Full Text of SB3165 093rd General Assembly
SB3165 93RD GENERAL ASSEMBLY
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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004 SB3165
Introduced 2/6/2004, by Ira I. Silverstein SYNOPSIS AS INTRODUCED: |
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775 ILCS 5/1-103 |
from Ch. 68, par. 1-103 |
775 ILCS 5/3-104.1 |
from Ch. 68, par. 3-104.1 |
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Amends provisions of the Illinois Human Rights Act making it a civil rights violation for the owner or agent of any housing accommodation to:
refuse to sell or rent property to a blind, hearing impaired, or physically handicapped person because he or she has a guide, hearing, or support dog;
discriminate against such a person in the terms, conditions, or privileges of sale or rental property because the person has such a dog; or
require, because such a person has such a dog, an extra charge in a lease, rental agreement, or contract of purchase or sale, other than for actual damage. Provides that the same prohibitions also apply with respect to a mentally handicapped person who has such a dog. Provides that conditions requiring the assistance of such a dog shall be medically documented upon request. Effective January 1, 2005.
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A BILL FOR
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SB3165 |
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LRB093 20456 WGH 46242 b |
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| AN ACT concerning human rights.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Human Rights Act is amended by | 5 |
| changing Sections 1-103 and 3-104.1 as follows:
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| (775 ILCS 5/1-103) (from Ch. 68, par. 1-103)
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| Sec. 1-103. General Definitions. When used in this Act, | 8 |
| unless the
context requires otherwise, the term:
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| (A) Age. "Age" means the chronological age of a person who | 10 |
| is at least
40 years old, except with regard to any practice | 11 |
| described in Section
2-102, insofar as that practice concerns | 12 |
| training or apprenticeship
programs. In the case of training or | 13 |
| apprenticeship programs, for the
purposes of Section 2-102, | 14 |
| "age" means the chronological age of a person
who is 18 but not | 15 |
| yet 40 years old.
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| (B) Aggrieved Party. "Aggrieved party" means a person who | 17 |
| is alleged
or proved to have been injured by a civil rights | 18 |
| violation or believes he
or she will be injured by a civil | 19 |
| rights violation under Article 3 that is
about to occur.
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| (C) Charge. "Charge" means an allegation filed with the | 21 |
| Department
by an aggrieved party or initiated by the Department | 22 |
| under its
authority.
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| (D) Civil Rights Violation. "Civil rights violation" | 24 |
| includes and
shall be limited to only those specific acts set | 25 |
| forth in Sections
2-102, 2-103, 2-105, 3-102, 3-103, 3-104, | 26 |
| 3-104.1, 3-105, 4-102, 4-103,
5-102, 5A-102 and 6-101 of this | 27 |
| Act.
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| (E) Commission. "Commission" means the Human Rights | 29 |
| Commission
created by this Act.
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| (F) Complaint. "Complaint" means the formal pleading filed | 31 |
| by
the Department with the Commission following an | 32 |
| investigation and
finding of substantial evidence of a civil |
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| rights violation.
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| (G) Complainant. "Complainant" means a person including | 3 |
| the
Department who files a charge of civil rights violation | 4 |
| with the Department or
the Commission.
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| (H) Department. "Department" means the Department of Human | 6 |
| Rights
created by this Act.
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| (I) Handicap. "Handicap" means a determinable physical or | 8 |
| mental
characteristic of a person, including, but not limited | 9 |
| to, a determinable
mental or physical characteristic which | 10 |
| necessitates the person's use of a guide,
hearing or support | 11 |
| dog, the history of such characteristic, or the
perception of | 12 |
| such characteristic by the person complained against, which
may | 13 |
| 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 | 16 |
| person's ability
to perform the duties of a particular job | 17 |
| or position and, pursuant to
Section 2-104 of this Act, a | 18 |
| 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 | 20 |
| person's ability
to acquire, rent or maintain a housing | 21 |
| accommodation;
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| (3) For purposes of Article 4, is unrelated to a | 23 |
| person's ability to
repay;
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| (4) For purposes of Article 5, is unrelated to a | 25 |
| person's ability to
utilize and benefit from a place of | 26 |
| public accommodation.
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| (J) Marital Status. "Marital status" means the legal status | 28 |
| of being
married, single, separated, divorced or widowed.
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| (J-1) Military Status. "Military status" means a person's | 30 |
| status on
active duty in the armed forces of the United States.
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| (K) National Origin. "National origin" means the place in | 32 |
| which a
person or one of his or her ancestors was born.
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| (L) Person. "Person" includes one or more individuals, | 34 |
| partnerships,
associations or organizations, labor | 35 |
| organizations, labor unions, joint
apprenticeship committees, | 36 |
| or union labor associations, corporations, the
State of |
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| Illinois and its instrumentalities, political subdivisions, | 2 |
| units
of local government, legal representatives, trustees in | 3 |
| bankruptcy
or receivers.
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| (M) Public Contract. "Public contract" includes every | 5 |
| contract to which the
State, any of its political subdivisions | 6 |
| or any municipal corporation is a
party.
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| (N) Religion. "Religion" includes all aspects of religious | 8 |
| observance
and practice, as well as belief, except that with | 9 |
| respect to employers, for
the purposes of Article 2, "religion" | 10 |
| has the meaning ascribed to it in
paragraph (F) of Section | 11 |
| 2-101.
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| (O) Sex. "Sex" means the status of being male or female.
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| (P) Unfavorable Military Discharge. "Unfavorable military | 14 |
| discharge"
includes discharges from the Armed Forces of the | 15 |
| United States, their
Reserve components or any National Guard | 16 |
| or Naval Militia which are
classified as RE-3 or the equivalent | 17 |
| thereof, but does not include those
characterized as RE-4 or | 18 |
| "Dishonorable".
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| (Q) Unlawful Discrimination. "Unlawful discrimination" | 20 |
| means discrimination
against a person because of his or her | 21 |
| race, color, religion, national origin,
ancestry, age, sex, | 22 |
| marital status, handicap, military status, or unfavorable
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| discharge from military service as those terms are defined in | 24 |
| this Section.
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| (Source: P.A. 88-178; 88-180; 88-670, eff. 12-2-94.)
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| (775 ILCS 5/3-104.1) (from Ch. 68, par. 3-104.1)
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| Sec. 3-104.1. Refusal to sell or rent because a person has | 28 |
| a guide,
hearing or support dog. It is a civil rights violation | 29 |
| for the
owner or agent of any housing accommodation to:
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| (A) refuse to sell or rent after the making of a bonafide | 31 |
| offer, or to
refuse to negotiate for the sale or rental of, or | 32 |
| otherwise make unavailable
or deny property to any blind, | 33 |
| hearing impaired or mentally or physically
handicapped person | 34 |
| because he has a guide, hearing or support dog; or
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| (B) discriminate against any blind, hearing impaired or |
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| mentally or physically
handicapped person in the terms, | 2 |
| conditions, or privileges of sale or
rental property, or in the | 3 |
| provision of services or facilities in connection
therewith, | 4 |
| because he has a guide, hearing or support dog; or
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| (C) require, because a blind, hearing impaired or mentally | 6 |
| or physically
handicapped person has a guide, hearing or | 7 |
| support dog,
an extra charge in a lease, rental agreement, or | 8 |
| contract of purchase or
sale, other than for actual damage done | 9 |
| to the premises by the dog.
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| Conditions requiring the assistance of a guide, hearing, or | 11 |
| support dog shall be medically documented upon request.
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| (Source: P.A. 83-93.)
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| Section 99. Effective date. This Act takes effect January | 14 |
| 1, 2005.
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