| ||||
Public Act 103-0859 | ||||
| ||||
AN ACT concerning civil law. | ||||
Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly: | ||||
Section 3. The Freedom of Information Act is amended by | ||||
changing Section 7.5 as follows: | ||||
(5 ILCS 140/7.5) | ||||
(Text of Section before amendment by P.A. 103-472 ) | ||||
Sec. 7.5. Statutory exemptions. To the extent provided for | ||||
by the statutes referenced below, the following shall be | ||||
exempt from inspection and copying: | ||||
(a) All information determined to be confidential | ||||
under Section 4002 of the Technology Advancement and | ||||
Development Act. | ||||
(b) Library circulation and order records identifying | ||||
library users with specific materials under the Library | ||||
Records Confidentiality Act. | ||||
(c) Applications, related documents, and medical | ||||
records received by the Experimental Organ Transplantation | ||||
Procedures Board and any and all documents or other | ||||
records prepared by the Experimental Organ Transplantation | ||||
Procedures Board or its staff relating to applications it | ||||
has received. | ||||
(d) Information and records held by the Department of |
Public Health and its authorized representatives relating | ||
to known or suspected cases of sexually transmissible | ||
disease or any information the disclosure of which is | ||
restricted under the Illinois Sexually Transmissible | ||
Disease Control Act. | ||
(e) Information the disclosure of which is exempted | ||
under Section 30 of the Radon Industry Licensing Act. | ||
(f) Firm performance evaluations under Section 55 of | ||
the Architectural, Engineering, and Land Surveying | ||
Qualifications Based Selection Act. | ||
(g) Information the disclosure of which is restricted | ||
and exempted under Section 50 of the Illinois Prepaid | ||
Tuition Act. | ||
(h) Information the disclosure of which is exempted | ||
under the State Officials and Employees Ethics Act, and | ||
records of any lawfully created State or local inspector | ||
general's office that would be exempt if created or | ||
obtained by an Executive Inspector General's office under | ||
that Act. | ||
(i) Information contained in a local emergency energy | ||
plan submitted to a municipality in accordance with a | ||
local emergency energy plan ordinance that is adopted | ||
under Section 11-21.5-5 of the Illinois Municipal Code. | ||
(j) Information and data concerning the distribution | ||
of surcharge moneys collected and remitted by carriers | ||
under the Emergency Telephone System Act. |
(k) Law enforcement officer identification information | ||
or driver identification information compiled by a law | ||
enforcement agency or the Department of Transportation | ||
under Section 11-212 of the Illinois Vehicle Code. | ||
(l) Records and information provided to a residential | ||
health care facility resident sexual assault and death | ||
review team or the Executive Council under the Abuse | ||
Prevention Review Team Act. | ||
(m) Information provided to the predatory lending | ||
database created pursuant to Article 3 of the Residential | ||
Real Property Disclosure Act, except to the extent | ||
authorized under that Article. | ||
(n) Defense budgets and petitions for certification of | ||
compensation and expenses for court appointed trial | ||
counsel as provided under Sections 10 and 15 of the | ||
Capital Crimes Litigation Act (repealed) . This subsection | ||
(n) shall apply until the conclusion of the trial of the | ||
case, even if the prosecution chooses not to pursue the | ||
death penalty prior to trial or sentencing. | ||
(o) Information that is prohibited from being | ||
disclosed under Section 4 of the Illinois Health and | ||
Hazardous Substances Registry Act. | ||
(p) Security portions of system safety program plans, | ||
investigation reports, surveys, schedules, lists, data, or | ||
information compiled, collected, or prepared by or for the | ||
Department of Transportation under Sections 2705-300 and |
2705-616 of the Department of Transportation Law of the | ||
Civil Administrative Code of Illinois, the Regional | ||
Transportation Authority under Section 2.11 of the | ||
Regional Transportation Authority Act, or the St. Clair | ||
County Transit District under the Bi-State Transit Safety | ||
Act (repealed) . | ||
(q) Information prohibited from being disclosed by the | ||
Personnel Record Review Act. | ||
(r) Information prohibited from being disclosed by the | ||
Illinois School Student Records Act. | ||
(s) Information the disclosure of which is restricted | ||
under Section 5-108 of the Public Utilities Act. | ||
(t) (Blank). | ||
(u) Records and information provided to an independent | ||
team of experts under the Developmental Disability and | ||
Mental Health Safety Act (also known as Brian's Law). | ||
(v) Names and information of people who have applied | ||
for or received Firearm Owner's Identification Cards under | ||
the Firearm Owners Identification Card Act or applied for | ||
or received a concealed carry license under the Firearm | ||
Concealed Carry Act, unless otherwise authorized by the | ||
Firearm Concealed Carry Act; and databases under the | ||
Firearm Concealed Carry Act, records of the Concealed | ||
Carry Licensing Review Board under the Firearm Concealed | ||
Carry Act, and law enforcement agency objections under the | ||
Firearm Concealed Carry Act. |
(v-5) Records of the Firearm Owner's Identification | ||
Card Review Board that are exempted from disclosure under | ||
Section 10 of the Firearm Owners Identification Card Act. | ||
(w) Personally identifiable information which is | ||
exempted from disclosure under subsection (g) of Section | ||
19.1 of the Toll Highway Act. | ||
(x) Information which is exempted from disclosure | ||
under Section 5-1014.3 of the Counties Code or Section | ||
8-11-21 of the Illinois Municipal Code. | ||
(y) Confidential information under the Adult | ||
Protective Services Act and its predecessor enabling | ||
statute, the Elder Abuse and Neglect Act, including | ||
information about the identity and administrative finding | ||
against any caregiver of a verified and substantiated | ||
decision of abuse, neglect, or financial exploitation of | ||
an eligible adult maintained in the Registry established | ||
under Section 7.5 of the Adult Protective Services Act. | ||
(z) Records and information provided to a fatality | ||
review team or the Illinois Fatality Review Team Advisory | ||
Council under Section 15 of the Adult Protective Services | ||
Act. | ||
(aa) Information which is exempted from disclosure | ||
under Section 2.37 of the Wildlife Code. | ||
(bb) Information which is or was prohibited from | ||
disclosure by the Juvenile Court Act of 1987. | ||
(cc) Recordings made under the Law Enforcement |
Officer-Worn Body Camera Act, except to the extent | ||
authorized under that Act. | ||
(dd) Information that is prohibited from being | ||
disclosed under Section 45 of the Condominium and Common | ||
Interest Community Ombudsperson Act. | ||
(ee) Information that is exempted from disclosure | ||
under Section 30.1 of the Pharmacy Practice Act. | ||
(ff) Information that is exempted from disclosure | ||
under the Revised Uniform Unclaimed Property Act. | ||
(gg) Information that is prohibited from being | ||
disclosed under Section 7-603.5 of the Illinois Vehicle | ||
Code. | ||
(hh) Records that are exempt from disclosure under | ||
Section 1A-16.7 of the Election Code. | ||
(ii) Information which is exempted from disclosure | ||
under Section 2505-800 of the Department of Revenue Law of | ||
the Civil Administrative Code of Illinois. | ||
(jj) Information and reports that are required to be | ||
