Illinois 2023-2024 Regular Session

Illinois House Bill HB5371 Compare Versions

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1-Public Act 103-0859
21 HB5371 EnrolledLRB103 39459 JRC 69653 b HB5371 Enrolled LRB103 39459 JRC 69653 b
32 HB5371 Enrolled LRB103 39459 JRC 69653 b
4-AN ACT concerning civil law.
5-Be it enacted by the People of the State of Illinois,
6-represented in the General Assembly:
7-Section 3. The Freedom of Information Act is amended by
8-changing Section 7.5 as follows:
9-(5 ILCS 140/7.5)
10-(Text of Section before amendment by P.A. 103-472)
11-Sec. 7.5. Statutory exemptions. To the extent provided for
12-by the statutes referenced below, the following shall be
13-exempt from inspection and copying:
14-(a) All information determined to be confidential
15-under Section 4002 of the Technology Advancement and
16-Development Act.
17-(b) Library circulation and order records identifying
18-library users with specific materials under the Library
19-Records Confidentiality Act.
20-(c) Applications, related documents, and medical
21-records received by the Experimental Organ Transplantation
22-Procedures Board and any and all documents or other
23-records prepared by the Experimental Organ Transplantation
24-Procedures Board or its staff relating to applications it
25-has received.
26-(d) Information and records held by the Department of
3+1 AN ACT concerning civil law.
4+2 Be it enacted by the People of the State of Illinois,
5+3 represented in the General Assembly:
6+4 Section 3. The Freedom of Information Act is amended by
7+5 changing Section 7.5 as follows:
8+6 (5 ILCS 140/7.5)
9+7 (Text of Section before amendment by P.A. 103-472)
10+8 Sec. 7.5. Statutory exemptions. To the extent provided for
11+9 by the statutes referenced below, the following shall be
12+10 exempt from inspection and copying:
13+11 (a) All information determined to be confidential
14+12 under Section 4002 of the Technology Advancement and
15+13 Development Act.
16+14 (b) Library circulation and order records identifying
17+15 library users with specific materials under the Library
18+16 Records Confidentiality Act.
19+17 (c) Applications, related documents, and medical
20+18 records received by the Experimental Organ Transplantation
21+19 Procedures Board and any and all documents or other
22+20 records prepared by the Experimental Organ Transplantation
23+21 Procedures Board or its staff relating to applications it
24+22 has received.
25+23 (d) Information and records held by the Department of
2726
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3029 HB5371 Enrolled LRB103 39459 JRC 69653 b
3130
3231
33-Public Health and its authorized representatives relating
34-to known or suspected cases of sexually transmissible
35-disease or any information the disclosure of which is
36-restricted under the Illinois Sexually Transmissible
37-Disease Control Act.
38-(e) Information the disclosure of which is exempted
39-under Section 30 of the Radon Industry Licensing Act.
40-(f) Firm performance evaluations under Section 55 of
41-the Architectural, Engineering, and Land Surveying
42-Qualifications Based Selection Act.
43-(g) Information the disclosure of which is restricted
44-and exempted under Section 50 of the Illinois Prepaid
45-Tuition Act.
46-(h) Information the disclosure of which is exempted
47-under the State Officials and Employees Ethics Act, and
48-records of any lawfully created State or local inspector
49-general's office that would be exempt if created or
50-obtained by an Executive Inspector General's office under
51-that Act.
52-(i) Information contained in a local emergency energy
53-plan submitted to a municipality in accordance with a
54-local emergency energy plan ordinance that is adopted
55-under Section 11-21.5-5 of the Illinois Municipal Code.
56-(j) Information and data concerning the distribution
57-of surcharge moneys collected and remitted by carriers
58-under the Emergency Telephone System Act.
59-
60-
61-(k) Law enforcement officer identification information
62-or driver identification information compiled by a law
63-enforcement agency or the Department of Transportation
64-under Section 11-212 of the Illinois Vehicle Code.
65-(l) Records and information provided to a residential
66-health care facility resident sexual assault and death
67-review team or the Executive Council under the Abuse
68-Prevention Review Team Act.
69-(m) Information provided to the predatory lending
70-database created pursuant to Article 3 of the Residential
71-Real Property Disclosure Act, except to the extent
72-authorized under that Article.
73-(n) Defense budgets and petitions for certification of
74-compensation and expenses for court appointed trial
75-counsel as provided under Sections 10 and 15 of the
76-Capital Crimes Litigation Act (repealed). This subsection
77-(n) shall apply until the conclusion of the trial of the
78-case, even if the prosecution chooses not to pursue the
79-death penalty prior to trial or sentencing.
80-(o) Information that is prohibited from being
81-disclosed under Section 4 of the Illinois Health and
82-Hazardous Substances Registry Act.
83-(p) Security portions of system safety program plans,
84-investigation reports, surveys, schedules, lists, data, or
85-information compiled, collected, or prepared by or for the
86-Department of Transportation under Sections 2705-300 and
87-
88-
89-2705-616 of the Department of Transportation Law of the
90-Civil Administrative Code of Illinois, the Regional
91-Transportation Authority under Section 2.11 of the
92-Regional Transportation Authority Act, or the St. Clair
93-County Transit District under the Bi-State Transit Safety
94-Act (repealed).
95-(q) Information prohibited from being disclosed by the
96-Personnel Record Review Act.
97-(r) Information prohibited from being disclosed by the
98-Illinois School Student Records Act.
99-(s) Information the disclosure of which is restricted
100-under Section 5-108 of the Public Utilities Act.
101-(t) (Blank).
102-(u) Records and information provided to an independent
103-team of experts under the Developmental Disability and
104-Mental Health Safety Act (also known as Brian's Law).
105-(v) Names and information of people who have applied
106-for or received Firearm Owner's Identification Cards under
107-the Firearm Owners Identification Card Act or applied for
108-or received a concealed carry license under the Firearm
109-Concealed Carry Act, unless otherwise authorized by the
110-Firearm Concealed Carry Act; and databases under the
111-Firearm Concealed Carry Act, records of the Concealed
112-Carry Licensing Review Board under the Firearm Concealed
113-Carry Act, and law enforcement agency objections under the
114-Firearm Concealed Carry Act.
115-
116-
117-(v-5) Records of the Firearm Owner's Identification
118-Card Review Board that are exempted from disclosure under
119-Section 10 of the Firearm Owners Identification Card Act.
120-(w) Personally identifiable information which is
121-exempted from disclosure under subsection (g) of Section
122-19.1 of the Toll Highway Act.
123-(x) Information which is exempted from disclosure
124-under Section 5-1014.3 of the Counties Code or Section
125-8-11-21 of the Illinois Municipal Code.
126-(y) Confidential information under the Adult
127-Protective Services Act and its predecessor enabling
128-statute, the Elder Abuse and Neglect Act, including
129-information about the identity and administrative finding
130-against any caregiver of a verified and substantiated
131-decision of abuse, neglect, or financial exploitation of
132-an eligible adult maintained in the Registry established
133-under Section 7.5 of the Adult Protective Services Act.
134-(z) Records and information provided to a fatality
135-review team or the Illinois Fatality Review Team Advisory
136-Council under Section 15 of the Adult Protective Services
137-Act.
138-(aa) Information which is exempted from disclosure
139-under Section 2.37 of the Wildlife Code.
140-(bb) Information which is or was prohibited from
141-disclosure by the Juvenile Court Act of 1987.
142-(cc) Recordings made under the Law Enforcement
143-
144-
145-Officer-Worn Body Camera Act, except to the extent
146-authorized under that Act.
147-(dd) Information that is prohibited from being
148-disclosed under Section 45 of the Condominium and Common
149-Interest Community Ombudsperson Act.
150-(ee) Information that is exempted from disclosure
151-under Section 30.1 of the Pharmacy Practice Act.
152-(ff) Information that is exempted from disclosure
153-under the Revised Uniform Unclaimed Property Act.
154-(gg) Information that is prohibited from being
155-disclosed under Section 7-603.5 of the Illinois Vehicle
156-Code.
157-(hh) Records that are exempt from disclosure under
158-Section 1A-16.7 of the Election Code.
159-(ii) Information which is exempted from disclosure
160-under Section 2505-800 of the Department of Revenue Law of
161-the Civil Administrative Code of Illinois.
162-(jj) Information and reports that are required to be
163-submitted to the Department of Labor by registering day
164-and temporary labor service agencies but are exempt from
165-disclosure under subsection (a-1) of Section 45 of the Day
166-and Temporary Labor Services Act.
167-(kk) Information prohibited from disclosure under the
168-Seizure and Forfeiture Reporting Act.
169-(ll) Information the disclosure of which is restricted
170-and exempted under Section 5-30.8 of the Illinois Public
171-
172-
173-Aid Code.
174-(mm) Records that are exempt from disclosure under
175-Section 4.2 of the Crime Victims Compensation Act.
176-(nn) Information that is exempt from disclosure under
177-Section 70 of the Higher Education Student Assistance Act.
178-(oo) Communications, notes, records, and reports
179-arising out of a peer support counseling session
180-prohibited from disclosure under the First Responders
181-Suicide Prevention Act.
182-(pp) Names and all identifying information relating to
183-an employee of an emergency services provider or law
184-enforcement agency under the First Responders Suicide
185-Prevention Act.
186-(qq) Information and records held by the Department of
187-Public Health and its authorized representatives collected
188-under the Reproductive Health Act.
189-(rr) Information that is exempt from disclosure under
190-the Cannabis Regulation and Tax Act.
191-(ss) Data reported by an employer to the Department of
192-Human Rights pursuant to Section 2-108 of the Illinois
193-Human Rights Act.
194-(tt) Recordings made under the Children's Advocacy
195-Center Act, except to the extent authorized under that
196-Act.
197-(uu) Information that is exempt from disclosure under
198-Section 50 of the Sexual Assault Evidence Submission Act.
199-
200-
201-(vv) Information that is exempt from disclosure under
202-subsections (f) and (j) of Section 5-36 of the Illinois
203-Public Aid Code.
204-(ww) Information that is exempt from disclosure under
205-Section 16.8 of the State Treasurer Act.
206-(xx) Information that is exempt from disclosure or
207-information that shall not be made public under the
208-Illinois Insurance Code.
209-(yy) Information prohibited from being disclosed under
210-the Illinois Educational Labor Relations Act.
211-(zz) Information prohibited from being disclosed under
212-the Illinois Public Labor Relations Act.
213-(aaa) Information prohibited from being disclosed
214-under Section 1-167 of the Illinois Pension Code.
215-(bbb) Information that is prohibited from disclosure
216-by the Illinois Police Training Act and the Illinois State
217-Police Act.
218-(ccc) Records exempt from disclosure under Section
219-2605-304 of the Illinois State Police Law of the Civil
220-Administrative Code of Illinois.
221-(ddd) Information prohibited from being disclosed
222-under Section 35 of the Address Confidentiality for
223-Victims of Domestic Violence, Sexual Assault, Human
224-Trafficking, or Stalking Act.
225-(eee) Information prohibited from being disclosed
226-under subsection (b) of Section 75 of the Domestic
227-
228-
229-Violence Fatality Review Act.
230-(fff) Images from cameras under the Expressway Camera
231-Act. This subsection (fff) is inoperative on and after
232-July 1, 2025.
233-(ggg) Information prohibited from disclosure under
234-paragraph (3) of subsection (a) of Section 14 of the Nurse
235-Agency Licensing Act.
236-(hhh) Information submitted to the Illinois State
237-Police in an affidavit or application for an assault
238-weapon endorsement, assault weapon attachment endorsement,
239-.50 caliber rifle endorsement, or .50 caliber cartridge
240-endorsement under the Firearm Owners Identification Card
241-Act.
242-(iii) Data exempt from disclosure under Section 50 of
243-the School Safety Drill Act.
244-(jjj) (hhh) Information exempt from disclosure under
245-Section 30 of the Insurance Data Security Law.
246-(kkk) (iii) Confidential business information
247-prohibited from disclosure under Section 45 of the Paint
248-Stewardship Act.
249-(lll) (Reserved).
250-(mmm) (iii) Information prohibited from being
251-disclosed under subsection (e) of Section 1-129 of the
252-Illinois Power Agency Act.
253-(nnn) Information that is exempt from disclosure under
254-Section 7-101 of the Illinois Human Rights Act.
255-
256-
257-(Source: P.A. 102-36, eff. 6-25-21; 102-237, eff. 1-1-22;
258-102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff.
259-8-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22;
260-102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff.
261-6-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372,
262-eff. 1-1-24; 103-508, eff. 8-4-23; 103-580, eff. 12-8-23;
263-revised 1-2-24.)
264-(Text of Section after amendment by P.A. 103-472)
265-Sec. 7.5. Statutory exemptions. To the extent provided for
266-by the statutes referenced below, the following shall be
267-exempt from inspection and copying:
268-(a) All information determined to be confidential
269-under Section 4002 of the Technology Advancement and
270-Development Act.
271-(b) Library circulation and order records identifying
272-library users with specific materials under the Library
273-Records Confidentiality Act.
274-(c) Applications, related documents, and medical
275-records received by the Experimental Organ Transplantation
276-Procedures Board and any and all documents or other
277-records prepared by the Experimental Organ Transplantation
278-Procedures Board or its staff relating to applications it
279-has received.
280-(d) Information and records held by the Department of
281-Public Health and its authorized representatives relating
282-
283-
284-to known or suspected cases of sexually transmissible
285-disease or any information the disclosure of which is
286-restricted under the Illinois Sexually Transmissible
287-Disease Control Act.
288-(e) Information the disclosure of which is exempted
289-under Section 30 of the Radon Industry Licensing Act.
290-(f) Firm performance evaluations under Section 55 of
291-the Architectural, Engineering, and Land Surveying
292-Qualifications Based Selection Act.
293-(g) Information the disclosure of which is restricted
294-and exempted under Section 50 of the Illinois Prepaid
295-Tuition Act.
296-(h) Information the disclosure of which is exempted
297-under the State Officials and Employees Ethics Act, and
298-records of any lawfully created State or local inspector
299-general's office that would be exempt if created or
300-obtained by an Executive Inspector General's office under
301-that Act.
302-(i) Information contained in a local emergency energy
303-plan submitted to a municipality in accordance with a
304-local emergency energy plan ordinance that is adopted
305-under Section 11-21.5-5 of the Illinois Municipal Code.
306-(j) Information and data concerning the distribution
307-of surcharge moneys collected and remitted by carriers
308-under the Emergency Telephone System Act.
309-(k) Law enforcement officer identification information
310-
311-
312-or driver identification information compiled by a law
313-enforcement agency or the Department of Transportation
314-under Section 11-212 of the Illinois Vehicle Code.
315-(l) Records and information provided to a residential
316-health care facility resident sexual assault and death
317-review team or the Executive Council under the Abuse
318-Prevention Review Team Act.
319-(m) Information provided to the predatory lending
320-database created pursuant to Article 3 of the Residential
321-Real Property Disclosure Act, except to the extent
322-authorized under that Article.
323-(n) Defense budgets and petitions for certification of
324-compensation and expenses for court appointed trial
325-counsel as provided under Sections 10 and 15 of the
326-Capital Crimes Litigation Act (repealed). This subsection
327-(n) shall apply until the conclusion of the trial of the
328-case, even if the prosecution chooses not to pursue the
329-death penalty prior to trial or sentencing.
330-(o) Information that is prohibited from being
331-disclosed under Section 4 of the Illinois Health and
332-Hazardous Substances Registry Act.
333-(p) Security portions of system safety program plans,
334-investigation reports, surveys, schedules, lists, data, or
335-information compiled, collected, or prepared by or for the
336-Department of Transportation under Sections 2705-300 and
337-2705-616 of the Department of Transportation Law of the
338-
339-
340-Civil Administrative Code of Illinois, the Regional
341-Transportation Authority under Section 2.11 of the
342-Regional Transportation Authority Act, or the St. Clair
343-County Transit District under the Bi-State Transit Safety
344-Act (repealed).
345-(q) Information prohibited from being disclosed by the
346-Personnel Record Review Act.
347-(r) Information prohibited from being disclosed by the
348-Illinois School Student Records Act.
349-(s) Information the disclosure of which is restricted
350-under Section 5-108 of the Public Utilities Act.
351-(t) (Blank).
352-(u) Records and information provided to an independent
353-team of experts under the Developmental Disability and
354-Mental Health Safety Act (also known as Brian's Law).
