SB1792 103RD GENERAL ASSEMBLY

LRB103 28377 CPF 54757 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB1792

Introduced 2/9/2023, by Sen. Emil Jones, III

SYNOPSIS AS INTRODUCED:

New Act

Creates the Plastic Straw Ban Act. Provides that no bar in a municipality with a population greater than 500,000, restaurant in a municipality with a population greater than 500,000, or business that sells food to the public in a municipality with a population greater than 500,000 may provide a customer with a single-use plastic straw unless requested by the customer or unless the single-use plastic straw is available at a self-service station. Provides that the Department of Public Health shall enforce the Act. Provides penalties for violations. Defines terms.

A BILL FOR

AN ACT concerning safety.

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 Plastic Straw Ban Act.

Section 5. Definitions. In this Act:

"Bar" means an establishment that is devoted to the serving of alcoholic beverages for consumption by guests on the premises and that derives no more than 10% of its gross revenue from the sale of food consumed on the premises. "Bar" includes a tavern, nightclub, cocktail lounge, adult entertainment facility, or cabaret.

"Department" means the Department of Public Health.

"Restaurant" means an establishment that gives or offers for sale food or beverages to the public or guests. "Restaurant" includes a coffee shop, cafeteria, sandwich stand, or private or public school cafeteria.

"Self-service station" means a station in a restaurant where a customer is allowed to serve himself or herself, including, but not limited to, by filling or refilling the customer's beverage selection.

"Single-use plastic straw" means a single-use, disposable tube made predominantly of plastic derived from either petroleum or a biologically based polymer, such as corn or other plant sources, used to transfer a beverage from a container to the mouth of the person drinking the beverage. "Single-use plastic straw" does not include a straw made from non-plastic materials, including, but not limited to, paper, pasta, sugar cane, wood, or bamboo.

Section 10. Plastic straw ban. No bar in a municipality with a population greater than 500,000, restaurant in a municipality with a population greater than 500,000, or business that sells food to the public in a municipality with a population greater than 500,000 may provide a customer with a single-use plastic straw unless requested by the customer or unless the single-use plastic straw is available at a self-service station.

Section 15. Enforcement. The Department shall enforce this Act through the issuance of citations and may assess civil penalties to enforce this Act. A first violation of this Act shall result in a notice of violation, and any subsequent violation shall be punishable by a civil penalty of $25 for each day the bar, restaurant, or business is in violation. Any person may register a complaint with the Department for a violation of this Act. The Department shall establish a telephone number that a person may call to register a complaint concerning a violation of this Act. The Department shall afford a violator the opportunity to pay the civil penalty without objection or to contest the citation in accordance with the Illinois Administrative Procedure Act. Upon receipt of a request for hearing to contest the imposition of a civil penalty imposed by a citation, the Department shall initiate a hearing in accordance with the Illinois Administrative Procedure Act and the rules established thereto by the Department applicable to contested cases. Parties to the hearing shall be the Department and the violator. The Department shall notify the violator in writing of the time, place, and location of the hearing. The hearing shall be conducted at the nearest regional office of the Department, or in a location contracted by the Department in the county where the citation was issued. Civil penalties imposed under this Act may be collected in accordance with all methods otherwise available to the Department, except that there shall be no collection efforts during the pendency of the hearing before the Department. All civil penalties collected under this Act shall be paid to the Department.