Illinois General Assembly - Full Text of HB2829
Illinois General Assembly

  Bills & Resolutions  
  Compiled Statutes  
  Public Acts  
  Legislative Reports  
  IL Constitution  
  Legislative Guide  
  Legislative Glossary  

 Search By Number
 (example: HB0001)
Search Tips

Search By Keyword

Full Text of HB2829  103rd General Assembly




HB2829 EnrolledLRB103 27781 LNS 54159 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 Sections 8-101 and 8-102 as follows:
6    (775 ILCS 5/8-101)  (from Ch. 68, par. 8-101)
7    Sec. 8-101. Illinois Human Rights Commission.
8    (A) Creation; appointments. The Human Rights Commission is
9created to consist of 7 members appointed by the Governor with
10the advice and consent of the Senate. No more than 4 members
11shall be of the same political party. The Governor shall
12designate one member as chairperson. All appointments shall be
13in writing and filed with the Secretary of State as a public
15    (B) Terms. Of the members first appointed, 4 shall be
16appointed for a term to expire on the third Monday of January,
172021, and 3 (including the Chairperson) shall be appointed for
18a term to expire on the third Monday of January, 2023.
19    Notwithstanding any provision of this Section to the
20contrary, the term of office of each member of the Illinois
21Human Rights Commission is abolished on January 19, 2019.
22Incumbent members holding a position on the Commission that
23was created by Public Act 84-115 and whose terms, if not for



HB2829 Enrolled- 2 -LRB103 27781 LNS 54159 b

1this amendatory Act of the 100th General Assembly, would have
2expired January 18, 2021 shall continue to exercise all of the
3powers and be subject to all of the duties of members of the
4Commission until June 30, 2019 or until their respective
5successors are appointed and qualified, whichever is earlier.
6    Thereafter, each member shall serve for a term of 4 years
7and until the member's his or her successor is appointed and
8qualified; except that any member chosen to fill a vacancy
9occurring otherwise than by expiration of a term shall be
10appointed only for the unexpired term of the member whom the
11member he or she shall succeed and until the member's his or
12her successor is appointed and qualified.
13    (C) Vacancies.
14        (1) In the case of vacancies on the Commission during
15    a recess of the Senate, the Governor shall make a
16    temporary appointment until the next meeting of the Senate
17    when the Governor he or she shall appoint a person to fill
18    the vacancy. Any person so nominated and confirmed by the
19    Senate shall hold office for the remainder of the term and
20    until the person's his or her successor is appointed and
21    qualified.
22        (2) If the Senate is not in session at the time this
23    Act takes effect, the Governor shall make temporary
24    appointments to the Commission as in the case of
25    vacancies.
26        (3) Vacancies in the Commission shall not impair the



HB2829 Enrolled- 3 -LRB103 27781 LNS 54159 b

1    right of the remaining members to exercise all the powers
2    of the Commission. Except when authorized by this Act to
3    proceed through a 3 member panel, a majority of the
4    members of the Commission then in office shall constitute
5    a quorum.
6    (D) Compensation. On and after January 19, 2019, the
7Chairperson of the Commission shall be compensated at the rate
8of $125,000 per year, or as set by the Compensation Review
9Board, whichever is greater, during the Chairperson's his or
10her service as Chairperson, and each other member shall be
11compensated at the rate of $119,000 per year, or as set by the
12Compensation Review Board, whichever is greater. In addition,
13all members of the Commission shall be reimbursed for expenses
14actually and necessarily incurred by them in the performance
15of their duties.
16    (E) Notwithstanding the general supervisory authority of
17the Chairperson, each commissioner, unless appointed to the
18special temporary panel created under subsection (H), has the
19authority to hire and supervise a staff attorney. The staff
20attorney shall report directly to the individual commissioner.
21    (F) A formal training program for newly appointed
22commissioners shall be implemented. The training program shall
23include the following:
24        (1) substantive and procedural aspects of the office
25    of commissioner;
26        (2) current issues in employment and housing



HB2829 Enrolled- 4 -LRB103 27781 LNS 54159 b

1    discrimination and public accommodation law and practice;
2        (3) orientation to each operational unit of the Human
3    Rights Commission;
4        (4) observation of experienced hearing officers and
5    commissioners conducting hearings of cases, combined with
6    the opportunity to discuss evidence presented and rulings
7    made;
8        (5) the use of hypothetical cases requiring the newly
9    appointed commissioner to issue judgments as a means of
10    evaluating knowledge and writing ability;
11        (6) writing skills; and
12        (7) professional and ethical standards.
13    A formal and ongoing professional development program
14including, but not limited to, the above-noted areas shall be
15implemented to keep commissioners informed of recent
16developments and issues and to assist them in maintaining and
17enhancing their professional competence. Each commissioner
18shall complete 20 hours of training in the above-noted areas
19during every 2 years the commissioner remains in office.
20    (G) Commissioners must meet one of the following
22        (1) licensed to practice law in the State of Illinois;
23        (2) at least 3 years of experience as a hearing
24    officer at the Human Rights Commission; or
25        (3) at least 4 years of professional experience
26    working for or dealing with individuals or corporations