355-(v) Names and information of people who have applied
356-for or received Firearm Owner's Identification Cards under
357-the Firearm Owners Identification Card Act or applied for
358-or received a concealed carry license under the Firearm
359-Concealed Carry Act, unless otherwise authorized by the
360-Firearm Concealed Carry Act; and databases under the
361-Firearm Concealed Carry Act, records of the Concealed
362-Carry Licensing Review Board under the Firearm Concealed
363-Carry Act, and law enforcement agency objections under the
364-Firearm Concealed Carry Act.
365-(v-5) Records of the Firearm Owner's Identification
366-
367-
368-Card Review Board that are exempted from disclosure under
369-Section 10 of the Firearm Owners Identification Card Act.
370-(w) Personally identifiable information which is
371-exempted from disclosure under subsection (g) of Section
372-19.1 of the Toll Highway Act.
373-(x) Information which is exempted from disclosure
374-under Section 5-1014.3 of the Counties Code or Section
375-8-11-21 of the Illinois Municipal Code.
376-(y) Confidential information under the Adult
377-Protective Services Act and its predecessor enabling
378-statute, the Elder Abuse and Neglect Act, including
379-information about the identity and administrative finding
380-against any caregiver of a verified and substantiated
381-decision of abuse, neglect, or financial exploitation of
382-an eligible adult maintained in the Registry established
383-under Section 7.5 of the Adult Protective Services Act.
384-(z) Records and information provided to a fatality
385-review team or the Illinois Fatality Review Team Advisory
386-Council under Section 15 of the Adult Protective Services
387-Act.
388-(aa) Information which is exempted from disclosure
389-under Section 2.37 of the Wildlife Code.
390-(bb) Information which is or was prohibited from
391-disclosure by the Juvenile Court Act of 1987.
392-(cc) Recordings made under the Law Enforcement
393-Officer-Worn Body Camera Act, except to the extent
394-
395-
396-authorized under that Act.
397-(dd) Information that is prohibited from being
398-disclosed under Section 45 of the Condominium and Common
399-Interest Community Ombudsperson Act.
400-(ee) Information that is exempted from disclosure
401-under Section 30.1 of the Pharmacy Practice Act.
402-(ff) Information that is exempted from disclosure
403-under the Revised Uniform Unclaimed Property Act.
404-(gg) Information that is prohibited from being
405-disclosed under Section 7-603.5 of the Illinois Vehicle
406-Code.
407-(hh) Records that are exempt from disclosure under
408-Section 1A-16.7 of the Election Code.
409-(ii) Information which is exempted from disclosure
410-under Section 2505-800 of the Department of Revenue Law of
411-the Civil Administrative Code of Illinois.
412-(jj) Information and reports that are required to be
413-submitted to the Department of Labor by registering day
414-and temporary labor service agencies but are exempt from
415-disclosure under subsection (a-1) of Section 45 of the Day
416-and Temporary Labor Services Act.
417-(kk) Information prohibited from disclosure under the
418-Seizure and Forfeiture Reporting Act.
419-(ll) Information the disclosure of which is restricted
420-and exempted under Section 5-30.8 of the Illinois Public
421-Aid Code.
422-
423-
424-(mm) Records that are exempt from disclosure under
425-Section 4.2 of the Crime Victims Compensation Act.
426-(nn) Information that is exempt from disclosure under
427-Section 70 of the Higher Education Student Assistance Act.
428-(oo) Communications, notes, records, and reports
429-arising out of a peer support counseling session
430-prohibited from disclosure under the First Responders
431-Suicide Prevention Act.
432-(pp) Names and all identifying information relating to
433-an employee of an emergency services provider or law
434-enforcement agency under the First Responders Suicide
435-Prevention Act.
436-(qq) Information and records held by the Department of
437-Public Health and its authorized representatives collected
438-under the Reproductive Health Act.
439-(rr) Information that is exempt from disclosure under
440-the Cannabis Regulation and Tax Act.
441-(ss) Data reported by an employer to the Department of
442-Human Rights pursuant to Section 2-108 of the Illinois
443-Human Rights Act.
444-(tt) Recordings made under the Children's Advocacy
445-Center Act, except to the extent authorized under that
446-Act.
447-(uu) Information that is exempt from disclosure under
448-Section 50 of the Sexual Assault Evidence Submission Act.
449-(vv) Information that is exempt from disclosure under
450-
451-
452-subsections (f) and (j) of Section 5-36 of the Illinois
453-Public Aid Code.
454-(ww) Information that is exempt from disclosure under
455-Section 16.8 of the State Treasurer Act.
456-(xx) Information that is exempt from disclosure or
457-information that shall not be made public under the
458-Illinois Insurance Code.
459-(yy) Information prohibited from being disclosed under
460-the Illinois Educational Labor Relations Act.
461-(zz) Information prohibited from being disclosed under
462-the Illinois Public Labor Relations Act.
463-(aaa) Information prohibited from being disclosed
464-under Section 1-167 of the Illinois Pension Code.
465-(bbb) Information that is prohibited from disclosure
466-by the Illinois Police Training Act and the Illinois State
467-Police Act.
468-(ccc) Records exempt from disclosure under Section
469-2605-304 of the Illinois State Police Law of the Civil
470-Administrative Code of Illinois.
471-(ddd) Information prohibited from being disclosed
472-under Section 35 of the Address Confidentiality for
473-Victims of Domestic Violence, Sexual Assault, Human
474-Trafficking, or Stalking Act.
475-(eee) Information prohibited from being disclosed
476-under subsection (b) of Section 75 of the Domestic
477-Violence Fatality Review Act.
478-
479-
480-(fff) Images from cameras under the Expressway Camera
481-Act. This subsection (fff) is inoperative on and after
482-July 1, 2025.
483-(ggg) Information prohibited from disclosure under
484-paragraph (3) of subsection (a) of Section 14 of the Nurse
485-Agency Licensing Act.
486-(hhh) Information submitted to the Illinois State
487-Police in an affidavit or application for an assault
488-weapon endorsement, assault weapon attachment endorsement,
489-.50 caliber rifle endorsement, or .50 caliber cartridge
490-endorsement under the Firearm Owners Identification Card
491-Act.
492-(iii) Data exempt from disclosure under Section 50 of
493-the School Safety Drill Act.
494-(jjj) (hhh) Information exempt from disclosure under
495-Section 30 of the Insurance Data Security Law.
496-(kkk) (iii) Confidential business information
497-prohibited from disclosure under Section 45 of the Paint
498-Stewardship Act.
499-(lll) (iii) Data exempt from disclosure under Section
500-2-3.196 of the School Code.
501-(mmm) (iii) Information prohibited from being
502-disclosed under subsection (e) of Section 1-129 of the
503-Illinois Power Agency Act.
504-(nnn) Information that is exempt from disclosure under
505-Section 7-101 of the Illinois Human Rights Act.
506-
507-
508-(Source: P.A. 102-36, eff. 6-25-21; 102-237, eff. 1-1-22;
509-102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff.
510-8-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22;
511-102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff.
512-6-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372,
513-eff. 1-1-24; 103-472, eff. 8-1-24; 103-508, eff. 8-4-23;
514-103-580, eff. 12-8-23; revised 1-2-24.)
515-Section 5. The Illinois Human Rights Act is amended by
516-changing Sections 3-101, 3-102, 8-101, 8-111, 8B-104, 10-103,
517-and 10-104 as follows:
518-(775 ILCS 5/3-101) (from Ch. 68, par. 3-101)
519-Sec. 3-101. Definitions. The following definitions are
520-applicable strictly in the context of this Article:
521-(A) Real Property. "Real property" includes buildings,
522-structures, real estate, lands, tenements, leaseholds,
523-interests in real estate cooperatives, condominiums, and
524-hereditaments, corporeal and incorporeal, or any interest
525-therein.
526-(B) Real Estate Transaction. "Real estate transaction"
527-includes the sale, exchange, rental or lease of real property,
528-or any act that otherwise makes available such a transaction
529-or alters a person's rights to real property. "Real estate
530-transaction" also includes the brokering or appraising of
531-residential real property and the making or purchasing of
532-
533-
534-loans or providing other financial assistance:
535-(1) for purchasing, constructing, improving, repairing
536-or maintaining a dwelling; or
537-(2) secured by residential real estate.
538-(C) Housing Accommodations. "Housing accommodation"
539-includes any improved or unimproved real property, or part
540-thereof, which is used or occupied, or is intended, arranged
541-or designed to be used or occupied, as the home or residence of
542-one or more individuals.
543-(D) Real Estate Broker or Salesman. "Real estate broker or
544-salesman" means a person, whether licensed or not, who, for or
545-with the expectation of receiving a consideration, lists,
546-sells, purchases, exchanges, rents, or leases real property,
547-or who negotiates or attempts to negotiate any of these
548-activities, or who holds oneself out as engaged in these.
549-(E) Familial Status. "Familial status" means one or more
550-individuals (who have not attained the age of 18 years) being
551-domiciled with:
552-(1) a parent or person having legal custody of such
553-individual or individuals; or
554-(2) the designee of such parent or other person having
555-such custody, with the written permission of such parent
556-or other person.
557-The protections afforded by this Article against
558-discrimination on the basis of familial status apply to any
559-person who is pregnant or is in the process of securing legal
560-
561-
562-custody of any individual who has not attained the age of 18
563-years.
564-(F) Conciliation. "Conciliation" means the attempted
565-resolution of issues raised by a charge, or by the
566-investigation of such charge, through informal negotiations
567-involving the aggrieved party, the respondent and the
568-Department.
569-(G) Conciliation Agreement. "Conciliation agreement" means
570-a written agreement setting forth the resolution of the issues
571-in conciliation.
572-(H) Covered Multifamily Dwellings. As used in Section
573-3-102.1, "covered multifamily dwellings" means:
574-(1) buildings consisting of 4 or more units if such
575-buildings have one or more elevators; and
576-(2) ground floor units in other buildings consisting
577-of 4 or more units.
578-(I) Immigration Status. "Immigration status" means a
579-person's actual or perceived citizenship or immigration
580-status.
581-(Source: P.A. 103-232, eff. 1-1-24.)
582-(775 ILCS 5/3-102) (from Ch. 68, par. 3-102)
583-Sec. 3-102. Civil rights violations; real estate
584-transactions and other prohibited acts. It is a civil rights
585-violation for an owner or any other person, or for a real
586-estate broker or salesman, because of unlawful discrimination,
587-
588-
589-familial status, immigration status, source of income, or an
590-arrest record, as defined under subsection (B-5) of Section
591-1-103, to:
592-(A) Transactions. Refuse to engage in a real estate
593-transaction with a person or deny real property, or to
594-discriminate in making available such a transaction;
595-(B) Terms. Alter the terms, conditions or privileges
596-of a real estate transaction or in the furnishing of
597-facilities or services in connection therewith;
598-(C) Offers. Refuse to receive or to fail to transmit a
599-bona fide offer in a real estate transaction from a
600-person;
601-(D) Negotiation. Refuse to negotiate a real estate
602-transaction with a person;
603-(E) Representations. Represent to a person that real
604-property is not available for inspection, sale, rental, or
605-lease when in fact it is so available, or to fail to bring
606-a property listing to the person's attention, or to refuse
607-to permit the person to inspect real property;
608-(F) Publication of Intent. Make, print, circulate,
609-post, mail, publish or cause to be made, printed,
610-circulated, posted, mailed, or published any notice,
611-statement, advertisement or sign, or use a form of
612-application for a real estate transaction, or make a
613-record or inquiry in connection with a prospective real
614-estate transaction, that indicates any preference,
615-
616-
617-limitation, or discrimination based on unlawful
618-discrimination or unlawful discrimination based on
619-familial status, immigration status, source of income, or
620-an arrest record, or an intention to make any such
621-preference, limitation, or discrimination;
622-(G) Listings. Offer, solicit, accept, use or retain a
623-listing of real property with knowledge that unlawful
624-discrimination or discrimination on the basis of familial
625-status, immigration status, source of income, or an arrest
626-record in a real estate transaction is intended.
627-(H) Criteria. Use criteria or methods that have the
628-effect of subjecting individuals to unlawful
629-discrimination or discrimination based on familial status,
630-immigration status, source of income, or an arrest record
631-in a real estate transaction. Such criteria or methods are
632-unlawful under this subsection if they are not necessary
633-to achieve a substantial, legitimate, non-discriminatory
634-interest; or if the substantial, legitimate,
635-non-discriminatory interest could be served by another
636-practice that has a less discriminatory effect.
637-(Source: P.A. 102-896, eff. 1-1-23; 103-232, eff. 1-1-24.)
638-(775 ILCS 5/8-101)
639-Sec. 8-101. Illinois Human Rights Commission.
640-(A) Creation; appointments. The Human Rights Commission is
641-created to consist of 7 members appointed by the Governor with
642-
643-
644-the advice and consent of the Senate. No more than 4 members
645-shall be of the same political party. The Governor shall
646-designate one member as chairperson. All appointments shall be
647-in writing and filed with the Secretary of State as a public
648-record.
649-(B) Terms. Of the members first appointed, 4 shall be
650-appointed for a term to expire on the third Monday of January,
651-2021, and 3 (including the Chairperson) shall be appointed for
652-a term to expire on the third Monday of January, 2023.
653-Notwithstanding any provision of this Section to the
654-contrary, the term of office of each member of the Illinois
655-Human Rights Commission is abolished on January 19, 2019.
656-Incumbent members holding a position on the Commission that
657-was created by Public Act 84-115 and whose terms, if not for
658-Public Act 100-1066 this amendatory Act of the 100th General
659-Assembly, would have expired January 18, 2021 shall continue
660-to exercise all of the powers and be subject to all of the
661-duties of members of the Commission until June 30, 2019 or
662-until their respective successors are appointed and qualified,
663-whichever is earlier.
664-Thereafter, each member shall serve for a term of 4 years
665-and until the member's successor is appointed and qualified;
666-except that any member chosen to fill a vacancy occurring
667-otherwise than by expiration of a term shall be appointed only
668-for the unexpired term of the member whom the member shall
669-succeed and until the member's successor is appointed and
670-
671-
672-qualified.
673-(C) Vacancies.
674-(1) In the case of vacancies on the Commission during
675-a recess of the Senate, the Governor shall make a
676-temporary appointment until the next meeting of the Senate
677-when the Governor shall appoint a person to fill the
678-vacancy. Any person so nominated and confirmed by the
679-Senate shall hold office for the remainder of the term and
680-until the person's successor is appointed and qualified.
681-(2) If the Senate is not in session at the time this
682-Act takes effect, the Governor shall make temporary
683-appointments to the Commission as in the case of
684-vacancies.
685-(3) Vacancies in the Commission shall not impair the
686-right of the remaining members to exercise all the powers
687-of the Commission. Except when authorized by this Act to
688-proceed through a 3 member panel, a majority of the
689-members of the Commission then in office shall constitute
690-a quorum.
691-(D) Compensation. On and after January 19, 2019, the
692-Chairperson of the Commission shall be compensated at the rate
693-of $125,000 per year, or as set by the Compensation Review
694-Board, whichever is greater, during the Chairperson's service
695-as Chairperson, and each other member shall be compensated at
696-the rate of $119,000 per year, or as set by the Compensation
697-Review Board, whichever is greater. In addition, all members
698-
699-
700-of the Commission shall be reimbursed for expenses actually
701-and necessarily incurred by them in the performance of their
702-duties.
703-(E) (Blank). Notwithstanding the general supervisory
704-authority of the Chairperson, each commissioner, unless
705-appointed to the special temporary panel created under
706-subsection (H), has the authority to hire and supervise a
707-staff attorney. The staff attorney shall report directly to
708-the individual commissioner.
709-(F) A formal training program for newly appointed
710-commissioners shall be implemented. The training program shall
711-include the following:
712-(1) substantive and procedural aspects of the office
713-of commissioner;
714-(2) current issues in employment and housing
715-discrimination and public accommodation law and practice;
716-(3) orientation to each operational unit of the Human
717-Rights Commission;
718-(4) observation of experienced hearing officers and
719-commissioners conducting hearings of cases, combined with
720-the opportunity to discuss evidence presented and rulings
721-made;
722-(5) the use of hypothetical cases requiring the newly
723-appointed commissioner to issue judgments as a means of
724-evaluating knowledge and writing ability;
725-(6) writing skills; and
726-
727-
728-(7) professional and ethical standards.
