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Sen. John G. Mulroe
Filed: 5/14/2014
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| 1 | | AMENDMENT TO SENATE BILL 852
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| 2 | | AMENDMENT NO. ______. Amend Senate Bill 852 by replacing |
| 3 | | everything after the enacting clause with the following:
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| 4 | | "Section 5. The Smoke Free Illinois Act is amended by |
| 5 | | changing Section 45 as follows:
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| 6 | | (410 ILCS 82/45)
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| 7 | | Sec. 45. Violations. |
| 8 | | (a) A person, corporation, partnership, association or |
| 9 | | other
entity who violates Section 15 or 20 of this Act shall be |
| 10 | | fined pursuant to this Section. Each day that a violation |
| 11 | | occurs is a separate violation. |
| 12 | | (b) A person who smokes in an area where smoking is |
| 13 | | prohibited under Section 15 of this Act shall be fined in an |
| 14 | | amount that is $100 for a first offense and $250 for each |
| 15 | | subsequent offense. A person who owns, operates, or otherwise |
| 16 | | controls a public place or place of employment that violates |
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| | 09800SB0852sam001 | - 2 - | LRB098 05078 HEP 59497 a |
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| 1 | | Section 15 or 20 of this Act shall be fined (i) $250 for the |
| 2 | | first violation, (ii) $500 for the second violation within one |
| 3 | | year after the first violation, and (iii) $2,500 for each |
| 4 | | additional violation within one year after the first violation. |
| 5 | | (c) A fine imposed under this Section shall be allocated as |
| 6 | | follows: |
| 7 | | (1) one-half of the fine shall be distributed to the |
| 8 | | Department; and |
| 9 | | (2) one-half of the fine shall be distributed to the |
| 10 | | enforcing agency.
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| 11 | | (d) Rulemaking authority to implement this amendatory Act |
| 12 | | of the 95th General Assembly, if any, is conditioned on the |
| 13 | | rules being adopted in accordance with all provisions of the |
| 14 | | Illinois Administrative Procedure Act and all rules and |
| 15 | | procedures of the Joint Committee on Administrative Rules; any |
| 16 | | purported rule not so adopted, for whatever reason, is |
| 17 | | unauthorized. |
| 18 | | (Source: P.A. 95-17, eff. 1-1-08; 95-1029, eff. 2-4-09.)
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| 19 | | Section 99. Effective date. This Act takes effect upon |
| 20 | | becoming law.".
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