Public Act 103-0859
HB5371 EnrolledLRB103 39459 JRC 69653 b HB5371 Enrolled LRB103 39459 JRC 69653 b
HB5371 Enrolled LRB103 39459 JRC 69653 b
AN ACT concerning civil law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 3. The Freedom of Information Act is amended by
changing Section 7.5 as follows:
(5 ILCS 140/7.5)
(Text of Section before amendment by P.A. 103-472)
Sec. 7.5. Statutory exemptions. To the extent provided for
by the statutes referenced below, the following shall be
exempt from inspection and copying:
(a) All information determined to be confidential
under Section 4002 of the Technology Advancement and
Development Act.
(b) Library circulation and order records identifying
library users with specific materials under the Library
Records Confidentiality Act.
(c) Applications, related documents, and medical
records received by the Experimental Organ Transplantation
Procedures Board and any and all documents or other
records prepared by the Experimental Organ Transplantation
Procedures Board or its staff relating to applications it
has received.
(d) Information and records held by the Department of
HB5371 Enrolled LRB103 39459 JRC 69653 b
Public Health and its authorized representatives relating
to known or suspected cases of sexually transmissible
disease or any information the disclosure of which is
restricted under the Illinois Sexually Transmissible
Disease Control Act.
(e) Information the disclosure of which is exempted
under Section 30 of the Radon Industry Licensing Act.
(f) Firm performance evaluations under Section 55 of
the Architectural, Engineering, and Land Surveying
Qualifications Based Selection Act.
(g) Information the disclosure of which is restricted
and exempted under Section 50 of the Illinois Prepaid
Tuition Act.
(h) Information the disclosure of which is exempted
under the State Officials and Employees Ethics Act, and
records of any lawfully created State or local inspector
general's office that would be exempt if created or
obtained by an Executive Inspector General's office under
that Act.
(i) Information contained in a local emergency energy
plan submitted to a municipality in accordance with a
local emergency energy plan ordinance that is adopted
under Section 11-21.5-5 of the Illinois Municipal Code.
(j) Information and data concerning the distribution
of surcharge moneys collected and remitted by carriers
under the Emergency Telephone System Act.
(k) Law enforcement officer identification information
or driver identification information compiled by a law
enforcement agency or the Department of Transportation
under Section 11-212 of the Illinois Vehicle Code.
(l) Records and information provided to a residential
health care facility resident sexual assault and death
review team or the Executive Council under the Abuse
Prevention Review Team Act.
(m) Information provided to the predatory lending
database created pursuant to Article 3 of the Residential
Real Property Disclosure Act, except to the extent
authorized under that Article.
(n) Defense budgets and petitions for certification of
compensation and expenses for court appointed trial
counsel as provided under Sections 10 and 15 of the
Capital Crimes Litigation Act (repealed). This subsection
(n) shall apply until the conclusion of the trial of the
case, even if the prosecution chooses not to pursue the
death penalty prior to trial or sentencing.
(o) Information that is prohibited from being
disclosed under Section 4 of the Illinois Health and
Hazardous Substances Registry Act.
(p) Security portions of system safety program plans,
investigation reports, surveys, schedules, lists, data, or
information compiled, collected, or prepared by or for the
Department of Transportation under Sections 2705-300 and
2705-616 of the Department of Transportation Law of the
Civil Administrative Code of Illinois, the Regional
Transportation Authority under Section 2.11 of the
Regional Transportation Authority Act, or the St. Clair
County Transit District under the Bi-State Transit Safety
Act (repealed).
(q) Information prohibited from being disclosed by the
Personnel Record Review Act.
(r) Information prohibited from being disclosed by the
Illinois School Student Records Act.
(s) Information the disclosure of which is restricted
under Section 5-108 of the Public Utilities Act.
(t) (Blank).
(u) Records and information provided to an independent
team of experts under the Developmental Disability and
Mental Health Safety Act (also known as Brian's Law).
(v) Names and information of people who have applied
for or received Firearm Owner's Identification Cards under
the Firearm Owners Identification Card Act or applied for
or received a concealed carry license under the Firearm
Concealed Carry Act, unless otherwise authorized by the
Firearm Concealed Carry Act; and databases under the
Firearm Concealed Carry Act, records of the Concealed
Carry Licensing Review Board under the Firearm Concealed
Carry Act, and law enforcement agency objections under the
Firearm Concealed Carry Act.
(v-5) Records of the Firearm Owner's Identification
Card Review Board that are exempted from disclosure under
Section 10 of the Firearm Owners Identification Card Act.
(w) Personally identifiable information which is
exempted from disclosure under subsection (g) of Section
19.1 of the Toll Highway Act.
(x) Information which is exempted from disclosure
under Section 5-1014.3 of the Counties Code or Section
8-11-21 of the Illinois Municipal Code.
(y) Confidential information under the Adult
Protective Services Act and its predecessor enabling
statute, the Elder Abuse and Neglect Act, including
information about the identity and administrative finding
against any caregiver of a verified and substantiated
decision of abuse, neglect, or financial exploitation of
an eligible adult maintained in the Registry established
under Section 7.5 of the Adult Protective Services Act.
(z) Records and information provided to a fatality
review team or the Illinois Fatality Review Team Advisory
Council under Section 15 of the Adult Protective Services
Act.
(aa) Information which is exempted from disclosure
under Section 2.37 of the Wildlife Code.
(bb) Information which is or was prohibited from
disclosure by the Juvenile Court Act of 1987.
(cc) Recordings made under the Law Enforcement
Officer-Worn Body Camera Act, except to the extent
authorized under that Act.
(dd) Information that is prohibited from being
disclosed under Section 45 of the Condominium and Common
Interest Community Ombudsperson Act.
(ee) Information that is exempted from disclosure
under Section 30.1 of the Pharmacy Practice Act.
(ff) Information that is exempted from disclosure
under the Revised Uniform Unclaimed Property Act.
(gg) Information that is prohibited from being
disclosed under Section 7-603.5 of the Illinois Vehicle
Code.
