Full Text of SB2757 95th General Assembly
SB2757enr 95TH GENERAL ASSEMBLY
|
|
|
SB2757 Enrolled |
|
LRB095 19981 KBJ 46410 b |
|
| 1 |
| AN ACT concerning health.
| 2 |
| Be it enacted by the People of the State of Illinois,
| 3 |
| represented in the General Assembly:
| 4 |
| Section 5. The Smoke Free Illinois Act is amended by | 5 |
| changing Sections 10, 15, 35, 40, 45, 50, and 60 as follows: | 6 |
| (410 ILCS 82/10)
| 7 |
| Sec. 10. Definitions. In this Act: | 8 |
| "Bar" means an establishment that is devoted to the serving | 9 |
| of alcoholic beverages for consumption by guests on the | 10 |
| premises and that derives no more than 10% of its gross revenue | 11 |
| from the sale of food consumed on the premises. "Bar" includes, | 12 |
| but is not limited to, taverns, nightclubs, cocktail lounges, | 13 |
| adult entertainment facilities, and cabarets. | 14 |
| "Department" means the Department of Public Health.
| 15 |
| "Employee" means a person who is employed by an employer in | 16 |
| consideration for direct or indirect monetary wages or profits | 17 |
| or a person who volunteers his or her services for a non-profit | 18 |
| entity. | 19 |
| "Employer" means a person, business, partnership, | 20 |
| association, or corporation, including a municipal | 21 |
| corporation, trust, or non-profit entity, that employs the | 22 |
| services of one or more individual persons. | 23 |
| "Enclosed area" means all space between a floor and a |
|
|
|
SB2757 Enrolled |
- 2 - |
LRB095 19981 KBJ 46410 b |
|
| 1 |
| ceiling that is enclosed or partially enclosed with (i) solid | 2 |
| walls or windows, exclusive of doorways, or (ii) solid walls | 3 |
| with partitions and no windows, exclusive of doorways, that | 4 |
| extend from the floor to the ceiling, including, without | 5 |
| limitation, lobbies and corridors. | 6 |
| "Enclosed or partially enclosed sports arena" means any | 7 |
| sports pavilion, stadium, gymnasium, health spa, boxing arena, | 8 |
| swimming pool, roller rink, ice rink, bowling alley, or other | 9 |
| similar place where members of the general public assemble to | 10 |
| engage in physical exercise or participate in athletic | 11 |
| competitions or recreational activities or to witness sports, | 12 |
| cultural, recreational, or other events. | 13 |
| "Gaming equipment or supplies" means gaming | 14 |
| equipment/supplies as defined in the Illinois Gaming Board | 15 |
| Rules of the Illinois Administrative Code. | 16 |
| "Gaming facility" means an establishment utilized | 17 |
| primarily for the purposes of gaming and where gaming equipment | 18 |
| or supplies are operated for the purposes of accruing business | 19 |
| revenue. | 20 |
| "Healthcare facility" means an office or institution | 21 |
| providing care or treatment of diseases, whether physical, | 22 |
| mental, or emotional, or other medical, physiological, or | 23 |
| psychological conditions, including, but not limited to, | 24 |
| hospitals, rehabilitation hospitals, weight control clinics, | 25 |
| nursing homes, homes for the aging or chronically ill, | 26 |
| laboratories, and offices of surgeons, chiropractors, physical |
|
|
|
SB2757 Enrolled |
- 3 - |
LRB095 19981 KBJ 46410 b |
|
| 1 |
| therapists, physicians, dentists, and all specialists within | 2 |
| these professions. "Healthcare facility" includes all waiting | 3 |
| rooms, hallways, private rooms, semiprivate rooms, and wards | 4 |
| within healthcare facilities. | 5 |
| "Place of employment" means any area under the control of a | 6 |
| public or private employer that employees are required to | 7 |
| enter, leave, or pass through during the course of employment, | 8 |
| including, but not limited to entrances and exits to places of | 9 |
| employment, including a minimum distance, as set forth in | 10 |
| Section 70 of this Act, of 15 feet from entrances, exits, | 11 |
| windows that open, and ventilation intakes that serve an | 12 |
| enclosed area where smoking is prohibited; offices and work | 13 |
| areas; restrooms; conference and classrooms; break rooms and | 14 |
| cafeterias; and other common areas. A private residence or | 15 |
| home-based business, unless used to provide licensed child | 16 |
| care, foster care, adult care, or other similar social service | 17 |
| care on the premises, is not a "place of employment" , nor are | 18 |
