Illinois General Assembly - Full Text of SB1780
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Full Text of SB1780  101st General Assembly


Rep. Curtis J. Tarver, II

Filed: 5/23/2019





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2    AMENDMENT NO. ______. Amend Senate Bill 1780, AS AMENDED,
3by replacing everything after the enacting clause with the
5    "Section 5. The Illinois Human Rights Act is amended by
6changing Sections 1-103, 2-103, 3-102, and 3-106 and by adding
7Section 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,
10unless the context requires otherwise, the term:
11    (A) Age. "Age" means the chronological age of a person who
12is at least 40 years old, except with regard to any practice
13described in Section 2-102, insofar as that practice concerns
14training or apprenticeship programs. In the case of training or
15apprenticeship 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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1yet 40 years old.
2    (B) Aggrieved party. "Aggrieved party" means a person who
3is alleged or proved to have been injured by a civil rights
4violation or believes he or she will be injured by a civil
5rights 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
13Department by an aggrieved party or initiated by the Department
14under its authority.
15    (D) Civil rights violation. "Civil rights violation"
16includes and shall be limited to only those specific acts set
17forth in Sections 2-102, 2-103, 2-105, 3-102, 3-102.1, 3-103,
183-104, 3-104.1, 3-105, 3-105.1, 4-102, 4-103, 5-102, 5A-102,
196-101, and 6-102 of this Act.
20    (E) Commission. "Commission" means the Human Rights
21Commission created by this Act.
22    (F) Complaint. "Complaint" means the formal pleading filed
23by the Department with the Commission following an
24investigation and finding of substantial evidence of a civil
25rights violation.
26    (G) Complainant. "Complainant" means a person including



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1the Department who files a charge of civil rights violation
2with the Department or the Commission.
3    (H) Department. "Department" means the Department of Human
4Rights created by this Act.
5    (I) Disability. "Disability" means a determinable physical
6or mental characteristic of a person, including, but not
7limited to, a determinable physical characteristic which
8necessitates the person's use of a guide, hearing or support
9dog, the history of such characteristic, or the perception of
10such characteristic by the person complained against, which may
11result from disease, injury, congenital condition of birth or
12functional 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
4of being married, single, separated, divorced, or widowed.
5    (J-1) Military status. "Military status" means a person's
6status on active duty in or status as a veteran of the armed
7forces of the United States, status as a current member or
8veteran of any reserve component of the armed forces of the
9United States, including the United States Army Reserve, United
10States Marine Corps Reserve, United States Navy Reserve, United
11States Air Force Reserve, and United States Coast Guard
12Reserve, or status as a current member or veteran of the
13Illinois Army National Guard or Illinois Air National Guard.
14    (K) National origin. "National origin" means the place in
15which a person or one of his or her ancestors was born.
16    (K-5) "Order of protection status" means a person's status
17as being a person protected under an order of protection issued
18pursuant to the Illinois Domestic Violence Act of 1986, Article
19112A of the Code of Criminal Procedure of 1963, the Stalking No
20Contact Order Act, or the Civil No Contact Order Act, or an
21order of protection issued by a court of another state.
22    (L) Person. "Person" includes one or more individuals,
23partnerships, associations or organizations, labor
24organizations, labor unions, joint apprenticeship committees,
25or union labor associations, corporations, the State of
26Illinois and its instrumentalities, political subdivisions,



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1units of local government, legal representatives, trustees in
2bankruptcy or receivers.
3    (L-5) Pregnancy. "Pregnancy" means pregnancy, childbirth,
4or medical or common conditions related to pregnancy or
6    (M) Public contract. "Public contract" includes every
7contract to which the State, any of its political subdivisions,
8or any municipal corporation is a party.
9    (N) Religion. "Religion" includes all aspects of religious
10observance and practice, as well as belief, except that with
11respect to employers, for the purposes of Article 2, "religion"
12has the meaning ascribed to it in paragraph (F) of Section
14    (O) Sex. "Sex" means the status of being male or female.
15    (O-1) Sexual orientation. "Sexual orientation" means
16actual or perceived heterosexuality, homosexuality,
17bisexuality, or gender-related identity, whether or not
18traditionally associated with the person's designated sex at
19birth. "Sexual orientation" does not include a physical or
20sexual attraction to a minor by an adult.
21    (P) Unfavorable military discharge. "Unfavorable military
22discharge" includes discharges from the Armed Forces of the
23United States, their Reserve components, or any National Guard
24or Naval Militia which are classified as RE-3 or the equivalent
25thereof, but does not include those characterized as RE-4 or