729-A formal and ongoing professional development program
730-including, but not limited to, the above-noted areas shall be
731-implemented to keep commissioners informed of recent
732-developments and issues and to assist them in maintaining and
733-enhancing their professional competence. Each commissioner
734-shall complete 20 hours of training in the above-noted areas
735-during every 2 years the commissioner remains in office.
736-(G) Commissioners must meet one of the following
737-qualifications:
738-(1) licensed to practice law in the State of Illinois;
739-(2) at least 3 years of experience as a hearing
740-officer at the Human Rights Commission; or
741-(3) at least 4 years of professional experience
742-working for or dealing with individuals or corporations
743-affected by this Act or similar laws in other
744-jurisdictions, including, but not limited to, experience
745-with a civil rights advocacy group, a fair housing group,
746-a community organization, a trade association, a union, a
747-law firm, a legal aid organization, an employer's human
748-resources department, an employment discrimination
749-consulting firm, a community affairs organization, or a
750-municipal human relations agency.
751-The Governor's appointment message, filed with the
752-Secretary of State and transmitted to the Senate, shall state
753-specifically how the experience of a nominee for commissioner
754-
755-
756-meets the requirement set forth in this subsection. The
757-Chairperson must have public or private sector management and
758-budget experience, as determined by the Governor.
759-Each commissioner shall devote full time to the
760-commissioner's duties and any commissioner who is an attorney
761-shall not engage in the practice of law, nor shall any
762-commissioner hold any other office or position of profit under
763-the United States or this State or any municipal corporation
764-or political subdivision of this State, nor engage in any
765-other business, employment, or vocation.
766-(H) (Blank).
767-(Source: P.A. 102-1129, eff. 2-10-23; 103-326, eff. 1-1-24;
768-revised 12-15-23.)
769-(775 ILCS 5/8-111) (from Ch. 68, par. 8-111)
770-Sec. 8-111. Court Proceedings.
771-(A) Civil Actions Commenced in Circuit Court.
772-(1) Venue. Civil actions commenced in a circuit court
773-pursuant to Section 7A-102 or 8B-102 shall be commenced in
774-the circuit court in the county in which the civil rights
775-violation was allegedly committed.
776-(2) If a civil action is commenced in a circuit court,
777-the form of the complaint shall be in accordance with the
778-Code of Civil Procedure.
779-(3) Jury Trial. If a civil action is commenced in a
780-circuit court under Section 7A-102 or 8B-102, the
781-
782-
783-plaintiff or defendant may demand trial by jury.
784-(4) Remedies. Upon the finding of a civil rights
785-violation, the circuit court or jury may award any of the
786-remedies set forth in Section 8A-104 or 8B-104.
787-(B) Judicial Review.
788-(1) Any complainant or respondent may apply for and
789-obtain judicial review of a final order of the Commission
790-entered under this Act by filing a petition for review in
791-the Appellate Court within 35 days from the date that a
792-copy of the decision sought to be reviewed was served upon
793-the party affected by the decision. If a 3-member panel or
794-the full Commission finds that an interlocutory order
795-involves a question of law as to which there is
796-substantial ground for difference of opinion and that an
797-immediate appeal from the order may materially advance the
798-ultimate termination of the litigation, any party may
799-petition the Appellate Court for permission to appeal the
800-order. The procedure for obtaining the required Commission
801-findings and the permission of the Appellate Court shall
802-be governed by Supreme Court Rule 308, except the
803-references to the "trial court" shall be understood as
804-referring to the Commission.
805-(2) In any proceeding brought for judicial review, the
806-Commission's findings of fact shall be sustained unless
807-the court determines that such findings are contrary to
808-the manifest weight of the evidence.
809-
810-
811-(3) Venue. Proceedings for judicial review shall be
812-commenced in the appellate court for the district wherein
813-the civil rights violation which is the subject of the
814-Commission's order was allegedly committed.
815-(C) Judicial Enforcement.
816-(1) When the Commission, at the instance of the
817-Department or an aggrieved party, concludes that any
818-person has violated a valid order of the Commission issued
819-pursuant to this Act, and the violation and its effects
820-are not promptly corrected, the Commission, through a
821-panel of 3 members, shall order the Department to commence
822-an action in the name of the People of the State of
823-Illinois by complaint, alleging the violation, attaching a
824-copy of the order of the Commission and praying for the
825-issuance of an order directing such person, his or her or
826-its officers, agents, servants, successors and assigns to
827-comply with the order of the Commission.
828-(2) An aggrieved party may file a complaint for
829-enforcement of a valid order of the Commission directly in
830-Circuit Court.
831-(3) Upon the commencement of an action filed under
832-paragraphs (1) or (2) of this subsection, the court shall
833-have jurisdiction over the proceedings and power to grant
834-or refuse, in whole or in part, the relief sought or impose
835-such other remedy as the court may deem proper.
836-(4) The court may stay an order of the Commission in
837-
838-
839-accordance with the applicable Supreme Court rules,
840-pending disposition of the proceedings.
841-(5) The court may punish for any violation of its
842-order as in the case of civil contempt.
843-(6) Venue. Proceedings for judicial enforcement of a
844-Commission order shall be commenced in the circuit court
845-in the county wherein the civil rights violation which is
846-the subject of the Commission's order was committed.
847-(7) Enforcement of judicial order. An aggrieved party
848-may take action to collect on a judicial order issued by
849-the Circuit Court in an enforcement action initiated by
850-the State, regardless of whether or not the aggrieved
851-party intervened in an enforcement action.
852-(D) Limitation. Except as otherwise provided by law, no
853-court of this state shall have jurisdiction over the subject
854-of an alleged civil rights violation other than as set forth in
855-this Act.
856-(E) This amendatory Act of 1996 applies to causes of
857-action filed on or after January 1, 1996.
858-(F) The changes made to this Section by this amendatory
859-Act of the 95th General Assembly apply to charges or
860-complaints filed with the Department or the Commission on or
861-after the effective date of those changes.
862-(Source: P.A. 101-661, eff. 4-2-21; 102-706, eff. 4-22-22.)
863-(775 ILCS 5/8B-104) (from Ch. 68, par. 8B-104)
864-
865-
866-Sec. 8B-104. Relief; penalties. Upon finding a civil
867-rights violation, a hearing officer may recommend and the
868-Commission or any three-member panel thereof may provide for
869-any relief or penalty identified in this Section, separately
870-or in combination, by entering an order directing the
871-respondent to:
872-(A) Cease and Desist Order. Cease and desist from any
873-violation of this Act.
874-(B) Actual Damages. Pay actual damages, as reasonably
875-determined by the Commission, for injury or loss suffered
876-by the complainant.
877-(C) Civil Penalty. Pay a civil penalty per violation
878-to vindicate the public interest. In imposing a civil
879-penalty to vindicate the public interest, a separate
880-penalty may be imposed for each specific act constituting
881-a civil rights violation as defined in Section 1-103, and
882-for each aggrieved party injured by the civil rights
883-violation:
884-(i) in an amount not exceeding $16,000 if the
885-respondent has not been adjudged to have committed any
886-prior civil rights violation under Article 3;
887-(ii) in an amount not exceeding $42,500 if the
888-respondent has been adjudged to have committed one
889-other civil rights violation under Article 3 during
890-the 5-year period ending on the date of the filing of
891-this charge; and
892-
893-
894-(iii) in an amount not exceeding $70,000 if the
895-respondent has been adjudged to have committed 2 or
896-more civil rights violations under Article 3 during
897-the 7-year period ending on the date of the filing of
898-this charge; except that if the acts constituting the
899-civil rights violation that is the object of the
900-charge are committed by the same natural person who
901-has been previously adjudged to have committed acts
902-constituting a civil rights violation under Article 3,
903-then the civil penalties set forth in subparagraphs
904-(ii) and (iii) may be imposed without regard to the
905-period of time within which any subsequent civil
906-rights violation under Article 3 occurred.
907-(D) Attorney Fees; Costs. Pay to the complainant all
908-or a portion of the costs of maintaining the action,
909-including reasonable attorneys fees and expert witness
910-fees incurred in maintaining this action before the
911-Department, the Commission and in any judicial review and
912-judicial enforcement proceedings.
913-(E) Compliance Report. Report as to the manner of
914-compliance.
915-(F) Posting of Notices. Post notices in a conspicuous
916-place which the Commission may publish or cause to be
917-published setting forth requirements for compliance with
918-this Act or other relevant information which the
919-Commission determines necessary to explain this Act.
920-
921-
922-(G) Make Complainant Whole. Take such action as may be
923-necessary to make the individual complainant whole,
924-including, but not limited to, awards of interest on the
925-complainant's actual damages from the date of the civil
926-rights violation.
927-(Source: P.A. 99-548, eff. 1-1-17.)
928-(775 ILCS 5/10-103) (from Ch. 68, par. 10-103)
929-Sec. 10-103. Circuit court actions pursuant to election.
930-(A) If an election is made under Section 8B-102, the
931-Department shall authorize and, not later than 30 days after
932-the entry of the administrative closure order is entered by
933-the Commission and served on the Department, the Attorney
934-General shall commence and maintain a civil action on behalf
935-of the aggrieved party in a circuit court of Illinois seeking
936-relief under this Section. Venue for such civil action shall
937-be determined under Section 8-111(A)(1).
938-(B) Any aggrieved party with respect to the issues to be
939-determined in a civil action under this Section may intervene
940-as of right in that civil action.
941-(C) In a civil action under this Section, if the court
942-finds that a civil rights violation has occurred or is about to
943-occur the court may grant as relief any relief which a court
944-could grant with respect to such civil rights violation in a
945-civil action under Section 10-102. Any relief so granted that
946-would accrue to an aggrieved party in a civil action commenced
947-
948-
949-by that aggrieved party under Section 10-102 shall also accrue
950-to that aggrieved party in a civil action under this Section.
951-If monetary relief is sought for the benefit of an aggrieved
952-party who does not intervene in the civil action, the court
953-shall not award such relief if that aggrieved party has not
954-complied with discovery orders entered by the court.
955-(Source: P.A. 101-530, eff. 1-1-20; 101-661, eff. 4-2-21.)
956-(775 ILCS 5/10-104)
957-Sec. 10-104. Circuit Court Actions by the Illinois
958-Attorney General.
959-(A) Standing, venue, limitations on actions, preliminary
960-investigations, notice, and Assurance of Voluntary Compliance.
961-(1) Whenever the Illinois Attorney General has
962-reasonable cause to believe that any person or group of
963-persons is engaged in a pattern and practice of
964-discrimination prohibited by this Act, the Illinois
965-Attorney General may commence a civil action in the name
966-of the People of the State, as parens patriae on behalf of
967-persons within the State to enforce the provisions of this
968-Act in any appropriate circuit court. Venue for this civil
969-action shall be determined under paragraph (1) of
970-subsection (A) of Section 8-111. Such actions shall be
971-commenced no later than 2 years after the occurrence or
972-the termination of an alleged civil rights violation or
973-the breach of a conciliation agreement or Assurance of
974-
975-
976-Voluntary Compliance entered into under this Act,
977-whichever occurs last, to obtain relief with respect to
978-the alleged civil rights violation or breach.
979-(2) Prior to initiating a civil action, the Attorney
980-General shall conduct a preliminary investigation to
981-determine whether there is reasonable cause to believe
982-that any person or group of persons is engaged in a pattern
983-and practice of discrimination declared unlawful by this
984-Act and whether the dispute can be resolved without
985-litigation. In conducting this investigation, the Attorney
986-General may:
987-(a) require the individual or entity to file a
988-statement or report in writing under oath or
989-otherwise, as to all information the Attorney General
990-may consider necessary;
991-(b) examine under oath any person alleged to have
992-participated in or with knowledge of the alleged
993-pattern and practice violation; or
994-(c) issue subpoenas or conduct hearings in aid of
995-any investigation.
996-(3) Service by the Attorney General of any notice
997-requiring a person to file a statement or report, or of a
998-subpoena upon any person, shall be made:
999-(a) personally by delivery of a duly executed copy
1000-thereof to the person to be served or, if a person is
1001-not a natural person, in the manner provided in the
1002-
1003-
1004-Code of Civil Procedure when a complaint is filed; or
1005-(b) by mailing by certified mail a duly executed
1006-copy thereof to the person to be served at his or her
1007-last known abode or principal place of business within
1008-this State.
1009-(4) In lieu of a civil action, the individual or
1010-entity alleged to have engaged in a pattern or practice of
1011-discrimination deemed violative of this Act may enter into
1012-an Assurance of Voluntary Compliance with respect to the
1013-alleged pattern or practice violation.
1014-(5) The Illinois Attorney General may commence a civil
1015-action under this subsection (A) whether or not a charge
1016-has been filed under Sections 7A-102 or 7B-102 and without
1017-regard to the status of any charge, however, if the
1018-Department or local agency has obtained a conciliation or
1019-settlement agreement or if the parties have entered into
1020-an Assurance of Voluntary Compliance no action may be
1021-filed under this subsection (A) with respect to the
1022-alleged civil rights violation practice that forms the
1023-basis for the complaint except for the purpose of
1024-enforcing the terms of the conciliation or settlement
1025-agreement or the terms of the Assurance of Voluntary
1026-Compliance.
1027-(6) Subpoenas.
1028-(a) Petition for enforcement. Whenever any person
1029-fails to comply with any subpoena issued under
1030-
1031-
1032-paragraph (2) of this subsection (A), or whenever
1033-satisfactory copying or reproduction of any material
1034-requested in an investigation cannot be done and the
1035-person refuses to surrender the material, the Attorney
1036-General may file in any appropriate circuit court, and
1037-serve upon the person, a petition for a court order for
1038-the enforcement of the subpoena or other request.
1039-Venue for this enforcement action shall be determined
1040-under paragraph (E)(1) of Section 8-104.
1041-(b) Petition to modify or set aside a subpoena.
1042-(i) Any person who has received a subpoena
1043-issued under paragraph (2) of this subsection (A)
1044-may file in the appropriate circuit court, and
1045-serve upon the Attorney General, a petition for a
1046-court order to modify or set aside the subpoena or
1047-other request. The petition must be filed either
1048-(I) within 20 days after the date of service of the
1049-subpoena or at any time before the return date
1050-specified in the subpoena, whichever date is
1051-earlier, or (II) within such longer period as may
1052-be prescribed in writing by the Attorney General.
1053-(ii) The petition shall specify each ground
1054-upon which the petitioner relies in seeking relief
1055-under subdivision (i) and may be based upon any
1056-failure of the subpoena to comply with the
1057-provisions of this Section or upon any
1058-
1059-
1060-constitutional or other legal right or privilege
1061-of the petitioner. During the pendency of the
1062-petition in the court, the court may stay, as it
1063-deems proper, the running of the time allowed for
1064-compliance with the subpoena or other request, in
1065-whole or in part, except that the petitioner shall
1066-comply with any portion of the subpoena or other
1067-request not sought to be modified or set aside.
1068-(c) Jurisdiction. Whenever any petition is filed
1069-in any circuit court under this paragraph (6), the
1070-court shall have jurisdiction to hear and determine
1071-the matter so presented and to enter such orders as may
1072-be required to carry out the provisions of this
1073-Section. Any final order so entered shall be subject
1074-to appeal in the same manner as appeals of other final
1075-orders in civil matters. Any disobedience of any final
1076-order entered under this paragraph (6) by any court
1077-shall be punished as a contempt of the court.
1078-(B) Relief which may be granted.
