HB5371 EnrolledLRB103 39459 JRC 69653 b HB5371 Enrolled LRB103 39459 JRC 69653 b
HB5371 Enrolled LRB103 39459 JRC 69653 b
1 AN ACT concerning civil law.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 3. The Freedom of Information Act is amended by
5 changing Section 7.5 as follows:
6 (5 ILCS 140/7.5)
7 (Text of Section before amendment by P.A. 103-472)
8 Sec. 7.5. Statutory exemptions. To the extent provided for
9 by the statutes referenced below, the following shall be
10 exempt from inspection and copying:
11 (a) All information determined to be confidential
12 under Section 4002 of the Technology Advancement and
13 Development Act.
14 (b) Library circulation and order records identifying
15 library users with specific materials under the Library
16 Records Confidentiality Act.
17 (c) Applications, related documents, and medical
18 records received by the Experimental Organ Transplantation
19 Procedures Board and any and all documents or other
20 records prepared by the Experimental Organ Transplantation
21 Procedures Board or its staff relating to applications it
22 has received.
23 (d) Information and records held by the Department of
HB5371 Enrolled LRB103 39459 JRC 69653 b
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1 Public Health and its authorized representatives relating
2 to known or suspected cases of sexually transmissible
3 disease or any information the disclosure of which is
4 restricted under the Illinois Sexually Transmissible
5 Disease Control Act.
6 (e) Information the disclosure of which is exempted
7 under Section 30 of the Radon Industry Licensing Act.
8 (f) Firm performance evaluations under Section 55 of
9 the Architectural, Engineering, and Land Surveying
10 Qualifications Based Selection Act.
11 (g) Information the disclosure of which is restricted
12 and exempted under Section 50 of the Illinois Prepaid
13 Tuition Act.
14 (h) Information the disclosure of which is exempted
15 under the State Officials and Employees Ethics Act, and
16 records of any lawfully created State or local inspector
17 general's office that would be exempt if created or
18 obtained by an Executive Inspector General's office under
19 that Act.
20 (i) Information contained in a local emergency energy
21 plan submitted to a municipality in accordance with a
22 local emergency energy plan ordinance that is adopted
23 under Section 11-21.5-5 of the Illinois Municipal Code.
24 (j) Information and data concerning the distribution
25 of surcharge moneys collected and remitted by carriers
26 under the Emergency Telephone System Act.
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1 (k) Law enforcement officer identification information
2 or driver identification information compiled by a law
3 enforcement agency or the Department of Transportation
4 under Section 11-212 of the Illinois Vehicle Code.
5 (l) Records and information provided to a residential
6 health care facility resident sexual assault and death
7 review team or the Executive Council under the Abuse
8 Prevention Review Team Act.
9 (m) Information provided to the predatory lending
10 database created pursuant to Article 3 of the Residential
11 Real Property Disclosure Act, except to the extent
12 authorized under that Article.
13 (n) Defense budgets and petitions for certification of
14 compensation and expenses for court appointed trial
15 counsel as provided under Sections 10 and 15 of the
16 Capital Crimes Litigation Act (repealed). This subsection
17 (n) shall apply until the conclusion of the trial of the
18 case, even if the prosecution chooses not to pursue the
19 death penalty prior to trial or sentencing.
20 (o) Information that is prohibited from being
21 disclosed under Section 4 of the Illinois Health and
22 Hazardous Substances Registry Act.
23 (p) Security portions of system safety program plans,
24 investigation reports, surveys, schedules, lists, data, or
25 information compiled, collected, or prepared by or for the
26 Department of Transportation under Sections 2705-300 and
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1 2705-616 of the Department of Transportation Law of the
2 Civil Administrative Code of Illinois, the Regional
3 Transportation Authority under Section 2.11 of the
4 Regional Transportation Authority Act, or the St. Clair
5 County Transit District under the Bi-State Transit Safety
6 Act (repealed).
7 (q) Information prohibited from being disclosed by the
8 Personnel Record Review Act.
9 (r) Information prohibited from being disclosed by the
10 Illinois School Student Records Act.
11 (s) Information the disclosure of which is restricted
12 under Section 5-108 of the Public Utilities Act.
13 (t) (Blank).
14 (u) Records and information provided to an independent
15 team of experts under the Developmental Disability and
16 Mental Health Safety Act (also known as Brian's Law).
17 (v) Names and information of people who have applied
18 for or received Firearm Owner's Identification Cards under
19 the Firearm Owners Identification Card Act or applied for
20 or received a concealed carry license under the Firearm
21 Concealed Carry Act, unless otherwise authorized by the
22 Firearm Concealed Carry Act; and databases under the
23 Firearm Concealed Carry Act, records of the Concealed
24 Carry Licensing Review Board under the Firearm Concealed
25 Carry Act, and law enforcement agency objections under the
26 Firearm Concealed Carry Act.
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1 (v-5) Records of the Firearm Owner's Identification
2 Card Review Board that are exempted from disclosure under
3 Section 10 of the Firearm Owners Identification Card Act.
4 (w) Personally identifiable information which is
5 exempted from disclosure under subsection (g) of Section
6 19.1 of the Toll Highway Act.
7 (x) Information which is exempted from disclosure
8 under Section 5-1014.3 of the Counties Code or Section
9 8-11-21 of the Illinois Municipal Code.
10 (y) Confidential information under the Adult
11 Protective Services Act and its predecessor enabling
12 statute, the Elder Abuse and Neglect Act, including
13 information about the identity and administrative finding
14 against any caregiver of a verified and substantiated
15 decision of abuse, neglect, or financial exploitation of
16 an eligible adult maintained in the Registry established
17 under Section 7.5 of the Adult Protective Services Act.
18 (z) Records and information provided to a fatality
19 review team or the Illinois Fatality Review Team Advisory
20 Council under Section 15 of the Adult Protective Services
21 Act.
22 (aa) Information which is exempted from disclosure
23 under Section 2.37 of the Wildlife Code.
24 (bb) Information which is or was prohibited from
25 disclosure by the Juvenile Court Act of 1987.
26 (cc) Recordings made under the Law Enforcement
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1 Officer-Worn Body Camera Act, except to the extent
2 authorized under that Act.
3 (dd) Information that is prohibited from being
4 disclosed under Section 45 of the Condominium and Common
5 Interest Community Ombudsperson Act.
6 (ee) Information that is exempted from disclosure
7 under Section 30.1 of the Pharmacy Practice Act.
8 (ff) Information that is exempted from disclosure
9 under the Revised Uniform Unclaimed Property Act.
10 (gg) Information that is prohibited from being
11 disclosed under Section 7-603.5 of the Illinois Vehicle
12 Code.
13 (hh) Records that are exempt from disclosure under
14 Section 1A-16.7 of the Election Code.
15 (ii) Information which is exempted from disclosure
16 under Section 2505-800 of the Department of Revenue Law of
17 the Civil Administrative Code of Illinois.
