HB2099ham001 103RD GENERAL ASSEMBLY

Rep. Dave Vella

Filed: 1/31/2024

 

 


 

 


 
10300HB2099ham001LRB103 25457 AWJ 65663 a

1
AMENDMENT TO HOUSE BILL 2099

2    AMENDMENT NO. ______. Amend House Bill 2099 by replacing
3everything after the enacting clause with the following:
 
4    "Section 1. Short title. This Act may be cited as the Food
5Truck Freedom Act.
 
6    Section 5. Definition. As used in this Act:
7    "Food truck" means a fully encased food service
8establishment:
9        (1) on a motor vehicle or on a trailer that a motor
10    vehicle pulls to transport; and
11        (2) from which a food truck vendor, standing within
12    the frame of the vehicle or trailer, prepares, cooks,
13    sells, or serves food or beverages for immediate human
14    consumption.
15    "Food truck" does not include a food cart or an ice cream
16truck.
 

 

 

10300HB2099ham001- 2 -LRB103 25457 AWJ 65663 a

1    Section 10. Food truck license or permitting scheme. A
2municipality, county, or township may create a license or
3permitting scheme for a food truck to operate within its
4jurisdiction.
 
5    Section 15. Effect of license or permit from another
6jurisdiction.
7    (a) A food truck license or permit obtained from a
8municipality, county, or township in Illinois has full force
9and effect in all other jurisdictions in Illinois so long as
10that license or permit was issued after:
11        (1) an inspection by a local health department that
12    uses recommendations made by the Food and Drug
13    Administration concerning food trucks; and
14        (2) an inspection by a local fire department or local
15    fire protection district that uses recommendations made by
16    the National Fire Prevention Association concerning food
17    trucks.
18    (b) Nothing in this Section prevents a municipality,
19county, or township from imposing placement or zoning
20restrictions or fees so long as those restrictions and fees
21are uniformly applied to all food trucks, regardless of the
22food truck's license or permit jurisdiction.
 
23    Section 90. Home rule. A home rule unit may not regulate

 

 

10300HB2099ham001- 3 -LRB103 25457 AWJ 65663 a

1food trucks in a manner inconsistent with this Act. This Act is
2a limitation under subsection (i) of Section 6 of Article VII
3of the Illinois Constitution on the concurrent exercise by
4home rule units of powers and functions exercised by the
5State.
 
6    Section 99. Effective date. This Act takes effect January
71, 2025.".