Public Act 0147 103RD GENERAL ASSEMBLY

HB2220 Enrolled LRB103 00033 SPS 45033 b

Public Act 103-0147

AN ACT concerning civil law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Innkeeper Protection Act is amended by adding Sections 10 and 11 as follows:

(740 ILCS 90/10 new)

Sec. 10. Refusal of admission. A proprietor or manager of a hotel may refuse to admit or refuse service or accommodations to a person who:

(1) while on the premises of the hotel, destroys or threatens to destroy hotel property or causes or threatens to cause a public disturbance; or

(2) is seeking accommodations for the unlawful possession or use of controlled substances or the use of the premises for the consumption of alcoholic liquor by a person under the age of 21.

(740 ILCS 90/11 new)

Sec. 11. Right to eject.

(a) A proprietor or manager of a hotel may remove or cause to be removed from a hotel a guest or other person who:

(1) refuses to pay for accommodations or services;

(2) while on the premises of the hotel, destroys or threatens to destroy hotel property, verbally or physically threatens employees or guests, or causes or threatens to cause a public disturbance;

(3) is using the premises for the unlawful possession or use of controlled substances by the person or using the premises for the consumption of alcoholic liquor by a person under the age of 21 years of age;

(4) violates any federal, State, or local laws, ordinances, or rules relating to the hotel;

(5) violates a rule of the hotel that is clearly and conspicuously posted at or near the front desk or posted online where the guest can view it before making a reservation at the hotel; or

(6) uses verbally abusive language toward the hotel's employees or guests. As used in this Section, "verbally abusive language" means any language that would reasonably be found to be threatening or demeaning.

(b) If the guest has paid in advance, the proprietor or manager of a hotel shall tender to the guest any unused portion of the advance payment at the time of removal.

(c) Nothing in this Section shall be used as a pretext to discriminate against a guest on the basis of characteristics protected under local, State, or federal antidiscrimination laws. This Section does not limit any rights or protections that a guest or other person may have under local, State, or federal antidiscrimination or civil rights laws.

(d) A proprietor or manager of a hotel shall not eject a guest while the area the hotel is located in is under a severe weather warning without first giving a verbal or written warning to the guest that the guest may be ejected for the guest's behavior. As used in this subsection, "severe weather warning" means a tornado warning, severe thunderstorm warning, flash flood warning, or winter storm warning issued by the National Weather Service.

(e) Nothing in this Section shall be used as a pretext to terminate a month-to-month, yearly, or any other term lease, written or oral, of a permanent resident. A proprietor or manager of a hotel shall not terminate the lease of a permanent resident without first going through the appropriate legal process required to lawfully terminate such lease. This Section does not limit any rights or protections a permanent resident may have under local, State, or federal landlord or tenant laws or fair housing laws.

Section 99. Effective date. This Act takes effect 60 days after becoming law.