Full Text of SB3186 93rd General Assembly
SB3186ccr001 93RD GENERAL ASSEMBLY
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| 93RD GENERAL ASSEMBLY
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| FIRST CONFERENCE COMMITTEE REPORT
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| ON SENATE BILL 3186
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| To the President of the Senate and the Speaker of the House | 7 |
| of
Representatives:
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| We, the conference committee appointed to consider the | 9 |
| differences between the houses in relation to House Amendment | 10 |
| Nos. 1 and 2 to Senate Bill 3186, recommend the following:
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| (1) that the House recede from House Amendments Nos. 1 and | 12 |
| 2; and
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| (2) that Senate Bill 3186 be further amended by replacing | 14 |
| everything after the enacting clause with the following: | 15 |
| "Section 5. The Illinois Human Rights Act is amended by | 16 |
| changing Sections
1-102, 1-103, 3-103, and 3-106 and the | 17 |
| heading of Article 1 and adding Section
1-101.1
as follows:
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| (775 ILCS 5/Art. 1 heading)
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| ARTICLE 1. | 20 |
| GENERAL PROVISIONS
TITLE, POLICY AND DEFINITIONS
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| (775 ILCS 5/1-101.1 new)
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| Sec. 1-101.1. Construction. Nothing in this Act shall be | 23 |
| construed as
requiring any employer, employment agency, or | 24 |
| labor organization to give
preferential treatment or special | 25 |
| rights based on sexual orientation or to
implement affirmative | 26 |
| action policies or programs based on sexual
orientation.
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| (775 ILCS 5/1-102) (from Ch. 68, par. 1-102)
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| Sec. 1-102. Declaration of Policy. It is the public | 29 |
| policy of this State:
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| (A) Freedom from Unlawful Discrimination. To secure for all | 2 |
| individuals
within Illinois the freedom from discrimination | 3 |
| against any individual because
of his or her race, color, | 4 |
| religion, sex, national origin, ancestry, age,
marital status, | 5 |
| physical or mental handicap, military
status, sexual | 6 |
| orientation, or unfavorable
discharge from military service in | 7 |
| connection with employment, real estate
transactions, access | 8 |
| to financial credit, and the availability of public
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| accommodations.
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| (B) Freedom from Sexual Harassment-Employment and Higher | 11 |
| Education.
To prevent sexual harassment in employment and | 12 |
| sexual harassment in
higher education.
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| (C) Freedom from Discrimination Based on Citizenship | 14 |
| Status-Employment.
To prevent discrimination based on | 15 |
| citizenship status in employment.
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| (D) Freedom from Discrimination Based on Familial | 17 |
| Status-Real Estate
Transactions. To prevent discrimination | 18 |
| based on familial status in real
estate transactions.
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| (E) Public Health, Welfare and Safety. To promote the | 20 |
| public health,
welfare and safety by protecting the interest of | 21 |
| all people in Illinois
in maintaining personal dignity, in | 22 |
| realizing their full productive
capacities, and in furthering | 23 |
| their interests, rights and privileges as
citizens of this | 24 |
| State.
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| (F) Implementation of Constitutional Guarantees. To secure | 26 |
| and
guarantee the rights established by Sections 17, 18 and 19 | 27 |
| of Article I
of the Illinois Constitution of 1970.
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| (G) Equal Opportunity, Affirmative Action. To establish | 29 |
| Equal
Opportunity and Affirmative Action as the policies of | 30 |
| this State in all
of its decisions, programs and activities, | 31 |
| and to assure that all State
departments, boards, commissions | 32 |
| and instrumentalities rigorously take
affirmative action to | 33 |
| provide equality of opportunity and eliminate the
effects of | 34 |
| past discrimination in the internal affairs of State
government |
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| and in their relations with the public.
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| (H) Unfounded Charges. To protect citizens of this State | 3 |
| against
unfounded charges of unlawful discrimination, sexual | 4 |
| harassment in
employment and sexual harassment in higher | 5 |
| education, and discrimination
based on citizenship status in | 6 |
| employment.
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| (Source: P.A. 87-579; 88-178.)
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| (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:
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| (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 | 17 |
| yet 40 years old.
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| (B) Aggrieved Party. "Aggrieved party" means a person who | 19 |
| is alleged
or proved to have been injured by a civil rights | 20 |
| violation or believes he
or she will be injured by a civil | 21 |
| rights violation under Article 3 that is
about to occur.