| enclosed laboratories, not open to the public, in an accredited
| 19 |
| university or government facility where the activity of smoking | 20 |
| is
exclusively conducted for the purpose of medical or | 21 |
| scientific health-related research. Rulemaking authority to | 22 |
| implement this amendatory Act of the 95th General Assembly, if | 23 |
| any, is conditioned on the rules being adopted in accordance | 24 |
| with all provisions of the Illinois Administrative Procedure | 25 |
| Act and all rules and procedures of the Joint Committee on | 26 |
| Administrative Rules; any purported rule not so adopted, for |
|
|
|
SB2757 Enrolled |
- 4 - |
LRB095 19981 KBJ 46410 b |
|
| 1 |
| whatever reason, is unauthorized .
| 2 |
| "Private club" means a not-for-profit association that (1) | 3 |
| has been in active and continuous existence for at least 3 | 4 |
| years prior to the effective date of this amendatory Act of the | 5 |
| 95th General Assembly, whether incorporated or not, (2) is the | 6 |
| owner, lessee, or occupant of a building or portion thereof | 7 |
| used exclusively for club purposes at all times, (3) is | 8 |
| operated solely for a recreational, fraternal, social, | 9 |
| patriotic, political, benevolent, or athletic purpose, but not | 10 |
| for pecuniary gain, and (4) only sells alcoholic beverages | 11 |
| incidental to its operation. For purposes of this definition, | 12 |
| "private club" means an organization that is managed by a board | 13 |
| of directors, executive committee, or similar body chosen by | 14 |
| the members at an annual meeting, has established bylaws, a | 15 |
| constitution, or both to govern its activities, and has been | 16 |
| granted an exemption from the payment of federal income tax as | 17 |
| a club under 26 U.S.C. 501. | 18 |
| "Private residence" means the part of a structure used as a | 19 |
| dwelling, including, without limitation: a private home, | 20 |
| townhouse, condominium, apartment, mobile home, vacation home, | 21 |
| cabin, or cottage. For the purposes of this definition, a | 22 |
| hotel, motel, inn, resort, lodge, bed and breakfast or other | 23 |
| similar public accommodation, hospital, nursing home, or | 24 |
| assisted living facility shall not be considered a private | 25 |
| residence. | 26 |
| "Public place" means that portion of any building or |
|
|
|
SB2757 Enrolled |
- 5 - |
LRB095 19981 KBJ 46410 b |
|
| 1 |
| vehicle used by and open to the public, regardless of whether | 2 |
| the building or vehicle is owned in whole or in part by private | 3 |
| persons or entities, the State of Illinois, or any other public | 4 |
| entity and regardless of whether a fee is charged for | 5 |
| admission, including a minimum distance, as set forth in | 6 |
| Section 70 of this Act, of 15 feet from entrances, exits, | 7 |
| windows that open, and ventilation intakes that serve an | 8 |
| enclosed area where smoking is prohibited. A "public place" | 9 |
| does not include a private residence unless the private | 10 |
| residence is used to provide licensed child care, foster care, | 11 |
| or other similar social service care on the premises. A "public | 12 |
| place" includes, but is not limited to,
hospitals, restaurants, | 13 |
| retail stores, offices, commercial establishments,
elevators, | 14 |
| indoor theaters, libraries, museums, concert halls, public
| 15 |
| conveyances, educational facilities, nursing homes, | 16 |
| auditoriums, enclosed or partially enclosed sports arenas,
| 17 |
| meeting rooms, schools, exhibition halls, convention | 18 |
| facilities, polling places, private clubs, gaming facilities, | 19 |
| all government owned vehicles and facilities, including | 20 |
| buildings and vehicles owned, leased, or operated by the State | 21 |
| or State subcontract, healthcare facilities or clinics, | 22 |
| enclosed shopping centers, retail service establishments, | 23 |
| financial institutions, educational facilities, ticket areas, | 24 |
| public hearing facilities, public restrooms, waiting areas, | 25 |
| lobbies, bars, taverns, bowling alleys, skating rinks, | 26 |
| reception areas, and no less than 75% of the sleeping quarters |
|
|
|
SB2757 Enrolled |
- 6 - |
LRB095 19981 KBJ 46410 b |
|
| 1 |
| within a hotel, motel, resort, inn, lodge, bed and breakfast, | 2 |
| or other similar public accommodation that are rented to | 3 |
| guests, but excludes private residences.