(hh) Records that are exempt from disclosure under
Section 1A-16.7 of the Election Code.
(ii) Information which is exempted from disclosure
under Section 2505-800 of the Department of Revenue Law of
the Civil Administrative Code of Illinois.
(jj) Information and reports that are required to be
submitted to the Department of Labor by registering day
and temporary labor service agencies but are exempt from
disclosure under subsection (a-1) of Section 45 of the Day
and Temporary Labor Services Act.
(kk) Information prohibited from disclosure under the
Seizure and Forfeiture Reporting Act.
(ll) Information the disclosure of which is restricted
and exempted under Section 5-30.8 of the Illinois Public
Aid Code.
(mm) Records that are exempt from disclosure under
Section 4.2 of the Crime Victims Compensation Act.
(nn) Information that is exempt from disclosure under
Section 70 of the Higher Education Student Assistance Act.
(oo) Communications, notes, records, and reports
arising out of a peer support counseling session
prohibited from disclosure under the First Responders
Suicide Prevention Act.
(pp) Names and all identifying information relating to
an employee of an emergency services provider or law
enforcement agency under the First Responders Suicide
Prevention Act.
(qq) Information and records held by the Department of
Public Health and its authorized representatives collected
under the Reproductive Health Act.
(rr) Information that is exempt from disclosure under
the Cannabis Regulation and Tax Act.
(ss) Data reported by an employer to the Department of
Human Rights pursuant to Section 2-108 of the Illinois
Human Rights Act.
(tt) Recordings made under the Children's Advocacy
Center Act, except to the extent authorized under that
Act.
(uu) Information that is exempt from disclosure under
Section 50 of the Sexual Assault Evidence Submission Act.
(vv) Information that is exempt from disclosure under
subsections (f) and (j) of Section 5-36 of the Illinois
Public Aid Code.
(ww) Information that is exempt from disclosure under
Section 16.8 of the State Treasurer Act.
(xx) Information that is exempt from disclosure or
information that shall not be made public under the
Illinois Insurance Code.
(yy) Information prohibited from being disclosed under
the Illinois Educational Labor Relations Act.
(zz) Information prohibited from being disclosed under
the Illinois Public Labor Relations Act.
(aaa) Information prohibited from being disclosed
under Section 1-167 of the Illinois Pension Code.
(bbb) Information that is prohibited from disclosure
by the Illinois Police Training Act and the Illinois State
Police Act.
(ccc) Records exempt from disclosure under Section
2605-304 of the Illinois State Police Law of the Civil
Administrative Code of Illinois.
(ddd) Information prohibited from being disclosed
under Section 35 of the Address Confidentiality for
Victims of Domestic Violence, Sexual Assault, Human
Trafficking, or Stalking Act.
(eee) Information prohibited from being disclosed
under subsection (b) of Section 75 of the Domestic
Violence Fatality Review Act.
(fff) Images from cameras under the Expressway Camera
Act. This subsection (fff) is inoperative on and after
July 1, 2025.
(ggg) Information prohibited from disclosure under
paragraph (3) of subsection (a) of Section 14 of the Nurse
Agency Licensing Act.
(hhh) Information submitted to the Illinois State
Police in an affidavit or application for an assault
weapon endorsement, assault weapon attachment endorsement,
.50 caliber rifle endorsement, or .50 caliber cartridge
endorsement under the Firearm Owners Identification Card
Act.
(iii) Data exempt from disclosure under Section 50 of
the School Safety Drill Act.
(jjj) (hhh) Information exempt from disclosure under
Section 30 of the Insurance Data Security Law.
(kkk) (iii) Confidential business information
prohibited from disclosure under Section 45 of the Paint
Stewardship Act.
(lll) (Reserved).
(mmm) (iii) Information prohibited from being
disclosed under subsection (e) of Section 1-129 of the
Illinois Power Agency Act.
(nnn) Information that is exempt from disclosure under
Section 7-101 of the Illinois Human Rights Act.
(Source: P.A. 102-36, eff. 6-25-21; 102-237, eff. 1-1-22;
102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff.
8-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22;
102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff.
6-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372,
eff. 1-1-24; 103-508, eff. 8-4-23; 103-580, eff. 12-8-23;
revised 1-2-24.)
(Text of Section after amendment by P.A. 103-472)
Sec. 7.5. Statutory exemptions. To the extent provided for
by the statutes referenced below, the following shall be
exempt from inspection and copying:
(a) All information determined to be confidential
under Section 4002 of the Technology Advancement and
Development Act.
(b) Library circulation and order records identifying
library users with specific materials under the Library
Records Confidentiality Act.
(c) Applications, related documents, and medical
records received by the Experimental Organ Transplantation
Procedures Board and any and all documents or other
records prepared by the Experimental Organ Transplantation
Procedures Board or its staff relating to applications it
has received.
(d) Information and records held by the Department of
Public Health and its authorized representatives relating
to known or suspected cases of sexually transmissible
disease or any information the disclosure of which is
restricted under the Illinois Sexually Transmissible
Disease Control Act.
(e) Information the disclosure of which is exempted
under Section 30 of the Radon Industry Licensing Act.
(f) Firm performance evaluations under Section 55 of
the Architectural, Engineering, and Land Surveying
Qualifications Based Selection Act.
(g) Information the disclosure of which is restricted
and exempted under Section 50 of the Illinois Prepaid
Tuition Act.
(h) Information the disclosure of which is exempted
under the State Officials and Employees Ethics Act, and
records of any lawfully created State or local inspector
general's office that would be exempt if created or
obtained by an Executive Inspector General's office under
that Act.
(i) Information contained in a local emergency energy
plan submitted to a municipality in accordance with a
local emergency energy plan ordinance that is adopted
under Section 11-21.5-5 of the Illinois Municipal Code.
(j) Information and data concerning the distribution
of surcharge moneys collected and remitted by carriers
under the Emergency Telephone System Act.
(k) Law enforcement officer identification information
or driver identification information compiled by a law
enforcement agency or the Department of Transportation
under Section 11-212 of the Illinois Vehicle Code.
