Full Text of SB2707 95th General Assembly
SB2707ham001 95TH GENERAL ASSEMBLY
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Environmental Health Committee
Filed: 5/27/2008
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| AMENDMENT TO SENATE BILL 2707
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| AMENDMENT NO. ______. Amend Senate Bill 2707 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Smoke Free Illinois Act is amended by | 5 |
| changing Sections 10, 15, 35, 40, 45, 50, and 60 as follows: | 6 |
| (410 ILCS 82/10)
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| Sec. 10. Definitions. In this Act: | 8 |
| "Bar" means an establishment that is devoted to the serving | 9 |
| of alcoholic beverages for consumption by guests on the | 10 |
| premises and that derives no more than 10% of its gross revenue | 11 |
| from the sale of food consumed on the premises. "Bar" includes, | 12 |
| but is not limited to, taverns, nightclubs, cocktail lounges, | 13 |
| adult entertainment facilities, and cabarets. | 14 |
| "Department" means the Department of Public Health.
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| "Employee" means a person who is employed by an employer in | 16 |
| consideration for direct or indirect monetary wages or profits |
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| or a person who volunteers his or her services for a non-profit | 2 |
| entity. | 3 |
| "Employer" means a person, business, partnership, | 4 |
| association, or corporation, including a municipal | 5 |
| corporation, trust, or non-profit entity, that employs the | 6 |
| services of one or more individual persons. | 7 |
| "Enclosed area" means all space between a floor and a | 8 |
| ceiling that is enclosed or partially enclosed with (i) solid | 9 |
| walls or windows, exclusive of doorways, or (ii) solid walls | 10 |
| with partitions and no windows, exclusive of doorways, that | 11 |
| extend from the floor to the ceiling, including, without | 12 |
| limitation, lobbies and corridors. | 13 |
| "Enclosed or partially enclosed sports arena" means any | 14 |
| sports pavilion, stadium, gymnasium, health spa, boxing arena, | 15 |
| swimming pool, roller rink, ice rink, bowling alley, or other | 16 |
| similar place where members of the general public assemble to | 17 |
| engage in physical exercise or participate in athletic | 18 |
| competitions or recreational activities or to witness sports, | 19 |
| cultural, recreational, or other events. | 20 |
| "Gaming equipment or supplies" means gaming | 21 |
| equipment/supplies as defined in the Illinois Gaming Board | 22 |
| Rules of the Illinois Administrative Code. | 23 |
| "Gaming facility" means an establishment utilized | 24 |
| primarily for the purposes of gaming and where gaming equipment | 25 |
| or supplies are operated for the purposes of accruing business | 26 |
| revenue. |
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| "Healthcare facility" means an office or institution | 2 |
| providing care or treatment of diseases, whether physical, | 3 |
| mental, or emotional, or other medical, physiological, or | 4 |
| psychological conditions, including, but not limited to, | 5 |
| hospitals, rehabilitation hospitals, weight control clinics, | 6 |
| nursing homes, homes for the aging or chronically ill, | 7 |
| laboratories, and offices of surgeons, chiropractors, physical | 8 |
| therapists, physicians, dentists, and all specialists within | 9 |
| these professions. "Healthcare facility" includes all waiting | 10 |
| rooms, hallways, private rooms, semiprivate rooms, and wards | 11 |
| within healthcare facilities. | 12 |
| "Place of employment" means any area under the control of a | 13 |
| public or private employer that employees are required to | 14 |
| enter, leave, or pass through during the course of employment, | 15 |
| including, but not limited to entrances and exits to places of | 16 |
| employment, including a minimum distance, as set forth in | 17 |
| Section 70 of this Act, of 15 feet from entrances, exits, | 18 |
| windows that open, and ventilation intakes that serve an | 19 |
| enclosed area where smoking is prohibited; offices and work | 20 |
| areas; restrooms; conference and classrooms; break rooms and | 21 |
| cafeterias; and other common areas. A private residence or | 22 |
| home-based business, unless used to provide licensed child | 23 |
| care, foster care, adult care, or other similar social service | 24 |
| care on the premises, is not a "place of employment" , nor are | 25 |
| enclosed laboratories, not open to the public, in an accredited
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| university or government facility where the activity of smoking |
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| is
exclusively conducted for the purpose of medical or | 2 |
| scientific health-related research. Notwithstanding any other | 3 |
| rulemaking authority that may exist, the Department may not | 4 |
| make or promulgate rules to implement or enforce the provisions | 5 |
| of this amendatory Act of the 95th General Assembly. Nothing | 6 |
| contained in this amendatory Act of the 95th General Assembly | 7 |
| shall be interpreted to grant rulemaking authority that is not | 8 |
| otherwise explicitly given. For the purposes of this amendatory | 9 |
| Act of the 95th General Assembly, the term "rules" is given the | 10 |
| meaning contained in Section 1-70 of the Illinois | 11 |
| Administrative Procedure Act .
