Illinois General Assembly - Full Text of HB5371
Illinois General Assembly

  Bills & Resolutions  
  Compiled Statutes  
  Public Acts  
  Legislative Reports  
  IL Constitution  
  Legislative Guide  
  Legislative Glossary  

 Search By Number
 (example: HB0001)
Search Tips

Search By Keyword

Full Text of HB5371  103rd General Assembly

HB5371eng 103RD GENERAL ASSEMBLY

 


 
HB5371 EngrossedLRB103 39459 JRC 69653 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 3. The Freedom of Information Act is amended by
5changing Section 7.5 as follows:
 
6    (5 ILCS 140/7.5)
7    (Text of Section before amendment by P.A. 103-472)
8    Sec. 7.5. Statutory exemptions. To the extent provided for
9by the statutes referenced below, the following shall be
10exempt from inspection and copying:
11        (a) All information determined to be confidential
12    under Section 4002 of the Technology Advancement and
13    Development Act.
14        (b) Library circulation and order records identifying
15    library users with specific materials under the Library
16    Records Confidentiality Act.
17        (c) Applications, related documents, and medical
18    records received by the Experimental Organ Transplantation
19    Procedures Board and any and all documents or other
20    records prepared by the Experimental Organ Transplantation
21    Procedures Board or its staff relating to applications it
22    has received.
23        (d) Information and records held by the Department of

 

 

HB5371 Engrossed- 2 -LRB103 39459 JRC 69653 b

1    Public Health and its authorized representatives relating
2    to known or suspected cases of sexually transmissible
3    disease or any information the disclosure of which is
4    restricted under the Illinois Sexually Transmissible
5    Disease Control Act.
6        (e) Information the disclosure of which is exempted
7    under Section 30 of the Radon Industry Licensing Act.
8        (f) Firm performance evaluations under Section 55 of
9    the Architectural, Engineering, and Land Surveying
10    Qualifications Based Selection Act.
11        (g) Information the disclosure of which is restricted
12    and exempted under Section 50 of the Illinois Prepaid
13    Tuition Act.
14        (h) Information the disclosure of which is exempted
15    under the State Officials and Employees Ethics Act, and
16    records of any lawfully created State or local inspector
17    general's office that would be exempt if created or
18    obtained by an Executive Inspector General's office under
19    that Act.
20        (i) Information contained in a local emergency energy
21    plan submitted to a municipality in accordance with a
22    local emergency energy plan ordinance that is adopted
23    under Section 11-21.5-5 of the Illinois Municipal Code.
24        (j) Information and data concerning the distribution
25    of surcharge moneys collected and remitted by carriers
26    under the Emergency Telephone System Act.

 

 

HB5371 Engrossed- 3 -LRB103 39459 JRC 69653 b

1        (k) Law enforcement officer identification information
2    or driver identification information compiled by a law
3    enforcement agency or the Department of Transportation
4    under Section 11-212 of the Illinois Vehicle Code.
5        (l) Records and information provided to a residential
6    health care facility resident sexual assault and death
7    review team or the Executive Council under the Abuse
8    Prevention Review Team Act.
9        (m) Information provided to the predatory lending
10    database created pursuant to Article 3 of the Residential
11    Real Property Disclosure Act, except to the extent
12    authorized under that Article.
13        (n) Defense budgets and petitions for certification of
14    compensation and expenses for court appointed trial
15    counsel as provided under Sections 10 and 15 of the
16    Capital Crimes Litigation Act (repealed). This subsection
17    (n) shall apply until the conclusion of the trial of the
18    case, even if the prosecution chooses not to pursue the
19    death penalty prior to trial or sentencing.
20        (o) Information that is prohibited from being
21    disclosed under Section 4 of the Illinois Health and
22    Hazardous Substances Registry Act.
23        (p) Security portions of system safety program plans,
24    investigation reports, surveys, schedules, lists, data, or
25    information compiled, collected, or prepared by or for the
26    Department of Transportation under Sections 2705-300 and

 

 

HB5371 Engrossed- 4 -LRB103 39459 JRC 69653 b

1    2705-616 of the Department of Transportation Law of the
2    Civil Administrative Code of Illinois, the Regional
3    Transportation Authority under Section 2.11 of the
4    Regional Transportation Authority Act, or the St. Clair
5    County Transit District under the Bi-State Transit Safety
6    Act (repealed).
7        (q) Information prohibited from being disclosed by the
8    Personnel Record Review Act.
9        (r) Information prohibited from being disclosed by the
10    Illinois School Student Records Act.
11        (s) Information the disclosure of which is restricted
12    under Section 5-108 of the Public Utilities Act.
13        (t) (Blank).
14        (u) Records and information provided to an independent
15    team of experts under the Developmental Disability and
16    Mental Health Safety Act (also known as Brian's Law).
17        (v) Names and information of people who have applied
18    for or received Firearm Owner's Identification Cards under
19    the Firearm Owners Identification Card Act or applied for
20    or received a concealed carry license under the Firearm
21    Concealed Carry Act, unless otherwise authorized by the
22    Firearm Concealed Carry Act; and databases under the
23    Firearm Concealed Carry Act, records of the Concealed
24    Carry Licensing Review Board under the Firearm Concealed
25    Carry Act, and law enforcement agency objections under the
26    Firearm Concealed Carry Act.

 

 

HB5371 Engrossed- 5 -LRB103 39459 JRC 69653 b

1        (v-5) Records of the Firearm Owner's Identification
2    Card Review Board that are exempted from disclosure under
3    Section 10 of the Firearm Owners Identification Card Act.
4        (w) Personally identifiable information which is
5    exempted from disclosure under subsection (g) of Section
6    19.1 of the Toll Highway Act.
7        (x) Information which is exempted from disclosure
8    under Section 5-1014.3 of the Counties Code or Section
9    8-11-21 of the Illinois Municipal Code.
10        (y) Confidential information under the Adult
11    Protective Services Act and its predecessor enabling
12    statute, the Elder Abuse and Neglect Act, including
13    information about the identity and administrative finding
14    against any caregiver of a verified and substantiated
15    decision of abuse, neglect, or financial exploitation of
16    an eligible adult maintained in the Registry established
17    under Section 7.5 of the Adult Protective Services Act.
18        (z) Records and information provided to a fatality
19    review team or the Illinois Fatality Review Team Advisory
20    Council under Section 15 of the Adult Protective Services
21    Act.
22        (aa) Information which is exempted from disclosure
23    under Section 2.37 of the Wildlife Code.
24        (bb) Information which is or was prohibited from
25    disclosure by the Juvenile Court Act of 1987.
26        (cc) Recordings made under the Law Enforcement

 

 

HB5371 Engrossed- 6 -LRB103 39459 JRC 69653 b

1    Officer-Worn Body Camera Act, except to the extent
2    authorized under that Act.
3        (dd) Information that is prohibited from being
4    disclosed under Section 45 of the Condominium and Common
5    Interest Community Ombudsperson Act.
6        (ee) Information that is exempted from disclosure
7    under Section 30.1 of the Pharmacy Practice Act.
8        (ff) Information that is exempted from disclosure
9    under the Revised Uniform Unclaimed Property Act.
10        (gg) Information that is prohibited from being
11    disclosed under Section 7-603.5 of the Illinois Vehicle
12    Code.
13        (hh) Records that are exempt from disclosure under
14    Section 1A-16.7 of the Election Code.
15        (ii) Information which is exempted from disclosure
16    under Section 2505-800 of the Department of Revenue Law of
17    the Civil Administrative Code of Illinois.
18        (jj) Information and reports that are required to be
19    submitted to the Department of Labor by registering day
20    and temporary labor service agencies but are exempt from
21    disclosure under subsection (a-1) of Section 45 of the Day
22    and Temporary Labor Services Act.
23        (kk) Information prohibited from disclosure under the
24    Seizure and Forfeiture Reporting Act.
25        (ll) Information the disclosure of which is restricted
26    and exempted under Section 5-30.8 of the Illinois Public

 

 

HB5371 Engrossed- 7 -LRB103 39459 JRC 69653 b

1    Aid Code.
2        (mm) Records that are exempt from disclosure under
3    Section 4.2 of the Crime Victims Compensation Act.
4        (nn) Information that is exempt from disclosure under
5    Section 70 of the Higher Education Student Assistance Act.
6        (oo) Communications, notes, records, and reports
7    arising out of a peer support counseling session
8    prohibited from disclosure under the First Responders
9    Suicide Prevention Act.
10        (pp) Names and all identifying information relating to
11    an employee of an emergency services provider or law
12    enforcement agency under the First Responders Suicide
13    Prevention Act.
14        (qq) Information and records held by the Department of
15    Public Health and its authorized representatives collected
16    under the Reproductive Health Act.
17        (rr) Information that is exempt from disclosure under
18    the Cannabis Regulation and Tax Act.
19        (ss) Data reported by an employer to the Department of
20    Human Rights pursuant to Section 2-108 of the Illinois
21    Human Rights Act.
22        (tt) Recordings made under the Children's Advocacy
23    Center Act, except to the extent authorized under that
24    Act.
25        (uu) Information that is exempt from disclosure under
26    Section 50 of the Sexual Assault Evidence Submission Act.