submitted to the Department of Labor by registering day | ||
and temporary labor service agencies but are exempt from | ||
disclosure under subsection (a-1) of Section 45 of the Day | ||
and Temporary Labor Services Act. | ||
(kk) Information prohibited from disclosure under the | ||
Seizure and Forfeiture Reporting Act. | ||
(ll) Information the disclosure of which is restricted | ||
and exempted under Section 5-30.8 of the Illinois Public |
Aid Code. | ||
(mm) Records that are exempt from disclosure under | ||
Section 4.2 of the Crime Victims Compensation Act. | ||
(nn) Information that is exempt from disclosure under | ||
Section 70 of the Higher Education Student Assistance Act. | ||
(oo) Communications, notes, records, and reports | ||
arising out of a peer support counseling session | ||
prohibited from disclosure under the First Responders | ||
Suicide Prevention Act. | ||
(pp) Names and all identifying information relating to | ||
an employee of an emergency services provider or law | ||
enforcement agency under the First Responders Suicide | ||
Prevention Act. | ||
(qq) Information and records held by the Department of | ||
Public Health and its authorized representatives collected | ||
under the Reproductive Health Act. | ||
(rr) Information that is exempt from disclosure under | ||
the Cannabis Regulation and Tax Act. | ||
(ss) Data reported by an employer to the Department of | ||
Human Rights pursuant to Section 2-108 of the Illinois | ||
Human Rights Act. | ||
(tt) Recordings made under the Children's Advocacy | ||
Center Act, except to the extent authorized under that | ||
Act. | ||
(uu) Information that is exempt from disclosure under | ||
Section 50 of the Sexual Assault Evidence Submission Act. |
(vv) Information that is exempt from disclosure under | ||
subsections (f) and (j) of Section 5-36 of the Illinois | ||
Public Aid Code. | ||
(ww) Information that is exempt from disclosure under | ||
Section 16.8 of the State Treasurer Act. | ||
(xx) Information that is exempt from disclosure or | ||
information that shall not be made public under the | ||
Illinois Insurance Code. | ||
(yy) Information prohibited from being disclosed under | ||
the Illinois Educational Labor Relations Act. | ||
(zz) Information prohibited from being disclosed under | ||
the Illinois Public Labor Relations Act. | ||
(aaa) Information prohibited from being disclosed | ||
under Section 1-167 of the Illinois Pension Code. | ||
(bbb) Information that is prohibited from disclosure | ||
by the Illinois Police Training Act and the Illinois State | ||
Police Act. | ||
(ccc) Records exempt from disclosure under Section | ||
2605-304 of the Illinois State Police Law of the Civil | ||
Administrative Code of Illinois. | ||
(ddd) Information prohibited from being disclosed | ||
under Section 35 of the Address Confidentiality for | ||
Victims of Domestic Violence, Sexual Assault, Human | ||
Trafficking, or Stalking Act. | ||
(eee) Information prohibited from being disclosed | ||
under subsection (b) of Section 75 of the Domestic |
Violence Fatality Review Act. | ||
(fff) Images from cameras under the Expressway Camera | ||
Act. This subsection (fff) is inoperative on and after | ||
July 1, 2025. | ||
(ggg) Information prohibited from disclosure under | ||
paragraph (3) of subsection (a) of Section 14 of the Nurse | ||
Agency Licensing Act. | ||
(hhh) Information submitted to the Illinois State | ||
Police in an affidavit or application for an assault | ||
weapon endorsement, assault weapon attachment endorsement, | ||
.50 caliber rifle endorsement, or .50 caliber cartridge | ||
endorsement under the Firearm Owners Identification Card | ||
Act. | ||
(iii) Data exempt from disclosure under Section 50 of | ||
the School Safety Drill Act. | ||
(jjj) (hhh) Information exempt from disclosure under | ||
Section 30 of the Insurance Data Security Law. | ||
(kkk) (iii) Confidential business information | ||
prohibited from disclosure under Section 45 of the Paint | ||
Stewardship Act. | ||
(lll) (Reserved). | ||
(mmm) (iii) Information prohibited from being | ||
disclosed under subsection (e) of Section 1-129 of the | ||
Illinois Power Agency Act. | ||
(nnn) Information that is exempt from disclosure under | ||
Section 7-101 of the Illinois Human Rights Act. |
(Source: P.A. 102-36, eff. 6-25-21; 102-237, eff. 1-1-22; | ||
102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff. | ||
8-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22; | ||
102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff. | ||
6-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372, | ||
eff. 1-1-24; 103-508, eff. 8-4-23; 103-580, eff. 12-8-23; | ||
revised 1-2-24.) | ||
(Text of Section after amendment by P.A. 103-472 ) | ||
Sec. 7.5. Statutory exemptions. To the extent provided for | ||
by the statutes referenced below, the following shall be | ||
exempt from inspection and copying: | ||
(a) All information determined to be confidential | ||
under Section 4002 of the Technology Advancement and | ||
Development Act. | ||
(b) Library circulation and order records identifying | ||
library users with specific materials under the Library | ||
Records Confidentiality Act. | ||
(c) Applications, related documents, and medical | ||
records received by the Experimental Organ Transplantation | ||
Procedures Board and any and all documents or other | ||
records prepared by the Experimental Organ Transplantation | ||
Procedures Board or its staff relating to applications it | ||
has received. | ||
(d) Information and records held by the Department of | ||
Public Health and its authorized representatives relating |
to known or suspected cases of sexually transmissible | ||
disease or any information the disclosure of which is | ||
restricted under the Illinois Sexually Transmissible | ||
Disease Control Act. | ||
(e) Information the disclosure of which is exempted | ||
under Section 30 of the Radon Industry Licensing Act. | ||
(f) Firm performance evaluations under Section 55 of | ||
the Architectural, Engineering, and Land Surveying | ||
Qualifications Based Selection Act. | ||
(g) Information the disclosure of which is restricted | ||
and exempted under Section 50 of the Illinois Prepaid | ||
Tuition Act. | ||
(h) Information the disclosure of which is exempted | ||
under the State Officials and Employees Ethics Act, and | ||
records of any lawfully created State or local inspector | ||
general's office that would be exempt if created or | ||
obtained by an Executive Inspector General's office under | ||
that Act. | ||
(i) Information contained in a local emergency energy | ||
plan submitted to a municipality in accordance with a | ||
local emergency energy plan ordinance that is adopted | ||
under Section 11-21.5-5 of the Illinois Municipal Code. | ||
(j) Information and data concerning the distribution | ||
of surcharge moneys collected and remitted by carriers | ||
under the Emergency Telephone System Act. | ||
(k) Law enforcement officer identification information |
or driver identification information compiled by a law | ||
enforcement agency or the Department of Transportation | ||
under Section 11-212 of the Illinois Vehicle Code. | ||
(l) Records and information provided to a residential | ||
health care facility resident sexual assault and death | ||
review team or the Executive Council under the Abuse | ||
Prevention Review Team Act. | ||
(m) Information provided to the predatory lending | ||
database created pursuant to Article 3 of the Residential | ||
Real Property Disclosure Act, except to the extent | ||
authorized under that Article. | ||
(n) Defense budgets and petitions for certification of | ||
compensation and expenses for court appointed trial | ||
