Bill Amendment: IL SB0220 | 2019-2020 | 101st General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: CONDOS:DEFAULT-WRITTEN NOTICE
Status: 2019-08-23 - Public Act . . . . . . . . . 101-0530 [SB0220 Detail]
Download: Illinois-2019-SB0220-House_Amendment_003.html
Bill Title: CONDOS:DEFAULT-WRITTEN NOTICE
Status: 2019-08-23 - Public Act . . . . . . . . . 101-0530 [SB0220 Detail]
Download: Illinois-2019-SB0220-House_Amendment_003.html
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1 | AMENDMENT TO SENATE BILL 220
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2 | AMENDMENT NO. ______. Amend Senate Bill 220 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Illinois Human Rights Act is amended by | ||||||
5 | changing Sections 7B-102, 8-101, and 10-103 as follows:
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6 | (775 ILCS 5/7B-102) (from Ch. 68, par. 7B-102)
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7 | Sec. 7B-102. Procedures.
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8 | (A) Charge.
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9 | (1) Within one year after the
date that a civil rights | ||||||
10 | violation allegedly has been committed or terminated,
a | ||||||
11 | charge in writing under oath or affirmation may be filed | ||||||
12 | with the
Department by an aggrieved party or issued by the | ||||||
13 | Department itself
under the signature of the Director.
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14 | (2) The charge shall be in such detail as to | ||||||
15 | substantially apprise
any party properly concerned as to | ||||||
16 | the time, place, and facts
surrounding the alleged civil |
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1 | rights violation.
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2 | (B) Notice and Response to Charge.
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3 | (1) The Department shall serve
notice upon the | ||||||
4 | aggrieved party acknowledging such charge and advising the
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5 | aggrieved party of the time limits and choice of forums | ||||||
6 | provided under this
Act. The Department shall, within 10 | ||||||
7 | days of the date on which the charge
was filed or the | ||||||
8 | identification of an additional respondent under paragraph
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9 | (2) of this subsection, serve on the respondent a copy of | ||||||
10 | the charge along with a notice
identifying the alleged | ||||||
11 | civil rights violation and advising the
respondent of the | ||||||
12 | procedural rights and obligations of respondents under
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13 | this Act and may require the respondent to file a response | ||||||
14 | to
the allegations contained in the charge. Upon the | ||||||
15 | Department's request, the respondent
shall file a response | ||||||
16 | to the charge within 30 days and
shall serve a copy of its | ||||||
17 | response on the complainant or his or her
representative. | ||||||
18 | Notwithstanding
any request from the Department, the | ||||||
19 | respondent may elect
to file a response to the charge | ||||||
20 | within 30 days of receipt
of notice of the charge, provided | ||||||
21 | the respondent serves a copy of its response on the | ||||||
22 | complainant or his or her representative. All allegations | ||||||
23 | contained in the charge
not denied by the respondent within | ||||||
24 | 30 days after the Department's request for a response may | ||||||
25 | be deemed admitted, unless the
respondent states that it is | ||||||
26 | without sufficient information to
form a belief with |
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1 | respect to such allegation. The Department may issue
a | ||||||
2 | notice of default directed to any respondent who fails to | ||||||
3 | file a
response to a charge within 30 days of the | ||||||
4 | Department's request, unless the respondent can | ||||||
5 | demonstrate good cause as
to why such notice should not | ||||||
6 | issue. The term "good cause" shall be defined by rule | ||||||
7 | promulgated by the Department. Within 10 days of the date | ||||||
8 | he or she
receives the respondent's response, the | ||||||
9 | complainant may file his or her reply to
said response. If | ||||||
10 | he or she chooses to file a reply, the complainant shall | ||||||
11 | serve
a copy of said reply on the respondent or his or her | ||||||
12 | representative. A party may
supplement his or her response | ||||||
13 | or reply at any time that
the investigation of the charge | ||||||
14 | is pending.
