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Public Act 098-0985


 

Public Act 0985 98TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 098-0985
 
SB2202 EnrolledLRB098 08858 RPM 40785 b

    AN ACT concerning higher education.
 
    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 Campus 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 the 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 an 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 policies are effective in reducing
secondhand smoke exposure.
    The General Assembly also finds that a law that prohibits
smoking on the campuses of State-supported institutions of
higher education will reduce secondhand smoke exposure among
nonsmokers as well as prepare students for the workplace and
ensure a healthy environment for all campus communities.
 
    Section 10. Definitions. In this Act:
    "Campus" means all property, including buildings, grounds,
parking lots, and vehicles that are owned or operated by a
State-supported institution of higher education, but does not
include property covered under the Smoke Free Illinois Act, or
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.
    "Employee" means an individual who is employed by a
State-supported institution of higher education in
consideration for direct or indirect monetary wages or profit.
    "Governing authority" means the administrative branch of
the State-supported institution of higher education.
    "Guest" means a visitor to the campus of a State-supported
institution of higher education.
    "Smoke" or "smoking" means the carrying, smoking, burning,
inhaling, or exhaling of any kind of lighted pipe, cigar,
cigarette, hookah, weed, herbs, or other lighted smoking
equipment. "Smoke" or "smoking" also includes products
containing or delivering nicotine intended or expected for
human consumption, or any part of such a product, that is not a
tobacco product as defined by Section 321(rr) of Title 21 of
the United States Code, unless it has been approved or
otherwise certified for legal sale by the United States Food
and Drug Administration for tobacco use cessation or other
medical purposes and is being marketed and sold solely for that
approved purpose. "Smoke" or "smoking" does not include smoking
that is associated with a native recognized religious ceremony,
ritual, or activity by American Indians that is in accordance
with the federal American Indian Religious Freedom Act,
Sections 1996 and 1996a of Title 42 of the United States Code.
    "Student" means an individual enrolled in a credit or
noncredit course at a State-supported institution of higher
education.
    "State-supported institution of higher education" means
the University of Illinois, Southern Illinois University,
Chicago State University, Eastern Illinois University,
Governors State University, Illinois State University,
Northeastern Illinois University, Northern Illinois
University, Western Illinois University, and the public
community colleges subject to the Public Community College Act.
 
    Section 15. Prohibitions on smoking.
    (a) Beginning on July 1, 2015, smoking is prohibited on
each campus of a State-supported institution of higher
education. The prohibition set forth in this subsection (a)
shall not apply to any instance in which an individual is
traveling through a campus in a vehicle that is not owned by a
State-supported institution of higher education.
    (b) An individual or campus subject to the smoking
prohibitions of this Act may not discriminate or retaliate in
any manner against a person for making a complaint of a
violation of this Act or furnishing information concerning a
violation to a person, campus, or governing authority.
    (c) The prohibitions on smoking in this Act must be
communicated to all students and employees of State-supported
institutions of higher education on or before May 1, 2015 and
to each guest of a State-supported institution of higher
education upon request.
    (d) Each State-supported institution of higher education
shall create and post on its Internet website a smoke-free
campus map indicating the locations where smoking is prohibited
under this Act.
 
    Section 20. Smoke-free campus task force. On or before
December 31, 2014, each State-supported institution of higher
education shall establish a community task force for the
purpose of coordinating with community and campus leaders for
the implementation of this Act.
    The governing board of each State-supported institution of
higher education shall coordinate with its respective
community task force to implement a public education and notice
program regarding this Act. As part of the notice to students,
employees, and the public, "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) may be clearly and conspicuously
posted on each campus where smoking is prohibited by this Act.
 
    Section 25. Penalties and rules. The governing board of
each State-supported institution of higher education shall
implement this Act and shall promulgate all policies and
regulations necessary for this purpose, including, but not
limited to, disciplinary action, fines, and an appeals process.
 
    Section 30. Conflict. In case of conflict with provisions
of the Smoke Free Illinois Act, the provisions of the Smoke
Free Illinois Act shall control.
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/18/2014