Rep. Curtis J. Tarver, II

Filed: 5/22/2019





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2    AMENDMENT NO. ______. Amend Senate Bill 1780 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Illinois Human Rights Act is amended by
5changing Sections 1-103, 2-103, 3-102, and 3-106 and by adding
6Section 3-102.5 as follows:
7    (775 ILCS 5/1-103)  (from Ch. 68, par. 1-103)
8    Sec. 1-103. General definitions. When used in this Act,
9unless the context requires otherwise, the term:
10    (A) Age. "Age" means the chronological age of a person who
11is at least 40 years old, except with regard to any practice
12described in Section 2-102, insofar as that practice concerns
13training or apprenticeship programs. In the case of training or
14apprenticeship programs, for the purposes of Section 2-102,
15"age" means the chronological age of a person who is 18 but not
16yet 40 years old.



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1    (B) Aggrieved party. "Aggrieved party" means a person who
2is alleged or proved to have been injured by a civil rights
3violation or believes he or she will be injured by a civil
4rights violation under Article 3 that is about to occur.
5    (B-5) Arrest record. "Arrest record" means:
6        (1) an arrest not leading to a conviction;
7        (2) a juvenile record; or
8        (3) criminal history record information ordered
9    expunged, sealed, or impounded under Section 5.2 of the
10    Criminal Identification Act.
11    (C) Charge. "Charge" means an allegation filed with the
12Department by an aggrieved party or initiated by the Department
13under its authority.
14    (D) Civil rights violation. "Civil rights violation"
15includes and shall be limited to only those specific acts set
16forth in Sections 2-102, 2-103, 2-105, 3-102, 3-102.1, 3-103,
173-104, 3-104.1, 3-105, 3-105.1, 4-102, 4-103, 5-102, 5A-102,
186-101, and 6-102 of this Act.
19    (E) Commission. "Commission" means the Human Rights
20Commission created by this Act.
21    (F) Complaint. "Complaint" means the formal pleading filed
22by the Department with the Commission following an
23investigation and finding of substantial evidence of a civil
24rights violation.
25    (G) Complainant. "Complainant" means a person including
26the Department who files a charge of civil rights violation



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1with the Department or the Commission.
2    (H) Department. "Department" means the Department of Human
3Rights created by this Act.
4    (I) Disability. "Disability" means a determinable physical
5or mental characteristic of a person, including, but not
6limited to, a determinable physical characteristic which
7necessitates the person's use of a guide, hearing or support
8dog, the history of such characteristic, or the perception of
9such characteristic by the person complained against, which may
10result from disease, injury, congenital condition of birth or
11functional disorder and which characteristic:
12        (1) For purposes of Article 2, is unrelated to the
13    person's ability to perform the duties of a particular job
14    or position and, pursuant to Section 2-104 of this Act, a
15    person's illegal use of drugs or alcohol is not a
16    disability;
17        (2) For purposes of Article 3, is unrelated to the
18    person's ability to acquire, rent, or maintain a housing
19    accommodation;
20        (3) For purposes of Article 4, is unrelated to a
21    person's ability to repay;
22        (4) For purposes of Article 5, is unrelated to a
23    person's ability to utilize and benefit from a place of
24    public accommodation;
25        (5) For purposes of Article 5, also includes any
26    mental, psychological, or developmental disability,