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15 | (2) A person who is not named as a respondent in a | ||||||
16 | charge, but who is
identified as a respondent in the course | ||||||
17 | of investigation, may be joined as
an additional or | ||||||
18 | substitute respondent upon written notice, under | ||||||
19 | subsection
(B), to such person, from the Department.
Such | ||||||
20 | notice, in addition to meeting the requirements of | ||||||
21 | subsections (A)
and (B), shall explain the basis for the | ||||||
22 | Department's belief that a person
to whom the notice is | ||||||
23 | addressed is properly joined as a respondent.
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24 | (C) Investigation.
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25 | (1) The Department shall conduct a full investigation
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26 | of the allegations set forth in the charge and complete |
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1 | such investigation
within 100 days after the filing of the | ||||||
2 | charge, unless it is impracticable to
do so. The | ||||||
3 | Department's failure to complete the investigation within | ||||||
4 | 100 days after the proper filing of the charge does not | ||||||
5 | deprive the Department of jurisdiction over the charge.
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6 | (2) If the Department is unable to complete the | ||||||
7 | investigation within 100
days after the charge is filed, | ||||||
8 | the Department shall notify the complainant
and respondent | ||||||
9 | in writing of the reasons for not doing so.
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10 | (3) The Director or his or her designated | ||||||
11 | representative shall have
authority to request any member | ||||||
12 | of the Commission to issue subpoenas to
compel the | ||||||
13 | attendance of a witness or the production for
examination | ||||||
14 | of any books, records or documents whatsoever.
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15 | (4) If any witness whose testimony is required for any | ||||||
16 | investigation
resides outside the State, or through | ||||||
17 | illness or any other good cause as
determined by the | ||||||
18 | Director is unable to be interviewed by the investigator
or | ||||||
19 | appear at a fact finding conference, his or her testimony | ||||||
20 | or deposition
may be taken, within or without the State, in | ||||||
21 | the same manner as
provided for in the taking of | ||||||
22 | depositions in civil cases in circuit courts.
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23 | (5) Upon reasonable notice to the complainant and the | ||||||
24 | respondent,
the Department may shall conduct a fact finding | ||||||
25 | conference , unless prior to
100 days from the date on which | ||||||
26 | the charge was filed, the Director has
determined whether |
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1 | there is substantial evidence that the alleged civil
rights | ||||||
2 | violation has been committed or the parties voluntarily and | ||||||
3 | in writing agree to waive the fact finding conference . When | ||||||
4 | requested by the Department, a A party's failure to attend | ||||||
5 | the
conference
without good cause may result in dismissal | ||||||
6 | or default. A notice of dismissal
or default shall be | ||||||
7 | issued by the Director and shall notify the relevant
party | ||||||
8 | that a request for review may be filed in writing with the | ||||||
9 | Commission
within 30 days of receipt of notice of dismissal | ||||||
10 | or default.
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11 | (D) Report.
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12 | (1) Each charge investigated under subsection (C) | ||||||
13 | shall be the subject of a
report to the Director. The | ||||||
14 | report shall be a confidential document
subject to review | ||||||
15 | by the Director, authorized Department employees, the
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16 | parties, and, where indicated by this Act, members of the | ||||||
17 | Commission or
their designated hearing officers.
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18 | The report shall contain:
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19 | (a) the names and dates of contacts with witnesses;
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20 | (b) a summary and the date of correspondence and | ||||||
21 | other contacts with the
aggrieved party and the | ||||||
22 | respondent;
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23 | (c) a summary description of other pertinent | ||||||
24 | records;
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25 | (d) a summary of witness statements; and
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26 | (e) answers to questionnaires.
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1 | A final report under this paragraph may be amended if | ||||||
2 | additional evidence
is later discovered.