counsel as provided under Sections 10 and 15 of the | ||
Capital Crimes Litigation Act (repealed) . This subsection | ||
(n) shall apply until the conclusion of the trial of the | ||
case, even if the prosecution chooses not to pursue the | ||
death penalty prior to trial or sentencing. | ||
(o) Information that is prohibited from being | ||
disclosed under Section 4 of the Illinois Health and | ||
Hazardous Substances Registry Act. | ||
(p) Security portions of system safety program plans, | ||
investigation reports, surveys, schedules, lists, data, or | ||
information compiled, collected, or prepared by or for the | ||
Department of Transportation under Sections 2705-300 and | ||
2705-616 of the Department of Transportation Law of the |
Civil Administrative Code of Illinois, the Regional | ||
Transportation Authority under Section 2.11 of the | ||
Regional Transportation Authority Act, or the St. Clair | ||
County Transit District under the Bi-State Transit Safety | ||
Act (repealed) . | ||
(q) Information prohibited from being disclosed by the | ||
Personnel Record Review Act. | ||
(r) Information prohibited from being disclosed by the | ||
Illinois School Student Records Act. | ||
(s) Information the disclosure of which is restricted | ||
under Section 5-108 of the Public Utilities Act. | ||
(t) (Blank). | ||
(u) Records and information provided to an independent | ||
team of experts under the Developmental Disability and | ||
Mental Health Safety Act (also known as Brian's Law). | ||
(v) Names and information of people who have applied | ||
for or received Firearm Owner's Identification Cards under | ||
the Firearm Owners Identification Card Act or applied for | ||
or received a concealed carry license under the Firearm | ||
Concealed Carry Act, unless otherwise authorized by the | ||
Firearm Concealed Carry Act; and databases under the | ||
Firearm Concealed Carry Act, records of the Concealed | ||
Carry Licensing Review Board under the Firearm Concealed | ||
Carry Act, and law enforcement agency objections under the | ||
Firearm Concealed Carry Act. | ||
(v-5) Records of the Firearm Owner's Identification |
Card Review Board that are exempted from disclosure under | ||
Section 10 of the Firearm Owners Identification Card Act. | ||
(w) Personally identifiable information which is | ||
exempted from disclosure under subsection (g) of Section | ||
19.1 of the Toll Highway Act. | ||
(x) Information which is exempted from disclosure | ||
under Section 5-1014.3 of the Counties Code or Section | ||
8-11-21 of the Illinois Municipal Code. | ||
(y) Confidential information under the Adult | ||
Protective Services Act and its predecessor enabling | ||
statute, the Elder Abuse and Neglect Act, including | ||
information about the identity and administrative finding | ||
against any caregiver of a verified and substantiated | ||
decision of abuse, neglect, or financial exploitation of | ||
an eligible adult maintained in the Registry established | ||
under Section 7.5 of the Adult Protective Services Act. | ||
(z) Records and information provided to a fatality | ||
review team or the Illinois Fatality Review Team Advisory | ||
Council under Section 15 of the Adult Protective Services | ||
Act. | ||
(aa) Information which is exempted from disclosure | ||
under Section 2.37 of the Wildlife Code. | ||
(bb) Information which is or was prohibited from | ||
disclosure by the Juvenile Court Act of 1987. | ||
(cc) Recordings made under the Law Enforcement | ||
Officer-Worn Body Camera Act, except to the extent |
authorized under that Act. | ||
(dd) Information that is prohibited from being | ||
disclosed under Section 45 of the Condominium and Common | ||
Interest Community Ombudsperson Act. | ||
(ee) Information that is exempted from disclosure | ||
under Section 30.1 of the Pharmacy Practice Act. | ||
(ff) Information that is exempted from disclosure | ||
under the Revised Uniform Unclaimed Property Act. | ||
(gg) Information that is prohibited from being | ||
disclosed under Section 7-603.5 of the Illinois Vehicle | ||
Code. | ||
(hh) Records that are exempt from disclosure under | ||
Section 1A-16.7 of the Election Code. | ||
(ii) Information which is exempted from disclosure | ||
under Section 2505-800 of the Department of Revenue Law of | ||
the Civil Administrative Code of Illinois. | ||
(jj) Information and reports that are required to be | ||
submitted to the Department of Labor by registering day | ||
and temporary labor service agencies but are exempt from | ||
disclosure under subsection (a-1) of Section 45 of the Day | ||
and Temporary Labor Services Act. | ||
(kk) Information prohibited from disclosure under the | ||
Seizure and Forfeiture Reporting Act. | ||
(ll) Information the disclosure of which is restricted | ||
and exempted under Section 5-30.8 of the Illinois Public | ||
Aid Code. |
(mm) Records that are exempt from disclosure under | ||
Section 4.2 of the Crime Victims Compensation Act. | ||
(nn) Information that is exempt from disclosure under | ||
Section 70 of the Higher Education Student Assistance Act. | ||
(oo) Communications, notes, records, and reports | ||
arising out of a peer support counseling session | ||
prohibited from disclosure under the First Responders | ||
Suicide Prevention Act. | ||
(pp) Names and all identifying information relating to | ||
an employee of an emergency services provider or law | ||
enforcement agency under the First Responders Suicide | ||
Prevention Act. | ||
(qq) Information and records held by the Department of | ||
Public Health and its authorized representatives collected | ||
under the Reproductive Health Act. | ||
(rr) Information that is exempt from disclosure under | ||
the Cannabis Regulation and Tax Act. | ||
(ss) Data reported by an employer to the Department of | ||
Human Rights pursuant to Section 2-108 of the Illinois | ||
Human Rights Act. | ||
(tt) Recordings made under the Children's Advocacy | ||
Center Act, except to the extent authorized under that | ||
Act. | ||
(uu) Information that is exempt from disclosure under | ||
Section 50 of the Sexual Assault Evidence Submission Act. | ||
(vv) Information that is exempt from disclosure under |
subsections (f) and (j) of Section 5-36 of the Illinois | ||
Public Aid Code. | ||
(ww) Information that is exempt from disclosure under | ||
Section 16.8 of the State Treasurer Act. | ||
(xx) Information that is exempt from disclosure or | ||
information that shall not be made public under the | ||
Illinois Insurance Code. | ||
(yy) Information prohibited from being disclosed under | ||
the Illinois Educational Labor Relations Act. | ||
(zz) Information prohibited from being disclosed under | ||
the Illinois Public Labor Relations Act. | ||
(aaa) Information prohibited from being disclosed | ||
under Section 1-167 of the Illinois Pension Code. | ||
(bbb) Information that is prohibited from disclosure | ||
by the Illinois Police Training Act and the Illinois State | ||
Police Act. | ||
(ccc) Records exempt from disclosure under Section | ||
2605-304 of the Illinois State Police Law of the Civil | ||
Administrative Code of Illinois. | ||
(ddd) Information prohibited from being disclosed | ||
under Section 35 of the Address Confidentiality for | ||
Victims of Domestic Violence, Sexual Assault, Human | ||
Trafficking, or Stalking Act. | ||
(eee) Information prohibited from being disclosed | ||
under subsection (b) of Section 75 of the Domestic | ||
Violence Fatality Review Act. |
(fff) Images from cameras under the Expressway Camera | ||
Act. This subsection (fff) is inoperative on and after | ||
July 1, 2025. | ||
(ggg) Information prohibited from disclosure under | ||
paragraph (3) of subsection (a) of Section 14 of the Nurse | ||
