Full Text of SB3271 103rd General Assembly
SB3271 103RD GENERAL ASSEMBLY | | | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 SB3271 Introduced 2/6/2024, by Sen. Mike Simmons SYNOPSIS AS INTRODUCED: | | 775 ILCS 5/1-103 | from Ch. 68, par. 1-103 | 775 ILCS 5/3-107 new | |
| Amends the Illinois Human Rights Act. Defines "source of income" as the lawful manner by which an individual supports himself or herself and his or her dependents including, but not limited to, any lawful source of income or rental assistance from any federal, State, local, or nonprofit-administered benefit or subsidy program including, but not limited to, the Housing Choice Voucher program. Provides that, upon the request of a public housing authority, the Department of Human Rights must conduct an investigation into allegations of a violation as prohibited by the Act affecting source of income and housing choice voucher discrimination, and, if the Department finds such a source of income and housing choice voucher discrimination, it shall initiate enforcement action against each violator under specified provisions of the Act. |
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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 3-107 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 | | 3-102.10, 3-104.1, 3-105, 3-105.1, 4-102, 4-103, 5-102, | 10 | | 5A-102, 6-101, 6-101.5, 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 | | (G-5) Conviction record. "Conviction record" means | 21 | | information indicating that a person has been convicted of a | 22 | | felony, misdemeanor or other criminal offense, placed on | 23 | | probation, fined, imprisoned, or paroled pursuant to any law | 24 | | enforcement or military authority. | 25 | | (H) Department. "Department" means the Department of Human | 26 | | Rights created by this Act. |
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| 1 | | (I) Disability. | 2 | | (1) "Disability" means a determinable physical or mental | 3 | | characteristic of a person, including, but not limited to, a | 4 | | determinable physical characteristic which necessitates the | 5 | | person's use of a guide, hearing or support dog, the history of | 6 | | such characteristic, or the perception of such characteristic | 7 | | by the person complained against, which may result from | 8 | | disease, injury, congenital condition of birth or functional | 9 | | disorder and which characteristic: | 10 | | (a) For purposes of Article 2, is unrelated to the | 11 | | person's ability to perform the duties of a particular job | 12 | | or position and, pursuant to Section 2-104 of this Act, a | 13 | | person's illegal use of drugs or alcohol is not a | 14 | | disability; | 15 | | (b) For purposes of Article 3, is unrelated to the | 16 | | person's ability to acquire, rent, or maintain a housing | 17 | | accommodation; | 18 | | (c) For purposes of Article 4, is unrelated to a | 19 | | person's ability to repay; | 20 | | (d) For purposes of Article 5, is unrelated to a | 21 | | person's ability to utilize and benefit from a place of | 22 | | public accommodation; | 23 | | (e) For purposes of Article 5, also includes any | 24 | | mental, psychological, or developmental disability, | 25 | | including autism spectrum disorders. | 26 | | (2) Discrimination based on disability includes unlawful |
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| 1 | | discrimination against an individual because of the | 2 | | individual's association with a person with a disability. | 3 | | (J) Marital status. "Marital status" means the legal | 4 | | status of being married, single, separated, divorced, or | 5 | | widowed. | 6 | | (J-1) Military status. "Military status" means a person's | 7 | | status on active duty in or status as a veteran of the armed | 8 | | forces of the United States, status as a current member or | 9 | | veteran of any reserve component of the armed forces of the | 10 | | United States, including the United States Army Reserve, | 11 | | United States Marine Corps Reserve, United States Navy | 12 | | Reserve, United States Air Force Reserve, and United States | 13 | | Coast Guard Reserve, or status as a current member or veteran | 14 | | of the Illinois Army National Guard or Illinois Air National | 15 | | Guard. | 16 | | (K) National origin. "National origin" means the place in | 17 | | which a person or one of his or her ancestors was born. | 18 | | (K-5) "Order of protection status" means a person's status | 19 | | as being a person protected under an order of protection | 20 | | issued pursuant to the Illinois Domestic Violence Act of 1986, | 21 | | Article 112A of the Code of Criminal Procedure of 1963, the | 22 | | Stalking No Contact Order Act, or the Civil No Contact Order | 23 | | Act, or an order of protection issued by a court of another | 24 | | state. | 25 | | (L) Person. "Person" includes one or more individuals, | 26 | | partnerships, associations or organizations, labor |