 

 

HB5371 Engrossed- 8 -LRB103 39459 JRC 69653 b

1        (vv) Information that is exempt from disclosure under
2    subsections (f) and (j) of Section 5-36 of the Illinois
3    Public Aid Code.
4        (ww) Information that is exempt from disclosure under
5    Section 16.8 of the State Treasurer Act.
6        (xx) Information that is exempt from disclosure or
7    information that shall not be made public under the
8    Illinois Insurance Code.
9        (yy) Information prohibited from being disclosed under
10    the Illinois Educational Labor Relations Act.
11        (zz) Information prohibited from being disclosed under
12    the Illinois Public Labor Relations Act.
13        (aaa) Information prohibited from being disclosed
14    under Section 1-167 of the Illinois Pension Code.
15        (bbb) Information that is prohibited from disclosure
16    by the Illinois Police Training Act and the Illinois State
17    Police Act.
18        (ccc) Records exempt from disclosure under Section
19    2605-304 of the Illinois State Police Law of the Civil
20    Administrative Code of Illinois.
21        (ddd) Information prohibited from being disclosed
22    under Section 35 of the Address Confidentiality for
23    Victims of Domestic Violence, Sexual Assault, Human
24    Trafficking, or Stalking Act.
25        (eee) Information prohibited from being disclosed
26    under subsection (b) of Section 75 of the Domestic

 

 

HB5371 Engrossed- 9 -LRB103 39459 JRC 69653 b

1    Violence Fatality Review Act.
2        (fff) Images from cameras under the Expressway Camera
3    Act. This subsection (fff) is inoperative on and after
4    July 1, 2025.
5        (ggg) Information prohibited from disclosure under
6    paragraph (3) of subsection (a) of Section 14 of the Nurse
7    Agency Licensing Act.
8        (hhh) Information submitted to the Illinois State
9    Police in an affidavit or application for an assault
10    weapon endorsement, assault weapon attachment endorsement,
11    .50 caliber rifle endorsement, or .50 caliber cartridge
12    endorsement under the Firearm Owners Identification Card
13    Act.
14        (iii) Data exempt from disclosure under Section 50 of
15    the School Safety Drill Act.
16        (jjj) (hhh) Information exempt from disclosure under
17    Section 30 of the Insurance Data Security Law.
18        (kkk) (iii) Confidential business information
19    prohibited from disclosure under Section 45 of the Paint
20    Stewardship Act.
21        (lll) (Reserved).
22        (mmm) (iii) Information prohibited from being
23    disclosed under subsection (e) of Section 1-129 of the
24    Illinois Power Agency Act.
25        (nnn) Information that is exempt from disclosure under
26    Section 7-101 of the Illinois Human Rights Act.

 

 

HB5371 Engrossed- 10 -LRB103 39459 JRC 69653 b

1(Source: P.A. 102-36, eff. 6-25-21; 102-237, eff. 1-1-22;
2102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff.
38-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22;
4102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff.
56-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372,
6eff. 1-1-24; 103-508, eff. 8-4-23; 103-580, eff. 12-8-23;
7revised 1-2-24.)
 
8    (Text of Section after amendment by P.A. 103-472)
9    Sec. 7.5. Statutory exemptions. To the extent provided for
10by the statutes referenced below, the following shall be
11exempt from inspection and copying:
12        (a) All information determined to be confidential
13    under Section 4002 of the Technology Advancement and
14    Development Act.
15        (b) Library circulation and order records identifying
16    library users with specific materials under the Library
17    Records Confidentiality Act.
18        (c) Applications, related documents, and medical
19    records received by the Experimental Organ Transplantation
20    Procedures Board and any and all documents or other
21    records prepared by the Experimental Organ Transplantation
22    Procedures Board or its staff relating to applications it
23    has received.
24        (d) Information and records held by the Department of
25    Public Health and its authorized representatives relating

 

 

HB5371 Engrossed- 11 -LRB103 39459 JRC 69653 b

1    to known or suspected cases of sexually transmissible
2    disease or any information the disclosure of which is
3    restricted under the Illinois Sexually Transmissible
4    Disease Control Act.
5        (e) Information the disclosure of which is exempted
6    under Section 30 of the Radon Industry Licensing Act.
7        (f) Firm performance evaluations under Section 55 of
8    the Architectural, Engineering, and Land Surveying
9    Qualifications Based Selection Act.
10        (g) Information the disclosure of which is restricted
11    and exempted under Section 50 of the Illinois Prepaid
12    Tuition Act.
13        (h) Information the disclosure of which is exempted
14    under the State Officials and Employees Ethics Act, and
15    records of any lawfully created State or local inspector
16    general's office that would be exempt if created or
17    obtained by an Executive Inspector General's office under
18    that Act.
19        (i) Information contained in a local emergency energy
20    plan submitted to a municipality in accordance with a
21    local emergency energy plan ordinance that is adopted
22    under Section 11-21.5-5 of the Illinois Municipal Code.
23        (j) Information and data concerning the distribution
24    of surcharge moneys collected and remitted by carriers
25    under the Emergency Telephone System Act.
26        (k) Law enforcement officer identification information

 

 

HB5371 Engrossed- 12 -LRB103 39459 JRC 69653 b

1    or driver identification information compiled by a law
2    enforcement agency or the Department of Transportation
3    under Section 11-212 of the Illinois Vehicle Code.
4        (l) Records and information provided to a residential
5    health care facility resident sexual assault and death
6    review team or the Executive Council under the Abuse
7    Prevention Review Team Act.
8        (m) Information provided to the predatory lending
9    database created pursuant to Article 3 of the Residential
10    Real Property Disclosure Act, except to the extent
11    authorized under that Article.
12        (n) Defense budgets and petitions for certification of
13    compensation and expenses for court appointed trial
14    counsel as provided under Sections 10 and 15 of the
15    Capital Crimes Litigation Act (repealed). This subsection
16    (n) shall apply until the conclusion of the trial of the
17    case, even if the prosecution chooses not to pursue the
18    death penalty prior to trial or sentencing.
19        (o) Information that is prohibited from being
20    disclosed under Section 4 of the Illinois Health and
21    Hazardous Substances Registry Act.
22        (p) Security portions of system safety program plans,
23    investigation reports, surveys, schedules, lists, data, or
24    information compiled, collected, or prepared by or for the
25    Department of Transportation under Sections 2705-300 and
26    2705-616 of the Department of Transportation Law of the

 

 

HB5371 Engrossed- 13 -LRB103 39459 JRC 69653 b

1    Civil Administrative Code of Illinois, the Regional
2    Transportation Authority under Section 2.11 of the
3    Regional Transportation Authority Act, or the St. Clair
4    County Transit District under the Bi-State Transit Safety
5    Act (repealed).
6        (q) Information prohibited from being disclosed by the
7    Personnel Record Review Act.
8        (r) Information prohibited from being disclosed by the
9    Illinois School Student Records Act.
10        (s) Information the disclosure of which is restricted
11    under Section 5-108 of the Public Utilities Act.
12        (t) (Blank).
13        (u) Records and information provided to an independent
14    team of experts under the Developmental Disability and
15    Mental Health Safety Act (also known as Brian's Law).
16        (v) Names and information of people who have applied
17    for or received Firearm Owner's Identification Cards under
18    the Firearm Owners Identification Card Act or applied for
19    or received a concealed carry license under the Firearm
20    Concealed Carry Act, unless otherwise authorized by the
21    Firearm Concealed Carry Act; and databases under the
22    Firearm Concealed Carry Act, records of the Concealed
23    Carry Licensing Review Board under the Firearm Concealed
24    Carry Act, and law enforcement agency objections under the
25    Firearm Concealed Carry Act.
26        (v-5) Records of the Firearm Owner's Identification

 

 

HB5371 Engrossed- 14 -LRB103 39459 JRC 69653 b

1    Card Review Board that are exempted from disclosure under
2    Section 10 of the Firearm Owners Identification Card Act.
3        (w) Personally identifiable information which is
4    exempted from disclosure under subsection (g) of Section
5    19.1 of the Toll Highway Act.
6        (x) Information which is exempted from disclosure
7    under Section 5-1014.3 of the Counties Code or Section
8    8-11-21 of the Illinois Municipal Code.
9        (y) Confidential information under the Adult
10    Protective Services Act and its predecessor enabling
11    statute, the Elder Abuse and Neglect Act, including
12    information about the identity and administrative finding
13    against any caregiver of a verified and substantiated
14    decision of abuse, neglect, or financial exploitation of
15    an eligible adult maintained in the Registry established
16    under Section 7.5 of the Adult Protective Services Act.
17        (z) Records and information provided to a fatality
18    review team or the Illinois Fatality Review Team Advisory
19    Council under Section 15 of the Adult Protective Services
20    Act.
21        (aa) Information which is exempted from disclosure
22    under Section 2.37 of the Wildlife Code.
23        (bb) Information which is or was prohibited from
24    disclosure by the Juvenile Court Act of 1987.
25        (cc) Recordings made under the Law Enforcement
26    Officer-Worn Body Camera Act, except to the extent