Agency Licensing Act. | ||
(hhh) Information submitted to the Illinois State | ||
Police in an affidavit or application for an assault | ||
weapon endorsement, assault weapon attachment endorsement, | ||
.50 caliber rifle endorsement, or .50 caliber cartridge | ||
endorsement under the Firearm Owners Identification Card | ||
Act. | ||
(iii) Data exempt from disclosure under Section 50 of | ||
the School Safety Drill Act. | ||
(jjj) (hhh) Information exempt from disclosure under | ||
Section 30 of the Insurance Data Security Law. | ||
(kkk) (iii) Confidential business information | ||
prohibited from disclosure under Section 45 of the Paint | ||
Stewardship Act. | ||
(lll) (iii) Data exempt from disclosure under Section | ||
2-3.196 of the School Code. | ||
(mmm) (iii) Information prohibited from being | ||
disclosed under subsection (e) of Section 1-129 of the | ||
Illinois Power Agency Act. | ||
(nnn) Information that is exempt from disclosure under | ||
Section 7-101 of the Illinois Human Rights Act. |
(Source: P.A. 102-36, eff. 6-25-21; 102-237, eff. 1-1-22; | ||
102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff. | ||
8-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22; | ||
102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff. | ||
6-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372, | ||
eff. 1-1-24; 103-472, eff. 8-1-24; 103-508, eff. 8-4-23; | ||
103-580, eff. 12-8-23; revised 1-2-24.) | ||
Section 5. The Illinois Human Rights Act is amended by | ||
changing Sections 3-101, 3-102, 8-101, 8-111, 8B-104, 10-103, | ||
and 10-104 as follows: | ||
(775 ILCS 5/3-101) (from Ch. 68, par. 3-101) | ||
Sec. 3-101. Definitions. The following definitions are | ||
applicable strictly in the context of this Article: | ||
(A) Real Property. "Real property" includes buildings, | ||
structures, real estate, lands, tenements, leaseholds, | ||
interests in real estate cooperatives, condominiums, and | ||
hereditaments, corporeal and incorporeal, or any interest | ||
therein. | ||
(B) Real Estate Transaction. "Real estate transaction" | ||
includes the sale, exchange, rental or lease of real property , | ||
or any act that otherwise makes available such a transaction | ||
or alters a person's rights to real property . "Real estate | ||
transaction" also includes the brokering or appraising of | ||
residential real property and the making or purchasing of |
loans or providing other financial assistance: | ||
(1) for purchasing, constructing, improving, repairing | ||
or maintaining a dwelling; or | ||
(2) secured by residential real estate. | ||
(C) Housing Accommodations. "Housing accommodation" | ||
includes any improved or unimproved real property, or part | ||
thereof, which is used or occupied, or is intended, arranged | ||
or designed to be used or occupied, as the home or residence of | ||
one or more individuals. | ||
(D) Real Estate Broker or Salesman. "Real estate broker or | ||
salesman" means a person, whether licensed or not, who, for or | ||
with the expectation of receiving a consideration, lists, | ||
sells, purchases, exchanges, rents, or leases real property, | ||
or who negotiates or attempts to negotiate any of these | ||
activities, or who holds oneself out as engaged in these. | ||
(E) Familial Status. "Familial status" means one or more | ||
individuals (who have not attained the age of 18 years) being | ||
domiciled with: | ||
(1) a parent or person having legal custody of such | ||
individual or individuals; or | ||
(2) the designee of such parent or other person having | ||
such custody, with the written permission of such parent | ||
or other person. | ||
The protections afforded by this Article against | ||
discrimination on the basis of familial status apply to any | ||
person who is pregnant or is in the process of securing legal |
custody of any individual who has not attained the age of 18 | ||
years. | ||
(F) Conciliation. "Conciliation" means the attempted | ||
resolution of issues raised by a charge, or by the | ||
investigation of such charge, through informal negotiations | ||
involving the aggrieved party, the respondent and the | ||
Department. | ||
(G) Conciliation Agreement. "Conciliation agreement" means | ||
a written agreement setting forth the resolution of the issues | ||
in conciliation. | ||
(H) Covered Multifamily Dwellings. As used in Section | ||
3-102.1, "covered multifamily dwellings" means: | ||
(1) buildings consisting of 4 or more units if such | ||
buildings have one or more elevators; and | ||
(2) ground floor units in other buildings consisting | ||
of 4 or more units. | ||
(I) Immigration Status. "Immigration status" means a | ||
person's actual or perceived citizenship or immigration | ||
status. | ||
(Source: P.A. 103-232, eff. 1-1-24 .) | ||
(775 ILCS 5/3-102) (from Ch. 68, par. 3-102) | ||
Sec. 3-102. Civil rights violations; real estate | ||
transactions and other prohibited acts. It is a civil rights | ||
violation for an owner or any other person, or for a real | ||
estate broker or salesman, because of unlawful discrimination, |
familial status, immigration status, source of income, or an | ||
arrest record, as defined under subsection (B-5) of Section | ||
1-103, to: | ||
(A) Transactions. Refuse to engage in a real estate | ||
transaction with a person or deny real property, or to | ||
discriminate in making available such a transaction; | ||
(B) Terms. Alter the terms, conditions or privileges | ||
of a real estate transaction or in the furnishing of | ||
facilities or services in connection therewith; | ||
(C) Offers. Refuse to receive or to fail to transmit a | ||
bona fide offer in a real estate transaction from a | ||
person; | ||
(D) Negotiation. Refuse to negotiate a real estate | ||
transaction with a person; | ||
(E) Representations. Represent to a person that real | ||
property is not available for inspection, sale, rental, or | ||
lease when in fact it is so available, or to fail to bring | ||
a property listing to the person's attention, or to refuse | ||
to permit the person to inspect real property; | ||
(F) Publication of Intent. Make, print, circulate, | ||
post, mail, publish or cause to be made, printed, | ||
circulated, posted, mailed, or published any notice, | ||
statement, advertisement or sign, or use a form of | ||
application for a real estate transaction, or make a | ||
record or inquiry in connection with a prospective real | ||
estate transaction, that indicates any preference, |
limitation, or discrimination based on unlawful | ||
discrimination or unlawful discrimination based on | ||
familial status, immigration status, source of income, or | ||
an arrest record, or an intention to make any such | ||
preference, limitation, or discrimination; | ||
(G) Listings. Offer, solicit, accept, use or retain a | ||
listing of real property with knowledge that unlawful | ||
discrimination or discrimination on the basis of familial | ||
status, immigration status, source of income, or an arrest | ||
record in a real estate transaction is intended. | ||
(H) Criteria. Use criteria or methods that have the | ||
effect of subjecting individuals to unlawful | ||
discrimination or discrimination based on familial status, | ||
immigration status, source of income, or an arrest record | ||
in a real estate transaction. Such criteria or methods are | ||
unlawful under this subsection if they are not necessary | ||
to achieve a substantial, legitimate, non-discriminatory | ||
interest; or if the substantial, legitimate, | ||
non-discriminatory interest could be served by another | ||
practice that has a less discriminatory effect. | ||
(Source: P.A. 102-896, eff. 1-1-23; 103-232, eff. 1-1-24 .) | ||
(775 ILCS 5/8-101) | ||
