. All appointments shall
be | 6 | | in writing and filed with the Secretary of State as a public | 7 | | record.
| 8 | | (B) Terms. Of the members first appointed, 4 shall be | 9 | | appointed for a
term to expire on the third Monday of January, | 10 | | 2021, and 3 (including the
Chairperson) shall be appointed for | 11 | | a term to expire on the third Monday
of January, 2023.
| 12 | | Notwithstanding any provision of this Section to the | 13 | | contrary, the term
of office of each member of the Illinois | 14 | | Human Rights Commission is
abolished on January 19, 2019. | 15 | | Incumbent members holding a position on the Commission that was | 16 | | created by Public Act 84-115 and whose terms, if not for this | 17 | | amendatory Act of the 100th General Assembly, would have | 18 | | expired January 18, 2021 shall continue to exercise all of the | 19 | | powers and be
subject to all of the duties of members of the | 20 | | Commission until June 30, 2019 or until
their respective | 21 | | successors are appointed and qualified, whichever is earlier.
| 22 | | Thereafter, each member shall serve for a term of 4 years
| 23 | | and until his or her successor is appointed and qualified; | 24 | | except that any
member chosen to fill a vacancy occurring | 25 | | otherwise than by expiration of
a term shall be appointed only | 26 | | for the unexpired term of the member whom
he or she shall |
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| 1 | | succeed and until his or her successor is appointed and
| 2 | | qualified.
| 3 | | (C) Vacancies. | 4 | | (1) In the case of vacancies on the Commission during
a | 5 | | recess of the Senate, the Governor shall make a temporary | 6 | | appointment
until the next meeting of the Senate when he or | 7 | | she shall appoint a person
to fill the vacancy. Any person | 8 | | so nominated and confirmed by the Senate
shall hold office | 9 | | for the remainder of the term and until his or her | 10 | | successor
is appointed and qualified.
| 11 | | (2) If the Senate is not in session at the time this | 12 | | Act takes effect,
the Governor shall make temporary | 13 | | appointments to the Commission as in the
case of 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 members
| 18 | | of the Commission then in office shall constitute a quorum.
| 19 | | (D) Compensation. On and after January 19, 2019, the | 20 | | Chairperson of the Commission shall be compensated
at the rate | 21 | | of $125,000 per year, or as set by the Compensation Review
| 22 | | Board, whichever is greater, during his or her service as | 23 | | Chairperson,
and each other member shall be compensated at the | 24 | | rate of $119,000 per
year, or as set by the Compensation Review | 25 | | Board, whichever is greater.
In addition, all members of the | 26 | | Commission shall be reimbursed for expenses
actually and |
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| 1 | | necessarily incurred by them
in the performance of their | 2 | | duties.
| 3 | | (E) Notwithstanding the general supervisory authority of | 4 | | the Chairperson, each commissioner, unless appointed to the | 5 | | special temporary panel created under subsection (H), has the | 6 | | authority to hire and supervise a staff attorney. The staff | 7 | | attorney shall report directly to the individual commissioner. | 8 | | (F) A formal training program for newly appointed | 9 | | commissioners shall be implemented. The training program shall | 10 | | include the following: | 11 | | (1) substantive and procedural aspects of the office of | 12 | | commissioner; | 13 | | (2) current issues in employment and housing | 14 | | discrimination and public accommodation law and practice; | 15 | | (3) orientation to each operational unit of the
Human | 16 | | Rights Commission; | 17 | | (4) observation of experienced hearing officers and | 18 | | commissioners conducting hearings of cases, combined with | 19 | | the opportunity to discuss evidence presented and rulings | 20 | | made; | 21 | | (5) the use of hypothetical cases requiring the
newly | 22 | | appointed commissioner to issue judgments as a means of | 23 | | evaluating knowledge and writing ability; | 24 | | (6) writing skills; and | 25 | | (7) professional and ethical standards. | 26 | | A formal and ongoing professional development program |
