Full Text of HB1845 95th General Assembly
HB1845 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB1845
Introduced 2/23/2007, by Rep. Brandon W. Phelps SYNOPSIS AS INTRODUCED:
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Creates the Motorcyclist Public Accommodation Act.
Prohibits any person from restricting an individual's access to, admission to,
or use of a place of public accommodation solely because the individual
operates a motorcycle. Provides that a violation is a petty offense and also
provides for civil penalties. Provides that the Act does not prohibit a person
from restricting an individual's access to, admission to, or use of a place of
public accommodation because the individual's conduct poses a risk to the
health, safety, or property of another.
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A BILL FOR
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HB1845 |
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LRB095 09899 AJO 30110 b |
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| AN ACT concerning civil law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 1. Short title. This Act may be cited as the | | 5 |
| Motorcyclist
Public Accommodation Act.
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| Section 5. Definition. As used in this Act, "place of | | 7 |
| public
accommodation" means a business, accommodation, | | 8 |
| refreshment,
entertainment, recreation, or transportation | | 9 |
| facility of any kind,
whether licensed or not, whose goods, | | 10 |
| services, facilities, privileges,
advantages, or | | 11 |
| accommodations are extended, offered, sold, or otherwise
made | | 12 |
| available to the public. By way of example, but not of | | 13 |
| limitation,
"place of public accommodation" includes | | 14 |
| facilities of the following types:
inns, hotels, motels, | | 15 |
| restaurants, cafes, eating establishments,
taverns, | | 16 |
| roadhouses, barber shops, department stores, clothing stores,
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| shoe stores, bathrooms, restrooms, theaters, skating rinks, | | 18 |
| parking lots and
garages, golf courses and driving ranges, | | 19 |
| concerts, cemeteries, railroads,
buses, airplanes, street | | 20 |
| cars, boats, swimming pools, and other places of
public | | 21 |
| accommodation and amusement.
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| Section 10. Violation. |
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HB1845 |
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LRB095 09899 AJO 30110 b |
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| (a) It is a violation of this Act for any person to | | 2 |
| restrict an individual's
access to, admission to, or use of a | | 3 |
| place of public accommodation solely
because the individual | | 4 |
| operates a motorcycle.
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| (b) This Section does not prohibit a person from | | 6 |
| restricting an individual's
access to, admission to, or use of | | 7 |
| a place of public accommodation because the
individual's | | 8 |
| conduct poses a risk to the health, safety, or property of
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| another.
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| Section 15. Penalty.
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| (a) A person who violates this Act commits a petty offense.
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| (b) In addition to any other penalties that may be imposed | | 13 |
| for a
violation of this Act, a person whose access to, | | 14 |
| admission to, or use
of a place of public accommodation is | | 15 |
| restricted because of a violation of
this Act is entitled to | | 16 |
| the following relief in a civil action against
the person who | | 17 |
| committed the violation:
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| (1) either (i) actual damages or (ii) statutory damages | | 19 |
| of $500, whichever
is greater, for each violation;
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| (2) appropriate injunctive relief to enjoin future | | 21 |
| violations; and
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| (3) costs and reasonable attorney's fees.
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| (c) Each day that a violation of this Act takes place | | 24 |
| constitutes a
separate violation for purposes of assessing | | 25 |
| penalties or damages.
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