Sec. 8-101. Illinois Human Rights Commission. | ||
(A) Creation; appointments. The Human Rights Commission is | ||
created to consist of 7 members appointed by the Governor with |
the advice and consent of the Senate. No more than 4 members | ||
shall be of the same political party. The Governor shall | ||
designate one member as chairperson. All appointments shall be | ||
in writing and filed with the Secretary of State as a public | ||
record. | ||
(B) Terms. Of the members first appointed, 4 shall be | ||
appointed for a term to expire on the third Monday of January , | ||
2021, and 3 (including the Chairperson) shall be appointed for | ||
a term to expire on the third Monday of January , 2023. | ||
Notwithstanding any provision of this Section to the | ||
contrary, the term of office of each member of the Illinois | ||
Human Rights Commission is abolished on January 19, 2019. | ||
Incumbent members holding a position on the Commission that | ||
was created by Public Act 84-115 and whose terms, if not for | ||
Public Act 100-1066 this amendatory Act of the 100th General | ||
Assembly , would have expired January 18, 2021 shall continue | ||
to exercise all of the powers and be subject to all of the | ||
duties of members of the Commission until June 30, 2019 or | ||
until their respective successors are appointed and qualified, | ||
whichever is earlier. | ||
Thereafter, each member shall serve for a term of 4 years | ||
and until the member's successor is appointed and qualified; | ||
except that any member chosen to fill a vacancy occurring | ||
otherwise than by expiration of a term shall be appointed only | ||
for the unexpired term of the member whom the member shall | ||
succeed and until the member's successor is appointed and |
qualified. | ||
(C) Vacancies. | ||
(1) In the case of vacancies on the Commission during | ||
a recess of the Senate, the Governor shall make a | ||
temporary appointment until the next meeting of the Senate | ||
when the Governor shall appoint a person to fill the | ||
vacancy. Any person so nominated and confirmed by the | ||
Senate shall hold office for the remainder of the term and | ||
until the person's successor is appointed and qualified. | ||
(2) If the Senate is not in session at the time this | ||
Act takes effect, the Governor shall make temporary | ||
appointments to the Commission as in the case of | ||
vacancies. | ||
(3) Vacancies in the Commission shall not impair the | ||
right of the remaining members to exercise all the powers | ||
of the Commission. Except when authorized by this Act to | ||
proceed through a 3 member panel, a majority of the | ||
members of the Commission then in office shall constitute | ||
a quorum. | ||
(D) Compensation. On and after January 19, 2019, the | ||
Chairperson of the Commission shall be compensated at the rate | ||
of $125,000 per year, or as set by the Compensation Review | ||
Board, whichever is greater, during the Chairperson's service | ||
as Chairperson, and each other member shall be compensated at | ||
the rate of $119,000 per year, or as set by the Compensation | ||
Review Board, whichever is greater. In addition, all members |
of the Commission shall be reimbursed for expenses actually | ||
and necessarily incurred by them in the performance of their | ||
duties. | ||
(E) (Blank). Notwithstanding the general supervisory | ||
authority of the Chairperson, each commissioner, unless | ||
appointed to the special temporary panel created under | ||
subsection (H), has the authority to hire and supervise a | ||
staff attorney. The staff attorney shall report directly to | ||
the individual commissioner. | ||
(F) A formal training program for newly appointed | ||
commissioners shall be implemented. The training program shall | ||
include the following: | ||
(1) substantive and procedural aspects of the office | ||
of commissioner; | ||
(2) current issues in employment and housing | ||
discrimination and public accommodation law and practice; | ||
(3) orientation to each operational unit of the Human | ||
Rights Commission; | ||
(4) observation of experienced hearing officers and | ||
commissioners conducting hearings of cases, combined with | ||
the opportunity to discuss evidence presented and rulings | ||
made; | ||
(5) the use of hypothetical cases requiring the newly | ||
appointed commissioner to issue judgments as a means of | ||
evaluating knowledge and writing ability; | ||
(6) writing skills; and |
(7) professional and ethical standards. | ||
A formal and ongoing professional development program | ||
including, but not limited to, the above-noted areas shall be | ||
implemented to keep commissioners informed of recent | ||
developments and issues and to assist them in maintaining and | ||
enhancing their professional competence. Each commissioner | ||
shall complete 20 hours of training in the above-noted areas | ||
during every 2 years the commissioner remains in office. | ||
(G) Commissioners must meet one of the following | ||
qualifications: | ||
(1) licensed to practice law in the State of Illinois; | ||
(2) at least 3 years of experience as a hearing | ||
officer at the Human Rights Commission; or | ||
(3) at least 4 years of professional experience | ||
working for or dealing with individuals or corporations | ||
affected by this Act or similar laws in other | ||
jurisdictions, including, but not limited to, experience | ||
with a civil rights advocacy group, a fair housing group, | ||
a community organization, a trade association, a union, a | ||
law firm, a legal aid organization, an employer's human | ||
resources department, an employment discrimination | ||
consulting firm, a community affairs organization, or a | ||
municipal human relations agency. | ||
The Governor's appointment message, filed with the | ||
Secretary of State and transmitted to the Senate, shall state | ||
specifically how the experience of a nominee for commissioner |
meets the requirement set forth in this subsection. The | ||
Chairperson must have public or private sector management and | ||
budget experience, as determined by the Governor. | ||
Each commissioner shall devote full time to the | ||
commissioner's duties and any commissioner who is an attorney | ||
shall not engage in the practice of law, nor shall any | ||
commissioner hold any other office or position of profit under | ||
the United States or this State or any municipal corporation | ||
or political subdivision of this State, nor engage in any | ||
other business, employment, or vocation. | ||
(H) (Blank). | ||
(Source: P.A. 102-1129, eff. 2-10-23; 103-326, eff. 1-1-24; | ||
revised 12-15-23.) | ||
(775 ILCS 5/8-111) (from Ch. 68, par. 8-111) | ||
Sec. 8-111. Court Proceedings. | ||
(A) Civil Actions Commenced in Circuit Court. | ||
(1) Venue. Civil actions commenced in a circuit court | ||
pursuant to Section 7A-102 or 8B-102 shall be commenced in | ||
the circuit court in the county in which the civil rights | ||
violation was allegedly committed. | ||
(2) If a civil action is commenced in a circuit court, | ||
the form of the complaint shall be in accordance with the | ||
Code of Civil Procedure. | ||
(3) Jury Trial. If a civil action is commenced in a | ||
circuit court under Section 7A-102 or 8B-102, the |
plaintiff or defendant may demand trial by jury. | ||
(4) Remedies. Upon the finding of a civil rights | ||
violation, the circuit court or jury may award any of the | ||
remedies set forth in Section 8A-104 or 8B-104. | ||
(B) Judicial Review. | ||
(1) Any complainant or respondent may apply for and | ||
obtain judicial review of a final order of the Commission | ||
entered under this Act by filing a petition for review in | ||
the Appellate Court within 35 days from the date that a | ||