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| (C) Charge. "Charge" means an allegation filed with the | 23 |
| Department
by an aggrieved party or initiated by the Department | 24 |
| under its
authority.
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| (D) Civil Rights Violation. "Civil rights violation" | 26 |
| includes and
shall be limited to only those specific acts set | 27 |
| forth in Sections
2-102, 2-103, 2-105, 3-102, 3-103, 3-104, | 28 |
| 3-104.1, 3-105, 4-102, 4-103,
5-102, 5A-102 and 6-101 of this | 29 |
| Act.
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| (E) Commission. "Commission" means the Human Rights | 31 |
| Commission
created by this Act.
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| (F) Complaint. "Complaint" means the formal pleading filed | 33 |
| by
the Department with the Commission following an |
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| investigation and
finding of substantial evidence of a civil | 2 |
| rights violation.
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| (G) Complainant. "Complainant" means a person including | 4 |
| the
Department who files a charge of civil rights violation | 5 |
| with the Department or
the Commission.
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| (H) Department. "Department" means the Department of Human | 7 |
| Rights
created by this Act.
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| (I) Handicap. "Handicap" means a determinable physical or | 9 |
| mental
characteristic of a person, including, but not limited | 10 |
| to, a determinable
physical characteristic which necessitates | 11 |
| the person's use of a guide,
hearing or support dog, the | 12 |
| history of such characteristic, or the
perception of such | 13 |
| characteristic by the person complained against, which
may | 14 |
| result from disease, injury, congenital condition of birth or
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| functional disorder and which characteristic:
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| (1) For purposes of Article 2 is unrelated to the | 17 |
| person's ability
to perform the duties of a particular job | 18 |
| or position and, pursuant to
Section 2-104 of this Act, a | 19 |
| person's illegal use of drugs or alcohol is not a
handicap;
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| (2) For purposes of Article 3, is unrelated to the | 21 |
| person's ability
to acquire, rent or maintain a housing | 22 |
| accommodation;
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| (3) For purposes of Article 4, is unrelated to a | 24 |
| person's ability to
repay;
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| (4) For purposes of Article 5, is unrelated to a | 26 |
| person's ability to
utilize and benefit from a place of | 27 |
| public accommodation.
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| (J) Marital Status. "Marital status" means the legal status | 29 |
| of being
married, single, separated, divorced or widowed.
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| (J-1) Military Status. "Military status" means a person's | 31 |
| status on
active duty in the armed forces of the United States, | 32 |
| status as a current member of any
reserve component of the | 33 |
| armed forces of the United States, including the United
States | 34 |
| Army Reserve, United States Marine Corps Reserve, United States |
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| Navy
Reserve, United States Air Force Reserve, and United | 2 |
| States Coast Guard
Reserve, or status as a current member of | 3 |
| the Illinois Army National Guard or Illinois Air National
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| Guard.
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| (K) National Origin. "National origin" means the place in | 6 |
| which a
person or one of his or her ancestors was born.
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| (L) Person. "Person" includes one or more individuals, | 8 |
| partnerships,
associations or organizations, labor | 9 |
| organizations, labor unions, joint
apprenticeship committees, | 10 |
| or union labor associations, corporations, the
State of | 11 |
| Illinois and its instrumentalities, political subdivisions, | 12 |
| units
of local government, legal representatives, trustees in | 13 |
| bankruptcy
or receivers.
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| (M) Public Contract. "Public contract" includes every | 15 |
| contract to which the
State, any of its political subdivisions | 16 |
| or any municipal corporation is a
party.
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| (N) Religion. "Religion" includes all aspects of religious | 18 |
| observance
and practice, as well as belief, except that with | 19 |
| respect to employers, for
the purposes of Article 2, "religion" | 20 |
| has the meaning ascribed to it in
paragraph (F) of Section | 21 |
| 2-101.
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| (O) Sex. "Sex" means the status of being male or female.
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| (O-1) Sexual orientation. "Sexual orientation" means | 24 |
| actual or
perceived heterosexuality, homosexuality, | 25 |
| bisexuality, or gender-related identity,
whether or not | 26 |
| traditionally associated with the person's designated sex at
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| birth. "Sexual orientation" does not include a physical or | 28 |
| sexual attraction to a minor by an adult.
