103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB1792

 

Introduced 2/9/2023, by Sen. Emil Jones, III

 

SYNOPSIS AS INTRODUCED:
 
New Act

    Creates the Plastic Straw Ban Act. Provides that no bar in a municipality with a population greater than 500,000, restaurant in a municipality with a population greater than 500,000, or business that sells food to the public in a municipality with a population greater than 500,000 may provide a customer with a single-use plastic straw unless requested by the customer or unless the single-use plastic straw is available at a self-service station. Provides that the Department of Public Health shall enforce the Act. Provides penalties for violations. Defines terms.


LRB103 28377 CPF 54757 b

 

 

A BILL FOR

 

SB1792LRB103 28377 CPF 54757 b

1    AN ACT concerning safety.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the
5Plastic Straw Ban Act.
 
6    Section 5. Definitions. In this Act:
7    "Bar" means an establishment that is devoted to the
8serving of alcoholic beverages for consumption by guests on
9the premises and that derives no more than 10% of its gross
10revenue from the sale of food consumed on the premises. "Bar"
11includes a tavern, nightclub, cocktail lounge, adult
12entertainment facility, or cabaret.
13    "Department" means the Department of Public Health.
14    "Restaurant" means an establishment that gives or offers
15for sale food or beverages to the public or guests.
16"Restaurant" includes a coffee shop, cafeteria, sandwich
17stand, or private or public school cafeteria.
18    "Self-service station" means a station in a restaurant
19where a customer is allowed to serve himself or herself,
20including, but not limited to, by filling or refilling the
21customer's beverage selection.
22    "Single-use plastic straw" means a single-use, disposable
23tube made predominantly of plastic derived from either

 

 

SB1792- 2 -LRB103 28377 CPF 54757 b

1petroleum or a biologically based polymer, such as corn or
2other plant sources, used to transfer a beverage from a
3container to the mouth of the person drinking the beverage.
4"Single-use plastic straw" does not include a straw made from
5non-plastic materials, including, but not limited to, paper,
6pasta, sugar cane, wood, or bamboo.
 
7    Section 10. Plastic straw ban. No bar in a municipality
8with a population greater than 500,000, restaurant in a
9municipality with a population greater than 500,000, or
10business that sells food to the public in a municipality with a
11population greater than 500,000 may provide a customer with a
12single-use plastic straw unless requested by the customer or
13unless the single-use plastic straw is available at a
14self-service station.
 
15    Section 15. Enforcement. The Department shall enforce this
16Act through the issuance of citations and may assess civil
17penalties to enforce this Act. A first violation of this Act
18shall result in a notice of violation, and any subsequent
19violation shall be punishable by a civil penalty of $25 for
20each day the bar, restaurant, or business is in violation. Any
21person may register a complaint with the Department for a
22violation of this Act. The Department shall establish a
23telephone number that a person may call to register a
24complaint concerning a violation of this Act. The Department

 

 

SB1792- 3 -LRB103 28377 CPF 54757 b

1shall afford a violator the opportunity to pay the civil
2penalty without objection or to contest the citation in
3accordance with the Illinois Administrative Procedure Act.
4Upon receipt of a request for hearing to contest the
5imposition of a civil penalty imposed by a citation, the
6Department shall initiate a hearing in accordance with the
7Illinois Administrative Procedure Act and the rules
8established thereto by the Department applicable to contested
9cases. Parties to the hearing shall be the Department and the
10violator. The Department shall notify the violator in writing
11of the time, place, and location of the hearing. The hearing
12shall be conducted at the nearest regional office of the
13Department, or in a location contracted by the Department in
14the county where the citation was issued. Civil penalties
15imposed under this Act may be collected in accordance with all
16methods otherwise available to the Department, except that
17there shall be no collection efforts during the pendency of
18the hearing before the Department. All civil penalties
19collected under this Act shall be paid to the Department.