Bill Text: IL HB2547 | 2009-2010 | 96th General Assembly | Enrolled

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2009-11-03 - Public Act . . . . . . . . . 96-0814 [HB2547 Detail]

Download: Illinois-2009-HB2547-Enrolled.html

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AN ACT concerning civil law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Human Rights Act is amended by
changing Sections 5-101 and 5-102.1 and by adding Section
5-102.2 as follows:
(775 ILCS 5/5-101) (from Ch. 68, par. 5-101)
Sec. 5-101. Definitions) The following definitions are
applicable strictly in the context of this Article:
(A) Place of Public Accommodation. "Place of public
accommodation" includes, but is not limited to:
(1) an inn, hotel, motel, or other place of lodging,
except for an establishment located within a building that
contains not more than 5 units for rent or hire and that is
actually occupied by the proprietor of such establishment
as the residence of such proprietor;
(2) a restaurant, bar, or other establishment serving
food or drink;
(3) a motion picture house, theater, concert hall,
stadium, or other place of exhibition or entertainment;
(4) an auditorium, convention center, lecture hall, or
other place of public gathering;
(5) a bakery, grocery store, clothing store, hardware

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store, shopping center, or other sales or rental
establishment;
(6) a laundromat, dry-cleaner, bank, barber shop,
beauty shop, travel service, shoe repair service, funeral
parlor, gas station, office of an accountant or lawyer,
pharmacy, insurance office, professional office of a
health care provider, hospital, or other service
establishment;
(7) public conveyances on air, water, or land;
(8) a terminal, depot, or other station used for
specified public transportation;
(9) a museum, library, gallery, or other place of
public display or collection;
(10) a park, zoo, amusement park, or other place of
recreation;
(11) a non-sectarian nursery, day care center,
elementary, secondary, undergraduate, or postgraduate
school, or other place of education 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;
(12) a senior citizen center, homeless shelter, food

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bank, non-sectarian adoption agency, or other social
service center establishment; and
(13) a gymnasium, health spa, bowling alley, golf
course, or other place of exercise or recreation.
(B) Operator. "Operator" means any owner, lessee,
proprietor, manager, superintendent, agent, or occupant of a
place of public accommodation or an employee of any such person
or persons.
(C) Public Official. "Public official" means any officer or
employee of the state or any agency thereof, including state
political subdivisions, municipal corporations, park
districts, forest preserve districts, educational institutions
and schools.
(Source: P.A. 95-668, eff. 10-10-07.)
(775 ILCS 5/5-102.1)
Sec. 5-102.1. No Civil Rights Violation: Public
Accommodations.
(a) It is not a civil rights violation for a medical,
dental, or other health care professional or a private
professional service provider such as a lawyer, accountant, or
insurance agent to refer or refuse to treat or provide services
to an individual in a protected class for any
non-discriminatory reason if, in the normal course of his or
her operations or business, the professional would for the same
reason refer or refuse to treat or provide services to an

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individual who is not in the protected class of the individual
who seeks or requires the same or similar treatment or
services.
(b) With respect to a place of public accommodation defined
in paragraph (11) of Section 5-101, 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 Section 3
of Article I, or Section 4 of Article I, of the Illinois
Constitution, shall not be a civil rights violation.
(Source: P.A. 95-668, eff. 10-10-07.)
(775 ILCS 5/5-102.2 new)
Sec. 5-102.2. Jurisdiction limited. In regard to places of
public accommodation defined in paragraph (11) of Section
5-101, 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; or (3) severe or pervasive
harassment of an individual when the covered entity fails to
take corrective action to stop the severe or pervasive
harassment.
Section 99. Effective date. This Act takes effect January
1, 2010.