Illinois 2023-2024 Regular Session

Illinois House Bill HB2829 Compare Versions

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1-Public Act 103-0326
21 HB2829 EnrolledLRB103 27781 LNS 54159 b HB2829 Enrolled LRB103 27781 LNS 54159 b
32 HB2829 Enrolled LRB103 27781 LNS 54159 b
4-AN ACT concerning human rights.
5-Be it enacted by the People of the State of Illinois,
6-represented in the General Assembly:
7-Section 5. The Illinois Human Rights Act is amended by
8-changing Sections 8-101 and 8-102 as follows:
9-(775 ILCS 5/8-101) (from Ch. 68, par. 8-101)
10-Sec. 8-101. Illinois Human Rights Commission.
11-(A) Creation; appointments. The Human Rights Commission is
12-created to consist of 7 members appointed by the Governor with
13-the advice and consent of the Senate. No more than 4 members
14-shall be of the same political party. The Governor shall
15-designate one member as chairperson. All appointments shall be
16-in writing and filed with the Secretary of State as a public
17-record.
18-(B) Terms. Of the members first appointed, 4 shall be
19-appointed for a term to expire on the third Monday of January,
20-2021, and 3 (including the Chairperson) shall be appointed for
21-a term to expire on the third Monday of January, 2023.
22-Notwithstanding any provision of this Section to the
23-contrary, the term of office of each member of the Illinois
24-Human Rights Commission is abolished on January 19, 2019.
25-Incumbent members holding a position on the Commission that
26-was created by Public Act 84-115 and whose terms, if not for
3+1 AN ACT concerning human rights.
4+2 Be it enacted by the People of the State of Illinois,
5+3 represented in the General Assembly:
6+4 Section 5. The Illinois Human Rights Act is amended by
7+5 changing Sections 8-101 and 8-102 as follows:
8+6 (775 ILCS 5/8-101) (from Ch. 68, par. 8-101)
9+7 Sec. 8-101. Illinois Human Rights Commission.
10+8 (A) Creation; appointments. The Human Rights Commission is
11+9 created to consist of 7 members appointed by the Governor with
12+10 the advice and consent of the Senate. No more than 4 members
13+11 shall be of the same political party. The Governor shall
14+12 designate one member as chairperson. All appointments shall be
15+13 in writing and filed with the Secretary of State as a public
16+14 record.
17+15 (B) Terms. Of the members first appointed, 4 shall be
18+16 appointed for a term to expire on the third Monday of January,
19+17 2021, and 3 (including the Chairperson) shall be appointed for
20+18 a term to expire on the third Monday of January, 2023.
21+19 Notwithstanding any provision of this Section to the
22+20 contrary, the term of office of each member of the Illinois
23+21 Human Rights Commission is abolished on January 19, 2019.
24+22 Incumbent members holding a position on the Commission that
25+23 was created by Public Act 84-115 and whose terms, if not for
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33-this amendatory Act of the 100th General Assembly, would have
34-expired January 18, 2021 shall continue to exercise all of the
35-powers and be subject to all of the duties of members of the
36-Commission until June 30, 2019 or until their respective
37-successors are appointed and qualified, whichever is earlier.
38-Thereafter, each member shall serve for a term of 4 years
39-and until the member's his or her successor is appointed and
40-qualified; except that any member chosen to fill a vacancy
41-occurring otherwise than by expiration of a term shall be
42-appointed only for the unexpired term of the member whom the
43-member he or she shall succeed and until the member's his or
44-her successor is appointed and qualified.
45-(C) Vacancies.
46-(1) In the case of vacancies on the Commission during
47-a recess of the Senate, the Governor shall make a
48-temporary appointment until the next meeting of the Senate
49-when the Governor he or she shall appoint a person to fill
50-the vacancy. Any person so nominated and confirmed by the
51-Senate shall hold office for the remainder of the term and
52-until the person's his or her successor is appointed and
53-qualified.
54-(2) If the Senate is not in session at the time this
55-Act takes effect, the Governor shall make temporary
56-appointments to the Commission as in the case of
57-vacancies.
58-(3) Vacancies in the Commission shall not impair the
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34+1 this amendatory Act of the 100th General Assembly, would have
35+2 expired January 18, 2021 shall continue to exercise all of the
36+3 powers and be subject to all of the duties of members of the
37+4 Commission until June 30, 2019 or until their respective
38+5 successors are appointed and qualified, whichever is earlier.
