HB4192 102ND GENERAL ASSEMBLY

LRB102 21157 LNS 30167 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB4192

Introduced 10/26/2021, by Rep. Ann M. Williams

SYNOPSIS AS INTRODUCED:

New Act

Creates the Community Oversight of Vaccination Deception (COViD) Act. Provides that a person shall be held strictly liable for possessing, issuing, delivering, using, altering, or making a false document that is apparently capable of defrauding another with the intent to falsely suggest or aver that a person has been vaccinated for COVID-19. Allows the following to bring a civil action against any person or entity that violates the Act: (1) any private individual; (2) any person or entity that hosts an event requiring a COVID-19 vaccination as a condition of admission or an event at which a person is required to present a document indicating that the person has been vaccinated for COVID-19; (3) any venue, establishment, bar, or restaurant that requires proof of a COVID-19 vaccination as a condition of entry; or (4) any employer, academic institution, or business that requires proof of a COVID-19 vaccination as a condition of admission or employment. Requires the court to award a prevailing claimant: (1) injunctive relief; (2) statutory damages in an amount of not less than $10,000; and (3) costs and attorney's fees. Provides for various limitations.

A BILL FOR

AN ACT concerning civil law.

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

Section 1. Short title. This Act may be cited as the Community Oversight of Vaccination Deception (COViD) Act.

Section 5. Liability.

(a) A person shall be held strictly liable for possessing, issuing, delivering, using, altering, or making a false document that is apparently capable of defrauding another with the intent to falsely suggest or aver that a person has been vaccinated for COVID-19.

(b) The following may bring a civil action against any person or entity that violates this Act:

(1) any private individual;

(2) any person or entity that hosts an event requiring a COVID-19 vaccination as a condition of admission or an event at which a person is required to present a document indicating that the person has been vaccinated for COVID-19;

(3) any venue, establishment, bar, or restaurant that requires proof of a COVID-19 vaccination as a condition of entry; or

(4) any employer, academic institution, or business that requires proof of a COVID-19 vaccination as a condition of admission or employment.

Section 10. Damages. If a claimant prevails in an action brought under this Act, the court shall award:

(1) injunctive relief sufficient to prevent the defendant from violating this Act;

(2) statutory damages in an amount of not less than $10,000; and

(3) costs and attorney's fees.

Section 15. Limitations.

(a) Notwithstanding any other law, the following are not defenses to an action brought under this Act:

(1) ignorance or mistake of law;

(2) a defendant's belief that the requirements of this Act are unconstitutional or were unconstitutional;

(3) a defendant's reliance on any court decision that has been overruled on appeal or by a subsequent court, even if that court decision had not been overruled when the defendant engaged in conduct that violates this Act;

(4) a defendant's reliance on any State or federal court decision that is not binding on the court in which the action has been brought;

(5) nonmutual issue preclusion or nonmutual claim preclusion;

(6) the consent of the other party; or

(7) any claim that the enforcement of this Act or the imposition of civil liability against the defendant will violate the constitutional rights of third parties.

(b) The requirements of this Act shall be enforced exclusively through the private civil actions described in this Act. No enforcement of this Act may be taken or threatened by this State, a political subdivision, a State's Attorney, or an executive or administrative officer or employee of this State or a political subdivision.

(c) A court may not award relief under this Act if the defendant demonstrates that the defendant previously paid the full amount of statutory damages under this Act in a previous action for that particular violation.

(d) A person may bring an action under this Act within 4 years from the date of violation.

Section 20. Venue. A civil action brought under this Act shall be brought in:

(1) the county in which all or a substantial part of the events or omissions giving rise to the claim occurred;

(2) the county or residence of any one of the natural person defendants at the time of the cause of action accrued;

(3) the county of the principal office in this State of any of the defendants that is not a natural person; or

(4) the county or residence for the claimant if the claimant is a natural person residing in this State.

If a civil action is brought under this Act in any one of the venues described in this Act, the action may not be transferred to a different venue without the written consent of all parties.

Section 97. Severability. The provisions of this Act are severable under Section 1.31 of the Statute on Statutes.