Full Text of SB1879 95th General Assembly
SB1879sam001 95TH GENERAL ASSEMBLY
|
Sen. Jacqueline Y. Collins
Filed: 3/12/2008
|
|
09500SB1879sam001 |
|
LRB095 15221 MJR 48269 a |
|
| 1 |
| AMENDMENT TO SENATE BILL 1879
| 2 |
| AMENDMENT NO. ______. Amend Senate Bill 1879 by replacing | 3 |
| everything after the enacting clause with the following:
| 4 |
| "Section 5. The Illinois Human Rights Act is amended by | 5 |
| changing Section 10-104 as follows: | 6 |
| (775 ILCS 5/10-104) | 7 |
| Sec. 10-104. Circuit Court Actions by the Illinois Attorney | 8 |
| General. | 9 |
| (A) Standing, venue, limitations on actions, preliminary | 10 |
| investigations, notice, and Assurance of Voluntary Compliance. | 11 |
| (1) Whenever the Illinois Attorney General has | 12 |
| reasonable cause to believe that any person or group of | 13 |
| persons is engaged in a pattern and practice of | 14 |
| discrimination prohibited by this Act, the Illinois | 15 |
| Attorney General may commence a civil action in the name of | 16 |
| the People of the State, as parens patriae on behalf of |
|
|
|
09500SB1879sam001 |
- 2 - |
LRB095 15221 MJR 48269 a |
|
| 1 |
| persons within the State to enforce the provisions of this | 2 |
| Act in any appropriate circuit court. Venue for this civil | 3 |
| action shall be determined under Section 8-111(B)(6). Such | 4 |
| actions shall be commenced no later than 2 years after the | 5 |
| occurrence or the termination of an alleged civil rights | 6 |
| violation or the breach of a conciliation agreement or | 7 |
| Assurance of Voluntary Compliance entered into under this | 8 |
| Act, whichever occurs last, to obtain relief with respect | 9 |
| to the alleged civil rights violation or breach. | 10 |
| (2) Prior to initiating a civil action, the Attorney | 11 |
| General shall conduct a preliminary investigation to | 12 |
| determine whether there is reasonable cause to believe that | 13 |
| any person or group of persons is engaged in a pattern and | 14 |
| practice of discrimination declared unlawful by this Act | 15 |
| and whether the dispute can be resolved without litigation. | 16 |
| In conducting this investigation, the Attorney General | 17 |
| may: | 18 |
| (a) require the individual or entity to file a | 19 |
| statement or report in writing under oath or otherwise, | 20 |
| as to all information the Attorney General may consider | 21 |
| necessary; | 22 |
| (b) examine under oath any person alleged to have | 23 |
| participated in or with knowledge of the alleged | 24 |
| pattern and practice violation; or | 25 |
| (c) issue subpoenas or conduct hearings in aid of | 26 |
| any investigation. |
|
|
|
09500SB1879sam001 |
- 3 - |
LRB095 15221 MJR 48269 a |
|
| 1 |
| (3) Service by the Attorney General of any notice | 2 |
| requiring a person to file a statement or report, or of a | 3 |
| subpoena upon any person, shall be made: | 4 |
| (a) personally by delivery of a duly executed copy | 5 |
| thereof to the person to be served or, if a person is | 6 |
| not a natural person, in the manner provided in the | 7 |
| Code of Civil Procedure when a complaint is filed; or | 8 |
| (b) by mailing by certified mail a duly executed | 9 |
| copy thereof to the person to be served at his or her | 10 |
| last known abode or principal place of business within | 11 |
| this State. | 12 |
| (4) In lieu of a civil action, the individual or entity | 13 |
| alleged to have engaged in a pattern or practice of | 14 |
| discrimination deemed violative of this Act may enter into | 15 |
| an Assurance of Voluntary Compliance with respect to the | 16 |
| alleged pattern or practice violation. | 17 |
| (5) The Illinois Attorney General may commence a civil | 18 |
| action under this subsection (A) whether or not a charge | 19 |
| has been filed under Sections 7A-102 or 7B-102 and without | 20 |
| regard to the status of any charge, however, if the | 21 |
| Department or local agency has obtained a conciliation or | 22 |
| settlement agreement or if the parties have entered into an | 23 |
| Assurance of Voluntary Compliance no action may be filed | 24 |
| under this subsection (A) with respect to the alleged civil | 25 |
| rights violation practice that forms the basis for the | 26 |
| complaint except for the purpose of enforcing the terms of |
|
|
|
09500SB1879sam001 |
- 4 - |
LRB095 15221 MJR 48269 a |
|
| 1 |
| the conciliation or settlement agreement or the terms of | 2 |
| the Assurance of Voluntary Compliance. | 3 |
| (6) If any person fails or refuses to file any | 4 |
| statement or report, or obey any subpoena, issued pursuant | 5 |