(l) Records and information provided to a residential
health care facility resident sexual assault and death
review team or the Executive Council under the Abuse
Prevention Review Team Act.
(m) Information provided to the predatory lending
database created pursuant to Article 3 of the Residential
Real Property Disclosure Act, except to the extent
authorized under that Article.
(n) Defense budgets and petitions for certification of
compensation and expenses for court appointed trial
counsel as provided under Sections 10 and 15 of the
Capital Crimes Litigation Act (repealed). This subsection
(n) shall apply until the conclusion of the trial of the
case, even if the prosecution chooses not to pursue the
death penalty prior to trial or sentencing.
(o) Information that is prohibited from being
disclosed under Section 4 of the Illinois Health and
Hazardous Substances Registry Act.
(p) Security portions of system safety program plans,
investigation reports, surveys, schedules, lists, data, or
information compiled, collected, or prepared by or for the
Department of Transportation under Sections 2705-300 and
2705-616 of the Department of Transportation Law of the
Civil Administrative Code of Illinois, the Regional
Transportation Authority under Section 2.11 of the
Regional Transportation Authority Act, or the St. Clair
County Transit District under the Bi-State Transit Safety
Act (repealed).
(q) Information prohibited from being disclosed by the
Personnel Record Review Act.
(r) Information prohibited from being disclosed by the
Illinois School Student Records Act.
(s) Information the disclosure of which is restricted
under Section 5-108 of the Public Utilities Act.
(t) (Blank).
(u) Records and information provided to an independent
team of experts under the Developmental Disability and
Mental Health Safety Act (also known as Brian's Law).
(v) Names and information of people who have applied
for or received Firearm Owner's Identification Cards under
the Firearm Owners Identification Card Act or applied for
or received a concealed carry license under the Firearm
Concealed Carry Act, unless otherwise authorized by the
Firearm Concealed Carry Act; and databases under the
Firearm Concealed Carry Act, records of the Concealed
Carry Licensing Review Board under the Firearm Concealed
Carry Act, and law enforcement agency objections under the
Firearm Concealed Carry Act.
(v-5) Records of the Firearm Owner's Identification
Card Review Board that are exempted from disclosure under
Section 10 of the Firearm Owners Identification Card Act.
(w) Personally identifiable information which is
exempted from disclosure under subsection (g) of Section
19.1 of the Toll Highway Act.
(x) Information which is exempted from disclosure
under Section 5-1014.3 of the Counties Code or Section
8-11-21 of the Illinois Municipal Code.
(y) Confidential information under the Adult
Protective Services Act and its predecessor enabling
statute, the Elder Abuse and Neglect Act, including
information about the identity and administrative finding
against any caregiver of a verified and substantiated
decision of abuse, neglect, or financial exploitation of
an eligible adult maintained in the Registry established
under Section 7.5 of the Adult Protective Services Act.
(z) Records and information provided to a fatality
review team or the Illinois Fatality Review Team Advisory
Council under Section 15 of the Adult Protective Services
Act.
(aa) Information which is exempted from disclosure
under Section 2.37 of the Wildlife Code.
(bb) Information which is or was prohibited from
disclosure by the Juvenile Court Act of 1987.
(cc) Recordings made under the Law Enforcement
Officer-Worn Body Camera Act, except to the extent
authorized under that Act.
(dd) Information that is prohibited from being
disclosed under Section 45 of the Condominium and Common
Interest Community Ombudsperson Act.
(ee) Information that is exempted from disclosure
under Section 30.1 of the Pharmacy Practice Act.
(ff) Information that is exempted from disclosure
under the Revised Uniform Unclaimed Property Act.
(gg) Information that is prohibited from being
disclosed under Section 7-603.5 of the Illinois Vehicle
Code.
(hh) Records that are exempt from disclosure under
Section 1A-16.7 of the Election Code.
(ii) Information which is exempted from disclosure
under Section 2505-800 of the Department of Revenue Law of
the Civil Administrative Code of Illinois.
(jj) Information and reports that are required to be
submitted to the Department of Labor by registering day
and temporary labor service agencies but are exempt from
disclosure under subsection (a-1) of Section 45 of the Day
and Temporary Labor Services Act.
(kk) Information prohibited from disclosure under the
Seizure and Forfeiture Reporting Act.
(ll) Information the disclosure of which is restricted
and exempted under Section 5-30.8 of the Illinois Public
Aid Code.
(mm) Records that are exempt from disclosure under
Section 4.2 of the Crime Victims Compensation Act.
(nn) Information that is exempt from disclosure under
Section 70 of the Higher Education Student Assistance Act.
(oo) Communications, notes, records, and reports
arising out of a peer support counseling session
prohibited from disclosure under the First Responders
Suicide Prevention Act.
(pp) Names and all identifying information relating to
an employee of an emergency services provider or law
enforcement agency under the First Responders Suicide
Prevention Act.
(qq) Information and records held by the Department of
Public Health and its authorized representatives collected
under the Reproductive Health Act.
(rr) Information that is exempt from disclosure under
the Cannabis Regulation and Tax Act.
(ss) Data reported by an employer to the Department of
Human Rights pursuant to Section 2-108 of the Illinois
Human Rights Act.
(tt) Recordings made under the Children's Advocacy
Center Act, except to the extent authorized under that
Act.
(uu) Information that is exempt from disclosure under
Section 50 of the Sexual Assault Evidence Submission Act.
(vv) Information that is exempt from disclosure under
subsections (f) and (j) of Section 5-36 of the Illinois
Public Aid Code.
(ww) Information that is exempt from disclosure under
Section 16.8 of the State Treasurer Act.
(xx) Information that is exempt from disclosure or
information that shall not be made public under the
Illinois Insurance Code.
(yy) Information prohibited from being disclosed under
the Illinois Educational Labor Relations Act.
(zz) Information prohibited from being disclosed under
the Illinois Public Labor Relations Act.
(aaa) Information prohibited from being disclosed
under Section 1-167 of the Illinois Pension Code.
(bbb) Information that is prohibited from disclosure
by the Illinois Police Training Act and the Illinois State
Police Act.