18 (jj) Information and reports that are required to be
19 submitted to the Department of Labor by registering day
20 and temporary labor service agencies but are exempt from
21 disclosure under subsection (a-1) of Section 45 of the Day
22 and Temporary Labor Services Act.
23 (kk) Information prohibited from disclosure under the
24 Seizure and Forfeiture Reporting Act.
25 (ll) Information the disclosure of which is restricted
26 and exempted under Section 5-30.8 of the Illinois Public
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1 Aid Code.
2 (mm) Records that are exempt from disclosure under
3 Section 4.2 of the Crime Victims Compensation Act.
4 (nn) Information that is exempt from disclosure under
5 Section 70 of the Higher Education Student Assistance Act.
6 (oo) Communications, notes, records, and reports
7 arising out of a peer support counseling session
8 prohibited from disclosure under the First Responders
9 Suicide Prevention Act.
10 (pp) Names and all identifying information relating to
11 an employee of an emergency services provider or law
12 enforcement agency under the First Responders Suicide
13 Prevention Act.
14 (qq) Information and records held by the Department of
15 Public Health and its authorized representatives collected
16 under the Reproductive Health Act.
17 (rr) Information that is exempt from disclosure under
18 the Cannabis Regulation and Tax Act.
19 (ss) Data reported by an employer to the Department of
20 Human Rights pursuant to Section 2-108 of the Illinois
21 Human Rights Act.
22 (tt) Recordings made under the Children's Advocacy
23 Center Act, except to the extent authorized under that
24 Act.
25 (uu) Information that is exempt from disclosure under
26 Section 50 of the Sexual Assault Evidence Submission Act.
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1 (vv) Information that is exempt from disclosure under
2 subsections (f) and (j) of Section 5-36 of the Illinois
3 Public Aid Code.
4 (ww) Information that is exempt from disclosure under
5 Section 16.8 of the State Treasurer Act.
6 (xx) Information that is exempt from disclosure or
7 information that shall not be made public under the
8 Illinois Insurance Code.
9 (yy) Information prohibited from being disclosed under
10 the Illinois Educational Labor Relations Act.
11 (zz) Information prohibited from being disclosed under
12 the Illinois Public Labor Relations Act.
13 (aaa) Information prohibited from being disclosed
14 under Section 1-167 of the Illinois Pension Code.
15 (bbb) Information that is prohibited from disclosure
16 by the Illinois Police Training Act and the Illinois State
17 Police Act.
18 (ccc) Records exempt from disclosure under Section
19 2605-304 of the Illinois State Police Law of the Civil
20 Administrative Code of Illinois.
21 (ddd) Information prohibited from being disclosed
22 under Section 35 of the Address Confidentiality for
23 Victims of Domestic Violence, Sexual Assault, Human
24 Trafficking, or Stalking Act.
25 (eee) Information prohibited from being disclosed
26 under subsection (b) of Section 75 of the Domestic
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1 Violence Fatality Review Act.
2 (fff) Images from cameras under the Expressway Camera
3 Act. This subsection (fff) is inoperative on and after
4 July 1, 2025.
5 (ggg) Information prohibited from disclosure under
6 paragraph (3) of subsection (a) of Section 14 of the Nurse
7 Agency Licensing Act.
8 (hhh) Information submitted to the Illinois State
9 Police in an affidavit or application for an assault
10 weapon endorsement, assault weapon attachment endorsement,
11 .50 caliber rifle endorsement, or .50 caliber cartridge
12 endorsement under the Firearm Owners Identification Card
13 Act.
14 (iii) Data exempt from disclosure under Section 50 of
15 the School Safety Drill Act.
16 (jjj) (hhh) Information exempt from disclosure under
17 Section 30 of the Insurance Data Security Law.
18 (kkk) (iii) Confidential business information
19 prohibited from disclosure under Section 45 of the Paint
20 Stewardship Act.
21 (lll) (Reserved).
22 (mmm) (iii) Information prohibited from being
23 disclosed under subsection (e) of Section 1-129 of the
24 Illinois Power Agency Act.
25 (nnn) Information that is exempt from disclosure under
26 Section 7-101 of the Illinois Human Rights Act.
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1 (Source: P.A. 102-36, eff. 6-25-21; 102-237, eff. 1-1-22;
2 102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff.
3 8-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22;
4 102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff.
5 6-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372,
6 eff. 1-1-24; 103-508, eff. 8-4-23; 103-580, eff. 12-8-23;
7 revised 1-2-24.)
8 (Text of Section after amendment by P.A. 103-472)
9 Sec. 7.5. Statutory exemptions. To the extent provided for
10 by the statutes referenced below, the following shall be
11 exempt from inspection and copying:
12 (a) All information determined to be confidential
13 under Section 4002 of the Technology Advancement and
14 Development Act.
15 (b) Library circulation and order records identifying
16 library users with specific materials under the Library
17 Records Confidentiality Act.
18 (c) Applications, related documents, and medical
19 records received by the Experimental Organ Transplantation
20 Procedures Board and any and all documents or other
21 records prepared by the Experimental Organ Transplantation
22 Procedures Board or its staff relating to applications it
23 has received.
24 (d) Information and records held by the Department of
25 Public Health and its authorized representatives relating
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1 to known or suspected cases of sexually transmissible
2 disease or any information the disclosure of which is
3 restricted under the Illinois Sexually Transmissible
4 Disease Control Act.
5 (e) Information the disclosure of which is exempted
6 under Section 30 of the Radon Industry Licensing Act.
7 (f) Firm performance evaluations under Section 55 of
8 the Architectural, Engineering, and Land Surveying
9 Qualifications Based Selection Act.
10 (g) Information the disclosure of which is restricted
11 and exempted under Section 50 of the Illinois Prepaid
12 Tuition Act.
13 (h) Information the disclosure of which is exempted
14 under the State Officials and Employees Ethics Act, and
15 records of any lawfully created State or local inspector
16 general's office that would be exempt if created or
17 obtained by an Executive Inspector General's office under
18 that Act.
19 (i) Information contained in a local emergency energy
20 plan submitted to a municipality in accordance with a
21 local emergency energy plan ordinance that is adopted
22 under Section 11-21.5-5 of the Illinois Municipal Code.
23 (j) Information and data concerning the distribution
24 of surcharge moneys collected and remitted by carriers
25 under the Emergency Telephone System Act.
26 (k) Law enforcement officer identification information
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1 or driver identification information compiled by a law
2 enforcement agency or the Department of Transportation
3 under Section 11-212 of the Illinois Vehicle Code.