 

 

HB5371 Engrossed- 15 -LRB103 39459 JRC 69653 b

1    authorized under that Act.
2        (dd) Information that is prohibited from being
3    disclosed under Section 45 of the Condominium and Common
4    Interest Community Ombudsperson Act.
5        (ee) Information that is exempted from disclosure
6    under Section 30.1 of the Pharmacy Practice Act.
7        (ff) Information that is exempted from disclosure
8    under the Revised Uniform Unclaimed Property Act.
9        (gg) Information that is prohibited from being
10    disclosed under Section 7-603.5 of the Illinois Vehicle
11    Code.
12        (hh) Records that are exempt from disclosure under
13    Section 1A-16.7 of the Election Code.
14        (ii) Information which is exempted from disclosure
15    under Section 2505-800 of the Department of Revenue Law of
16    the Civil Administrative Code of Illinois.
17        (jj) Information and reports that are required to be
18    submitted to the Department of Labor by registering day
19    and temporary labor service agencies but are exempt from
20    disclosure under subsection (a-1) of Section 45 of the Day
21    and Temporary Labor Services Act.
22        (kk) Information prohibited from disclosure under the
23    Seizure and Forfeiture Reporting Act.
24        (ll) Information the disclosure of which is restricted
25    and exempted under Section 5-30.8 of the Illinois Public
26    Aid Code.

 

 

HB5371 Engrossed- 16 -LRB103 39459 JRC 69653 b

1        (mm) Records that are exempt from disclosure under
2    Section 4.2 of the Crime Victims Compensation Act.
3        (nn) Information that is exempt from disclosure under
4    Section 70 of the Higher Education Student Assistance Act.
5        (oo) Communications, notes, records, and reports
6    arising out of a peer support counseling session
7    prohibited from disclosure under the First Responders
8    Suicide Prevention Act.
9        (pp) Names and all identifying information relating to
10    an employee of an emergency services provider or law
11    enforcement agency under the First Responders Suicide
12    Prevention Act.
13        (qq) Information and records held by the Department of
14    Public Health and its authorized representatives collected
15    under the Reproductive Health Act.
16        (rr) Information that is exempt from disclosure under
17    the Cannabis Regulation and Tax Act.
18        (ss) Data reported by an employer to the Department of
19    Human Rights pursuant to Section 2-108 of the Illinois
20    Human Rights Act.
21        (tt) Recordings made under the Children's Advocacy
22    Center Act, except to the extent authorized under that
23    Act.
24        (uu) Information that is exempt from disclosure under
25    Section 50 of the Sexual Assault Evidence Submission Act.
26        (vv) Information that is exempt from disclosure under

 

 

HB5371 Engrossed- 17 -LRB103 39459 JRC 69653 b

1    subsections (f) and (j) of Section 5-36 of the Illinois
2    Public Aid Code.
3        (ww) Information that is exempt from disclosure under
4    Section 16.8 of the State Treasurer Act.
5        (xx) Information that is exempt from disclosure or
6    information that shall not be made public under the
7    Illinois Insurance Code.
8        (yy) Information prohibited from being disclosed under
9    the Illinois Educational Labor Relations Act.
10        (zz) Information prohibited from being disclosed under
11    the Illinois Public Labor Relations Act.
12        (aaa) Information prohibited from being disclosed
13    under Section 1-167 of the Illinois Pension Code.
14        (bbb) Information that is prohibited from disclosure
15    by the Illinois Police Training Act and the Illinois State
16    Police Act.
17        (ccc) Records exempt from disclosure under Section
18    2605-304 of the Illinois State Police Law of the Civil
19    Administrative Code of Illinois.
20        (ddd) Information prohibited from being disclosed
21    under Section 35 of the Address Confidentiality for
22    Victims of Domestic Violence, Sexual Assault, Human
23    Trafficking, or Stalking Act.
24        (eee) Information prohibited from being disclosed
25    under subsection (b) of Section 75 of the Domestic
26    Violence Fatality Review Act.

 

 

HB5371 Engrossed- 18 -LRB103 39459 JRC 69653 b

1        (fff) Images from cameras under the Expressway Camera
2    Act. This subsection (fff) is inoperative on and after
3    July 1, 2025.
4        (ggg) Information prohibited from disclosure under
5    paragraph (3) of subsection (a) of Section 14 of the Nurse
6    Agency Licensing Act.
7        (hhh) Information submitted to the Illinois State
8    Police in an affidavit or application for an assault
9    weapon endorsement, assault weapon attachment endorsement,
10    .50 caliber rifle endorsement, or .50 caliber cartridge
11    endorsement under the Firearm Owners Identification Card
12    Act.
13        (iii) Data exempt from disclosure under Section 50 of
14    the School Safety Drill Act.
15        (jjj) (hhh) Information exempt from disclosure under
16    Section 30 of the Insurance Data Security Law.
17        (kkk) (iii) Confidential business information
18    prohibited from disclosure under Section 45 of the Paint
19    Stewardship Act.
20        (lll) (iii) Data exempt from disclosure under Section
21    2-3.196 of the School Code.
22        (mmm) (iii) Information prohibited from being
23    disclosed under subsection (e) of Section 1-129 of the
24    Illinois Power Agency Act.
25        (nnn) Information that is exempt from disclosure under
26    Section 7-101 of the Illinois Human Rights Act.

 

 

HB5371 Engrossed- 19 -LRB103 39459 JRC 69653 b

1(Source: P.A. 102-36, eff. 6-25-21; 102-237, eff. 1-1-22;
2102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff.
38-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22;
4102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff.
56-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372,
6eff. 1-1-24; 103-472, eff. 8-1-24; 103-508, eff. 8-4-23;
7103-580, eff. 12-8-23; revised 1-2-24.)
 
8    Section 5. The Illinois Human Rights Act is amended by
9changing Sections 2-102, 3-101, 3-102, 7-101, 8-101, 8-111,
108B-104, 10-103, and 10-104 as follows:
 
11    (775 ILCS 5/2-102)  (from Ch. 68, par. 2-102)
12    Sec. 2-102. Civil rights violations - employment. It is a
13civil rights violation:
14        (A) Employers. For any employer to refuse to hire, to
15    segregate, to engage in harassment as defined in
16    subsection (E-1) of Section 2-101, or to act with respect
17    to recruitment, hiring, promotion, renewal of employment,
18    selection for training or apprenticeship, discharge,
19    discipline, tenure or terms, privileges or conditions of
20    employment on the basis of unlawful discrimination,
21    citizenship status, or work authorization status. An
22    employer shall be is responsible for harassment of the
23    employer's employees by the employer's nonmanagerial and
24    nonsupervisory employees, nonemployees as defined in

 

 

HB5371 Engrossed- 20 -LRB103 39459 JRC 69653 b

1    subsection (A-10) of this Section, and third parties,
2    including, but not limited to, customers, clients,
3    vendors, or other visitors only if the employer becomes
4    aware of the conduct and fails to take reasonable
5    corrective measures.
6        (A-5) Language. For an employer to impose a
7    restriction that has the effect of prohibiting a language
8    from being spoken by an employee in communications that
9    are unrelated to the employee's duties.
10        For the purposes of this subdivision (A-5), "language"
11    means a person's native tongue, such as Polish, Spanish,
12    or Chinese. "Language" does not include such things as
13    slang, jargon, profanity, or vulgarity.
14        (A-10) Harassment of nonemployees. For any employer,
15    employment agency, or labor organization to engage in
16    harassment of nonemployees in the workplace. An employer
17    shall be is responsible for harassment of nonemployees by
18    the employer's nonmanagerial and nonsupervisory employees
19    only if the employer becomes aware of the conduct and
20    fails to take reasonable corrective measures. For the
21    purposes of this subdivision (A-10), "nonemployee" means a
22    person who is not otherwise an employee of the employer
23    and is directly performing services for the employer
24    pursuant to a contract with that employer. "Nonemployee"
25    includes contractors and consultants. This subdivision
26    applies to harassment occurring on or after the effective

 

 

HB5371 Engrossed- 21 -LRB103 39459 JRC 69653 b

1    date of this amendatory Act of the 101st General Assembly.
2        (B) Employment agency. For any employment agency to
3    fail or refuse to classify properly, accept applications
4    and register for employment referral or apprenticeship
5    referral, refer for employment, or refer for
6    apprenticeship on the basis of unlawful discrimination,
7    citizenship status, or work authorization status or to
8    accept from any person any job order, requisition or
9    request for referral of applicants for employment or
10    apprenticeship which makes or has the effect of making
11    unlawful discrimination or discrimination on the basis of
12    citizenship status or work authorization status a
13    condition of referral.
14        (C) Labor organization. For any labor organization to
15    limit, segregate or classify its membership, or to limit
16    employment opportunities, selection and training for
17    apprenticeship in any trade or craft, or otherwise to
18    take, or fail to take, any action which affects adversely
19    any person's status as an employee or as an applicant for
20    employment or as an apprentice, or as an applicant for
21    apprenticeships, or wages, tenure, hours of employment or
22    apprenticeship conditions on the basis of unlawful
23    discrimination, citizenship status, or work authorization
24    status.
25        (D) Sexual harassment. For any employer, employee,
26    agent of any employer, employment agency or labor

