Public Act 103-0326
 
HB2829 EnrolledLRB103 27781 LNS 54159 b


  
    AN ACT concerning human rights.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. The Illinois Human Rights Act is amended  by 
changing Sections 8-101 and 8-102 as follows:
 


    (775 ILCS 5/8-101)  (from Ch. 68, par. 8-101)




    Sec. 8-101. Illinois Human Rights Commission.

    (A) Creation; appointments.  The Human Rights Commission is 
created to consist
of 7 members appointed by the Governor with 
the advice and consent of the
Senate.  No more than 4 members 
shall be of the same political party.  The
Governor shall 
designate one member as chairperson.  All appointments shall
be 
in writing and filed with the Secretary of State as a public 
record.

    (B) Terms.  Of the members first appointed, 4 shall be 
appointed for a
term to expire on the third Monday of January, 
2021, and 3 (including the
Chairperson) shall be appointed for 
a term to expire on the third Monday
of January, 2023.  

    Notwithstanding any provision of this Section to the 
contrary, the term
of office of each member of the Illinois 
Human Rights Commission is
abolished on January 19, 2019. 
Incumbent members holding a position on the Commission that 
was created by Public Act 84-115 and whose terms, if not for 
this amendatory Act of the 100th General Assembly, would have 
expired January 18, 2021 shall continue to exercise all of the 
powers and be
subject to all of the duties of members of the 
Commission until June 30, 2019 or until
their respective 
successors are appointed and qualified, whichever is earlier.

    Thereafter, each member shall serve for a term of 4 years

and until the member's his or her successor is appointed and 
qualified; except that any
member chosen to fill a vacancy 
occurring otherwise than by expiration of
a term shall be 
appointed only for the unexpired term of the member whom the 
member
he or she shall succeed and until the member's his or 
her successor is appointed and
qualified.

    (C) Vacancies.  
        (1)  In the case of vacancies on the Commission during

    a recess of the Senate, the Governor shall make a 
    temporary appointment
until the next meeting of the Senate 
    when the Governor he or she shall appoint a person
to fill 
    the vacancy.  Any person so nominated and confirmed by the 
    Senate
shall hold office for the remainder of the term and 
    until the person's his or her successor
is appointed and 
    qualified.

        (2) If the Senate is not in session at the time this 
    Act takes effect,
the Governor shall make temporary 
    appointments to the Commission as in the
case of 
    vacancies.

        (3) Vacancies in the Commission shall not impair the 
    right of the remaining
members to exercise all the powers 
    of the Commission.  Except when authorized
by this Act to 
    proceed through a 3 member panel, a majority of the 
    members
of the Commission then in office shall constitute 
    a quorum.

    (D) Compensation. On and after January 19, 2019, the 
Chairperson of the Commission shall be compensated
at the rate 
of $125,000 per year, or as set by the Compensation Review

Board, whichever is greater, during the Chairperson's his or 
her service as Chairperson,
and each other member shall be 
compensated at the rate of $119,000 per
year, or as set by the 
Compensation Review Board, whichever is greater.
In addition, 
all members of the Commission shall be reimbursed for expenses

actually and necessarily incurred by them
in the performance 
of their duties.

    (E) Notwithstanding the general supervisory authority of 
the Chairperson, each commissioner, unless appointed to the 
special temporary panel created under subsection (H), has the 
authority to hire and supervise a staff attorney. The staff 
attorney shall report directly to the individual commissioner.
    (F) A formal training program for newly appointed 
commissioners shall be implemented. The training program shall 
include the following:
        (1) substantive and procedural aspects of the office 
    of commissioner;
        (2) current issues in employment and housing 
    discrimination and public accommodation law and practice;
        (3) orientation to each operational unit of the
Human 
    Rights Commission;
        (4) observation of experienced hearing officers and 
    commissioners conducting hearings of cases, combined with 
    the opportunity to discuss evidence presented and rulings 
    made;
        (5) the use of hypothetical cases requiring the
newly 
    appointed commissioner to issue judgments as a means of 
    evaluating knowledge and writing ability;
        (6) writing skills; and
        (7) professional and ethical standards.
    A formal and ongoing professional development program 
including, but not limited to, the above-noted areas shall be 
implemented to keep commissioners informed of recent 
developments and issues and to assist them in maintaining and 
enhancing their professional competence. Each commissioner 
shall complete 20 hours of training in the above-noted areas 
during every 2 years the commissioner remains in office.
    (G) Commissioners must meet one of the following 
qualifications:
        (1) licensed to practice law in the State of Illinois;
        (2) at least 3 years of experience as a hearing 
    officer at the Human Rights Commission; or
        (3) at least 4 years of professional experience 
    working for or dealing with individuals or corporations 
    affected by this Act or similar laws in other 
    jurisdictions, including, but not limited to, experience 
    with a civil rights advocacy group, a fair housing group, 
    a trade association, a union, a law firm, a legal aid 
    organization, an employer's human resources department, an 
    employment discrimination consulting firm, or a municipal 
    human relations agency.
    The Governor's appointment message, filed with the 
Secretary of State and transmitted to the Senate, shall state 
specifically how the experience of a nominee for commissioner 
meets the requirement set forth in this subsection. The 
Chairperson must have public or private sector management and 
budget experience, as determined by the Governor.
    Each commissioner shall devote full time to the 
commissioner's his or her duties and any commissioner who is 
an attorney shall not engage in the practice of law, nor shall 
any commissioner hold any other office or position of profit 
under the United States or this State or any municipal 
corporation or political subdivision of this State, nor engage 
in any other business, employment, or vocation.
    (H) (Blank). Notwithstanding any other provision of this 
Act, the Governor shall appoint, by and with the consent of the 
Senate, a special temporary panel of commissioners comprised 
of 3 members. The members shall hold office until the 
Commission, in consultation with the Governor, determines that 
the caseload of requests for review has been reduced 
sufficiently to allow cases to proceed in a timely manner, or 
for a term of 18 months from the date of appointment by the 
Governor, whichever is earlier. Each of the 3 members shall 
have only such rights and powers of a commissioner necessary 
to dispose of the cases assigned to the special panel. Each of 
the 3 members appointed to the special panel shall receive the 
same salary as other commissioners for the duration of the 
panel. The panel shall have the authority to hire and 
supervise a staff attorney who shall report to the panel of 
commissioners. 
(Source: P.A. 100-1066, eff. 8-24-18; 101-530, eff. 1-1-20.)