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3 | (2) Upon review of the report and within 100 days of | ||||||
4 | the filing of the
charge, unless it is impracticable
to do | ||||||
5 | so, the Director shall determine whether there is | ||||||
6 | substantial
evidence that the alleged civil rights | ||||||
7 | violation has been committed or is
about to be committed.
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8 | If the Director is unable to make the determination within | ||||||
9 | 100 days after
the filing of the charge, the Director shall | ||||||
10 | notify the complainant and
respondent in writing of the | ||||||
11 | reasons for not doing so. The Director's failure to make | ||||||
12 | the determination within 100 days after the proper filing | ||||||
13 | of the charge does not deprive the Department of | ||||||
14 | jurisdiction over the charge.
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15 | (a) If the Director determines that there is no | ||||||
16 | substantial
evidence, the charge shall be dismissed | ||||||
17 | and the aggrieved party notified
that he or she may | ||||||
18 | seek review of the dismissal order before the
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19 | Commission. The aggrieved party shall have 90 days from | ||||||
20 | receipt of notice
to file a request for review by the | ||||||
21 | Commission. The
Director shall make
public disclosure | ||||||
22 | of each such dismissal.
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23 | (b) If the Director determines that there is | ||||||
24 | substantial evidence, he or
she shall immediately | ||||||
25 | issue a complaint on behalf of the aggrieved party
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26 | pursuant to subsection (F).
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1 | (E) Conciliation.
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2 | (1) During the period beginning with the filing of
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3 | charge and ending with the filing of a complaint or a | ||||||
4 | dismissal by the
Department, the Department shall, to the | ||||||
5 | extent feasible, engage in
conciliation with respect to | ||||||
6 | such charge.
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7 | When the Department determines that a formal
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8 | conciliation conference is feasible, the aggrieved party | ||||||
9 | and respondent
shall be notified of the time and place of | ||||||
10 | the conference by registered
or certified mail at least 7 | ||||||
11 | days prior thereto and either or both
parties shall appear | ||||||
12 | at the conference in person or by attorney.
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13 | (2) The place fixed for the conference shall be within | ||||||
14 | 35 miles of
the place where the civil rights violation is | ||||||
15 | alleged to have been
committed.
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16 | (3) Nothing occurring at the conference shall be made | ||||||
17 | public or used as
evidence in a subsequent proceeding for | ||||||
18 | the purpose of proving a violation
under this Act unless | ||||||
19 | the complainant and respondent agree in writing that
such | ||||||
20 | disclosure be made.
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21 | (4) A conciliation agreement arising out of such | ||||||
22 | conciliation shall be
an agreement between the respondent | ||||||
23 | and the complainant, and shall be
subject to approval by | ||||||
24 | the Department and Commission.
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25 | (5) A conciliation agreement may provide for binding | ||||||
26 | arbitration of the
dispute arising from the charge. Any |
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1 | such arbitration that results from a
conciliation | ||||||
2 | agreement may award appropriate relief, including monetary | ||||||
3 | relief.
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4 | (6) Each conciliation agreement shall be made public | ||||||
5 | unless the
complainant and respondent otherwise agree and | ||||||
6 | the Department determines
that disclosure is not required | ||||||
7 | to further the purpose of this Act.
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8 | (F) Complaint.
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9 | (1) When there is a failure to settle or adjust any
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10 | charge through a conciliation conference and the charge is | ||||||
11 | not dismissed,
the Department shall prepare a
written | ||||||
12 | complaint, under oath or affirmation, stating the nature of | ||||||
13 | the
civil rights violation and the relief sought on behalf | ||||||
14 | of the aggrieved
party. Such complaint shall be based on | ||||||
15 | the final investigation report and
need not be limited to | ||||||
16 | the facts or grounds alleged in the charge filed
under | ||||||
17 | subsection (A).
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18 | (2) The complaint shall be filed with the Commission.