| 4 |
| "Restaurant" means (i) an eating establishment, including, | 5 |
| but not limited to, coffee shops, cafeterias, sandwich stands, | 6 |
| and private and public school cafeterias, that gives or offers | 7 |
| for sale food to the public, guests, or employees, and (ii) a | 8 |
| kitchen or catering facility in which food is prepared on the | 9 |
| premises for serving elsewhere. "Restaurant" includes a bar | 10 |
| area within the restaurant. | 11 |
| "Retail tobacco store" means a retail establishment that | 12 |
| derives more than 80% of its gross revenue from the sale of | 13 |
| loose tobacco, plants, or herbs and cigars, cigarettes, pipes, | 14 |
| and other smoking devices for burning tobacco and related | 15 |
| smoking accessories and in which the sale of other products is | 16 |
| merely incidental. "Retail tobacco store" includes an enclosed | 17 |
| workplace that manufactures, imports, or distributes tobacco | 18 |
| or tobacco products, when, as a necessary and integral part of | 19 |
| the process of making, manufacturing, importing, or | 20 |
| distributing a tobacco product for the eventual retail sale of | 21 |
| that tobacco or tobacco product, tobacco is heated, burned, or | 22 |
| smoked, or a lighted tobacco product is tested, provided that | 23 |
| the involved business entity: (1) maintains a specially | 24 |
| designated area or areas within the workplace for the purpose | 25 |
| of the heating, burning, smoking, or lighting activities, and | 26 |
| does not create a facility that permits smoking throughout; (2) |
|
|
|
SB2757 Enrolled |
- 7 - |
LRB095 19981 KBJ 46410 b |
|
| 1 |
| satisfies the 80% requirement related to gross sales; and (3) | 2 |
| delivers tobacco products to consumers, retail establishments, | 3 |
| or other wholesale establishments as part of its business. | 4 |
| "Retail tobacco store" does not include a tobacco department or | 5 |
| section of a larger commercial establishment or any | 6 |
| establishment with any type of liquor, food, or restaurant | 7 |
| license. Rulemaking authority to implement this amendatory Act | 8 |
| of the 95th General Assembly, if any, is conditioned on the | 9 |
| rules being adopted in accordance with all provisions of the | 10 |
| Illinois Administrative Procedure Act and all rules and | 11 |
| procedures of the Joint Committee on Administrative Rules; any | 12 |
| purported rule not so adopted, for whatever reason, is | 13 |
| unauthorized. | 14 |
| "Smoke" or "smoking" means the carrying, smoking, burning, | 15 |
| inhaling, or exhaling of any kind of lighted pipe, cigar, | 16 |
| cigarette, hookah, weed, herbs, or any other lighted smoking | 17 |
| equipment.
| 18 |
| "State agency" has the meaning formerly ascribed to it in | 19 |
| subsection
(a) of Section 3 of the Illinois Purchasing Act (now | 20 |
| repealed).
| 21 |
| "Unit of local government" has the meaning ascribed to it | 22 |
| in Section
1 of Article VII of the Illinois Constitution of | 23 |
| 1970.