(ccc) Records exempt from disclosure under Section
2605-304 of the Illinois State Police Law of the Civil
Administrative Code of Illinois.
(ddd) Information prohibited from being disclosed
under Section 35 of the Address Confidentiality for
Victims of Domestic Violence, Sexual Assault, Human
Trafficking, or Stalking Act.
(eee) Information prohibited from being disclosed
under subsection (b) of Section 75 of the Domestic
Violence Fatality Review Act.
(fff) Images from cameras under the Expressway Camera
Act. This subsection (fff) is inoperative on and after
July 1, 2025.
(ggg) Information prohibited from disclosure under
paragraph (3) of subsection (a) of Section 14 of the Nurse
Agency Licensing Act.
(hhh) Information submitted to the Illinois State
Police in an affidavit or application for an assault
weapon endorsement, assault weapon attachment endorsement,
.50 caliber rifle endorsement, or .50 caliber cartridge
endorsement under the Firearm Owners Identification Card
Act.
(iii) Data exempt from disclosure under Section 50 of
the School Safety Drill Act.
(jjj) (hhh) Information exempt from disclosure under
Section 30 of the Insurance Data Security Law.
(kkk) (iii) Confidential business information
prohibited from disclosure under Section 45 of the Paint
Stewardship Act.
(lll) (iii) Data exempt from disclosure under Section
2-3.196 of the School Code.
(mmm) (iii) Information prohibited from being
disclosed under subsection (e) of Section 1-129 of the
Illinois Power Agency Act.
(nnn) Information that is exempt from disclosure under
Section 7-101 of the Illinois Human Rights Act.
(Source: P.A. 102-36, eff. 6-25-21; 102-237, eff. 1-1-22;
102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff.
8-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22;
102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff.
6-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372,
eff. 1-1-24; 103-472, eff. 8-1-24; 103-508, eff. 8-4-23;
103-580, eff. 12-8-23; revised 1-2-24.)
Section 5. The Illinois Human Rights Act is amended by
changing Sections 3-101, 3-102, 8-101, 8-111, 8B-104, 10-103,
and 10-104 as follows:
(775 ILCS 5/3-101) (from Ch. 68, par. 3-101)
Sec. 3-101. Definitions. The following definitions are
applicable strictly in the context of this Article:
(A) Real Property. "Real property" includes buildings,
structures, real estate, lands, tenements, leaseholds,
interests in real estate cooperatives, condominiums, and
hereditaments, corporeal and incorporeal, or any interest
therein.
(B) Real Estate Transaction. "Real estate transaction"
includes the sale, exchange, rental or lease of real property,
or any act that otherwise makes available such a transaction
or alters a person's rights to real property. "Real estate
transaction" also includes the brokering or appraising of
residential real property and the making or purchasing of
loans or providing other financial assistance:
(1) for purchasing, constructing, improving, repairing
or maintaining a dwelling; or
(2) secured by residential real estate.
(C) Housing Accommodations. "Housing accommodation"
includes any improved or unimproved real property, or part
thereof, which is used or occupied, or is intended, arranged
or designed to be used or occupied, as the home or residence of
one or more individuals.
(D) Real Estate Broker or Salesman. "Real estate broker or
salesman" means a person, whether licensed or not, who, for or
with the expectation of receiving a consideration, lists,
sells, purchases, exchanges, rents, or leases real property,
or who negotiates or attempts to negotiate any of these
activities, or who holds oneself out as engaged in these.
(E) Familial Status. "Familial status" means one or more
individuals (who have not attained the age of 18 years) being
domiciled with:
(1) a parent or person having legal custody of such
individual or individuals; or
(2) the designee of such parent or other person having
such custody, with the written permission of such parent
or other person.
The protections afforded by this Article against
discrimination on the basis of familial status apply to any
person who is pregnant or is in the process of securing legal
custody of any individual who has not attained the age of 18
years.
(F) Conciliation. "Conciliation" means the attempted
resolution of issues raised by a charge, or by the
investigation of such charge, through informal negotiations
involving the aggrieved party, the respondent and the
Department.
(G) Conciliation Agreement. "Conciliation agreement" means
a written agreement setting forth the resolution of the issues
in conciliation.
(H) Covered Multifamily Dwellings. As used in Section
3-102.1, "covered multifamily dwellings" means:
(1) buildings consisting of 4 or more units if such
buildings have one or more elevators; and
(2) ground floor units in other buildings consisting
of 4 or more units.
(I) Immigration Status. "Immigration status" means a
person's actual or perceived citizenship or immigration
status.
(Source: P.A. 103-232, eff. 1-1-24.)
(775 ILCS 5/3-102) (from Ch. 68, par. 3-102)
Sec. 3-102. Civil rights violations; real estate
transactions and other prohibited acts. It is a civil rights
violation for an owner or any other person, or for a real
estate broker or salesman, because of unlawful discrimination,
familial status, immigration status, source of income, or an
arrest record, as defined under subsection (B-5) of Section
1-103, to:
(A) Transactions. Refuse to engage in a real estate
transaction with a person or deny real property, or to
discriminate in making available such a transaction;
(B) Terms. Alter the terms, conditions or privileges
of a real estate transaction or in the furnishing of
facilities or services in connection therewith;
(C) Offers. Refuse to receive or to fail to transmit a
bona fide offer in a real estate transaction from a
person;
(D) Negotiation. Refuse to negotiate a real estate
transaction with a person;
(E) Representations. Represent to a person that real
property is not available for inspection, sale, rental, or
lease when in fact it is so available, or to fail to bring
a property listing to the person's attention, or to refuse
to permit the person to inspect real property;
(F) Publication of Intent. Make, print, circulate,
post, mail, publish or cause to be made, printed,
circulated, posted, mailed, or published any notice,
statement, advertisement or sign, or use a form of
application for a real estate transaction, or make a
record or inquiry in connection with a prospective real
estate transaction, that indicates any preference,
limitation, or discrimination based on unlawful
discrimination or unlawful discrimination based on
familial status, immigration status, source of income, or
an arrest record, or an intention to make any such
preference, limitation, or discrimination;
(G) Listings. Offer, solicit, accept, use or retain a
listing of real property with knowledge that unlawful
discrimination or discrimination on the basis of familial
status, immigration status, source of income, or an arrest
record in a real estate transaction is intended.