copy of the decision sought to be reviewed was served upon | ||
the party affected by the decision. If a 3-member panel or | ||
the full Commission finds that an interlocutory order | ||
involves a question of law as to which there is | ||
substantial ground for difference of opinion and that an | ||
immediate appeal from the order may materially advance the | ||
ultimate termination of the litigation, any party may | ||
petition the Appellate Court for permission to appeal the | ||
order. The procedure for obtaining the required Commission | ||
findings and the permission of the Appellate Court shall | ||
be governed by Supreme Court Rule 308, except the | ||
references to the "trial court" shall be understood as | ||
referring to the Commission. | ||
(2) In any proceeding brought for judicial review, the | ||
Commission's findings of fact shall be sustained unless | ||
the court determines that such findings are contrary to | ||
the manifest weight of the evidence. |
(3) Venue. Proceedings for judicial review shall be | ||
commenced in the appellate court for the district wherein | ||
the civil rights violation which is the subject of the | ||
Commission's order was allegedly committed. | ||
(C) Judicial Enforcement. | ||
(1) When the Commission, at the instance of the | ||
Department or an aggrieved party, concludes that any | ||
person has violated a valid order of the Commission issued | ||
pursuant to this Act, and the violation and its effects | ||
are not promptly corrected, the Commission, through a | ||
panel of 3 members, shall order the Department to commence | ||
an action in the name of the People of the State of | ||
Illinois by complaint, alleging the violation, attaching a | ||
copy of the order of the Commission and praying for the | ||
issuance of an order directing such person, his or her or | ||
its officers, agents, servants, successors and assigns to | ||
comply with the order of the Commission. | ||
(2) An aggrieved party may file a complaint for | ||
enforcement of a valid order of the Commission directly in | ||
Circuit Court. | ||
(3) Upon the commencement of an action filed under | ||
paragraphs (1) or (2) of this subsection, the court shall | ||
have jurisdiction over the proceedings and power to grant | ||
or refuse, in whole or in part, the relief sought or impose | ||
such other remedy as the court may deem proper. | ||
(4) The court may stay an order of the Commission in |
accordance with the applicable Supreme Court rules, | ||
pending disposition of the proceedings. | ||
(5) The court may punish for any violation of its | ||
order as in the case of civil contempt. | ||
(6) Venue. Proceedings for judicial enforcement of a | ||
Commission order shall be commenced in the circuit court | ||
in the county wherein the civil rights violation which is | ||
the subject of the Commission's order was committed. | ||
(7) Enforcement of judicial order. An aggrieved party | ||
may take action to collect on a judicial order issued by | ||
the Circuit Court in an enforcement action initiated by | ||
the State, regardless of whether or not the aggrieved | ||
party intervened in an enforcement action. | ||
(D) Limitation. Except as otherwise provided by law, no | ||
court of this state shall have jurisdiction over the subject | ||
of an alleged civil rights violation other than as set forth in | ||
this Act. | ||
(E) This amendatory Act of 1996 applies to causes of | ||
action filed on or after January 1, 1996. | ||
(F) The changes made to this Section by this amendatory | ||
Act of the 95th General Assembly apply to charges or | ||
complaints filed with the Department or the Commission on or | ||
after the effective date of those changes. | ||
(Source: P.A. 101-661, eff. 4-2-21; 102-706, eff. 4-22-22.) | ||
(775 ILCS 5/8B-104) (from Ch. 68, par. 8B-104) |
Sec. 8B-104. Relief; penalties. Upon finding a civil | ||
rights violation, a hearing officer may recommend and the | ||
Commission or any three-member panel thereof may provide for | ||
any relief or penalty identified in this Section, separately | ||
or in combination, by entering an order directing the | ||
respondent to: | ||
(A) Cease and Desist Order. Cease and desist from any | ||
violation of this Act. | ||
(B) Actual Damages. Pay actual damages, as reasonably | ||
determined by the Commission, for injury or loss suffered | ||
by the complainant. | ||
(C) Civil Penalty. Pay a civil penalty per violation | ||
to vindicate the public interest . In imposing a civil | ||
penalty to vindicate the public interest, a separate | ||
penalty may be imposed for each specific act constituting | ||
a civil rights violation as defined in Section 1-103, and | ||
for each aggrieved party injured by the civil rights | ||
violation : | ||
(i) in an amount not exceeding $16,000 if the | ||
respondent has not been adjudged to have committed any | ||
prior civil rights violation under Article 3; | ||
(ii) in an amount not exceeding $42,500 if the | ||
respondent has been adjudged to have committed one | ||
other civil rights violation under Article 3 during | ||
the 5-year period ending on the date of the filing of | ||
this charge; and |
(iii) in an amount not exceeding $70,000 if the | ||
respondent has been adjudged to have committed 2 or | ||
more civil rights violations under Article 3 during | ||
the 7-year period ending on the date of the filing of | ||
this charge; except that if the acts constituting the | ||
civil rights violation that is the object of the | ||
charge are committed by the same natural person who | ||
has been previously adjudged to have committed acts | ||
constituting a civil rights violation under Article 3, | ||
then the civil penalties set forth in subparagraphs | ||
(ii) and (iii) may be imposed without regard to the | ||
period of time within which any subsequent civil | ||
rights violation under Article 3 occurred. | ||
(D) Attorney Fees; Costs. Pay to the complainant all | ||
or a portion of the costs of maintaining the action, | ||
including reasonable attorneys fees and expert witness | ||
fees incurred in maintaining this action before the | ||
Department, the Commission and in any judicial review and | ||
judicial enforcement proceedings. | ||
(E) Compliance Report. Report as to the manner of | ||
compliance. | ||
(F) Posting of Notices. Post notices in a conspicuous | ||
place which the Commission may publish or cause to be | ||
published setting forth requirements for compliance with | ||
this Act or other relevant information which the | ||
Commission determines necessary to explain this Act. |
(G) Make Complainant Whole. Take such action as may be | ||
necessary to make the individual complainant whole, | ||
including, but not limited to, awards of interest on the | ||
complainant's actual damages from the date of the civil | ||
rights violation. | ||
(Source: P.A. 99-548, eff. 1-1-17 .) | ||
(775 ILCS 5/10-103) (from Ch. 68, par. 10-103) | ||
Sec. 10-103. Circuit court actions pursuant to election. | ||
(A) If an election is made under Section 8B-102, the | ||
Department shall authorize and , not later than 30 days after | ||
the entry of the administrative closure order is entered by | ||
the Commission and served on the Department, the Attorney | ||
General shall commence and maintain a civil action on behalf | ||
of the aggrieved party in a circuit court of Illinois seeking | ||
relief under this Section. Venue for such civil action shall | ||
be determined under Section 8-111(A)(1). | ||
(B) Any aggrieved party with respect to the issues to be | ||
determined in a civil action under this Section may intervene | ||
as of right in that civil action. | ||
(C) In a civil action under this Section, if the court | ||