1079-(1) In any civil action brought pursuant to subsection
1080-(A) of this Section, the Attorney General may obtain as a
1081-remedy, equitable relief (including any permanent or
1082-preliminary injunction, temporary restraining order, or
1083-other order, including an order enjoining the defendant
1084-from engaging in such civil rights violation or ordering
1085-any action as may be appropriate). In addition, the
1086-
1087-
1088-Attorney General may request and the Court may impose
1089-restitution to any aggrieved party injured by the pattern
1090-or practice of discrimination, to the extent not covered
1091-by other sources, and a civil penalty per civil rights
1092-violation to vindicate the public interest. In imposing a
1093-civil penalty to vindicate the public interest, each
1094-instance in which a provision of this Act is violated as
1095-part of a pattern or practice of discrimination may be
1096-considered to constitute a separate violation or
1097-violations, as may each aggrieved party harmed:
1098-(a) for violations of this Act Article 3 and
1099-Article 4 in an amount not exceeding $50,000 $25,000
1100-per violation, and in the case of violations of all
1101-other Articles in an amount not exceeding $10,000 if
1102-the defendant has not been adjudged to have committed
1103-any prior civil rights violations under any the
1104-provision of the Act that is the basis of the
1105-complaint;
1106-(b) for violations of this Act Article 3 and
1107-Article 4 in an amount not exceeding $75,000 $50,000
1108-per violation, and in the case of violations of all
1109-other Articles in an amount not exceeding $25,000 if
1110-the defendant has been adjudged to have committed one
1111-other civil rights violation under any the provision
1112-of the Act within 5 years of the occurrence of the
1113-civil rights violation that is the basis of the
1114-
1115-
1116-complaint; and
1117-(c) for violations of this Act Article 3 and
1118-Article 4 in an amount not exceeding $100,000 $75,000
1119-per violation, and in the case of violations of all
1120-other Articles in an amount not exceeding $50,000 if
1121-the defendant has been adjudged to have committed 2 or
1122-more civil rights violations under any the provision
1123-of the Act within 5 years of the occurrence of the
1124-civil rights violation that is the basis of the
1125-complaint.
1126-(2) A civil penalty imposed under subdivision (B)(1)
1127-of this Section shall be deposited into the Attorney
1128-General Court Ordered and Voluntary Compliance Payment
1129-Projects Fund, which is a special fund in the State
1130-Treasury. Moneys in the Fund shall be used, subject to
1131-appropriation, for the performance of any function
1132-pertaining to the exercise of the duties of the Attorney
1133-General including but not limited to enforcement of any
1134-law of this State and conducting public education
1135-programs; however, any moneys in the Fund that are
1136-required by the court or by an agreement to be used for a
1137-particular purpose shall be used for that purpose.
1138-(3) Aggrieved parties seeking actual damages must
1139-follow the procedure set out in Sections 7A-102 or 7B-102
1140-for filing a charge. An action brought by the Illinois
1141-Attorney General pursuant to this Section is independent
1142-
1143-
1144-of any other action, remedy, or procedure that may be
1145-available to an aggrieved party under any other provision
1146-of law, including, but not limited to, an action, remedy,
1147-or procedure brought pursuant to the procedures set out in
1148-Section 7A-102 or 7B-102.
1149-(Source: P.A. 101-661, eff. 4-2-21.)
1150-Section 6. The Illinois Human Rights Act is amended by
1151-changing Section 7-101 as follows:
1152-(775 ILCS 5/7-101) (from Ch. 68, par. 7-101)
1153-Sec. 7-101. Powers and duties. In addition to other powers
1154-and duties prescribed in this Act, the Department shall have
1155-the following powers:
1156-(A) Rules and Regulations. To adopt, promulgate, amend,
1157-and rescind rules and regulations not inconsistent with the
1158-provisions of this Act pursuant to the Illinois Administrative
1159-Procedure Act.
1160-(B) Charges. To issue, receive, investigate, conciliate,
1161-settle, and dismiss charges filed in conformity with this Act.
1162-(C) Compulsory Process. To request subpoenas as it deems
1163-necessary for its investigations.
1164-(D) Complaints. To file complaints with the Commission in
1165-conformity with this Act and to intervene in complaints
1166-pending before the Commission filed under Article 2, 4, 5, 5A,
1167-or 6.
1168-
1169-
1170-(E) Judicial Enforcement. To seek temporary relief and to
1171-enforce orders of the Commission in conformity with this Act.
1172-(F) Equal Employment Opportunities. To take such action as
1173-may be authorized to provide for equal employment
1174-opportunities and affirmative action.
1175-(G) Recruitment; Research; Public Communication; Advisory
1176-Councils. To engage in such recruitment, research and public
1177-communication and create such advisory councils as may be
1178-authorized to effectuate the purposes of this Act.
1179-(H) Coordination with other Agencies. To coordinate its
1180-activities with federal, state, and local agencies in
1181-conformity with this Act.
1182-(I) Grants; Private Gifts.
1183-(1) To accept public grants and private gifts as may
1184-be authorized.
1185-(2) To design grant programs and award grants to
1186-eligible recipients.
1187-(J) Education and Training. To implement a formal and
1188-unbiased program of education and training for all employees
1189-assigned to investigate and conciliate charges under Articles
1190-7A and 7B. The training program shall include the following:
1191-(1) substantive and procedural aspects of the
1192-investigation and conciliation positions;
1193-(2) current issues in human rights law and practice;
1194-(3) lectures by specialists in substantive areas
1195-related to human rights matters;
1196-
1197-
1198-(4) orientation to each operational unit of the
1199-Department and Commission;
1200-(5) observation of experienced Department
1201-investigators and attorneys conducting conciliation
1202-conferences, combined with the opportunity to discuss
1203-evidence presented and rulings made;
1204-(6) the use of hypothetical cases requiring the
1205-Department investigator and conciliation conference
1206-attorney to issue judgments as a means to evaluating
1207-knowledge and writing ability;
1208-(7) writing skills;
1209-(8) computer skills, including but not limited to word
1210-processing and document management.
1211-A formal, unbiased and ongoing professional development
1212-program including, but not limited to, the above-noted areas
1213-shall be implemented to keep Department investigators and
1214-attorneys informed of recent developments and issues and to
1215-assist them in maintaining and enhancing their professional
1216-competence.
1217-(K) Hotlines. To establish and maintain hotlines and
1218-helplines to aid in effectuating the purposes of this Act
1219-including the confidential reporting of discrimination,
1220-harassment, and bias incidents. All communications received or
1221-sent via the hotlines and helplines are exempt from disclosure
1222-under the Freedom of Information Act.
1223-(Source: P.A. 102-1115, eff. 1-9-23; 103-335, eff. 1-1-24.)
1224-
1225-
1226-(775 ILCS 5/8-113 rep.)
1227-Section 10. The Illinois Human Rights Act is amended by
1228-repealing Section 8-113.
1229-Section 95. No acceleration or delay. Where this Act makes
1230-changes in a statute that is represented in this Act by text
1231-that is not yet or no longer in effect (for example, a Section
1232-represented by multiple versions), the use of that text does
1233-not accelerate or delay the taking effect of (i) the changes
1234-made by this Act or (ii) provisions derived from any other
1235-Public Act.
1236-Section 99. Effective date. This Act takes effect upon
1237-becoming law except that Sections 5 and 10 take effect January
1238-1, 2025.
1239-INDEX Statutes amended in order of appearance INDEX Statutes amended in order of appearance
1240-INDEX
1241-Statutes amended in order of appearance
32+HB5371 Enrolled- 2 -LRB103 39459 JRC 69653 b HB5371 Enrolled - 2 - LRB103 39459 JRC 69653 b
33+ HB5371 Enrolled - 2 - LRB103 39459 JRC 69653 b
34+1 Public Health and its authorized representatives relating
35+2 to known or suspected cases of sexually transmissible
36+3 disease or any information the disclosure of which is
37+4 restricted under the Illinois Sexually Transmissible
38+5 Disease Control Act.
39+6 (e) Information the disclosure of which is exempted
40+7 under Section 30 of the Radon Industry Licensing Act.
41+8 (f) Firm performance evaluations under Section 55 of
42+9 the Architectural, Engineering, and Land Surveying
43+10 Qualifications Based Selection Act.
44+11 (g) Information the disclosure of which is restricted
45+12 and exempted under Section 50 of the Illinois Prepaid
46+13 Tuition Act.
47+14 (h) Information the disclosure of which is exempted
48+15 under the State Officials and Employees Ethics Act, and
49+16 records of any lawfully created State or local inspector
50+17 general's office that would be exempt if created or
51+18 obtained by an Executive Inspector General's office under
52+19 that Act.
53+20 (i) Information contained in a local emergency energy
54+21 plan submitted to a municipality in accordance with a
55+22 local emergency energy plan ordinance that is adopted
56+23 under Section 11-21.5-5 of the Illinois Municipal Code.
57+24 (j) Information and data concerning the distribution
58+25 of surcharge moneys collected and remitted by carriers
59+26 under the Emergency Telephone System Act.
124260
124361
124462
1245-INDEX
1246-Statutes amended in order of appearance
63+
64+
65+ HB5371 Enrolled - 2 - LRB103 39459 JRC 69653 b
66+
67+
68+HB5371 Enrolled- 3 -LRB103 39459 JRC 69653 b HB5371 Enrolled - 3 - LRB103 39459 JRC 69653 b
69+ HB5371 Enrolled - 3 - LRB103 39459 JRC 69653 b
70+1 (k) Law enforcement officer identification information
71+2 or driver identification information compiled by a law
72+3 enforcement agency or the Department of Transportation
73+4 under Section 11-212 of the Illinois Vehicle Code.
74+5 (l) Records and information provided to a residential
75+6 health care facility resident sexual assault and death
76+7 review team or the Executive Council under the Abuse
77+8 Prevention Review Team Act.
78+9 (m) Information provided to the predatory lending
79+10 database created pursuant to Article 3 of the Residential
80+11 Real Property Disclosure Act, except to the extent
81+12 authorized under that Article.
82+13 (n) Defense budgets and petitions for certification of
83+14 compensation and expenses for court appointed trial
84+15 counsel as provided under Sections 10 and 15 of the
85+16 Capital Crimes Litigation Act (repealed). This subsection
86+17 (n) shall apply until the conclusion of the trial of the
87+18 case, even if the prosecution chooses not to pursue the
88+19 death penalty prior to trial or sentencing.
89+20 (o) Information that is prohibited from being
90+21 disclosed under Section 4 of the Illinois Health and
91+22 Hazardous Substances Registry Act.
92+23 (p) Security portions of system safety program plans,
93+24 investigation reports, surveys, schedules, lists, data, or
94+25 information compiled, collected, or prepared by or for the
95+26 Department of Transportation under Sections 2705-300 and
96+
97+
98+
99+
100+
101+ HB5371 Enrolled - 3 - LRB103 39459 JRC 69653 b
102+
103+
104+HB5371 Enrolled- 4 -LRB103 39459 JRC 69653 b HB5371 Enrolled - 4 - LRB103 39459 JRC 69653 b
105+ HB5371 Enrolled - 4 - LRB103 39459 JRC 69653 b
106+1 2705-616 of the Department of Transportation Law of the
107+2 Civil Administrative Code of Illinois, the Regional
108+3 Transportation Authority under Section 2.11 of the
109+4 Regional Transportation Authority Act, or the St. Clair
110+5 County Transit District under the Bi-State Transit Safety
111+6 Act (repealed).
112+7 (q) Information prohibited from being disclosed by the
113+8 Personnel Record Review Act.
114+9 (r) Information prohibited from being disclosed by the
115+10 Illinois School Student Records Act.
116+11 (s) Information the disclosure of which is restricted
117+12 under Section 5-108 of the Public Utilities Act.
118+13 (t) (Blank).
119+14 (u) Records and information provided to an independent
120+15 team of experts under the Developmental Disability and
121+16 Mental Health Safety Act (also known as Brian's Law).
122+17 (v) Names and information of people who have applied
123+18 for or received Firearm Owner's Identification Cards under
124+19 the Firearm Owners Identification Card Act or applied for
125+20 or received a concealed carry license under the Firearm
126+21 Concealed Carry Act, unless otherwise authorized by the
127+22 Firearm Concealed Carry Act; and databases under the
128+23 Firearm Concealed Carry Act, records of the Concealed
129+24 Carry Licensing Review Board under the Firearm Concealed
130+25 Carry Act, and law enforcement agency objections under the
131+26 Firearm Concealed Carry Act.
132+
133+
134+
135+
136+
137+ HB5371 Enrolled - 4 - LRB103 39459 JRC 69653 b
138+
139+
140+HB5371 Enrolled- 5 -LRB103 39459 JRC 69653 b HB5371 Enrolled - 5 - LRB103 39459 JRC 69653 b
141+ HB5371 Enrolled - 5 - LRB103 39459 JRC 69653 b
142+1 (v-5) Records of the Firearm Owner's Identification
143+2 Card Review Board that are exempted from disclosure under
144+3 Section 10 of the Firearm Owners Identification Card Act.
145+4 (w) Personally identifiable information which is
146+5 exempted from disclosure under subsection (g) of Section
147+6 19.1 of the Toll Highway Act.
148+7 (x) Information which is exempted from disclosure
149+8 under Section 5-1014.3 of the Counties Code or Section
150+9 8-11-21 of the Illinois Municipal Code.
151+10 (y) Confidential information under the Adult
152+11 Protective Services Act and its predecessor enabling
153+12 statute, the Elder Abuse and Neglect Act, including
154+13 information about the identity and administrative finding
155+14 against any caregiver of a verified and substantiated
156+15 decision of abuse, neglect, or financial exploitation of
157+16 an eligible adult maintained in the Registry established
158+17 under Section 7.5 of the Adult Protective Services Act.
159+18 (z) Records and information provided to a fatality
160+19 review team or the Illinois Fatality Review Team Advisory
161+20 Council under Section 15 of the Adult Protective Services
162+21 Act.
163+22 (aa) Information which is exempted from disclosure
164+23 under Section 2.37 of the Wildlife Code.
165+24 (bb) Information which is or was prohibited from
166+25 disclosure by the Juvenile Court Act of 1987.
167+26 (cc) Recordings made under the Law Enforcement
168+
169+
170+
171+
172+
173+ HB5371 Enrolled - 5 - LRB103 39459 JRC 69653 b
174+
175+
176+HB5371 Enrolled- 6 -LRB103 39459 JRC 69653 b HB5371 Enrolled - 6 - LRB103 39459 JRC 69653 b
177+ HB5371 Enrolled - 6 - LRB103 39459 JRC 69653 b
178+1 Officer-Worn Body Camera Act, except to the extent
179+2 authorized under that Act.
180+3 (dd) Information that is prohibited from being
181+4 disclosed under Section 45 of the Condominium and Common
182+5 Interest Community Ombudsperson Act.
183+6 (ee) Information that is exempted from disclosure
184+7 under Section 30.1 of the Pharmacy Practice Act.
185+8 (ff) Information that is exempted from disclosure
186+9 under the Revised Uniform Unclaimed Property Act.
187+10 (gg) Information that is prohibited from being
188+11 disclosed under Section 7-603.5 of the Illinois Vehicle
189+12 Code.
190+13 (hh) Records that are exempt from disclosure under
191+14 Section 1A-16.7 of the Election Code.
192+15 (ii) Information which is exempted from disclosure
193+16 under Section 2505-800 of the Department of Revenue Law of
194+17 the Civil Administrative Code of Illinois.
195+18 (jj) Information and reports that are required to be
196+19 submitted to the Department of Labor by registering day
197+20 and temporary labor service agencies but are exempt from
198+21 disclosure under subsection (a-1) of Section 45 of the Day
199+22 and Temporary Labor Services Act.
200+23 (kk) Information prohibited from disclosure under the
201+24 Seizure and Forfeiture Reporting Act.
202+25 (ll) Information the disclosure of which is restricted
203+26 and exempted under Section 5-30.8 of the Illinois Public
204+
205+
206+
207+
208+
209+ HB5371 Enrolled - 6 - LRB103 39459 JRC 69653 b
210+
211+
212+HB5371 Enrolled- 7 -LRB103 39459 JRC 69653 b HB5371 Enrolled - 7 - LRB103 39459 JRC 69653 b
213+ HB5371 Enrolled - 7 - LRB103 39459 JRC 69653 b
214+1 Aid Code.
215+2 (mm) Records that are exempt from disclosure under
216+3 Section 4.2 of the Crime Victims Compensation Act.
217+4 (nn) Information that is exempt from disclosure under
218+5 Section 70 of the Higher Education Student Assistance Act.
219+6 (oo) Communications, notes, records, and reports
220+7 arising out of a peer support counseling session
221+8 prohibited from disclosure under the First Responders
222+9 Suicide Prevention Act.
223+10 (pp) Names and all identifying information relating to
224+11 an employee of an emergency services provider or law
225+12 enforcement agency under the First Responders Suicide
226+13 Prevention Act.
227+14 (qq) Information and records held by the Department of
228+15 Public Health and its authorized representatives collected
229+16 under the Reproductive Health Act.
230+17 (rr) Information that is exempt from disclosure under
231+18 the Cannabis Regulation and Tax Act.
232+19 (ss) Data reported by an employer to the Department of
233+20 Human Rights pursuant to Section 2-108 of the Illinois
234+21 Human Rights Act.