| 24 |
| (Source: P.A. 95-17, eff. 1-1-08.) | 25 |
| (410 ILCS 82/15)
|
|
|
|
SB2757 Enrolled |
- 8 - |
LRB095 19981 KBJ 46410 b |
|
| 1 |
| Sec. 15. Smoking in public places, places of employment, | 2 |
| and governmental vehicles prohibited. No person shall smoke in | 3 |
| a public place or in any place of employment or within 15 feet | 4 |
| of any entrance to a public place or place of employment. No | 5 |
| person may smoke in any vehicle owned, leased, or operated by | 6 |
| the State or a political subdivision of the State. An owner | 7 |
| shall reasonably assure that smoking Smoking is prohibited in | 8 |
| indoor public places and workplaces unless specifically | 9 |
| exempted by Section 35 of this Act.
| 10 |
| (Source: P.A. 95-17, eff. 1-1-08.) | 11 |
| (410 ILCS 82/35)
| 12 |
| Sec. 35. Exemptions. Notwithstanding any other provision | 13 |
| of this Act, smoking is allowed in the following areas: | 14 |
| (1) Private residences or dwelling places, except when | 15 |
| used as a child care, adult day care, or healthcare | 16 |
| facility or any other home-based business open to the | 17 |
| public. | 18 |
| (2) Retail tobacco stores as defined in Section 10 of | 19 |
| this Act in operation prior to the effective date of this | 20 |
| amendatory Act of the 95th General Assembly. The retail | 21 |
| tobacco store shall annually file with the Department by | 22 |
| January 31st an affidavit stating the percentage of its | 23 |
| gross income during the prior calendar year that was | 24 |
| derived from the sale of loose tobacco, plants, or herbs | 25 |
| and cigars, cigarettes, pipes, or other smoking devices for |
|
|
|
SB2757 Enrolled |
- 9 - |
LRB095 19981 KBJ 46410 b |
|
| 1 |
| smoking tobacco and related smoking accessories. Any | 2 |
| retail tobacco store that begins operation after the | 3 |
| effective date of this amendatory Act may only qualify for | 4 |
| an exemption if located in a freestanding structure | 5 |
| occupied solely by the business and smoke from the business | 6 |
| does not migrate into an enclosed area where smoking is | 7 |
| prohibited. | 8 |
| (3) Private and semi-private rooms in nursing homes and | 9 |
| long-term care facilities that are occupied by one or more | 10 |
| persons, all of whom are smokers and have requested in | 11 |
| writing to be placed or to remain in a room where smoking | 12 |
| is permitted and the smoke shall not infiltrate other areas | 13 |
| of the nursing home. | 14 |
| (4) Hotel and motel sleeping rooms that are rented to | 15 |
| guests and are designated as smoking rooms, provided that | 16 |
| all smoking rooms on the same floor must be contiguous and | 17 |
| smoke from these rooms must not infiltrate into nonsmoking | 18 |
| rooms or other areas where smoking is prohibited. Not more | 19 |
| than 25% of the rooms rented to guests in a hotel or motel | 20 |
| may be designated as rooms where smoking is allowed. The | 21 |
| status of rooms as smoking or nonsmoking may not be | 22 |
| changed, except to permanently add additional nonsmoking | 23 |
| rooms.
