Bill Status of HB 3135   103rd General Assembly


Short Description:  HUMAN RIGHTS-DEPT PROCEDURES

House Sponsors
Rep. Ann M. Williams-Hoan Huynh-Jeff Keicher and Will Guzzardi

Senate Sponsors
(Sen. Laura Fine)


Last Action  View All Actions

DateChamber Action
  7/28/2023HousePublic Act . . . . . . . . . 103-0335

Statutes Amended In Order of Appearance
775 ILCS 5/7A-102from Ch. 68, par. 7A-102

Synopsis As Introduced
Amends the Illinois Human Rights Act. Requires, in various situations, a complainant to notify the Department of Human Rights that a complaint has been filed by serving a copy of the complaint on the chief legal counsel of the Department on the same date that the complaint is filed in circuit court. Requires a complainant who chooses to file a complaint with the Human Rights Commission without the Department's assistance to notify the Department that a complaint has been filed by serving a copy of the complaint on the chief legal counsel of the Department on the same date that the complaint is filed with the Commission. Makes conforming changes.

House Floor Amendment No. 2
Adds reference to:
775 ILCS 5/7-101from Ch. 68, par. 7-101
775 ILCS 5/7A-104from Ch. 68, par. 7A-104
775 ILCS 5/7B-104from Ch. 68, par. 7B-104
775 ILCS 5/8-103from Ch. 68, par. 8-103
775 ILCS 5/8A-102from Ch. 68, par. 8A-102
775 ILCS 5/10-101from Ch. 68, par. 10-101
775 ILCS 5/10-102from Ch. 68, par. 10-102
775 ILCS 5/10-105 new

Replaces everything after the enacting clause. Amends the Illinois Human Rights Act. Provides that after filing a complaint under the Employment Article, Financial Credit Article, Public Accommodations Article, Elementary, Secondary, and Higher Education Article, or Additional Civil Rights Violations Article, the Department of Human Rights may petition and shall be permitted to intervene as a party in the proceeding if the Human Rights Commission determines that: the Department has an interest different from one or more of the parties; the expertise of the Department makes it better suited to articulate a particular point of view; or the representation of the Department's interest by existing parties is or may be inadequate and the Department will or may be bound by an order or judgment in the action. Provides that if the Department certifies that the case is of general public importance, the Attorney General may seek to intervene on behalf of the Department in a civil action filed by a complainant in State or federal court. Requires, in various situations, a complainant to notify the Department that a complaint has been filed by serving a copy of the complaint on the chief legal counsel of the Department within 21 days from the date that the complaint is filed in circuit court. Requires a complainant who chooses to file a complaint with the Commission without the Department's assistance to notify the Department that a complaint has been filed by serving a copy of the complaint on the chief legal counsel of the Department within 21 days from the date that the complaint is filed with the Commission. Provides that a petition for temporary relief shall contain a certification by the Director of the Department that the particular matter warrants temporary relief (rather than that the matter presents exceptional circumstances in which irreparable injury will result from a civil rights violation in the absence of temporary relief). Provides that the filing of a petition for temporary relief does not affect the initiation or continuation of other specified administrative proceedings. Removes language providing that when a petition for temporary relief is based upon a civil rights violation, the relief or restraining order shall not exceed 5 days. Provides that proceedings on requests for review shall toll the time limitation from the date on which the Department's notice of dismissal or default is issued until 30 days after (rather than issued to) the date on which the Human Rights Commission's order is served on the chief legal counsel of the Department (rather than when the order is entered). Makes other changes.

Senate Committee Amendment No. 1
Replaces everything after the enacting clause with the provisions of the engrossed bill, and makes the following changes: In a provision regarding opting out of a Department of Human Rights investigation, requires a complainant to notify the Department (rather than the Department and the respondent) that a complaint has been filed with the appropriate circuit court (rather than with the appropriate circuit court or other appropriate court of competent jurisdiction) by serving (rather than mail) a copy of the complaint on the chief legal counsel of the Department (rather than the Department and the respondent) within 21 days from the date (rather than on the same date) that the complaint is filed with the appropriate circuit court. Provides that the 21-day period for service on the chief legal counsel shall not be construed to be jurisdictional.