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| "Private club" means a not-for-profit association that (1) | 13 |
| has been in active and continuous existence for at least 3 | 14 |
| years prior to the effective date of this amendatory Act of the | 15 |
| 95th General Assembly, whether incorporated or not, (2) is the | 16 |
| owner, lessee, or occupant of a building or portion thereof | 17 |
| used exclusively for club purposes at all times, (3) is | 18 |
| operated solely for a recreational, fraternal, social, | 19 |
| patriotic, political, benevolent, or athletic purpose, but not | 20 |
| for pecuniary gain, and (4) only sells alcoholic beverages | 21 |
| incidental to its operation. For purposes of this definition, | 22 |
| "private club" means an organization that is managed by a board | 23 |
| of directors, executive committee, or similar body chosen by | 24 |
| the members at an annual meeting, has established bylaws, a | 25 |
| constitution, or both to govern its activities, and has been | 26 |
| granted an exemption from the payment of federal income tax as |
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| a club under 26 U.S.C. 501. | 2 |
| "Private residence" means the part of a structure used as a | 3 |
| dwelling, including, without limitation: a private home, | 4 |
| townhouse, condominium, apartment, mobile home, vacation home, | 5 |
| cabin, or cottage. For the purposes of this definition, a | 6 |
| hotel, motel, inn, resort, lodge, bed and breakfast or other | 7 |
| similar public accommodation, hospital, nursing home, or | 8 |
| assisted living facility shall not be considered a private | 9 |
| residence. | 10 |
| "Public place" means that portion of any building or | 11 |
| vehicle used by and open to the public, regardless of whether | 12 |
| the building or vehicle is owned in whole or in part by private | 13 |
| persons or entities, the State of Illinois, or any other public | 14 |
| entity and regardless of whether a fee is charged for | 15 |
| admission, including a minimum distance, as set forth in | 16 |
| Section 70 of this Act, of 15 feet from entrances, exits, | 17 |
| windows that open, and ventilation intakes that serve an | 18 |
| enclosed area where smoking is prohibited. A "public place" | 19 |
| does not include a private residence unless the private | 20 |
| residence is used to provide licensed child care, foster care, | 21 |
| or other similar social service care on the premises. A "public | 22 |
| place" includes, but is not limited to,
hospitals, restaurants, | 23 |
| retail stores, offices, commercial establishments,
elevators, | 24 |
| indoor theaters, libraries, museums, concert halls, public
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| conveyances, educational facilities, nursing homes, | 26 |
| auditoriums, enclosed or partially enclosed sports arenas,
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| meeting rooms, schools, exhibition halls, convention | 2 |
| facilities, polling places, private clubs, gaming facilities, | 3 |
| all government owned vehicles and facilities, including | 4 |
| buildings and vehicles owned, leased, or operated by the State | 5 |
| or State subcontract, healthcare facilities or clinics, | 6 |
| enclosed shopping centers, retail service establishments, | 7 |
| financial institutions, educational facilities, ticket areas, | 8 |
| public hearing facilities, public restrooms, waiting areas, | 9 |
| lobbies, bars, taverns, bowling alleys, skating rinks, | 10 |
| reception areas, and no less than 75% of the sleeping quarters | 11 |
| within a hotel, motel, resort, inn, lodge, bed and breakfast, | 12 |
| or other similar public accommodation that are rented to | 13 |
| guests, but excludes private residences.
