102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB0202

 

Introduced 2/17/2021, by Sen. Julie A. Morrison

 

SYNOPSIS AS INTRODUCED:
 
775 ILCS 5/1-103  from Ch. 68, par. 1-103
775 ILCS 5/6-103 new

    Amends the Illinois Human Rights Act. Provides that it is a civil rights violation to offer a group or individual policy of accident and health insurance, including coverage against disablement or death, that does not include equal terms and conditions of coverage for the treatment of a mental, emotional, nervous, or substance use disorder or condition or a history thereof. Makes a conforming change.


LRB102 11102 LNS 16434 b

 

 

A BILL FOR

 

SB0202LRB102 11102 LNS 16434 b

1    AN ACT concerning human rights.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Human Rights Act is amended by
5changing Section 1-103 and by adding Section 6-103 as follows:
 
6    (775 ILCS 5/1-103)  (from Ch. 68, par. 1-103)
7    Sec. 1-103. General definitions. When used in this Act,
8unless the context requires otherwise, the term:
9    (A) Age. "Age" means the chronological age of a person who
10is at least 40 years old, except with regard to any practice
11described in Section 2-102, insofar as that practice concerns
12training or apprenticeship programs. In the case of training
13or apprenticeship programs, for the purposes of Section 2-102,
14"age" means the chronological age of a person who is 18 but not
15yet 40 years old.
16    (B) Aggrieved party. "Aggrieved party" means a person who
17is alleged or proved to have been injured by a civil rights
18violation or believes he or she will be injured by a civil
19rights violation under Article 3 that is about to occur.
20    (B-5) Arrest record. "Arrest record" means:
21        (1) an arrest not leading to a conviction;
22        (2) a juvenile record; or
23        (3) criminal history record information ordered

 

 

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1    expunged, sealed, or impounded under Section 5.2 of the
2    Criminal Identification Act.
3    (C) Charge. "Charge" means an allegation filed with the
4Department by an aggrieved party or initiated by the
5Department under its authority.
6    (D) Civil rights violation. "Civil rights violation"
7includes and shall be limited to only those specific acts set
8forth in Sections 2-102, 2-103, 2-105, 3-102, 3-102.1, 3-103,
93-104, 3-104.1, 3-105, 3-105.1, 4-102, 4-103, 5-102, 5A-102,
106-101, and 6-102 of this Act.
11    (E) Commission. "Commission" means the Human Rights
12Commission created by this Act.
13    (F) Complaint. "Complaint" means the formal pleading filed
14by the Department with the Commission following an
15investigation and finding of substantial evidence of a civil
16rights violation.
17    (G) Complainant. "Complainant" means a person including
18the Department who files a charge of civil rights violation
19with the Department or the Commission.
20    (H) Department. "Department" means the Department of Human
21Rights created by this Act.
22    (I) Disability. "Disability" means a determinable physical
23or mental characteristic of a person, including, but not
24limited to, a determinable physical characteristic which
25necessitates the person's use of a guide, hearing or support
26dog, the history of such characteristic, or the perception of

 

 

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1such characteristic by the person complained against, which
2may result from disease, injury, congenital condition of birth
3or functional disorder and which characteristic:
4        (1) For purposes of Article 2, is unrelated to the
5    person's ability to perform the duties of a particular job
6    or position and, pursuant to Section 2-104 of this Act, a
7    person's illegal use of drugs or alcohol is not a
8    disability;
9        (2) For purposes of Article 3, is unrelated to the
10    person's ability to acquire, rent, or maintain a housing
11    accommodation;
12        (3) For purposes of Article 4, is unrelated to a
13    person's ability to repay;
14        (4) For purposes of Article 5, is unrelated to a
15    person's ability to utilize and benefit from a place of
16    public accommodation;
17        (5) For purposes of Article 5, also includes any
18    mental, psychological, or developmental disability,
19    including autism spectrum disorders.
20    (J) Marital status. "Marital status" means the legal
21status of being married, single, separated, divorced, or
22widowed.
23    (J-1) Military status. "Military status" means a person's
24status on active duty in or status as a veteran of the armed
25forces of the United States, status as a current member or
26veteran of any reserve component of the armed forces of the

 

 

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1United States, including the United States Army Reserve,
2United States Marine Corps Reserve, United States Navy
3Reserve, United States Air Force Reserve, and United States
4Coast Guard Reserve, or status as a current member or veteran
5of the Illinois Army National Guard or Illinois Air National
6Guard.
7    (K) National origin. "National origin" means the place in
8which a person or one of his or her ancestors was born.
9    (K-5) "Order of protection status" means a person's status
10as being a person protected under an order of protection
11issued pursuant to the Illinois Domestic Violence Act of 1986,
12Article 112A of the Code of Criminal Procedure of 1963, the
13Stalking No Contact Order Act, or the Civil No Contact Order
14Act, or an order of protection issued by a court of another
15state.
16    (L) Person. "Person" includes one or more individuals,
17partnerships, associations or organizations, labor
18organizations, labor unions, joint apprenticeship committees,
19or union labor associations, corporations, the State of
20Illinois and its instrumentalities, political subdivisions,
21units of local government, legal representatives, trustees in
22bankruptcy, or receivers, or companies as defined in
23subsection (e) of Section 2 of the Illinois Insurance Code.
24    (L-5) Pregnancy. "Pregnancy" means pregnancy, childbirth,
25or medical or common conditions related to pregnancy or
26childbirth.

 

 

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1    (M) Public contract. "Public contract" includes every
2contract to which the State, any of its political
3subdivisions, or any municipal corporation is a party.
4    (N) Religion. "Religion" includes all aspects of religious
5observance and practice, as well as belief, except that with
6respect to employers, for the purposes of Article 2,
7"religion" has the meaning ascribed to it in paragraph (F) of
8Section 2-101.
9    (O) Sex. "Sex" means the status of being male or female.
10    (O-1) Sexual orientation. "Sexual orientation" means
11actual or perceived heterosexuality, homosexuality,
12bisexuality, or gender-related identity, whether or not
13traditionally associated with the person's designated sex at
14birth. "Sexual orientation" does not include a physical or
15sexual attraction to a minor by an adult.
16    (P) Unfavorable military discharge. "Unfavorable military
17discharge" includes discharges from the Armed Forces of the
18United States, their Reserve components, or any National Guard
19or Naval Militia which are classified as RE-3 or the
20equivalent thereof, but does not include those characterized
21as RE-4 or "Dishonorable".
22    (Q) Unlawful discrimination. "Unlawful discrimination"
23means discrimination against a person because of his or her
24actual or perceived: race, color, religion, national origin,
25ancestry, age, sex, marital status, order of protection
26status, disability, military status, sexual orientation,

 

 

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1pregnancy, or unfavorable discharge from military service as
2those terms are defined in this Section.
3(Source: P.A. 100-714, eff. 1-1-19; 101-81, eff. 7-12-19;
4101-221, eff. 1-1-20; 101-565, eff. 1-1-20; revised 9-18-19.)
 
5    (775 ILCS 5/6-103 new)
6    Sec. 6-103. Insurance coverage. It is a civil rights
7violation within the meaning of this Act for a person to offer
8a group or individual policy of accident and health insurance,
9including coverage against disablement or death, that does not
10include equal terms and conditions of coverage for the
11treatment of a mental, emotional, nervous, or substance use
12disorder or condition or a history thereof.
13    As used in this Section, "mental, emotional, nervous, or
14substance use disorder or condition" has the meaning provided
15in subsection (g) of Section 370c.1 of the Illinois Insurance
16Code.