 



    (775 ILCS 5/8-102)  (from Ch. 68, par. 8-102)



    Sec. 8-102. Powers and duties. In addition to the other 
powers
and duties prescribed in this Act, the Commission shall 
have the following
powers and duties:

        (A) Meetings.  To meet and function at any place within 
    the State.

        (B) Offices.  To establish and maintain offices in 
    Springfield and Chicago.

        (C) Employees.  To select and fix the compensation of 
    such technical
advisors and employees as it may deem 
    necessary pursuant to the provisions
of the Personnel 
    Code.

        (D) Hearing Officers.  To select and fix the 
    compensation of hearing
officers who shall be attorneys 
    duly licensed to practice law in this State
and full-time 
    employees of the Commission.

        A formal and unbiased training program for hearing 
    officers shall be
implemented. The training program shall 
    include the following:

            (1) substantive and procedural aspects of the 
        hearing officer position;

            (2) current issues in human rights law and 
        practice;

            (3) lectures by specialists in substantive areas 
        related to human rights matters;

            (4) orientation to each operational unit of the 
        Department and Commission;

            (5) observation of experienced hearing officers 
        conducting hearings of
cases, combined with the 
        opportunity to discuss evidence presented and rulings

        made;

            (6) the use of hypothetical cases requiring the 
        hearing officer to
issue judgments as a means to 
        evaluating knowledge and writing ability;

            (7) writing skills;

            (8) computer skills, including, but not limited 
        to, word processing and
document management.

        A formal, unbiased and ongoing professional 
    development program
including, but not limited to, the 
    above-noted areas shall be implemented
to keep hearing 
    officers informed of recent developments and issues and to

    assist them in maintaining and enhancing their 
    professional competence.

        (E) Rules and Regulations.  To adopt, promulgate, 
    amend, and rescind rules
and regulations not inconsistent 
    with the provisions of this Act pursuant
to the Illinois 
    Administrative Procedure Act.

        (F) Compulsory Process.  To issue and authorize 
    requests for enforcement
of subpoenas and other compulsory 
    process established by this Act.

        (G) Decisions.  Through a panel of 3 members designated 
    by the
Chairperson on a random basis, to hear and decide by 
    majority vote complaints filed in conformity with this Act 
    and to approve
proposed settlements. Decisions by 
    commissioners must be based strictly on neutral 
    interpretations of the law and the facts. 

        (H) Rehearings.  To order, by a vote of 3 members, 
    rehearing of its
decisions by the entire Commission in 
    conformity with this Act.

        (I) Judicial Enforcement.  To authorize requests for 
    judicial enforcement
of its orders in conformity with this 
    Act.

        (J) Opinions.  To publish each decision within 180 days 
    of the decision to assure a
consistent source of 
    precedent. Published decisions shall be subject to the 
    Personal Information Protection Act. 

        (K) Public Grants; Private Gifts.  To accept public 
    grants and private
gifts as may be authorized.

        (L) Interpreters.  To appoint at the expense of the 
    Commission a qualified
sign language interpreter whenever 
    a hearing impaired individual or an individual who lacks 
    proficiency in the English language person is a party or

    witness in proceedings before the Commission at a public 
    hearing.

        (M) Automated Processing Plan.  To prepare an 
    electronic data processing
and telecommunications plan 
    jointly with the Department in accordance with
Section 
    7-112.

    The provisions of Public Act 89-370 amending subsection 
(G)
of this Section apply to causes of action filed on or after 
January 1, 1996.

(Source: P.A. 100-1066, eff. 8-24-18; 101-81, eff. 7-12-19.)