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Public Act 095-0017


 

Public Act 0017 95TH GENERAL ASSEMBLY



 


 
Public Act 095-0017
 
SB0500 Enrolled LRB095 04425 KBJ 24470 b

    AN ACT concerning public health.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 1. Short title. This Act may be cited as the Smoke
Free Illinois Act.
 
    Section 5. Findings. The General Assembly finds that
tobacco smoke is a harmful and dangerous carcinogen to human
beings and a hazard to public health. Secondhand tobacco smoke
causes at least 65,000 deaths each year from heart disease and
lung cancer according to the National Cancer Institute.
Secondhand tobacco smoke causes heart disease, stroke, cancer,
sudden infant death syndrome, low-birth-weight in infants,
asthma and exacerbation of asthma, bronchitis and pneumonia in
children and adults. Secondhand tobacco smoke is the third
leading cause of preventable death in the United States.
Illinois workers exposed to secondhand tobacco smoke are at
increased risk of premature death. An estimated 2,900 Illinois
citizens die each year from exposure to secondhand tobacco
smoke.
    The General Assembly also finds that the United States
Surgeon General's 2006 report has determined that there is no
risk-free level of exposure to secondhand smoke; the scientific
evidence that secondhand smoke causes serious diseases,
including lung cancer, heart disease, and respiratory
illnesses such as bronchitis and asthma, is massive and
conclusive; separating smokers from nonsmokers, cleaning the
air, and ventilating buildings cannot eliminate secondhand
smoke exposure; smoke-free workplace policies are effective in
reducing secondhand smoke exposure; and smoke-free workplace
policies do not have an adverse economic impact on the
hospitality industry.
    The General Assembly also finds that the Environmental
Protection Agency has determined that secondhand smoke cannot
be reduced to safe levels in businesses by high rates of
ventilation. Air cleaners, which are capable only of filtering
the particulate matter and odors in smoke, do not eliminate the
known toxins in secondhand smoke. The American Society of
Heating, Refrigerating and Air-Conditioning Engineers (ASHRAE)
bases its ventilation standards on totally smoke-free
environments because it cannot determine a safe level of
exposure to secondhand smoke, which contains cancer-causing
chemicals, and ASHRAE acknowledges that technology does not
exist that can remove chemicals that cause cancer from the air.
A June 30, 2005 ASHRAE position document on secondhand smoke
concludes that, at present, the only means of eliminating
health risks associated with indoor exposure is to eliminate
all smoking activity indoors.
 
