Full Text of SB1780 101st General Assembly
SB1780ham003 101ST GENERAL ASSEMBLY | Rep. Curtis J. Tarver, II Filed: 5/23/2019
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| 1 | | AMENDMENT TO SENATE BILL 1780
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1780, AS AMENDED, | 3 | | by replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. The Illinois Human Rights Act is amended by | 6 | | changing Sections 1-103, 2-103, 3-102, and 3-106 and by adding | 7 | | Section 3-102.5 as follows: | 8 | | (775 ILCS 5/1-103) (from Ch. 68, par. 1-103) | 9 | | Sec. 1-103. General definitions. When used in this Act, | 10 | | unless the
context requires otherwise, the term:
| 11 | | (A) Age. "Age" means the chronological age of a person who | 12 | | is at least
40 years old, except with regard to any practice | 13 | | described in Section
2-102, insofar as that practice concerns | 14 | | training or apprenticeship
programs. In the case of training or | 15 | | apprenticeship programs, for the
purposes of Section 2-102, | 16 | | "age" means the chronological age of a person
who is 18 but not |
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| 1 | | yet 40 years old.
| 2 | | (B) Aggrieved party. "Aggrieved party" means a person who | 3 | | is alleged
or proved to have been injured by a civil rights | 4 | | violation or believes he
or she will be injured by a civil | 5 | | rights violation under Article 3 that is
about to occur.
| 6 | | (B-5) Arrest record. "Arrest record" means: | 7 | | (1) an arrest not leading to a conviction; | 8 | | (2) a juvenile record; or | 9 | | (3) criminal history record information ordered | 10 | | expunged, sealed, or impounded under Section 5.2 of the | 11 | | Criminal Identification Act. | 12 | | (C) Charge. "Charge" means an allegation filed with the | 13 | | Department
by an aggrieved party or initiated by the Department | 14 | | under its
authority.
| 15 | | (D) Civil rights violation. "Civil rights violation" | 16 | | includes and
shall be limited to only those specific acts set | 17 | | forth in Sections
2-102, 2-103, 2-105, 3-102, 3-102.1, 3-103, | 18 | | 3-104, 3-104.1, 3-105, 3-105.1, 4-102, 4-103,
5-102, 5A-102, | 19 | | 6-101, and 6-102 of this Act.
| 20 | | (E) Commission. "Commission" means the Human Rights | 21 | | Commission
created by this Act.
| 22 | | (F) Complaint. "Complaint" means the formal pleading filed | 23 | | by
the Department with the Commission following an | 24 | | investigation and
finding of substantial evidence of a civil | 25 | | rights violation.
| 26 | | (G) Complainant. "Complainant" means a person including |
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| 1 | | the
Department who files a charge of civil rights violation | 2 | | with the Department or
the Commission.
| 3 | | (H) Department. "Department" means the Department of Human | 4 | | Rights
created by this Act.
| 5 | | (I) Disability. "Disability" means a determinable physical | 6 | | or mental
characteristic of a person, including, but not | 7 | | limited to, a determinable
physical characteristic which | 8 | | necessitates the person's use of a guide,
hearing or support | 9 | | dog, the history of such characteristic, or the
perception of | 10 | | such characteristic by the person complained against, which
may | 11 | | result from disease, injury, congenital condition of birth or
| 12 | | functional disorder and which characteristic:
| 13 | | (1) For purposes of Article 2 , is unrelated to the | 14 | | person's ability
to perform the duties of a particular job | 15 | | or position and, pursuant to
Section 2-104 of this Act, a | 16 | | person's illegal use of drugs or alcohol is not a
| 17 | | disability;
| 18 | | (2) For purposes of Article 3, is unrelated to the | 19 | | person's ability
to acquire, rent , or maintain a housing | 20 | | accommodation;
| 21 | | (3) For purposes of Article 4, is unrelated to a | 22 | | person's ability to
repay;
| 23 | | (4) For purposes of Article 5, is unrelated to a | 24 | | person's ability to
utilize and benefit from a place of | 25 | | public accommodation;
| 26 | | (5) For purposes of Article 5, also includes any |
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| 1 | | mental, psychological, or developmental disability, | 2 | | including autism spectrum disorders. | 3 | | (J) Marital status. "Marital status" means the legal status | 4 | | of being
married, single, separated, divorced , or widowed.
