Full Text of SB2945 97th General Assembly
SB2945ham001 97TH GENERAL ASSEMBLY | Rep. Michael G. Connelly Filed: 5/24/2012
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| 1 | | AMENDMENT TO SENATE BILL 2945
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2945 on page 1, | 3 | | immediately below line 3, by inserting the following:
| 4 | | "Section 3. The Smoke Free Illinois Act is amended by | 5 | | changing Sections 40 and 65 as follows: | 6 | | (410 ILCS 82/40)
| 7 | | Sec. 40. Enforcement; complaints. | 8 | | (a) The Department, State-certified local public health | 9 | | departments, and local law enforcement agencies shall enforce | 10 | | the provisions of this Act through the issuance of citations | 11 | | and may assess fines pursuant to Section 45 of this Act , except | 12 | | that in a home rule municipality that has a local public health | 13 | | department, this Act shall be enforced exclusively by the | 14 | | municipality's local public health department or police | 15 | | department or both . | 16 | | (a-2) The citations issued pursuant to this Act shall |
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| 1 | | conspicuously include the following: | 2 | | (1) the name of the offense and its statutory | 3 | | reference; | 4 | | (2) the nature and elements of the violation; | 5 | | (3) the date and location of the violation; | 6 | | (4) the name of the enforcing agency; | 7 | | (5) the name of the violator; | 8 | | (6) the amount of the imposed fine and the location | 9 | | where the violator can pay the fine without objection; | 10 | | (7) the address and phone number of the enforcing | 11 | | agency where the violator can request a hearing before the | 12 | | Department to contest the imposition of the fine imposed by | 13 | | the citation under the rules and procedures of the | 14 | | Administrative Procedure Act; | 15 | | (8) the time period in which to pay the fine or to | 16 | | request a hearing to contest the imposition of the fine | 17 | | imposed by the citation; and | 18 | | (9) the verified signature of the person issuing the | 19 | | citation. | 20 | | (a-3) One copy of the citation shall be provided to the | 21 | | violator, one copy shall be retained by the enforcing agency, | 22 | | and one copy shall be provided to the entity otherwise | 23 | | authorized by the enforcing agency to receive fines on their | 24 | | behalf. | 25 | | (b) Any person may register a complaint with the | 26 | | Department, a State-certified local public health department, |
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| 1 | | or a local law enforcement agency for a violation of this Act. | 2 | | The Department shall establish a telephone number that a person | 3 | | may call to register a complaint under this subsection (b).
| 4 | | (c) The Department shall afford a violator the opportunity | 5 | | to pay the fine without objection or to contest the citation in | 6 | | accordance with the Illinois Administrative Procedure Act, | 7 | | except that in case of a conflict between the Illinois | 8 | | Administrative Procedure Act and this Act, the provisions of | 9 | | this Act shall control. | 10 | | (d) Upon receipt of a request for hearing to contest the | 11 | | imposition of a fine imposed by a citation, the enforcing | 12 | | agency shall immediately forward a copy of the citation and | 13 | | notice of the request for hearing to the Department for | 14 | | initiation of a hearing conducted in accordance with the | 15 | | Illinois Administrative Procedure Act and the rules | 16 | | established thereto by the Department applicable to contested | 17 | | cases, except that in case of a conflict between the Illinois | 18 | | Administrative Procedure Act and this Act, the provisions of | 19 | | this Act shall control. Parties to the hearing shall be the | 20 | | enforcing agency and the violator. | 21 | | The Department shall notify the violator in writing of the | 22 | | time, place, and location of the hearing. The hearing shall be | 23 | | conducted at the nearest regional office of the Department, or | 24 | | in a location contracted by the Department in the county where | 25 | | the citation was issued. | 26 | | (e) Fines imposed under this Act may be collected in |
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| 1 | | accordance with all methods otherwise available to the | 2 | | enforcing agency or the Department, except that there shall be | 3 | | no collection efforts during the pendency of the hearing before | 4 | | the Department. | 5 | | (f) Rulemaking authority to implement this amendatory Act | 6 | | of the 95th General Assembly, if any, is conditioned on the | 7 | | rules being adopted in accordance with all provisions of the | 8 | | Illinois Administrative Procedure Act and all rules and | 9 | | procedures of the Joint Committee on Administrative Rules; any | 10 | | purported rule not so adopted, for whatever reason, is | 11 | | unauthorized. | 12 | | (Source: P.A. 95-17, eff. 1-1-08; 95-1029, eff. 2-4-09.) | 13 | | (410 ILCS 82/65)
| 14 | | Sec. 65. Home rule and other local regulation. | 15 | | (a) Any home rule
unit
of local government, any non-home | 16 | | rule municipality, or any non-home rule county within the | 17 | | unincorporated territory of the county
may regulate smoking in | 18 | | public places, but that regulation
must be no less restrictive | 19 | | than this Act. This subsection (a)
is a limitation on the | 20 | | concurrent exercise of home rule power under subsection
(i) of | 21 | | Section 6 of Article VII of the Illinois Constitution.
| 22 | | (b) In addition to any regulation authorized under | 23 | | subsection (a) or authorized under home rule powers, any home | 24 | | rule unit of local government, any non-home rule municipality, | 25 | | or any non-home rule county within the unincorporated territory |
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| 1 | | of the county may regulate smoking in any enclosed indoor area | 2 | | used by the public or serving as a place of work if the area | 3 | | does not fall within the definition of a "public place" under | 4 | | this Act.
| 5 | | (c) A home rule municipality that has a local public health | 6 | | department shall have exclusive authority to enforce this Act | 7 | | through the municipality's local public health department or | 8 | | police department or both. | 9 | | (Source: P.A. 95-17, eff. 1-1-08.)".
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