Full Text of SB2256 95th General Assembly
SB2256ham001 95TH GENERAL ASSEMBLY
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Human Services Committee
Filed: 5/21/2008
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LRB095 18027 AJO 51268 a |
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| AMENDMENT TO SENATE BILL 2256
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| AMENDMENT NO. ______. Amend Senate Bill 2256 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Illinois Human Rights Act is amended by | 5 |
| changing Sections 5-101 and 5-102.1 and by adding Section | 6 |
| 5-102.2 as follows:
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| (775 ILCS 5/5-101) (from Ch. 68, par. 5-101)
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| Sec. 5-101. Definitions) The following definitions are | 9 |
| applicable
strictly in the context of this Article:
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| (A) Place of Public Accommodation. "Place of public
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| accommodation" includes, but is not limited to:
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| (1) an inn, hotel, motel, or other place of lodging, | 13 |
| except
for an establishment located within a building that | 14 |
| contains
not more than 5 units for rent or hire and that is | 15 |
| actually
occupied by the proprietor of such establishment | 16 |
| as the
residence of such proprietor; |
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| (2) a restaurant, bar, or other establishment serving | 2 |
| food or
drink; | 3 |
| (3) a motion picture house, theater, concert hall, | 4 |
| stadium,
or other place of exhibition or entertainment; | 5 |
| (4) an auditorium, convention center, lecture hall, or | 6 |
| other
place of public gathering; | 7 |
| (5) a bakery, grocery store, clothing store, hardware | 8 |
| store,
shopping center, or other sales or rental | 9 |
| establishment; | 10 |
| (6) a laundromat, dry-cleaner, bank, barber shop, | 11 |
| beauty
shop, travel service, shoe repair service, funeral | 12 |
| parlor, gas
station, office of an accountant or lawyer, | 13 |
| pharmacy, insurance
office, professional office of a | 14 |
| health care provider,
hospital, or other service | 15 |
| establishment; | 16 |
| (7) public conveyances on air, water, or land;
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| (8) a terminal, depot, or other station used for | 18 |
| specified
public transportation; | 19 |
| (9) a museum, library, gallery, or other place of | 20 |
| public
display or collection; | 21 |
| (10) a park, zoo, amusement park, or other place of
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| recreation; | 23 |
| (11) a non-sectarian nursery, day care center, | 24 |
| elementary, secondary, undergraduate, or postgraduate | 25 |
| school, or other place of education in regard to the | 26 |
| failure to enroll an individual or the denial of access to |
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| its facilities, goods, or services, except that the | 2 |
| Department shall not have jurisdiction over
charges | 3 |
| involving curriculum content, course content, or course | 4 |
| offerings, conduct of the class by the teacher or | 5 |
| instructor, or any activity within the classroom or | 6 |
| connected with a class activity such as physical education ; | 7 |
| (12) a senior citizen center, homeless
shelter, food | 8 |
| bank, non-sectarian adoption agency, or other social | 9 |
| service
center establishment; and | 10 |
| (13) a gymnasium, health spa, bowling alley, golf | 11 |
| course, or
other place of exercise or recreation.
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| (B) Operator. "Operator" means any owner, lessee, | 13 |
| proprietor,
manager, superintendent, agent, or occupant of a | 14 |
| place of public
accommodation or an employee of any such person | 15 |
| or persons.
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| (C) Public Official. "Public official" means any officer or | 17 |
| employee
of the state or any agency thereof, including state | 18 |
| political subdivisions,
municipal corporations, park | 19 |
| districts, forest preserve districts, educational
institutions | 20 |
| and schools.
