SB2514 EnrolledLRB100 15071 MJP 29914 b

1    AN ACT concerning health.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Smoke Free Illinois Act is amended by
5changing Sections 40, 45, and 50 as follows:
 
6    (410 ILCS 82/40)
7    Sec. 40. Enforcement; complaints.
8    (a) The Department, State-certified local public health
9departments, and local, Department of Natural Resources, and
10Department of State Police law enforcement agencies shall
11enforce the provisions of this Act through the issuance of
12citations and may assess civil penalties fines pursuant to
13Section 45 of this Act.
14    (a-2) The citations issued pursuant to this Act shall
15conspicuously include the following:
16        (1) the name of the offense and its statutory
17    reference;
18        (2) the nature and elements of the violation;
19        (3) the date and location of the violation;
20        (4) the name of the enforcing agency;
21        (5) the name of the violator;
22        (6) the amount of the imposed civil penalty fine and
23    the location where the violator can pay the civil penalty

 

 

SB2514 Enrolled- 2 -LRB100 15071 MJP 29914 b

1    fine without objection;
2        (7) the address and phone number of the enforcing
3    agency where the violator can request a hearing before the
4    Department to contest the imposition of the civil penalty
5    fine imposed by the citation under the rules and procedures
6    of the Administrative Procedure Act;
7        (8) the time period in which to pay the civil penalty
8    fine or to request a hearing to contest the imposition of
9    the civil penalty fine imposed by the citation; and
10        (9) the verified signature of the person issuing the
11    citation.
12    (a-3) One copy of the citation shall be provided to the
13violator, one copy shall be retained by the enforcing agency,
14and one copy shall be provided to the entity otherwise
15authorized by the enforcing agency to receive civil penalties
16fines on their behalf.
17    (b) Any person may register a complaint with the
18Department, a State-certified local public health department,
19or a local law enforcement agency for a violation of this Act.
20The Department shall establish a telephone number that a person
21may call to register a complaint under this subsection (b).
22    (c) The Department shall afford a violator the opportunity
23to pay the civil penalty fine without objection or to contest
24the citation in accordance with the Illinois Administrative
25Procedure Act, except that in case of a conflict between the
26Illinois Administrative Procedure Act and this Act, the

 

 

SB2514 Enrolled- 3 -LRB100 15071 MJP 29914 b

1provisions of this Act shall control.
2    (d) Upon receipt of a request for hearing to contest the
3imposition of a civil penalty fine imposed by a citation, the
4enforcing agency shall immediately forward a copy of the
5citation and notice of the request for hearing to the
6Department for initiation of a hearing conducted in accordance
7with the Illinois Administrative Procedure Act and the rules
8established thereto by the Department applicable to contested
9cases, except that in case of a conflict between the Illinois
10Administrative Procedure Act and this Act, the provisions of
11this Act shall control. Parties to the hearing shall be the
12enforcing agency and the violator.
13    The Department shall notify the violator in writing of the
14time, place, and location of the hearing. The hearing shall be
15conducted at the nearest regional office of the Department, or
16in a location contracted by the Department in the county where
17the citation was issued.
18    (e) Civil penalties Fines imposed under this Act may be
19collected in accordance with all methods otherwise available to
20the enforcing agency or the Department, except that there shall
21be no collection efforts during the pendency of the hearing
22before the Department.
23    (f) Rulemaking authority to implement this amendatory Act
24of the 95th General Assembly, if any, is conditioned on the
25rules being adopted in accordance with all provisions of the
26Illinois Administrative Procedure Act and all rules and

 

 

SB2514 Enrolled- 4 -LRB100 15071 MJP 29914 b

1procedures of the Joint Committee on Administrative Rules; any
2purported rule not so adopted, for whatever reason, is
3unauthorized.
4(Source: P.A. 95-17, eff. 1-1-08; 95-1029, eff. 2-4-09.)
 
5    (410 ILCS 82/45)
6    Sec. 45. Violations.
7    (a) A person, corporation, partnership, association or
8other entity who violates Section 15 or 20 of this Act shall be
9liable for a civil penalty fined pursuant to this Section. Each
10day that a violation occurs is a separate violation.
11    (b) A person who smokes in an area where smoking is
12prohibited under Section 15 of this Act shall be liable for a
13civil penalty fined in an amount that is $100 for a first
14offense and $250 for each subsequent offense. A person who
15owns, operates, or otherwise controls a public place or place
16of employment that violates Section 15 or 20 of this Act shall
17be liable for a civil penalty of fined (i) $250 for the first
18violation, (ii) $500 for the second violation within one year
19after the first violation, and (iii) $2,500 for each additional
20violation within one year after the first violation.
21    (c) A civil penalty fine imposed under this Section shall
22be allocated as follows:
23        (1) one-half of the civil penalty fine shall be
24    distributed to the Department; and
25        (2) one-half of the civil penalty fine shall be

 

 

SB2514 Enrolled- 5 -LRB100 15071 MJP 29914 b

1    distributed to the enforcing agency.
2    With respect to funds designated for the Department of
3State Police under this subsection, the Department of State
4Police shall deposit the moneys into the State Police
5Operations Assistance Fund. With respect to funds designated
6for the Department of Natural Resources under this subsection,
7the Department of Natural Resources shall deposit the moneys
8into the Conservation Police Operations Assistance Fund.
9    (d) Rulemaking authority to implement this amendatory Act
10of the 95th General Assembly, if any, is conditioned on the
11rules being adopted in accordance with all provisions of the
12Illinois Administrative Procedure Act and all rules and
13procedures of the Joint Committee on Administrative Rules; any
14purported rule not so adopted, for whatever reason, is
15unauthorized.
16(Source: P.A. 98-1023, eff. 8-22-14.)
 
17    (410 ILCS 82/50)
18    Sec. 50. Injunctions. In addition to any other sanction or
19remedy, the Department, a State-certified local public health
20department, local law enforcement agency, or any individual
21personally affected by repeated violations may institute, in a
22circuit court, an action to enjoin violations of this Act.
23(Source: P.A. 95-17, eff. 1-1-08; 95-1029, eff. 2-4-09.)