SB2878sam001 93RD GENERAL ASSEMBLY

Sen. Martin A. Sandoval

Filed: 2/24/2004

09300SB2878sam001 LRB093 16195 WGH 47920 a

AMENDMENT TO SENATE BILL 2878

AMENDMENT NO. ______. Amend Senate Bill 2878 by replacing everything after the enacting clause with the following:

"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, and Limitations on Actions.

(1) The Illinois Attorney General may commence a civil action in the name of the People of the State of Illinois as parens patriae on behalf of persons within this State to enforce the provisions of this Act in any appropriate circuit court. Venue for the civil action shall be determined under Section 8-111(B)(6). The action 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 entered into under this Act, whichever occurs last, to obtain relief with respect to the alleged civil rights violation or breach.

(2) The computation of the 2-year period shall not include any time during which an administrative proceeding under this Act was pending with respect to a complaint or charge under this Act based upon the alleged civil rights violation. This paragraph (2) does not apply to actions arising from a breach of a conciliation or settlement agreement.

(3) 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 such charge; however, if the Department or local agency has obtained a conciliation or settlement agreement with the consent of an aggrieved party, no action may be filed under this subsection (A) by that aggrieved party with respect to the alleged civil rights violation practice which forms the basis for the complaint, except for the purpose of enforcing the terms of that conciliation or settlement agreement.

(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 the civil rights violation or ordering such action as may be appropriate) and actual and punitive damages for the aggrieved party to the extent the aggrieved party is entitled to those damages under this Act. 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 which 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 which is the basis of the complaint; or

(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 which is the basis of the complaint.

(2) The court shall require that damages or other monetary relief awarded for injuries sustained by persons other than the State be paid to those persons to the extent they are identifiable and there is a practicable method for making the payment. The court shall direct that damages which cannot practicably be paid to injured individuals shall be paid to the State on such terms and conditions as in its discretion it determines will best serve the purposes of the Act.

(3) In any action in which monetary relief may be awarded for injuries sustained by a person other than the State, the court shall exclude from the amount of monetary relief awarded any amount of monetary relief: (a) which duplicates amounts that have been awarded for the same injury or (b) which is allocable to persons who have excluded their claims pursuant to this Section.

(4) A civil penalty imposed under paragraph (B)(1) or any damages directed by the court to be paid to the State under paragraph (B)(2) shall be deposited into the Attorney General Court Ordered and Voluntary Compliance Payment Projects Fund created under Section 7 of the Consumer Fraud and Deceptive Business Practices Act and shall be used as set forth in that Section.

(C) Notice and Election. In any action brought pursuant to this Section where the court deems it necessary, the Illinois Attorney General shall, at such times, in such manner, and with such content as the court may direct, cause notice to be given by publication or by other means determined by the court to accord notice to aggrieved parties who may be bound by the court's judgment in the Illinois Attorney General's action. Any aggrieved party who alleges that he or she has been subjected to the unlawful practices described in the Illinois Attorney General's complaint may elect to exclude his or her claim from adjudication in such time and in such manner as the court in the notice directs.

(D) Intervention by the Illinois Attorney General. The Illinois Attorney General may intervene as parens patriae on behalf of persons within the State in civil actions brought by aggrieved individuals pursuant to this Act. Upon such intervention, the court may award relief that is authorized to be granted under subsection (B) of this Section.

(E) Attorney's Fees. In any action under subsection (A) of this Section, the amount of the Illinois Attorney General's attorney's fee shall be determined by the court.

Section 99. Effective date. This Act takes effect upon becoming law.".