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| "Restaurant" means (i) an eating establishment, including, | 15 |
| but not limited to, coffee shops, cafeterias, sandwich stands, | 16 |
| and private and public school cafeterias, that gives or offers | 17 |
| for sale food to the public, guests, or employees, and (ii) a | 18 |
| kitchen or catering facility in which food is prepared on the | 19 |
| premises for serving elsewhere. "Restaurant" includes a bar | 20 |
| area within the restaurant. | 21 |
| "Retail tobacco store" means a retail establishment that | 22 |
| derives more than 80% of its gross revenue from the sale of | 23 |
| loose tobacco, plants, or herbs and cigars, cigarettes, pipes, | 24 |
| and other smoking devices for burning tobacco and related | 25 |
| smoking accessories and in which the sale of other products is | 26 |
| merely incidental. "Retail tobacco store" includes an enclosed |
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| workplace that manufactures, imports, or distributes tobacco | 2 |
| or tobacco products, when, as a necessary and integral part of | 3 |
| the process of making, manufacturing, importing, or | 4 |
| distributing a tobacco product for the eventual retail sale of | 5 |
| that tobacco or tobacco product, tobacco is heated, burned, or | 6 |
| smoked, or a lighted tobacco product is tested, provided that | 7 |
| the involved business entity: (1) maintains a specially | 8 |
| designated area or areas within the workplace for the purpose | 9 |
| of the heating, burning, smoking, or lighting activities, and | 10 |
| does not create a facility that permits smoking throughout; (2) | 11 |
| satisfies the 80% requirement related to gross sales; and (3) | 12 |
| delivers tobacco products to consumers, retail establishments, | 13 |
| or other wholesale establishments as part of its business. | 14 |
| "Retail tobacco store" does not include a tobacco department or | 15 |
| section of a larger commercial establishment or any | 16 |
| establishment with any type of liquor, food, or restaurant | 17 |
| license. Notwithstanding any other rulemaking authority that | 18 |
| may exist, the Department may not make or promulgate rules to | 19 |
| implement or enforce the provisions of this amendatory Act of | 20 |
| the 95th General Assembly. Nothing contained in this amendatory | 21 |
| Act of the 95th General Assembly shall be interpreted to grant | 22 |
| rulemaking authority that is not otherwise explicitly given. | 23 |
| For the purposes of this amendatory Act of the 95th General | 24 |
| Assembly, the term "rules" is given the meaning contained in | 25 |
| Section 1-70 of the Illinois Administrative Procedure Act. | 26 |
| "Smoke" or "smoking" means the carrying, smoking, burning, |
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| inhaling, or exhaling of any kind of lighted pipe, cigar, | 2 |
| cigarette, hookah, weed, herbs, or any other lighted smoking | 3 |
| equipment.
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| "State agency" has the meaning formerly ascribed to it in | 5 |
| subsection
(a) of Section 3 of the Illinois Purchasing Act (now | 6 |
| repealed).
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| "Unit of local government" has the meaning ascribed to it | 8 |
| in Section
1 of Article VII of the Illinois Constitution of | 9 |
| 1970.
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| (Source: P.A. 95-17, eff. 1-1-08.) | 11 |
| (410 ILCS 82/15)
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| Sec. 15. Smoking in public places, places of employment, | 13 |
| and governmental vehicles prohibited. No person shall smoke in | 14 |
| a public place or in any place of employment or within 15 feet | 15 |
| of any entrance to a public place or place of employment. No | 16 |
| person may smoke in any vehicle owned, leased, or operated by | 17 |
| the State or a political subdivision of the State. An owner | 18 |
| shall reasonably assure that smoking Smoking is prohibited in | 19 |
| indoor public places and workplaces unless specifically | 20 |
| exempted by Section 35 of this Act.
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| (Source: P.A. 95-17, eff. 1-1-08.) | 22 |
| (410 ILCS 82/35)
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| Sec. 35. Exemptions. Notwithstanding any other provision | 24 |
| of this Act, smoking is allowed in the following areas: |
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| (1) Private residences or dwelling places, except when | 2 |
| used as a child care, adult day care, or healthcare | 3 |
| facility or any other home-based business open to the | 4 |
| public. | 5 |
| (2) Retail tobacco stores as defined in Section 10 of | 6 |
| this Act in operation prior to the effective date of this | 7 |
| amendatory Act of the 95th General Assembly. The retail | 8 |
| tobacco store shall annually file with the Department by | 9 |
| January 31st an affidavit stating the percentage of its | 10 |
| gross income during the prior calendar year that was | 11 |
| derived from the sale of loose tobacco, plants, or herbs | 12 |
| and cigars, cigarettes, pipes, or other smoking devices for | 13 |
| smoking tobacco and related smoking accessories. Any | 14 |
| retail tobacco store that begins operation after the | 15 |
| effective date of this amendatory Act may only qualify for | 16 |
| an exemption if located in a freestanding structure | 17 |
| occupied solely by the business and smoke from the business | 18 |
| does not migrate into an enclosed area where smoking is | 19 |
| prohibited. | 20 |
| (3) Private and semi-private rooms in nursing homes and | 21 |
| long-term care facilities that are occupied by one or more | 22 |
| persons, all of whom are smokers and have requested in | 23 |
| writing to be placed or to remain in a room where smoking | 24 |
| is permitted and the smoke shall not infiltrate other areas | 25 |
| of the nursing home. | 26 |
| (4) Hotel and motel sleeping rooms that are rented to |
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| guests and are designated as smoking rooms, provided that | 2 |
| all smoking rooms on the same floor must be contiguous and | 3 |
| smoke from these rooms must not infiltrate into nonsmoking | 4 |
| rooms or other areas where smoking is prohibited. Not more | 5 |
| than 25% of the rooms rented to guests in a hotel or motel | 6 |
| may be designated as rooms where smoking is allowed. The | 7 |
| status of rooms as smoking or nonsmoking may not be | 8 |
| changed, except to permanently add additional nonsmoking | 9 |
| rooms.
