Rep. Michael G. Connelly
Filed: 5/24/2012
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1 | AMENDMENT TO SENATE BILL 2945
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2 | AMENDMENT NO. ______. Amend Senate Bill 2945 on page 1, | ||||||
3 | immediately below line 3, by inserting the following:
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4 | "Section 3. The Smoke Free Illinois Act is amended by | ||||||
5 | changing Sections 40 and 65 as follows: | ||||||
6 | (410 ILCS 82/40)
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7 | Sec. 40. Enforcement; complaints. | ||||||
8 | (a) The Department, State-certified local public health | ||||||
9 | departments, and local law enforcement agencies shall enforce | ||||||
10 | the provisions of this Act through the issuance of citations | ||||||
11 | and may assess fines pursuant to Section 45 of this Act , except | ||||||
12 | that in a home rule municipality that has a local public health | ||||||
13 | department, this Act shall be enforced exclusively by the | ||||||
14 | municipality's local public health department or police | ||||||
15 | department or both . | ||||||
16 | (a-2) The citations issued pursuant to this Act shall |
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1 | conspicuously include the following: | ||||||
2 | (1) the name of the offense and its statutory | ||||||
3 | reference; | ||||||
4 | (2) the nature and elements of the violation; | ||||||
5 | (3) the date and location of the violation; | ||||||
6 | (4) the name of the enforcing agency; | ||||||
7 | (5) the name of the violator; | ||||||
8 | (6) the amount of the imposed fine and the location | ||||||
9 | where the violator can pay the fine without objection; | ||||||
10 | (7) the address and phone number of the enforcing | ||||||
11 | agency where the violator can request a hearing before the | ||||||
12 | Department to contest the imposition of the fine imposed by | ||||||
13 | the citation under the rules and procedures of the | ||||||
14 | Administrative Procedure Act; | ||||||
15 | (8) the time period in which to pay the fine or to | ||||||
16 | request a hearing to contest the imposition of the fine | ||||||
17 | imposed by the citation; and | ||||||
18 | (9) the verified signature of the person issuing the | ||||||
19 | citation. | ||||||
20 | (a-3) One copy of the citation shall be provided to the | ||||||
21 | violator, one copy shall be retained by the enforcing agency, | ||||||
22 | and one copy shall be provided to the entity otherwise | ||||||
23 | authorized by the enforcing agency to receive fines on their | ||||||
24 | behalf. | ||||||
25 | (b) Any person may register a complaint with the | ||||||
26 | Department, a State-certified local public health department, |
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1 | or a local law enforcement agency for a violation of this Act. | ||||||
2 | The Department shall establish a telephone number that a person | ||||||
3 | may call to register a complaint under this subsection (b).
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4 | (c) The Department shall afford a violator the opportunity | ||||||
5 | to pay the fine without objection or to contest the citation in | ||||||
6 | accordance with the Illinois Administrative Procedure Act, | ||||||
7 | except that in case of a conflict between the Illinois | ||||||
8 | Administrative Procedure Act and this Act, the provisions of | ||||||
9 | this Act shall control. | ||||||
10 | (d) Upon receipt of a request for hearing to contest the | ||||||
11 | imposition of a fine imposed by a citation, the enforcing | ||||||
12 | agency shall immediately forward a copy of the citation and | ||||||
13 | notice of the request for hearing to the Department for | ||||||
14 | initiation of a hearing conducted in accordance with the | ||||||
15 | Illinois Administrative Procedure Act and the rules | ||||||
16 | established thereto by the Department applicable to contested | ||||||
17 | cases, except that in case of a conflict between the Illinois | ||||||
18 | Administrative Procedure Act and this Act, the provisions of | ||||||
19 | this Act shall control. Parties to the hearing shall be the | ||||||
20 | enforcing agency and the violator. | ||||||
21 | The Department shall notify the violator in writing of the | ||||||
22 | time, place, and location of the hearing. The hearing shall be | ||||||
23 | conducted at the nearest regional office of the Department, or | ||||||
24 | in a location contracted by the Department in the county where | ||||||
25 | the citation was issued. | ||||||
26 | (e) Fines imposed under this Act may be collected in |
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1 | accordance with all methods otherwise available to the | ||||||
2 | enforcing agency or the Department, except that there shall be | ||||||
3 | no collection efforts during the pendency of the hearing before | ||||||
4 | the Department. | ||||||
5 | (f) Rulemaking authority to implement this amendatory Act | ||||||
6 | of the 95th General Assembly, if any, is conditioned on the | ||||||
7 | rules being adopted in accordance with all provisions of the | ||||||
8 | Illinois Administrative Procedure Act and all rules and | ||||||
9 | procedures of the Joint Committee on Administrative Rules; any | ||||||
10 | purported rule not so adopted, for whatever reason, is | ||||||
11 | unauthorized. | ||||||
12 | (Source: P.A. 95-17, eff. 1-1-08; 95-1029, eff. 2-4-09.) | ||||||
13 | (410 ILCS 82/65)
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14 | Sec. 65. Home rule and other local regulation. | ||||||
15 | (a) Any home rule
unit
of local government, any non-home | ||||||
16 | rule municipality, or any non-home rule county within the | ||||||
17 | unincorporated territory of the county
may regulate smoking in | ||||||
18 | public places, but that regulation
must be no less restrictive | ||||||
19 | than this Act. This subsection (a)
is a limitation on the | ||||||
20 | concurrent exercise of home rule power under subsection
(i) of | ||||||
21 | Section 6 of Article VII of the Illinois Constitution.
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22 | (b) In addition to any regulation authorized under | ||||||
23 | subsection (a) or authorized under home rule powers, any home | ||||||
24 | rule unit of local government, any non-home rule municipality, | ||||||
25 | or any non-home rule county within the unincorporated territory |
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1 | of the county may regulate smoking in any enclosed indoor area | ||||||
2 | used by the public or serving as a place of work if the area | ||||||
3 | does not fall within the definition of a "public place" under | ||||||
4 | this Act.
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5 | (c) A home rule municipality that has a local public health | ||||||
6 | department shall have exclusive authority to enforce this Act | ||||||
7 | through the municipality's local public health department or | ||||||
8 | police department or both. | ||||||
9 | (Source: P.A. 95-17, eff. 1-1-08.)".
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