39+6 Thereafter, each member shall serve for a term of 4 years
40+7 and until the member's his or her successor is appointed and
41+8 qualified; except that any member chosen to fill a vacancy
42+9 occurring otherwise than by expiration of a term shall be
43+10 appointed only for the unexpired term of the member whom the
44+11 member he or she shall succeed and until the member's his or
45+12 her successor is appointed and qualified.
46+13 (C) Vacancies.
47+14 (1) In the case of vacancies on the Commission during
48+15 a recess of the Senate, the Governor shall make a
49+16 temporary appointment until the next meeting of the Senate
50+17 when the Governor he or she shall appoint a person to fill
51+18 the vacancy. Any person so nominated and confirmed by the
52+19 Senate shall hold office for the remainder of the term and
53+20 until the person's his or her successor is appointed and
54+21 qualified.
55+22 (2) If the Senate is not in session at the time this
56+23 Act takes effect, the Governor shall make temporary
57+24 appointments to the Commission as in the case of
58+25 vacancies.
59+26 (3) Vacancies in the Commission shall not impair the
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61-right of the remaining members to exercise all the powers
62-of the Commission. Except when authorized by this Act to
63-proceed through a 3 member panel, a majority of the
64-members of the Commission then in office shall constitute
65-a quorum.
66-(D) Compensation. On and after January 19, 2019, the
67-Chairperson of the Commission shall be compensated at the rate
68-of $125,000 per year, or as set by the Compensation Review
69-Board, whichever is greater, during the Chairperson's his or
70-her service as Chairperson, and each other member shall be
71-compensated at the rate of $119,000 per year, or as set by the
72-Compensation Review Board, whichever is greater. In addition,
73-all members of the Commission shall be reimbursed for expenses
74-actually and necessarily incurred by them in the performance
75-of their duties.
76-(E) Notwithstanding the general supervisory authority of
77-the Chairperson, each commissioner, unless appointed to the
78-special temporary panel created under subsection (H), has the
79-authority to hire and supervise a staff attorney. The staff
80-attorney shall report directly to the individual commissioner.
81-(F) A formal training program for newly appointed
82-commissioners shall be implemented. The training program shall
83-include the following:
84-(1) substantive and procedural aspects of the office
85-of commissioner;
86-(2) current issues in employment and housing
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89-discrimination and public accommodation law and practice;
90-(3) orientation to each operational unit of the Human
91-Rights Commission;
92-(4) observation of experienced hearing officers and
93-commissioners conducting hearings of cases, combined with
94-the opportunity to discuss evidence presented and rulings
95-made;
96-(5) the use of hypothetical cases requiring the newly
97-appointed commissioner to issue judgments as a means of
98-evaluating knowledge and writing ability;
99-(6) writing skills; and
100-(7) professional and ethical standards.
101-A formal and ongoing professional development program
102-including, but not limited to, the above-noted areas shall be
103-implemented to keep commissioners informed of recent
104-developments and issues and to assist them in maintaining and
105-enhancing their professional competence. Each commissioner
106-shall complete 20 hours of training in the above-noted areas
107-during every 2 years the commissioner remains in office.
108-(G) Commissioners must meet one of the following
109-qualifications:
110-(1) licensed to practice law in the State of Illinois;
111-(2) at least 3 years of experience as a hearing
112-officer at the Human Rights Commission; or
113-(3) at least 4 years of professional experience
114-working for or dealing with individuals or corporations
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117-affected by this Act or similar laws in other
118-jurisdictions, including, but not limited to, experience
119-with a civil rights advocacy group, a fair housing group,
120-a trade association, a union, a law firm, a legal aid
121-organization, an employer's human resources department, an
122-employment discrimination consulting firm, or a municipal
123-human relations agency.
124-The Governor's appointment message, filed with the
125-Secretary of State and transmitted to the Senate, shall state
126-specifically how the experience of a nominee for commissioner
127-meets the requirement set forth in this subsection. The
128-Chairperson must have public or private sector management and
129-budget experience, as determined by the Governor.
130-Each commissioner shall devote full time to the
131-commissioner's his or her duties and any commissioner who is
132-an attorney shall not engage in the practice of law, nor shall
133-any commissioner hold any other office or position of profit
134-under the United States or this State or any municipal
135-corporation or political subdivision of this State, nor engage
136-in any other business, employment, or vocation.