    Section 10. Definitions. In this Act:
    "Bar" means an establishment that is devoted to the serving
of alcoholic beverages for consumption by guests on the
premises and that derives no more than 10% of its gross revenue
from the sale of food consumed on the premises. "Bar" includes,
but is not limited to, taverns, nightclubs, cocktail lounges,
adult entertainment facilities, and cabarets.
    "Department" means the Department of Public Health.
    "Employee" means a person who is employed by an employer in
consideration for direct or indirect monetary wages or profits
or a person who volunteers his or her services for a non-profit
entity.
    "Employer" means a person, business, partnership,
association, or corporation, including a municipal
corporation, trust, or non-profit entity, that employs the
services of one or more individual persons.
    "Enclosed area" means all space between a floor and a
ceiling that is enclosed or partially enclosed with (i) solid
walls or windows, exclusive of doorways, or (ii) solid walls
with partitions and no windows, exclusive of doorways, that
extend from the floor to the ceiling, including, without
limitation, lobbies and corridors.
    "Enclosed or partially enclosed sports arena" means any
sports pavilion, stadium, gymnasium, health spa, boxing arena,
swimming pool, roller rink, ice rink, bowling alley, or other
similar place where members of the general public assemble to
engage in physical exercise or participate in athletic
competitions or recreational activities or to witness sports,
cultural, recreational, or other events.
    "Gaming equipment or supplies" means gaming
equipment/supplies as defined in the Illinois Gaming Board
Rules of the Illinois Administrative Code.
    "Gaming facility" means an establishment utilized
primarily for the purposes of gaming and where gaming equipment
or supplies are operated for the purposes of accruing business
revenue.
    "Healthcare facility" means an office or institution
providing care or treatment of diseases, whether physical,
mental, or emotional, or other medical, physiological, or
psychological conditions, including, but not limited to,
hospitals, rehabilitation hospitals, weight control clinics,
nursing homes, homes for the aging or chronically ill,
laboratories, and offices of surgeons, chiropractors, physical
therapists, physicians, dentists, and all specialists within
these professions. "Healthcare facility" includes all waiting
rooms, hallways, private rooms, semiprivate rooms, and wards
within healthcare facilities.
    "Place of employment" means any area under the control of a
public or private employer that employees are required to
enter, leave, or pass through during the course of employment,
including, but not limited to entrances and exits to places of
employment, including a minimum distance, as set forth in
Section 70 of this Act, of 15 feet from entrances, exits,
windows that open, and ventilation intakes that serve an
enclosed area where smoking is prohibited; offices and work
areas; restrooms; conference and classrooms; break rooms and
cafeterias; and other common areas. A private residence or
home-based business, unless used to provide licensed child
care, foster care, adult care, or other similar social service
care on the premises, is not a "place of employment".
    "Private club" means a not-for-profit association that (1)
has been in active and continuous existence for at least 3
years prior to the effective date of this amendatory Act of the
95th General Assembly, whether incorporated or not, (2) is the
owner, lessee, or occupant of a building or portion thereof
used exclusively for club purposes at all times, (3) is
operated solely for a recreational, fraternal, social,
patriotic, political, benevolent, or athletic purpose, but not
for pecuniary gain, and (4) only sells alcoholic beverages
incidental to its operation. For purposes of this definition,
"private club" means an organization that is managed by a board
of directors, executive committee, or similar body chosen by
the members at an annual meeting, has established bylaws, a
constitution, or both to govern its activities, and has been
granted an exemption from the payment of federal income tax as
a club under 26 U.S.C. 501.
    "Private residence" means the part of a structure used as a
dwelling, including, without limitation: a private home,
townhouse, condominium, apartment, mobile home, vacation home,
cabin, or cottage. For the purposes of this definition, a
hotel, motel, inn, resort, lodge, bed and breakfast or other
similar public accommodation, hospital, nursing home, or
assisted living facility shall not be considered a private
residence.
    "Public place" means that portion of any building or
vehicle used by and open to the public, regardless of whether
the building or vehicle is owned in whole or in part by private
persons or entities, the State of Illinois, or any other public
entity and regardless of whether a fee is charged for
admission, including a minimum distance, as set forth in
Section 70 of this Act, of 15 feet from entrances, exits,
windows that open, and ventilation intakes that serve an
enclosed area where smoking is prohibited. A "public place"
does not include a private residence unless the private
residence is used to provide licensed child care, foster care,
or other similar social service care on the premises. A "public
place" includes, but is not limited to, hospitals, restaurants,
retail stores, offices, commercial establishments, elevators,
indoor theaters, libraries, museums, concert halls, public
conveyances, educational facilities, nursing homes,
auditoriums, enclosed or partially enclosed sports arenas,
meeting rooms, schools, exhibition halls, convention
facilities, polling places, private clubs, gaming facilities,
all government owned vehicles and facilities, including
buildings and vehicles owned, leased, or operated by the State
or State subcontract, healthcare facilities or clinics,
enclosed shopping centers, retail service establishments,
financial institutions, educational facilities, ticket areas,
public hearing facilities, public restrooms, waiting areas,
lobbies, bars, taverns, bowling alleys, skating rinks,
reception areas, and no less than 75% of the sleeping quarters
within a hotel, motel, resort, inn, lodge, bed and breakfast,
or other similar public accommodation that are rented to
guests, but excludes private residences.
    "Restaurant" means (i) an eating establishment, including,
but not limited to, coffee shops, cafeterias, sandwich stands,
and private and public school cafeterias, that gives or offers
for sale food to the public, guests, or employees, and (ii) a
kitchen or catering facility in which food is prepared on the
premises for serving elsewhere. "Restaurant" includes a bar
area within the restaurant.
    "Retail tobacco store" means a retail establishment that
derives more than 80% of its gross revenue from the sale of
loose tobacco, plants, or herbs and cigars, cigarettes, pipes,
and other smoking devices for burning tobacco and related
smoking accessories and in which the sale of other products is
merely incidental. "Retail tobacco store" does not include a
tobacco department or section of a larger commercial
establishment or any establishment with any type of liquor,
food, or restaurant license.
    "Smoke" or "smoking" means the carrying, smoking, burning,
inhaling, or exhaling of any kind of lighted pipe, cigar,
cigarette, hookah, weed, herbs, or any other lighted smoking
equipment.
    "State agency" has the meaning formerly ascribed to it in
subsection (a) of Section 3 of the Illinois Purchasing Act (now
repealed).
    "Unit of local government" has the meaning ascribed to it
in Section 1 of Article VII of the Illinois Constitution of
1970.
 