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| (P) Unfavorable Military Discharge. "Unfavorable military | 30 |
| discharge"
includes discharges from the Armed Forces of the | 31 |
| United States, their
Reserve components or any National Guard | 32 |
| or Naval Militia which are
classified as RE-3 or the equivalent | 33 |
| thereof, but does not include those
characterized as RE-4 or | 34 |
| "Dishonorable".
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| (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, handicap, military status, sexual
orientation,
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| or unfavorable
discharge from military service as those terms | 6 |
| are defined in this Section.
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| (Source: P.A. 93-941, eff. 8-16-04.)
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| (775 ILCS 5/3-103) (from Ch. 68, par. 3-103)
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| Sec. 3-103. Blockbusting. ) It is a civil rights violation | 10 |
| for any
person to:
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| (A) Solicitation. Solicit for sale, lease, listing or | 12 |
| purchase any
residential real estate within this State, on the | 13 |
| grounds of loss of
value due to the present or prospective | 14 |
| entry into the vicinity of the
property involved of any person | 15 |
| or persons of any particular race,
color, religion, national | 16 |
| origin, ancestry, age, sex, sexual orientation,
marital | 17 |
| status,
familial status or
handicap.
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| (B) Statements. Distribute or cause to be distributed, | 19 |
| written
material or statements designed to induce any owner of | 20 |
| residential real
estate in this State to sell or lease his or | 21 |
| her property because of any
present or prospective changes in | 22 |
| the race, color, religion, national
origin, ancestry, age, sex, | 23 |
| sexual orientation, marital status, familial
status or | 24 |
| handicap
of residents in
the vicinity of the property involved.
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| (C) Creating Alarm. Intentionally create alarm, among | 26 |
| residents of
any community, by transmitting communications in | 27 |
| any manner, including
a telephone call
whether or not | 28 |
| conversation thereby ensues, with a design to induce any
owner | 29 |
| of residential real estate in this state to sell or lease his | 30 |
| or
her property because of any present or prospective entry | 31 |
| into the
vicinity of the property involved of any person or | 32 |
| persons of any
particular race, color, religion, national | 33 |
| origin, ancestry, age, sex, sexual
orientation, marital
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| status, familial status or handicap.
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| (Source: P.A. 86-910.)
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| (775 ILCS 5/3-106) (from Ch. 68, par. 3-106)
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| Sec. 3-106. Exemptions.) Nothing contained in Section | 5 |
| 3-102 shall
prohibit:
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| (A) Private Sales of Single Family Homes. Any sale of a | 7 |
| single
family home by its owner so long as the following | 8 |
| criteria are met:
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| (1) The owner does not own or have a beneficial | 10 |
| interest in more
than three single family homes at the time | 11 |
| of the sale;
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| (2) The owner or a member of his or her family was the | 13 |
| last current
resident of the home;
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| (3) The home is sold without the use in any manner of | 15 |
| the sales or
rental facilities or services of any real | 16 |
| estate broker or salesman, or
of any employee or agent of | 17 |
| any real estate broker or salesman;
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| (4) The home is sold without the publication, posting | 19 |
| or mailing,
after notice, of any advertisement or written | 20 |
| notice in violation of
paragraph (F) of Section 3-102.
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| (B) Apartments. Rental of a housing accommodation in a | 22 |
| building
which contains housing accommodations for not more | 23 |
| than five families
living independently of each other, if the | 24 |
| lessor or a member of his or
her family resides in one of the | 25 |
| housing accommodations;
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| (C) Private Rooms. Rental of a room or rooms in a private | 27 |
| home by
an owner if he or she or a member of his or her family | 28 |
| resides therein or,
while absent for a period of not more than | 29 |
| twelve months, if he or she or a
member of his or her family | 30 |
| intends to return to reside therein;
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| (D) Reasonable local, State, or Federal restrictions
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| regarding the maximum number of occupants permitted to occupy a | 33 |
| dwelling.
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| (E) Religious Organizations. A religious organization, | 2 |
| association,
or society, or any nonprofit institution or | 3 |
| organization operated,
supervised or controlled by or in | 4 |
| conjunction with a religious
organization, association, or | 5 |
| society, from limiting the sale, rental or
occupancy of a | 6 |
| dwelling which it owns or operates for other than a
commercial | 7 |
| purpose to persons of the same religion, or from giving
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| preference to such persons, unless membership in such religion | 9 |
| is
restricted on account of race, color, or national origin.
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| (F) Sex. Restricting the rental of rooms in a housing | 11 |
| accommodation to
persons of one sex.
