State of Illinois
92nd General Assembly
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92_HB1039ham001

 










                                             LRB9207252WHcsam

 1                    AMENDMENT TO HOUSE BILL 1039

 2        AMENDMENT NO.     .  Amend House Bill 1039  by  replacing
 3    the title with the following:
 4        "AN ACT concerning public accommodations."; and

 5    by  replacing  everything  after the enacting clause with the
 6    following:

 7        "Section 1.  Short title. This Act may be  cited  as  the
 8    Motorcyclist Public Accommodation Act.

 9        Section  5.  Definition.  As  used in this Act, "place of
10    public  accommodation"  means  a   business,   accommodation,
11    refreshment,  entertainment,  recreation,  or  transportation
12    facility  of  any kind, whether licensed or not, whose goods,
13    services,    facilities,    privileges,    advantages,     or
14    accommodations are extended, offered, sold, or otherwise made
15    available  to  the  public.   By  way  of example, but not of
16    limitation,  "place   of   public   accommodation"   includes
17    facilities  of  the  following  types:  inns, hotels, motels,
18    restaurants,   cafes,   eating    establishments,    taverns,
19    roadhouses, barber shops, department stores, clothing stores,
20    shoe  stores,  bathrooms, restrooms, theaters, skating rinks,
21    parking lots and garages, golf courses  and  driving  ranges,
 
                            -2-              LRB9207252WHcsam
 1    concerts,  cemeteries,  railroads,  buses,  airplanes, street
 2    cars, boats, swimming  pools,  and  other  places  of  public
 3    accommodation and amusement.

 4        Section 10.  Violation.
 5        (a)  It  is  a  violation  of  this Act for any person to
 6    restrict an individual's access to, admission to, or use of a
 7    place of public accommodation solely because  the  individual
 8    operates a motorcycle.
 9        (b)  This   Section  does  not  prohibit  a  person  from
10    restricting an individual's access to, admission to,  or  use
11    of  a  place of public accommodation because the individual's
12    conduct poses a risk to the health, safety,  or  property  of
13    another.

14        Section 15.  Penalty.
15        (a)  A  person  who  violates  this  Act  commits a petty
16    offense.
17        (b)  In addition to  any  other  penalties  that  may  be
18    imposed  for  a  violation of this Act, a person whose access
19    to, admission to, or use of a place of  public  accommodation
20    is  restricted because of a violation of this Act is entitled
21    to the following relief in a civil action against the  person
22    who committed the violation:
23             (1)  either  (i)  actual  damages  or (ii) statutory
24        damages  of  $500,  whichever  is   greater,   for   each
25        violation;
26             (2)  appropriate  injunctive relief to enjoin future
27        violations; and
28             (3)  costs and reasonable attorney's fees.
29        (c)  Each day that a violation of this  Act  takes  place
30    constitutes  a  separate  violation for purposes of assessing
31    penalties or damages.".

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