4 (l) Records and information provided to a residential
5 health care facility resident sexual assault and death
6 review team or the Executive Council under the Abuse
7 Prevention Review Team Act.
8 (m) Information provided to the predatory lending
9 database created pursuant to Article 3 of the Residential
10 Real Property Disclosure Act, except to the extent
11 authorized under that Article.
12 (n) Defense budgets and petitions for certification of
13 compensation and expenses for court appointed trial
14 counsel as provided under Sections 10 and 15 of the
15 Capital Crimes Litigation Act (repealed). This subsection
16 (n) shall apply until the conclusion of the trial of the
17 case, even if the prosecution chooses not to pursue the
18 death penalty prior to trial or sentencing.
19 (o) Information that is prohibited from being
20 disclosed under Section 4 of the Illinois Health and
21 Hazardous Substances Registry Act.
22 (p) Security portions of system safety program plans,
23 investigation reports, surveys, schedules, lists, data, or
24 information compiled, collected, or prepared by or for the
25 Department of Transportation under Sections 2705-300 and
26 2705-616 of the Department of Transportation Law of the
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1 Civil Administrative Code of Illinois, the Regional
2 Transportation Authority under Section 2.11 of the
3 Regional Transportation Authority Act, or the St. Clair
4 County Transit District under the Bi-State Transit Safety
5 Act (repealed).
6 (q) Information prohibited from being disclosed by the
7 Personnel Record Review Act.
8 (r) Information prohibited from being disclosed by the
9 Illinois School Student Records Act.
10 (s) Information the disclosure of which is restricted
11 under Section 5-108 of the Public Utilities Act.
12 (t) (Blank).
13 (u) Records and information provided to an independent
14 team of experts under the Developmental Disability and
15 Mental Health Safety Act (also known as Brian's Law).
16 (v) Names and information of people who have applied
17 for or received Firearm Owner's Identification Cards under
18 the Firearm Owners Identification Card Act or applied for
19 or received a concealed carry license under the Firearm
20 Concealed Carry Act, unless otherwise authorized by the
21 Firearm Concealed Carry Act; and databases under the
22 Firearm Concealed Carry Act, records of the Concealed
23 Carry Licensing Review Board under the Firearm Concealed
24 Carry Act, and law enforcement agency objections under the
25 Firearm Concealed Carry Act.
26 (v-5) Records of the Firearm Owner's Identification
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1 Card Review Board that are exempted from disclosure under
2 Section 10 of the Firearm Owners Identification Card Act.
3 (w) Personally identifiable information which is
4 exempted from disclosure under subsection (g) of Section
5 19.1 of the Toll Highway Act.
6 (x) Information which is exempted from disclosure
7 under Section 5-1014.3 of the Counties Code or Section
8 8-11-21 of the Illinois Municipal Code.
9 (y) Confidential information under the Adult
10 Protective Services Act and its predecessor enabling
11 statute, the Elder Abuse and Neglect Act, including
12 information about the identity and administrative finding
13 against any caregiver of a verified and substantiated
14 decision of abuse, neglect, or financial exploitation of
15 an eligible adult maintained in the Registry established
16 under Section 7.5 of the Adult Protective Services Act.
17 (z) Records and information provided to a fatality
18 review team or the Illinois Fatality Review Team Advisory
19 Council under Section 15 of the Adult Protective Services
20 Act.
21 (aa) Information which is exempted from disclosure
22 under Section 2.37 of the Wildlife Code.
23 (bb) Information which is or was prohibited from
24 disclosure by the Juvenile Court Act of 1987.
25 (cc) Recordings made under the Law Enforcement
26 Officer-Worn Body Camera Act, except to the extent
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1 authorized under that Act.
2 (dd) Information that is prohibited from being
3 disclosed under Section 45 of the Condominium and Common
4 Interest Community Ombudsperson Act.
5 (ee) Information that is exempted from disclosure
6 under Section 30.1 of the Pharmacy Practice Act.
7 (ff) Information that is exempted from disclosure
8 under the Revised Uniform Unclaimed Property Act.
9 (gg) Information that is prohibited from being
10 disclosed under Section 7-603.5 of the Illinois Vehicle
11 Code.
12 (hh) Records that are exempt from disclosure under
13 Section 1A-16.7 of the Election Code.
14 (ii) Information which is exempted from disclosure
15 under Section 2505-800 of the Department of Revenue Law of
16 the Civil Administrative Code of Illinois.
17 (jj) Information and reports that are required to be
18 submitted to the Department of Labor by registering day
19 and temporary labor service agencies but are exempt from
20 disclosure under subsection (a-1) of Section 45 of the Day
21 and Temporary Labor Services Act.
22 (kk) Information prohibited from disclosure under the
23 Seizure and Forfeiture Reporting Act.
24 (ll) Information the disclosure of which is restricted
25 and exempted under Section 5-30.8 of the Illinois Public
26 Aid Code.
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1 (mm) Records that are exempt from disclosure under
2 Section 4.2 of the Crime Victims Compensation Act.
3 (nn) Information that is exempt from disclosure under
4 Section 70 of the Higher Education Student Assistance Act.
5 (oo) Communications, notes, records, and reports
6 arising out of a peer support counseling session
7 prohibited from disclosure under the First Responders
8 Suicide Prevention Act.
9 (pp) Names and all identifying information relating to
10 an employee of an emergency services provider or law
11 enforcement agency under the First Responders Suicide
12 Prevention Act.
13 (qq) Information and records held by the Department of
14 Public Health and its authorized representatives collected
15 under the Reproductive Health Act.
16 (rr) Information that is exempt from disclosure under
17 the Cannabis Regulation and Tax Act.
18 (ss) Data reported by an employer to the Department of
19 Human Rights pursuant to Section 2-108 of the Illinois
20 Human Rights Act.
21 (tt) Recordings made under the Children's Advocacy
22 Center Act, except to the extent authorized under that
23 Act.
24 (uu) Information that is exempt from disclosure under
25 Section 50 of the Sexual Assault Evidence Submission Act.
26 (vv) Information that is exempt from disclosure under
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1 subsections (f) and (j) of Section 5-36 of the Illinois
2 Public Aid Code.
3 (ww) Information that is exempt from disclosure under
4 Section 16.8 of the State Treasurer Act.
5 (xx) Information that is exempt from disclosure or
6 information that shall not be made public under the
7 Illinois Insurance Code.
8 (yy) Information prohibited from being disclosed under
9 the Illinois Educational Labor Relations Act.
10 (zz) Information prohibited from being disclosed under
11 the Illinois Public Labor Relations Act.
12 (aaa) Information prohibited from being disclosed
13 under Section 1-167 of the Illinois Pension Code.
