Full Text of SB3670 101st General Assembly
SB3670 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 SB3670 Introduced 2/14/2020, by Sen. Julie A. Morrison SYNOPSIS AS INTRODUCED: |
| 775 ILCS 5/1-103 | from Ch. 68, par. 1-103 | 775 ILCS 5/6-103 new | |
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Amends the Illinois Human Rights Act. Provides that a person that offers a group or individual policy of accident and health insurance, including coverage against disablement or death, commits a civil rights violation under the Act by offering coverage that does not include equal terms and conditions of coverage for the treatment of a mental, emotional, nervous, or substance use disorder or condition or a history thereof. Makes a conforming change.
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| | A BILL FOR |
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| 1 | | AN ACT concerning human rights.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Human Rights Act is amended by | 5 | | changing Section 1-103 and by adding Section 6-103 as follows: | 6 | | (775 ILCS 5/1-103) (from Ch. 68, par. 1-103) | 7 | | Sec. 1-103. General definitions. When used in this Act, | 8 | | unless the
context requires otherwise, the term:
| 9 | | (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.
| 16 | | (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.
| 20 | | (B-5) Arrest record. "Arrest record" means: | 21 | | (1) an arrest not leading to a conviction; | 22 | | (2) a juvenile record; or | 23 | | (3) criminal history record information ordered |
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| 1 | | expunged, sealed, or impounded under Section 5.2 of the | 2 | | Criminal Identification Act. | 3 | | (C) Charge. "Charge" means an allegation filed with the | 4 | | Department
by an aggrieved party or initiated by the Department | 5 | | under its
authority.
| 6 | | (D) Civil rights violation. "Civil rights violation" | 7 | | includes and
shall be limited to only those specific acts set | 8 | | forth in Sections
2-102, 2-103, 2-105, 3-102, 3-102.1, 3-103, | 9 | | 3-104, 3-104.1, 3-105, 3-105.1, 4-102, 4-103,
5-102, 5A-102, | 10 | | 6-101, and 6-102 of this Act.
| 11 | | (E) Commission. "Commission" means the Human Rights | 12 | | Commission
created by this Act.
| 13 | | (F) Complaint. "Complaint" means the formal pleading filed | 14 | | by
the Department with the Commission following an | 15 | | investigation and
finding of substantial evidence of a civil | 16 | | rights violation.
| 17 | | (G) Complainant. "Complainant" means a person including | 18 | | the
Department who files a charge of civil rights violation | 19 | | with the Department or
the Commission.
| 20 | | (H) Department. "Department" means the Department of Human | 21 | | Rights
created by this Act.
| 22 | | (I) Disability. "Disability" means a determinable physical | 23 | | or mental
characteristic of a person, including, but not | 24 | | limited to, a determinable
physical characteristic which | 25 | | necessitates the person's use of a guide,
hearing or support | 26 | | dog, the history of such characteristic, or the
perception of |
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| 1 | | such characteristic by the person complained against, which
may | 2 | | result from disease, injury, congenital condition of birth or
| 3 | | functional disorder and which characteristic:
| 4 | | (1) For purposes of Article 2, is unrelated to the | 5 | | person's ability
to perform the duties of a particular job | 6 | | or position and, pursuant to
Section 2-104 of this Act, a | 7 | | person's illegal use of drugs or alcohol is not a
| 8 | | disability;
| 9 | | (2) For purposes of Article 3, is unrelated to the | 10 | | person's ability
to acquire, rent, or maintain a housing | 11 | | accommodation;
| 12 | | (3) For purposes of Article 4, is unrelated to a | 13 | | person's ability to
repay;
| 14 | | (4) For purposes of Article 5, is unrelated to a | 15 | | person's ability to
utilize and benefit from a place of | 16 | | public accommodation;
| 17 | | (5) For purposes of Article 5, also includes any | 18 | | mental, psychological, or developmental disability, | 19 | | including autism spectrum disorders. | 20 | | (J) Marital status. "Marital status" means the legal status | 21 | | of being
married, single, separated, divorced, or widowed.