| 24 |
| (5) Enclosed laboratories that are excluded from the | 25 |
| definition of "place of employment" in Section 10 of this | 26 |
| Act. Rulemaking authority to implement this amendatory Act |
|
|
|
SB2757 Enrolled |
- 10 - |
LRB095 19981 KBJ 46410 b |
|
| 1 |
| of the 95th General Assembly, if any, is conditioned on the | 2 |
| rules being adopted in accordance with all provisions of | 3 |
| the Illinois Administrative Procedure Act and all rules and | 4 |
| procedures of the Joint Committee on Administrative Rules; | 5 |
| any purported rule not so adopted, for whatever reason, is | 6 |
| unauthorized. | 7 |
| (6) Common smoking rooms in long-term care facilities
| 8 |
| operated under the authority of the Illinois Department of
| 9 |
| Veterans' Affairs that are accessible only to residents who
| 10 |
| are smokers and have requested in writing to have access to
| 11 |
| the common smoking room where smoking is permitted and the
| 12 |
| smoke shall not infiltrate other areas of the long-term | 13 |
| care facility. Rulemaking authority to implement this | 14 |
| amendatory Act of the 95th General Assembly, if any, is | 15 |
| conditioned on the rules being adopted in accordance with | 16 |
| all provisions of the Illinois Administrative Procedure | 17 |
| Act and all rules and procedures of the Joint Committee on | 18 |
| Administrative Rules; any purported rule not so adopted, | 19 |
| for whatever reason, is unauthorized. | 20 |
| (Source: P.A. 95-17, eff. 1-1-08.) | 21 |
| (410 ILCS 82/40)
| 22 |
| Sec. 40. Enforcement; complaints. | 23 |
| (a) The Department, State-certified local public health | 24 |
| departments, and local law enforcement agencies shall enforce | 25 |
| the provisions of this Act through the issuance of citations |
|
|
|
SB2757 Enrolled |
- 11 - |
LRB095 19981 KBJ 46410 b |
|
| 1 |
| and may assess fines pursuant to Section 45 of this Act. | 2 |
| (a-2) The citations issued pursuant to this Act shall | 3 |
| conspicuously include the following: | 4 |
| (1) the name of the offense and its statutory | 5 |
| reference; | 6 |
| (2) the nature and elements of the violation; | 7 |
| (3) the date and location of the violation; | 8 |
| (4) the name of the enforcing agency; | 9 |
| (5) the name of the violator; | 10 |
| (6) the amount of the imposed fine and the location | 11 |
| where the violator can pay the fine without objection; | 12 |
| (7) the address and phone number of the enforcing | 13 |
| agency where the violator can request a hearing before the | 14 |
| Department to contest the imposition of the fine imposed by | 15 |
| the citation under the rules and procedures of the | 16 |
| Administrative Procedure Act; | 17 |
| (8) the time period in which to pay the fine or to | 18 |
| request a hearing to contest the imposition of the fine | 19 |
| imposed by the citation; and | 20 |
| (9) the verified signature of the person issuing the | 21 |
| citation. | 22 |
| (a-3) One copy of the citation shall be provided to the | 23 |
| violator, one copy shall be retained by the enforcing agency, | 24 |
| and one copy shall be provided to the entity otherwise | 25 |
| authorized by the enforcing agency to receive fines on their | 26 |
| behalf. |
|
|
|
SB2757 Enrolled |
- 12 - |
LRB095 19981 KBJ 46410 b |
|
| 1 |
| (b) Any person may register a complaint with the | 2 |
| Department, a State-certified local public health department, | 3 |
| or a local law enforcement agency for a violation of this Act. | 4 |
| The Department shall establish a telephone number that a person | 5 |
| may call to register a complaint under this subsection (b).