235+22 (tt) Recordings made under the Children's Advocacy
236+23 Center Act, except to the extent authorized under that
237+24 Act.
238+25 (uu) Information that is exempt from disclosure under
239+26 Section 50 of the Sexual Assault Evidence Submission Act.
240+
241+
242+
243+
244+
245+ HB5371 Enrolled - 7 - LRB103 39459 JRC 69653 b
246+
247+
248+HB5371 Enrolled- 8 -LRB103 39459 JRC 69653 b HB5371 Enrolled - 8 - LRB103 39459 JRC 69653 b
249+ HB5371 Enrolled - 8 - LRB103 39459 JRC 69653 b
250+1 (vv) Information that is exempt from disclosure under
251+2 subsections (f) and (j) of Section 5-36 of the Illinois
252+3 Public Aid Code.
253+4 (ww) Information that is exempt from disclosure under
254+5 Section 16.8 of the State Treasurer Act.
255+6 (xx) Information that is exempt from disclosure or
256+7 information that shall not be made public under the
257+8 Illinois Insurance Code.
258+9 (yy) Information prohibited from being disclosed under
259+10 the Illinois Educational Labor Relations Act.
260+11 (zz) Information prohibited from being disclosed under
261+12 the Illinois Public Labor Relations Act.
262+13 (aaa) Information prohibited from being disclosed
263+14 under Section 1-167 of the Illinois Pension Code.
264+15 (bbb) Information that is prohibited from disclosure
265+16 by the Illinois Police Training Act and the Illinois State
266+17 Police Act.
267+18 (ccc) Records exempt from disclosure under Section
268+19 2605-304 of the Illinois State Police Law of the Civil
269+20 Administrative Code of Illinois.
270+21 (ddd) Information prohibited from being disclosed
271+22 under Section 35 of the Address Confidentiality for
272+23 Victims of Domestic Violence, Sexual Assault, Human
273+24 Trafficking, or Stalking Act.
274+25 (eee) Information prohibited from being disclosed
275+26 under subsection (b) of Section 75 of the Domestic
276+
277+
278+
279+
280+
281+ HB5371 Enrolled - 8 - LRB103 39459 JRC 69653 b
282+
283+
284+HB5371 Enrolled- 9 -LRB103 39459 JRC 69653 b HB5371 Enrolled - 9 - LRB103 39459 JRC 69653 b
285+ HB5371 Enrolled - 9 - LRB103 39459 JRC 69653 b
286+1 Violence Fatality Review Act.
287+2 (fff) Images from cameras under the Expressway Camera
288+3 Act. This subsection (fff) is inoperative on and after
289+4 July 1, 2025.
290+5 (ggg) Information prohibited from disclosure under
291+6 paragraph (3) of subsection (a) of Section 14 of the Nurse
292+7 Agency Licensing Act.
293+8 (hhh) Information submitted to the Illinois State
294+9 Police in an affidavit or application for an assault
295+10 weapon endorsement, assault weapon attachment endorsement,
296+11 .50 caliber rifle endorsement, or .50 caliber cartridge
297+12 endorsement under the Firearm Owners Identification Card
298+13 Act.
299+14 (iii) Data exempt from disclosure under Section 50 of
300+15 the School Safety Drill Act.
301+16 (jjj) (hhh) Information exempt from disclosure under
302+17 Section 30 of the Insurance Data Security Law.
303+18 (kkk) (iii) Confidential business information
304+19 prohibited from disclosure under Section 45 of the Paint
305+20 Stewardship Act.
306+21 (lll) (Reserved).
307+22 (mmm) (iii) Information prohibited from being
308+23 disclosed under subsection (e) of Section 1-129 of the
309+24 Illinois Power Agency Act.
310+25 (nnn) Information that is exempt from disclosure under
311+26 Section 7-101 of the Illinois Human Rights Act.
312+
313+
314+
315+
316+
317+ HB5371 Enrolled - 9 - LRB103 39459 JRC 69653 b
318+
319+
320+HB5371 Enrolled- 10 -LRB103 39459 JRC 69653 b HB5371 Enrolled - 10 - LRB103 39459 JRC 69653 b
321+ HB5371 Enrolled - 10 - LRB103 39459 JRC 69653 b
322+1 (Source: P.A. 102-36, eff. 6-25-21; 102-237, eff. 1-1-22;
323+2 102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff.
324+3 8-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22;
325+4 102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff.
326+5 6-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372,
327+6 eff. 1-1-24; 103-508, eff. 8-4-23; 103-580, eff. 12-8-23;
328+7 revised 1-2-24.)
329+8 (Text of Section after amendment by P.A. 103-472)
330+9 Sec. 7.5. Statutory exemptions. To the extent provided for
331+10 by the statutes referenced below, the following shall be
332+11 exempt from inspection and copying:
333+12 (a) All information determined to be confidential
334+13 under Section 4002 of the Technology Advancement and
335+14 Development Act.
336+15 (b) Library circulation and order records identifying
337+16 library users with specific materials under the Library
338+17 Records Confidentiality Act.
339+18 (c) Applications, related documents, and medical
340+19 records received by the Experimental Organ Transplantation
341+20 Procedures Board and any and all documents or other
342+21 records prepared by the Experimental Organ Transplantation
343+22 Procedures Board or its staff relating to applications it
344+23 has received.
345+24 (d) Information and records held by the Department of
346+25 Public Health and its authorized representatives relating
347+
348+
349+
350+
351+
352+ HB5371 Enrolled - 10 - LRB103 39459 JRC 69653 b
353+
354+
355+HB5371 Enrolled- 11 -LRB103 39459 JRC 69653 b HB5371 Enrolled - 11 - LRB103 39459 JRC 69653 b
356+ HB5371 Enrolled - 11 - LRB103 39459 JRC 69653 b
357+1 to known or suspected cases of sexually transmissible
358+2 disease or any information the disclosure of which is
359+3 restricted under the Illinois Sexually Transmissible
360+4 Disease Control Act.
361+5 (e) Information the disclosure of which is exempted
362+6 under Section 30 of the Radon Industry Licensing Act.
363+7 (f) Firm performance evaluations under Section 55 of
364+8 the Architectural, Engineering, and Land Surveying
365+9 Qualifications Based Selection Act.
366+10 (g) Information the disclosure of which is restricted
367+11 and exempted under Section 50 of the Illinois Prepaid
368+12 Tuition Act.
369+13 (h) Information the disclosure of which is exempted
370+14 under the State Officials and Employees Ethics Act, and
371+15 records of any lawfully created State or local inspector
372+16 general's office that would be exempt if created or
373+17 obtained by an Executive Inspector General's office under
374+18 that Act.
375+19 (i) Information contained in a local emergency energy
376+20 plan submitted to a municipality in accordance with a
377+21 local emergency energy plan ordinance that is adopted
378+22 under Section 11-21.5-5 of the Illinois Municipal Code.
379+23 (j) Information and data concerning the distribution
380+24 of surcharge moneys collected and remitted by carriers
381+25 under the Emergency Telephone System Act.
382+26 (k) Law enforcement officer identification information
383+
384+
385+
386+
387+
388+ HB5371 Enrolled - 11 - LRB103 39459 JRC 69653 b
389+
390+
391+HB5371 Enrolled- 12 -LRB103 39459 JRC 69653 b HB5371 Enrolled - 12 - LRB103 39459 JRC 69653 b
392+ HB5371 Enrolled - 12 - LRB103 39459 JRC 69653 b
393+1 or driver identification information compiled by a law
394+2 enforcement agency or the Department of Transportation
395+3 under Section 11-212 of the Illinois Vehicle Code.
396+4 (l) Records and information provided to a residential
397+5 health care facility resident sexual assault and death
398+6 review team or the Executive Council under the Abuse
399+7 Prevention Review Team Act.
400+8 (m) Information provided to the predatory lending
401+9 database created pursuant to Article 3 of the Residential
402+10 Real Property Disclosure Act, except to the extent
403+11 authorized under that Article.
404+12 (n) Defense budgets and petitions for certification of
405+13 compensation and expenses for court appointed trial
406+14 counsel as provided under Sections 10 and 15 of the
407+15 Capital Crimes Litigation Act (repealed). This subsection
408+16 (n) shall apply until the conclusion of the trial of the
409+17 case, even if the prosecution chooses not to pursue the
410+18 death penalty prior to trial or sentencing.
411+19 (o) Information that is prohibited from being
412+20 disclosed under Section 4 of the Illinois Health and
413+21 Hazardous Substances Registry Act.
414+22 (p) Security portions of system safety program plans,
415+23 investigation reports, surveys, schedules, lists, data, or
416+24 information compiled, collected, or prepared by or for the
417+25 Department of Transportation under Sections 2705-300 and
418+26 2705-616 of the Department of Transportation Law of the
419+
420+
421+
422+
423+
424+ HB5371 Enrolled - 12 - LRB103 39459 JRC 69653 b
425+
426+
427+HB5371 Enrolled- 13 -LRB103 39459 JRC 69653 b HB5371 Enrolled - 13 - LRB103 39459 JRC 69653 b
428+ HB5371 Enrolled - 13 - LRB103 39459 JRC 69653 b
429+1 Civil Administrative Code of Illinois, the Regional
430+2 Transportation Authority under Section 2.11 of the
431+3 Regional Transportation Authority Act, or the St. Clair
432+4 County Transit District under the Bi-State Transit Safety
433+5 Act (repealed).
434+6 (q) Information prohibited from being disclosed by the
435+7 Personnel Record Review Act.
436+8 (r) Information prohibited from being disclosed by the
437+9 Illinois School Student Records Act.
438+10 (s) Information the disclosure of which is restricted
439+11 under Section 5-108 of the Public Utilities Act.
440+12 (t) (Blank).
441+13 (u) Records and information provided to an independent
442+14 team of experts under the Developmental Disability and
443+15 Mental Health Safety Act (also known as Brian's Law).
444+16 (v) Names and information of people who have applied
445+17 for or received Firearm Owner's Identification Cards under
446+18 the Firearm Owners Identification Card Act or applied for
447+19 or received a concealed carry license under the Firearm
448+20 Concealed Carry Act, unless otherwise authorized by the
449+21 Firearm Concealed Carry Act; and databases under the
450+22 Firearm Concealed Carry Act, records of the Concealed
451+23 Carry Licensing Review Board under the Firearm Concealed
452+24 Carry Act, and law enforcement agency objections under the
453+25 Firearm Concealed Carry Act.
454+26 (v-5) Records of the Firearm Owner's Identification
455+
456+
457+
458+
459+
460+ HB5371 Enrolled - 13 - LRB103 39459 JRC 69653 b
461+
462+
463+HB5371 Enrolled- 14 -LRB103 39459 JRC 69653 b HB5371 Enrolled - 14 - LRB103 39459 JRC 69653 b
464+ HB5371 Enrolled - 14 - LRB103 39459 JRC 69653 b
465+1 Card Review Board that are exempted from disclosure under
466+2 Section 10 of the Firearm Owners Identification Card Act.
467+3 (w) Personally identifiable information which is
468+4 exempted from disclosure under subsection (g) of Section
469+5 19.1 of the Toll Highway Act.
470+6 (x) Information which is exempted from disclosure
471+7 under Section 5-1014.3 of the Counties Code or Section
472+8 8-11-21 of the Illinois Municipal Code.
473+9 (y) Confidential information under the Adult
474+10 Protective Services Act and its predecessor enabling
475+11 statute, the Elder Abuse and Neglect Act, including
476+12 information about the identity and administrative finding
477+13 against any caregiver of a verified and substantiated
478+14 decision of abuse, neglect, or financial exploitation of
479+15 an eligible adult maintained in the Registry established
480+16 under Section 7.5 of the Adult Protective Services Act.
481+17 (z) Records and information provided to a fatality
482+18 review team or the Illinois Fatality Review Team Advisory
483+19 Council under Section 15 of the Adult Protective Services
484+20 Act.
485+21 (aa) Information which is exempted from disclosure
486+22 under Section 2.37 of the Wildlife Code.
487+23 (bb) Information which is or was prohibited from
488+24 disclosure by the Juvenile Court Act of 1987.
489+25 (cc) Recordings made under the Law Enforcement
490+26 Officer-Worn Body Camera Act, except to the extent
491+
492+
493+
494+
495+
496+ HB5371 Enrolled - 14 - LRB103 39459 JRC 69653 b
497+
498+
499+HB5371 Enrolled- 15 -LRB103 39459 JRC 69653 b HB5371 Enrolled - 15 - LRB103 39459 JRC 69653 b
500+ HB5371 Enrolled - 15 - LRB103 39459 JRC 69653 b
501+1 authorized under that Act.
502+2 (dd) Information that is prohibited from being
503+3 disclosed under Section 45 of the Condominium and Common
504+4 Interest Community Ombudsperson Act.
505+5 (ee) Information that is exempted from disclosure
506+6 under Section 30.1 of the Pharmacy Practice Act.
507+7 (ff) Information that is exempted from disclosure
508+8 under the Revised Uniform Unclaimed Property Act.
509+9 (gg) Information that is prohibited from being
510+10 disclosed under Section 7-603.5 of the Illinois Vehicle
511+11 Code.
512+12 (hh) Records that are exempt from disclosure under
513+13 Section 1A-16.7 of the Election Code.
514+14 (ii) Information which is exempted from disclosure
515+15 under Section 2505-800 of the Department of Revenue Law of
516+16 the Civil Administrative Code of Illinois.
517+17 (jj) Information and reports that are required to be
518+18 submitted to the Department of Labor by registering day
519+19 and temporary labor service agencies but are exempt from
520+20 disclosure under subsection (a-1) of Section 45 of the Day
521+21 and Temporary Labor Services Act.
522+22 (kk) Information prohibited from disclosure under the
523+23 Seizure and Forfeiture Reporting Act.
524+24 (ll) Information the disclosure of which is restricted
525+25 and exempted under Section 5-30.8 of the Illinois Public
526+26 Aid Code.
527+
528+
529+
530+
531+
532+ HB5371 Enrolled - 15 - LRB103 39459 JRC 69653 b
533+
534+
535+HB5371 Enrolled- 16 -LRB103 39459 JRC 69653 b HB5371 Enrolled - 16 - LRB103 39459 JRC 69653 b
536+ HB5371 Enrolled - 16 - LRB103 39459 JRC 69653 b
537+1 (mm) Records that are exempt from disclosure under
538+2 Section 4.2 of the Crime Victims Compensation Act.
539+3 (nn) Information that is exempt from disclosure under
540+4 Section 70 of the Higher Education Student Assistance Act.
541+5 (oo) Communications, notes, records, and reports
542+6 arising out of a peer support counseling session
543+7 prohibited from disclosure under the First Responders
544+8 Suicide Prevention Act.
545+9 (pp) Names and all identifying information relating to
546+10 an employee of an emergency services provider or law
547+11 enforcement agency under the First Responders Suicide
548+12 Prevention Act.
549+13 (qq) Information and records held by the Department of
550+14 Public Health and its authorized representatives collected
551+15 under the Reproductive Health Act.
552+16 (rr) Information that is exempt from disclosure under
553+17 the Cannabis Regulation and Tax Act.
554+18 (ss) Data reported by an employer to the Department of
555+19 Human Rights pursuant to Section 2-108 of the Illinois
556+20 Human Rights Act.
557+21 (tt) Recordings made under the Children's Advocacy
558+22 Center Act, except to the extent authorized under that
559+23 Act.
560+24 (uu) Information that is exempt from disclosure under
561+25 Section 50 of the Sexual Assault Evidence Submission Act.
562+26 (vv) Information that is exempt from disclosure under
563+
564+
565+
566+
567+
568+ HB5371 Enrolled - 16 - LRB103 39459 JRC 69653 b
569+
570+
571+HB5371 Enrolled- 17 -LRB103 39459 JRC 69653 b HB5371 Enrolled - 17 - LRB103 39459 JRC 69653 b
572+ HB5371 Enrolled - 17 - LRB103 39459 JRC 69653 b
573+1 subsections (f) and (j) of Section 5-36 of the Illinois
574+2 Public Aid Code.
575+3 (ww) Information that is exempt from disclosure under
576+4 Section 16.8 of the State Treasurer Act.
577+5 (xx) Information that is exempt from disclosure or
578+6 information that shall not be made public under the
579+7 Illinois Insurance Code.
580+8 (yy) Information prohibited from being disclosed under
581+9 the Illinois Educational Labor Relations Act.
