Bill Text: IL SB2514 | 2017-2018 | 100th General Assembly | Chaptered


Bill Title: Amends the Smoke Free Illinois Act. Changes references from "fine" to "civil penalty" throughout the Act and makes corresponding changes. Provides that law enforcement agencies (rather than local law enforcement agencies) shall enforce the provisions of the Act through the issuance of citations and may assess specified civil penalties (rather than fines). Makes related changes in provisions concerning complaints and injunctions. Provides that funds designated for the Department of State Police or Department of Natural Resources by provisions concerning the distribution of civil penalty moneys shall be deposited by the respective Department into a specified fund.

Spectrum: Slight Partisan Bill (Democrat 5-3)

Status: (Passed) 2018-08-14 - Public Act . . . . . . . . . 100-0877 [SB2514 Detail]

Download: Illinois-2017-SB2514-Chaptered.html



Public Act 100-0877
SB2514 EnrolledLRB100 15071 MJP 29914 b
AN ACT concerning health.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Smoke Free Illinois Act is amended by
changing Sections 40, 45, and 50 as follows:
(410 ILCS 82/40)
Sec. 40. Enforcement; complaints.
(a) The Department, State-certified local public health
departments, and local, Department of Natural Resources, and
Department of State Police law enforcement agencies shall
enforce the provisions of this Act through the issuance of
citations and may assess civil penalties fines pursuant to
Section 45 of this Act.
(a-2) The citations issued pursuant to this Act shall
conspicuously include the following:
(1) the name of the offense and its statutory
reference;
(2) the nature and elements of the violation;
(3) the date and location of the violation;
(4) the name of the enforcing agency;
(5) the name of the violator;
(6) the amount of the imposed civil penalty fine and
the location where the violator can pay the civil penalty
fine without objection;
(7) the address and phone number of the enforcing
agency where the violator can request a hearing before the
Department to contest the imposition of the civil penalty
fine imposed by the citation under the rules and procedures
of the Administrative Procedure Act;
(8) the time period in which to pay the civil penalty
fine or to request a hearing to contest the imposition of
the civil penalty fine imposed by the citation; and
(9) the verified signature of the person issuing the
citation.
(a-3) One copy of the citation shall be provided to the
violator, one copy shall be retained by the enforcing agency,
and one copy shall be provided to the entity otherwise
authorized by the enforcing agency to receive civil penalties
fines on their behalf.
(b) Any person may register a complaint with the
Department, a State-certified local public health department,
or a local law enforcement agency for a violation of this Act.
The Department shall establish a telephone number that a person
may call to register a complaint under this subsection (b).
(c) The Department shall afford a violator the opportunity
to pay the civil penalty fine without objection or to contest
the citation in accordance with the Illinois Administrative
Procedure Act, except that in case of a conflict between the
Illinois Administrative Procedure Act and this Act, the
provisions of this Act shall control.
(d) Upon receipt of a request for hearing to contest the
imposition of a civil penalty fine imposed by a citation, the
enforcing agency shall immediately forward a copy of the
citation and notice of the request for hearing to the
Department for initiation of a hearing conducted in accordance
with the Illinois Administrative Procedure Act and the rules
established thereto by the Department applicable to contested
cases, except that in case of a conflict between the Illinois
Administrative Procedure Act and this Act, the provisions of
this Act shall control. Parties to the hearing shall be the
enforcing agency and the violator.
The Department shall notify the violator in writing of the
time, place, and location of the hearing. The hearing shall be
conducted at the nearest regional office of the Department, or
in a location contracted by the Department in the county where
the citation was issued.
(e) Civil penalties Fines imposed under this Act may be
collected in accordance with all methods otherwise available to
the enforcing agency or the Department, except that there shall
be no collection efforts during the pendency of the hearing
before the Department.
(f) Rulemaking authority to implement this amendatory Act
of the 95th General Assembly, if any, is conditioned on the
rules being adopted in accordance with all provisions of the
Illinois Administrative Procedure Act and all rules and
procedures of the Joint Committee on Administrative Rules; any
purported rule not so adopted, for whatever reason, is
unauthorized.
(Source: P.A. 95-17, eff. 1-1-08; 95-1029, eff. 2-4-09.)
(410 ILCS 82/45)
Sec. 45. Violations.
(a) A person, corporation, partnership, association or
other entity who violates Section 15 or 20 of this Act shall be
liable for a civil penalty fined pursuant to this Section. Each
day that a violation occurs is a separate violation.
(b) A person who smokes in an area where smoking is
prohibited under Section 15 of this Act shall be liable for a
civil penalty fined in an amount that is $100 for a first
offense and $250 for each subsequent offense. A person who
owns, operates, or otherwise controls a public place or place
of employment that violates Section 15 or 20 of this Act shall
be liable for a civil penalty of fined (i) $250 for the first
violation, (ii) $500 for the second violation within one year
after the first violation, and (iii) $2,500 for each additional
violation within one year after the first violation.
(c) A civil penalty fine imposed under this Section shall
be allocated as follows:
(1) one-half of the civil penalty fine shall be
distributed to the Department; and
(2) one-half of the civil penalty fine shall be
distributed to the enforcing agency.
With respect to funds designated for the Department of
State Police under this subsection, the Department of State
Police shall deposit the moneys into the State Police
Operations Assistance Fund. With respect to funds designated
for the Department of Natural Resources under this subsection,
the Department of Natural Resources shall deposit the moneys
into the Conservation Police Operations Assistance Fund.
(d) Rulemaking authority to implement this amendatory Act
of the 95th General Assembly, if any, is conditioned on the
rules being adopted in accordance with all provisions of the
Illinois Administrative Procedure Act and all rules and
procedures of the Joint Committee on Administrative Rules; any
purported rule not so adopted, for whatever reason, is
unauthorized.
(Source: P.A. 98-1023, eff. 8-22-14.)
(410 ILCS 82/50)
Sec. 50. Injunctions. In addition to any other sanction or
remedy, the Department, a State-certified local public health
department, local law enforcement agency, or any individual
personally affected by repeated violations may institute, in a
circuit court, an action to enjoin violations of this Act.
(Source: P.A. 95-17, eff. 1-1-08; 95-1029, eff. 2-4-09.)
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