14 (bbb) Information that is prohibited from disclosure
15 by the Illinois Police Training Act and the Illinois State
16 Police Act.
17 (ccc) Records exempt from disclosure under Section
18 2605-304 of the Illinois State Police Law of the Civil
19 Administrative Code of Illinois.
20 (ddd) Information prohibited from being disclosed
21 under Section 35 of the Address Confidentiality for
22 Victims of Domestic Violence, Sexual Assault, Human
23 Trafficking, or Stalking Act.
24 (eee) Information prohibited from being disclosed
25 under subsection (b) of Section 75 of the Domestic
26 Violence Fatality Review Act.
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1 (fff) Images from cameras under the Expressway Camera
2 Act. This subsection (fff) is inoperative on and after
3 July 1, 2025.
4 (ggg) Information prohibited from disclosure under
5 paragraph (3) of subsection (a) of Section 14 of the Nurse
6 Agency Licensing Act.
7 (hhh) Information submitted to the Illinois State
8 Police in an affidavit or application for an assault
9 weapon endorsement, assault weapon attachment endorsement,
10 .50 caliber rifle endorsement, or .50 caliber cartridge
11 endorsement under the Firearm Owners Identification Card
12 Act.
13 (iii) Data exempt from disclosure under Section 50 of
14 the School Safety Drill Act.
15 (jjj) (hhh) Information exempt from disclosure under
16 Section 30 of the Insurance Data Security Law.
17 (kkk) (iii) Confidential business information
18 prohibited from disclosure under Section 45 of the Paint
19 Stewardship Act.
20 (lll) (iii) Data exempt from disclosure under Section
21 2-3.196 of the School Code.
22 (mmm) (iii) Information prohibited from being
23 disclosed under subsection (e) of Section 1-129 of the
24 Illinois Power Agency Act.
25 (nnn) Information that is exempt from disclosure under
26 Section 7-101 of the Illinois Human Rights Act.
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1 (Source: P.A. 102-36, eff. 6-25-21; 102-237, eff. 1-1-22;
2 102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff.
3 8-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22;
4 102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff.
5 6-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372,
6 eff. 1-1-24; 103-472, eff. 8-1-24; 103-508, eff. 8-4-23;
7 103-580, eff. 12-8-23; revised 1-2-24.)
8 Section 5. The Illinois Human Rights Act is amended by
9 changing Sections 3-101, 3-102, 8-101, 8-111, 8B-104, 10-103,
10 and 10-104 as follows:
11 (775 ILCS 5/3-101) (from Ch. 68, par. 3-101)
12 Sec. 3-101. Definitions. The following definitions are
13 applicable strictly in the context of this Article:
14 (A) Real Property. "Real property" includes buildings,
15 structures, real estate, lands, tenements, leaseholds,
16 interests in real estate cooperatives, condominiums, and
17 hereditaments, corporeal and incorporeal, or any interest
18 therein.
19 (B) Real Estate Transaction. "Real estate transaction"
20 includes the sale, exchange, rental or lease of real property,
21 or any act that otherwise makes available such a transaction
22 or alters a person's rights to real property. "Real estate
23 transaction" also includes the brokering or appraising of
24 residential real property and the making or purchasing of
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1 loans or providing other financial assistance:
2 (1) for purchasing, constructing, improving, repairing
3 or maintaining a dwelling; or
4 (2) secured by residential real estate.
5 (C) Housing Accommodations. "Housing accommodation"
6 includes any improved or unimproved real property, or part
7 thereof, which is used or occupied, or is intended, arranged
8 or designed to be used or occupied, as the home or residence of
9 one or more individuals.
10 (D) Real Estate Broker or Salesman. "Real estate broker or
11 salesman" means a person, whether licensed or not, who, for or
12 with the expectation of receiving a consideration, lists,
13 sells, purchases, exchanges, rents, or leases real property,
14 or who negotiates or attempts to negotiate any of these
15 activities, or who holds oneself out as engaged in these.
16 (E) Familial Status. "Familial status" means one or more
17 individuals (who have not attained the age of 18 years) being
18 domiciled with:
19 (1) a parent or person having legal custody of such
20 individual or individuals; or
21 (2) the designee of such parent or other person having
22 such custody, with the written permission of such parent
23 or other person.
24 The protections afforded by this Article against
25 discrimination on the basis of familial status apply to any
26 person who is pregnant or is in the process of securing legal
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1 custody of any individual who has not attained the age of 18
2 years.
3 (F) Conciliation. "Conciliation" means the attempted
4 resolution of issues raised by a charge, or by the
5 investigation of such charge, through informal negotiations
6 involving the aggrieved party, the respondent and the
7 Department.
8 (G) Conciliation Agreement. "Conciliation agreement" means
9 a written agreement setting forth the resolution of the issues
10 in conciliation.
11 (H) Covered Multifamily Dwellings. As used in Section
12 3-102.1, "covered multifamily dwellings" means:
13 (1) buildings consisting of 4 or more units if such
14 buildings have one or more elevators; and
15 (2) ground floor units in other buildings consisting
16 of 4 or more units.
17 (I) Immigration Status. "Immigration status" means a
18 person's actual or perceived citizenship or immigration
19 status.
20 (Source: P.A. 103-232, eff. 1-1-24.)
21 (775 ILCS 5/3-102) (from Ch. 68, par. 3-102)
22 Sec. 3-102. Civil rights violations; real estate
23 transactions and other prohibited acts. It is a civil rights
24 violation for an owner or any other person, or for a real
25 estate broker or salesman, because of unlawful discrimination,
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1 familial status, immigration status, source of income, or an
2 arrest record, as defined under subsection (B-5) of Section
3 1-103, to:
4 (A) Transactions. Refuse to engage in a real estate
5 transaction with a person or deny real property, or to
6 discriminate in making available such a transaction;
7 (B) Terms. Alter the terms, conditions or privileges
8 of a real estate transaction or in the furnishing of
9 facilities or services in connection therewith;
10 (C) Offers. Refuse to receive or to fail to transmit a
11 bona fide offer in a real estate transaction from a
12 person;
13 (D) Negotiation. Refuse to negotiate a real estate
14 transaction with a person;
15 (E) Representations. Represent to a person that real
16 property is not available for inspection, sale, rental, or
17 lease when in fact it is so available, or to fail to bring
18 a property listing to the person's attention, or to refuse
19 to permit the person to inspect real property;
20 (F) Publication of Intent. Make, print, circulate,
21 post, mail, publish or cause to be made, printed,
22 circulated, posted, mailed, or published any notice,
23 statement, advertisement or sign, or use a form of
24 application for a real estate transaction, or make a
25 record or inquiry in connection with a prospective real
26 estate transaction, that indicates any preference,
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1 limitation, or discrimination based on unlawful
2 discrimination or unlawful discrimination based on
3 familial status, immigration status, source of income, or
4 an arrest record, or an intention to make any such
5 preference, limitation, or discrimination;
6 (G) Listings. Offer, solicit, accept, use or retain a
7 listing of real property with knowledge that unlawful
8 discrimination or discrimination on the basis of familial
9 status, immigration status, source of income, or an arrest
10 record in a real estate transaction is intended.