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1    including autism spectrum disorders.
2    (J) Marital status. "Marital status" means the legal status
3of being married, single, separated, divorced, or widowed.
4    (J-1) Military status. "Military status" means a person's
5status on active duty in or status as a veteran of the armed
6forces of the United States, status as a current member or
7veteran of any reserve component of the armed forces of the
8United States, including the United States Army Reserve, United
9States Marine Corps Reserve, United States Navy Reserve, United
10States Air Force Reserve, and United States Coast Guard
11Reserve, or status as a current member or veteran of the
12Illinois Army National Guard or Illinois Air National Guard.
13    (K) National origin. "National origin" means the place in
14which a person or one of his or her ancestors was born.
15    (K-5) "Order of protection status" means a person's status
16as being a person protected under an order of protection issued
17pursuant to the Illinois Domestic Violence Act of 1986, Article
18112A of the Code of Criminal Procedure of 1963, the Stalking No
19Contact Order Act, or the Civil No Contact Order Act, or an
20order of protection issued by a court of another state.
21    (L) Person. "Person" includes one or more individuals,
22partnerships, associations or organizations, labor
23organizations, labor unions, joint apprenticeship committees,
24or union labor associations, corporations, the State of
25Illinois and its instrumentalities, political subdivisions,
26units of local government, legal representatives, trustees in



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1bankruptcy or receivers.
2    (L-5) Pregnancy. "Pregnancy" means pregnancy, childbirth,
3or medical or common conditions related to pregnancy or
5    (M) Public contract. "Public contract" includes every
6contract to which the State, any of its political subdivisions,
7or any municipal corporation is a party.
8    (N) Religion. "Religion" includes all aspects of religious
9observance and practice, as well as belief, except that with
10respect to employers, for the purposes of Article 2, "religion"
11has the meaning ascribed to it in paragraph (F) of Section
13    (O) Sex. "Sex" means the status of being male or female.
14    (O-1) Sexual orientation. "Sexual orientation" means
15actual or perceived heterosexuality, homosexuality,
16bisexuality, or gender-related identity, whether or not
17traditionally associated with the person's designated sex at
18birth. "Sexual orientation" does not include a physical or
19sexual attraction to a minor by an adult.
20    (P) Unfavorable military discharge. "Unfavorable military
21discharge" includes discharges from the Armed Forces of the
22United States, their Reserve components, or any National Guard
23or Naval Militia which are classified as RE-3 or the equivalent
24thereof, but does not include those characterized as RE-4 or
26    (Q) Unlawful discrimination. "Unlawful discrimination"



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1means discrimination against a person because of his or her
2race, color, religion, national origin, ancestry, age, sex,
3marital status, order of protection status, disability,
4military status, sexual orientation, pregnancy, or unfavorable
5discharge from military service as those terms are defined in
6this Section.
7(Source: P.A. 100-714, eff. 1-1-19; revised 10-4-18.)
8    (775 ILCS 5/2-103)  (from Ch. 68, par. 2-103)
9    Sec. 2-103. Arrest Record.
10    (A) Unless otherwise authorized by law, it is a civil
11rights violation for any employer, employment agency or labor
12organization to inquire into or to use the fact of an arrest or
13criminal history record, as defined under subsection (B-5) of
14Section 1-103, information ordered expunged, sealed or
15impounded under Section 5.2 of the Criminal Identification Act
16as a basis to refuse to hire, to segregate, or to act with
17respect to recruitment, hiring, promotion, renewal of
18employment, selection for training or apprenticeship,
19discharge, discipline, tenure or terms, privileges or
20conditions of employment. This Section does not prohibit a
21State agency, unit of local government or school district, or
22private organization from requesting or utilizing sealed
23felony conviction information obtained from the Department of
24State Police under the provisions of Section 3 of the Criminal
25Identification Act or under other State or federal laws or



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1regulations that require criminal background checks in
2evaluating the qualifications and character of an employee or a
3prospective employee.
4    (B) The prohibition against the use of the fact of an
5arrest record, as defined under paragraph (1) of subsection
6(B-5) of Section 1-103, contained in this Act Section shall not
7be construed to prohibit an employer, employment agency, or
8labor organization from obtaining or using other information
9which indicates that a person actually engaged in the conduct
10for which he or she was arrested.
11(Source: P.A. 96-409, eff. 1-1-10.)
12    (775 ILCS 5/3-102)  (from Ch. 68, par. 3-102)
13    Sec. 3-102. Civil rights violations; real estate
14transactions. It is a civil rights violation for an owner or
15any other person engaging in a real estate transaction, or for
16a real estate broker or salesman, because of unlawful
17discrimination, or familial status, or an arrest record, as
18defined under subsection (B-5) of Section 1-103, to:
19        (A) Transaction. Refuse to engage in a real estate
20    transaction with a person or to discriminate in making
21    available such a transaction;
22        (B) Terms. Alter the terms, conditions or privileges of
23    a real estate transaction or in the furnishing of
24    facilities or services in connection therewith;
25        (C) Offer. Refuse to receive or to fail to transmit a