582+10 (zz) Information prohibited from being disclosed under
583+11 the Illinois Public Labor Relations Act.
584+12 (aaa) Information prohibited from being disclosed
585+13 under Section 1-167 of the Illinois Pension Code.
586+14 (bbb) Information that is prohibited from disclosure
587+15 by the Illinois Police Training Act and the Illinois State
588+16 Police Act.
589+17 (ccc) Records exempt from disclosure under Section
590+18 2605-304 of the Illinois State Police Law of the Civil
591+19 Administrative Code of Illinois.
592+20 (ddd) Information prohibited from being disclosed
593+21 under Section 35 of the Address Confidentiality for
594+22 Victims of Domestic Violence, Sexual Assault, Human
595+23 Trafficking, or Stalking Act.
596+24 (eee) Information prohibited from being disclosed
597+25 under subsection (b) of Section 75 of the Domestic
598+26 Violence Fatality Review Act.
599+
600+
601+
602+
603+
604+ HB5371 Enrolled - 17 - LRB103 39459 JRC 69653 b
605+
606+
607+HB5371 Enrolled- 18 -LRB103 39459 JRC 69653 b HB5371 Enrolled - 18 - LRB103 39459 JRC 69653 b
608+ HB5371 Enrolled - 18 - LRB103 39459 JRC 69653 b
609+1 (fff) Images from cameras under the Expressway Camera
610+2 Act. This subsection (fff) is inoperative on and after
611+3 July 1, 2025.
612+4 (ggg) Information prohibited from disclosure under
613+5 paragraph (3) of subsection (a) of Section 14 of the Nurse
614+6 Agency Licensing Act.
615+7 (hhh) Information submitted to the Illinois State
616+8 Police in an affidavit or application for an assault
617+9 weapon endorsement, assault weapon attachment endorsement,
618+10 .50 caliber rifle endorsement, or .50 caliber cartridge
619+11 endorsement under the Firearm Owners Identification Card
620+12 Act.
621+13 (iii) Data exempt from disclosure under Section 50 of
622+14 the School Safety Drill Act.
623+15 (jjj) (hhh) Information exempt from disclosure under
624+16 Section 30 of the Insurance Data Security Law.
625+17 (kkk) (iii) Confidential business information
626+18 prohibited from disclosure under Section 45 of the Paint
627+19 Stewardship Act.
628+20 (lll) (iii) Data exempt from disclosure under Section
629+21 2-3.196 of the School Code.
630+22 (mmm) (iii) Information prohibited from being
631+23 disclosed under subsection (e) of Section 1-129 of the
632+24 Illinois Power Agency Act.
633+25 (nnn) Information that is exempt from disclosure under
634+26 Section 7-101 of the Illinois Human Rights Act.
635+
636+
637+
638+
639+
640+ HB5371 Enrolled - 18 - LRB103 39459 JRC 69653 b
641+
642+
643+HB5371 Enrolled- 19 -LRB103 39459 JRC 69653 b HB5371 Enrolled - 19 - LRB103 39459 JRC 69653 b
644+ HB5371 Enrolled - 19 - LRB103 39459 JRC 69653 b
645+1 (Source: P.A. 102-36, eff. 6-25-21; 102-237, eff. 1-1-22;
646+2 102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff.
647+3 8-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22;
648+4 102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff.
649+5 6-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372,
650+6 eff. 1-1-24; 103-472, eff. 8-1-24; 103-508, eff. 8-4-23;
651+7 103-580, eff. 12-8-23; revised 1-2-24.)
652+8 Section 5. The Illinois Human Rights Act is amended by
653+9 changing Sections 3-101, 3-102, 8-101, 8-111, 8B-104, 10-103,
654+10 and 10-104 as follows:
655+11 (775 ILCS 5/3-101) (from Ch. 68, par. 3-101)
656+12 Sec. 3-101. Definitions. The following definitions are
657+13 applicable strictly in the context of this Article:
658+14 (A) Real Property. "Real property" includes buildings,
659+15 structures, real estate, lands, tenements, leaseholds,
660+16 interests in real estate cooperatives, condominiums, and
661+17 hereditaments, corporeal and incorporeal, or any interest
662+18 therein.
663+19 (B) Real Estate Transaction. "Real estate transaction"
664+20 includes the sale, exchange, rental or lease of real property,
665+21 or any act that otherwise makes available such a transaction
666+22 or alters a person's rights to real property. "Real estate
667+23 transaction" also includes the brokering or appraising of
668+24 residential real property and the making or purchasing of
669+
670+
671+
672+
673+
674+ HB5371 Enrolled - 19 - LRB103 39459 JRC 69653 b
675+
676+
677+HB5371 Enrolled- 20 -LRB103 39459 JRC 69653 b HB5371 Enrolled - 20 - LRB103 39459 JRC 69653 b
678+ HB5371 Enrolled - 20 - LRB103 39459 JRC 69653 b
679+1 loans or providing other financial assistance:
680+2 (1) for purchasing, constructing, improving, repairing
681+3 or maintaining a dwelling; or
682+4 (2) secured by residential real estate.
683+5 (C) Housing Accommodations. "Housing accommodation"
684+6 includes any improved or unimproved real property, or part
685+7 thereof, which is used or occupied, or is intended, arranged
686+8 or designed to be used or occupied, as the home or residence of
687+9 one or more individuals.
688+10 (D) Real Estate Broker or Salesman. "Real estate broker or
689+11 salesman" means a person, whether licensed or not, who, for or
690+12 with the expectation of receiving a consideration, lists,
691+13 sells, purchases, exchanges, rents, or leases real property,
692+14 or who negotiates or attempts to negotiate any of these
693+15 activities, or who holds oneself out as engaged in these.
694+16 (E) Familial Status. "Familial status" means one or more
695+17 individuals (who have not attained the age of 18 years) being
696+18 domiciled with:
697+19 (1) a parent or person having legal custody of such
698+20 individual or individuals; or
699+21 (2) the designee of such parent or other person having
700+22 such custody, with the written permission of such parent
701+23 or other person.
702+24 The protections afforded by this Article against
703+25 discrimination on the basis of familial status apply to any
704+26 person who is pregnant or is in the process of securing legal
705+
706+
707+
708+
709+
710+ HB5371 Enrolled - 20 - LRB103 39459 JRC 69653 b
711+
712+
713+HB5371 Enrolled- 21 -LRB103 39459 JRC 69653 b HB5371 Enrolled - 21 - LRB103 39459 JRC 69653 b
714+ HB5371 Enrolled - 21 - LRB103 39459 JRC 69653 b
715+1 custody of any individual who has not attained the age of 18
716+2 years.
717+3 (F) Conciliation. "Conciliation" means the attempted
718+4 resolution of issues raised by a charge, or by the
719+5 investigation of such charge, through informal negotiations
720+6 involving the aggrieved party, the respondent and the
721+7 Department.
722+8 (G) Conciliation Agreement. "Conciliation agreement" means
723+9 a written agreement setting forth the resolution of the issues
724+10 in conciliation.
725+11 (H) Covered Multifamily Dwellings. As used in Section
726+12 3-102.1, "covered multifamily dwellings" means:
727+13 (1) buildings consisting of 4 or more units if such
728+14 buildings have one or more elevators; and
729+15 (2) ground floor units in other buildings consisting
730+16 of 4 or more units.
731+17 (I) Immigration Status. "Immigration status" means a
732+18 person's actual or perceived citizenship or immigration
733+19 status.
734+20 (Source: P.A. 103-232, eff. 1-1-24.)
735+21 (775 ILCS 5/3-102) (from Ch. 68, par. 3-102)
736+22 Sec. 3-102. Civil rights violations; real estate
737+23 transactions and other prohibited acts. It is a civil rights
738+24 violation for an owner or any other person, or for a real
739+25 estate broker or salesman, because of unlawful discrimination,
740+
741+
742+
743+
744+
745+ HB5371 Enrolled - 21 - LRB103 39459 JRC 69653 b
746+
747+
748+HB5371 Enrolled- 22 -LRB103 39459 JRC 69653 b HB5371 Enrolled - 22 - LRB103 39459 JRC 69653 b
749+ HB5371 Enrolled - 22 - LRB103 39459 JRC 69653 b
750+1 familial status, immigration status, source of income, or an
751+2 arrest record, as defined under subsection (B-5) of Section
752+3 1-103, to:
753+4 (A) Transactions. Refuse to engage in a real estate
754+5 transaction with a person or deny real property, or to
755+6 discriminate in making available such a transaction;
756+7 (B) Terms. Alter the terms, conditions or privileges
757+8 of a real estate transaction or in the furnishing of
758+9 facilities or services in connection therewith;
759+10 (C) Offers. Refuse to receive or to fail to transmit a
760+11 bona fide offer in a real estate transaction from a
761+12 person;
762+13 (D) Negotiation. Refuse to negotiate a real estate
763+14 transaction with a person;
764+15 (E) Representations. Represent to a person that real
765+16 property is not available for inspection, sale, rental, or
766+17 lease when in fact it is so available, or to fail to bring
767+18 a property listing to the person's attention, or to refuse
768+19 to permit the person to inspect real property;
769+20 (F) Publication of Intent. Make, print, circulate,
770+21 post, mail, publish or cause to be made, printed,
771+22 circulated, posted, mailed, or published any notice,
772+23 statement, advertisement or sign, or use a form of
773+24 application for a real estate transaction, or make a
774+25 record or inquiry in connection with a prospective real
775+26 estate transaction, that indicates any preference,
776+
777+
778+
779+
780+
781+ HB5371 Enrolled - 22 - LRB103 39459 JRC 69653 b
782+
783+
784+HB5371 Enrolled- 23 -LRB103 39459 JRC 69653 b HB5371 Enrolled - 23 - LRB103 39459 JRC 69653 b
785+ HB5371 Enrolled - 23 - LRB103 39459 JRC 69653 b
786+1 limitation, or discrimination based on unlawful
787+2 discrimination or unlawful discrimination based on
788+3 familial status, immigration status, source of income, or
789+4 an arrest record, or an intention to make any such
790+5 preference, limitation, or discrimination;
791+6 (G) Listings. Offer, solicit, accept, use or retain a
792+7 listing of real property with knowledge that unlawful
793+8 discrimination or discrimination on the basis of familial
794+9 status, immigration status, source of income, or an arrest
795+10 record in a real estate transaction is intended.
796+11 (H) Criteria. Use criteria or methods that have the
797+12 effect of subjecting individuals to unlawful
798+13 discrimination or discrimination based on familial status,
799+14 immigration status, source of income, or an arrest record
800+15 in a real estate transaction. Such criteria or methods are
801+16 unlawful under this subsection if they are not necessary
802+17 to achieve a substantial, legitimate, non-discriminatory
803+18 interest; or if the substantial, legitimate,
804+19 non-discriminatory interest could be served by another
805+20 practice that has a less discriminatory effect.
806+21 (Source: P.A. 102-896, eff. 1-1-23; 103-232, eff. 1-1-24.)
807+22 (775 ILCS 5/8-101)
808+23 Sec. 8-101. Illinois Human Rights Commission.
809+24 (A) Creation; appointments. The Human Rights Commission is
810+25 created to consist of 7 members appointed by the Governor with
811+
812+
813+
814+
815+
816+ HB5371 Enrolled - 23 - LRB103 39459 JRC 69653 b
817+
818+
819+HB5371 Enrolled- 24 -LRB103 39459 JRC 69653 b HB5371 Enrolled - 24 - LRB103 39459 JRC 69653 b
820+ HB5371 Enrolled - 24 - LRB103 39459 JRC 69653 b
821+1 the advice and consent of the Senate. No more than 4 members
822+2 shall be of the same political party. The Governor shall
823+3 designate one member as chairperson. All appointments shall be
824+4 in writing and filed with the Secretary of State as a public
825+5 record.
826+6 (B) Terms. Of the members first appointed, 4 shall be
827+7 appointed for a term to expire on the third Monday of January,
828+8 2021, and 3 (including the Chairperson) shall be appointed for
829+9 a term to expire on the third Monday of January, 2023.
830+10 Notwithstanding any provision of this Section to the
831+11 contrary, the term of office of each member of the Illinois
832+12 Human Rights Commission is abolished on January 19, 2019.
833+13 Incumbent members holding a position on the Commission that
834+14 was created by Public Act 84-115 and whose terms, if not for
835+15 Public Act 100-1066 this amendatory Act of the 100th General
836+16 Assembly, would have expired January 18, 2021 shall continue
837+17 to exercise all of the powers and be subject to all of the
838+18 duties of members of the Commission until June 30, 2019 or
839+19 until their respective successors are appointed and qualified,
840+20 whichever is earlier.
841+21 Thereafter, each member shall serve for a term of 4 years
842+22 and until the member's successor is appointed and qualified;
843+23 except that any member chosen to fill a vacancy occurring
844+24 otherwise than by expiration of a term shall be appointed only
845+25 for the unexpired term of the member whom the member shall
846+26 succeed and until the member's successor is appointed and
847+
848+
849+
850+
851+
852+ HB5371 Enrolled - 24 - LRB103 39459 JRC 69653 b
853+
854+
855+HB5371 Enrolled- 25 -LRB103 39459 JRC 69653 b HB5371 Enrolled - 25 - LRB103 39459 JRC 69653 b
856+ HB5371 Enrolled - 25 - LRB103 39459 JRC 69653 b
857+1 qualified.
858+2 (C) Vacancies.
859+3 (1) In the case of vacancies on the Commission during
860+4 a recess of the Senate, the Governor shall make a
861+5 temporary appointment until the next meeting of the Senate
862+6 when the Governor shall appoint a person to fill the
863+7 vacancy. Any person so nominated and confirmed by the
864+8 Senate shall hold office for the remainder of the term and
865+9 until the person's successor is appointed and qualified.
866+10 (2) If the Senate is not in session at the time this
867+11 Act takes effect, the Governor shall make temporary
868+12 appointments to the Commission as in the case of
869+13 vacancies.
870+14 (3) Vacancies in the Commission shall not impair the
871+15 right of the remaining members to exercise all the powers
872+16 of the Commission. Except when authorized by this Act to
873+17 proceed through a 3 member panel, a majority of the
874+18 members of the Commission then in office shall constitute
875+19 a quorum.
876+20 (D) Compensation. On and after January 19, 2019, the
877+21 Chairperson of the Commission shall be compensated at the rate
878+22 of $125,000 per year, or as set by the Compensation Review
879+23 Board, whichever is greater, during the Chairperson's service
880+24 as Chairperson, and each other member shall be compensated at
881+25 the rate of $119,000 per year, or as set by the Compensation
882+26 Review Board, whichever is greater. In addition, all members
883+
884+
885+
886+
887+
888+ HB5371 Enrolled - 25 - LRB103 39459 JRC 69653 b
889+
890+
891+HB5371 Enrolled- 26 -LRB103 39459 JRC 69653 b HB5371 Enrolled - 26 - LRB103 39459 JRC 69653 b
892+ HB5371 Enrolled - 26 - LRB103 39459 JRC 69653 b
893+1 of the Commission shall be reimbursed for expenses actually
894+2 and necessarily incurred by them in the performance of their
895+3 duties.
896+4 (E) (Blank). Notwithstanding the general supervisory
897+5 authority of the Chairperson, each commissioner, unless
898+6 appointed to the special temporary panel created under
899+7 subsection (H), has the authority to hire and supervise a
900+8 staff attorney. The staff attorney shall report directly to
901+9 the individual commissioner.
902+10 (F) A formal training program for newly appointed
903+11 commissioners shall be implemented. The training program shall
904+12 include the following:
905+13 (1) substantive and procedural aspects of the office
906+14 of commissioner;
907+15 (2) current issues in employment and housing
908+16 discrimination and public accommodation law and practice;
909+17 (3) orientation to each operational unit of the Human
910+18 Rights Commission;
911+19 (4) observation of experienced hearing officers and
912+20 commissioners conducting hearings of cases, combined with
913+21 the opportunity to discuss evidence presented and rulings
914+22 made;
915+23 (5) the use of hypothetical cases requiring the newly
916+24 appointed commissioner to issue judgments as a means of
917+25 evaluating knowledge and writing ability;
918+26 (6) writing skills; and
919+
920+
921+
922+
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925+
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928+ HB5371 Enrolled - 27 - LRB103 39459 JRC 69653 b
929+1 (7) professional and ethical standards.
