Public Act 103-0326
HB2829 EnrolledLRB103 27781 LNS 54159 b HB2829 Enrolled LRB103 27781 LNS 54159 b
HB2829 Enrolled LRB103 27781 LNS 54159 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 Sections 8-101 and 8-102 as follows:
(775 ILCS 5/8-101) (from Ch. 68, par. 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
HB2829 Enrolled LRB103 27781 LNS 54159 b
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 his or her 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 he or she shall succeed and until the member's his or
her 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 he or she 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 his or her 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 his or
her 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) 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 trade association, a union, a law firm, a legal aid
organization, an employer's human resources department, an
employment discrimination consulting firm, 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 his or her 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). Notwithstanding any other provision of this
Act, the Governor shall appoint, by and with the consent of the
Senate, a special temporary panel of commissioners comprised
of 3 members. The members shall hold office until the
Commission, in consultation with the Governor, determines that
the caseload of requests for review has been reduced
sufficiently to allow cases to proceed in a timely manner, or
for a term of 18 months from the date of appointment by the
Governor, whichever is earlier. Each of the 3 members shall
have only such rights and powers of a commissioner necessary
to dispose of the cases assigned to the special panel. Each of
the 3 members appointed to the special panel shall receive the
same salary as other commissioners for the duration of the
panel. The panel shall have the authority to hire and
supervise a staff attorney who shall report to the panel of
commissioners.
(Source: P.A. 100-1066, eff. 8-24-18; 101-530, eff. 1-1-20.)
(775 ILCS 5/8-102) (from Ch. 68, par. 8-102)
Sec. 8-102. Powers and duties. In addition to the other
powers and duties prescribed in this Act, the Commission shall
have the following powers and duties:
(A) Meetings. To meet and function at any place within
the State.
(B) Offices. To establish and maintain offices in
Springfield and Chicago.
(C) Employees. To select and fix the compensation of
such technical advisors and employees as it may deem
necessary pursuant to the provisions of the Personnel
Code.
(D) Hearing Officers. To select and fix the
compensation of hearing officers who shall be attorneys
duly licensed to practice law in this State and full-time
employees of the Commission.
A formal and unbiased training program for hearing
officers shall be implemented. The training program shall
include the following:
(1) substantive and procedural aspects of the
hearing officer position;
(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 hearing officers
conducting hearings of cases, combined with the
opportunity to discuss evidence presented and rulings
made;
(6) the use of hypothetical cases requiring the
hearing officer 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 hearing
officers informed of recent developments and issues and to
assist them in maintaining and enhancing their
professional competence.
(E) 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.
(F) Compulsory Process. To issue and authorize
requests for enforcement of subpoenas and other compulsory
process established by this Act.
(G) Decisions. Through a panel of 3 members designated
by the Chairperson on a random basis, to hear and decide by
majority vote complaints filed in conformity with this Act
and to approve proposed settlements. Decisions by
commissioners must be based strictly on neutral
interpretations of the law and the facts.
(H) Rehearings. To order, by a vote of 3 members,
rehearing of its decisions by the entire Commission in
conformity with this Act.
(I) Judicial Enforcement. To authorize requests for
judicial enforcement of its orders in conformity with this
Act.
(J) Opinions. To publish each decision within 180 days
of the decision to assure a consistent source of
precedent. Published decisions shall be subject to the
Personal Information Protection Act.
(K) Public Grants; Private Gifts. To accept public
grants and private gifts as may be authorized.
(L) Interpreters. To appoint at the expense of the
Commission a qualified sign language interpreter whenever
a hearing impaired individual or an individual who lacks
proficiency in the English language person is a party or
witness in proceedings before the Commission at a public
hearing.
(M) Automated Processing Plan. To prepare an
electronic data processing and telecommunications plan
jointly with the Department in accordance with Section
7-112.
The provisions of Public Act 89-370 amending subsection
(G) of this Section apply to causes of action filed on or after
January 1, 1996.
(Source: P.A. 100-1066, eff. 8-24-18; 101-81, eff. 7-12-19.)