| 6 |
| (c) The Department shall afford a violator the opportunity | 7 |
| to pay the fine without objection or to contest the citation in | 8 |
| accordance with the Illinois Administrative Procedure Act, | 9 |
| except that in case of a conflict between the Illinois | 10 |
| Administrative Procedure Act and this Act, the provisions of | 11 |
| this Act shall control. | 12 |
| (d) Upon receipt of a request for hearing to contest the | 13 |
| imposition of a fine imposed by a citation, the enforcing | 14 |
| agency shall immediately forward a copy of the citation and | 15 |
| notice of the request for hearing to the Department for | 16 |
| initiation of a hearing conducted in accordance with the | 17 |
| Illinois Administrative Procedure Act and the rules | 18 |
| established thereto by the Department applicable to contested | 19 |
| cases, except that in case of a conflict between the Illinois | 20 |
| Administrative Procedure Act and this Act, the provisions of | 21 |
| this Act shall control. Parties to the hearing shall be the | 22 |
| enforcing agency and the violator. | 23 |
| The Department shall notify the violator in writing of the | 24 |
| time, place, and location of the hearing. The hearing shall be | 25 |
| conducted at the nearest regional office of the Department, or | 26 |
| in a location contracted by the Department in the county where |
|
|
|
SB2757 Enrolled |
- 13 - |
LRB095 19981 KBJ 46410 b |
|
| 1 |
| the citation was issued. | 2 |
| (e) Fines imposed under this Act may be collected in | 3 |
| accordance with all methods otherwise available to the | 4 |
| enforcing agency or the Department, except that there shall be | 5 |
| no collection efforts during the pendency of the hearing before | 6 |
| the Department. | 7 |
| (f) Rulemaking authority to implement this amendatory Act | 8 |
| of the 95th General Assembly, if any, is conditioned on the | 9 |
| rules being adopted in accordance with all provisions of the | 10 |
| Illinois Administrative Procedure Act and all rules and | 11 |
| procedures of the Joint Committee on Administrative Rules; any | 12 |
| purported rule not so adopted, for whatever reason, is | 13 |
| unauthorized. | 14 |
| (Source: P.A. 95-17, eff. 1-1-08.) | 15 |
| (410 ILCS 82/45)
| 16 |
| Sec. 45. Violations. | 17 |
| (a) A person, corporation, partnership, association or | 18 |
| other
entity who violates Section 15 of this Act shall be fined | 19 |
| pursuant to this Section. Each day that a violation occurs is a | 20 |
| separate violation. | 21 |
| (b) A person who smokes in an area where smoking is | 22 |
| prohibited under Section 15 of this Act shall be fined in an | 23 |
| amount that is not less than $100 for a first offense and not | 24 |
| more than $250 for each subsequent offense . A person who owns, | 25 |
| operates, or otherwise controls a public place or place of |
|
|
|
SB2757 Enrolled |
- 14 - |
LRB095 19981 KBJ 46410 b |
|
| 1 |
| employment that violates Section 15 of this Act shall be fined | 2 |
| (i) not less than $250 for the first violation, (ii) not less | 3 |
| than $500 for the second violation within one year after the | 4 |
| first violation, and (iii) not less than $2,500 for each | 5 |
| additional violation within one year after the first violation. | 6 |
| (c) A fine imposed under this Section shall be allocated as | 7 |
| follows: | 8 |
| (1) one-half of the fine shall be distributed to the | 9 |
| Department; and | 10 |
| (2) one-half of the fine shall be distributed to the | 11 |
| enforcing agency.
| 12 |
| (d) Rulemaking authority to implement this amendatory Act | 13 |
| of the 95th General Assembly, if any, is conditioned on the | 14 |
| rules being adopted in accordance with all provisions of the | 15 |
| Illinois Administrative Procedure Act and all rules and | 16 |
| procedures of the Joint Committee on Administrative Rules; any | 17 |
| purported rule not so adopted, for whatever reason, is | 18 |
| unauthorized. | 19 |
| (Source: P.A. 95-17, eff. 1-1-08.) | 20 |
| (410 ILCS 82/50)
| 21 |
| Sec. 50. Injunctions. In addition to any other sanction or | 22 |
| remedy, the The Department, a State-certified local public | 23 |
| health department, local law enforcement agency, or any | 24 |
| individual
personally affected by repeated violations may | 25 |
| institute, in a circuit court,
an action to enjoin violations |
|
|
|
SB2757 Enrolled |
- 15 - |
LRB095 19981 KBJ 46410 b |
|
| 1 |
| of this Act.
| 2 |
| (Source: P.A. 95-17, eff. 1-1-08.) | 3 |
| (410 ILCS 82/60)
| 4 |
| Sec. 60. Severability. If any provision, clause or | 5 |
| paragraph of this Act shall be
held invalid by a court of | 6 |
| competent jurisdiction, such invalidity validity shall not
| 7 |
| affect the other provisions of this Act.
| 8 |
| (Source: P.A. 95-17, eff. 1-1-08.)
| 9 |
| Section 99. Effective date. This Act takes effect upon | 10 |
| becoming law. |
|