930+2 A formal and ongoing professional development program
931+3 including, but not limited to, the above-noted areas shall be
932+4 implemented to keep commissioners informed of recent
933+5 developments and issues and to assist them in maintaining and
934+6 enhancing their professional competence. Each commissioner
935+7 shall complete 20 hours of training in the above-noted areas
936+8 during every 2 years the commissioner remains in office.
937+9 (G) Commissioners must meet one of the following
938+10 qualifications:
939+11 (1) licensed to practice law in the State of Illinois;
940+12 (2) at least 3 years of experience as a hearing
941+13 officer at the Human Rights Commission; or
942+14 (3) at least 4 years of professional experience
943+15 working for or dealing with individuals or corporations
944+16 affected by this Act or similar laws in other
945+17 jurisdictions, including, but not limited to, experience
946+18 with a civil rights advocacy group, a fair housing group,
947+19 a community organization, a trade association, a union, a
948+20 law firm, a legal aid organization, an employer's human
949+21 resources department, an employment discrimination
950+22 consulting firm, a community affairs organization, or a
951+23 municipal human relations agency.
952+24 The Governor's appointment message, filed with the
953+25 Secretary of State and transmitted to the Senate, shall state
954+26 specifically how the experience of a nominee for commissioner
955+
956+
957+
958+
959+
960+ HB5371 Enrolled - 27 - LRB103 39459 JRC 69653 b
961+
962+
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964+ HB5371 Enrolled - 28 - LRB103 39459 JRC 69653 b
965+1 meets the requirement set forth in this subsection. The
966+2 Chairperson must have public or private sector management and
967+3 budget experience, as determined by the Governor.
968+4 Each commissioner shall devote full time to the
969+5 commissioner's duties and any commissioner who is an attorney
970+6 shall not engage in the practice of law, nor shall any
971+7 commissioner hold any other office or position of profit under
972+8 the United States or this State or any municipal corporation
973+9 or political subdivision of this State, nor engage in any
974+10 other business, employment, or vocation.
975+11 (H) (Blank).
976+12 (Source: P.A. 102-1129, eff. 2-10-23; 103-326, eff. 1-1-24;
977+13 revised 12-15-23.)
978+14 (775 ILCS 5/8-111) (from Ch. 68, par. 8-111)
979+15 Sec. 8-111. Court Proceedings.
980+16 (A) Civil Actions Commenced in Circuit Court.
981+17 (1) Venue. Civil actions commenced in a circuit court
982+18 pursuant to Section 7A-102 or 8B-102 shall be commenced in
983+19 the circuit court in the county in which the civil rights
984+20 violation was allegedly committed.
985+21 (2) If a civil action is commenced in a circuit court,
986+22 the form of the complaint shall be in accordance with the
987+23 Code of Civil Procedure.
988+24 (3) Jury Trial. If a civil action is commenced in a
989+25 circuit court under Section 7A-102 or 8B-102, the
990+
991+
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993+
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995+ HB5371 Enrolled - 28 - LRB103 39459 JRC 69653 b
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999+ HB5371 Enrolled - 29 - LRB103 39459 JRC 69653 b
1000+1 plaintiff or defendant may demand trial by jury.
1001+2 (4) Remedies. Upon the finding of a civil rights
1002+3 violation, the circuit court or jury may award any of the
1003+4 remedies set forth in Section 8A-104 or 8B-104.
1004+5 (B) Judicial Review.
1005+6 (1) Any complainant or respondent may apply for and
1006+7 obtain judicial review of a final order of the Commission
1007+8 entered under this Act by filing a petition for review in
1008+9 the Appellate Court within 35 days from the date that a
1009+10 copy of the decision sought to be reviewed was served upon
1010+11 the party affected by the decision. If a 3-member panel or
1011+12 the full Commission finds that an interlocutory order
1012+13 involves a question of law as to which there is
1013+14 substantial ground for difference of opinion and that an
1014+15 immediate appeal from the order may materially advance the
1015+16 ultimate termination of the litigation, any party may
1016+17 petition the Appellate Court for permission to appeal the
1017+18 order. The procedure for obtaining the required Commission
1018+19 findings and the permission of the Appellate Court shall
1019+20 be governed by Supreme Court Rule 308, except the
1020+21 references to the "trial court" shall be understood as
1021+22 referring to the Commission.
1022+23 (2) In any proceeding brought for judicial review, the
1023+24 Commission's findings of fact shall be sustained unless
1024+25 the court determines that such findings are contrary to
1025+26 the manifest weight of the evidence.
1026+
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1032+
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1035+ HB5371 Enrolled - 30 - LRB103 39459 JRC 69653 b
1036+1 (3) Venue. Proceedings for judicial review shall be
1037+2 commenced in the appellate court for the district wherein
1038+3 the civil rights violation which is the subject of the
1039+4 Commission's order was allegedly committed.
1040+5 (C) Judicial Enforcement.
1041+6 (1) When the Commission, at the instance of the
1042+7 Department or an aggrieved party, concludes that any
1043+8 person has violated a valid order of the Commission issued
1044+9 pursuant to this Act, and the violation and its effects
1045+10 are not promptly corrected, the Commission, through a
1046+11 panel of 3 members, shall order the Department to commence
1047+12 an action in the name of the People of the State of
1048+13 Illinois by complaint, alleging the violation, attaching a
1049+14 copy of the order of the Commission and praying for the
1050+15 issuance of an order directing such person, his or her or
1051+16 its officers, agents, servants, successors and assigns to
1052+17 comply with the order of the Commission.
1053+18 (2) An aggrieved party may file a complaint for
1054+19 enforcement of a valid order of the Commission directly in
1055+20 Circuit Court.
1056+21 (3) Upon the commencement of an action filed under
1057+22 paragraphs (1) or (2) of this subsection, the court shall
1058+23 have jurisdiction over the proceedings and power to grant
1059+24 or refuse, in whole or in part, the relief sought or impose
1060+25 such other remedy as the court may deem proper.
1061+26 (4) The court may stay an order of the Commission in
1062+
1063+
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1071+ HB5371 Enrolled - 31 - LRB103 39459 JRC 69653 b
1072+1 accordance with the applicable Supreme Court rules,
1073+2 pending disposition of the proceedings.
1074+3 (5) The court may punish for any violation of its
1075+4 order as in the case of civil contempt.
1076+5 (6) Venue. Proceedings for judicial enforcement of a
1077+6 Commission order shall be commenced in the circuit court
1078+7 in the county wherein the civil rights violation which is
1079+8 the subject of the Commission's order was committed.
1080+9 (7) Enforcement of judicial order. An aggrieved party
1081+10 may take action to collect on a judicial order issued by
1082+11 the Circuit Court in an enforcement action initiated by
1083+12 the State, regardless of whether or not the aggrieved
1084+13 party intervened in an enforcement action.
1085+14 (D) Limitation. Except as otherwise provided by law, no
1086+15 court of this state shall have jurisdiction over the subject
1087+16 of an alleged civil rights violation other than as set forth in
1088+17 this Act.
1089+18 (E) This amendatory Act of 1996 applies to causes of
1090+19 action filed on or after January 1, 1996.
1091+20 (F) The changes made to this Section by this amendatory
1092+21 Act of the 95th General Assembly apply to charges or
1093+22 complaints filed with the Department or the Commission on or
1094+23 after the effective date of those changes.
1095+24 (Source: P.A. 101-661, eff. 4-2-21; 102-706, eff. 4-22-22.)
1096+25 (775 ILCS 5/8B-104) (from Ch. 68, par. 8B-104)
1097+
1098+
1099+
1100+
1101+
1102+ HB5371 Enrolled - 31 - LRB103 39459 JRC 69653 b
1103+
1104+
1105+HB5371 Enrolled- 32 -LRB103 39459 JRC 69653 b HB5371 Enrolled - 32 - LRB103 39459 JRC 69653 b
1106+ HB5371 Enrolled - 32 - LRB103 39459 JRC 69653 b
1107+1 Sec. 8B-104. Relief; penalties. Upon finding a civil
1108+2 rights violation, a hearing officer may recommend and the
1109+3 Commission or any three-member panel thereof may provide for
1110+4 any relief or penalty identified in this Section, separately
1111+5 or in combination, by entering an order directing the
1112+6 respondent to:
1113+7 (A) Cease and Desist Order. Cease and desist from any
1114+8 violation of this Act.
1115+9 (B) Actual Damages. Pay actual damages, as reasonably
1116+10 determined by the Commission, for injury or loss suffered
1117+11 by the complainant.
1118+12 (C) Civil Penalty. Pay a civil penalty per violation
1119+13 to vindicate the public interest. In imposing a civil
1120+14 penalty to vindicate the public interest, a separate
1121+15 penalty may be imposed for each specific act constituting
1122+16 a civil rights violation as defined in Section 1-103, and
1123+17 for each aggrieved party injured by the civil rights
1124+18 violation:
1125+19 (i) in an amount not exceeding $16,000 if the
1126+20 respondent has not been adjudged to have committed any
1127+21 prior civil rights violation under Article 3;
1128+22 (ii) in an amount not exceeding $42,500 if the
1129+23 respondent has been adjudged to have committed one
1130+24 other civil rights violation under Article 3 during
1131+25 the 5-year period ending on the date of the filing of
1132+26 this charge; and
1133+
1134+
1135+
1136+
1137+
1138+ HB5371 Enrolled - 32 - LRB103 39459 JRC 69653 b
1139+
1140+
1141+HB5371 Enrolled- 33 -LRB103 39459 JRC 69653 b HB5371 Enrolled - 33 - LRB103 39459 JRC 69653 b
1142+ HB5371 Enrolled - 33 - LRB103 39459 JRC 69653 b
1143+1 (iii) in an amount not exceeding $70,000 if the
1144+2 respondent has been adjudged to have committed 2 or
1145+3 more civil rights violations under Article 3 during
1146+4 the 7-year period ending on the date of the filing of
1147+5 this charge; except that if the acts constituting the
1148+6 civil rights violation that is the object of the
1149+7 charge are committed by the same natural person who
1150+8 has been previously adjudged to have committed acts
1151+9 constituting a civil rights violation under Article 3,
1152+10 then the civil penalties set forth in subparagraphs
1153+11 (ii) and (iii) may be imposed without regard to the
1154+12 period of time within which any subsequent civil
1155+13 rights violation under Article 3 occurred.
1156+14 (D) Attorney Fees; Costs. Pay to the complainant all
1157+15 or a portion of the costs of maintaining the action,
1158+16 including reasonable attorneys fees and expert witness
1159+17 fees incurred in maintaining this action before the
1160+18 Department, the Commission and in any judicial review and
1161+19 judicial enforcement proceedings.
1162+20 (E) Compliance Report. Report as to the manner of
1163+21 compliance.
1164+22 (F) Posting of Notices. Post notices in a conspicuous
1165+23 place which the Commission may publish or cause to be
1166+24 published setting forth requirements for compliance with
1167+25 this Act or other relevant information which the
1168+26 Commission determines necessary to explain this Act.
1169+
1170+
1171+
1172+
1173+
1174+ HB5371 Enrolled - 33 - LRB103 39459 JRC 69653 b
1175+
1176+
1177+HB5371 Enrolled- 34 -LRB103 39459 JRC 69653 b HB5371 Enrolled - 34 - LRB103 39459 JRC 69653 b
1178+ HB5371 Enrolled - 34 - LRB103 39459 JRC 69653 b
1179+1 (G) Make Complainant Whole. Take such action as may be
1180+2 necessary to make the individual complainant whole,
1181+3 including, but not limited to, awards of interest on the
1182+4 complainant's actual damages from the date of the civil
1183+5 rights violation.
1184+6 (Source: P.A. 99-548, eff. 1-1-17.)
1185+7 (775 ILCS 5/10-103) (from Ch. 68, par. 10-103)
1186+8 Sec. 10-103. Circuit court actions pursuant to election.
1187+9 (A) If an election is made under Section 8B-102, the
1188+10 Department shall authorize and, not later than 30 days after
1189+11 the entry of the administrative closure order is entered by
1190+12 the Commission and served on the Department, the Attorney
1191+13 General shall commence and maintain a civil action on behalf
1192+14 of the aggrieved party in a circuit court of Illinois seeking
1193+15 relief under this Section. Venue for such civil action shall
1194+16 be determined under Section 8-111(A)(1).
1195+17 (B) Any aggrieved party with respect to the issues to be
1196+18 determined in a civil action under this Section may intervene
1197+19 as of right in that civil action.
1198+20 (C) In a civil action under this Section, if the court
1199+21 finds that a civil rights violation has occurred or is about to
1200+22 occur the court may grant as relief any relief which a court
1201+23 could grant with respect to such civil rights violation in a
1202+24 civil action under Section 10-102. Any relief so granted that
1203+25 would accrue to an aggrieved party in a civil action commenced
1204+
1205+
1206+
1207+
1208+
1209+ HB5371 Enrolled - 34 - LRB103 39459 JRC 69653 b
1210+
1211+
1212+HB5371 Enrolled- 35 -LRB103 39459 JRC 69653 b HB5371 Enrolled - 35 - LRB103 39459 JRC 69653 b
1213+ HB5371 Enrolled - 35 - LRB103 39459 JRC 69653 b
1214+1 by that aggrieved party under Section 10-102 shall also accrue
1215+2 to that aggrieved party in a civil action under this Section.
1216+3 If monetary relief is sought for the benefit of an aggrieved
1217+4 party who does not intervene in the civil action, the court
1218+5 shall not award such relief if that aggrieved party has not
1219+6 complied with discovery orders entered by the court.
1220+7 (Source: P.A. 101-530, eff. 1-1-20; 101-661, eff. 4-2-21.)
1221+8 (775 ILCS 5/10-104)
1222+9 Sec. 10-104. Circuit Court Actions by the Illinois
1223+10 Attorney General.
1224+11 (A) Standing, venue, limitations on actions, preliminary
1225+12 investigations, notice, and Assurance of Voluntary Compliance.
1226+13 (1) Whenever the Illinois Attorney General has
1227+14 reasonable cause to believe that any person or group of
1228+15 persons is engaged in a pattern and practice of
1229+16 discrimination prohibited by this Act, the Illinois
1230+17 Attorney General may commence a civil action in the name
1231+18 of the People of the State, as parens patriae on behalf of
1232+19 persons within the State to enforce the provisions of this
1233+20 Act in any appropriate circuit court. Venue for this civil
1234+21 action shall be determined under paragraph (1) of
1235+22 subsection (A) of Section 8-111. Such actions shall be
1236+23 commenced no later than 2 years after the occurrence or
1237+24 the termination of an alleged civil rights violation or
1238+25 the breach of a conciliation agreement or Assurance of
1239+
1240+
1241+
1242+
1243+
1244+ HB5371 Enrolled - 35 - LRB103 39459 JRC 69653 b
1245+
1246+
1247+HB5371 Enrolled- 36 -LRB103 39459 JRC 69653 b HB5371 Enrolled - 36 - LRB103 39459 JRC 69653 b
1248+ HB5371 Enrolled - 36 - LRB103 39459 JRC 69653 b
1249+1 Voluntary Compliance entered into under this Act,
1250+2 whichever occurs last, to obtain relief with respect to
1251+3 the alleged civil rights violation or breach.
1252+4 (2) Prior to initiating a civil action, the Attorney
1253+5 General shall conduct a preliminary investigation to
1254+6 determine whether there is reasonable cause to believe
1255+7 that any person or group of persons is engaged in a pattern
1256+8 and practice of discrimination declared unlawful by this
1257+9 Act and whether the dispute can be resolved without
1258+10 litigation. In conducting this investigation, the Attorney
1259+11 General may:
1260+12 (a) require the individual or entity to file a
1261+13 statement or report in writing under oath or
1262+14 otherwise, as to all information the Attorney General
1263+15 may consider necessary;
1264+16 (b) examine under oath any person alleged to have
1265+17 participated in or with knowledge of the alleged
1266+18 pattern and practice violation; or
1267+19 (c) issue subpoenas or conduct hearings in aid of
1268+20 any investigation.
