Rep. Arthur L. Turner

Filed: 5/12/2004

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 2878

2     AMENDMENT NO. ______. Amend Senate Bill 2878, AS AMENDED,
3 by replacing everything after the enacting clause with the
4 following:
 
5     "Section 5. The Illinois Human Rights Act is amended by
6 changing Section 10-101 and by adding Section 10-104 as
7 follows:
 
8     (775 ILCS 5/10-101)  (from Ch. 68, par. 10-101)
9     Sec. 10-101. Applicability. With the exception of Section
10 10-104, this This Article shall apply solely to civil actions
11 arising under Article 3 of this Act.
12 (Source: P.A. 86-910.)
 
13     (775 ILCS 5/10-104 new)
14     Sec. 10-104. Circuit Court Actions by the Illinois Attorney
15 General.
16     (A) Standing, venue, limitations on actions, preliminary
17 investigations, notice, and Assurance of Voluntary Compliance.
18         (1) Whenever the Illinois Attorney General has
19     reasonable cause to believe that any person or group of
20     persons is engaged in a pattern and practice of
21     discrimination prohibited by this Act, the Illinois
22     Attorney General may commence a civil action in the name of
23     the People of the State, as parents patriae on behalf of

 

 

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1     persons within the State to enforce the provisions of this
2     Act in any appropriate circuit court. Venue for this civil
3     action shall be determined under Section 8-111(B)(6). Such
4     actions shall be commenced no later than 2 years after the
5     occurrence or the termination of an alleged civil rights
6     violation or the breach of a conciliation agreement or
7     Assurance of Voluntary Compliance entered into under this
8     Act, whichever occurs last, to obtain relief with respect
9     to the alleged civil rights violation or breach.
10         (2) Prior to initiating a civil action, the Attorney
11     General shall conduct a preliminary investigation to
12     determine whether there is reasonable cause to believe that
13     any person or group of persons is engaged in a pattern and
14     practice of discrimination declared unlawful by this Act
15     and whether the dispute can be resolved without litigation.
16     In conducting this investigation, the Attorney General
17     may:
18             (a) require the individual or entity to file a
19         statement or report in writing under oath or otherwise,
20         as to all information the Attorney General may consider
21         necessary;
22             (b) examine under oath any person alleged to have
23         participated in or with knowledge of the alleged
24         pattern and practice violation; or
25             (c) issue subpoenas or conduct hearings in aid of
26         any investigation.
27         (3) Service by the Attorney General of any notice
28     requiring a person to file a statement or report, or of a
29     subpoena upon any person, shall be made:
30             (a) personally by delivery of a duly executed copy
31         thereof to the person to be served or, if a person is
32         not a natural person, in the manner provided in the
33         Code of Civil Procedure when a complaint is filed; or
34             (b) by mailing by certified mail a duly executed

 

 

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1         copy thereof to the person to be served at his or her
2         last known abode or principal place of business within
3         this State.
4         (4) In lieu of a civil action, the individual or entity
5     alleged to have engaged in a pattern or practice of
6     discrimination deemed violative of this Act may enter into
7     an Assurance of Voluntary Compliance with respect to the
8     alleged pattern or practice violation.
9         (5) The Illinois Attorney General may commence a civil
10     action under this subsection (A) whether or not a charge
11     has been filed under Sections 7A-102 or 7B-102 and without
12     regard to the status of any charge, however, if the
13     Department or local agency has obtained a conciliation or
14     settlement agreement or if the parties have entered into an
15     Assurance of Voluntary Compliance no action may be filed
16     under this subsection (A) with respect to the alleged civil
17     rights violation practice that forms the basis for the
18     complaint except for the purpose of enforcing the terms of
19     the conciliation or settlement agreement or the terms of
20     the Assurance of Voluntary Compliance.
21         (6) If any person fails or refuses to file any
22     statement or report, or obey any subpoena, issued pursuant
23     to subdivision (A)(2) of this Section, the Attorney General
24     will be deemed to have met the requirement of conducting a
25     preliminary investigation and may proceed to initiate a
26     civil action pursuant to subdivision (A)(1) of this
27     Section.
28     (B) Relief which may be granted.
29         (1) In any civil action brought pursuant to subsection
30     (A) of this Section, the Attorney General may obtain as a
31     remedy, equitable relief (including any permanent or
32     preliminary injunction, temporary restraining order, or
33     other order, including an order enjoining the defendant
34     from engaging in such civil rights violation or ordering

 

 

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1     any action as may be appropriate). In addition, the
2     Attorney General may request and the Court may impose a
3     civil penalty to vindicate the public interest:
4             (a) in an amount not exceeding $10,000 if the
5         defendant has not been adjudged to have committed any
6         prior civil rights violations under the provision of
7         the Act that is the basis of the complaint;
8             (b) in an amount not exceeding $25,000 if the
9         defendant has been adjudged to have committed one other
10         civil rights violation under the provision of the Act
11         within 5 years of the occurrence of the civil rights
12         violation that is the basis of the complaint: and
13             (c) in an amount not exceeding $50,000 if the
14         defendant has been adjudged to have committed 2 or more
15         civil rights violations under the provision of the Act
16         within 5 years of the occurrence of the civil rights
17         violation that is the basis of the complaint.
18         (2) A civil penalty imposed under subdivision (B)(1) of
19     this Section shall be deposited into the Attorney General
20     Court Ordered and Voluntary Compliance Payment Projects
21     Fund, which is a special fund in the State Treasury. Moneys
22     in the Fund shall be used, subject to appropriation, for
23     the performance of any function pertaining to the exercise
24     of the duties of the Attorney General including but not
25     limited to enforcement of any law of this State and
26     conducting public education programs; however, any moneys
27     in the Fund that are required by the court or by an
28     agreement to be used for a particular purpose shall be used
29     for that purpose.
30         (3) Aggrieved parties seeking actual damages must
31     follow the procedure set out in Sections 7A-102 or 7B-102
32     for filing a charge.
 
33     Section 99. Effective date. This Act takes effect upon

 

 

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1 becoming law.".