(H) Criteria. Use criteria or methods that have the
effect of subjecting individuals to unlawful
discrimination or discrimination based on familial status,
immigration status, source of income, or an arrest record
in a real estate transaction. Such criteria or methods are
unlawful under this subsection if they are not necessary
to achieve a substantial, legitimate, non-discriminatory
interest; or if the substantial, legitimate,
non-discriminatory interest could be served by another
practice that has a less discriminatory effect.
(Source: P.A. 102-896, eff. 1-1-23; 103-232, eff. 1-1-24.)
(775 ILCS 5/8-101)
Sec. 8-101. Illinois Human Rights Commission.
(A) Creation; appointments. The Human Rights Commission is
created to consist of 7 members appointed by the Governor with
the advice and consent of the Senate. No more than 4 members
shall be of the same political party. The Governor shall
designate one member as chairperson. All appointments shall be
in writing and filed with the Secretary of State as a public
record.
(B) Terms. Of the members first appointed, 4 shall be
appointed for a term to expire on the third Monday of January,
2021, and 3 (including the Chairperson) shall be appointed for
a term to expire on the third Monday of January, 2023.
Notwithstanding any provision of this Section to the
contrary, the term of office of each member of the Illinois
Human Rights Commission is abolished on January 19, 2019.
Incumbent members holding a position on the Commission that
was created by Public Act 84-115 and whose terms, if not for
Public Act 100-1066 this amendatory Act of the 100th General
Assembly, would have expired January 18, 2021 shall continue
to exercise all of the powers and be subject to all of the
duties of members of the Commission until June 30, 2019 or
until their respective successors are appointed and qualified,
whichever is earlier.
Thereafter, each member shall serve for a term of 4 years
and until the member's successor is appointed and qualified;
except that any member chosen to fill a vacancy occurring
otherwise than by expiration of a term shall be appointed only
for the unexpired term of the member whom the member shall
succeed and until the member's successor is appointed and
qualified.
(C) Vacancies.
(1) In the case of vacancies on the Commission during
a recess of the Senate, the Governor shall make a
temporary appointment until the next meeting of the Senate
when the Governor shall appoint a person to fill the
vacancy. Any person so nominated and confirmed by the
Senate shall hold office for the remainder of the term and
until the person's successor is appointed and qualified.
(2) If the Senate is not in session at the time this
Act takes effect, the Governor shall make temporary
appointments to the Commission as in the case of
vacancies.
(3) Vacancies in the Commission shall not impair the
right of the remaining members to exercise all the powers
of the Commission. Except when authorized by this Act to
proceed through a 3 member panel, a majority of the
members of the Commission then in office shall constitute
a quorum.
(D) Compensation. On and after January 19, 2019, the
Chairperson of the Commission shall be compensated at the rate
of $125,000 per year, or as set by the Compensation Review
Board, whichever is greater, during the Chairperson's service
as Chairperson, and each other member shall be compensated at
the rate of $119,000 per year, or as set by the Compensation
Review Board, whichever is greater. In addition, all members
of the Commission shall be reimbursed for expenses actually
and necessarily incurred by them in the performance of their
duties.
(E) (Blank). Notwithstanding the general supervisory
authority of the Chairperson, each commissioner, unless
appointed to the special temporary panel created under
subsection (H), has the authority to hire and supervise a
staff attorney. The staff attorney shall report directly to
the individual commissioner.
(F) A formal training program for newly appointed
commissioners shall be implemented. The training program shall
include the following:
(1) substantive and procedural aspects of the office
of commissioner;
(2) current issues in employment and housing
discrimination and public accommodation law and practice;
(3) orientation to each operational unit of the Human
Rights Commission;
(4) observation of experienced hearing officers and
commissioners conducting hearings of cases, combined with
the opportunity to discuss evidence presented and rulings
made;
(5) the use of hypothetical cases requiring the newly
appointed commissioner to issue judgments as a means of
evaluating knowledge and writing ability;
(6) writing skills; and
(7) professional and ethical standards.
A formal and ongoing professional development program
including, but not limited to, the above-noted areas shall be
implemented to keep commissioners informed of recent
developments and issues and to assist them in maintaining and
enhancing their professional competence. Each commissioner
shall complete 20 hours of training in the above-noted areas
during every 2 years the commissioner remains in office.
(G) Commissioners must meet one of the following
qualifications:
(1) licensed to practice law in the State of Illinois;
(2) at least 3 years of experience as a hearing
officer at the Human Rights Commission; or
(3) at least 4 years of professional experience
working for or dealing with individuals or corporations
affected by this Act or similar laws in other
jurisdictions, including, but not limited to, experience
with a civil rights advocacy group, a fair housing group,
a community organization, a trade association, a union, a
law firm, a legal aid organization, an employer's human
resources department, an employment discrimination
consulting firm, a community affairs organization, or a
municipal human relations agency.
The Governor's appointment message, filed with the
Secretary of State and transmitted to the Senate, shall state
specifically how the experience of a nominee for commissioner
meets the requirement set forth in this subsection. The
Chairperson must have public or private sector management and
budget experience, as determined by the Governor.
Each commissioner shall devote full time to the
commissioner's duties and any commissioner who is an attorney
shall not engage in the practice of law, nor shall any
commissioner hold any other office or position of profit under
the United States or this State or any municipal corporation
or political subdivision of this State, nor engage in any
other business, employment, or vocation.
(H) (Blank).
(Source: P.A. 102-1129, eff. 2-10-23; 103-326, eff. 1-1-24;
revised 12-15-23.)
(775 ILCS 5/8-111) (from Ch. 68, par. 8-111)
Sec. 8-111. Court Proceedings.
(A) Civil Actions Commenced in Circuit Court.