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| (5) Enclosed laboratories that are excluded from the | 11 |
| definition of "place of employment" in Section 10 of this | 12 |
| Act. Notwithstanding any other rulemaking authority that | 13 |
| may exist, the Department may not make or promulgate rules | 14 |
| to implement or enforce the provisions of this amendatory | 15 |
| Act of the 95th General Assembly. Nothing contained in this | 16 |
| amendatory Act of the 95th General Assembly shall be | 17 |
| interpreted to grant rulemaking authority that is not | 18 |
| otherwise explicitly given. For the purposes of this | 19 |
| amendatory Act of the 95th General Assembly, the term | 20 |
| "rules" is given the meaning contained in Section 1-70 of | 21 |
| the Illinois Administrative Procedure Act. | 22 |
| (6) Common smoking rooms in long-term care facilities
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| operated under the authority of the Illinois Department of
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| Veterans' Affairs that are accessible only to residents who
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| are smokers and have requested in writing to have access to
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| the common smoking room where smoking is permitted and the
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| smoke shall not infiltrate other areas of the long-term | 2 |
| care facility. Notwithstanding any other rulemaking | 3 |
| authority that may exist, the Department may not make or | 4 |
| promulgate rules to implement or enforce the provisions of | 5 |
| this amendatory Act of the 95th General Assembly. Nothing | 6 |
| contained in this amendatory Act of the 95th General | 7 |
| Assembly shall be interpreted to grant rulemaking | 8 |
| authority that is not otherwise explicitly given. For the | 9 |
| purposes of this amendatory Act of the 95th General | 10 |
| Assembly, the term "rules" is given the meaning contained | 11 |
| in Section 1-70 of the Illinois Administrative Procedure | 12 |
| Act. | 13 |
| (Source: P.A. 95-17, eff. 1-1-08.) | 14 |
| (410 ILCS 82/40)
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| Sec. 40. Enforcement; complaints. | 16 |
| (a) The Department, State-certified local public health | 17 |
| departments, and local law enforcement agencies shall enforce | 18 |
| the provisions of this Act through the issuance of citations | 19 |
| and may assess fines pursuant to Section 45 of this Act. | 20 |
| (a-2) The citations issued pursuant to this Act shall | 21 |
| conspicuously include the following: | 22 |
| (1) the name of the offense and its statutory | 23 |
| reference; | 24 |
| (2) the nature and elements of the violation; | 25 |
| (3) the date and location of the violation; |
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| (4) the name of the enforcing agency; | 2 |
| (5) the name of the violator; | 3 |
| (6) the amount of the imposed fine and the location | 4 |
| where the violator can pay the fine without objection; | 5 |
| (7) the address and phone number of the enforcing | 6 |
| agency where the violator can request a hearing before the | 7 |
| Department to contest the imposition of the fine imposed by | 8 |
| the citation under the rules and procedures of the | 9 |
| Administrative Procedure Act; | 10 |
| (8) the time period in which to pay the fine or to | 11 |
| request a hearing to contest the imposition of the fine | 12 |
| imposed by the citation; and | 13 |
| (9) the verified signature of the person issuing the | 14 |
| citation. | 15 |
| (a-3) One copy of the citation shall be provided to the | 16 |
| violator, one copy shall be retained by the enforcing agency, | 17 |
| and one copy shall be provided to the entity otherwise | 18 |
| authorized by the enforcing agency to receive fines on their | 19 |
| behalf. | 20 |
| (b) Any person may register a complaint with the | 21 |
| Department, a State-certified local public health department, | 22 |
| or a local law enforcement agency for a violation of this Act. | 23 |
| The Department shall establish a telephone number that a person | 24 |
| may call to register a complaint under this subsection (b).
