Bill Text: IL SB2057 | 2017-2018 | 100th General Assembly | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Public Health District Act. Provides that a board of health, and its medical health officer or administrator, may not regulate private residential leaseholds (a private residential structure not open to the public which is leased to more than one person and contains a communal kitchen used by the lessees and guests of the lessees) unless it regulates private single-family residential property in a similar manner. Amends the Counties Code and the Food Handling Regulation Enforcement Act making similar changes. Limits home rule powers.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2017-08-24 - Public Act . . . . . . . . . 100-0330 [SB2057 Detail]
Download: Illinois-2017-SB2057-Engrossed.html
Bill Title: Amends the Public Health District Act. Provides that a board of health, and its medical health officer or administrator, may not regulate private residential leaseholds (a private residential structure not open to the public which is leased to more than one person and contains a communal kitchen used by the lessees and guests of the lessees) unless it regulates private single-family residential property in a similar manner. Amends the Counties Code and the Food Handling Regulation Enforcement Act making similar changes. Limits home rule powers.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2017-08-24 - Public Act . . . . . . . . . 100-0330 [SB2057 Detail]
Download: Illinois-2017-SB2057-Engrossed.html
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1 | AN ACT concerning local government.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Counties Code is amended by changing Section | ||||||
5 | 5-25008 as follows:
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6 | (55 ILCS 5/5-25008) (from Ch. 34, par. 5-25008)
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7 | Sec. 5-25008. Jurisdiction of department. Each county and
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8 | multiple-county health department has jurisdiction for the | ||||||
9 | purposes of this
Division throughout the entire county or | ||||||
10 | multiple counties, except within:
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11 | 1. Any public health district organized under "An Act | ||||||
12 | to authorize the
organization of public health districts | ||||||
13 | and for the establishment and
maintenance of a health | ||||||
14 | department for the same," filed June 26, 1917,
as amended;
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15 | 2. Any city, village or incorporated town or | ||||||
16 | combination thereof of less
than 500,000 inhabitants which | ||||||
17 | city, village, incorporated town or combination
thereof or | ||||||
18 | public health district maintains a local health department | ||||||
19 | and
employs a full-time health officer and other | ||||||
20 | professional personnel
possessing such qualifications as | ||||||
21 | may be prescribed by the
State Department of Public Health;
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22 | 3. Any city, village or incorporated town of 500,000 or | ||||||
23 | more inhabitants. |
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1 | In addition, a county or multiple-county health department | ||||||
2 | does not have jurisdiction over private residential leaseholds | ||||||
3 | unless it regulates private single-family residential property | ||||||
4 | in a similar manner. As used in this Section, "private | ||||||
5 | residential leasehold" means a private residential structure | ||||||
6 | not open to the public which is leased to more than one person | ||||||
7 | and contains a communal kitchen used by the lessees and guests | ||||||
8 | of the lessees. A home rule county may not regulate private | ||||||
9 | residential leaseholds in a manner inconsistent with this | ||||||
10 | paragraph. This paragraph is a limitation under subsection (i) | ||||||
11 | of Section 6 of Article VII of the Illinois Constitution on the | ||||||
12 | concurrent exercise by home rule counties of powers and | ||||||
13 | functions exercised by the State. This paragraph does not apply | ||||||
14 | to regulation of private residential leaseholds in | ||||||
15 | municipalities with a population greater than 1,000,000.
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16 | (Source: P.A. 86-962.)
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17 | Section 10. The Public Health District Act is amended by | ||||||
18 | adding Section 15.5 as follows:
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19 | (70 ILCS 905/15.5 new) | ||||||
20 | Sec. 15.5. Private residential leaseholds. A board of | ||||||
21 | health, and its medical health officer or administrator, may | ||||||
22 | not regulate private residential leaseholds unless it | ||||||
23 | regulates private single-family residential property in a | ||||||
24 | similar manner. As used in this Section, "private residential |
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1 | leasehold" means a private residential structure not open to | ||||||
2 | the public which is leased to more than one person and contains | ||||||
3 | a communal kitchen used by the lessees and guests of the | ||||||
4 | lessees. This Section does not apply to regulation of private | ||||||
5 | residential leaseholds in municipalities with a population | ||||||
6 | greater than 1,000,000.
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7 | Section 15. The Food Handling Regulation Enforcement Act is | ||||||
8 | amended by adding Section 3.7 as follows:
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9 | (410 ILCS 625/3.7 new) | ||||||
10 | Sec. 3.7. Private residential leaseholds. | ||||||
11 | (a) As used in this Section, "private residential | ||||||
12 | leasehold" means a private residential structure not open to | ||||||
13 | the public which is leased to more than one person and contains | ||||||
14 | a communal kitchen used by the lessees and guests of the | ||||||
15 | lessees. | ||||||
16 | (b) Notwithstanding any other provision of law, the | ||||||
17 | Department of Public Health and the health department of a unit | ||||||
18 | of local government may not regulate private residential | ||||||
19 | leaseholds unless it regulates private single-family | ||||||
20 | residential property in a similar manner. | ||||||
21 | (c) This Section does not apply to regulation of private | ||||||
22 | residential leaseholds in municipalities with a population | ||||||
23 | greater than 1,000,000.
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