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1    (Q) Unlawful discrimination. "Unlawful discrimination"
2means discrimination against a person because of his or her
3race, color, religion, national origin, ancestry, age, sex,
4marital status, order of protection status, disability,
5military status, sexual orientation, pregnancy, or unfavorable
6discharge from military service as those terms are defined in
7this 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
12rights violation for any employer, employment agency or labor
13organization to inquire into or to use the fact of an arrest or
14criminal history record, as defined under subsection (B-5) of
15Section 1-103, information ordered expunged, sealed or
16impounded under Section 5.2 of the Criminal Identification Act
17as a basis to refuse to hire, to segregate, or to act with
18respect to recruitment, hiring, promotion, renewal of
19employment, selection for training or apprenticeship,
20discharge, discipline, tenure or terms, privileges or
21conditions of employment. This Section does not prohibit a
22State agency, unit of local government or school district, or
23private organization from requesting or utilizing sealed
24felony conviction information obtained from the Department of
25State Police under the provisions of Section 3 of the Criminal



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1Identification Act or under other State or federal laws or
2regulations that require criminal background checks in
3evaluating the qualifications and character of an employee or a
4prospective employee.
5    (B) The prohibition against the use of the fact of an
6arrest record, as defined under paragraph (1) of subsection
7(B-5) of Section 1-103, contained in this Act Section shall not
8be construed to prohibit an employer, employment agency, or
9labor organization from obtaining or using other information
10which indicates that a person actually engaged in the conduct
11for 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
15transactions. It is a civil rights violation for an owner or
16any other person engaging in a real estate transaction, or for
17a real estate broker or salesman, because of unlawful
18discrimination, or familial status, or an arrest record, as
19defined 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
4the use of an arrest record under Section 3-102 shall not
5preclude an owner or any other person engaging in a real estate
6transaction, or a real estate broker or salesman, from
7prohibiting the tenant, a member of the tenant's household, or
8a guest of the tenant from engaging in unlawful activity on the
10    (775 ILCS 5/3-106)  (from Ch. 68, par. 3-106)
11    Sec. 3-106. Exemptions. Nothing contained in Section 3-102
12shall 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
8building which contains housing accommodations for not more
9than 4 families living independently of each other, if the
10owner resides in one of the housing accommodations. This
11exemption does not apply to paragraph (F) of Section 3-102.
12    (C) Private Rooms. Rental of a room or rooms in a private
13home by an owner if he or she or a member of his or her family
14resides therein or, while absent for a period of not more than
15twelve months, if he or she or a member of his or her family
16intends to return to reside therein.
17    (D) Reasonable local, State, or Federal restrictions
18regarding the maximum number of occupants permitted to occupy a
20    (E) Religious Organizations. A religious organization,
21association, or society, or any nonprofit institution or
22organization operated, supervised or controlled by or in
23conjunction with a religious organization, association, or
24society, from limiting the sale, rental or occupancy of a
25dwelling which it owns or operates for other than a commercial
26purpose to persons of the same religion, or from giving



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1preference to such persons, unless membership in such religion
2is restricted on account of race, color, or national origin.
3    (F) Sex. Restricting the rental of rooms in a housing
4accommodation to persons of one sex.
5    (G) Persons Convicted of Drug-Related Offenses. Conduct
6against a person because such person has been convicted by any
7court of competent jurisdiction of the illegal manufacture or
8distribution of a controlled substance as defined in Section
9102 of the federal Controlled Substances Act (21 U.S.C. 802).
10    (H) Persons engaged in the business of furnishing
11appraisals of real property from taking into consideration
12factors other than those based on unlawful discrimination or
13familial status in furnishing appraisals.
14    (H-1) The owner of an owner-occupied residential building
15with 4 or fewer units (including the unit in which the owner
16resides) from making decisions regarding whether to rent to a
17person based upon that person's sexual orientation.
18    (I) Housing for Older Persons. No provision in this Article
19regarding familial status shall apply with respect to housing
20for 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
26sex offender who owns and resides at residential real estate to



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1rent any residential unit within the same building in which he
2or she resides to a person who is the parent or guardian of a
3child or children under 18 years of age.
4    (K) Arrest Records. Inquiry into or the use of an arrest
5record if the inquiry or use is otherwise authorized by State
6or 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
91, 2020.".