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

    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.


LRB101 20081 LNS 69613 b

 

 

A BILL FOR

 

SB3670LRB101 20081 LNS 69613 b

1    AN ACT concerning human rights.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Human Rights Act is amended by
5changing 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,
8unless the context requires otherwise, the term:
9    (A) Age. "Age" means the chronological age of a person who
10is at least 40 years old, except with regard to any practice
11described in Section 2-102, insofar as that practice concerns
12training or apprenticeship programs. In the case of training or
13apprenticeship programs, for the purposes of Section 2-102,
14"age" means the chronological age of a person who is 18 but not
15yet 40 years old.
16    (B) Aggrieved party. "Aggrieved party" means a person who
17is alleged or proved to have been injured by a civil rights
18violation or believes he or she will be injured by a civil
19rights 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
4Department by an aggrieved party or initiated by the Department
5under its authority.
6    (D) Civil rights violation. "Civil rights violation"
7includes and shall be limited to only those specific acts set
8forth in Sections 2-102, 2-103, 2-105, 3-102, 3-102.1, 3-103,
93-104, 3-104.1, 3-105, 3-105.1, 4-102, 4-103, 5-102, 5A-102,
106-101, and 6-102 of this Act.
11    (E) Commission. "Commission" means the Human Rights
12Commission created by this Act.
13    (F) Complaint. "Complaint" means the formal pleading filed
14by the Department with the Commission following an
15investigation and finding of substantial evidence of a civil
16rights violation.
17    (G) Complainant. "Complainant" means a person including
18the Department who files a charge of civil rights violation
19with the Department or the Commission.
20    (H) Department. "Department" means the Department of Human
21Rights created by this Act.
22    (I) Disability. "Disability" means a determinable physical
23or mental characteristic of a person, including, but not
24limited to, a determinable physical characteristic which
25necessitates the person's use of a guide, hearing or support
26dog, the history of such characteristic, or the perception of

 

 

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1such characteristic by the person complained against, which may
2result from disease, injury, congenital condition of birth or
3functional 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
21of being married, single, separated, divorced, or widowed.
22    (J-1) Military status. "Military status" means a person's
23status on active duty in or status as a veteran of the armed
24forces of the United States, status as a current member or
25veteran of any reserve component of the armed forces of the
26United States, including the United States Army Reserve, United

 

 

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1States Marine Corps Reserve, United States Navy Reserve, United
2States Air Force Reserve, and United States Coast Guard
3Reserve, or status as a current member or veteran of the
4Illinois Army National Guard or Illinois Air National Guard.
5    (K) National origin. "National origin" means the place in
6which a person or one of his or her ancestors was born.
7    (K-5) "Order of protection status" means a person's status
8as being a person protected under an order of protection issued
9pursuant to the Illinois Domestic Violence Act of 1986, Article
10112A of the Code of Criminal Procedure of 1963, the Stalking No
11Contact Order Act, or the Civil No Contact Order Act, or an
12order of protection issued by a court of another state.
13    (L) Person. "Person" includes one or more individuals,
14partnerships, associations or organizations, labor
15organizations, labor unions, joint apprenticeship committees,
16or union labor associations, corporations, the State of
17Illinois and its instrumentalities, political subdivisions,
18units of local government, legal representatives, trustees in
19bankruptcy, 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,
22or medical or common conditions related to pregnancy or
23childbirth.
24    (M) Public contract. "Public contract" includes every
25contract to which the State, any of its political subdivisions,
26or any municipal corporation is a party.

 

 

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1    (N) Religion. "Religion" includes all aspects of religious
2observance and practice, as well as belief, except that with
3respect to employers, for the purposes of Article 2, "religion"
4has the meaning ascribed to it in paragraph (F) of Section
52-101.
6    (O) Sex. "Sex" means the status of being male or female.
7    (O-1) Sexual orientation. "Sexual orientation" means
8actual or perceived heterosexuality, homosexuality,
9bisexuality, or gender-related identity, whether or not
10traditionally associated with the person's designated sex at
11birth. "Sexual orientation" does not include a physical or
12sexual attraction to a minor by an adult.
13    (P) Unfavorable military discharge. "Unfavorable military
14discharge" includes discharges from the Armed Forces of the
15United States, their Reserve components, or any National Guard
16or Naval Militia which are classified as RE-3 or the equivalent
17thereof, but does not include those characterized as RE-4 or
18"Dishonorable".
19    (Q) Unlawful discrimination. "Unlawful discrimination"
20means discrimination against a person because of his or her
21actual or perceived: race, color, religion, national origin,
22ancestry, age, sex, marital status, order of protection status,
23disability, military status, sexual orientation, pregnancy, or
24unfavorable discharge from military service as those terms are
25defined in this Section.
26(Source: P.A. 100-714, eff. 1-1-19; 101-81, eff. 7-12-19;

 

 

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1101-221, 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
4group or individual policy of accident and health insurance,
5including coverage against disablement or death, commits a
6civil rights violation within the meaning of this Act by
7offering coverage that does not include equal terms and
8conditions of coverage for the treatment of a mental,
9emotional, nervous, or substance use disorder or condition or a
10history thereof.
11    As used in this Section, "mental, emotional, nervous, or
12substance use disorder or condition" has the meaning provided
13in subsection (g) of Section 370c.1 of the Illinois Insurance
14Code.