| to subdivision (A)(2) of this Section, the Attorney General | 6 |
| will be deemed to have met the requirement of conducting a | 7 |
| preliminary investigation and may proceed to initiate a | 8 |
| civil action pursuant to subdivision (A)(1) of this | 9 |
| Section. | 10 |
| (B) Relief which may be granted. | 11 |
| (1) In any civil action brought pursuant to subsection | 12 |
| (A) of this Section, the Attorney General may obtain as a | 13 |
| remedy, equitable relief (including any permanent or | 14 |
| preliminary injunction, temporary restraining order, or | 15 |
| other order, including an order enjoining the defendant | 16 |
| from engaging in such civil rights violation or ordering | 17 |
| any action as may be appropriate). In addition, the | 18 |
| Attorney General may request and the Court may impose a | 19 |
| civil penalty to vindicate the public interest: | 20 |
| (a) for violations of Article 3 and Article 4 in an | 21 |
| amount not exceeding $25,000 per violation, and in the | 22 |
| case of all other violations in an amount not exceeding | 23 |
| $10,000 if the defendant has not been adjudged to have | 24 |
| committed any prior civil rights violations under the | 25 |
| provision of the Act that is the basis of the | 26 |
| complaint; |
|
|
|
09500SB1879sam001 |
- 5 - |
LRB095 15221 MJR 48269 a |
|
| 1 |
| (b) for violations of Article 3 and Article 4 in an | 2 |
| amount not exceeding $50,000 per violation, and in the | 3 |
| case of all other violations in an amount not exceeding | 4 |
| $25,000 if the defendant has been adjudged to have | 5 |
| committed one other civil rights violation under the | 6 |
| provision of the Act within 5 years of the occurrence | 7 |
| of the civil rights violation that is the basis of the | 8 |
| complaint; and | 9 |
| (c) for violations of Article 3 and Article 4 in an | 10 |
| amount not exceeding $75,000 per violation, and in the | 11 |
| case of all other violations in an amount not exceeding | 12 |
| $50,000 if the defendant has been adjudged to have | 13 |
| committed 2 or more civil rights violations under the | 14 |
| provision of the Act within 5 years of the occurrence | 15 |
| of the civil rights violation that is the basis of the | 16 |
| complaint. | 17 |
| (2) A civil penalty imposed under subdivision (B)(1) of | 18 |
| this Section shall be deposited into the Attorney General | 19 |
| Court Ordered and Voluntary Compliance Payment Projects | 20 |
| Fund, which is a special fund in the State Treasury. Moneys | 21 |
| in the Fund shall be used, subject to appropriation, for | 22 |
| the performance of any function pertaining to the exercise | 23 |
| of the duties of the Attorney General including but not | 24 |
| limited to enforcement of any law of this State and | 25 |
| conducting public education programs; however, any moneys | 26 |
| in the Fund that are required by the court or by an |
|
|
|
09500SB1879sam001 |
- 6 - |
LRB095 15221 MJR 48269 a |
|
| 1 |
| agreement to be used for a particular purpose shall be used | 2 |
| for that purpose. | 3 |
| (3) Aggrieved parties seeking actual damages must | 4 |
| follow the procedure set out in Sections 7A-102 or 7B-102 | 5 |
| for filing a charge.
| 6 |
| (Source: P.A. 93-1017, eff. 8-24-04.) | 7 |
| Section 10. The Illinois Fairness in Lending Act is amended | 8 |
| by changing Section 3 as follows:
| 9 |
| (815 ILCS 120/3) (from Ch. 17, par. 853)
| 10 |
| Sec. 3. No financial institution, in connection with or in | 11 |
| contemplation
of any loan to any person, may:
| 12 |
| (a) Deny or vary the terms of a loan on the basis that a | 13 |
| specific parcel
of real estate offered as security is located | 14 |
| in a specific geographical area.
| 15 |
| (b) Deny or vary the terms of a loan without having | 16 |
| considered all of
the regular and dependable income of each | 17 |
| person who would be liable for
repayment of the loan.
| 18 |
| (c) Deny or vary the terms of a loan on the sole basis of | 19 |
| the childbearing
capacity of an applicant or an applicant's | 20 |
| spouse.
| 21 |
| (c-5) Deny or vary the terms of a loan on the basis of the | 22 |
| borrower's race, gender, disability, or national origin. | 23 |
| (d) Utilize lending standards that have no economic basis | 24 |
| and which are
discriminatory in effect.
|
|
|
|
09500SB1879sam001 |
- 7 - |
LRB095 15221 MJR 48269 a |
|
| 1 |
| (e) Engage in equity stripping or loan flipping.
| 2 |
| (Source: P.A. 93-561, eff. 1-1-04.)
| 3 |
| Section 99. Effective date. This Act takes effect upon | 4 |
| becoming law.".
|
|