775 ILCS 5/9-103: Transfer of the Commission.
Where this section sits in the code
- CHAPTER 775 HUMAN RIGHTS
- Illinois Human Rights Act.
(a) The Commission retains all the rights, powers, duties, and responsibilities vested in the Commission by law, including the power to select hearing officers, except that all finance, accounting, human resources, labor relations, communications, purchasing, procurement, administrative functions or other resources necessary to the operation of the Commission shall be vested in and shall be exercised by the Department in support of the Commission. The Commission and the Department shall retain independent capacity to sue and be sued.
(b) The personnel of the Commission responsible for the administrative functions listed in subsection (a) are transferred to the Department. The status and rights of personnel of the Commission under the Personnel Code are not affected by the transfer. The rights of the employees and the State of Illinois and its agencies under the Personnel Code, the Illinois Public Labor Relations Act, and applicable collective bargaining agreements or under any pension, retirement, or annuity plan are not affected by this amendatory Act of the 104th General Assembly. The Commission shall at all times operate with dedicated personnel and employees qualified to execute the day-to-day powers, duties, and responsibilities vested in the Commission by law.
(c) All books, records, papers, documents, property (real and personal), contracts, causes of action, and pending business pertaining to the rights, powers, duties, and responsibilities transferred by this amendatory Act of the 104th General Assembly from the Commission to the Department, including, but not limited to, material in electronic or magnetic format and necessary computer hardware and software, are transferred to the Department.
(d) Any rules that relate to the rights, powers, duties, and responsibilities of the Commission and are in force on the effective date of the changes made to this Section by this Section shall continue in effect until amended or repealed. This amendatory Act of the 104th General Assembly does not affect the legality of any such rules.
(e) This amendatory Act of the 104th General Assembly does not affect any act done, ratified, or canceled, any right occurring or established, or any action or proceeding had or commenced in an administrative, civil, or criminal cause by the Commission before the effective date of this Section. Those actions or proceedings shall be continued, in accordance with this amendatory Act of the 104th General Assembly, by the Commission.
(f) The appropriation for the Commission shall be separate from the overall appropriation for the Department. To the extent functions or personnel of the Commission are transferred to the Department under this amendatory Act of the 104th General Assembly, all unexpended appropriations and balances and other funds available for use relating to those functions or personnel shall be transferred for use by the Department. Unexpended balances so transferred shall be expended only for the purpose for which the appropriations were originally made.
Collected 2026-09-15T04:46:46Z. Source file · JSON