Text of IL HB 2547 (2009)

96TH GENERAL ASSEMBLY State of Illinois 2009 and 2010 HB2547 Introduced 2/20/2009, by Rep. John A. Fritchey SYNOPSIS AS INTRODUCED: 775 ILCS 5/5-101 from Ch. 68, par. 5-101 775 ILCS 5/5-102.1 775 ILCS 5/5-102.2 new Amends the Illinois Human Rights Act. Provides that with respect to a non-sectarian nursery, day care center, school, or other place of education that is a place of public accommodation, as defined in the Act: (a) the exercise of free speech, free expression, free exercise of religion or expression of religiously based views by any individual or group of individuals that is protected under the First Amendment to the United States Constitution or under Article I of the Illinois Constitution, shall not be a civil rights violation; and (b) the jurisdiction of the Department is limited to: (1) the failure to enroll an individual; (2) the denial of access to facilities, goods, or services; (3) harassment, bullying, or similar acts against an individual; or (4) the failure of a covered entity to take corrective action to stop harassment, bullying, or similar acts against an individual (instead of in regard to the failure to enroll an individual or the denial of access to its facilities, goods, or services, except that the Department shall not have jurisdiction over charges involving curriculum content, course content, or course offerings, conduct of the class by the teacher or instructor, or any activity within the classroom or connected with a class activity such as physical education). Effective immediately. LRB096 04297 AJO 14343 b A BILL FOR HB2547 LRB096 04297 AJO 14343 b 1 AN ACT concerning civil law. 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 Sections 5-101 and 5-102.1 and by adding Section 6 5-102.2 as follows: 7 (775 ILCS 5/5-101) (from Ch. 68, par. 5-101) 8 Sec. 5-101. Definitions) The following definitions are 9 applicable strictly in the context of this Article: 10 (A) Place of Public Accommodation. "Place of public 11 accommodation" includes, but is not limited to: 12 (1) an inn, hotel, motel, or other place of lodging, 13 except for an establishment located within a building that 14 contains not more than 5 units for rent or hire and that is 15 actually occupied by the proprietor of such establishment 16 as the residence of such proprietor; 17 (2) a restaurant, bar, or other establishment serving 18 food or drink; 19 (3) a motion picture house, theater, concert hall, 20 stadium, or other place of exhibition or entertainment; 21 (4) an auditorium, convention center, lecture hall, or 22 other place of public gathering; 23 (5) a bakery, grocery store, clothing store, hardware HB2547 - 2 - LRB096 04297 AJO 14343 b 1 store, shopping center, or other sales or rental 2 establishment; 3 (6) a laundromat, dry-cleaner, bank, barber shop, 4 beauty shop, travel service, shoe repair service, funeral 5 parlor, gas station, office of an accountant or lawyer, 6 pharmacy, insurance office, professional office of a 7 health care provider, hospital, or other service 8 establishment; 9 (7) public conveyances on air, water, or land; 10 (8) a terminal, depot, or other station used for 11 specified public transportation; 12 (9) a museum, library, gallery, or other place of 13 public display or collection; 14 (10) a park, zoo, amusement park, or other place of 15 recreation; 16 (11) a non-sectarian nursery, day care center, 17 elementary, secondary, undergraduate, or postgraduate 18 school, or other place of education in regard to the 19 failure to enroll an individual or the denial of access to 20 its facilities, goods, or services, except that the 21 Department shall not have jurisdiction over charges 22 involving curriculum content, course content, or course 23 offerings, conduct of the class by the teacher or 24 instructor, or any activity within the classroom or 25 connected with a class activity such as physical education; 26 (12) a senior citizen center, homeless shelter, food HB2547 - 3 - LRB096 04297 AJO 14343 b 1 bank, non-sectarian adoption agency, or other social 2 service center establishment; and 3 (13) a gymnasium, health spa, bowling alley, golf 4 course, or other place of exercise or recreation. 5 (B) Operator. "Operator" means any owner, lessee, 6 proprietor, manager, superintendent, agent, or occupant of a 7 place of public accommodation or an employee of any such person 8 or persons. 9 (C) Public Official. "Public official" means any officer or 10 employee of the state or any agency thereof, including state 11 political subdivisions, municipal corporations, park 12 districts, forest preserve districts, educational institutions 13 and schools. 14 (Source: P.A. 95-668, eff. 10-10-07.) 15 (775 ILCS 5/5-102.1) 16 Sec. 5-102.1. No Civil Rights Violation: Public 17 Accommodations. 18 (a) It is not a civil rights violation for a medical, 19 dental, or other health care professional or a private 20 professional service provider such as a lawyer, accountant, or 21 insurance agent to refer or refuse to treat or provide services 22 to an individual in a protected class for any 23 non-discriminatory reason if, in the normal course of his or 24 her operations or business, the professional would for the same 25 reason refer or refuse to treat or provide services to an HB2547 - 4 - LRB096 04297 AJO 14343 b 1 individual who is not in the protected class of the individual 2 who seeks or requires the same or similar treatment or 3 services. 4 (b) With respect to a place of public accommodation defined 5 in paragraph (11) of Section 5-101, the exercise of free 6 speech, free expression, free exercise of religion or 7 expression of religiously based views by any individual or 8 group of individuals that is protected under the First 9 Amendment to the United States Constitution or under Section 3 10 of Article I, or Section 4 of Article I, of the Illinois 11 Constitution, shall not be a civil rights violation. 12 (Source: P.A. 95-668, eff. 10-10-07.) 13 (775 ILCS 5/5-102.2 new) 14 Sec. 5-102.2. Jurisdiction limited. In regard to places of 15 public accommodation defined in paragraph (11) of Section 16 5-101, the jurisdiction of the Department is limited to: (1) 17 the failure to enroll an individual; (2) the denial of access 18 to facilities, goods, or services; (3) harassment, bullying, or 19 similar acts against an individual; or (4) the failure of a 20 covered entity to take corrective action to stop harassment, 21 bullying, or similar acts against an individual. 22 Section 99. Effective date. This Act takes effect upon 23 becoming law.