(1) Venue. Civil actions commenced in a circuit court
pursuant to Section 7A-102 or 8B-102 shall be commenced in
the circuit court in the county in which the civil rights
violation was allegedly committed.
(2) If a civil action is commenced in a circuit court,
the form of the complaint shall be in accordance with the
Code of Civil Procedure.
(3) Jury Trial. If a civil action is commenced in a
circuit court under Section 7A-102 or 8B-102, the
plaintiff or defendant may demand trial by jury.
(4) Remedies. Upon the finding of a civil rights
violation, the circuit court or jury may award any of the
remedies set forth in Section 8A-104 or 8B-104.
(B) Judicial Review.
(1) Any complainant or respondent may apply for and
obtain judicial review of a final order of the Commission
entered under this Act by filing a petition for review in
the Appellate Court within 35 days from the date that a
copy of the decision sought to be reviewed was served upon
the party affected by the decision. If a 3-member panel or
the full Commission finds that an interlocutory order
involves a question of law as to which there is
substantial ground for difference of opinion and that an
immediate appeal from the order may materially advance the
ultimate termination of the litigation, any party may
petition the Appellate Court for permission to appeal the
order. The procedure for obtaining the required Commission
findings and the permission of the Appellate Court shall
be governed by Supreme Court Rule 308, except the
references to the "trial court" shall be understood as
referring to the Commission.
(2) In any proceeding brought for judicial review, the
Commission's findings of fact shall be sustained unless
the court determines that such findings are contrary to
the manifest weight of the evidence.
(3) Venue. Proceedings for judicial review shall be
commenced in the appellate court for the district wherein
the civil rights violation which is the subject of the
Commission's order was allegedly committed.
(C) Judicial Enforcement.
(1) When the Commission, at the instance of the
Department or an aggrieved party, concludes that any
person has violated a valid order of the Commission issued
pursuant to this Act, and the violation and its effects
are not promptly corrected, the Commission, through a
panel of 3 members, shall order the Department to commence
an action in the name of the People of the State of
Illinois by complaint, alleging the violation, attaching a
copy of the order of the Commission and praying for the
issuance of an order directing such person, his or her or
its officers, agents, servants, successors and assigns to
comply with the order of the Commission.
(2) An aggrieved party may file a complaint for
enforcement of a valid order of the Commission directly in
Circuit Court.
(3) Upon the commencement of an action filed under
paragraphs (1) or (2) of this subsection, the court shall
have jurisdiction over the proceedings and power to grant
or refuse, in whole or in part, the relief sought or impose
such other remedy as the court may deem proper.
(4) The court may stay an order of the Commission in
accordance with the applicable Supreme Court rules,
pending disposition of the proceedings.
(5) The court may punish for any violation of its
order as in the case of civil contempt.
(6) Venue. Proceedings for judicial enforcement of a
Commission order shall be commenced in the circuit court
in the county wherein the civil rights violation which is
the subject of the Commission's order was committed.
(7) Enforcement of judicial order. An aggrieved party
may take action to collect on a judicial order issued by
the Circuit Court in an enforcement action initiated by
the State, regardless of whether or not the aggrieved
party intervened in an enforcement action.
(D) Limitation. Except as otherwise provided by law, no
court of this state shall have jurisdiction over the subject
of an alleged civil rights violation other than as set forth in
this Act.
(E) This amendatory Act of 1996 applies to causes of
action filed on or after January 1, 1996.
(F) The changes made to this Section by this amendatory
Act of the 95th General Assembly apply to charges or
complaints filed with the Department or the Commission on or
after the effective date of those changes.
(Source: P.A. 101-661, eff. 4-2-21; 102-706, eff. 4-22-22.)
(775 ILCS 5/8B-104) (from Ch. 68, par. 8B-104)
Sec. 8B-104. Relief; penalties. Upon finding a civil
rights violation, a hearing officer may recommend and the
Commission or any three-member panel thereof may provide for
any relief or penalty identified in this Section, separately
or in combination, by entering an order directing the
respondent to:
(A) Cease and Desist Order. Cease and desist from any
violation of this Act.
(B) Actual Damages. Pay actual damages, as reasonably
determined by the Commission, for injury or loss suffered
by the complainant.
(C) Civil Penalty. Pay a civil penalty per violation
to vindicate the public interest. In imposing a civil
penalty to vindicate the public interest, a separate
penalty may be imposed for each specific act constituting
a civil rights violation as defined in Section 1-103, and
for each aggrieved party injured by the civil rights
violation:
(i) in an amount not exceeding $16,000 if the
respondent has not been adjudged to have committed any
prior civil rights violation under Article 3;
(ii) in an amount not exceeding $42,500 if the
respondent has been adjudged to have committed one
other civil rights violation under Article 3 during
the 5-year period ending on the date of the filing of
this charge; and
(iii) in an amount not exceeding $70,000 if the
respondent has been adjudged to have committed 2 or
more civil rights violations under Article 3 during
the 7-year period ending on the date of the filing of
this charge; except that if the acts constituting the
civil rights violation that is the object of the
charge are committed by the same natural person who
has been previously adjudged to have committed acts
constituting a civil rights violation under Article 3,
then the civil penalties set forth in subparagraphs
(ii) and (iii) may be imposed without regard to the
period of time within which any subsequent civil
rights violation under Article 3 occurred.
(D) Attorney Fees; Costs. Pay to the complainant all
or a portion of the costs of maintaining the action,
including reasonable attorneys fees and expert witness
fees incurred in maintaining this action before the
Department, the Commission and in any judicial review and
judicial enforcement proceedings.
(E) Compliance Report. Report as to the manner of
compliance.
(F) Posting of Notices. Post notices in a conspicuous
place which the Commission may publish or cause to be
published setting forth requirements for compliance with
this Act or other relevant information which the
Commission determines necessary to explain this Act.
(G) Make Complainant Whole. Take such action as may be
necessary to make the individual complainant whole,
including, but not limited to, awards of interest on the
complainant's actual damages from the date of the civil
rights violation.
(Source: P.A. 99-548, eff. 1-1-17.)