 

 

HB5371 Engrossed- 22 -LRB103 39459 JRC 69653 b

1    organization to engage in sexual harassment. An ; provided,
2    that an employer shall be responsible for sexual
3    harassment of the employer's employees by nonemployees or
4    nonmanagerial and nonsupervisory employees, nonemployees
5    as defined in subsection (D-5) of this Section, and third
6    parties, including, but not limited to, customers,
7    clients, vendors, or other visitors only if the employer
8    becomes aware of the conduct and fails to take reasonable
9    corrective measures.
10        (D-5) Sexual harassment of nonemployees. For any
11    employer, employee, agent of any employer, employment
12    agency, or labor organization to engage in sexual
13    harassment of nonemployees in the workplace. An employer
14    shall be is responsible for sexual harassment of
15    nonemployees by the employer's nonmanagerial and
16    nonsupervisory employees only if the employer becomes
17    aware of the conduct and fails to take reasonable
18    corrective measures. For the purposes of this subdivision
19    (D-5), "nonemployee" means a person who is not otherwise
20    an employee of the employer and is directly performing
21    services for the employer pursuant to a contract with that
22    employer. "Nonemployee" includes contractors and
23    consultants. This subdivision applies to sexual harassment
24    occurring on or after the effective date of this
25    amendatory Act of the 101st General Assembly.
26        (E) Public employers. For any public employer to

 

 

HB5371 Engrossed- 23 -LRB103 39459 JRC 69653 b

1    refuse to permit a public employee under its jurisdiction
2    who takes time off from work in order to practice his or
3    her religious beliefs to engage in work, during hours
4    other than such employee's regular working hours,
5    consistent with the operational needs of the employer and
6    in order to compensate for work time lost for such
7    religious reasons. Any employee who elects such deferred
8    work shall be compensated at the wage rate which he or she
9    would have earned during the originally scheduled work
10    period. The employer may require that an employee who
11    plans to take time off from work in order to practice his
12    or her religious beliefs provide the employer with a
13    notice of his or her intention to be absent from work not
14    exceeding 5 days prior to the date of absence.
15        (E-5) Religious discrimination. For any employer to
16    impose upon a person as a condition of obtaining or
17    retaining employment, including opportunities for
18    promotion, advancement, or transfer, any terms or
19    conditions that would require such person to violate or
20    forgo a sincerely held practice of his or her religion
21    including, but not limited to, the wearing of any attire,
22    clothing, or facial hair in accordance with the
23    requirements of his or her religion, unless, after
24    engaging in a bona fide effort, the employer demonstrates
25    that it is unable to reasonably accommodate the employee's
26    or prospective employee's sincerely held religious belief,

 

 

HB5371 Engrossed- 24 -LRB103 39459 JRC 69653 b

1    practice, or observance without undue hardship on the
2    conduct of the employer's business.
3        Nothing in this Section prohibits an employer from
4    enacting a dress code or grooming policy that may include
5    restrictions on attire, clothing, or facial hair to
6    maintain workplace safety or food sanitation.
7        (F) Training and apprenticeship programs. For any
8    employer, employment agency or labor organization to
9    discriminate against a person on the basis of age in the
10    selection, referral for or conduct of apprenticeship or
11    training programs.
12        (G) Immigration-related practices.
13            (1) for an employer to request for purposes of
14        satisfying the requirements of Section 1324a(b) of
15        Title 8 of the United States Code, as now or hereafter
16        amended, more or different documents than are required
17        under such Section or to refuse to honor documents
18        tendered that on their face reasonably appear to be
19        genuine or to refuse to honor work authorization based
20        upon the specific status or term of status that
21        accompanies the authorization to work; or
22            (2) for an employer participating in the E-Verify
23        Program, as authorized by 8 U.S.C. 1324a, Notes, Pilot
24        Programs for Employment Eligibility Confirmation
25        (enacted by PL 104-208, div. C title IV, subtitle A) to
26        refuse to hire, to segregate, or to act with respect to

 

 

HB5371 Engrossed- 25 -LRB103 39459 JRC 69653 b

1        recruitment, hiring, promotion, renewal of employment,
2        selection for training or apprenticeship, discharge,
3        discipline, tenure or terms, privileges or conditions
4        of employment without following the procedures under
5        the E-Verify Program.
6        (H) (Blank).
7        (I) Pregnancy. For an employer to refuse to hire, to
8    segregate, or to act with respect to recruitment, hiring,
9    promotion, renewal of employment, selection for training
10    or apprenticeship, discharge, discipline, tenure or terms,
11    privileges or conditions of employment on the basis of
12    pregnancy, childbirth, or medical or common conditions
13    related to pregnancy or childbirth. Women affected by
14    pregnancy, childbirth, or medical or common conditions
15    related to pregnancy or childbirth shall be treated the
16    same for all employment-related purposes, including
17    receipt of benefits under fringe benefit programs, as
18    other persons not so affected but similar in their ability
19    or inability to work, regardless of the source of the
20    inability to work or employment classification or status.
21        (J) Pregnancy; reasonable accommodations.
22            (1) If after a job applicant or employee,
23        including a part-time, full-time, or probationary
24        employee, requests a reasonable accommodation, for an
25        employer to not make reasonable accommodations for any
26        medical or common condition of a job applicant or

 

 

HB5371 Engrossed- 26 -LRB103 39459 JRC 69653 b

1        employee related to pregnancy or childbirth, unless
2        the employer can demonstrate that the accommodation
3        would impose an undue hardship on the ordinary
4        operation of the business of the employer. The
5        employer may request documentation from the employee's
6        health care provider concerning the need for the
7        requested reasonable accommodation or accommodations
8        to the same extent documentation is requested for
9        conditions related to disability if the employer's
10        request for documentation is job-related and
11        consistent with business necessity. The employer may
12        require only the medical justification for the
13        requested accommodation or accommodations, a
14        description of the reasonable accommodation or
15        accommodations medically advisable, the date the
16        reasonable accommodation or accommodations became
17        medically advisable, and the probable duration of the
18        reasonable accommodation or accommodations. It is the
19        duty of the individual seeking a reasonable
20        accommodation or accommodations to submit to the
21        employer any documentation that is requested in
22        accordance with this paragraph. Notwithstanding the
23        provisions of this paragraph, the employer may require
24        documentation by the employee's health care provider
25        to determine compliance with other laws. The employee
26        and employer shall engage in a timely, good faith, and

 

 

HB5371 Engrossed- 27 -LRB103 39459 JRC 69653 b

1        meaningful exchange to determine effective reasonable
2        accommodations.
3            (2) For an employer to deny employment
4        opportunities or benefits to or take adverse action
5        against an otherwise qualified job applicant or
6        employee, including a part-time, full-time, or
7        probationary employee, if the denial or adverse action
8        is based on the need of the employer to make reasonable
9        accommodations to the known medical or common
10        conditions related to the pregnancy or childbirth of
11        the applicant or employee.
12            (3) For an employer to require a job applicant or
13        employee, including a part-time, full-time, or
14        probationary employee, affected by pregnancy,
15        childbirth, or medical or common conditions related to
16        pregnancy or childbirth to accept an accommodation
17        when the applicant or employee did not request an
18        accommodation and the applicant or employee chooses
19        not to accept the employer's accommodation.
20            (4) For an employer to require an employee,
21        including a part-time, full-time, or probationary
22        employee, to take leave under any leave law or policy
23        of the employer if another reasonable accommodation
24        can be provided to the known medical or common
25        conditions related to the pregnancy or childbirth of
26        an employee. No employer shall fail or refuse to

 

 

HB5371 Engrossed- 28 -LRB103 39459 JRC 69653 b

1        reinstate the employee affected by pregnancy,
2        childbirth, or medical or common conditions related to
3        pregnancy or childbirth to her original job or to an
4        equivalent position with equivalent pay and
5        accumulated seniority, retirement, fringe benefits,
6        and other applicable service credits upon her
7        signifying her intent to return or when her need for
8        reasonable accommodation ceases, unless the employer
9        can demonstrate that the accommodation would impose an
10        undue hardship on the ordinary operation of the
11        business of the employer.
12        For the purposes of this subdivision (J), "reasonable
13    accommodations" means reasonable modifications or
14    adjustments to the job application process or work
15    environment, or to the manner or circumstances under which
16    the position desired or held is customarily performed,
17    that enable an applicant or employee affected by
18    pregnancy, childbirth, or medical or common conditions
19    related to pregnancy or childbirth to be considered for
20    the position the applicant desires or to perform the
21    essential functions of that position, and may include, but
22    is not limited to: more frequent or longer bathroom
23    breaks, breaks for increased water intake, and breaks for
24    periodic rest; private non-bathroom space for expressing
25    breast milk and breastfeeding; seating; assistance with
26    manual labor; light duty; temporary transfer to a less

 

 

