Bill Text: IL SB1065 | 2009-2010 | 96th General Assembly | Introduced

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Bill Title: Amends the Illinois Civil Rights Act of 2003. Makes a technical change in a Section concerning the prohibition of discrimination by units of State, county, or local government.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2009-08-15 - Pursuant to Senate Rule 3-9(b) / Referred to Assignments [SB1065 Detail]

Download: Illinois-2009-SB1065-Introduced.html

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96TH GENERAL ASSEMBLY State of Illinois 2009 and 2010 SB1065 Introduced 2/6/2009, by Sen. John J. Cullerton SYNOPSIS AS INTRODUCED:
740 ILCS 23/5
Amends the Illinois Civil Rights Act of 2003. Makes a technical change in a Section concerning the prohibition of discrimination by units of State, county, or local government.
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A BILL FOR
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AN ACT concerning civil law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Civil Rights Act of 2003 is amended
by changing Section 5 as follows:
(740 ILCS 23/5)
Sec. 5. Discrimination prohibited.
(a) No unit of State, county, or local government in
Illinois shall:
(1) exclude a person from participation in, deny a
person the the benefits of, or subject a person to
discrimination under any program or activity on the grounds
of that person's race, color, national origin, or gender;
or
(2) utilize criteria or methods of administration that
have the effect of subjecting individuals to
discrimination because of their race, color, national
origin, or gender.
(b) Any party aggrieved by conduct that violates subsection
(a) may bring a civil lawsuit, in a federal district court or
State circuit court, against the offending unit of government.
Any State claim brought in federal district court shall be a
supplemental claim to a federal claim. This lawsuit must be

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brought not later than 2 years after the violation of
subsection (a). If the court finds that a violation of
paragraph (1) or (2) of subsection (a) has occurred, the court
may award to the plaintiff actual damages. The court, as it
deems appropriate, may grant as relief any permanent or
preliminary negative or mandatory injunction, temporary
restraining order, or other order.
(c) Upon motion, a court shall award reasonable attorneys'
fees and costs, including expert witness fees and other
litigation expenses, to a plaintiff who is a prevailing party
in any action brought:
(1) pursuant to subsection (b); or
(2) to enforce a right arising under the Illinois
Constitution.
In awarding reasonable attorneys' fees, the court shall
consider the degree to which the relief obtained relates to the
relief sought.
(d) For the purpose of this Act, the term "prevailing
party" includes any party:
(1) who obtains some of his or her requested relief
through a judicial judgment in his or her favor;
(2) who obtains some of his or her requested relief
through any settlement agreement approved by the court; or
(3) whose pursuit of a non-frivolous claim was a
catalyst for a unilateral change in position by the
opposing party relative to the relief sought.

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(Source: P.A. 95-541, eff. 1-1-08.)