| 5 | | (J-1) Military status. "Military status" means a person's | 6 | | status on
active duty in or status as a veteran of the armed | 7 | | forces of the United States, status as a current member or | 8 | | veteran of any
reserve component of the armed forces of the | 9 | | United States, including the United
States Army Reserve, United | 10 | | States Marine Corps Reserve, United States Navy
Reserve, United | 11 | | States Air Force Reserve, and United States Coast Guard
| 12 | | Reserve, or status as a current member or veteran of the | 13 | | Illinois Army National Guard or Illinois Air National
Guard.
| 14 | | (K) National origin. "National origin" means the place in | 15 | | which a
person or one of his or her ancestors was born.
| 16 | | (K-5) "Order of protection status" means a person's status | 17 | | as being a person protected under an order of protection issued | 18 | | pursuant to the Illinois Domestic Violence Act of 1986, Article | 19 | | 112A of the Code of Criminal Procedure of 1963, the Stalking No | 20 | | Contact Order Act, or the Civil No Contact Order Act, or an | 21 | | order of protection issued by a court of another state. | 22 | | (L) Person. "Person" includes one or more individuals, | 23 | | partnerships,
associations or organizations, labor | 24 | | organizations, labor unions, joint
apprenticeship committees, | 25 | | or union labor associations, corporations, the
State of | 26 | | Illinois and its instrumentalities, political subdivisions, |
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| 1 | | units
of local government, legal representatives, trustees in | 2 | | bankruptcy
or receivers.
| 3 | | (L-5) Pregnancy. "Pregnancy" means pregnancy, childbirth, | 4 | | or medical or common conditions related to pregnancy or | 5 | | childbirth. | 6 | | (M) Public contract. "Public contract" includes every | 7 | | contract to which the
State, any of its political subdivisions , | 8 | | or any municipal corporation is a
party.
| 9 | | (N) Religion. "Religion" includes all aspects of religious | 10 | | observance
and practice, as well as belief, except that with | 11 | | respect to employers, for
the purposes of Article 2, "religion" | 12 | | has the meaning ascribed to it in
paragraph (F) of Section | 13 | | 2-101.
| 14 | | (O) Sex. "Sex" means the status of being male or female.
| 15 | | (O-1) Sexual orientation. "Sexual orientation" means | 16 | | actual or
perceived heterosexuality, homosexuality, | 17 | | bisexuality, or gender-related identity,
whether or not | 18 | | traditionally associated with the person's designated sex at
| 19 | | birth. "Sexual orientation" does not include a physical or | 20 | | sexual attraction to a minor by an adult.
| 21 | | (P) Unfavorable military discharge. "Unfavorable military | 22 | | discharge"
includes discharges from the Armed Forces of the | 23 | | United States, their
Reserve components , or any National Guard | 24 | | or Naval Militia which are
classified as RE-3 or the equivalent | 25 | | thereof, but does not include those
characterized as RE-4 or | 26 | | "Dishonorable".