finds that a civil rights violation has occurred or is about to | ||
occur the court may grant as relief any relief which a court | ||
could grant with respect to such civil rights violation in a | ||
civil action under Section 10-102. Any relief so granted that | ||
would accrue to an aggrieved party in a civil action commenced |
by that aggrieved party under Section 10-102 shall also accrue | ||
to that aggrieved party in a civil action under this Section. | ||
If monetary relief is sought for the benefit of an aggrieved | ||
party who does not intervene in the civil action, the court | ||
shall not award such relief if that aggrieved party has not | ||
complied with discovery orders entered by the court. | ||
(Source: P.A. 101-530, eff. 1-1-20; 101-661, eff. 4-2-21.) | ||
(775 ILCS 5/10-104) | ||
Sec. 10-104. Circuit Court Actions by the Illinois | ||
Attorney General. | ||
(A) Standing, venue, limitations on actions, preliminary | ||
investigations, notice, and Assurance of Voluntary Compliance. | ||
(1) Whenever the Illinois Attorney General has | ||
reasonable cause to believe that any person or group of | ||
persons is engaged in a pattern and practice of | ||
discrimination prohibited by this Act, the Illinois | ||
Attorney General may commence a civil action in the name | ||
of the People of the State, as parens patriae on behalf of | ||
persons within the State to enforce the provisions of this | ||
Act in any appropriate circuit court. Venue for this civil | ||
action shall be determined under paragraph (1) of | ||
subsection (A) of Section 8-111. Such actions shall be | ||
commenced no later than 2 years after the occurrence or | ||
the termination of an alleged civil rights violation or | ||
the breach of a conciliation agreement or Assurance of |
Voluntary Compliance entered into under this Act, | ||
whichever occurs last, to obtain relief with respect to | ||
the alleged civil rights violation or breach. | ||
(2) Prior to initiating a civil action, the Attorney | ||
General shall conduct a preliminary investigation to | ||
determine whether there is reasonable cause to believe | ||
that any person or group of persons is engaged in a pattern | ||
and practice of discrimination declared unlawful by this | ||
Act and whether the dispute can be resolved without | ||
litigation. In conducting this investigation, the Attorney | ||
General may: | ||
(a) require the individual or entity to file a | ||
statement or report in writing under oath or | ||
otherwise, as to all information the Attorney General | ||
may consider necessary; | ||
(b) examine under oath any person alleged to have | ||
participated in or with knowledge of the alleged | ||
pattern and practice violation; or | ||
(c) issue subpoenas or conduct hearings in aid of | ||
any investigation. | ||
(3) Service by the Attorney General of any notice | ||
requiring a person to file a statement or report, or of a | ||
subpoena upon any person, shall be made: | ||
(a) personally by delivery of a duly executed copy | ||
thereof to the person to be served or, if a person is | ||
not a natural person, in the manner provided in the |
Code of Civil Procedure when a complaint is filed; or | ||
(b) by mailing by certified mail a duly executed | ||
copy thereof to the person to be served at his or her | ||
last known abode or principal place of business within | ||
this State. | ||
(4) In lieu of a civil action, the individual or | ||
entity alleged to have engaged in a pattern or practice of | ||
discrimination deemed violative of this Act may enter into | ||
an Assurance of Voluntary Compliance with respect to the | ||
alleged pattern or practice violation. | ||
(5) The Illinois Attorney General may commence a civil | ||
action under this subsection (A) whether or not a charge | ||
has been filed under Sections 7A-102 or 7B-102 and without | ||
regard to the status of any charge, however, if the | ||
Department or local agency has obtained a conciliation or | ||
settlement agreement or if the parties have entered into | ||
an Assurance of Voluntary Compliance no action may be | ||
filed under this subsection (A) with respect to the | ||
alleged civil rights violation practice that forms the | ||
basis for the complaint except for the purpose of | ||
enforcing the terms of the conciliation or settlement | ||
agreement or the terms of the Assurance of Voluntary | ||
Compliance. | ||
(6) Subpoenas. | ||
(a) Petition for enforcement. Whenever any person | ||
fails to comply with any subpoena issued under |
paragraph (2) of this subsection (A), or whenever | ||
satisfactory copying or reproduction of any material | ||
requested in an investigation cannot be done and the | ||
person refuses to surrender the material, the Attorney | ||
General may file in any appropriate circuit court, and | ||
serve upon the person, a petition for a court order for | ||
the enforcement of the subpoena or other request. | ||
Venue for this enforcement action shall be determined | ||
under paragraph (E)(1) of Section 8-104. | ||
(b) Petition to modify or set aside a subpoena. | ||
(i) Any person who has received a subpoena | ||
issued under paragraph (2) of this subsection (A) | ||
may file in the appropriate circuit court, and | ||
serve upon the Attorney General, a petition for a | ||
court order to modify or set aside the subpoena or | ||
other request. The petition must be filed either | ||
(I) within 20 days after the date of service of the | ||
subpoena or at any time before the return date | ||
specified in the subpoena, whichever date is | ||
earlier, or (II) within such longer period as may | ||
be prescribed in writing by the Attorney General. | ||
(ii) The petition shall specify each ground | ||
upon which the petitioner relies in seeking relief | ||
under subdivision (i) and may be based upon any | ||
failure of the subpoena to comply with the | ||
provisions of this Section or upon any |
constitutional or other legal right or privilege | ||
of the petitioner. During the pendency of the | ||
petition in the court, the court may stay, as it | ||
deems proper, the running of the time allowed for | ||
compliance with the subpoena or other request, in | ||
whole or in part, except that the petitioner shall | ||
comply with any portion of the subpoena or other | ||
request not sought to be modified or set aside. | ||
(c) Jurisdiction. Whenever any petition is filed | ||
in any circuit court under this paragraph (6), the | ||
court shall have jurisdiction to hear and determine | ||
the matter so presented and to enter such orders as may | ||
be required to carry out the provisions of this | ||
Section. Any final order so entered shall be subject | ||
to appeal in the same manner as appeals of other final | ||
orders in civil matters. Any disobedience of any final | ||
order entered under this paragraph (6) by any court | ||
shall be punished as a contempt of the court. | ||
(B) Relief which may be granted. | ||
(1) In any civil action brought pursuant to subsection | ||
(A) of this Section, the Attorney General may obtain as a | ||
remedy, equitable relief (including any permanent or | ||
preliminary injunction, temporary restraining order, or | ||
other order, including an order enjoining the defendant | ||
from engaging in such civil rights violation or ordering | ||
any action as may be appropriate). In addition, the |
Attorney General may request and the Court may impose | ||
restitution to any aggrieved party injured by the pattern | ||
or practice of discrimination, to the extent not covered | ||
by other sources, and a civil penalty per civil rights | ||
violation to vindicate the public interest . In imposing a | ||
civil penalty to vindicate the public interest, each | ||