HB5371 Engrossed- 29 -LRB103 39459 JRC 69653 b

1    strenuous or hazardous position; the provision of an
2    accessible worksite; acquisition or modification of
3    equipment; job restructuring; a part-time or modified work
4    schedule; appropriate adjustment or modifications of
5    examinations, training materials, or policies;
6    reassignment to a vacant position; time off to recover
7    from conditions related to childbirth; and leave
8    necessitated by pregnancy, childbirth, or medical or
9    common conditions resulting from pregnancy or childbirth.
10        For the purposes of this subdivision (J), "undue
11    hardship" means an action that is prohibitively expensive
12    or disruptive when considered in light of the following
13    factors: (i) the nature and cost of the accommodation
14    needed; (ii) the overall financial resources of the
15    facility or facilities involved in the provision of the
16    reasonable accommodation, the number of persons employed
17    at the facility, the effect on expenses and resources, or
18    the impact otherwise of the accommodation upon the
19    operation of the facility; (iii) the overall financial
20    resources of the employer, the overall size of the
21    business of the employer with respect to the number of its
22    employees, and the number, type, and location of its
23    facilities; and (iv) the type of operation or operations
24    of the employer, including the composition, structure, and
25    functions of the workforce of the employer, the geographic
26    separateness, administrative, or fiscal relationship of

 

 

HB5371 Engrossed- 30 -LRB103 39459 JRC 69653 b

1    the facility or facilities in question to the employer.
2    The employer has the burden of proving undue hardship. The
3    fact that the employer provides or would be required to
4    provide a similar accommodation to similarly situated
5    employees creates a rebuttable presumption that the
6    accommodation does not impose an undue hardship on the
7    employer.
8        No employer is required by this subdivision (J) to
9    create additional employment that the employer would not
10    otherwise have created, unless the employer does so or
11    would do so for other classes of employees who need
12    accommodation. The employer is not required to discharge
13    any employee, transfer any employee with more seniority,
14    or promote any employee who is not qualified to perform
15    the job, unless the employer does so or would do so to
16    accommodate other classes of employees who need it.
17        (K) Notice.
18            (1) For an employer to fail to post or keep posted
19        in a conspicuous location on the premises of the
20        employer where notices to employees are customarily
21        posted, or fail to include in any employee handbook
22        information concerning an employee's rights under this
23        Article, a notice, to be prepared or approved by the
24        Department, summarizing the requirements of this
25        Article and information pertaining to the filing of a
26        charge, including the right to be free from unlawful

 

 

HB5371 Engrossed- 31 -LRB103 39459 JRC 69653 b

1        discrimination, the right to be free from sexual
2        harassment, and the right to certain reasonable
3        accommodations. The Department shall make the
4        documents required under this paragraph available for
5        retrieval from the Department's website.
6            (2) Upon notification of a violation of paragraph
7        (1) of this subdivision (K), the Department may launch
8        a preliminary investigation. If the Department finds a
9        violation, the Department may issue a notice to show
10        cause giving the employer 30 days to correct the
11        violation. If the violation is not corrected, the
12        Department may initiate a charge of a civil rights
13        violation.
14(Source: P.A. 101-221, eff. 1-1-20; 102-233, eff. 8-2-21.)
 
15    (775 ILCS 5/3-101)  (from Ch. 68, par. 3-101)
16    Sec. 3-101. Definitions. The following definitions are
17applicable strictly in the context of this Article:
18    (A) Real Property. "Real property" includes buildings,
19structures, real estate, lands, tenements, leaseholds,
20interests in real estate cooperatives, condominiums, and
21hereditaments, corporeal and incorporeal, or any interest
22therein.
23    (B) Real Estate Transaction. "Real estate transaction"
24includes the sale, exchange, rental or lease of real property,
25or any act that otherwise makes available such a transaction

 

 

HB5371 Engrossed- 32 -LRB103 39459 JRC 69653 b

1or alters a person's rights to real property. "Real estate
2transaction" also includes the brokering or appraising of
3residential real property and the making or purchasing of
4loans or providing other financial assistance:
5        (1) for purchasing, constructing, improving, repairing
6    or maintaining a dwelling; or
7        (2) secured by residential real estate.
8    (C) Housing Accommodations. "Housing accommodation"
9includes any improved or unimproved real property, or part
10thereof, which is used or occupied, or is intended, arranged
11or designed to be used or occupied, as the home or residence of
12one or more individuals.
13    (D) Real Estate Broker or Salesman. "Real estate broker or
14salesman" means a person, whether licensed or not, who, for or
15with the expectation of receiving a consideration, lists,
16sells, purchases, exchanges, rents, or leases real property,
17or who negotiates or attempts to negotiate any of these
18activities, or who holds oneself out as engaged in these.
19    (E) Familial Status. "Familial status" means one or more
20individuals (who have not attained the age of 18 years) being
21domiciled with:
22        (1) a parent or person having legal custody of such
23    individual or individuals; or
24        (2) the designee of such parent or other person having
25    such custody, with the written permission of such parent
26    or other person.

 

 

HB5371 Engrossed- 33 -LRB103 39459 JRC 69653 b

1    The protections afforded by this Article against
2discrimination on the basis of familial status apply to any
3person who is pregnant or is in the process of securing legal
4custody of any individual who has not attained the age of 18
5years.
6    (F) Conciliation. "Conciliation" means the attempted
7resolution of issues raised by a charge, or by the
8investigation of such charge, through informal negotiations
9involving the aggrieved party, the respondent and the
10Department.
11    (G) Conciliation Agreement. "Conciliation agreement" means
12a written agreement setting forth the resolution of the issues
13in conciliation.
14    (H) Covered Multifamily Dwellings. As used in Section
153-102.1, "covered multifamily dwellings" means:
16        (1) buildings consisting of 4 or more units if such
17    buildings have one or more elevators; and
18        (2) ground floor units in other buildings consisting
19    of 4 or more units.
20    (I) Immigration Status. "Immigration status" means a
21person's actual or perceived citizenship or immigration
22status.
23(Source: P.A. 103-232, eff. 1-1-24.)
 
24    (775 ILCS 5/3-102)  (from Ch. 68, par. 3-102)
25    Sec. 3-102. Civil rights violations; real estate

 

 

HB5371 Engrossed- 34 -LRB103 39459 JRC 69653 b

1transactions and other prohibited acts. It is a civil rights
2violation for an owner or any other person, or for a real
3estate broker or salesman, because of unlawful discrimination,
4familial status, immigration status, source of income, or an
5arrest record, as defined under subsection (B-5) of Section
61-103, to:
7        (A) Transactions. Refuse to engage in a real estate
8    transaction with a person or deny real property, or to
9    discriminate in making available such a transaction;
10        (B) Terms. Alter the terms, conditions or privileges
11    of a real estate transaction or in the furnishing of
12    facilities or services in connection therewith;
13        (C) Offers. Refuse to receive or to fail to transmit a
14    bona fide offer in a real estate transaction from a
15    person;
16        (D) Negotiation. Refuse to negotiate a real estate
17    transaction with a person;
18        (E) Representations. Represent to a person that real
19    property is not available for inspection, sale, rental, or
20    lease when in fact it is so available, or to fail to bring
21    a property listing to the person's attention, or to refuse
22    to permit the person to inspect real property;
23        (F) Publication of Intent. Make, print, circulate,
24    post, mail, publish or cause to be made, printed,
25    circulated, posted, mailed, or published any notice,
26    statement, advertisement or sign, or use a form of

 

 

HB5371 Engrossed- 35 -LRB103 39459 JRC 69653 b

1    application for a real estate transaction, or make a
2    record or inquiry in connection with a prospective real
3    estate transaction, that indicates any preference,
4    limitation, or discrimination based on unlawful
5    discrimination or unlawful discrimination based on
6    familial status, immigration status, source of income, or
7    an arrest record, or an intention to make any such
8    preference, limitation, or discrimination;
9        (G) Listings. Offer, solicit, accept, use or retain a
10    listing of real property with knowledge that unlawful
11    discrimination or discrimination on the basis of familial
12    status, immigration status, source of income, or an arrest
13    record in a real estate transaction is intended.
14        (H) Criteria. Use criteria or methods that have the
15    effect of subjecting individuals to unlawful
16    discrimination or discrimination based on familial status,
17    immigration status, source of income, or an arrest record
18    in a real estate transaction.
19(Source: P.A. 102-896, eff. 1-1-23; 103-232, eff. 1-1-24.)
 