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19 | (3) The Department may not issue a complaint under this | ||||||
20 | Section
regarding an alleged civil rights violation after | ||||||
21 | the beginning of
the trial of a civil action commenced by | ||||||
22 | the aggrieved party under any
State or federal law, seeking | ||||||
23 | relief with respect to that alleged civil rights
violation.
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24 | (G) Time Limit.
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25 | (1) When a charge of a civil rights violation has been
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26 | properly filed, the Department, within 100 days thereof, |
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1 | unless it is
impracticable to do so,
shall either issue and | ||||||
2 | file a complaint in the manner and form set forth in
this | ||||||
3 | Section or shall order that no complaint be issued. Any | ||||||
4 | such order
shall be duly served upon both the aggrieved | ||||||
5 | party and the respondent. The Department's failure to | ||||||
6 | either issue and file a complaint or order that no | ||||||
7 | complaint be issued within 100 days after the proper filing | ||||||
8 | of the charge does not deprive the Department of | ||||||
9 | jurisdiction over the charge.
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10 | (2) The Director shall make available to the aggrieved | ||||||
11 | party
and the respondent, at any time, upon request | ||||||
12 | following completion of the
Department's investigation, | ||||||
13 | information derived from an investigation and
any final | ||||||
14 | investigative report relating to that investigation.
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15 | (H) This amendatory Act of 1995 applies to causes of action | ||||||
16 | filed on or
after
January 1, 1996.
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17 | (I) The changes made to this Section by Public Act 95-243 | ||||||
18 | apply to charges filed on or
after the effective date of those | ||||||
19 | changes. | ||||||
20 | (J) The changes made to this Section by this amendatory Act | ||||||
21 | of the 96th General Assembly apply to charges filed on or
after | ||||||
22 | the effective date of those changes. | ||||||
23 | (Source: P.A. 100-492, eff. 9-8-17; 100-1066, eff. 8-24-18.)
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24 | (775 ILCS 5/8-101) (from Ch. 68, par. 8-101)
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25 | Sec. 8-101. Illinois Human Rights Commission.
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1 | (A) Creation; appointments. The Human Rights Commission is | ||||||
2 | created to consist
of 7 members appointed by the Governor with | ||||||
3 | the advice and consent of the
Senate. No more than 4 members | ||||||
4 | shall be of the same political party. The
Governor shall | ||||||
5 | designate one member as chairperson. All appointments shall
be | ||||||
6 | in writing and filed with the Secretary of State as a public | ||||||
7 | record.
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8 | (B) Terms. Of the members first appointed, 4 shall be | ||||||
9 | appointed for a
term to expire on the third Monday of January, | ||||||
10 | 2021, and 3 (including the
Chairperson) shall be appointed for | ||||||
11 | a term to expire on the third Monday
of January, 2023.
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12 | Notwithstanding any provision of this Section to the | ||||||
13 | contrary, the term
of office of each member of the Illinois | ||||||
14 | Human Rights Commission is
abolished on January 19, 2019. | ||||||
15 | Incumbent members holding a position on the Commission that was | ||||||
16 | created by Public Act 84-115 and whose terms, if not for this | ||||||
17 | amendatory Act of the 100th General Assembly, would have | ||||||
18 | expired January 18, 2021 shall continue to exercise all of the | ||||||
19 | powers and be
subject to all of the duties of members of the | ||||||
20 | Commission until June 30, 2019 or until
their respective | ||||||
21 | successors are appointed and qualified, whichever is earlier.
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22 | Thereafter, each member shall serve for a term of 4 years
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23 | and until his or her successor is appointed and qualified; | ||||||
24 | except that any
member chosen to fill a vacancy occurring | ||||||
25 | otherwise than by expiration of
a term shall be appointed only | ||||||
26 | for the unexpired term of the member whom
he or she shall |
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1 | succeed and until his or her successor is appointed and
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2 | qualified.
