Equip for Equality

Advancing the Human & Civil Rights of People with Disabilities in Illinois

Equip for Equality: Advancing the Human & Civil Rights of People with Disabilities in Illinois
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Addendum to Legislative Update for May 18, 2007

The following are some of the more significant disability related bills filed in the Illinois General Assembly this session which are scheduled to be heard in committee during the week of May 21, 2007:

House Judiciary I-Civil Law Committee
May 25, 2007, 8:30 a.m.
Capitol Building, Room 114
Springfield, IL

SB 234, chief sponsor, Representative David R. Leitch
Amends the Mental Health and Developmental Disabilities Code. Provides that "person subject to involuntary admission" includes (i) a person with mental illness and who because of his or her illness is reasonably expected to engage in dangerous conduct (instead of reasonably expected to inflict serious physical harm upon himself or herself or another in the near future) and (ii) a person with mental illness who, because of the nature of his or her illness, is unable to understand his or her need for treatment and who, if not treated, is reasonably expected to suffer or continue to suffer mental deterioration or emotional deterioration, or both, to the point that the person is reasonably expected to engage in dangerous conduct. Defines "dangerous conduct" as threatening behavior or conduct that places another individual in reasonable expectation of being harmed, or a person's inability to provide, without the assistance of family or outside help, for his or her basic physical needs so as to guard himself or herself from serious harm.

SB 593, chief sponsor, Representative John A. Fritchey
Amends the Illinois Human Rights Act. Provides that references throughout the Act to people with a disability will be by use of the term "person with a disability" or the term "disabled" (at present, "handicapped"). In the definition of "place of public accommodation", deletes the existing examples and inserts language listing facilities that are considered public accommodations for purposes of the Article. Provides that the definition of public accommodation includes but is not limited to the designated facilities or businesses. Provides that it is a civil rights violation to deny or refuse full and equal enjoyment of goods of any place of public accommodation.

Provides that 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 individual who is not in the protected class of the individual who seeks or requires the same or similar treatment or services.

Provides that the Department of Human Rights' (DHR) jurisdiction over public accommodations, which includes schools, does not include jurisdiction over charges involving educational curriculum content, course content, or course offerings. Provides that a place of public accommodation includes 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 DHR 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.

NOTE: If you wish to take any action regarding any of these bills, you may wish to attend the committee hearing and/or contact the sponsor(s) of the bill, the members of the committee hearing the bill, and/or the legislators in your home district. The names, addresses, and telephone numbers of all legislators, both Representatives and Senators, can be found on the Illinois General Assembly website at: www.ilga.gov. You may also check this website to find out if any of the committee hearing dates or times have been changed (which may happen upon very short notice) and to read the full text of the bills.