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.)