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Public Act 095-1029


 

Public Act 1029 95TH GENERAL ASSEMBLY



 


 
Public Act 095-1029
 
SB2757 Enrolled LRB095 19981 KBJ 46410 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 10, 15, 35, 40, 45, 50, and 60 as follows:
 
    (410 ILCS 82/10)
    Sec. 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", nor are
enclosed laboratories, not open to the public, in an accredited
university or government facility where the activity of smoking
is exclusively conducted for the purpose of medical or
scientific health-related research. 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.
    "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" includes an enclosed
workplace that manufactures, imports, or distributes tobacco
or tobacco products, when, as a necessary and integral part of
the process of making, manufacturing, importing, or
distributing a tobacco product for the eventual retail sale of
that tobacco or tobacco product, tobacco is heated, burned, or
smoked, or a lighted tobacco product is tested, provided that
the involved business entity: (1) maintains a specially
designated area or areas within the workplace for the purpose
of the heating, burning, smoking, or lighting activities, and
does not create a facility that permits smoking throughout; (2)
satisfies the 80% requirement related to gross sales; and (3)
delivers tobacco products to consumers, retail establishments,
or other wholesale establishments as part of its business.
"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. 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.
    "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.
(Source: P.A. 95-17, eff. 1-1-08.)
 
    (410 ILCS 82/15)
    Sec. 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. An owner
shall reasonably assure that smoking Smoking is prohibited in
indoor public places and workplaces unless specifically
exempted by Section 35 of this Act.
(Source: P.A. 95-17, eff. 1-1-08.)
 
    (410 ILCS 82/35)
    Sec. 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.
        (5) Enclosed laboratories that are excluded from the
    definition of "place of employment" in Section 10 of this
    Act. 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.
        (6) Common smoking rooms in long-term care facilities
    operated under the authority of the Illinois Department of
    Veterans' Affairs that are accessible only to residents who
    are smokers and have requested in writing to have access to
    the common smoking room where smoking is permitted and the
    smoke shall not infiltrate other areas of the long-term
    care facility. 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.)
 
    (410 ILCS 82/40)
    Sec. 40. Enforcement; complaints.
    (a) The Department, State-certified local public health
departments, and local law enforcement agencies shall enforce
the provisions of this Act through the issuance of citations
and may assess 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 fine and the location
    where the violator can pay the 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 fine imposed by
    the citation under the rules and procedures of the
    Administrative Procedure Act;
        (8) the time period in which to pay the fine or to
    request a hearing to contest the imposition of the 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 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 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 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) 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.)
 
    (410 ILCS 82/45)
    Sec. 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 for a first offense and not
more than $250 for each subsequent offense. 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.
    (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. 95-17, eff. 1-1-08.)
 
    (410 ILCS 82/50)
    Sec. 50. Injunctions. In addition to any other sanction or
remedy, the 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.)
 
    (410 ILCS 82/60)
    Sec. 60. Severability. If any provision, clause or
paragraph of this Act shall be held invalid by a court of
competent jurisdiction, such invalidity validity shall not
affect the other provisions of this Act.
(Source: P.A. 95-17, eff. 1-1-08.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 02/04/2009