20    (775 ILCS 5/7-101)  (from Ch. 68, par. 7-101)
21    Sec. 7-101. Powers and duties. In addition to other powers
22and duties prescribed in this Act, the Department shall have
23the following powers:
24    (A) Rules and Regulations. To adopt, promulgate, amend,
25and rescind rules and regulations not inconsistent with the

 

 

HB5371 Engrossed- 36 -LRB103 39459 JRC 69653 b

1provisions of this Act pursuant to the Illinois Administrative
2Procedure Act.
3    (B) Charges. To issue, receive, investigate, conciliate,
4settle, and dismiss charges filed in conformity with this Act.
5    (C) Compulsory Process. To request subpoenas as it deems
6necessary for its investigations.
7    (D) Complaints. To file complaints with the Commission in
8conformity with this Act and to intervene in complaints
9pending before the Commission filed under Article 2, 4, 5, 5A,
10or 6.
11    (E) Judicial Enforcement. To seek temporary relief and to
12enforce orders of the Commission in conformity with this Act.
13    (F) Equal Employment Opportunities. To take such action as
14may be authorized to provide for equal employment
15opportunities and affirmative action.
16    (G) Recruitment; Research; Public Communication; Advisory
17Councils. To engage in such recruitment, research and public
18communication and create such advisory councils as may be
19authorized to effectuate the purposes of this Act.
20    (H) Coordination with other Agencies. To coordinate its
21activities with federal, state, and local agencies in
22conformity with this Act.
23    (I) Grants; Private Gifts.
24        (1) To accept public grants and private gifts as may
25    be authorized.
26        (2) To design grant programs and award grants to

 

 

HB5371 Engrossed- 37 -LRB103 39459 JRC 69653 b

1    eligible recipients.
2    (J) Education and Training. To implement a formal and
3unbiased program of education and training for all employees
4assigned to investigate and conciliate charges under Articles
57A and 7B. The training program shall include the following:
6        (1) substantive and procedural aspects of the
7    investigation and conciliation positions;
8        (2) current issues in human rights law and practice;
9        (3) lectures by specialists in substantive areas
10    related to human rights matters;
11        (4) orientation to each operational unit of the
12    Department and Commission;
13        (5) observation of experienced Department
14    investigators and attorneys conducting conciliation
15    conferences, combined with the opportunity to discuss
16    evidence presented and rulings made;
17        (6) the use of hypothetical cases requiring the
18    Department investigator and conciliation conference
19    attorney to issue judgments as a means to evaluating
20    knowledge and writing ability;
21        (7) writing skills;
22        (8) computer skills, including but not limited to word
23    processing and document management.
24    A formal, unbiased and ongoing professional development
25program including, but not limited to, the above-noted areas
26shall be implemented to keep Department investigators and

 

 

HB5371 Engrossed- 38 -LRB103 39459 JRC 69653 b

1attorneys informed of recent developments and issues and to
2assist them in maintaining and enhancing their professional
3competence.
4    (K) Hotlines. To establish and maintain hotlines and
5helplines to aid in effectuating the purposes of this Act
6including the confidential reporting of discrimination,
7harassment, and bias incidents. All communications received or
8sent via the hotlines and helplines are exempt from disclosure
9under the Freedom of Information Act.
10(Source: P.A. 102-1115, eff. 1-9-23; 103-335, eff. 1-1-24.)

 
11    (775 ILCS 5/8-101)
12    Sec. 8-101. Illinois Human Rights Commission.
13    (A) Creation; appointments. The Human Rights Commission is
14created to consist of 7 members appointed by the Governor with
15the advice and consent of the Senate. No more than 4 members
16shall be of the same political party. The Governor shall
17designate one member as chairperson. All appointments shall be
18in writing and filed with the Secretary of State as a public
19record.
20    (B) Terms. Of the members first appointed, 4 shall be
21appointed for a term to expire on the third Monday of January,
222021, and 3 (including the Chairperson) shall be appointed for
23a term to expire on the third Monday of January, 2023.
24    Notwithstanding any provision of this Section to the
25contrary, the term of office of each member of the Illinois

 

 

HB5371 Engrossed- 39 -LRB103 39459 JRC 69653 b

1Human Rights Commission is abolished on January 19, 2019.
2Incumbent members holding a position on the Commission that
3was created by Public Act 84-115 and whose terms, if not for
4Public Act 100-1066 this amendatory Act of the 100th General
5Assembly, would have expired January 18, 2021 shall continue
6to exercise all of the powers and be subject to all of the
7duties of members of the Commission until June 30, 2019 or
8until their respective successors are appointed and qualified,
9whichever is earlier.
10    Thereafter, each member shall serve for a term of 4 years
11and until the member's successor is appointed and qualified;
12except that any member chosen to fill a vacancy occurring
13otherwise than by expiration of a term shall be appointed only
14for the unexpired term of the member whom the member shall
15succeed and until the member's successor is appointed and
16qualified.
17    (C) Vacancies.
18        (1) In the case of vacancies on the Commission during
19    a recess of the Senate, the Governor shall make a
20    temporary appointment until the next meeting of the Senate
21    when the Governor shall appoint a person to fill the
22    vacancy. Any person so nominated and confirmed by the
23    Senate shall hold office for the remainder of the term and
24    until the person's successor is appointed and qualified.
25        (2) If the Senate is not in session at the time this
26    Act takes effect, the Governor shall make temporary

 

 

HB5371 Engrossed- 40 -LRB103 39459 JRC 69653 b

1    appointments to the Commission as in the case of
2    vacancies.
3        (3) Vacancies in the Commission shall not impair the
4    right of the remaining members to exercise all the powers
5    of the Commission. Except when authorized by this Act to
6    proceed through a 3 member panel, a majority of the
7    members of the Commission then in office shall constitute
8    a quorum.
9    (D) Compensation. On and after January 19, 2019, the
10Chairperson of the Commission shall be compensated at the rate
11of $125,000 per year, or as set by the Compensation Review
12Board, whichever is greater, during the Chairperson's service
13as Chairperson, and each other member shall be compensated at
14the rate of $119,000 per year, or as set by the Compensation
15Review Board, whichever is greater. In addition, all members
16of the Commission shall be reimbursed for expenses actually
17and necessarily incurred by them in the performance of their
18duties.
19    (E) (Blank). Notwithstanding the general supervisory
20authority of the Chairperson, each commissioner, unless
21appointed to the special temporary panel created under
22subsection (H), has the authority to hire and supervise a
23staff attorney. The staff attorney shall report directly to
24the individual commissioner.
25    (F) A formal training program for newly appointed
26commissioners shall be implemented. The training program shall

 

 

HB5371 Engrossed- 41 -LRB103 39459 JRC 69653 b

1include the following:
2        (1) substantive and procedural aspects of the office
3    of commissioner;
4        (2) current issues in employment and housing
5    discrimination and public accommodation law and practice;
6        (3) orientation to each operational unit of the Human
7    Rights Commission;
8        (4) observation of experienced hearing officers and
9    commissioners conducting hearings of cases, combined with
10    the opportunity to discuss evidence presented and rulings
11    made;
12        (5) the use of hypothetical cases requiring the newly
13    appointed commissioner to issue judgments as a means of
14    evaluating knowledge and writing ability;
15        (6) writing skills; and
16        (7) professional and ethical standards.
17    A formal and ongoing professional development program
18including, but not limited to, the above-noted areas shall be
19implemented to keep commissioners informed of recent
20developments and issues and to assist them in maintaining and
21enhancing their professional competence. Each commissioner
22shall complete 20 hours of training in the above-noted areas
23during every 2 years the commissioner remains in office.
24    (G) Commissioners must meet one of the following
25qualifications:
26        (1) licensed to practice law in the State of Illinois;

 

 

HB5371 Engrossed- 42 -LRB103 39459 JRC 69653 b

1        (2) at least 3 years of experience as a hearing
2    officer at the Human Rights Commission; or
3        (3) at least 4 years of professional experience
4    working for or dealing with individuals or corporations
5    affected by this Act or similar laws in other
6    jurisdictions, including, but not limited to, experience
7    with a civil rights advocacy group, a fair housing group,
8    a community organization, a trade association, a union, a
9    law firm, a legal aid organization, an employer's human
10    resources department, an employment discrimination
11    consulting firm, a community affairs organization, or a
12    municipal human relations agency.
13    The Governor's appointment message, filed with the
14Secretary of State and transmitted to the Senate, shall state
15specifically how the experience of a nominee for commissioner
16meets the requirement set forth in this subsection. The
17Chairperson must have public or private sector management and
18budget experience, as determined by the Governor.
19    Each commissioner shall devote full time to the
20commissioner's duties and any commissioner who is an attorney
21shall not engage in the practice of law, nor shall any
22commissioner hold any other office or position of profit under
23the United States or this State or any municipal corporation
24or political subdivision of this State, nor engage in any
25other business, employment, or vocation.
26    (H) (Blank).

 

 

HB5371 Engrossed- 43 -LRB103 39459 JRC 69653 b

1(Source: P.A. 102-1129, eff. 2-10-23; 103-326, eff. 1-1-24;
2revised 12-15-23.)
 