HB2829 Enrolled- 5 -LRB103 27781 LNS 54159 b

1    affected by this Act or similar laws in other
2    jurisdictions, including, but not limited to, experience
3    with a civil rights advocacy group, a fair housing group,
4    a trade association, a union, a law firm, a legal aid
5    organization, an employer's human resources department, an
6    employment discrimination consulting firm, or a municipal
7    human relations agency.
8    The Governor's appointment message, filed with the
9Secretary of State and transmitted to the Senate, shall state
10specifically how the experience of a nominee for commissioner
11meets the requirement set forth in this subsection. The
12Chairperson must have public or private sector management and
13budget experience, as determined by the Governor.
14    Each commissioner shall devote full time to the
15commissioner's his or her duties and any commissioner who is
16an attorney shall not engage in the practice of law, nor shall
17any commissioner hold any other office or position of profit
18under the United States or this State or any municipal
19corporation or political subdivision of this State, nor engage
20in any other business, employment, or vocation.
21    (H) (Blank). Notwithstanding any other provision of this
22Act, the Governor shall appoint, by and with the consent of the
23Senate, a special temporary panel of commissioners comprised
24of 3 members. The members shall hold office until the
25Commission, in consultation with the Governor, determines that
26the caseload of requests for review has been reduced



HB2829 Enrolled- 6 -LRB103 27781 LNS 54159 b

1sufficiently to allow cases to proceed in a timely manner, or
2for a term of 18 months from the date of appointment by the
3Governor, whichever is earlier. Each of the 3 members shall
4have only such rights and powers of a commissioner necessary
5to dispose of the cases assigned to the special panel. Each of
6the 3 members appointed to the special panel shall receive the
7same salary as other commissioners for the duration of the
8panel. The panel shall have the authority to hire and
9supervise a staff attorney who shall report to the panel of
11(Source: P.A. 100-1066, eff. 8-24-18; 101-530, eff. 1-1-20.)
12    (775 ILCS 5/8-102)  (from Ch. 68, par. 8-102)
13    Sec. 8-102. Powers and duties. In addition to the other
14powers and duties prescribed in this Act, the Commission shall
15have the following powers and duties:
16        (A) Meetings. To meet and function at any place within
17    the State.
18        (B) Offices. To establish and maintain offices in
19    Springfield and Chicago.
20        (C) Employees. To select and fix the compensation of
21    such technical advisors and employees as it may deem
22    necessary pursuant to the provisions of the Personnel
23    Code.
24        (D) Hearing Officers. To select and fix the
25    compensation of hearing officers who shall be attorneys



HB2829 Enrolled- 7 -LRB103 27781 LNS 54159 b

1    duly licensed to practice law in this State and full-time
2    employees of the Commission.
3        A formal and unbiased training program for hearing
4    officers shall be implemented. The training program shall
5    include the following:
6            (1) substantive and procedural aspects of the
7        hearing officer position;
8            (2) current issues in human rights law and
9        practice;
10            (3) lectures by specialists in substantive areas
11        related to human rights matters;
12            (4) orientation to each operational unit of the
13        Department and Commission;
14            (5) observation of experienced hearing officers
15        conducting hearings of cases, combined with the
16        opportunity to discuss evidence presented and rulings
17        made;
18            (6) the use of hypothetical cases requiring the
19        hearing officer to issue judgments as a means to
20        evaluating knowledge and writing ability;
21            (7) writing skills;
22            (8) computer skills, including, but not limited
23        to, word processing and document management.
24        A formal, unbiased and ongoing professional
25    development program including, but not limited to, the
26    above-noted areas shall be implemented to keep hearing



HB2829 Enrolled- 8 -LRB103 27781 LNS 54159 b

1    officers informed of recent developments and issues and to
2    assist them in maintaining and enhancing their
3    professional competence.
4        (E) Rules and Regulations. To adopt, promulgate,
5    amend, and rescind rules and regulations not inconsistent
6    with the provisions of this Act pursuant to the Illinois
7    Administrative Procedure Act.
8        (F) Compulsory Process. To issue and authorize
9    requests for enforcement of subpoenas and other compulsory
10    process established by this Act.
11        (G) Decisions. Through a panel of 3 members designated
12    by the Chairperson on a random basis, to hear and decide by
13    majority vote complaints filed in conformity with this Act
14    and to approve proposed settlements. Decisions by
15    commissioners must be based strictly on neutral
16    interpretations of the law and the facts.
17        (H) Rehearings. To order, by a vote of 3 members,
18    rehearing of its decisions by the entire Commission in
19    conformity with this Act.
20        (I) Judicial Enforcement. To authorize requests for
21    judicial enforcement of its orders in conformity with this
22    Act.
23        (J) Opinions. To publish each decision within 180 days
24    of the decision to assure a consistent source of
25    precedent. Published decisions shall be subject to the
26    Personal Information Protection Act.



HB2829 Enrolled- 9 -LRB103 27781 LNS 54159 b

1        (K) Public Grants; Private Gifts. To accept public
2    grants and private gifts as may be authorized.
3        (L) Interpreters. To appoint at the expense of the
4    Commission a qualified sign language interpreter whenever
5    a hearing impaired individual or an individual who lacks
6    proficiency in the English language person is a party or
7    witness in proceedings before the Commission at a public
8    hearing.
9        (M) Automated Processing Plan. To prepare an
10    electronic data processing and telecommunications plan
11    jointly with the Department in accordance with Section
12    7-112.
13    The provisions of Public Act 89-370 amending subsection
14(G) of this Section apply to causes of action filed on or after
15January 1, 1996.
16(Source: P.A. 100-1066, eff. 8-24-18; 101-81, eff. 7-12-19.)