11 (H) Criteria. Use criteria or methods that have the
12 effect of subjecting individuals to unlawful
13 discrimination or discrimination based on familial status,
14 immigration status, source of income, or an arrest record
15 in a real estate transaction. Such criteria or methods are
16 unlawful under this subsection if they are not necessary
17 to achieve a substantial, legitimate, non-discriminatory
18 interest; or if the substantial, legitimate,
19 non-discriminatory interest could be served by another
20 practice that has a less discriminatory effect.
21 (Source: P.A. 102-896, eff. 1-1-23; 103-232, eff. 1-1-24.)
22 (775 ILCS 5/8-101)
23 Sec. 8-101. Illinois Human Rights Commission.
24 (A) Creation; appointments. The Human Rights Commission is
25 created to consist of 7 members appointed by the Governor with
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1 the advice and consent of the Senate. No more than 4 members
2 shall be of the same political party. The Governor shall
3 designate one member as chairperson. All appointments shall be
4 in writing and filed with the Secretary of State as a public
5 record.
6 (B) Terms. Of the members first appointed, 4 shall be
7 appointed for a term to expire on the third Monday of January,
8 2021, and 3 (including the Chairperson) shall be appointed for
9 a term to expire on the third Monday of January, 2023.
10 Notwithstanding any provision of this Section to the
11 contrary, the term of office of each member of the Illinois
12 Human Rights Commission is abolished on January 19, 2019.
13 Incumbent members holding a position on the Commission that
14 was created by Public Act 84-115 and whose terms, if not for
15 Public Act 100-1066 this amendatory Act of the 100th General
16 Assembly, would have expired January 18, 2021 shall continue
17 to exercise all of the powers and be subject to all of the
18 duties of members of the Commission until June 30, 2019 or
19 until their respective successors are appointed and qualified,
20 whichever is earlier.
21 Thereafter, each member shall serve for a term of 4 years
22 and until the member's successor is appointed and qualified;
23 except that any member chosen to fill a vacancy occurring
24 otherwise than by expiration of a term shall be appointed only
25 for the unexpired term of the member whom the member shall
26 succeed and until the member's successor is appointed and
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1 qualified.
2 (C) Vacancies.
3 (1) In the case of vacancies on the Commission during
4 a recess of the Senate, the Governor shall make a
5 temporary appointment until the next meeting of the Senate
6 when the Governor shall appoint a person to fill the
7 vacancy. Any person so nominated and confirmed by the
8 Senate shall hold office for the remainder of the term and
9 until the person's successor is appointed and qualified.
10 (2) If the Senate is not in session at the time this
11 Act takes effect, the Governor shall make temporary
12 appointments to the Commission as in the case of
13 vacancies.
14 (3) Vacancies in the Commission shall not impair the
15 right of the remaining members to exercise all the powers
16 of the Commission. Except when authorized by this Act to
17 proceed through a 3 member panel, a majority of the
18 members of the Commission then in office shall constitute
19 a quorum.
20 (D) Compensation. On and after January 19, 2019, the
21 Chairperson of the Commission shall be compensated at the rate
22 of $125,000 per year, or as set by the Compensation Review
23 Board, whichever is greater, during the Chairperson's service
24 as Chairperson, and each other member shall be compensated at
25 the rate of $119,000 per year, or as set by the Compensation
26 Review Board, whichever is greater. In addition, all members
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1 of the Commission shall be reimbursed for expenses actually
2 and necessarily incurred by them in the performance of their
3 duties.
4 (E) (Blank). Notwithstanding the general supervisory
5 authority of the Chairperson, each commissioner, unless
6 appointed to the special temporary panel created under
7 subsection (H), has the authority to hire and supervise a
8 staff attorney. The staff attorney shall report directly to
9 the individual commissioner.
10 (F) A formal training program for newly appointed
11 commissioners shall be implemented. The training program shall
12 include the following:
13 (1) substantive and procedural aspects of the office
14 of commissioner;
15 (2) current issues in employment and housing
16 discrimination and public accommodation law and practice;
17 (3) orientation to each operational unit of the Human
18 Rights Commission;
19 (4) observation of experienced hearing officers and
20 commissioners conducting hearings of cases, combined with
21 the opportunity to discuss evidence presented and rulings
22 made;
23 (5) the use of hypothetical cases requiring the newly
24 appointed commissioner to issue judgments as a means of
25 evaluating knowledge and writing ability;
26 (6) writing skills; and
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1 (7) professional and ethical standards.
2 A formal and ongoing professional development program
3 including, but not limited to, the above-noted areas shall be
4 implemented to keep commissioners informed of recent
5 developments and issues and to assist them in maintaining and
6 enhancing their professional competence. Each commissioner
7 shall complete 20 hours of training in the above-noted areas
8 during every 2 years the commissioner remains in office.
9 (G) Commissioners must meet one of the following
10 qualifications:
11 (1) licensed to practice law in the State of Illinois;
12 (2) at least 3 years of experience as a hearing
13 officer at the Human Rights Commission; or
14 (3) at least 4 years of professional experience
15 working for or dealing with individuals or corporations
16 affected by this Act or similar laws in other
17 jurisdictions, including, but not limited to, experience
18 with a civil rights advocacy group, a fair housing group,
19 a community organization, a trade association, a union, a
20 law firm, a legal aid organization, an employer's human
21 resources department, an employment discrimination
22 consulting firm, a community affairs organization, or a
23 municipal human relations agency.
24 The Governor's appointment message, filed with the
25 Secretary of State and transmitted to the Senate, shall state
26 specifically how the experience of a nominee for commissioner
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1 meets the requirement set forth in this subsection. The
2 Chairperson must have public or private sector management and
3 budget experience, as determined by the Governor.
4 Each commissioner shall devote full time to the
5 commissioner's duties and any commissioner who is an attorney
6 shall not engage in the practice of law, nor shall any
7 commissioner hold any other office or position of profit under
8 the United States or this State or any municipal corporation
9 or political subdivision of this State, nor engage in any
10 other business, employment, or vocation.
11 (H) (Blank).
12 (Source: P.A. 102-1129, eff. 2-10-23; 103-326, eff. 1-1-24;
13 revised 12-15-23.)
14 (775 ILCS 5/8-111) (from Ch. 68, par. 8-111)
15 Sec. 8-111. Court Proceedings.
16 (A) Civil Actions Commenced in Circuit Court.
17 (1) Venue. Civil actions commenced in a circuit court
18 pursuant to Section 7A-102 or 8B-102 shall be commenced in
19 the circuit court in the county in which the civil rights
20 violation was allegedly committed.