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| 1 | | (Q) Unlawful discrimination. "Unlawful discrimination" | 2 | | means discrimination
against a person because of his or her | 3 | | race, color, religion, national origin,
ancestry, age, sex, | 4 | | marital status, order of protection status, disability, | 5 | | military status, sexual
orientation, pregnancy,
or unfavorable
| 6 | | discharge from military service as those terms are defined in | 7 | | this Section.
| 8 | | (Source: P.A. 100-714, eff. 1-1-19; revised 10-4-18.)
| 9 | | (775 ILCS 5/2-103) (from Ch. 68, par. 2-103)
| 10 | | Sec. 2-103. Arrest Record.
| 11 | | (A) Unless otherwise authorized by law,
it is a civil | 12 | | rights violation for any
employer, employment agency or labor | 13 | | organization to inquire
into or to use the fact of an arrest or | 14 | | criminal history
record , as defined under subsection (B-5) of | 15 | | Section 1-103, information
ordered expunged, sealed or | 16 | | impounded under Section 5.2 of the Criminal
Identification Act | 17 | | as a basis to
refuse to hire, to segregate, or to act
with | 18 | | respect to recruitment, hiring, promotion, renewal of | 19 | | employment,
selection for training or apprenticeship, | 20 | | discharge, discipline, tenure or
terms, privileges or | 21 | | conditions of employment. This Section
does not prohibit a | 22 | | State agency, unit of local government or school
district, or | 23 | | private organization from requesting or utilizing sealed | 24 | | felony
conviction information obtained from the Department of | 25 | | State Police under
the provisions of Section 3 of the
Criminal |
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| 1 | | Identification Act or under other State or federal laws or | 2 | | regulations that require criminal background checks in | 3 | | evaluating the qualifications
and character of an employee or a | 4 | | prospective employee.
| 5 | | (B) The prohibition against the use of the fact of an | 6 | | arrest record, as defined under paragraph (1) of subsection | 7 | | (B-5) of Section 1-103, contained in
this Act Section shall not | 8 | | be construed to prohibit an employer, employment agency,
or | 9 | | labor organization from obtaining or using other information | 10 | | which indicates
that a person actually engaged in the conduct | 11 | | for which he or she was
arrested.
| 12 | | (Source: P.A. 96-409, eff. 1-1-10.)
| 13 | | (775 ILCS 5/3-102) (from Ch. 68, par. 3-102)
| 14 | | Sec. 3-102. Civil rights violations; real estate | 15 | | transactions. It
is a civil rights violation for an owner or | 16 | | any other person engaging in
a real estate transaction, or for | 17 | | a real estate broker or salesman,
because of unlawful | 18 | | discrimination , or familial status , or an arrest record , as | 19 | | defined under subsection (B-5) of Section 1-103, to :
| 20 | | (A) Transaction. Refuse to engage in a real estate | 21 | | transaction with
a person or to discriminate in making | 22 | | available such a transaction;
| 23 | | (B) Terms. Alter the terms, conditions or privileges of | 24 | | a real
estate transaction or in the furnishing of | 25 | | facilities or services in
connection therewith;
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| 1 | | (C) Offer. Refuse to receive or to fail to transmit a | 2 | | bona fide
offer to engage in a real estate transaction from | 3 | | a person;
| 4 | | (D) Negotiation. Refuse to negotiate for a real estate | 5 | | transaction
with a person;
| 6 | | (E) Representations. Represent to a person that real | 7 | | property is
not available for inspection, sale, rental, or | 8 | | lease when in fact it is
so available, or to fail to bring | 9 | | a property listing to his or her
attention, or to refuse to | 10 | | permit him or her to inspect real property;
| 11 | | (F) Publication of Intent. Make, print, circulate, | 12 | | post, mail, publish or cause to be made, printed, | 13 | | circulated, posted, mailed, or published any notice, | 14 | | statement, advertisement or sign, or use a form of | 15 | | application for a real estate transaction, or make a record | 16 | | or inquiry in connection with a prospective real estate | 17 | | transaction, that indicates any preference, limitation, or | 18 | | discrimination based on unlawful discrimination or | 19 | | unlawful discrimination based on familial status or an | 20 | | arrest record , or an intention to make any such preference, | 21 | | limitation, or discrimination;
| 22 | | (G) Listings. Offer, solicit, accept, use or retain a | 23 | | listing of
real property with knowledge that unlawful | 24 | | discrimination or
discrimination on the basis of familial | 25 | | status or an arrest record in a real estate
transaction is | 26 | | intended.
