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| 407 | + | 15 Capital Crimes Litigation Act (repealed).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