3    (775 ILCS 5/8-111)  (from Ch. 68, par. 8-111)
4    Sec. 8-111. Court Proceedings.
5    (A) Civil Actions Commenced in Circuit Court.
6        (1) Venue. Civil actions commenced in a circuit court
7    pursuant to Section 7A-102 or 8B-102 shall be commenced in
8    the circuit court in the county in which the civil rights
9    violation was allegedly committed.
10        (2) If a civil action is commenced in a circuit court,
11    the form of the complaint shall be in accordance with the
12    Code of Civil Procedure.
13        (3) Jury Trial. If a civil action is commenced in a
14    circuit court under Section 7A-102 or 8B-102, the
15    plaintiff or defendant may demand trial by jury.
16        (4) Remedies. Upon the finding of a civil rights
17    violation, the circuit court or jury may award any of the
18    remedies set forth in Section 8A-104 or 8B-104.
19    (B) Judicial Review.
20        (1) Any complainant or respondent may apply for and
21    obtain judicial review of a final order of the Commission
22    entered under this Act by filing a petition for review in
23    the Appellate Court within 35 days from the date that a
24    copy of the decision sought to be reviewed was served upon
25    the party affected by the decision. If a 3-member panel or

 

 

HB5371 Engrossed- 44 -LRB103 39459 JRC 69653 b

1    the full Commission finds that an interlocutory order
2    involves a question of law as to which there is
3    substantial ground for difference of opinion and that an
4    immediate appeal from the order may materially advance the
5    ultimate termination of the litigation, any party may
6    petition the Appellate Court for permission to appeal the
7    order. The procedure for obtaining the required Commission
8    findings and the permission of the Appellate Court shall
9    be governed by Supreme Court Rule 308, except the
10    references to the "trial court" shall be understood as
11    referring to the Commission.
12        (2) In any proceeding brought for judicial review, the
13    Commission's findings of fact shall be sustained unless
14    the court determines that such findings are contrary to
15    the manifest weight of the evidence.
16        (3) Venue. Proceedings for judicial review shall be
17    commenced in the appellate court for the district wherein
18    the civil rights violation which is the subject of the
19    Commission's order was allegedly committed.
20    (C) Judicial Enforcement.
21        (1) When the Commission, at the instance of the
22    Department or an aggrieved party, concludes that any
23    person has violated a valid order of the Commission issued
24    pursuant to this Act, and the violation and its effects
25    are not promptly corrected, the Commission, through a
26    panel of 3 members, shall order the Department to commence

 

 

HB5371 Engrossed- 45 -LRB103 39459 JRC 69653 b

1    an action in the name of the People of the State of
2    Illinois by complaint, alleging the violation, attaching a
3    copy of the order of the Commission and praying for the
4    issuance of an order directing such person, his or her or
5    its officers, agents, servants, successors and assigns to
6    comply with the order of the Commission.
7        (2) An aggrieved party may file a complaint for
8    enforcement of a valid order of the Commission directly in
9    Circuit Court.
10        (3) Upon the commencement of an action filed under
11    paragraphs (1) or (2) of this subsection, the court shall
12    have jurisdiction over the proceedings and power to grant
13    or refuse, in whole or in part, the relief sought or impose
14    such other remedy as the court may deem proper.
15        (4) The court may stay an order of the Commission in
16    accordance with the applicable Supreme Court rules,
17    pending disposition of the proceedings.
18        (5) The court may punish for any violation of its
19    order as in the case of civil contempt.
20        (6) Venue. Proceedings for judicial enforcement of a
21    Commission order shall be commenced in the circuit court
22    in the county wherein the civil rights violation which is
23    the subject of the Commission's order was committed.
24        (7) Enforcement of judicial order. An aggrieved party
25    may take action to collect on a judicial order issued by
26    the Circuit Court in an enforcement action initiated by

 

 

HB5371 Engrossed- 46 -LRB103 39459 JRC 69653 b

1    the State, regardless of whether or not the aggrieved
2    party intervened in an enforcement action.
3    (D) Limitation. Except as otherwise provided by law, no
4court of this state shall have jurisdiction over the subject
5of an alleged civil rights violation other than as set forth in
6this Act.
7    (E) This amendatory Act of 1996 applies to causes of
8action filed on or after January 1, 1996.
9    (F) The changes made to this Section by this amendatory
10Act of the 95th General Assembly apply to charges or
11complaints filed with the Department or the Commission on or
12after the effective date of those changes.
13(Source: P.A. 101-661, eff. 4-2-21; 102-706, eff. 4-22-22.)
 
14    (775 ILCS 5/8B-104)  (from Ch. 68, par. 8B-104)
15    Sec. 8B-104. Relief; penalties. Upon finding a civil
16rights violation, a hearing officer may recommend and the
17Commission or any three-member panel thereof may provide for
18any relief or penalty identified in this Section, separately
19or in combination, by entering an order directing the
20respondent to:
21        (A) Cease and Desist Order. Cease and desist from any
22    violation of this Act.
23        (B) Actual Damages. Pay actual damages, as reasonably
24    determined by the Commission, for injury or loss suffered
25    by the complainant.

 

 

HB5371 Engrossed- 47 -LRB103 39459 JRC 69653 b

1        (C) Civil Penalty. Pay a civil penalty per violation
2    to vindicate the public interest. In imposing a civil
3    penalty to vindicate the public interest, a separate
4    penalty may be imposed for each specific act constituting
5    a civil rights violation as defined in Section 1-103, and
6    for each aggrieved party injured by the civil rights
7    violation:
8            (i) in an amount not exceeding $16,000 if the
9        respondent has not been adjudged to have committed any
10        prior civil rights violation under Article 3;
11            (ii) in an amount not exceeding $42,500 if the
12        respondent has been adjudged to have committed one
13        other civil rights violation under Article 3 during
14        the 5-year period ending on the date of the filing of
15        this charge; and
16            (iii) in an amount not exceeding $70,000 if the
17        respondent has been adjudged to have committed 2 or
18        more civil rights violations under Article 3 during
19        the 7-year period ending on the date of the filing of
20        this charge; except that if the acts constituting the
21        civil rights violation that is the object of the
22        charge are committed by the same natural person who
23        has been previously adjudged to have committed acts
24        constituting a civil rights violation under Article 3,
25        then the civil penalties set forth in subparagraphs
26        (ii) and (iii) may be imposed without regard to the

 

 

HB5371 Engrossed- 48 -LRB103 39459 JRC 69653 b

1        period of time within which any subsequent civil
2        rights violation under Article 3 occurred.
3        (D) Attorney Fees; Costs. Pay to the complainant all
4    or a portion of the costs of maintaining the action,
5    including reasonable attorneys fees and expert witness
6    fees incurred in maintaining this action before the
7    Department, the Commission and in any judicial review and
8    judicial enforcement proceedings.
9        (E) Compliance Report. Report as to the manner of
10    compliance.
11        (F) Posting of Notices. Post notices in a conspicuous
12    place which the Commission may publish or cause to be
13    published setting forth requirements for compliance with
14    this Act or other relevant information which the
15    Commission determines necessary to explain this Act.
16        (G) Make Complainant Whole. Take such action as may be
17    necessary to make the individual complainant whole,
18    including, but not limited to, awards of interest on the
19    complainant's actual damages from the date of the civil
20    rights violation.
21(Source: P.A. 99-548, eff. 1-1-17.)
 
22    (775 ILCS 5/10-103)  (from Ch. 68, par. 10-103)
23    Sec. 10-103. Circuit court actions pursuant to election.
24    (A) If an election is made under Section 8B-102, the
25Department shall authorize and, not later than 30 days after

 

 

HB5371 Engrossed- 49 -LRB103 39459 JRC 69653 b

1the entry of the administrative closure order is entered by
2the Commission and served on the Department, the Attorney
3General shall commence and maintain a civil action on behalf
4of the aggrieved party in a circuit court of Illinois seeking
5relief under this Section. Venue for such civil action shall
6be determined under Section 8-111(A)(1).
7    (B) Any aggrieved party with respect to the issues to be
8determined in a civil action under this Section may intervene
9as of right in that civil action.
10    (C) In a civil action under this Section, if the court
11finds that a civil rights violation has occurred or is about to
12occur the court may grant as relief any relief which a court
13could grant with respect to such civil rights violation in a
14civil action under Section 10-102. Any relief so granted that
15would accrue to an aggrieved party in a civil action commenced
16by that aggrieved party under Section 10-102 shall also accrue
17to that aggrieved party in a civil action under this Section.
18If monetary relief is sought for the benefit of an aggrieved
19party who does not intervene in the civil action, the court
20shall not award such relief if that aggrieved party has not
21complied with discovery orders entered by the court.
22(Source: P.A. 101-530, eff. 1-1-20; 101-661, eff. 4-2-21.)
 
23    (775 ILCS 5/10-104)
24    Sec. 10-104. Circuit Court Actions by the Illinois
25Attorney General.