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3 | (C) Vacancies. | ||||||
4 | (1) In the case of vacancies on the Commission during
a | ||||||
5 | recess of the Senate, the Governor shall make a temporary | ||||||
6 | appointment
until the next meeting of the Senate when he or | ||||||
7 | she shall appoint a person
to fill the vacancy. Any person | ||||||
8 | so nominated and confirmed by the Senate
shall hold office | ||||||
9 | for the remainder of the term and until his or her | ||||||
10 | successor
is appointed and qualified.
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11 | (2) If the Senate is not in session at the time this | ||||||
12 | Act takes effect,
the Governor shall make temporary | ||||||
13 | appointments to the Commission as in the
case of vacancies.
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14 | (3) Vacancies in the Commission shall not impair the | ||||||
15 | right of the remaining
members to exercise all the powers | ||||||
16 | of the Commission. Except when authorized
by this Act to | ||||||
17 | proceed through a 3 member panel, a majority of the members
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18 | of the Commission then in office shall constitute a quorum.
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19 | (D) Compensation. On and after January 19, 2019, the | ||||||
20 | Chairperson of the Commission shall be compensated
at the rate | ||||||
21 | of $125,000 per year, or as set by the Compensation Review
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22 | Board, whichever is greater, during his or her service as | ||||||
23 | Chairperson,
and each other member shall be compensated at the | ||||||
24 | rate of $119,000 per
year, or as set by the Compensation Review | ||||||
25 | Board, whichever is greater.
In addition, all members of the | ||||||
26 | Commission shall be reimbursed for expenses
actually and |
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1 | necessarily incurred by them
in the performance of their | ||||||
2 | duties.
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3 | (E) Notwithstanding the general supervisory authority of | ||||||
4 | the Chairperson, each commissioner, unless appointed to the | ||||||
5 | special temporary panel created under subsection (H), has the | ||||||
6 | authority to hire and supervise a staff attorney. The staff | ||||||
7 | attorney shall report directly to the individual commissioner. | ||||||
8 | (F) A formal training program for newly appointed | ||||||
9 | commissioners shall be implemented. The training program shall | ||||||
10 | include the following: | ||||||
11 | (1) substantive and procedural aspects of the office of | ||||||
12 | commissioner; | ||||||
13 | (2) current issues in employment and housing | ||||||
14 | discrimination and public accommodation law and practice; | ||||||
15 | (3) orientation to each operational unit of the
Human | ||||||
16 | Rights Commission; | ||||||
17 | (4) observation of experienced hearing officers and | ||||||
18 | commissioners conducting hearings of cases, combined with | ||||||
19 | the opportunity to discuss evidence presented and rulings | ||||||
20 | made; | ||||||
21 | (5) the use of hypothetical cases requiring the
newly | ||||||
22 | appointed commissioner to issue judgments as a means of | ||||||
23 | evaluating knowledge and writing ability; | ||||||
24 | (6) writing skills; and | ||||||
25 | (7) professional and ethical standards. | ||||||
26 | A formal and ongoing professional development program |
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1 | including, but not limited to, the above-noted areas shall be | ||||||
2 | implemented to keep commissioners informed of recent | ||||||
3 | developments and issues and to assist them in maintaining and | ||||||
4 | enhancing their professional competence. Each commissioner | ||||||
5 | shall complete 20 hours of training in the above-noted areas | ||||||
6 | during every 2 years the commissioner remains in office. | ||||||
7 | (G) Commissioners must meet one of the following | ||||||
8 | qualifications: | ||||||
9 | (1) licensed to practice law in the State of Illinois; | ||||||
10 | (2) at least 3 years of experience as a hearing officer | ||||||
11 | at the Human Rights Commission; or | ||||||
12 | (3) at least 4 years of professional experience working | ||||||
13 | for or dealing with individuals or corporations affected by | ||||||
14 | this Act or similar laws in other jurisdictions, including, | ||||||
