Public Act 093-1017
 
SB2878 Enrolled LRB093 16195 WGH 41828 b

    AN ACT concerning human rights.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Human Rights Act is amended by
changing Section 10-101 and by adding Section 10-104 as
follows:
 
    (775 ILCS 5/10-101)  (from Ch. 68, par. 10-101)
    Sec. 10-101. Applicability. With the exception of Section
10-104, this This Article shall apply solely to civil actions
arising under Article 3 of this Act.
(Source: P.A. 86-910.)
 
    (775 ILCS 5/10-104 new)
    Sec. 10-104. Circuit Court Actions by the Illinois Attorney
General.
    (A) Standing, venue, limitations on actions, preliminary
investigations, notice, and Assurance of Voluntary Compliance.
        (1) Whenever the Illinois Attorney General has
    reasonable cause to believe that any person or group of
    persons is engaged in a pattern and practice of
    discrimination prohibited by this Act, the Illinois
    Attorney General may commence a civil action in the name of
    the People of the State, as parens patriae on behalf of
    persons within the State to enforce the provisions of this
    Act in any appropriate circuit court. Venue for this civil
    action shall be determined under Section 8-111(B)(6). Such
    actions shall be commenced no later than 2 years after the
    occurrence or the termination of an alleged civil rights
    violation or the breach of a conciliation agreement or
    Assurance of Voluntary Compliance entered into under this
    Act, whichever occurs last, to obtain relief with respect
    to the alleged civil rights violation or breach.
        (2) Prior to initiating a civil action, the Attorney
    General shall conduct a preliminary investigation to
    determine whether there is reasonable cause to believe that
    any person or group of persons is engaged in a pattern and
    practice of discrimination declared unlawful by this Act
    and whether the dispute can be resolved without litigation.
    In conducting this investigation, the Attorney General
    may:
            (a) require the individual or entity to file a
        statement or report in writing under oath or otherwise,
        as to all information the Attorney General may consider
        necessary;
            (b) examine under oath any person alleged to have
        participated in or with knowledge of the alleged
        pattern and practice violation; or
            (c) issue subpoenas or conduct hearings in aid of
        any investigation.
        (3) Service by the Attorney General of any notice
    requiring a person to file a statement or report, or of a
    subpoena upon any person, shall be made:
            (a) personally by delivery of a duly executed copy
        thereof to the person to be served or, if a person is
        not a natural person, in the manner provided in the
        Code of Civil Procedure when a complaint is filed; or
            (b) by mailing by certified mail a duly executed
        copy thereof to the person to be served at his or her
        last known abode or principal place of business within
        this State.
        (4) In lieu of a civil action, the individual or entity
    alleged to have engaged in a pattern or practice of
    discrimination deemed violative of this Act may enter into
    an Assurance of Voluntary Compliance with respect to the
    alleged pattern or practice violation.
        (5) The Illinois Attorney General may commence a civil
    action under this subsection (A) whether or not a charge
    has been filed under Sections 7A-102 or 7B-102 and without
    regard to the status of any charge, however, if the
    Department or local agency has obtained a conciliation or
    settlement agreement or if the parties have entered into an
    Assurance of Voluntary Compliance no action may be filed
    under this subsection (A) with respect to the alleged civil
    rights violation practice that forms the basis for the
    complaint except for the purpose of enforcing the terms of
    the conciliation or settlement agreement or the terms of
    the Assurance of Voluntary Compliance.
        (6) If any person fails or refuses to file any
    statement or report, or obey any subpoena, issued pursuant
    to subdivision (A)(2) of this Section, the Attorney General
    will be deemed to have met the requirement of conducting a
    preliminary investigation and may proceed to initiate a
    civil action pursuant to subdivision (A)(1) of this
    Section.
    (B) Relief which may be granted.
        (1) In any civil action brought pursuant to subsection
    (A) of this Section, the Attorney General may obtain as a
    remedy, equitable relief (including any permanent or
    preliminary injunction, temporary restraining order, or
    other order, including an order enjoining the defendant
    from engaging in such civil rights violation or ordering
    any action as may be appropriate). In addition, the
    Attorney General may request and the Court may impose a
    civil penalty to vindicate the public interest:
            (a) in an amount not exceeding $10,000 if the
        defendant has not been adjudged to have committed any
        prior civil rights violations under the provision of
        the Act that is the basis of the complaint;
            (b) in an amount not exceeding $25,000 if the
        defendant has been adjudged to have committed one other
        civil rights violation under the provision of the Act
        within 5 years of the occurrence of the civil rights
        violation that is the basis of the complaint; and
            (c) in an amount not exceeding $50,000 if the
        defendant has been adjudged to have committed 2 or more
        civil rights violations under the provision of the Act
        within 5 years of the occurrence of the civil rights
        violation that is the basis of the complaint.
        (2) A civil penalty imposed under subdivision (B)(1) of
    this Section shall be deposited into the Attorney General
    Court Ordered and Voluntary Compliance Payment Projects
    Fund, which is a special fund in the State Treasury. Moneys
    in the Fund shall be used, subject to appropriation, for
    the performance of any function pertaining to the exercise
    of the duties of the Attorney General including but not
    limited to enforcement of any law of this State and
    conducting public education programs; however, any moneys
    in the Fund that are required by the court or by an
    agreement to be used for a particular purpose shall be used
    for that purpose.
        (3) Aggrieved parties seeking actual damages must
    follow the procedure set out in Sections 7A-102 or 7B-102
    for filing a charge.
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/24/2004