HB2547 Enrolled LRB096 04297 AJO 14343 b 1 AN ACT concerning civil law. 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 Sections 5-101 and 5-102.1 and by adding Section 6 5-102.2 as follows: 7 (775 ILCS 5/5-101) (from Ch. 68, par. 5-101) 8 Sec. 5-101. Definitions) The following definitions are 9 applicable strictly in the context of this Article: 10 (A) Place of Public Accommodation. "Place of public 11 accommodation" includes, but is not limited to: 12 (1) an inn, hotel, motel, or other place of lodging, 13 except for an establishment located within a building that 14 contains not more than 5 units for rent or hire and that is 15 actually occupied by the proprietor of such establishment 16 as the residence of such proprietor; 17 (2) a restaurant, bar, or other establishment serving 18 food or drink; 19 (3) a motion picture house, theater, concert hall, 20 stadium, or other place of exhibition or entertainment; 21 (4) an auditorium, convention center, lecture hall, or 22 other place of public gathering; 23 (5) a bakery, grocery store, clothing store, hardware HB2547 Enrolled - 2 - LRB096 04297 AJO 14343 b 1 store, shopping center, or other sales or rental 2 establishment; 3 (6) a laundromat, dry-cleaner, bank, barber shop, 4 beauty shop, travel service, shoe repair service, funeral 5 parlor, gas station, office of an accountant or lawyer, 6 pharmacy, insurance office, professional office of a 7 health care provider, hospital, or other service 8 establishment; 9 (7) public conveyances on air, water, or land; 10 (8) a terminal, depot, or other station used for 11 specified public transportation; 12 (9) a museum, library, gallery, or other place of 13 public display or collection; 14 (10) a park, zoo, amusement park, or other place of 15 recreation; 16 (11) a non-sectarian nursery, day care center, 17 elementary, secondary, undergraduate, or postgraduate 18 school, or other place of education in regard to the 19 failure to enroll an individual or the denial of access to 20 its facilities, goods, or services, except that the 21 Department shall not have jurisdiction over charges 22 involving curriculum content, course content, or course 23 offerings, conduct of the class by the teacher or 24 instructor, or any activity within the classroom or 25 connected with a class activity such as physical education; 26 (12) a senior citizen center, homeless shelter, food HB2547 Enrolled - 3 - LRB096 04297 AJO 14343 b 1 bank, non-sectarian adoption agency, or other social 2 service center establishment; and 3 (13) a gymnasium, health spa, bowling alley, golf 4 course, or other place of exercise or recreation. 5 (B) Operator. "Operator" means any owner, lessee, 6 proprietor, manager, superintendent, agent, or occupant of a 7 place of public accommodation or an employee of any such person 8 or persons. 9 (C) Public Official. "Public official" means any officer or 10 employee of the state or any agency thereof, including state 11 political subdivisions, municipal corporations, park 12 districts, forest preserve districts, educational institutions 13 and schools. 14 (Source: P.A. 95-668, eff. 10-10-07.) 15 (775 ILCS 5/5-102.1) 16 Sec. 5-102.1. No Civil Rights Violation: Public 17 Accommodations. 18 (a) It is not a civil rights violation for a medical, 19 dental, or other health care professional or a private 20 professional service provider such as a lawyer, accountant, or 21 insurance agent to refer or refuse to treat or provide services 22 to an individual in a protected class for any 23 non-discriminatory reason if, in the normal course of his or 24 her operations or business, the professional would for the same 25 reason refer or refuse to treat or provide services to an HB2547 Enrolled - 4 - LRB096 04297 AJO 14343 b 1 individual who is not in the protected class of the individual 2 who seeks or requires the same or similar treatment or 3 services. 4 (b) With respect to a place of public accommodation defined 5 in paragraph (11) of Section 5-101, the exercise of free 6 speech, free expression, free exercise of religion or 7 expression of religiously based views by any individual or 8 group of individuals that is protected under the First 9 Amendment to the United States Constitution or under Section 3 10 of Article I, or Section 4 of Article I, of the Illinois 11 Constitution, shall not be a civil rights violation. 12 (Source: P.A. 95-668, eff. 10-10-07.) 13 (775 ILCS 5/5-102.2 new) 14 Sec. 5-102.2. Jurisdiction limited. In regard to places of 15 public accommodation defined in paragraph (11) of Section 16 5-101, the jurisdiction of the Department is limited to: (1) 17 the failure to enroll an individual; (2) the denial of access 18 to facilities, goods, or services; or (3) severe or pervasive 19 harassment of an individual when the covered entity fails to 20 take corrective action to stop the severe or pervasive 21 harassment. 22 Section 99. Effective date. This Act takes effect January 23 1, 2010.