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| 1 | | organizations, labor unions, joint apprenticeship committees, | 2 | | or union labor associations, corporations, the State of | 3 | | Illinois and its instrumentalities, political subdivisions, | 4 | | units of local government, legal representatives, trustees in | 5 | | bankruptcy or receivers. | 6 | | (L-5) Pregnancy. "Pregnancy" means pregnancy, childbirth, | 7 | | or medical or common conditions related to pregnancy or | 8 | | childbirth. | 9 | | (M) Public contract. "Public contract" includes every | 10 | | contract to which the State, any of its political | 11 | | subdivisions, or any municipal corporation is a party. | 12 | | (M-5) Race. "Race" includes traits associated with race, | 13 | | including, but not limited to, hair texture and protective | 14 | | hairstyles such as braids, locks, and twists. | 15 | | (N) Religion. "Religion" includes all aspects of religious | 16 | | observance and practice, as well as belief, except that with | 17 | | respect to employers, for the purposes of Article 2, | 18 | | "religion" has the meaning ascribed to it in paragraph (F) of | 19 | | Section 2-101. | 20 | | (O) Sex. "Sex" means the status of being male or female. | 21 | | (O-1) Sexual orientation. "Sexual orientation" means | 22 | | actual or perceived heterosexuality, homosexuality, | 23 | | bisexuality, or gender-related identity, whether or not | 24 | | traditionally associated with the person's designated sex at | 25 | | birth. "Sexual orientation" does not include a physical or | 26 | | sexual attraction to a minor by an adult. |
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| 1 | | (O-5) Source of income. "Source of income" means the | 2 | | lawful manner by which an individual supports himself or | 3 | | herself and his or her dependents including, but not limited | 4 | | to, any lawful source of income or rental assistance from any | 5 | | federal, State, local, or nonprofit-administered benefit or | 6 | | subsidy program including, but not limited to, the Housing | 7 | | Choice Voucher program . | 8 | | (P) Unfavorable military discharge. "Unfavorable military | 9 | | discharge" includes discharges from the Armed Forces of the | 10 | | United States, their Reserve components, or any National Guard | 11 | | or Naval Militia which are classified as RE-3 or the | 12 | | equivalent thereof, but does not include those characterized | 13 | | as RE-4 or "Dishonorable". | 14 | | (Q) Unlawful discrimination. "Unlawful discrimination" | 15 | | means discrimination against a person because of his or her | 16 | | actual or perceived: race, color, religion, national origin, | 17 | | ancestry, age, sex, marital status, order of protection | 18 | | status, disability, military status, sexual orientation, | 19 | | pregnancy, or unfavorable discharge from military service as | 20 | | those terms are defined in this Section. | 21 | | (Source: P.A. 102-362, eff. 1-1-22; 102-419, eff. 1-1-22; | 22 | | 102-558, eff. 8-20-21; 102-813, eff. 5-13-22; 102-896, eff. | 23 | | 1-1-23; 102-1102, eff. 1-1-23; 103-154, eff. 6-30-23.) | 24 | | (775 ILCS 5/3-107 new) | 25 | | Sec. 3-107. Housing choice voucher discrimination |
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| 1 | | investigation. | 2 | | (a) Upon the request of a public housing authority, the | 3 | | Department shall conduct an investigation into violations of | 4 | | Section 3-102, specifically source of income and housing | 5 | | choice voucher discrimination, in the area served by the | 6 | | public housing authority. | 7 | | (b) Upon a finding of source of income and housing choice | 8 | | voucher discrimination in violation of Section 3-102, the | 9 | | Department shall initiate enforcement action against each | 10 | | violator pursuant to Article 7B. |
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