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1    bona fide offer to engage in a real estate transaction from
2    a person;
3        (D) Negotiation. Refuse to negotiate for a real estate
4    transaction with a person;
5        (E) Representations. Represent to a person that real
6    property is not available for inspection, sale, rental, or
7    lease when in fact it is so available, or to fail to bring
8    a property listing to his or her attention, or to refuse to
9    permit him or her to inspect real property;
10        (F) Publication of Intent. Make, print, circulate,
11    post, mail, publish or cause to be made, printed,
12    circulated, posted, mailed, or published any notice,
13    statement, advertisement or sign, or use a form of
14    application for a real estate transaction, or make a record
15    or inquiry in connection with a prospective real estate
16    transaction, that indicates any preference, limitation, or
17    discrimination based on unlawful discrimination or
18    unlawful discrimination based on familial status or an
19    arrest record, or an intention to make any such preference,
20    limitation, or discrimination;
21        (G) Listings. Offer, solicit, accept, use or retain a
22    listing of real property with knowledge that unlawful
23    discrimination or discrimination on the basis of familial
24    status or an arrest record in a real estate transaction is
25    intended.
26(Source: P.A. 99-196, eff. 7-30-15; 99-642, eff. 7-28-16.)



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1    (775 ILCS 5/3-102.5 new)
2    Sec. 3-102.5. Arrest records.
3    (A) Inquiries. It is a civil rights violation for an owner
4or any other person engaging in a real estate transaction, or
5for a real estate broker or salesman, to inquire into a
6person's arrest record.
7    (B) Unlawful activity. The prohibition against the use of
8an arrest record shall not preclude an owner or any other
9person engaging in a real estate transaction, or for a real
10estate broker or salesman, from prohibiting the tenant, a
11member of the tenant's household, or a guest of the tenant from
12engaging in unlawful activity on the premises.
13    (775 ILCS 5/3-106)  (from Ch. 68, par. 3-106)
14    Sec. 3-106. Exemptions. Nothing contained in Section 3-102
15shall prohibit:
16    (A) Private Sales of Single Family Homes.
17        (1) Any sale of a single family home by its owner so
18    long as the following criteria are met:
19            (a) The owner does not own or have a beneficial
20        interest in more than three single family homes at the
21        time of the sale;
22            (b) The owner or a member of his or her family was
23        the last current resident of the home;
24            (c) The home is sold without the use in any manner



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1        of the sales or rental facilities or services of any
2        real estate broker or salesman, or of any employee or
3        agent of any real estate broker or salesman;
4            (d) The home is sold without the publication,
5        posting or mailing, after notice, of any advertisement
6        or written notice in violation of paragraph (F) of
7        Section 3-102.
8        (2) This exemption does not apply to paragraph (F) of
9    Section 3-102.
10    (B) Apartments. Rental of a housing accommodation in a
11building which contains housing accommodations for not more
12than 4 families living independently of each other, if the
13owner resides in one of the housing accommodations. This
14exemption does not apply to paragraph (F) of Section 3-102.
15    (C) Private Rooms. Rental of a room or rooms in a private
16home by an owner if he or she or a member of his or her family
17resides therein or, while absent for a period of not more than
18twelve months, if he or she or a member of his or her family
19intends to return to reside therein.
20    (D) Reasonable local, State, or Federal restrictions
21regarding the maximum number of occupants permitted to occupy a
23    (E) Religious Organizations. A religious organization,
24association, or society, or any nonprofit institution or
25organization operated, supervised or controlled by or in
26conjunction with a religious organization, association, or



