101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB4195
 
Introduced 1/22/2020, by Rep. Sam Yingling
 
SYNOPSIS AS INTRODUCED:
 

 
  
775 ILCS 5/8-106.1  from Ch. 68, par. 8-106.1

     Amends the Illinois Human Rights Act. Makes a technical change in a Section concerning summary decisions.
  


LRB101 17402 LNS 66807 b

 
 
A BILL FOR
 

  
HB4195LRB101 17402 LNS 66807 b


  
1    AN ACT concerning human rights.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  
 
4    Section 5. The Illinois Human Rights Act is amended by 
5changing Section 8-106.1 as follows:
 



6    (775 ILCS 5/8-106.1)  (from Ch. 68, par. 8-106.1)



7    Sec. 8-106.1. Summary Decision. 

8    (1) At any time after the the service of a
complaint and 
9prior to service of a decision pursuant to Section 8-106(I),

10complainant or respondent may move with or without supporting 
11affidavits
for a summary order in the moving party's favor as 
12to all or any part of
the relief sought.  A hearing officer may

13not preclude the filing of said motion except within the 60-day 
14period prior to
hearing on the merits of the complaint.

15    (2) Procedure. The non-moving party may file 
16counteraffidavits prior to
the time of the ruling on the 
17motion.  The hearing officer shall decide the
motion
without 
18delay and shall grant it if the pleadings and affidavits, if 
19any,
show that there is
no genuine issue as to any material 
20fact and that the moving party is
entitled to a recommended 
21order as a matter of law.  The term "without delay"
shall be 
22defined by rule promulgated by the Commission.  An interim 
23summary
recommended order, interlocutory in character, may be 
 
 
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1rendered on the issue
of liability alone although there is a 
2genuine issue as to the relief to be
awarded.

3    (3) Affidavits or Motions Made in Bad Faith.  If it appears 
4to the
satisfaction of
the hearing officer at any time that any 
5affidavit or motion presented pursuant
to
this Section is 
6presented in bad faith or solely for the purpose of delay,
the 
7hearing officer may recommend that the party employing the use 
8of
affidavits for dilatory purposes shall pay to the
other 
9party the amount of reasonable expenses incurred as a result of 
10the
filing of the affidavit or motion, including reasonable 
11attorney's fees.

12(Source: P.A. 89-370, eff. 8-18-95.)