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| 1 | | including, but not limited to, the above-noted areas shall be | 2 | | implemented to keep commissioners informed of recent | 3 | | developments and issues and to assist them in maintaining and | 4 | | enhancing their professional competence. Each commissioner | 5 | | shall complete 20 hours of training in the above-noted areas | 6 | | during every 2 years the commissioner remains in office. | 7 | | (G) Commissioners must meet one of the following | 8 | | qualifications: | 9 | | (1) licensed to practice law in the State of Illinois; | 10 | | (2) at least 3 years of experience as a hearing officer | 11 | | at the Human Rights Commission; or | 12 | | (3) at least 4 years of professional experience working | 13 | | for or dealing with individuals or corporations affected by | 14 | | this Act or similar laws in other jurisdictions, including, | 15 | | but not limited to, experience with a civil rights advocacy | 16 | | group, a fair housing group, a trade association, a union, | 17 | | a law firm, a legal aid organization, an employer's human | 18 | | resources department, an employment discrimination | 19 | | consulting firm, or a municipal human relations agency. | 20 | | The Governor's appointment message, filed with the | 21 | | Secretary of State and transmitted to the Senate, shall state | 22 | | specifically how the experience of a nominee for commissioner | 23 | | meets the requirement set forth in this subsection. The | 24 | | Chairperson must have public or private sector management and | 25 | | budget experience, as determined by the Governor. | 26 | | Each commissioner shall devote full time to his or her |
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| 1 | | duties and any commissioner who is an attorney shall not engage | 2 | | in the practice of law, nor shall any commissioner hold any | 3 | | other office or position of profit under the United States or | 4 | | this State or any municipal corporation or political | 5 | | subdivision of this State, nor engage in any other business, | 6 | | employment, or vocation. | 7 | | (H) Notwithstanding any other provision of this Act, the | 8 | | Governor shall appoint, by and with the consent of the Senate, | 9 | | a special temporary panel of commissioners comprised of 3 | 10 | | members. The members shall hold office until the Commission, in | 11 | | consultation with the Governor, determines that the caseload of | 12 | | requests for review has been reduced sufficiently to allow | 13 | | cases to proceed in a timely manner, or for a term of 18 months | 14 | | from the date of appointment by the Governor, whichever is | 15 | | earlier. Each of the 3 members shall have only such rights and | 16 | | powers of a commissioner necessary to dispose of the cases | 17 | | assigned to the special panel. Each of the 3 members appointed | 18 | | to the special panel shall receive the same salary as other | 19 | | commissioners for the duration of the panel. The panel shall | 20 | | have the authority to hire and supervise a staff attorney who | 21 | | shall report to the panel of commissioners. | 22 | | (Source: P.A. 99-642, eff. 7-28-16; 100-1066, eff. 8-24-18.)
| 23 | | (775 ILCS 5/10-103) (from Ch. 68, par. 10-103)
| 24 | | Sec. 10-103. Circuit Court Actions Pursuant To Election. | 25 | | (A) If an
election is made under Section 8B-102, the Department |
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| 1 | | shall authorize and
not later than 30 days after the entry of | 2 | | the administrative closure order by the Commission election is | 3 | | made the Attorney General
shall commence and maintain a civil | 4 | | action on behalf of the aggrieved
party in a circuit court of | 5 | | Illinois seeking relief under this Section.
Venue for such | 6 | | civil action shall be determined under Section 8-111(B)(6).
| 7 | | (B) Any aggrieved party with respect to the issues to be | 8 | | determined in
a civil action under this Section may intervene | 9 | | as of right in that civil action.
| 10 | | (C) In a civil action under this Section, if the court | 11 | | finds that a
civil rights violation
has occurred or is about to | 12 | | occur the court may grant as relief any relief
which a court | 13 | | could grant with respect to such civil rights violation
in a | 14 | | civil action under Section 10-102. Any relief so granted that
| 15 | | would accrue to an aggrieved party in a civil action commenced | 16 | | by that
aggrieved party under Section 10-102 shall also accrue | 17 | | to that aggrieved
party in a civil action under this Section. | 18 | | If monetary relief is
sought for the benefit of an aggrieved | 19 | | party who does not intervene in the
civil action, the court | 20 | | shall not award such relief if that aggrieved
party has not | 21 | | complied with discovery orders entered by the court.
| 22 | | (Source: P.A. 86-910.)".
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