137-(H) (Blank). Notwithstanding any other provision of this
138-Act, the Governor shall appoint, by and with the consent of the
139-Senate, a special temporary panel of commissioners comprised
140-of 3 members. The members shall hold office until the
141-Commission, in consultation with the Governor, determines that
142-the caseload of requests for review has been reduced
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70+1 right of the remaining members to exercise all the powers
71+2 of the Commission. Except when authorized by this Act to
72+3 proceed through a 3 member panel, a majority of the
73+4 members of the Commission then in office shall constitute
74+5 a quorum.
75+6 (D) Compensation. On and after January 19, 2019, the
76+7 Chairperson of the Commission shall be compensated at the rate
77+8 of $125,000 per year, or as set by the Compensation Review
78+9 Board, whichever is greater, during the Chairperson's his or
79+10 her service as Chairperson, and each other member shall be
80+11 compensated at the rate of $119,000 per year, or as set by the
81+12 Compensation Review Board, whichever is greater. In addition,
82+13 all members of the Commission shall be reimbursed for expenses
83+14 actually and necessarily incurred by them in the performance
84+15 of their duties.
85+16 (E) Notwithstanding the general supervisory authority of
86+17 the Chairperson, each commissioner, unless appointed to the
87+18 special temporary panel created under subsection (H), has the
88+19 authority to hire and supervise a staff attorney. The staff
89+20 attorney shall report directly to the individual commissioner.
90+21 (F) A formal training program for newly appointed
91+22 commissioners shall be implemented. The training program shall
92+23 include the following:
93+24 (1) substantive and procedural aspects of the office
94+25 of commissioner;
95+26 (2) current issues in employment and housing
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145-sufficiently to allow cases to proceed in a timely manner, or
146-for a term of 18 months from the date of appointment by the
147-Governor, whichever is earlier. Each of the 3 members shall
148-have only such rights and powers of a commissioner necessary
149-to dispose of the cases assigned to the special panel. Each of
150-the 3 members appointed to the special panel shall receive the
151-same salary as other commissioners for the duration of the
152-panel. The panel shall have the authority to hire and
153-supervise a staff attorney who shall report to the panel of
154-commissioners.
155-(Source: P.A. 100-1066, eff. 8-24-18; 101-530, eff. 1-1-20.)
156-(775 ILCS 5/8-102) (from Ch. 68, par. 8-102)
157-Sec. 8-102. Powers and duties. In addition to the other
158-powers and duties prescribed in this Act, the Commission shall
159-have the following powers and duties:
160-(A) Meetings. To meet and function at any place within
161-the State.
162-(B) Offices. To establish and maintain offices in
163-Springfield and Chicago.
164-(C) Employees. To select and fix the compensation of
165-such technical advisors and employees as it may deem
166-necessary pursuant to the provisions of the Personnel
167-Code.
168-(D) Hearing Officers. To select and fix the
169-compensation of hearing officers who shall be attorneys
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172-duly licensed to practice law in this State and full-time
173-employees of the Commission.
174-A formal and unbiased training program for hearing
175-officers shall be implemented. The training program shall
176-include the following:
177-(1) substantive and procedural aspects of the
178-hearing officer position;
179-(2) current issues in human rights law and
180-practice;
181-(3) lectures by specialists in substantive areas
182-related to human rights matters;
183-(4) orientation to each operational unit of the
184-Department and Commission;
185-(5) observation of experienced hearing officers
186-conducting hearings of cases, combined with the
187-opportunity to discuss evidence presented and rulings
188-made;
189-(6) the use of hypothetical cases requiring the
190-hearing officer to issue judgments as a means to
191-evaluating knowledge and writing ability;
192-(7) writing skills;
193-(8) computer skills, including, but not limited
194-to, word processing and document management.
195-A formal, unbiased and ongoing professional
196-development program including, but not limited to, the
197-above-noted areas shall be implemented to keep hearing
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200-officers informed of recent developments and issues and to
201-assist them in maintaining and enhancing their
202-professional competence.
203-(E) Rules and Regulations. To adopt, promulgate,
204-amend, and rescind rules and regulations not inconsistent
205-with the provisions of this Act pursuant to the Illinois
206-Administrative Procedure Act.
207-(F) Compulsory Process. To issue and authorize
208-requests for enforcement of subpoenas and other compulsory
209-process established by this Act.
