Rep. Elizabeth Hernandez
Filed: 3/7/2013
 
 

 

 

 
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1
AMENDMENT TO HOUSE BILL 1192 




2    AMENDMENT NO. ______. Amend House Bill 1192 by replacing 
3everything after the enacting clause with the following:

 
4    "Section 5. The Illinois Municipal Code is amended  by 
5changing Section 11-20-16 as follows:
 
6    (65 ILCS 5/11-20-16)
7    Sec. 11-20-16. Retail food establishments.
8    (a) A municipality in a county having a population of 
92,000,000 or more inhabitants must regulate and inspect retail 
10food establishments in the municipality. A municipality must 
11regulate and inspect retail food establishments in accordance 
12with applicable federal and State laws pertaining to the 
13operation of retail food establishments including but not 
14limited to the Illinois Food Handling Regulation Enforcement 
15Act, the Illinois Food, Drug and Cosmetic Act, the Sanitary 
16Food Preparation Act, the regulations of the Illinois 
 
 
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1Department of Public Health, and local ordinances and 
2regulations. This subsection shall not apply to a municipality 
3that is served by a certified local health department other 
4than a county certified local health department.
5    A home rule unit may  not regulate retail food 
6establishments in a less restrictive manner than as provided in 
7this Section. This Section is a limitation of home rule powers 
8under subsection (i) of Section 6 of Article VII of the 
9Illinois Constitution on the concurrent exercise by home rule 
10units of the powers and functions exercised by the State.
11    (b) A municipality may enter into an intergovernmental 
12agreement with a county that provides for the county's 
13certified local health department to perform any or all 
14inspection functions for the municipality. The municipality 
15must pay the county's reasonable costs. A municipality may 
16enter into an intergovernmental agreement with a local health 
17district, as defined in Section 11 of the Public Health 
18District Act and that serves the entire municipality, to 
19regulate and inspect retail food establishments for the 
20municipality. An intergovernmental agreement shall not 
21preclude a municipality or local health district from 
22continuing to license retail food establishments within its 
23jurisdiction.
24    (c) For the purpose of this Section, "retail food 
25establishment" includes a food service establishment, a 
26temporary food service establishment, and a retail food store 
 
 
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1as defined in the Food Service Sanitation Code, 77 Ill. Adm. 
2Code Part 750, and the Retail Food Store Sanitation Code, 77 
3Ill. Adm. Code Part 760.

4(Source: P.A. 96-749, eff. 1-1-10; 96-1000, eff. 7-2-10.)
 

5    Section 99. Effective date. This Act takes effect upon 
6becoming law.".