(775 ILCS 5/10-103) (from Ch. 68, par. 10-103)
Sec. 10-103. Circuit court actions pursuant to election.
(A) If an election is made under Section 8B-102, the
Department shall authorize and, not later than 30 days after
the entry of the administrative closure order is entered by
the Commission and served on the Department, the Attorney
General shall commence and maintain a civil action on behalf
of the aggrieved party in a circuit court of Illinois seeking
relief under this Section. Venue for such civil action shall
be determined under Section 8-111(A)(1).
(B) Any aggrieved party with respect to the issues to be
determined in a civil action under this Section may intervene
as of right in that civil action.
(C) In a civil action under this Section, if the court
finds that a civil rights violation has occurred or is about to
occur the court may grant as relief any relief which a court
could grant with respect to such civil rights violation in a
civil action under Section 10-102. Any relief so granted that
would accrue to an aggrieved party in a civil action commenced
by that aggrieved party under Section 10-102 shall also accrue
to that aggrieved party in a civil action under this Section.
If monetary relief is sought for the benefit of an aggrieved
party who does not intervene in the civil action, the court
shall not award such relief if that aggrieved party has not
complied with discovery orders entered by the court.
(Source: P.A. 101-530, eff. 1-1-20; 101-661, eff. 4-2-21.)
(775 ILCS 5/10-104)
Sec. 10-104. Circuit Court Actions by the Illinois
Attorney General.
(A) Standing, venue, limitations on actions, preliminary
investigations, notice, and Assurance of Voluntary Compliance.
(1) Whenever the Illinois Attorney General has
reasonable cause to believe that any person or group of
persons is engaged in a pattern and practice of
discrimination prohibited by this Act, the Illinois
Attorney General may commence a civil action in the name
of the People of the State, as parens patriae on behalf of
persons within the State to enforce the provisions of this
Act in any appropriate circuit court. Venue for this civil
action shall be determined under paragraph (1) of
subsection (A) of Section 8-111. Such actions shall be
commenced no later than 2 years after the occurrence or
the termination of an alleged civil rights violation or
the breach of a conciliation agreement or Assurance of
Voluntary Compliance entered into under this Act,
whichever occurs last, to obtain relief with respect to
the alleged civil rights violation or breach.
(2) Prior to initiating a civil action, the Attorney
General shall conduct a preliminary investigation to
determine whether there is reasonable cause to believe
that any person or group of persons is engaged in a pattern
and practice of discrimination declared unlawful by this
Act and whether the dispute can be resolved without
litigation. In conducting this investigation, the Attorney
General may:
(a) require the individual or entity to file a
statement or report in writing under oath or
otherwise, as to all information the Attorney General
may consider necessary;
(b) examine under oath any person alleged to have
participated in or with knowledge of the alleged
pattern and practice violation; or
(c) issue subpoenas or conduct hearings in aid of
any investigation.
(3) Service by the Attorney General of any notice
requiring a person to file a statement or report, or of a
subpoena upon any person, shall be made:
(a) personally by delivery of a duly executed copy
thereof to the person to be served or, if a person is
not a natural person, in the manner provided in the
Code of Civil Procedure when a complaint is filed; or
(b) by mailing by certified mail a duly executed
copy thereof to the person to be served at his or her
last known abode or principal place of business within
this State.
(4) In lieu of a civil action, the individual or
entity alleged to have engaged in a pattern or practice of
discrimination deemed violative of this Act may enter into
an Assurance of Voluntary Compliance with respect to the
alleged pattern or practice violation.
(5) The Illinois Attorney General may commence a civil
action under this subsection (A) whether or not a charge
has been filed under Sections 7A-102 or 7B-102 and without
regard to the status of any charge, however, if the
Department or local agency has obtained a conciliation or
settlement agreement or if the parties have entered into
an Assurance of Voluntary Compliance no action may be
filed under this subsection (A) with respect to the
alleged civil rights violation practice that forms the
basis for the complaint except for the purpose of
enforcing the terms of the conciliation or settlement
agreement or the terms of the Assurance of Voluntary
Compliance.
(6) Subpoenas.
(a) Petition for enforcement. Whenever any person
fails to comply with any subpoena issued under
paragraph (2) of this subsection (A), or whenever
satisfactory copying or reproduction of any material
requested in an investigation cannot be done and the
person refuses to surrender the material, the Attorney
General may file in any appropriate circuit court, and
serve upon the person, a petition for a court order for
the enforcement of the subpoena or other request.
Venue for this enforcement action shall be determined
under paragraph (E)(1) of Section 8-104.
(b) Petition to modify or set aside a subpoena.
(i) Any person who has received a subpoena
issued under paragraph (2) of this subsection (A)
may file in the appropriate circuit court, and
serve upon the Attorney General, a petition for a
court order to modify or set aside the subpoena or
other request. The petition must be filed either
(I) within 20 days after the date of service of the
subpoena or at any time before the return date
specified in the subpoena, whichever date is
earlier, or (II) within such longer period as may
be prescribed in writing by the Attorney General.
(ii) The petition shall specify each ground
upon which the petitioner relies in seeking relief
under subdivision (i) and may be based upon any
failure of the subpoena to comply with the
provisions of this Section or upon any
constitutional or other legal right or privilege
of the petitioner. During the pendency of the
petition in the court, the court may stay, as it
deems proper, the running of the time allowed for
compliance with the subpoena or other request, in
whole or in part, except that the petitioner shall
comply with any portion of the subpoena or other
request not sought to be modified or set aside.
(c) Jurisdiction. Whenever any petition is filed
in any circuit court under this paragraph (6), the
court shall have jurisdiction to hear and determine
the matter so presented and to enter such orders as may
be required to carry out the provisions of this
Section. Any final order so entered shall be subject
to appeal in the same manner as appeals of other final
orders in civil matters. Any disobedience of any final
order entered under this paragraph (6) by any court
shall be punished as a contempt of the court.
(B) Relief which may be granted.