    Section 15. Smoking in public places, places of employment,
and governmental vehicles prohibited. No person shall smoke in
a public place or in any place of employment or within 15 feet
of any entrance to a public place or place of employment. No
person may smoke in any vehicle owned, leased, or operated by
the State or a political subdivision of the State. Smoking is
prohibited in indoor public places and workplaces unless
specifically exempted by Section 35 of this Act.
 
    Section 20. Posting of signs; removal of ashtrays.
    (a) "No Smoking" signs or the international "No Smoking"
symbol, consisting of a pictorial representation of a burning
cigarette enclosed in a red circle with a red bar across it,
shall be clearly and conspicuously posted in each public place
and place of employment where smoking is prohibited by this Act
by the owner, operator, manager, or other person in control of
that place.
    (b) Each public place and place of employment where smoking
is prohibited by this Act shall have posted at every entrance a
conspicuous sign clearly stating that smoking is prohibited.
    (c) All ashtrays shall be removed from any area where
smoking is prohibited by this Act by the owner, operator,
manager, or other person having control of the area.
 
    Section 25. Smoking prohibited in student dormitories.
Notwithstanding any other provision of this Act, smoking is
prohibited in any portion of the living quarters, including,
but not limited to, sleeping rooms, dining areas, restrooms,
laundry areas, lobbies, and hallways, of a building used in
whole or in part as a student dormitory that is owned and
operated or otherwise utilized by a public or private
institution of higher education.
 
    Section 30. Designation of other nonsmoking areas.
Notwithstanding any other provision of this Act, any employer,
owner, occupant, lessee, operator, manager, or other person in
control of any public place or place of employment may
designate a non-enclosed area of a public place or place of
employment, including outdoor areas, as an area where smoking
is also prohibited provided that such employer, owner, lessee
or occupant shall conspicuously post signs prohibiting smoking
in the manner described in subsections (a) and (b) of Section
20 of this Act.
 