210-(G) Decisions. Through a panel of 3 members designated
211-by the Chairperson on a random basis, to hear and decide by
212-majority vote complaints filed in conformity with this Act
213-and to approve proposed settlements. Decisions by
214-commissioners must be based strictly on neutral
215-interpretations of the law and the facts.
216-(H) Rehearings. To order, by a vote of 3 members,
217-rehearing of its decisions by the entire Commission in
218-conformity with this Act.
219-(I) Judicial Enforcement. To authorize requests for
220-judicial enforcement of its orders in conformity with this
221-Act.
222-(J) Opinions. To publish each decision within 180 days
223-of the decision to assure a consistent source of
224-precedent. Published decisions shall be subject to the
225-Personal Information Protection Act.
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106+1 discrimination and public accommodation law and practice;
107+2 (3) orientation to each operational unit of the Human
108+3 Rights Commission;
109+4 (4) observation of experienced hearing officers and
110+5 commissioners conducting hearings of cases, combined with
111+6 the opportunity to discuss evidence presented and rulings
112+7 made;
113+8 (5) the use of hypothetical cases requiring the newly
114+9 appointed commissioner to issue judgments as a means of
115+10 evaluating knowledge and writing ability;
116+11 (6) writing skills; and
117+12 (7) professional and ethical standards.
118+13 A formal and ongoing professional development program
119+14 including, but not limited to, the above-noted areas shall be
120+15 implemented to keep commissioners informed of recent
121+16 developments and issues and to assist them in maintaining and
122+17 enhancing their professional competence. Each commissioner
123+18 shall complete 20 hours of training in the above-noted areas
124+19 during every 2 years the commissioner remains in office.
125+20 (G) Commissioners must meet one of the following
126+21 qualifications:
127+22 (1) licensed to practice law in the State of Illinois;
128+23 (2) at least 3 years of experience as a hearing
129+24 officer at the Human Rights Commission; or
130+25 (3) at least 4 years of professional experience
131+26 working for or dealing with individuals or corporations
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228-(K) Public Grants; Private Gifts. To accept public
229-grants and private gifts as may be authorized.
230-(L) Interpreters. To appoint at the expense of the
231-Commission a qualified sign language interpreter whenever
232-a hearing impaired individual or an individual who lacks
233-proficiency in the English language person is a party or
234-witness in proceedings before the Commission at a public
235-hearing.
236-(M) Automated Processing Plan. To prepare an
237-electronic data processing and telecommunications plan
238-jointly with the Department in accordance with Section
239-7-112.
240-The provisions of Public Act 89-370 amending subsection
241-(G) of this Section apply to causes of action filed on or after
242-January 1, 1996.
243-(Source: P.A. 100-1066, eff. 8-24-18; 101-81, eff. 7-12-19.)
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142+1 affected by this Act or similar laws in other
143+2 jurisdictions, including, but not limited to, experience
144+3 with a civil rights advocacy group, a fair housing group,
145+4 a trade association, a union, a law firm, a legal aid
146+5 organization, an employer's human resources department, an
147+6 employment discrimination consulting firm, or a municipal
148+7 human relations agency.
149+8 The Governor's appointment message, filed with the
150+9 Secretary of State and transmitted to the Senate, shall state
151+10 specifically how the experience of a nominee for commissioner
152+11 meets the requirement set forth in this subsection. The
153+12 Chairperson must have public or private sector management and
154+13 budget experience, as determined by the Governor.
155+14 Each commissioner shall devote full time to the
156+15 commissioner's his or her duties and any commissioner who is
157+16 an attorney shall not engage in the practice of law, nor shall
158+17 any commissioner hold any other office or position of profit
159+18 under the United States or this State or any municipal
160+19 corporation or political subdivision of this State, nor engage
161+20 in any other business, employment, or vocation.
162+21 (H) (Blank). Notwithstanding any other provision of this
163+22 Act, the Governor shall appoint, by and with the consent of the
164+23 Senate, a special temporary panel of commissioners comprised
165+24 of 3 members. The members shall hold office until the
166+25 Commission, in consultation with the Governor, determines that
167+26 the caseload of requests for review has been reduced
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178+1 sufficiently to allow cases to proceed in a timely manner, or
179+2 for a term of 18 months from the date of appointment by the
180+3 Governor, whichever is earlier. Each of the 3 members shall
181+4 have only such rights and powers of a commissioner necessary
182+5 to dispose of the cases assigned to the special panel. Each of
183+6 the 3 members appointed to the special panel shall receive the
184+7 same salary as other commissioners for the duration of the
185+8 panel. The panel shall have the authority to hire and
186+9 supervise a staff attorney who shall report to the panel of
187+10 commissioners.