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| (c) The Department shall afford a violator the opportunity | 26 |
| to pay the fine without objection or to contest the citation in |
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| accordance with the Illinois Administrative Procedure Act, | 2 |
| except that in case of a conflict between the Illinois | 3 |
| Administrative Procedure Act and this Act, the provisions of | 4 |
| this Act shall control. | 5 |
| (d) Upon receipt of a request for hearing to contest the | 6 |
| imposition of a fine imposed by a citation, the enforcing | 7 |
| agency shall immediately forward a copy of the citation and | 8 |
| notice of the request for hearing to the Department for | 9 |
| initiation of a hearing conducted in accordance with the | 10 |
| Illinois Administrative Procedure Act and the rules | 11 |
| established thereto by the Department applicable to contested | 12 |
| cases, except that in case of a conflict between the Illinois | 13 |
| Administrative Procedure Act and this Act, the provisions of | 14 |
| this Act shall control. Parties to the hearing shall be the | 15 |
| enforcing agency and the violator. | 16 |
| The Department shall notify the violator in writing of the | 17 |
| time, place, and location of the hearing. The hearing shall be | 18 |
| conducted at the nearest regional office of the Department, or | 19 |
| in a location contracted by the Department in the county where | 20 |
| the citation was issued. | 21 |
| (e) Fines imposed under this Act may be collected in | 22 |
| accordance with all methods otherwise available to the | 23 |
| enforcing agency or the Department, except that there shall be | 24 |
| no collection efforts during the pendency of the hearing before | 25 |
| the Department. | 26 |
| (f) Notwithstanding any other rulemaking authority that |
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| may exist, the Department may not make or promulgate rules to | 2 |
| implement or enforce the provisions of this amendatory Act of | 3 |
| the 95th General Assembly. Nothing contained in this amendatory | 4 |
| Act of the 95th General Assembly shall be interpreted to grant | 5 |
| rulemaking authority that is not otherwise explicitly given. | 6 |
| For the purposes of this amendatory Act of the 95th General | 7 |
| Assembly, the term "rules" is given the meaning contained in | 8 |
| Section 1-70 of the Illinois Administrative Procedure Act. | 9 |
| (Source: P.A. 95-17, eff. 1-1-08.) | 10 |
| (410 ILCS 82/45)
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| Sec. 45. Violations. | 12 |
| (a) A person, corporation, partnership, association or | 13 |
| other
entity who violates Section 15 of this Act shall be fined | 14 |
| pursuant to this Section. Each day that a violation occurs is a | 15 |
| separate violation. | 16 |
| (b) A person who smokes in an area where smoking is | 17 |
| prohibited under Section 15 of this Act shall be fined in an | 18 |
| amount that is not less than $100 for a first offense and not | 19 |
| more than $250 for each subsequent offense . A person who owns, | 20 |
| operates, or otherwise controls a public place or place of | 21 |
| employment that violates Section 15 of this Act shall be fined | 22 |
| (i) not less than $250 for the first violation, (ii) not less | 23 |
| than $500 for the second violation within one year after the | 24 |
| first violation, and (iii) not less than $2,500 for each | 25 |
| additional violation within one year after the first violation. |
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| (c) A fine imposed under this Section shall be allocated as | 2 |
| follows: | 3 |
| (1) one-half of the fine shall be distributed to the | 4 |
| Department; and | 5 |
| (2) one-half of the fine shall be distributed to the | 6 |
| enforcing agency.
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| (d) Notwithstanding any other rulemaking authority that | 8 |
| may exist, the Department may not make or promulgate rules to | 9 |
| implement or enforce the provisions of this amendatory Act of | 10 |
| the 95th General Assembly. Nothing contained in this amendatory | 11 |
| Act of the 95th General Assembly shall be interpreted to grant | 12 |
| rulemaking authority that is not otherwise explicitly given. | 13 |
| For the purposes of this amendatory Act of the 95th General | 14 |
| Assembly, the term "rules" is given the meaning contained in | 15 |
| Section 1-70 of the Illinois Administrative Procedure Act. | 16 |
| (Source: P.A. 95-17, eff. 1-1-08.) | 17 |
| (410 ILCS 82/50)
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| Sec. 50. Injunctions. In addition to any other sanction or | 19 |
| remedy, the The Department, a State-certified local public | 20 |
| health department, local law enforcement agency, or any | 21 |
| individual
personally affected by repeated violations may | 22 |
| institute, in a circuit court,
an action to enjoin violations | 23 |
| of this Act.
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| (Source: P.A. 95-17, eff. 1-1-08.) |
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| (410 ILCS 82/60)
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| Sec. 60. Severability. If any provision, clause or | 3 |
| paragraph of this Act shall be
held invalid by a court of | 4 |
| competent jurisdiction, such invalidity validity shall not
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| affect the other provisions of this Act.
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| (Source: P.A. 95-17, eff. 1-1-08.)
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| Section 99. Effective date. This Act takes effect upon | 8 |
| becoming law.".
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