SB2057 100TH GENERAL ASSEMBLY

LRB100 11324 AWJ 21698 b

100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB2057

Introduced 2/10/2017, by Sen. Chapin Rose

SYNOPSIS AS INTRODUCED:

55 ILCS 5/5-25008	from Ch. 34, par. 5-25008
70 ILCS 905/15.5 new
410 ILCS 625/3.7 new

Amends the Public Health District Act. Provides that a board of health, and its medical health officer or administrator, may not regulate private residential leaseholds (a private residential structure not open to the public which is leased to more than one person and contains a communal kitchen used by the lessees and guests of the lessees) unless it regulates private single-family residential property in a similar manner. Amends the Counties Code and the Food Handling Regulation Enforcement Act making similar changes. Limits home rule powers.

HOME RULE NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning local government.

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

Section 5. The Counties Code is amended by changing Section 5-25008 as follows:

(55 ILCS 5/5-25008) (from Ch. 34, par. 5-25008)

Sec. 5-25008. Jurisdiction of department. Each county and multiple-county health department has jurisdiction for the purposes of this Division throughout the entire county or multiple counties, except within:

1. Any public health district organized under "An Act to authorize the organization of public health districts and for the establishment and maintenance of a health department for the same," filed June 26, 1917, as amended;

2. Any city, village or incorporated town or combination thereof of less than 500,000 inhabitants which city, village, incorporated town or combination thereof or public health district maintains a local health department and employs a full-time health officer and other professional personnel possessing such qualifications as may be prescribed by the State Department of Public Health;

3. Any city, village or incorporated town of 500,000 or more inhabitants.

In addition, a county or multiple-county health department does not have jurisdiction over private residential leaseholds unless it regulates private single-family residential property in a similar manner. As used in this Section, "private residential leasehold" means a private residential structure not open to the public which is leased to more than one person and contains a communal kitchen used by the lessees and guests of the lessees. A home rule unit may not regulate private residential leaseholds in a manner inconsistent with this paragraph. This paragraph is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State.

(Source: P.A. 86-962.)

Section 10. The Public Health District Act is amended by adding Section 15.5 as follows:

(70 ILCS 905/15.5 new)

Sec. 15.5. Private residential leaseholds. A board of health, and its medical health officer or administrator, may not regulate private residential leaseholds unless it regulates private single-family residential property in a similar manner. As used in this Section, "private residential leasehold" means a private residential structure not open to the public which is leased to more than one person and contains a communal kitchen used by the lessees and guests of the lessees.

Section 15. The Food Handling Regulation Enforcement Act is amended by adding Section 3.7 as follows:

(410 ILCS 625/3.7 new)

Sec. 3.7. Private residential leaseholds.

(a) As used in this Section, "private residential leasehold" means a private residential structure not open to the public which is leased to more than one person and contains a communal kitchen used by the lessees and guests of the lessees.

(b) Notwithstanding any other provision of law, the Department of Public Health and the health department of a unit of local government may not regulate private residential leaseholds unless it regulates private single-family residential property in a similar manner.