| 22 | | (J-1) Military status. "Military status" means a person's | 23 | | status on
active duty in or status as a veteran of the armed | 24 | | forces of the United States, status as a current member or | 25 | | veteran of any
reserve component of the armed forces of the | 26 | | United States, including the United
States Army Reserve, United |
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| 1 | | States Marine Corps Reserve, United States Navy
Reserve, United | 2 | | States Air Force Reserve, and United States Coast Guard
| 3 | | Reserve, or status as a current member or veteran of the | 4 | | Illinois Army National Guard or Illinois Air National
Guard.
| 5 | | (K) National origin. "National origin" means the place in | 6 | | which a
person or one of his or her ancestors was born.
| 7 | | (K-5) "Order of protection status" means a person's status | 8 | | as being a person protected under an order of protection issued | 9 | | pursuant to the Illinois Domestic Violence Act of 1986, Article | 10 | | 112A of the Code of Criminal Procedure of 1963, the Stalking No | 11 | | Contact Order Act, or the Civil No Contact Order Act, or an | 12 | | order of protection issued by a court of another state. | 13 | | (L) Person. "Person" includes one or more individuals, | 14 | | partnerships,
associations or organizations, labor | 15 | | organizations, labor unions, joint
apprenticeship committees, | 16 | | or union labor associations, corporations, the
State of | 17 | | Illinois and its instrumentalities, political subdivisions, | 18 | | units
of local government, legal representatives, trustees in | 19 | | bankruptcy , or receivers , or companies as defined in subsection | 20 | | (e) of Section 2 of the Illinois Insurance Code .
| 21 | | (L-5) Pregnancy. "Pregnancy" means pregnancy, childbirth, | 22 | | or medical or common conditions related to pregnancy or | 23 | | childbirth. | 24 | | (M) Public contract. "Public contract" includes every | 25 | | contract to which the
State, any of its political subdivisions, | 26 | | or any municipal corporation is a
party.
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| 1 | | (N) Religion. "Religion" includes all aspects of religious | 2 | | observance
and practice, as well as belief, except that with | 3 | | respect to employers, for
the purposes of Article 2, "religion" | 4 | | has the meaning ascribed to it in
paragraph (F) of Section | 5 | | 2-101.
| 6 | | (O) Sex. "Sex" means the status of being male or female.
| 7 | | (O-1) Sexual orientation. "Sexual orientation" means | 8 | | actual or
perceived heterosexuality, homosexuality, | 9 | | bisexuality, or gender-related identity,
whether or not | 10 | | traditionally associated with the person's designated sex at
| 11 | | birth. "Sexual orientation" does not include a physical or | 12 | | sexual attraction to a minor by an adult.
| 13 | | (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".
| 19 | | (Q) Unlawful discrimination. "Unlawful discrimination" | 20 | | means discrimination
against a person because of his or her | 21 | | actual or perceived: race, color, religion, national origin,
| 22 | | ancestry, age, sex, marital status, order of protection status, | 23 | | disability, military status, sexual
orientation, pregnancy,
or | 24 | | unfavorable
discharge from military service as those terms are | 25 | | defined in this Section.
| 26 | | (Source: P.A. 100-714, eff. 1-1-19; 101-81, eff. 7-12-19; |
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| 1 | | 101-221, eff. 1-1-20; 101-565, eff. 1-1-20; revised 9-18-19.)
| 2 | | (775 ILCS 5/6-103 new) | 3 | | Sec. 6-103. Insurance coverage. A person that offers a | 4 | | group or individual policy of accident and health insurance, | 5 | | including coverage against disablement or death, commits a | 6 | | civil rights violation within the meaning of this Act by | 7 | | offering coverage that does not include equal terms and | 8 | | conditions of coverage for the treatment of a mental, | 9 | | emotional, nervous, or substance use disorder or condition or a | 10 | | history thereof. | 11 | | As used in this Section, "mental, emotional, nervous, or | 12 | | substance use disorder or condition" has the meaning provided | 13 | | in subsection (g) of Section 370c.1 of the Illinois Insurance | 14 | | Code.
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