Bill Text: IL HB4562 | 2015-2016 | 99th General Assembly | Chaptered


Bill Title: Amends the Illinois Human Rights Act. Increases the amount of civil penalties for civil rights violations relating to real estate transactions as follows: (i) a maximum of $16,000 (instead of $10,000) if the respondent has not been adjudged to have committed any prior civil rights violation concerning real estate transactions; (ii) a maximum of $42,500 (instead of $25,000) if the respondent has been adjudged to have committed one other civil rights violation concerning real estate transactions during the 5-year period ending on the date of the filing of the current charge; and (iii) a maximum of $70,000 (instead of $50,000) if the respondent has been adjudged to have committed 2 or more civil rights violations concerning real estate transactions during the 7-year period ending on the date of the filing of the current charge.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Passed) 2016-07-15 - Public Act . . . . . . . . . 99-0548 [HB4562 Detail]

Download: Illinois-2015-HB4562-Chaptered.html



Public Act 099-0548
HB4562 EnrolledLRB099 15646 HEP 39939 b
AN ACT concerning human rights.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Human Rights Act is amended by
changing Section 8B-104 as follows:
(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 to vindicate the
public interest:
(i) in an amount not exceeding $16,000 $10,000 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 $25,000 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 $50,000 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. 86-910.)
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