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| 1 | | (Source: P.A. 99-196, eff. 7-30-15; 99-642, eff. 7-28-16.)
| 2 | | (775 ILCS 5/3-102.5 new) | 3 | | Sec. 3-102.5. Unlawful activity. The prohibition against | 4 | | the use of an arrest record under Section 3-102 shall not | 5 | | preclude an owner or any other person engaging in a real estate | 6 | | transaction, or a real estate broker or salesman, from | 7 | | prohibiting the tenant, a member of the tenant's household, or | 8 | | a guest of the tenant from engaging in unlawful activity on the | 9 | | premises. | 10 | | (775 ILCS 5/3-106) (from Ch. 68, par. 3-106)
| 11 | | Sec. 3-106. Exemptions.
Nothing contained in Section 3-102 | 12 | | shall
prohibit:
| 13 | | (A) Private Sales of Single Family Homes. | 14 | | (1) Any sale of a single
family home by its owner so | 15 | | long as the following criteria are met:
| 16 | | (a) The owner does not own or have a beneficial | 17 | | interest in more
than three single family homes at the | 18 | | time of the sale;
| 19 | | (b) The owner or a member of his or her family was | 20 | | the last current
resident of the home;
| 21 | | (c) The home is sold without the use in any manner | 22 | | of the sales or
rental facilities or services of any | 23 | | real estate broker or salesman, or
of any employee or | 24 | | agent of any real estate broker or salesman;
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| 1 | | (d) The home is sold without the publication, | 2 | | posting or mailing,
after notice, of any advertisement | 3 | | or written notice in violation of
paragraph (F) of | 4 | | Section 3-102.
| 5 | | (2) This exemption does not apply to paragraph (F) of | 6 | | Section 3-102.
| 7 | | (B) Apartments. Rental of a housing accommodation in a | 8 | | building
which contains housing accommodations for not more | 9 | | than 4 families
living independently of each other, if the | 10 | | owner resides in one of the housing accommodations.
This | 11 | | exemption does not apply to paragraph (F) of Section 3-102.
| 12 | | (C) Private Rooms. Rental of a room or rooms in a private | 13 | | home by
an owner if he or she or a member of his or her family | 14 | | resides therein or,
while absent for a period of not more than | 15 | | twelve months, if he or she or a
member of his or her family | 16 | | intends to return to reside therein.
| 17 | | (D) Reasonable local, State, or Federal restrictions
| 18 | | regarding the maximum number of occupants permitted to occupy a | 19 | | dwelling.
| 20 | | (E) Religious Organizations. A religious organization, | 21 | | association,
or society, or any nonprofit institution or | 22 | | organization operated,
supervised or controlled by or in | 23 | | conjunction with a religious
organization, association, or | 24 | | society, from limiting the sale, rental or
occupancy of a | 25 | | dwelling which it owns or operates for other than a
commercial | 26 | | purpose to persons of the same religion, or from giving
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| 1 | | preference to such persons, unless membership in such religion | 2 | | is
restricted on account of race, color, or national origin.
| 3 | | (F) Sex. Restricting the rental of rooms in a housing | 4 | | accommodation to
persons of one sex.
| 5 | | (G) Persons Convicted of Drug-Related Offenses.