15 | but not limited to, experience with a civil rights advocacy | ||||||
16 | group, a fair housing group, a trade association, a union, | ||||||
17 | a law firm, a legal aid organization, an employer's human | ||||||
18 | resources department, an employment discrimination | ||||||
19 | consulting firm, or a municipal human relations agency. | ||||||
20 | The Governor's appointment message, filed with the | ||||||
21 | Secretary of State and transmitted to the Senate, shall state | ||||||
22 | specifically how the experience of a nominee for commissioner | ||||||
23 | meets the requirement set forth in this subsection. The | ||||||
24 | Chairperson must have public or private sector management and | ||||||
25 | budget experience, as determined by the Governor. | ||||||
26 | Each commissioner shall devote full time to his or her |
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1 | duties and any commissioner who is an attorney shall not engage | ||||||
2 | in the practice of law, nor shall any commissioner hold any | ||||||
3 | other office or position of profit under the United States or | ||||||
4 | this State or any municipal corporation or political | ||||||
5 | subdivision of this State, nor engage in any other business, | ||||||
6 | employment, or vocation. | ||||||
7 | (H) Notwithstanding any other provision of this Act, the | ||||||
8 | Governor shall appoint, by and with the consent of the Senate, | ||||||
9 | a special temporary panel of commissioners comprised of 3 | ||||||
10 | members. The members shall hold office until the Commission, in | ||||||
11 | consultation with the Governor, determines that the caseload of | ||||||
12 | requests for review has been reduced sufficiently to allow | ||||||
13 | cases to proceed in a timely manner, or for a term of 18 months | ||||||
14 | from the date of appointment by the Governor, whichever is | ||||||
15 | earlier. Each of the 3 members shall have only such rights and | ||||||
16 | powers of a commissioner necessary to dispose of the cases | ||||||
17 | assigned to the special panel. Each of the 3 members appointed | ||||||
18 | to the special panel shall receive the same salary as other | ||||||
19 | commissioners for the duration of the panel. The panel shall | ||||||
20 | have the authority to hire and supervise a staff attorney who | ||||||
21 | shall report to the panel of commissioners. | ||||||
22 | (Source: P.A. 99-642, eff. 7-28-16; 100-1066, eff. 8-24-18.)
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23 | (775 ILCS 5/10-103) (from Ch. 68, par. 10-103)
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24 | Sec. 10-103. Circuit Court Actions Pursuant To Election. | ||||||
25 | (A) If an
election is made under Section 8B-102, the Department |
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1 | shall authorize and
not later than 30 days after the entry of | ||||||
2 | the administrative closure order by the Commission election is | ||||||
3 | made the Attorney General
shall commence and maintain a civil | ||||||
4 | action on behalf of the aggrieved
party in a circuit court of | ||||||
5 | Illinois seeking relief under this Section.
Venue for such | ||||||
6 | civil action shall be determined under Section 8-111(B)(6).
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7 | (B) Any aggrieved party with respect to the issues to be | ||||||
8 | determined in
a civil action under this Section may intervene | ||||||
9 | as of right in that civil action.
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10 | (C) In a civil action under this Section, if the court | ||||||
11 | finds that a
civil rights violation
has occurred or is about to | ||||||
12 | occur the court may grant as relief any relief
which a court | ||||||
13 | could grant with respect to such civil rights violation
in a | ||||||
14 | civil action under Section 10-102. Any relief so granted that
| ||||||
15 | would accrue to an aggrieved party in a civil action commenced | ||||||
16 | by that
aggrieved party under Section 10-102 shall also accrue | ||||||
17 | to that aggrieved
party in a civil action under this Section. | ||||||
18 | If monetary relief is
sought for the benefit of an aggrieved | ||||||
19 | party who does not intervene in the
civil action, the court | ||||||
20 | shall not award such relief if that aggrieved
party has not | ||||||
21 | complied with discovery orders entered by the court.
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22 | (Source: P.A. 86-910.)".
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