    Section 35. Exemptions. Notwithstanding any other
provision of this Act, smoking is allowed in the following
areas:
        (1) Private residences or dwelling places, except when
    used as a child care, adult day care, or healthcare
    facility or any other home-based business open to the
    public.
        (2) Retail tobacco stores as defined in Section 10 of
    this Act in operation prior to the effective date of this
    amendatory Act of the 95th General Assembly. The retail
    tobacco store shall annually file with the Department by
    January 31st an affidavit stating the percentage of its
    gross income during the prior calendar year that was
    derived from the sale of loose tobacco, plants, or herbs
    and cigars, cigarettes, pipes, or other smoking devices for
    smoking tobacco and related smoking accessories. Any
    retail tobacco store that begins operation after the
    effective date of this amendatory Act may only qualify for
    an exemption if located in a freestanding structure
    occupied solely by the business and smoke from the business
    does not migrate into an enclosed area where smoking is
    prohibited.
        (3) Private and semi-private rooms in nursing homes and
    long-term care facilities that are occupied by one or more
    persons, all of whom are smokers and have requested in
    writing to be placed or to remain in a room where smoking
    is permitted and the smoke shall not infiltrate other areas
    of the nursing home.
        (4) Hotel and motel sleeping rooms that are rented to
    guests and are designated as smoking rooms, provided that
    all smoking rooms on the same floor must be contiguous and
    smoke from these rooms must not infiltrate into nonsmoking
    rooms or other areas where smoking is prohibited. Not more
    than 25% of the rooms rented to guests in a hotel or motel
    may be designated as rooms where smoking is allowed. The
    status of rooms as smoking or nonsmoking may not be
    changed, except to permanently add additional nonsmoking
    rooms.
 
    Section 40. Enforcement; complaints.
    (a) The Department, State-certified local public health
departments, and local law enforcement agencies shall enforce
the provisions of this Act and may assess fines pursuant to
Section 45 of this Act.
    (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).
 
    Section 45. Violations.
    (a) A person, corporation, partnership, association or
other entity who violates Section 15 of this Act shall be 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 fined in an
amount that is not less than $100 and not more than $250. A
person who owns, operates, or otherwise controls a public place
or place of employment that violates Section 15 of this Act
shall be fined (i) not less than $250 for the first violation,
(ii) not less than $500 for the second violation within one
year after the first violation, and (iii) not less than $2,500
for each additional violation within one year after the first
violation.
    (c) A fine imposed under this Section shall be allocated as
follows:
        (1) one-half of the fine shall be distributed to the
    Department; and
        (2) one-half of the fine shall be distributed to the
    enforcing agency.
 
    Section 50. Injunctions. 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.
 
    Section 55. Discrimination prohibited. No individual may
be discriminated against in any manner because of the exercise
of any rights afforded by this Act.
 
    Section 60. Severability. If any provision, clause or
paragraph of this Act shall be held invalid by a court of
competent jurisdiction, such validity shall not affect the
other provisions of this Act.
 
    Section 65. Home rule and other local regulation.
    (a) Any home rule unit of local government, any non-home
rule municipality, or any non-home rule county within the
unincorporated territory of the county may regulate smoking in
public places, but that regulation must be no less restrictive
than this Act. This subsection (a) is a limitation on the
concurrent exercise of home rule power under subsection (i) of
Section 6 of Article VII of the Illinois Constitution.
    (b) In addition to any regulation authorized under
subsection (a) or authorized under home rule powers, any home
rule unit of local government, any non-home rule municipality,
or any non-home rule county within the unincorporated territory
of the county may regulate smoking in any enclosed indoor area
used by the public or serving as a place of work if the area
does not fall within the definition of a "public place" under
this Act.
 
    Section 70. Entrances, exits, windows, and ventilation
intakes. Smoking is prohibited within a minimum distance of 15
feet from entrances, exits, windows that open, and ventilation
intakes that serve an enclosed area where smoking is prohibited
under this Act so as to ensure that tobacco smoke does not
enter the area through entrances, exits, open windows, or other
means.
 
    Section 75. Rules. The Department shall adopt rules
necessary for the administration of this Act.
 
    Section 80. The State Mandates Act is amended by adding
Section 8.31 as follows:
 
    (30 ILCS 805/8.31 new)
    Sec. 8.31. Exempt mandate. Notwithstanding Sections 6 and 8
of this Act, no reimbursement by the State is required for the
implementation of any mandate created by this amendatory Act of
the 95th General Assembly.
 
    (410 ILCS 80/Act rep.)
    Section 90. The Illinois Clean Indoor Air Act is repealed.
INDEX
Statutes amended in order of appearance
    New Act
    30 ILCS 805/8.31 new
    410 ILCS 80/Act rep.

Effective Date: 1/1/2008