Illinois human rights act filed motion compel

Public Act 0326 103RD GENERAL ASSEMBLY

 Public Act 103-0326  
HB2829 Enrolled
LRB103 27781 LNS 54159 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 Sections 8-101 and 8-102 as follows:  (775 ILCS 5/8-101) (from Ch. 68, par. 8-101)  Sec. 8-101. Illinois Human Rights Commission.  (A) Creation; appointments. The Human Rights Commission is created to consist of 7 members appointed by the Governor with the advice and consent of the Senate. No more than 4 members shall be of the same political party. The Governor shall designate one member as chairperson. All appointments shall be in writing and filed with the Secretary of State as a public record.  (B) Terms. Of the members first appointed, 4 shall be appointed for a term to expire on the third Monday of January, 2021, and 3 (including the Chairperson) shall be appointed for a term to expire on the third Monday of January, 2023.  Notwithstanding any provision of this Section to the contrary, the term of office of each member of the Illinois Human Rights Commission is abolished on January 19, 2019. Incumbent members holding a position on the Commission that was created by Public Act 84-115 and whose terms, if not for  
this amendatory Act of the 100th General Assembly, would have 
expired January 18, 2021 shall continue to exercise all of the 
powers and be subject to all of the duties of members of the 
Commission until June 30, 2019 or until their respective 
successors are appointed and qualified, whichever is earlier. 
 
Thereafter, each member shall serve for a term of 4 years 
and until the member's his or her successor is appointed and 
qualified; except that any member chosen to fill a vacancy 
occurring otherwise than by expiration of a term shall be 
appointed only for the unexpired term of the member whom the 
member he or she shall succeed and until the member's his or 
her successor is appointed and qualified. 
 
(C) Vacancies. 
 
(1) In the case of vacancies on the Commission during 
 
a recess of the Senate, the Governor shall make a 
 
temporary appointment until the next meeting of the Senate 
 
when the Governor he or she shall appoint a person to fill 
 
the vacancy. Any person so nominated and confirmed by the 
 
Senate shall hold office for the remainder of the term and 
 
until the person's his or her successor is appointed and 
 
qualified. 
 
(2) If the Senate is not in session at the time this 
 
Act takes effect, the Governor shall make temporary 
 
appointments to the Commission as in the case of 
 
vacancies. 
 
(3) Vacancies in the Commission shall not impair the 
 
 
right of the remaining members to exercise all the powers 
 
of the Commission. Except when authorized by this Act to 
 
proceed through a 3 member panel, a majority of the 
 
members of the Commission then in office shall constitute 
 
a quorum. 
 
(D) Compensation. On and after January 19, 2019, the 
Chairperson of the Commission shall be compensated at the rate 
of $125,000 per year, or as set by the Compensation Review 
Board, whichever is greater, during the Chairperson's his or 
her service as Chairperson, and each other member shall be 
compensated at the rate of $119,000 per year, or as set by the 
Compensation Review Board, whichever is greater. In addition, 
all members of the Commission shall be reimbursed for expenses 
actually and necessarily incurred by them in the performance 
of their duties. 
 
(E) Notwithstanding the general supervisory authority of 
the Chairperson, each commissioner, unless appointed to the 
special temporary panel created under subsection (H), has the 
authority to hire and supervise a staff attorney. The staff 
attorney shall report directly to the individual commissioner.
 
(F) A formal training program for newly appointed 
commissioners shall be implemented. The training program shall 
include the following:
 
(1) substantive and procedural aspects of the office 
 
of commissioner;
 
(2) current issues in employment and housing 
 
 
discrimination and public accommodation law and practice;
 
(3) orientation to each operational unit of the Human 
 
Rights Commission;
 
(4) observation of experienced hearing officers and 
 
commissioners conducting hearings of cases, combined with 
 
the opportunity to discuss evidence presented and rulings 
 
made;
 
(5) the use of hypothetical cases requiring the newly 
 
appointed commissioner to issue judgments as a means of 
 
evaluating knowledge and writing ability;
 
(6) writing skills; and
 
(7) professional and ethical standards.
 
A formal and ongoing professional development program 
including, but not limited to, the above-noted areas shall be 
implemented to keep commissioners informed of recent 
developments and issues and to assist them in maintaining and 
enhancing their professional competence. Each commissioner 
shall complete 20 hours of training in the above-noted areas 
during every 2 years the commissioner remains in office.
 
(G) Commissioners must meet one of the following 
qualifications:
 
(1) licensed to practice law in the State of Illinois;
 
(2) at least 3 years of experience as a hearing 
 
officer at the Human Rights Commission; or
 
(3) at least 4 years of professional experience 
 
working for or dealing with individuals or corporations 
 
 
affected by this Act or similar laws in other 
 
jurisdictions, including, but not limited to, experience 
 
with a civil rights advocacy group, a fair housing group, 
 
a trade association, a union, a law firm, a legal aid 
 
organization, an employer's human resources department, an 
 
employment discrimination consulting firm, or a municipal 
 
human relations agency.
 