instance in which a provision of this Act is violated as | ||
part of a pattern or practice of discrimination may be | ||
considered to constitute a separate violation or | ||
violations, as may each aggrieved party harmed : | ||
(a) for violations of this Act Article 3 and | ||
Article 4 in an amount not exceeding $50,000 $25,000 | ||
per violation , and in the case of violations of all | ||
other Articles in an amount not exceeding $10,000 if | ||
the defendant has not been adjudged to have committed | ||
any prior civil rights violations under any the | ||
provision of the Act that is the basis of the | ||
complaint; | ||
(b) for violations of this Act Article 3 and | ||
Article 4 in an amount not exceeding $75,000 $50,000 | ||
per violation , and in the case of violations of all | ||
other Articles in an amount not exceeding $25,000 if | ||
the defendant has been adjudged to have committed one | ||
other civil rights violation under any the provision | ||
of the Act within 5 years of the occurrence of the | ||
civil rights violation that is the basis of the |
complaint; and | ||
(c) for violations of this Act Article 3 and | ||
Article 4 in an amount not exceeding $100,000 $75,000 | ||
per violation , and in the case of violations of all | ||
other Articles in an amount not exceeding $50,000 if | ||
the defendant has been adjudged to have committed 2 or | ||
more civil rights violations under any the provision | ||
of the Act within 5 years of the occurrence of the | ||
civil rights violation that is the basis of the | ||
complaint. | ||
(2) A civil penalty imposed under subdivision (B)(1) | ||
of this Section shall be deposited into the Attorney | ||
General Court Ordered and Voluntary Compliance Payment | ||
Projects Fund, which is a special fund in the State | ||
Treasury. Moneys in the Fund shall be used, subject to | ||
appropriation, for the performance of any function | ||
pertaining to the exercise of the duties of the Attorney | ||
General including but not limited to enforcement of any | ||
law of this State and conducting public education | ||
programs; however, any moneys in the Fund that are | ||
required by the court or by an agreement to be used for a | ||
particular purpose shall be used for that purpose. | ||
(3) Aggrieved parties seeking actual damages must | ||
follow the procedure set out in Sections 7A-102 or 7B-102 | ||
for filing a charge. An action brought by the Illinois | ||
Attorney General pursuant to this Section is independent |
of any other action, remedy, or procedure that may be | ||
available to an aggrieved party under any other provision | ||
of law, including, but not limited to, an action, remedy, | ||
or procedure brought pursuant to the procedures set out in | ||
Section 7A-102 or 7B-102. | ||
(Source: P.A. 101-661, eff. 4-2-21.) | ||
Section 6. The Illinois Human Rights Act is amended by | ||
changing Section 7-101 as follows: | ||
(775 ILCS 5/7-101) (from Ch. 68, par. 7-101) | ||
Sec. 7-101. Powers and duties. In addition to other powers | ||
and duties prescribed in this Act, the Department shall have | ||
the following powers: | ||
(A) Rules and Regulations. To adopt, promulgate, amend, | ||
and rescind rules and regulations not inconsistent with the | ||
provisions of this Act pursuant to the Illinois Administrative | ||
Procedure Act. | ||
(B) Charges. To issue, receive, investigate, conciliate, | ||
settle, and dismiss charges filed in conformity with this Act. | ||
(C) Compulsory Process. To request subpoenas as it deems | ||
necessary for its investigations. | ||
(D) Complaints. To file complaints with the Commission in | ||
conformity with this Act and to intervene in complaints | ||
pending before the Commission filed under Article 2, 4, 5, 5A, | ||
or 6. |
(E) Judicial Enforcement. To seek temporary relief and to | ||
enforce orders of the Commission in conformity with this Act. | ||
(F) Equal Employment Opportunities. To take such action as | ||
may be authorized to provide for equal employment | ||
opportunities and affirmative action. | ||
(G) Recruitment; Research; Public Communication; Advisory | ||
Councils. To engage in such recruitment, research and public | ||
communication and create such advisory councils as may be | ||
authorized to effectuate the purposes of this Act. | ||
(H) Coordination with other Agencies. To coordinate its | ||
activities with federal, state, and local agencies in | ||
conformity with this Act. | ||
(I) Grants; Private Gifts. | ||
(1) To accept public grants and private gifts as may | ||
be authorized. | ||
(2) To design grant programs and award grants to | ||
eligible recipients. | ||
(J) Education and Training. To implement a formal and | ||
unbiased program of education and training for all employees | ||
assigned to investigate and conciliate charges under Articles | ||
7A and 7B. The training program shall include the following: | ||
(1) substantive and procedural aspects of the | ||
investigation and conciliation positions; | ||
(2) current issues in human rights law and practice; | ||
(3) lectures by specialists in substantive areas | ||
related to human rights matters; |
(4) orientation to each operational unit of the | ||
Department and Commission; | ||
(5) observation of experienced Department | ||
investigators and attorneys conducting conciliation | ||
conferences, combined with the opportunity to discuss | ||
evidence presented and rulings made; | ||
(6) the use of hypothetical cases requiring the | ||
Department investigator and conciliation conference | ||
attorney to issue judgments as a means to evaluating | ||
knowledge and writing ability; | ||
(7) writing skills; | ||
(8) computer skills, including but not limited to word | ||
processing and document management. | ||
A formal, unbiased and ongoing professional development | ||
program including, but not limited to, the above-noted areas | ||
shall be implemented to keep Department investigators and | ||
attorneys informed of recent developments and issues and to | ||
assist them in maintaining and enhancing their professional | ||
competence. | ||
(K) Hotlines. To establish and maintain hotlines and | ||
helplines to aid in effectuating the purposes of this Act | ||
including the confidential reporting of discrimination, | ||
harassment, and bias incidents. All communications received or | ||
sent via the hotlines and helplines are exempt from disclosure | ||
under the Freedom of Information Act. | ||
(Source: P.A. 102-1115, eff. 1-9-23; 103-335, eff. 1-1-24 .) |
(775 ILCS 5/8-113 rep.) | |||||||||||||||||||||||||||||||||||||||
Section 10. The Illinois Human Rights Act is amended by | |||||||||||||||||||||||||||||||||||||||
repealing Section 8-113. | |||||||||||||||||||||||||||||||||||||||
Section 95. No acceleration or delay. Where this Act makes | |||||||||||||||||||||||||||||||||||||||
changes in a statute that is represented in this Act by text | |||||||||||||||||||||||||||||||||||||||
that is not yet or no longer in effect (for example, a Section | |||||||||||||||||||||||||||||||||||||||
represented by multiple versions), the use of that text does | |||||||||||||||||||||||||||||||||||||||
not accelerate or delay the taking effect of (i) the changes | |||||||||||||||||||||||||||||||||||||||
made by this Act or (ii) provisions derived from any other | |||||||||||||||||||||||||||||||||||||||
Public Act. | |||||||||||||||||||||||||||||||||||||||
Section 99. Effective date. This Act takes effect upon | |||||||||||||||||||||||||||||||||||||||
becoming law except that Sections 5 and 10 take effect January | |||||||||||||||||||||||||||||||||||||||
1, 2025. | |||||||||||||||||||||||||||||||||||||||
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