21 (2) If a civil action is commenced in a circuit court,
22 the form of the complaint shall be in accordance with the
23 Code of Civil Procedure.
24 (3) Jury Trial. If a civil action is commenced in a
25 circuit court under Section 7A-102 or 8B-102, the
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1 plaintiff or defendant may demand trial by jury.
2 (4) Remedies. Upon the finding of a civil rights
3 violation, the circuit court or jury may award any of the
4 remedies set forth in Section 8A-104 or 8B-104.
5 (B) Judicial Review.
6 (1) Any complainant or respondent may apply for and
7 obtain judicial review of a final order of the Commission
8 entered under this Act by filing a petition for review in
9 the Appellate Court within 35 days from the date that a
10 copy of the decision sought to be reviewed was served upon
11 the party affected by the decision. If a 3-member panel or
12 the full Commission finds that an interlocutory order
13 involves a question of law as to which there is
14 substantial ground for difference of opinion and that an
15 immediate appeal from the order may materially advance the
16 ultimate termination of the litigation, any party may
17 petition the Appellate Court for permission to appeal the
18 order. The procedure for obtaining the required Commission
19 findings and the permission of the Appellate Court shall
20 be governed by Supreme Court Rule 308, except the
21 references to the "trial court" shall be understood as
22 referring to the Commission.
23 (2) In any proceeding brought for judicial review, the
24 Commission's findings of fact shall be sustained unless
25 the court determines that such findings are contrary to
26 the manifest weight of the evidence.
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1 (3) Venue. Proceedings for judicial review shall be
2 commenced in the appellate court for the district wherein
3 the civil rights violation which is the subject of the
4 Commission's order was allegedly committed.
5 (C) Judicial Enforcement.
6 (1) When the Commission, at the instance of the
7 Department or an aggrieved party, concludes that any
8 person has violated a valid order of the Commission issued
9 pursuant to this Act, and the violation and its effects
10 are not promptly corrected, the Commission, through a
11 panel of 3 members, shall order the Department to commence
12 an action in the name of the People of the State of
13 Illinois by complaint, alleging the violation, attaching a
14 copy of the order of the Commission and praying for the
15 issuance of an order directing such person, his or her or
16 its officers, agents, servants, successors and assigns to
17 comply with the order of the Commission.
18 (2) An aggrieved party may file a complaint for
19 enforcement of a valid order of the Commission directly in
20 Circuit Court.
21 (3) Upon the commencement of an action filed under
22 paragraphs (1) or (2) of this subsection, the court shall
23 have jurisdiction over the proceedings and power to grant
24 or refuse, in whole or in part, the relief sought or impose
25 such other remedy as the court may deem proper.
26 (4) The court may stay an order of the Commission in
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1 accordance with the applicable Supreme Court rules,
2 pending disposition of the proceedings.
3 (5) The court may punish for any violation of its
4 order as in the case of civil contempt.
5 (6) Venue. Proceedings for judicial enforcement of a
6 Commission order shall be commenced in the circuit court
7 in the county wherein the civil rights violation which is
8 the subject of the Commission's order was committed.
9 (7) Enforcement of judicial order. An aggrieved party
10 may take action to collect on a judicial order issued by
11 the Circuit Court in an enforcement action initiated by
12 the State, regardless of whether or not the aggrieved
13 party intervened in an enforcement action.
14 (D) Limitation. Except as otherwise provided by law, no
15 court of this state shall have jurisdiction over the subject
16 of an alleged civil rights violation other than as set forth in
17 this Act.
18 (E) This amendatory Act of 1996 applies to causes of
19 action filed on or after January 1, 1996.
20 (F) The changes made to this Section by this amendatory
21 Act of the 95th General Assembly apply to charges or
22 complaints filed with the Department or the Commission on or
23 after the effective date of those changes.
24 (Source: P.A. 101-661, eff. 4-2-21; 102-706, eff. 4-22-22.)
25 (775 ILCS 5/8B-104) (from Ch. 68, par. 8B-104)
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1 Sec. 8B-104. Relief; penalties. Upon finding a civil
2 rights violation, a hearing officer may recommend and the
3 Commission or any three-member panel thereof may provide for
4 any relief or penalty identified in this Section, separately
5 or in combination, by entering an order directing the
6 respondent to:
7 (A) Cease and Desist Order. Cease and desist from any
8 violation of this Act.
9 (B) Actual Damages. Pay actual damages, as reasonably
10 determined by the Commission, for injury or loss suffered
11 by the complainant.
12 (C) Civil Penalty. Pay a civil penalty per violation
13 to vindicate the public interest. In imposing a civil
14 penalty to vindicate the public interest, a separate
15 penalty may be imposed for each specific act constituting
16 a civil rights violation as defined in Section 1-103, and
17 for each aggrieved party injured by the civil rights
18 violation:
19 (i) in an amount not exceeding $16,000 if the
20 respondent has not been adjudged to have committed any
21 prior civil rights violation under Article 3;
22 (ii) in an amount not exceeding $42,500 if the
23 respondent has been adjudged to have committed one
24 other civil rights violation under Article 3 during
25 the 5-year period ending on the date of the filing of
26 this charge; and
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1 (iii) in an amount not exceeding $70,000 if the
2 respondent has been adjudged to have committed 2 or
3 more civil rights violations under Article 3 during
4 the 7-year period ending on the date of the filing of
5 this charge; except that if the acts constituting the
6 civil rights violation that is the object of the
7 charge are committed by the same natural person who
8 has been previously adjudged to have committed acts
9 constituting a civil rights violation under Article 3,
10 then the civil penalties set forth in subparagraphs
11 (ii) and (iii) may be imposed without regard to the
12 period of time within which any subsequent civil
13 rights violation under Article 3 occurred.
14 (D) Attorney Fees; Costs. Pay to the complainant all
15 or a portion of the costs of maintaining the action,
16 including reasonable attorneys fees and expert witness
17 fees incurred in maintaining this action before the
18 Department, the Commission and in any judicial review and
19 judicial enforcement proceedings.
20 (E) Compliance Report. Report as to the manner of
21 compliance.
22 (F) Posting of Notices. Post notices in a conspicuous
23 place which the Commission may publish or cause to be
24 published setting forth requirements for compliance with
25 this Act or other relevant information which the
26 Commission determines necessary to explain this Act.
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1 (G) Make Complainant Whole. Take such action as may be
2 necessary to make the individual complainant whole,
3 including, but not limited to, awards of interest on the
4 complainant's actual damages from the date of the civil
5 rights violation.
6 (Source: P.A. 99-548, eff. 1-1-17.)
