Public Act 093-1017
 		





SB2878 Enrolled
LRB093 16195 WGH 41828 b






    AN ACT concerning human rights.

 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:


 
    Section 5. The Illinois Human Rights Act is amended  by 
changing Section 10-101 and  by adding Section 10-104 as 
follows:
 



    (775 ILCS 5/10-101)  (from Ch. 68, par. 10-101)



    Sec. 10-101. Applicability. With the exception of Section 
10-104, this
This Article shall apply solely to civil
actions 
arising under Article 3 of this Act.

(Source: P.A. 86-910.)

 
    (775 ILCS 5/10-104  new)
    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 Section 8-111(B)(6).  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) If any person fails or refuses to file any 
    statement or report, or obey any subpoena, issued pursuant 
    to subdivision (A)(2) of this Section,  the Attorney General 
    will be deemed to have met the requirement of conducting a 
    preliminary investigation and may proceed to initiate a 
    civil action pursuant to subdivision (A)(1) of this 
    Section.
    (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 a 
    civil penalty to vindicate the public interest:
            (a) in an amount not exceeding $10,000 if the 
        defendant has not been adjudged to have committed any 
        prior civil rights violations under the provision of 
        the Act that is the basis of the complaint;
            (b) in an amount not exceeding $25,000 if the 
        defendant has been adjudged to have committed one other 
        civil rights violation under 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) in an amount not exceeding $50,000 if the 
        defendant has been adjudged to have committed 2 or more 
        civil rights violations under 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.

 
    Section 99. Effective date. This Act takes effect upon 
becoming law.




Effective Date:  8/24/2004