Full Text of SB0202 102nd General Assembly
SB0202 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 SB0202 Introduced 2/17/2021, 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 it is a civil rights violation to offer a group or individual policy of accident and health insurance, including coverage against disablement or death, 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 | 13 | | or 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 | 5 | | Department 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
| 2 | | may result from disease, injury, congenital condition of birth | 3 | | or
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 | 21 | | status of being
married, single, separated, divorced, or | 22 | | widowed.
| 23 | | (J-1) Military status. "Military status" means a person's | 24 | | status on
active duty in or status as a veteran of the armed | 25 | | forces of the United States, status as a current member or | 26 | | veteran of any
reserve component of the armed forces of the |
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| 1 | | United States, including the United
States Army Reserve, | 2 | | United States Marine Corps Reserve, United States Navy
| 3 | | Reserve, United States Air Force Reserve, and United States | 4 | | Coast Guard
Reserve, or status as a current member or veteran | 5 | | of the Illinois Army National Guard or Illinois Air National
| 6 | | Guard.
| 7 | | (K) National origin. "National origin" means the place in | 8 | | which a
person or one of his or her ancestors was born.
| 9 | | (K-5) "Order of protection status" means a person's status | 10 | | as being a person protected under an order of protection | 11 | | issued pursuant to the Illinois Domestic Violence Act of 1986, | 12 | | Article 112A of the Code of Criminal Procedure of 1963, the | 13 | | Stalking No Contact Order Act, or the Civil No Contact Order | 14 | | Act, or an order of protection issued by a court of another | 15 | | state. | 16 | | (L) Person. "Person" includes one or more individuals, | 17 | | partnerships,
associations or organizations, labor | 18 | | organizations, labor unions, joint
apprenticeship committees, | 19 | | or union labor associations, corporations, the
State of | 20 | | Illinois and its instrumentalities, political subdivisions, | 21 | | units
of local government, legal representatives, trustees in | 22 | | bankruptcy , or receivers , or companies as defined in | 23 | | subsection (e) of Section 2 of the Illinois Insurance Code .
| 24 | | (L-5) Pregnancy. "Pregnancy" means pregnancy, childbirth, | 25 | | or medical or common conditions related to pregnancy or | 26 | | childbirth. |
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| 1 | | (M) Public contract. "Public contract" includes every | 2 | | contract to which the
State, any of its political | 3 | | subdivisions, or any municipal corporation is a
party.
| 4 | | (N) Religion. "Religion" includes all aspects of religious | 5 | | observance
and practice, as well as belief, except that with | 6 | | respect to employers, for
the purposes of Article 2, | 7 | | "religion" has the meaning ascribed to it in
paragraph (F) of | 8 | | Section 2-101.
| 9 | | (O) Sex. "Sex" means the status of being male or female.
| 10 | | (O-1) Sexual orientation. "Sexual orientation" means | 11 | | actual or
perceived heterosexuality, homosexuality, | 12 | | bisexuality, or gender-related identity,
whether or not | 13 | | traditionally associated with the person's designated sex at
| 14 | | birth. "Sexual orientation" does not include a physical or | 15 | | sexual attraction to a minor by an adult.
| 16 | | (P) Unfavorable military discharge. "Unfavorable military | 17 | | discharge"
includes discharges from the Armed Forces of the | 18 | | United States, their
Reserve components, or any National Guard | 19 | | or Naval Militia which are
classified as RE-3 or the | 20 | | equivalent thereof, but does not include those
characterized | 21 | | as RE-4 or "Dishonorable".
| 22 | | (Q) Unlawful discrimination. "Unlawful discrimination" | 23 | | means discrimination
against a person because of his or her | 24 | | actual or perceived: race, color, religion, national origin,
| 25 | | ancestry, age, sex, marital status, order of protection | 26 | | status, disability, military status, sexual
orientation, |
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| 1 | | pregnancy,
or unfavorable
discharge from military service as | 2 | | those terms are defined in this Section.
| 3 | | (Source: P.A. 100-714, eff. 1-1-19; 101-81, eff. 7-12-19; | 4 | | 101-221, eff. 1-1-20; 101-565, eff. 1-1-20; revised 9-18-19.)
| 5 | | (775 ILCS 5/6-103 new) | 6 | | Sec. 6-103. Insurance coverage. It is a civil rights | 7 | | violation within the meaning of this Act for a person to offer | 8 | | a group or individual policy of accident and health insurance, | 9 | | including coverage against disablement or death, that does not | 10 | | include equal terms and conditions of coverage for the | 11 | | treatment of a mental, emotional, nervous, or substance use | 12 | | disorder or condition or a history thereof. | 13 | | As used in this Section, "mental, emotional, nervous, or | 14 | | substance use disorder or condition" has the meaning provided | 15 | | in subsection (g) of Section 370c.1 of the Illinois Insurance | 16 | | Code.
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