7 (775 ILCS 5/10-103) (from Ch. 68, par. 10-103)
8 Sec. 10-103. Circuit court actions pursuant to election.
9 (A) If an election is made under Section 8B-102, the
10 Department shall authorize and, not later than 30 days after
11 the entry of the administrative closure order is entered by
12 the Commission and served on the Department, the Attorney
13 General shall commence and maintain a civil action on behalf
14 of the aggrieved party in a circuit court of Illinois seeking
15 relief under this Section. Venue for such civil action shall
16 be determined under Section 8-111(A)(1).
17 (B) Any aggrieved party with respect to the issues to be
18 determined in a civil action under this Section may intervene
19 as of right in that civil action.
20 (C) In a civil action under this Section, if the court
21 finds that a civil rights violation has occurred or is about to
22 occur the court may grant as relief any relief which a court
23 could grant with respect to such civil rights violation in a
24 civil action under Section 10-102. Any relief so granted that
25 would accrue to an aggrieved party in a civil action commenced
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1 by that aggrieved party under Section 10-102 shall also accrue
2 to that aggrieved party in a civil action under this Section.
3 If monetary relief is sought for the benefit of an aggrieved
4 party who does not intervene in the civil action, the court
5 shall not award such relief if that aggrieved party has not
6 complied with discovery orders entered by the court.
7 (Source: P.A. 101-530, eff. 1-1-20; 101-661, eff. 4-2-21.)
8 (775 ILCS 5/10-104)
9 Sec. 10-104. Circuit Court Actions by the Illinois
10 Attorney General.
11 (A) Standing, venue, limitations on actions, preliminary
12 investigations, notice, and Assurance of Voluntary Compliance.
13 (1) Whenever the Illinois Attorney General has
14 reasonable cause to believe that any person or group of
15 persons is engaged in a pattern and practice of
16 discrimination prohibited by this Act, the Illinois
17 Attorney General may commence a civil action in the name
18 of the People of the State, as parens patriae on behalf of
19 persons within the State to enforce the provisions of this
20 Act in any appropriate circuit court. Venue for this civil
21 action shall be determined under paragraph (1) of
22 subsection (A) of Section 8-111. Such actions shall be
23 commenced no later than 2 years after the occurrence or
24 the termination of an alleged civil rights violation or
25 the breach of a conciliation agreement or Assurance of
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1 Voluntary Compliance entered into under this Act,
2 whichever occurs last, to obtain relief with respect to
3 the alleged civil rights violation or breach.
4 (2) Prior to initiating a civil action, the Attorney
5 General shall conduct a preliminary investigation to
6 determine whether there is reasonable cause to believe
7 that any person or group of persons is engaged in a pattern
8 and practice of discrimination declared unlawful by this
9 Act and whether the dispute can be resolved without
10 litigation. In conducting this investigation, the Attorney
11 General may:
12 (a) require the individual or entity to file a
13 statement or report in writing under oath or
14 otherwise, as to all information the Attorney General
15 may consider necessary;
16 (b) examine under oath any person alleged to have
17 participated in or with knowledge of the alleged
18 pattern and practice violation; or
19 (c) issue subpoenas or conduct hearings in aid of
20 any investigation.
21 (3) Service by the Attorney General of any notice
22 requiring a person to file a statement or report, or of a
23 subpoena upon any person, shall be made:
24 (a) personally by delivery of a duly executed copy
25 thereof to the person to be served or, if a person is
26 not a natural person, in the manner provided in the
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1 Code of Civil Procedure when a complaint is filed; or
2 (b) by mailing by certified mail a duly executed
3 copy thereof to the person to be served at his or her
4 last known abode or principal place of business within
5 this State.
6 (4) In lieu of a civil action, the individual or
7 entity alleged to have engaged in a pattern or practice of
8 discrimination deemed violative of this Act may enter into
9 an Assurance of Voluntary Compliance with respect to the
10 alleged pattern or practice violation.
11 (5) The Illinois Attorney General may commence a civil
12 action under this subsection (A) whether or not a charge
13 has been filed under Sections 7A-102 or 7B-102 and without
14 regard to the status of any charge, however, if the
15 Department or local agency has obtained a conciliation or
16 settlement agreement or if the parties have entered into
17 an Assurance of Voluntary Compliance no action may be
18 filed under this subsection (A) with respect to the
19 alleged civil rights violation practice that forms the
20 basis for the complaint except for the purpose of
21 enforcing the terms of the conciliation or settlement
22 agreement or the terms of the Assurance of Voluntary
23 Compliance.
24 (6) Subpoenas.
25 (a) Petition for enforcement. Whenever any person
26 fails to comply with any subpoena issued under
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1 paragraph (2) of this subsection (A), or whenever
2 satisfactory copying or reproduction of any material
3 requested in an investigation cannot be done and the
4 person refuses to surrender the material, the Attorney
5 General may file in any appropriate circuit court, and
6 serve upon the person, a petition for a court order for
7 the enforcement of the subpoena or other request.
8 Venue for this enforcement action shall be determined
9 under paragraph (E)(1) of Section 8-104.
10 (b) Petition to modify or set aside a subpoena.
11 (i) Any person who has received a subpoena
12 issued under paragraph (2) of this subsection (A)
13 may file in the appropriate circuit court, and
14 serve upon the Attorney General, a petition for a
15 court order to modify or set aside the subpoena or
16 other request. The petition must be filed either
17 (I) within 20 days after the date of service of the
18 subpoena or at any time before the return date
19 specified in the subpoena, whichever date is
20 earlier, or (II) within such longer period as may
21 be prescribed in writing by the Attorney General.
22 (ii) The petition shall specify each ground
23 upon which the petitioner relies in seeking relief
24 under subdivision (i) and may be based upon any
25 failure of the subpoena to comply with the
26 provisions of this Section or upon any
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1 constitutional or other legal right or privilege
2 of the petitioner. During the pendency of the
3 petition in the court, the court may stay, as it
4 deems proper, the running of the time allowed for
5 compliance with the subpoena or other request, in
6 whole or in part, except that the petitioner shall
7 comply with any portion of the subpoena or other
8 request not sought to be modified or set aside.
9 (c) Jurisdiction. Whenever any petition is filed
10 in any circuit court under this paragraph (6), the
11 court shall have jurisdiction to hear and determine
12 the matter so presented and to enter such orders as may
13 be required to carry out the provisions of this
14 Section. Any final order so entered shall be subject
15 to appeal in the same manner as appeals of other final
16 orders in civil matters. Any disobedience of any final
17 order entered under this paragraph (6) by any court
18 shall be punished as a contempt of the court.
19 (B) Relief which may be granted.