(1) In any civil action brought pursuant to subsection
(A) of this Section, the Attorney General may obtain as a
remedy, equitable relief (including any permanent or
preliminary injunction, temporary restraining order, or
other order, including an order enjoining the defendant
from engaging in such civil rights violation or ordering
any action as may be appropriate). In addition, the
Attorney General may request and the Court may impose
restitution to any aggrieved party injured by the pattern
or practice of discrimination, to the extent not covered
by other sources, and a civil penalty per civil rights
violation to vindicate the public interest. In imposing a
civil penalty to vindicate the public interest, each
instance in which a provision of this Act is violated as
part of a pattern or practice of discrimination may be
considered to constitute a separate violation or
violations, as may each aggrieved party harmed:
(a) for violations of this Act Article 3 and
Article 4 in an amount not exceeding $50,000 $25,000
per violation, and in the case of violations of all
other Articles in an amount not exceeding $10,000 if
the defendant has not been adjudged to have committed
any prior civil rights violations under any the
provision of the Act that is the basis of the
complaint;
(b) for violations of this Act Article 3 and
Article 4 in an amount not exceeding $75,000 $50,000
per violation, and in the case of violations of all
other Articles in an amount not exceeding $25,000 if
the defendant has been adjudged to have committed one
other civil rights violation under any the provision
of the Act within 5 years of the occurrence of the
civil rights violation that is the basis of the
complaint; and
(c) for violations of this Act Article 3 and
Article 4 in an amount not exceeding $100,000 $75,000
per violation, and in the case of violations of all
other Articles in an amount not exceeding $50,000 if
the defendant has been adjudged to have committed 2 or
more civil rights violations under any the provision
of the Act within 5 years of the occurrence of the
civil rights violation that is the basis of the
complaint.
(2) A civil penalty imposed under subdivision (B)(1)
of this Section shall be deposited into the Attorney
General Court Ordered and Voluntary Compliance Payment
Projects Fund, which is a special fund in the State
Treasury. Moneys in the Fund shall be used, subject to
appropriation, for the performance of any function
pertaining to the exercise of the duties of the Attorney
General including but not limited to enforcement of any
law of this State and conducting public education
programs; however, any moneys in the Fund that are
required by the court or by an agreement to be used for a
particular purpose shall be used for that purpose.
(3) Aggrieved parties seeking actual damages must
follow the procedure set out in Sections 7A-102 or 7B-102
for filing a charge. An action brought by the Illinois
Attorney General pursuant to this Section is independent
of any other action, remedy, or procedure that may be
available to an aggrieved party under any other provision
of law, including, but not limited to, an action, remedy,
or procedure brought pursuant to the procedures set out in
Section 7A-102 or 7B-102.
(Source: P.A. 101-661, eff. 4-2-21.)
Section 6. The Illinois Human Rights Act is amended by
changing Section 7-101 as follows:
(775 ILCS 5/7-101) (from Ch. 68, par. 7-101)
Sec. 7-101. Powers and duties. In addition to other powers
and duties prescribed in this Act, the Department shall have
the following powers:
(A) Rules and Regulations. To adopt, promulgate, amend,
and rescind rules and regulations not inconsistent with the
provisions of this Act pursuant to the Illinois Administrative
Procedure Act.
(B) Charges. To issue, receive, investigate, conciliate,
settle, and dismiss charges filed in conformity with this Act.
(C) Compulsory Process. To request subpoenas as it deems
necessary for its investigations.
(D) Complaints. To file complaints with the Commission in
conformity with this Act and to intervene in complaints
pending before the Commission filed under Article 2, 4, 5, 5A,
or 6.
(E) Judicial Enforcement. To seek temporary relief and to
enforce orders of the Commission in conformity with this Act.
(F) Equal Employment Opportunities. To take such action as
may be authorized to provide for equal employment
opportunities and affirmative action.
(G) Recruitment; Research; Public Communication; Advisory
Councils. To engage in such recruitment, research and public
communication and create such advisory councils as may be
authorized to effectuate the purposes of this Act.
(H) Coordination with other Agencies. To coordinate its
activities with federal, state, and local agencies in
conformity with this Act.
(I) Grants; Private Gifts.
(1) To accept public grants and private gifts as may
be authorized.
(2) To design grant programs and award grants to
eligible recipients.
(J) Education and Training. To implement a formal and
unbiased program of education and training for all employees
assigned to investigate and conciliate charges under Articles
7A and 7B. The training program shall include the following:
(1) substantive and procedural aspects of the
investigation and conciliation positions;
(2) current issues in human rights law and practice;
(3) lectures by specialists in substantive areas
related to human rights matters;
(4) orientation to each operational unit of the
Department and Commission;
(5) observation of experienced Department
investigators and attorneys conducting conciliation
conferences, combined with the opportunity to discuss
evidence presented and rulings made;
(6) the use of hypothetical cases requiring the
Department investigator and conciliation conference
attorney to issue judgments as a means to evaluating
knowledge and writing ability;
(7) writing skills;
(8) computer skills, including but not limited to word
processing and document management.
A formal, unbiased and ongoing professional development
program including, but not limited to, the above-noted areas
shall be implemented to keep Department investigators and
attorneys informed of recent developments and issues and to
assist them in maintaining and enhancing their professional
competence.
(K) Hotlines. To establish and maintain hotlines and
helplines to aid in effectuating the purposes of this Act
including the confidential reporting of discrimination,
harassment, and bias incidents. All communications received or
sent via the hotlines and helplines are exempt from disclosure
under the Freedom of Information Act.
(Source: P.A. 102-1115, eff. 1-9-23; 103-335, eff. 1-1-24.)
(775 ILCS 5/8-113 rep.)
Section 10. The Illinois Human Rights Act is amended by
repealing Section 8-113.
Section 95. No acceleration or delay. Where this Act makes
changes in a statute that is represented in this Act by text
that is not yet or no longer in effect (for example, a Section
represented by multiple versions), the use of that text does
not accelerate or delay the taking effect of (i) the changes
made by this Act or (ii) provisions derived from any other
Public Act.
Section 99. Effective date. This Act takes effect upon
becoming law except that Sections 5 and 10 take effect January
1, 2025.
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