Conduct | 6 | | against a person because such person has been convicted by
any | 7 | | court of competent jurisdiction of the illegal manufacture or
| 8 | | distribution of a controlled substance as defined in Section | 9 | | 102 of the
federal Controlled Substances Act (21 U.S.C. 802).
| 10 | | (H) Persons engaged in the business of furnishing | 11 | | appraisals of real
property from taking into consideration | 12 | | factors other than those based on
unlawful discrimination or | 13 | | familial status in furnishing appraisals.
| 14 | | (H-1) The owner of an owner-occupied residential building | 15 | | with 4 or
fewer units (including the unit in which the owner | 16 | | resides) from making
decisions regarding whether to rent to a | 17 | | person based upon that person's
sexual orientation.
| 18 | | (I) Housing for Older Persons. No provision in this Article | 19 | | regarding
familial status shall apply with respect to housing | 20 | | for older persons.
| 21 | | (1) As used in this Section, "housing for older | 22 | | persons" means housing:
| 23 | | (a) provided under any State or Federal program | 24 | | that the Department
determines is specifically | 25 | | designed and operated to assist elderly persons
(as | 26 | | defined in the State or Federal program); or
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| 1 | | (b) intended for, and solely occupied by, persons | 2 | | 62 years of age or
older;
or
| 3 | | (c) intended and operated for occupancy by persons | 4 | | 55 years of age or
older and:
| 5 | | (i) at least 80% of the occupied units are | 6 | | occupied by at
least one person who is 55 years of | 7 | | age or older;
| 8 | | (ii) the housing facility or community | 9 | | publishes and adheres to
policies and procedures
| 10 | | that demonstrate the intent required under this
| 11 | | subdivision (c); and
| 12 | | (iii) the housing facility or community | 13 | | complies with rules adopted by
the
Department for | 14 | | verification of occupancy, which shall:
| 15 | | (aa) provide for verification by reliable | 16 | | surveys and affidavits;
and
| 17 | | (bb) include examples of the types of | 18 | | policies and procedures
relevant to
a | 19 | | determination of compliance with the | 20 | | requirement of clause (ii).
| 21 | | These surveys and affidavits shall be admissible in | 22 | | administrative and
judicial proceedings for the purposes | 23 | | of such verification.
| 24 | | (2) Housing shall not fail to meet the requirements for | 25 | | housing for
older persons by reason of:
| 26 | | (a) persons residing in such housing as of the |
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| 1 | | effective date of this
amendatory Act of 1989 who do | 2 | | not meet the age requirements of subsections
(1)(b) or | 3 | | (c); provided, that new occupants of such housing meet | 4 | | the age
requirements of
subsections (1)(b) or (c) of | 5 | | this subsection; or
| 6 | | (b) unoccupied units; provided, that such units | 7 | | are reserved for
occupancy by persons who meet the age | 8 | | requirements of subsections (1)(b)
or (c) of this | 9 | | subsection.
| 10 | | (3) (a) A person shall not be held personally liable | 11 | | for monetary damages
for a violation of this Article if | 12 | | the person reasonably relied, in good
faith, on the | 13 | | application of the exemption under this subsection (I) | 14 | | relating
to housing for older persons.
| 15 | | (b) For the purposes of this item (3), a person may | 16 | | show good faith
reliance on the application of the | 17 | | exemption only by showing that:
| 18 | | (i) the person has no actual knowledge that the | 19 | | facility or community
is
not, or will not be, | 20 | | eligible for the exemption; and
| 21 | | (ii) the facility or community has stated | 22 | | formally, in writing, that
the
facility or | 23 | | community complies with the requirements for the | 24 | | exemption.
| 25 | | (J) Child Sex Offender Refusal to Rent. Refusal of a child | 26 | | sex offender who owns and resides at residential real estate to |
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| 1 | | rent any residential unit within the same building in which he | 2 | | or she resides to a person who is the parent or guardian of a | 3 | | child or children under 18 years of age. | 4 | | (K) Arrest Records. Inquiry into or the use of an arrest | 5 | | record if the inquiry or use is otherwise authorized by State | 6 | | or federal law. | 7 | | (Source: P.A. 95-42, eff. 8-10-07; 95-820, eff. 1-1-09.)
| 8 | | Section 99. Effective date. This Act takes effect January | 9 | | 1, 2020.".
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