 

 

HB5371 Engrossed- 50 -LRB103 39459 JRC 69653 b

1    (A) Standing, venue, limitations on actions, preliminary
2investigations, notice, and Assurance of Voluntary Compliance.
3        (1) Whenever the Illinois Attorney General has
4    reasonable cause to believe that any person or group of
5    persons is engaged in a pattern and practice of
6    discrimination prohibited by this Act, the Illinois
7    Attorney General may commence a civil action in the name
8    of the People of the State, as parens patriae on behalf of
9    persons within the State to enforce the provisions of this
10    Act in any appropriate circuit court. Venue for this civil
11    action shall be determined under paragraph (1) of
12    subsection (A) of Section 8-111. Such actions shall be
13    commenced no later than 2 years after the occurrence or
14    the termination of an alleged civil rights violation or
15    the breach of a conciliation agreement or Assurance of
16    Voluntary Compliance entered into under this Act,
17    whichever occurs last, to obtain relief with respect to
18    the alleged civil rights violation or breach.
19        (2) Prior to initiating a civil action, the Attorney
20    General shall conduct a preliminary investigation to
21    determine whether there is reasonable cause to believe
22    that any person or group of persons is engaged in a pattern
23    and practice of discrimination declared unlawful by this
24    Act and whether the dispute can be resolved without
25    litigation. In conducting this investigation, the Attorney
26    General may:

 

 

HB5371 Engrossed- 51 -LRB103 39459 JRC 69653 b

1            (a) require the individual or entity to file a
2        statement or report in writing under oath or
3        otherwise, as to all information the Attorney General
4        may consider necessary;
5            (b) examine under oath any person alleged to have
6        participated in or with knowledge of the alleged
7        pattern and practice violation; or
8            (c) issue subpoenas or conduct hearings in aid of
9        any investigation.
10        (3) Service by the Attorney General of any notice
11    requiring a person to file a statement or report, or of a
12    subpoena upon any person, shall be made:
13            (a) personally by delivery of a duly executed copy
14        thereof to the person to be served or, if a person is
15        not a natural person, in the manner provided in the
16        Code of Civil Procedure when a complaint is filed; or
17            (b) by mailing by certified mail a duly executed
18        copy thereof to the person to be served at his or her
19        last known abode or principal place of business within
20        this State.
21        (4) In lieu of a civil action, the individual or
22    entity alleged to have engaged in a pattern or practice of
23    discrimination deemed violative of this Act may enter into
24    an Assurance of Voluntary Compliance with respect to the
25    alleged pattern or practice violation.
26        (5) The Illinois Attorney General may commence a civil

 

 

HB5371 Engrossed- 52 -LRB103 39459 JRC 69653 b

1    action under this subsection (A) whether or not a charge
2    has been filed under Sections 7A-102 or 7B-102 and without
3    regard to the status of any charge, however, if the
4    Department or local agency has obtained a conciliation or
5    settlement agreement or if the parties have entered into
6    an Assurance of Voluntary Compliance no action may be
7    filed under this subsection (A) with respect to the
8    alleged civil rights violation practice that forms the
9    basis for the complaint except for the purpose of
10    enforcing the terms of the conciliation or settlement
11    agreement or the terms of the Assurance of Voluntary
12    Compliance.
13        (6) Subpoenas.
14            (a) Petition for enforcement. Whenever any person
15        fails to comply with any subpoena issued under
16        paragraph (2) of this subsection (A), or whenever
17        satisfactory copying or reproduction of any material
18        requested in an investigation cannot be done and the
19        person refuses to surrender the material, the Attorney
20        General may file in any appropriate circuit court, and
21        serve upon the person, a petition for a court order for
22        the enforcement of the subpoena or other request.
23        Venue for this enforcement action shall be determined
24        under paragraph (E)(1) of Section 8-104.
25            (b) Petition to modify or set aside a subpoena.
26                (i) Any person who has received a subpoena

 

 

HB5371 Engrossed- 53 -LRB103 39459 JRC 69653 b

1            issued under paragraph (2) of this subsection (A)
2            may file in the appropriate circuit court, and
3            serve upon the Attorney General, a petition for a
4            court order to modify or set aside the subpoena or
5            other request. The petition must be filed either
6            (I) within 20 days after the date of service of the
7            subpoena or at any time before the return date
8            specified in the subpoena, whichever date is
9            earlier, or (II) within such longer period as may
10            be prescribed in writing by the Attorney General.
11                (ii) The petition shall specify each ground
12            upon which the petitioner relies in seeking relief
13            under subdivision (i) and may be based upon any
14            failure of the subpoena to comply with the
15            provisions of this Section or upon any
16            constitutional or other legal right or privilege
17            of the petitioner. During the pendency of the
18            petition in the court, the court may stay, as it
19            deems proper, the running of the time allowed for
20            compliance with the subpoena or other request, in
21            whole or in part, except that the petitioner shall
22            comply with any portion of the subpoena or other
23            request not sought to be modified or set aside.
24            (c) Jurisdiction. Whenever any petition is filed
25        in any circuit court under this paragraph (6), the
26        court shall have jurisdiction to hear and determine

 

 

HB5371 Engrossed- 54 -LRB103 39459 JRC 69653 b

1        the matter so presented and to enter such orders as may
2        be required to carry out the provisions of this
3        Section. Any final order so entered shall be subject
4        to appeal in the same manner as appeals of other final
5        orders in civil matters. Any disobedience of any final
6        order entered under this paragraph (6) by any court
7        shall be punished as a contempt of the court.
8    (B) Relief which may be granted.
9        (1) In any civil action brought pursuant to subsection
10    (A) of this Section, the Attorney General may obtain as a
11    remedy, equitable relief (including any permanent or
12    preliminary injunction, temporary restraining order, or
13    other order, including an order enjoining the defendant
14    from engaging in such civil rights violation or ordering
15    any action as may be appropriate). In addition, the
16    Attorney General may request and the Court may impose
17    restitution to any aggrieved party injured by the pattern
18    or practice of discrimination, to the extent not covered
19    by other sources, and a civil penalty per civil rights
20    violation to vindicate the public interest. In imposing a
21    civil penalty to vindicate the public interest, each
22    instance in which a provision of this Act is violated as
23    part of a pattern or practice of discrimination may be
24    considered to constitute a separate violation or
25    violations, as may each aggrieved party harmed:
26            (a) for violations of this Act Article 3 and

 

 

HB5371 Engrossed- 55 -LRB103 39459 JRC 69653 b

1        Article 4 in an amount not exceeding $50,000 $25,000
2        per violation, and in the case of violations of all
3        other Articles in an amount not exceeding $10,000 if
4        the defendant has not been adjudged to have committed
5        any prior civil rights violations under any the
6        provision of the Act that is the basis of the
7        complaint;
8            (b) for violations of this Act Article 3 and
9        Article 4 in an amount not exceeding $75,000 $50,000
10        per violation, and in the case of violations of all
11        other Articles in an amount not exceeding $25,000 if
12        the defendant has been adjudged to have committed one
13        other civil rights violation under any the provision
14        of the Act within 5 years of the occurrence of the
15        civil rights violation that is the basis of the
16        complaint; and
17            (c) for violations of this Act Article 3 and
18        Article 4 in an amount not exceeding $100,000 $75,000
19        per violation, and in the case of violations of all
20        other Articles in an amount not exceeding $50,000 if
21        the defendant has been adjudged to have committed 2 or
22        more civil rights violations under any the provision
23        of the Act within 5 years of the occurrence of the
24        civil rights violation that is the basis of the
25        complaint.
26        (2) A civil penalty imposed under subdivision (B)(1)

 

 

HB5371 Engrossed- 56 -LRB103 39459 JRC 69653 b

1    of this Section shall be deposited into the Attorney
2    General Court Ordered and Voluntary Compliance Payment
3    Projects Fund, which is a special fund in the State
4    Treasury. Moneys in the Fund shall be used, subject to
5    appropriation, for the performance of any function
6    pertaining to the exercise of the duties of the Attorney
7    General including but not limited to enforcement of any
8    law of this State and conducting public education
9    programs; however, any moneys in the Fund that are
10    required by the court or by an agreement to be used for a
11    particular purpose shall be used for that purpose.
12        (3) Aggrieved parties seeking actual damages must
13    follow the procedure set out in Sections 7A-102 or 7B-102
14    for filing a charge. An action brought by the Illinois
15    Attorney General pursuant to this Section is independent
16    of any other action, remedy, or procedure that may be
17    available to an aggrieved party under any other provision
18    of law, including, but not limited to, an action, remedy,
19    or procedure brought pursuant to the procedures set out in
20    Section 7A-102 or 7B-102.
21(Source: P.A. 101-661, eff. 4-2-21.)
 
22    (775 ILCS 5/8-113 rep.)
23    Section 10. The Illinois Human Rights Act is amended by
24repealing Section 8-113.
 

 

 

HB5371 Engrossed- 57 -LRB103 39459 JRC 69653 b

1    Section 95. No acceleration or delay. Where this Act makes
2changes in a statute that is represented in this Act by text
3that is not yet or no longer in effect (for example, a Section
4represented by multiple versions), the use of that text does
5not accelerate or delay the taking effect of (i) the changes
6made by this Act or (ii) provisions derived from any other
7Public Act.

 

 

HB5371 Engrossed- 58 -LRB103 39459 JRC 69653 b

1 INDEX
2 Statutes amended in order of appearance
3    775 ILCS 5/2-102from Ch. 68, par. 2-102
4    775 ILCS 5/3-101from Ch. 68, par. 3-101
5    775 ILCS 5/3-102from Ch. 68, par. 3-102
6    775 ILCS 5/8-101
7    775 ILCS 5/8-111from Ch. 68, par. 8-111
8    775 ILCS 5/8B-104from Ch. 68, par. 8B-104
9    775 ILCS 5/10-103from Ch. 68, par. 10-103
10    775 ILCS 5/10-104
11    775 ILCS 5/8-113 rep.