Sen. Louis S. Viverito
Filed: 4/23/2009
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1 | AMENDMENT TO HOUSE BILL 926
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2 | AMENDMENT NO. ______. Amend House Bill 926, AS AMENDED, by | ||||||
3 | replacing everything after the enacting clause with the | ||||||
4 | following:
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5 | "Section 5. The Counties Code is amended by changing | ||||||
6 | Section 5-1115 as follows:
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7 | (55 ILCS 5/5-1115) (from Ch. 34, par. 5-1115)
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8 | Sec. 5-1115. Retail food Food service establishments. | ||||||
9 | (a) The
county board of any county having a population of | ||||||
10 | 2,000,000 1,000,000 or
more inhabitants may license and | ||||||
11 | regulate and impose license fees on
all retail food service | ||||||
12 | establishments in the county except those retail food service
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13 | establishments which are located within any city, village or | ||||||
14 | incorporated
town in such county not including, however, | ||||||
15 | establishments where food is
sold only as merchandise and not | ||||||
16 | prepared to be consumed on the premises .
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1 | (b) The county board of any county having a population of | ||||||
2 | less than
2,000,000 1,000,000 inhabitants and having a health | ||||||
3 | department created under Division
5-25 may license and regulate | ||||||
4 | and impose license fees on all retail food service
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5 | establishments within both the incorporated and unincorporated | ||||||
6 | areas of the
county which fall within the jurisdiction of that | ||||||
7 | health department as set
forth in Section 5-25008.
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8 | (c) The license fees which may be
imposed under this | ||||||
9 | Section must be reasonably related to the cost of
inspecting | ||||||
10 | and regulating the retail food service establishments. License | ||||||
11 | fees
for food establishments operated by a unit of local | ||||||
12 | government, school
district, or not-for-profit organization | ||||||
13 | may be waived by ordinance of
the county board.
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14 | (d) A county and a municipality may enter into an | ||||||
15 | intergovernmental agreement that provides for the county's | ||||||
16 | certified local health department to perform any or all | ||||||
17 | inspection functions for the municipality. The municipality | ||||||
18 | must pay the county's reasonable costs. An intergovernmental | ||||||
19 | agreement shall not preclude a municipality from continuing to | ||||||
20 | license retail food establishments within its jurisdiction. | ||||||
21 | (e) For the purpose of this Section, "retail food | ||||||
22 | establishment" includes a food service establishment, a | ||||||
23 | temporary food service establishment, and a retail food store | ||||||
24 | as defined in the Food Service Sanitation Code, 77 Ill. Adm. | ||||||
25 | Code Part 750, and the Retail Food Store Sanitation Code, 77 | ||||||
26 | Ill. Adm. Code Part 760. |
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1 | (Source: P.A. 86-962; 86-1028.)
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2 | Section 10. The Illinois Municipal Code is amended by | ||||||
3 | adding Section 11-20-15 as follows: | ||||||
4 | (65 ILCS 5/11-20-15 new) | ||||||
5 | Sec. 11-20-15. Retail food establishments. | ||||||
6 | (a) A municipality in a county having a population of | ||||||
7 | 2,000,000 or more inhabitants must regulate and inspect retail | ||||||
8 | food establishments in the municipality. A municipality must | ||||||
9 | regulate and inspect retail food establishments in accordance | ||||||
10 | with applicable federal and State laws pertaining to the | ||||||
11 | operation of retail food establishments including but not | ||||||
12 | limited to the Illinois Food Handling Regulation Enforcement | ||||||
13 | Act, the Illinois Food, Drug and Cosmetic Act, the Sanitary | ||||||
14 | Food Preparation Act, the regulations of the Illinois | ||||||
15 | Department of Public Health, and local ordinances and | ||||||
16 | regulations. This subsection shall not apply to a municipality | ||||||
17 | that is served by a certified local health department other | ||||||
18 | than a county certified local health department. | ||||||
19 | A home rule unit may not regulate retail food | ||||||
20 | establishments in a less restrictive manner than as provided in | ||||||
21 | this Section. This Section is a limitation of home rules powers | ||||||
22 | under subsection (i) of Section 6 of Article VII of the | ||||||
23 | Illinois Constitution on the concurrent exercise by home rule | ||||||
24 | units of the powers and functions exercised by the State. |
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1 | (b) A municipality may enter into an intergovernmental | ||||||
2 | agreement with a county that provides for the county's | ||||||
3 | certified local health department to perform any or all | ||||||
4 | inspection functions for the municipality. The municipality | ||||||
5 | must pay the county's reasonable costs. An intergovernmental | ||||||
6 | agreement shall not preclude a municipality from continuing to | ||||||
7 | license retail food establishments within its jurisdiction. | ||||||
8 | (c) For the purpose of this Section, "retail food | ||||||
9 | establishment" includes a food service establishment, a | ||||||
10 | temporary food service establishment, and a retail food store | ||||||
11 | as defined in the Food Service Sanitation Code, 77 Ill. Adm. | ||||||
12 | Code Part 750, and the Retail Food Store Sanitation Code, 77 | ||||||
13 | Ill. Adm. Code Part 760.
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14 | Section 90. The State Mandates Act is amended by adding | ||||||
15 | Section 8.33 as follows: | ||||||
16 | (30 ILCS 805/8.33 new) | ||||||
17 | Sec. 8.33. Exempt mandate. Notwithstanding Sections 6 and 8 | ||||||
18 | of this Act, no reimbursement by the State is required for the | ||||||
19 | implementation of any mandate created by this amendatory Act of | ||||||
20 | the 96th General Assembly. ".
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