99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB4562

 

Introduced , by Rep. Elizabeth Hernandez

 

SYNOPSIS AS INTRODUCED:
 
775 ILCS 5/8B-104  from Ch. 68, par. 8B-104

    Amends the Illinois Human Rights Act. Increases the amount of civil penalties for civil rights violations relating to real estate transactions as follows: (i) a maximum of $16,000 (instead of $10,000) if the respondent has not been adjudged to have committed any prior civil rights violation concerning real estate transactions; (ii) a maximum of $42,500 (instead of $25,000) if the respondent has been adjudged to have committed one other civil rights violation concerning real estate transactions during the 5-year period ending on the date of the filing of the current charge; and (iii) a maximum of $70,000 (instead of $50,000) if the respondent has been adjudged to have committed 2 or more civil rights violations concerning real estate transactions during the 7-year period ending on the date of the filing of the current charge.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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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 8B-104 as follows:
 
6    (775 ILCS 5/8B-104)  (from Ch. 68, par. 8B-104)
7    Sec. 8B-104. Relief; Penalties. Upon finding a civil rights
8violation, a hearing officer may recommend and the Commission
9or any three-member panel thereof may provide for any relief or
10penalty identified in this Section, separately or in
11combination, by entering an order directing the respondent to:
12    (A) Cease and Desist Order. Cease and desist from any
13violation of this Act.
14    (B) Actual Damages. Pay actual damages, as reasonably
15determined by the Commission, for injury or loss suffered by
16the complainant.
17    (C) Civil Penalty. Pay a civil penalty to vindicate the
18public interest:
19    (i) in an amount not exceeding $16,000 $10,000 if the
20respondent has not been adjudged to have committed any prior
21civil rights violation under Article 3;
22    (ii) in an amount not exceeding $42,500 $25,000 if the
23respondent has been adjudged to have committed one other civil

 

 

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1rights violation under Article 3 during the 5-year period
2ending on the date of the filing of this charge; and
3    (iii) in an amount not exceeding $70,000 $50,000 if the
4respondent has been adjudged to have committed 2 or more civil
5rights violations under Article 3 during the 7-year period
6ending on the date of the filing of this charge; except that if
7the acts constituting the civil rights violation that is the
8object of the charge are committed by the same natural person
9who has been previously adjudged to have committed acts
10constituting a civil rights violation under Article 3, then the
11civil penalties set forth in subparagraphs (ii) and (iii) may
12be imposed without regard to the period of time within which
13any subsequent civil rights violation under Article 3 occurred.
14    (D) Attorney Fees; Costs. Pay to the complainant all or a
15portion of the costs of maintaining the action, including
16reasonable attorneys fees and expert witness fees incurred in
17maintaining this action before the Department, the Commission
18and in any judicial review and judicial enforcement
19proceedings.
20    (E) Compliance Report. Report as to the manner of
21compliance.
22    (F) Posting of Notices. Post notices in a conspicuous place
23which the Commission may publish or cause to be published
24setting forth requirements for compliance with this Act or
25other relevant information which the Commission determines
26necessary to explain this Act.

 

 

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1    (G) Make Complainant Whole. Take such action as may be
2necessary to make the individual complainant whole, including,
3but not limited to, awards of interest on the complainant's
4actual damages from the date of the civil rights violation.
5(Source: P.A. 86-910.)