1269+21 (3) Service by the Attorney General of any notice
1270+22 requiring a person to file a statement or report, or of a
1271+23 subpoena upon any person, shall be made:
1272+24 (a) personally by delivery of a duly executed copy
1273+25 thereof to the person to be served or, if a person is
1274+26 not a natural person, in the manner provided in the
1275+
1276+
1277+
1278+
1279+
1280+ HB5371 Enrolled - 36 - LRB103 39459 JRC 69653 b
1281+
1282+
1283+HB5371 Enrolled- 37 -LRB103 39459 JRC 69653 b HB5371 Enrolled - 37 - LRB103 39459 JRC 69653 b
1284+ HB5371 Enrolled - 37 - LRB103 39459 JRC 69653 b
1285+1 Code of Civil Procedure when a complaint is filed; or
1286+2 (b) by mailing by certified mail a duly executed
1287+3 copy thereof to the person to be served at his or her
1288+4 last known abode or principal place of business within
1289+5 this State.
1290+6 (4) In lieu of a civil action, the individual or
1291+7 entity alleged to have engaged in a pattern or practice of
1292+8 discrimination deemed violative of this Act may enter into
1293+9 an Assurance of Voluntary Compliance with respect to the
1294+10 alleged pattern or practice violation.
1295+11 (5) The Illinois Attorney General may commence a civil
1296+12 action under this subsection (A) whether or not a charge
1297+13 has been filed under Sections 7A-102 or 7B-102 and without
1298+14 regard to the status of any charge, however, if the
1299+15 Department or local agency has obtained a conciliation or
1300+16 settlement agreement or if the parties have entered into
1301+17 an Assurance of Voluntary Compliance no action may be
1302+18 filed under this subsection (A) with respect to the
1303+19 alleged civil rights violation practice that forms the
1304+20 basis for the complaint except for the purpose of
1305+21 enforcing the terms of the conciliation or settlement
1306+22 agreement or the terms of the Assurance of Voluntary
1307+23 Compliance.
1308+24 (6) Subpoenas.
1309+25 (a) Petition for enforcement. Whenever any person
1310+26 fails to comply with any subpoena issued under
1311+
1312+
1313+
1314+
1315+
1316+ HB5371 Enrolled - 37 - LRB103 39459 JRC 69653 b
1317+
1318+
1319+HB5371 Enrolled- 38 -LRB103 39459 JRC 69653 b HB5371 Enrolled - 38 - LRB103 39459 JRC 69653 b
1320+ HB5371 Enrolled - 38 - LRB103 39459 JRC 69653 b
1321+1 paragraph (2) of this subsection (A), or whenever
1322+2 satisfactory copying or reproduction of any material
1323+3 requested in an investigation cannot be done and the
1324+4 person refuses to surrender the material, the Attorney
1325+5 General may file in any appropriate circuit court, and
1326+6 serve upon the person, a petition for a court order for
1327+7 the enforcement of the subpoena or other request.
1328+8 Venue for this enforcement action shall be determined
1329+9 under paragraph (E)(1) of Section 8-104.
1330+10 (b) Petition to modify or set aside a subpoena.
1331+11 (i) Any person who has received a subpoena
1332+12 issued under paragraph (2) of this subsection (A)
1333+13 may file in the appropriate circuit court, and
1334+14 serve upon the Attorney General, a petition for a
1335+15 court order to modify or set aside the subpoena or
1336+16 other request. The petition must be filed either
1337+17 (I) within 20 days after the date of service of the
1338+18 subpoena or at any time before the return date
1339+19 specified in the subpoena, whichever date is
1340+20 earlier, or (II) within such longer period as may
1341+21 be prescribed in writing by the Attorney General.
1342+22 (ii) The petition shall specify each ground
1343+23 upon which the petitioner relies in seeking relief
1344+24 under subdivision (i) and may be based upon any
1345+25 failure of the subpoena to comply with the
1346+26 provisions of this Section or upon any
1347+
1348+
1349+
1350+
1351+
1352+ HB5371 Enrolled - 38 - LRB103 39459 JRC 69653 b
1353+
1354+
1355+HB5371 Enrolled- 39 -LRB103 39459 JRC 69653 b HB5371 Enrolled - 39 - LRB103 39459 JRC 69653 b
1356+ HB5371 Enrolled - 39 - LRB103 39459 JRC 69653 b
1357+1 constitutional or other legal right or privilege
1358+2 of the petitioner. During the pendency of the
1359+3 petition in the court, the court may stay, as it
1360+4 deems proper, the running of the time allowed for
1361+5 compliance with the subpoena or other request, in
1362+6 whole or in part, except that the petitioner shall
1363+7 comply with any portion of the subpoena or other
1364+8 request not sought to be modified or set aside.
1365+9 (c) Jurisdiction. Whenever any petition is filed
1366+10 in any circuit court under this paragraph (6), the
1367+11 court shall have jurisdiction to hear and determine
1368+12 the matter so presented and to enter such orders as may
1369+13 be required to carry out the provisions of this
1370+14 Section. Any final order so entered shall be subject
1371+15 to appeal in the same manner as appeals of other final
1372+16 orders in civil matters. Any disobedience of any final
1373+17 order entered under this paragraph (6) by any court
1374+18 shall be punished as a contempt of the court.
1375+19 (B) Relief which may be granted.
1376+20 (1) In any civil action brought pursuant to subsection
1377+21 (A) of this Section, the Attorney General may obtain as a
1378+22 remedy, equitable relief (including any permanent or
1379+23 preliminary injunction, temporary restraining order, or
1380+24 other order, including an order enjoining the defendant
1381+25 from engaging in such civil rights violation or ordering
1382+26 any action as may be appropriate). In addition, the
1383+
1384+
1385+
1386+
1387+
1388+ HB5371 Enrolled - 39 - LRB103 39459 JRC 69653 b
1389+
1390+
1391+HB5371 Enrolled- 40 -LRB103 39459 JRC 69653 b HB5371 Enrolled - 40 - LRB103 39459 JRC 69653 b
1392+ HB5371 Enrolled - 40 - LRB103 39459 JRC 69653 b
1393+1 Attorney General may request and the Court may impose
1394+2 restitution to any aggrieved party injured by the pattern
1395+3 or practice of discrimination, to the extent not covered
1396+4 by other sources, and a civil penalty per civil rights
1397+5 violation to vindicate the public interest. In imposing a
1398+6 civil penalty to vindicate the public interest, each
1399+7 instance in which a provision of this Act is violated as
1400+8 part of a pattern or practice of discrimination may be
1401+9 considered to constitute a separate violation or
1402+10 violations, as may each aggrieved party harmed:
1403+11 (a) for violations of this Act Article 3 and
1404+12 Article 4 in an amount not exceeding $50,000 $25,000
1405+13 per violation, and in the case of violations of all
1406+14 other Articles in an amount not exceeding $10,000 if
1407+15 the defendant has not been adjudged to have committed
1408+16 any prior civil rights violations under any the
1409+17 provision of the Act that is the basis of the
1410+18 complaint;
1411+19 (b) for violations of this Act Article 3 and
1412+20 Article 4 in an amount not exceeding $75,000 $50,000
1413+21 per violation, and in the case of violations of all
1414+22 other Articles in an amount not exceeding $25,000 if
1415+23 the defendant has been adjudged to have committed one
1416+24 other civil rights violation under any the provision
1417+25 of the Act within 5 years of the occurrence of the
1418+26 civil rights violation that is the basis of the
1419+
1420+
1421+
1422+
1423+
1424+ HB5371 Enrolled - 40 - LRB103 39459 JRC 69653 b
1425+
1426+
1427+HB5371 Enrolled- 41 -LRB103 39459 JRC 69653 b HB5371 Enrolled - 41 - LRB103 39459 JRC 69653 b
1428+ HB5371 Enrolled - 41 - LRB103 39459 JRC 69653 b
1429+1 complaint; and
1430+2 (c) for violations of this Act Article 3 and
1431+3 Article 4 in an amount not exceeding $100,000 $75,000
1432+4 per violation, and in the case of violations of all
1433+5 other Articles in an amount not exceeding $50,000 if
1434+6 the defendant has been adjudged to have committed 2 or
1435+7 more civil rights violations under any the provision
1436+8 of the Act within 5 years of the occurrence of the
1437+9 civil rights violation that is the basis of the
1438+10 complaint.
1439+11 (2) A civil penalty imposed under subdivision (B)(1)
1440+12 of this Section shall be deposited into the Attorney
1441+13 General Court Ordered and Voluntary Compliance Payment
1442+14 Projects Fund, which is a special fund in the State
1443+15 Treasury. Moneys in the Fund shall be used, subject to
1444+16 appropriation, for the performance of any function
1445+17 pertaining to the exercise of the duties of the Attorney
1446+18 General including but not limited to enforcement of any
1447+19 law of this State and conducting public education
1448+20 programs; however, any moneys in the Fund that are
1449+21 required by the court or by an agreement to be used for a
1450+22 particular purpose shall be used for that purpose.
1451+23 (3) Aggrieved parties seeking actual damages must
1452+24 follow the procedure set out in Sections 7A-102 or 7B-102
1453+25 for filing a charge. An action brought by the Illinois
1454+26 Attorney General pursuant to this Section is independent
1455+
1456+
1457+
1458+
1459+
1460+ HB5371 Enrolled - 41 - LRB103 39459 JRC 69653 b
1461+
1462+
1463+HB5371 Enrolled- 42 -LRB103 39459 JRC 69653 b HB5371 Enrolled - 42 - LRB103 39459 JRC 69653 b
1464+ HB5371 Enrolled - 42 - LRB103 39459 JRC 69653 b
1465+1 of any other action, remedy, or procedure that may be
1466+2 available to an aggrieved party under any other provision
1467+3 of law, including, but not limited to, an action, remedy,
1468+4 or procedure brought pursuant to the procedures set out in
1469+5 Section 7A-102 or 7B-102.
1470+6 (Source: P.A. 101-661, eff. 4-2-21.)
1471+7 Section 6. The Illinois Human Rights Act is amended by
1472+8 changing Section 7-101 as follows:
1473+9 (775 ILCS 5/7-101) (from Ch. 68, par. 7-101)
1474+10 Sec. 7-101. Powers and duties. In addition to other powers
1475+11 and duties prescribed in this Act, the Department shall have
1476+12 the following powers:
1477+13 (A) Rules and Regulations. To adopt, promulgate, amend,
1478+14 and rescind rules and regulations not inconsistent with the
1479+15 provisions of this Act pursuant to the Illinois Administrative
1480+16 Procedure Act.
1481+17 (B) Charges. To issue, receive, investigate, conciliate,
1482+18 settle, and dismiss charges filed in conformity with this Act.
1483+19 (C) Compulsory Process. To request subpoenas as it deems
1484+20 necessary for its investigations.
1485+21 (D) Complaints. To file complaints with the Commission in
1486+22 conformity with this Act and to intervene in complaints
1487+23 pending before the Commission filed under Article 2, 4, 5, 5A,
1488+24 or 6.
1489+
1490+
1491+
1492+
1493+
1494+ HB5371 Enrolled - 42 - LRB103 39459 JRC 69653 b
1495+
1496+
1497+HB5371 Enrolled- 43 -LRB103 39459 JRC 69653 b HB5371 Enrolled - 43 - LRB103 39459 JRC 69653 b
1498+ HB5371 Enrolled - 43 - LRB103 39459 JRC 69653 b
1499+1 (E) Judicial Enforcement. To seek temporary relief and to
1500+2 enforce orders of the Commission in conformity with this Act.
1501+3 (F) Equal Employment Opportunities. To take such action as
1502+4 may be authorized to provide for equal employment
1503+5 opportunities and affirmative action.
1504+6 (G) Recruitment; Research; Public Communication; Advisory
1505+7 Councils. To engage in such recruitment, research and public
1506+8 communication and create such advisory councils as may be
1507+9 authorized to effectuate the purposes of this Act.
1508+10 (H) Coordination with other Agencies. To coordinate its
1509+11 activities with federal, state, and local agencies in
1510+12 conformity with this Act.
1511+13 (I) Grants; Private Gifts.
1512+14 (1) To accept public grants and private gifts as may
1513+15 be authorized.
1514+16 (2) To design grant programs and award grants to
1515+17 eligible recipients.
1516+18 (J) Education and Training. To implement a formal and
1517+19 unbiased program of education and training for all employees
1518+20 assigned to investigate and conciliate charges under Articles
1519+21 7A and 7B. The training program shall include the following:
1520+22 (1) substantive and procedural aspects of the
1521+23 investigation and conciliation positions;
1522+24 (2) current issues in human rights law and practice;
1523+25 (3) lectures by specialists in substantive areas
1524+26 related to human rights matters;
1525+
1526+
1527+
1528+
1529+
1530+ HB5371 Enrolled - 43 - LRB103 39459 JRC 69653 b
1531+
1532+
1533+HB5371 Enrolled- 44 -LRB103 39459 JRC 69653 b HB5371 Enrolled - 44 - LRB103 39459 JRC 69653 b
1534+ HB5371 Enrolled - 44 - LRB103 39459 JRC 69653 b
1535+1 (4) orientation to each operational unit of the
1536+2 Department and Commission;
1537+3 (5) observation of experienced Department
1538+4 investigators and attorneys conducting conciliation
1539+5 conferences, combined with the opportunity to discuss
1540+6 evidence presented and rulings made;
1541+7 (6) the use of hypothetical cases requiring the
1542+8 Department investigator and conciliation conference
1543+9 attorney to issue judgments as a means to evaluating
1544+10 knowledge and writing ability;
1545+11 (7) writing skills;
1546+12 (8) computer skills, including but not limited to word
1547+13 processing and document management.
1548+14 A formal, unbiased and ongoing professional development
1549+15 program including, but not limited to, the above-noted areas
1550+16 shall be implemented to keep Department investigators and
1551+17 attorneys informed of recent developments and issues and to
1552+18 assist them in maintaining and enhancing their professional
1553+19 competence.
1554+20 (K) Hotlines. To establish and maintain hotlines and
1555+21 helplines to aid in effectuating the purposes of this Act
1556+22 including the confidential reporting of discrimination,
1557+23 harassment, and bias incidents. All communications received or
1558+24 sent via the hotlines and helplines are exempt from disclosure
1559+25 under the Freedom of Information Act.
1560+26 (Source: P.A. 102-1115, eff. 1-9-23; 103-335, eff. 1-1-24.)
1561+
1562+
1563+
1564+
1565+
1566+ HB5371 Enrolled - 44 - LRB103 39459 JRC 69653 b
1567+
1568+
1569+HB5371 Enrolled- 45 -LRB103 39459 JRC 69653 b HB5371 Enrolled - 45 - LRB103 39459 JRC 69653 b
1570+ HB5371 Enrolled - 45 - LRB103 39459 JRC 69653 b
1571+1 (775 ILCS 5/8-113 rep.)
1572+2 Section 10. The Illinois Human Rights Act is amended by
1573+3 repealing Section 8-113.
1574+4 Section 95. No acceleration or delay. Where this Act makes
1575+5 changes in a statute that is represented in this Act by text
1576+6 that is not yet or no longer in effect (for example, a Section
1577+7 represented by multiple versions), the use of that text does
1578+8 not accelerate or delay the taking effect of (i) the changes
1579+9 made by this Act or (ii) provisions derived from any other
1580+10 Public Act.
1581+11 Section 99. Effective date. This Act takes effect upon
1582+12 becoming law except that Sections 5 and 10 take effect January
1583+13 1, 2025.
1584+HB5371 Enrolled- 46 -LRB103 39459 JRC 69653 b 1 INDEX 2 Statutes amended in order of appearance HB5371 Enrolled- 46 -LRB103 39459 JRC 69653 b HB5371 Enrolled - 46 - LRB103 39459 JRC 69653 b 1 INDEX 2 Statutes amended in order of appearance
1585+HB5371 Enrolled- 46 -LRB103 39459 JRC 69653 b HB5371 Enrolled - 46 - LRB103 39459 JRC 69653 b
1586+ HB5371 Enrolled - 46 - LRB103 39459 JRC 69653 b
1587+1 INDEX
1588+2 Statutes amended in order of appearance
1589+
1590+
1591+
1592+
1593+
1594+ HB5371 Enrolled - 45 - LRB103 39459 JRC 69653 b
1595+
1596+
1597+
1598+HB5371 Enrolled- 46 -LRB103 39459 JRC 69653 b HB5371 Enrolled - 46 - LRB103 39459 JRC 69653 b
1599+ HB5371 Enrolled - 46 - LRB103 39459 JRC 69653 b
1600+1 INDEX
1601+2 Statutes amended in order of appearance
1602+
1603+
1604+
1605+
1606+
1607+ HB5371 Enrolled - 46 - LRB103 39459 JRC 69653 b