20 (1) In any civil action brought pursuant to subsection
21 (A) of this Section, the Attorney General may obtain as a
22 remedy, equitable relief (including any permanent or
23 preliminary injunction, temporary restraining order, or
24 other order, including an order enjoining the defendant
25 from engaging in such civil rights violation or ordering
26 any action as may be appropriate). In addition, the
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1 Attorney General may request and the Court may impose
2 restitution to any aggrieved party injured by the pattern
3 or practice of discrimination, to the extent not covered
4 by other sources, and a civil penalty per civil rights
5 violation to vindicate the public interest. In imposing a
6 civil penalty to vindicate the public interest, each
7 instance in which a provision of this Act is violated as
8 part of a pattern or practice of discrimination may be
9 considered to constitute a separate violation or
10 violations, as may each aggrieved party harmed:
11 (a) for violations of this Act Article 3 and
12 Article 4 in an amount not exceeding $50,000 $25,000
13 per violation, and in the case of violations of all
14 other Articles in an amount not exceeding $10,000 if
15 the defendant has not been adjudged to have committed
16 any prior civil rights violations under any the
17 provision of the Act that is the basis of the
18 complaint;
19 (b) for violations of this Act Article 3 and
20 Article 4 in an amount not exceeding $75,000 $50,000
21 per violation, and in the case of violations of all
22 other Articles in an amount not exceeding $25,000 if
23 the defendant has been adjudged to have committed one
24 other civil rights violation under any the provision
25 of the Act within 5 years of the occurrence of the
26 civil rights violation that is the basis of the
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1 complaint; and
2 (c) for violations of this Act Article 3 and
3 Article 4 in an amount not exceeding $100,000 $75,000
4 per violation, and in the case of violations of all
5 other Articles in an amount not exceeding $50,000 if
6 the defendant has been adjudged to have committed 2 or
7 more civil rights violations under any the provision
8 of the Act within 5 years of the occurrence of the
9 civil rights violation that is the basis of the
10 complaint.
11 (2) A civil penalty imposed under subdivision (B)(1)
12 of this Section shall be deposited into the Attorney
13 General Court Ordered and Voluntary Compliance Payment
14 Projects Fund, which is a special fund in the State
15 Treasury. Moneys in the Fund shall be used, subject to
16 appropriation, for the performance of any function
17 pertaining to the exercise of the duties of the Attorney
18 General including but not limited to enforcement of any
19 law of this State and conducting public education
20 programs; however, any moneys in the Fund that are
21 required by the court or by an agreement to be used for a
22 particular purpose shall be used for that purpose.
23 (3) Aggrieved parties seeking actual damages must
24 follow the procedure set out in Sections 7A-102 or 7B-102
25 for filing a charge. An action brought by the Illinois
26 Attorney General pursuant to this Section is independent
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1 of any other action, remedy, or procedure that may be
2 available to an aggrieved party under any other provision
3 of law, including, but not limited to, an action, remedy,
4 or procedure brought pursuant to the procedures set out in
5 Section 7A-102 or 7B-102.
6 (Source: P.A. 101-661, eff. 4-2-21.)
7 Section 6. The Illinois Human Rights Act is amended by
8 changing Section 7-101 as follows:
9 (775 ILCS 5/7-101) (from Ch. 68, par. 7-101)
10 Sec. 7-101. Powers and duties. In addition to other powers
11 and duties prescribed in this Act, the Department shall have
12 the following powers:
13 (A) Rules and Regulations. To adopt, promulgate, amend,
14 and rescind rules and regulations not inconsistent with the
15 provisions of this Act pursuant to the Illinois Administrative
16 Procedure Act.
17 (B) Charges. To issue, receive, investigate, conciliate,
18 settle, and dismiss charges filed in conformity with this Act.
19 (C) Compulsory Process. To request subpoenas as it deems
20 necessary for its investigations.
21 (D) Complaints. To file complaints with the Commission in
22 conformity with this Act and to intervene in complaints
23 pending before the Commission filed under Article 2, 4, 5, 5A,
24 or 6.
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1 (E) Judicial Enforcement. To seek temporary relief and to
2 enforce orders of the Commission in conformity with this Act.
3 (F) Equal Employment Opportunities. To take such action as
4 may be authorized to provide for equal employment
5 opportunities and affirmative action.
6 (G) Recruitment; Research; Public Communication; Advisory
7 Councils. To engage in such recruitment, research and public
8 communication and create such advisory councils as may be
9 authorized to effectuate the purposes of this Act.
10 (H) Coordination with other Agencies. To coordinate its
11 activities with federal, state, and local agencies in
12 conformity with this Act.
13 (I) Grants; Private Gifts.
14 (1) To accept public grants and private gifts as may
15 be authorized.
16 (2) To design grant programs and award grants to
17 eligible recipients.
18 (J) Education and Training. To implement a formal and
19 unbiased program of education and training for all employees
20 assigned to investigate and conciliate charges under Articles
21 7A and 7B. The training program shall include the following:
22 (1) substantive and procedural aspects of the
23 investigation and conciliation positions;
24 (2) current issues in human rights law and practice;
25 (3) lectures by specialists in substantive areas
26 related to human rights matters;
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1 (4) orientation to each operational unit of the
2 Department and Commission;
3 (5) observation of experienced Department
4 investigators and attorneys conducting conciliation
5 conferences, combined with the opportunity to discuss
6 evidence presented and rulings made;
7 (6) the use of hypothetical cases requiring the
8 Department investigator and conciliation conference
9 attorney to issue judgments as a means to evaluating
10 knowledge and writing ability;
11 (7) writing skills;
12 (8) computer skills, including but not limited to word
13 processing and document management.
14 A formal, unbiased and ongoing professional development
15 program including, but not limited to, the above-noted areas
16 shall be implemented to keep Department investigators and
17 attorneys informed of recent developments and issues and to
18 assist them in maintaining and enhancing their professional
19 competence.
20 (K) Hotlines. To establish and maintain hotlines and
21 helplines to aid in effectuating the purposes of this Act
22 including the confidential reporting of discrimination,
23 harassment, and bias incidents. All communications received or
24 sent via the hotlines and helplines are exempt from disclosure
25 under the Freedom of Information Act.
26 (Source: P.A. 102-1115, eff. 1-9-23; 103-335, eff. 1-1-24.)
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1 (775 ILCS 5/8-113 rep.)
2 Section 10. The Illinois Human Rights Act is amended by
3 repealing Section 8-113.
4 Section 95. No acceleration or delay. Where this Act makes
5 changes in a statute that is represented in this Act by text
6 that is not yet or no longer in effect (for example, a Section
7 represented by multiple versions), the use of that text does
8 not accelerate or delay the taking effect of (i) the changes
9 made by this Act or (ii) provisions derived from any other
10 Public Act.
11 Section 99. Effective date. This Act takes effect upon
12 becoming law except that Sections 5 and 10 take effect January
13 1, 2025.
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1 INDEX
2 Statutes amended in order of appearance
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1 INDEX
2 Statutes amended in order of appearance
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