The Governor's appointment message, filed with the 
Secretary of State and transmitted to the Senate, shall state 
specifically how the experience of a nominee for commissioner 
meets the requirement set forth in this subsection. The 
Chairperson must have public or private sector management and 
budget experience, as determined by the Governor.
 
Each commissioner shall devote full time to the 
commissioner's his or her duties and any commissioner who is 
an attorney shall not engage in the practice of law, nor shall 
any commissioner hold any other office or position of profit 
under the United States or this State or any municipal 
corporation or political subdivision of this State, nor engage 
in any other business, employment, or vocation.
 
(H) (Blank). Notwithstanding any other provision of this 
Act, the Governor shall appoint, by and with the consent of the 
Senate, a special temporary panel of commissioners comprised 
of 3 members. The members shall hold office until the 
Commission, in consultation with the Governor, determines that 
the caseload of requests for review has been reduced 
 
sufficiently to allow cases to proceed in a timely manner, or 
for a term of 18 months from the date of appointment by the 
Governor, whichever is earlier. Each of the 3 members shall 
have only such rights and powers of a commissioner necessary 
to dispose of the cases assigned to the special panel. Each of 
the 3 members appointed to the special panel shall receive the 
same salary as other commissioners for the duration of the 
panel. The panel shall have the authority to hire and 
supervise a staff attorney who shall report to the panel of 
commissioners. 
(Source: P.A. 100-1066, eff. 8-24-18; 101-530, eff. 1-1-20.) 
 
(775 ILCS 5/8-102) (from Ch. 68, par. 8-102) 
 
Sec. 8-102. Powers and duties. In addition to the other 
powers and duties prescribed in this Act, the Commission shall 
have the following powers and duties: 
 
(A) Meetings. To meet and function at any place within 
 
the State. 
 
(B) Offices. To establish and maintain offices in 
 
Springfield and Chicago. 
 
(C) Employees. To select and fix the compensation of 
 
such technical advisors and employees as it may deem 
 
necessary pursuant to the provisions of the Personnel 
 
Code. 
 
(D) Hearing Officers. To select and fix the 
 
compensation of hearing officers who shall be attorneys 
 
 
duly licensed to practice law in this State and full-time 
 
employees of the Commission. 
 
A formal and unbiased training program for hearing 
 
officers shall be implemented. The training program shall 
 
include the following: 
 
(1) substantive and procedural aspects of the 
 
hearing officer position; 
 
(2) current issues in human rights law and 
 
practice; 
 
(3) lectures by specialists in substantive areas 
 
related to human rights matters; 
 
(4) orientation to each operational unit of the 
 
Department and Commission; 
 
(5) observation of experienced hearing officers 
 
conducting hearings of cases, combined with the 
 
opportunity to discuss evidence presented and rulings 
 
made; 
 
(6) the use of hypothetical cases requiring the 
 
hearing officer to issue judgments as a means to 
 
evaluating knowledge and writing ability; 
 
(7) writing skills; 
 
(8) computer skills, including, but not limited 
 
to, word processing and document management. 
 
A formal, unbiased and ongoing professional 
 
development program including, but not limited to, the 
 
above-noted areas shall be implemented to keep hearing 
 
 
officers informed of recent developments and issues and to 
 
assist them in maintaining and enhancing their 
 
professional competence. 
 
(E) Rules and Regulations. To adopt, promulgate, 
 
amend, and rescind rules and regulations not inconsistent 
 
with the provisions of this Act pursuant to the Illinois 
 
Administrative Procedure Act. 
 
(F) Compulsory Process. To issue and authorize 
 
requests for enforcement of subpoenas and other compulsory 
 
process established by this Act. 
 
(G) Decisions. Through a panel of 3 members designated 
 
by the Chairperson on a random basis, to hear and decide by 
 
majority vote complaints filed in conformity with this Act 
 
and to approve proposed settlements. Decisions by 
 
commissioners must be based strictly on neutral 
 
interpretations of the law and the facts. 
 
(H) Rehearings. To order, by a vote of 3 members, 
 
rehearing of its decisions by the entire Commission in 
 
conformity with this Act. 
 
(I) Judicial Enforcement. To authorize requests for 
 
judicial enforcement of its orders in conformity with this 
 
Act. 
 
(J) Opinions. To publish each decision within 180 days 
 
of the decision to assure a consistent source of 
 
precedent. Published decisions shall be subject to the 
 
Personal Information Protection Act. 
 
 
(K) Public Grants; Private Gifts. To accept public 
 
grants and private gifts as may be authorized. 
 
(L) Interpreters. To appoint at the expense of the 
 
Commission a qualified sign language interpreter whenever 
 
a hearing impaired individual or an individual who lacks 
 
proficiency in the English language person is a party or 
 
witness in proceedings before the Commission at a public 
 
hearing. 
 
(M) Automated Processing Plan. To prepare an 
 
electronic data processing and telecommunications plan 
 
jointly with the Department in accordance with Section 
 
7-112. 
 
The provisions of Public Act 89-370 amending subsection 
(G) of this Section apply to causes of action filed on or after 
January 1, 1996. 
(Source: P.A. 100-1066, eff. 8-24-18; 101-81, eff. 7-12-19.)