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1society, from limiting the sale, rental or occupancy of a
2dwelling which it owns or operates for other than a commercial
3purpose to persons of the same religion, or from giving
4preference to such persons, unless membership in such religion
5is restricted on account of race, color, or national origin.
6    (F) Sex. Restricting the rental of rooms in a housing
7accommodation to persons of one sex.
8    (G) Persons Convicted of Drug-Related Offenses. Conduct
9against a person because such person has been convicted by any
10court of competent jurisdiction of the illegal manufacture or
11distribution of a controlled substance as defined in Section
12102 of the federal Controlled Substances Act (21 U.S.C. 802).
13    (H) Persons engaged in the business of furnishing
14appraisals of real property from taking into consideration
15factors other than those based on unlawful discrimination or
16familial status in furnishing appraisals.
17    (H-1) The owner of an owner-occupied residential building
18with 4 or fewer units (including the unit in which the owner
19resides) from making decisions regarding whether to rent to a
20person based upon that person's sexual orientation.
21    (I) Housing for Older Persons. No provision in this Article
22regarding familial status shall apply with respect to housing
23for older persons.
24        (1) As used in this Section, "housing for older
25    persons" means housing:
26            (a) provided under any State or Federal program



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1        that the Department determines is specifically
2        designed and operated to assist elderly persons (as
3        defined in the State or Federal program); or
4            (b) intended for, and solely occupied by, persons
5        62 years of age or older; or
6            (c) intended and operated for occupancy by persons
7        55 years of age or older and:
8                (i) at least 80% of the occupied units are
9            occupied by at least one person who is 55 years of
10            age or older;
11                (ii) the housing facility or community
12            publishes and adheres to policies and procedures
13            that demonstrate the intent required under this
14            subdivision (c); and
15                (iii) the housing facility or community
16            complies with rules adopted by the Department for
17            verification of occupancy, which shall:
18                    (aa) provide for verification by reliable
19                surveys and affidavits; and
20                    (bb) include examples of the types of
21                policies and procedures relevant to a
22                determination of compliance with the
23                requirement of clause (ii).
24        These surveys and affidavits shall be admissible in
25    administrative and judicial proceedings for the purposes
26    of such verification.



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1        (2) Housing shall not fail to meet the requirements for
2    housing for older persons by reason of:
3            (a) persons residing in such housing as of the
4        effective date of this amendatory Act of 1989 who do
5        not meet the age requirements of subsections (1)(b) or
6        (c); provided, that new occupants of such housing meet
7        the age requirements of subsections (1)(b) or (c) of
8        this subsection; or
9            (b) unoccupied units; provided, that such units
10        are reserved for occupancy by persons who meet the age
11        requirements of subsections (1)(b) or (c) of this
12        subsection.
13        (3) (a) A person shall not be held personally liable
14        for monetary damages for a violation of this Article if
15        the person reasonably relied, in good faith, on the
16        application of the exemption under this subsection (I)
17        relating to housing for older persons.
18            (b) For the purposes of this item (3), a person may
19        show good faith reliance on the application of the
20        exemption only by showing that:
21                (i) the person has no actual knowledge that the
22            facility or community is not, or will not be,
23            eligible for the exemption; and
24                (ii) the facility or community has stated
25            formally, in writing, that the facility or
26            community complies with the requirements for the



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1            exemption.
2    (J) Child Sex Offender Refusal to Rent. Refusal of a child
3sex offender who owns and resides at residential real estate to
4rent any residential unit within the same building in which he
5or she resides to a person who is the parent or guardian of a
6child or children under 18 years of age.
7    (K) Arrest Records. Inquiry into or the use of an arrest
8record if the inquiry or use is otherwise authorized by State
9or federal law.
10(Source: P.A. 95-42, eff. 8-10-07; 95-820, eff. 1-1-09.)
11    Section 99. Effective date. This Act takes effect January
121, 2020.".