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| Notwithstanding any other rulemaking authority that may | 22 |
| exist, neither the Governor nor any agency or agency head under | 23 |
| the jurisdiction of the Governor has any authority to make or | 24 |
| promulgate rules to implement or enforce the provisions of this | 25 |
| amendatory Act of the 95th General Assembly. If, however, the | 26 |
| Governor believes that rules are necessary to implement or |
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| enforce the provisions of this amendatory Act of the 95th | 2 |
| General Assembly, the Governor may suggest rules to the General | 3 |
| Assembly by filing them with the Clerk of the House and | 4 |
| Secretary of the Senate and by requesting that the General | 5 |
| Assembly authorize such rulemaking by law, enact those | 6 |
| suggested rules into law, or take any other appropriate action | 7 |
| in the General Assembly's discretion. Nothing contained in this | 8 |
| amendatory Act of the 95th General Assembly shall be | 9 |
| interpreted to grant rulemaking authority under any other | 10 |
| Illinois statute where such authority is not otherwise | 11 |
| explicitly given. For the purposes of this Section, "rules" is | 12 |
| given the meaning contained in Section 1-70 of the Illinois | 13 |
| Administrative Procedure Act, and "agency" and "agency head" | 14 |
| are given the meanings contained in Sections 1-20 and 1-25 of | 15 |
| the Illinois Administrative Procedure Act to the extent that | 16 |
| such definitions apply to agencies or agency heads under the | 17 |
| jurisdiction of the Governor. | 18 |
| (Source: P.A. 95-668, eff. 10-10-07.)
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| (775 ILCS 5/5-102.1) | 20 |
| Sec. 5-102.1. No Civil Rights Violation: Public | 21 |
| Accommodations. | 22 |
| (a) It is not a civil rights violation for a medical, | 23 |
| dental, or other health care professional or a private | 24 |
| professional service provider such as a lawyer, accountant, or | 25 |
| insurance agent to refer or refuse to treat or provide services |
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| to an individual in a protected class for any | 2 |
| non-discriminatory reason if, in the normal course of his or | 3 |
| her operations or business, the professional would for the same | 4 |
| reason refer or refuse to treat or provide services to an | 5 |
| individual who is not in the protected class of the individual | 6 |
| who seeks or
requires the same or similar treatment or | 7 |
| services.
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| (b) With respect to a place of public accommodation defined | 9 |
| in paragraph (11) of Section 5-101, the exercise of free | 10 |
| speech, free expression, free exercise of religion or | 11 |
| expression of religiously based views by any individual or | 12 |
| group of individuals that is protected under the First | 13 |
| Amendment to the United States Constitution or under Section 3 | 14 |
| of Article I, or Section 4 of Article I, of the Illinois | 15 |
| Constitution, shall not be a civil rights violation. | 16 |
| (Source: P.A. 95-668, eff. 10-10-07.) | 17 |
| (775 ILCS 5/5-102.2 new) | 18 |
| Sec. 5-102.2. Jurisdiction limited. In regard to places of | 19 |
| public accommodation defined in paragraph (11) of Section | 20 |
| 5-101, the jurisdiction of the Department is limited to: (1) | 21 |
| the failure to enroll an individual; (2) the denial of access | 22 |
| to facilities, goods, or services; (3) harassment, bullying, or | 23 |
| similar acts against an individual; or (4) the failure of a | 24 |
| covered entity to take corrective action to stop harassment, | 25 |
| bullying, or similar acts against an individual. |
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| Notwithstanding any other rulemaking authority that may | 2 |
| exist, neither the Governor nor any agency or agency head under | 3 |
| the jurisdiction of the Governor has any authority to make or | 4 |
| promulgate rules to implement or enforce the provisions of this | 5 |
| amendatory Act of the 95th General Assembly. If, however, the | 6 |
| Governor believes that rules are necessary to implement or | 7 |
| enforce the provisions of this amendatory Act of the 95th | 8 |
| General Assembly, the Governor may suggest rules to the General | 9 |
| Assembly by filing them with the Clerk of the House and | 10 |
| Secretary of the Senate and by requesting that the General | 11 |
| Assembly authorize such rulemaking by law, enact those | 12 |
| suggested rules into law, or take any other appropriate action | 13 |
| in the General Assembly's discretion. Nothing contained in this | 14 |
| amendatory Act of the 95th General Assembly shall be | 15 |
| interpreted to grant rulemaking authority under any other | 16 |
| Illinois statute where such authority is not otherwise | 17 |
| explicitly given. For the purposes of this Section, "rules" is | 18 |
| given the meaning contained in Section 1-70 of the Illinois | 19 |
| Administrative Procedure Act, and "agency" and "agency head" | 20 |
| are given the meanings contained in Sections 1-20 and 1-25 of | 21 |
| the Illinois Administrative Procedure Act to the extent that | 22 |
| such definitions apply to agencies or agency heads under the | 23 |
| jurisdiction of the Governor.
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| Section 99. Effective date. This Act takes effect upon | 25 |
| becoming law.".
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