Illinois General Assembly

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Full Text of SB2202  98th General Assembly


Rep. Ann Williams

Filed: 2/4/2014





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2    AMENDMENT NO. ______. Amend Senate Bill 2202 by replacing
3everything after the enacting clause with the following:
4    "Section 1. Short title. This Act may be cited as the
5Smoke-Free Campus Act.
6    Section 5. Findings. The General Assembly finds that
7tobacco smoke is a harmful and dangerous carcinogen to human
8beings and a hazard to public health. Secondhand tobacco smoke
9causes at least 65,000 deaths each year from heart disease and
10lung cancer according to the National Cancer Institute.
11Secondhand tobacco smoke causes heart disease, stroke, cancer,
12sudden infant death syndrome, low birth weight in infants,
13asthma and the exacerbation of asthma, bronchitis, and
14pneumonia in children and adults. Secondhand tobacco smoke is
15the third leading cause of preventable death in the United
16States. Illinois workers exposed to secondhand tobacco smoke



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1are at an increased risk of premature death. An estimated 2,900
2Illinois citizens die each year from exposure to secondhand
3tobacco smoke.
4    The General Assembly also finds that the United States
5Surgeon General's 2006 report has determined that there is no
6risk-free level of exposure to secondhand smoke; the scientific
7evidence that secondhand smoke causes serious diseases,
8including lung cancer, heart disease, and respiratory
9illnesses such as bronchitis and asthma, is massive and
10conclusive; separating smokers from nonsmokers, cleaning the
11air, and ventilating buildings cannot eliminate secondhand
12smoke exposure; smoke-free policies are effective in reducing
13secondhand smoke exposure.
14    The General Assembly also finds that a law that prohibits
15smoking on the campuses of State-supported institutions of
16higher education will reduce secondhand smoke exposure among
17nonsmokers as well as prepare students for the workplace and
18ensure a healthy environment for all campus communities.
19    Section 10. Definitions. In this Act:
20    "Campus" means all property, including buildings, grounds,
21parking lots, and vehicles that are owned or operated by a
22State-supported institution of higher education, but does not
23include property covered under the Smoke Free Illinois Act, or
24enclosed laboratories, not open to the public, in an accredited
25university or government facility where the activity of smoking



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1is exclusively conducted for the purpose of medical or
2scientific, health-related research.
3    "Employee" means an individual who is employed by a
4State-supported institution of higher education in
5consideration for direct or indirect monetary wages or profit.
6    "Governing authority" means the administrative branch of
7the State-supported institution of higher education.
8    "Guest" means a visitor to the campus of a State-supported
9institution of higher education.
10    "Smoke" or "smoking" means the carrying, smoking, burning,
11inhaling, or exhaling of any kind of lighted pipe, cigar,
12cigarette, hookah, weed, herbs, or other lighted smoking
13equipment. "Smoke" or "smoking" also includes products
14containing or delivering nicotine intended or expected for
15human consumption, or any part of such a product, that is not a
16tobacco product as defined by Section 321(rr) of Title 21 of
17the United States Code, unless it has been approved or
18otherwise certified for legal sale by the United States Food
19and Drug Administration for tobacco use cessation or other
20medical purposes and is being marketed and sold solely for that
21approved purpose. "Smoke" or "smoking" does not include smoking
22that is associated with a native recognized religious ceremony,
23ritual, or activity by American Indians that is in accordance
24with the federal American Indian Religious Freedom Act,
25Sections 1996 and 1996a of Title 42 of the United States Code.
26    "Student" means an individual enrolled in a credit or



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1noncredit course at a State-supported institution of higher
3    "State-supported institution of higher education" means
4the University of Illinois, Southern Illinois University,
5Chicago State University, Eastern Illinois University,
6Governors State University, Illinois State University,
7Northeastern Illinois University, Northern Illinois
8University, Western Illinois University, and the public
9community colleges subject to the Public Community College Act.
10    Section 15. Prohibitions on smoking.
11    (a) Beginning on July 1, 2015, smoking is prohibited on
12each campus of a State-supported institution of higher
13education. The prohibition set forth in this subsection (a)
14shall not apply to any instance in which an individual is
15traveling through a campus in a vehicle that is not owned by a
16State-supported institution of higher education.
17    (b) An individual or campus subject to the smoking
18prohibitions of this Act may not discriminate or retaliate in
19any manner against a person for making a complaint of a
20violation of this Act or furnishing information concerning a
21violation to a person, campus, or governing authority.
22    (c) The prohibitions on smoking in this Act must be
23communicated to all students and employees of State-supported
24institutions of higher education on or before May 1, 2015 and
25to each guest of a State-supported institution of higher



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1education upon request.
2    (d) Each State-supported institution of higher education
3shall create and post on its Internet website a smoke-free
4campus map indicating the locations where smoking is prohibited
5under this Act.
6    Section 20. Smoke-free campus task force. On or before
7December 31, 2014, each State-supported institution of higher
8education shall establish a community task force for the
9purpose of coordinating with community and campus leaders for
10the implementation of this Act.
11    The governing board of each State-supported institution of
12higher education shall coordinate with its respective
13community task force to implement a public education and notice
14program regarding this Act. As part of the notice to students,
15employees, and the public, "No Smoking" signs or the
16international "No Smoking" symbol (consisting of a pictorial
17representation of a burning cigarette enclosed in a red circle
18with a red bar across it) may be clearly and conspicuously
19posted on each campus where smoking is prohibited by this Act.
20    Section 25. Penalties and rules. The governing board of
21each State-supported institution of higher education shall
22implement this Act and shall promulgate all policies and
23regulations necessary for this purpose, including, but not
24limited to, disciplinary action, fines, and an appeals process.



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1    Section 30. Conflict. In case of conflict with provisions
2of the Smoke Free Illinois Act, the provisions of the Smoke
3Free Illinois Act shall control.
4    Section 99. Effective date. This Act takes effect upon
5becoming law.".