Actions 
DateChamber Action
  2/16/2023HouseFiled with the Clerk by Rep. Ann M. Williams
  2/17/2023HouseFirst Reading
  2/17/2023HouseReferred to Rules Committee
  2/24/2023HouseAdded Co-Sponsor Rep. Will Guzzardi
  2/28/2023HouseAssigned to Immigration & Human Rights Committee
  3/1/2023HouseHouse Committee Amendment No. 1 Filed with Clerk by Rep. Ann M. Williams
  3/1/2023HouseHouse Committee Amendment No. 1 Referred to Rules Committee
  3/1/2023HouseAdded Chief Co-Sponsor Rep. Hoan Huynh
  3/8/2023HouseDo Pass / Short Debate Immigration & Human Rights Committee; 012-000-000
  3/8/2023HouseHouse Committee Amendment No. 1 Tabled
  3/9/2023HousePlaced on Calendar 2nd Reading - Short Debate
  3/16/2023HouseHouse Floor Amendment No. 2 Filed with Clerk by Rep. Ann M. Williams
  3/16/2023HouseHouse Floor Amendment No. 2 Referred to Rules Committee
  3/20/2023HouseHouse Floor Amendment No. 2 Rules Refers to Immigration & Human Rights Committee
  3/22/2023HouseHouse Floor Amendment No. 2 Recommends Be Adopted Immigration & Human Rights Committee; 010-000-000
  3/22/2023HouseSecond Reading - Short Debate
  3/22/2023HouseHouse Floor Amendment No. 2 Adopted
  3/22/2023HousePlaced on Calendar Order of 3rd Reading - Short Debate
  3/23/2023HouseAdded Chief Co-Sponsor Rep. Jeff Keicher
  3/23/2023HouseThird Reading - Short Debate - Passed 108-000-000
  3/27/2023SenateArrive in Senate
  3/27/2023SenatePlaced on Calendar Order of First Reading March 28, 2023
  3/27/2023SenateChief Senate Sponsor Sen. Laura Fine
  3/27/2023SenateFirst Reading
  3/27/2023SenateReferred to Assignments
  4/12/2023SenateAssigned to Human Rights
  4/17/2023SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Laura Fine
  4/17/2023SenateSenate Committee Amendment No. 1 Referred to Assignments
  4/25/2023SenateSenate Committee Amendment No. 1 Assignments Refers to Human Rights
  4/27/2023SenateSenate Committee Amendment No. 1 Adopted; Human Rights
  4/27/2023SenateDo Pass as Amended Human Rights; 007-000-000
  4/27/2023SenatePlaced on Calendar Order of 2nd Reading May 2, 2023
  5/3/2023SenateSecond Reading
  5/3/2023SenatePlaced on Calendar Order of 3rd Reading May 4, 2023
  5/4/2023SenateThird Reading - Passed; 056-000-000
  5/8/2023HouseArrived in House
  5/8/2023HousePlaced on Calendar Order of Concurrence Senate Amendment(s) 1
  5/9/2023HouseSenate Committee Amendment No. 1 Motion Filed Concur Rep. Ann M. Williams
  5/9/2023HouseSenate Committee Amendment No. 1 Motion to Concur Referred to Rules Committee
  5/15/2023HouseSenate Committee Amendment No. 1 Motion to Concur Recommends Be Adopted Rules Committee; 005-000-000
  5/18/2023HouseSenate Committee Amendment No. 1 House Concurs 114-000-000
  5/18/2023HouseHouse Concurs
  5/18/2023HousePassed Both Houses
  6/16/2023HouseSent to the Governor
  7/28/2023HouseGovernor Approved
  7/28/2023HouseEffective Date January 1, 2024
  7/28/2023HousePublic Act . . . . . . . . . 103-0335

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