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| (G) Persons Convicted of Drug-Related Offenses.
Conduct | 13 |
| against a person because such person has been convicted by
any | 14 |
| court of competent jurisdiction of the illegal manufacture or
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| distribution of a controlled substance as defined in Section | 16 |
| 102 of the
federal Controlled Substances Act (21 U.S.C. 802).
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| (H) Persons engaged in the business of furnishing | 18 |
| appraisals of real
property from taking into consideration | 19 |
| factors other than those based on
unlawful discrimination or | 20 |
| familial status in furnishing appraisals.
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| (H-1) The owner of an owner-occupied residential building | 22 |
| with 5 or
fewer units (including the unit in which the owner | 23 |
| resides) from making
decisions regarding whether to rent to a | 24 |
| person based upon that person's
sexual orientation.
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| (I) Housing for Older Persons. No provision in this Article | 26 |
| regarding
familial status shall apply with respect to housing | 27 |
| for older persons.
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| (1) As used in this Section, "housing for older | 29 |
| persons" means housing:
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| (a) provided under any State or Federal program | 31 |
| that the Department
determines is specifically | 32 |
| designed and operated to assist elderly persons
(as | 33 |
| defined in the State or Federal program); or
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| (b) intended for, and solely occupied by, persons |
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| 62 years of age or
older;
or
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| (c) intended and operated for occupancy by persons | 3 |
| 55 years of age or
older and:
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| (i) at least 80% of the occupied units are | 5 |
| occupied by at
least one person who is 55 years of | 6 |
| age or older;
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| (ii) the housing facility or community | 8 |
| publishes and adheres to
policies and procedures
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| that demonstrate the intent required under this
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| subdivision (c); and
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| (iii) the housing facility or community | 12 |
| complies with rules adopted by
the
Department for | 13 |
| verification of occupancy, which shall:
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| (aa) provide for verification by reliable | 15 |
| surveys and affidavits;
and
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| (bb) include examples of the types of | 17 |
| policies and procedures
relevant to
a | 18 |
| determination of compliance with the | 19 |
| requirement of clause (ii).
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| These surveys and affidavits shall be admissible in | 21 |
| administrative and
judicial proceedings for the purposes of | 22 |
| such verification.
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| (2) Housing shall not fail to meet the requirements for | 24 |
| housing for
older persons by reason of:
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| (a) persons residing in such housing as of the | 26 |
| effective date of this
amendatory Act of 1989 who do | 27 |
| not meet the age requirements of subsections
(1)(b) or | 28 |
| (c); provided, that new occupants of such housing meet | 29 |
| the age
requirements of
subsections (1)(b) or (c) of | 30 |
| this subsection; or
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| (b) unoccupied units; provided, that such units | 32 |
| are reserved for
occupancy by persons who meet the age | 33 |
| requirements of subsections (1)(b)
or (c) of this | 34 |
| subsection.
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| (3) (a) A person shall not be held personally liable | 2 |
| for monetary damages
for a violation of this Article if | 3 |
| the person reasonably relied, in good
faith, on the | 4 |
| application of the exemption under this subsection (I) | 5 |
| relating
to housing for older persons.
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| (b) For the purposes of this item (3), a person may | 7 |
| show good faith
reliance on the application of the | 8 |
| exemption only by showing that:
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| (i) the person has no actual knowledge that the | 10 |
| facility or community
is
not, or will not be, | 11 |
| eligible for the exemption; and
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| (ii) the facility or community has stated | 13 |
| formally, in writing, that
the
facility or | 14 |
| community complies with the requirements for the | 15 |
| exemption.
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| (Source: P.A. 89-520, eff. 7-18-96.)".
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| Submitted on November 17, 2004. | | 18 |
|
Carol Ronen
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Larry McKeon
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| s/Senator Ronen | | s/Representative McKeon | | | 20 |
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John J. Cullerton
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John A. Fritchey
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| s/Senator Cullerton | | s/Representative Fritchey | | | 22 |
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Terry Link
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Lou Lang
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| s/Senator Link | | Representative Lang | | | 24 |
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Edward Petka
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Mark H. Beaubien, Jr.
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| Senator Petka | | s/Representative Beaubien | | | 26 |
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Peter J. Roskam
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Bob Biggins
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| Senator Roskam | | Representative Biggins | | | 28 |
| Committee for the Senate | | Committee for the House | |
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