188+11 (Source: P.A. 100-1066, eff. 8-24-18; 101-530, eff. 1-1-20.)
189+12 (775 ILCS 5/8-102) (from Ch. 68, par. 8-102)
190+13 Sec. 8-102. Powers and duties. In addition to the other
191+14 powers and duties prescribed in this Act, the Commission shall
192+15 have the following powers and duties:
193+16 (A) Meetings. To meet and function at any place within
194+17 the State.
195+18 (B) Offices. To establish and maintain offices in
196+19 Springfield and Chicago.
197+20 (C) Employees. To select and fix the compensation of
198+21 such technical advisors and employees as it may deem
199+22 necessary pursuant to the provisions of the Personnel
200+23 Code.
201+24 (D) Hearing Officers. To select and fix the
202+25 compensation of hearing officers who shall be attorneys
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213+1 duly licensed to practice law in this State and full-time
214+2 employees of the Commission.
215+3 A formal and unbiased training program for hearing
216+4 officers shall be implemented. The training program shall
217+5 include the following:
218+6 (1) substantive and procedural aspects of the
219+7 hearing officer position;
220+8 (2) current issues in human rights law and
221+9 practice;
222+10 (3) lectures by specialists in substantive areas
223+11 related to human rights matters;
224+12 (4) orientation to each operational unit of the
225+13 Department and Commission;
226+14 (5) observation of experienced hearing officers
227+15 conducting hearings of cases, combined with the
228+16 opportunity to discuss evidence presented and rulings
229+17 made;
230+18 (6) the use of hypothetical cases requiring the
231+19 hearing officer to issue judgments as a means to
232+20 evaluating knowledge and writing ability;
233+21 (7) writing skills;
234+22 (8) computer skills, including, but not limited
235+23 to, word processing and document management.
236+24 A formal, unbiased and ongoing professional
237+25 development program including, but not limited to, the
238+26 above-noted areas shall be implemented to keep hearing
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249+1 officers informed of recent developments and issues and to
250+2 assist them in maintaining and enhancing their
251+3 professional competence.
252+4 (E) Rules and Regulations. To adopt, promulgate,
253+5 amend, and rescind rules and regulations not inconsistent
254+6 with the provisions of this Act pursuant to the Illinois
255+7 Administrative Procedure Act.
256+8 (F) Compulsory Process. To issue and authorize
257+9 requests for enforcement of subpoenas and other compulsory
258+10 process established by this Act.
259+11 (G) Decisions. Through a panel of 3 members designated
260+12 by the Chairperson on a random basis, to hear and decide by
261+13 majority vote complaints filed in conformity with this Act
262+14 and to approve proposed settlements. Decisions by
263+15 commissioners must be based strictly on neutral
264+16 interpretations of the law and the facts.
265+17 (H) Rehearings. To order, by a vote of 3 members,
266+18 rehearing of its decisions by the entire Commission in
267+19 conformity with this Act.
268+20 (I) Judicial Enforcement. To authorize requests for
269+21 judicial enforcement of its orders in conformity with this
270+22 Act.
271+23 (J) Opinions. To publish each decision within 180 days
272+24 of the decision to assure a consistent source of
273+25 precedent. Published decisions shall be subject to the
274+26 Personal Information Protection Act.
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285+1 (K) Public Grants; Private Gifts. To accept public
286+2 grants and private gifts as may be authorized.
287+3 (L) Interpreters. To appoint at the expense of the
288+4 Commission a qualified sign language interpreter whenever
289+5 a hearing impaired individual or an individual who lacks
290+6 proficiency in the English language person is a party or
291+7 witness in proceedings before the Commission at a public
292+8 hearing.
293+9 (M) Automated Processing Plan. To prepare an
294+10 electronic data processing and telecommunications plan
295+11 jointly with the Department in accordance with Section
296+12 7-112.
297+13 The provisions of Public Act 89-370 amending subsection
298+14 (G) of this Section apply to causes of action filed on or after
299+15 January 1, 1996.
300+16 (Source: P.A. 100-1066, eff. 8-24-18; 101-81, eff. 7-12-19.)
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