Full Text of HB4338 94th General Assembly
HB4338 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB4338
Introduced 12/30/2005, by Rep. Annazette Collins SYNOPSIS AS INTRODUCED: |
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410 ILCS 80/1 |
from Ch. 111 1/2, par. 8201 |
410 ILCS 80/2 |
from Ch. 111 1/2, par. 8202 |
410 ILCS 80/3 |
from Ch. 111 1/2, par. 8203 |
410 ILCS 80/4 |
from Ch. 111 1/2, par. 8204 |
410 ILCS 80/5 |
from Ch. 111 1/2, par. 8205 |
410 ILCS 80/6 |
from Ch. 111 1/2, par. 8206 |
410 ILCS 80/7 |
from Ch. 111 1/2, par. 8207 |
410 ILCS 80/8 |
from Ch. 111 1/2, par. 8208 |
410 ILCS 80/9 |
from Ch. 111 1/2, par. 8209 |
410 ILCS 80/10 |
from Ch. 111 1/2, par. 8210 |
410 ILCS 80/11 |
from Ch. 111 1/2, par. 8211 |
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Amends the Illinois Clean Indoor Air Act. Includes bars, taverns, and bowling alleys in the definition of "public place". Provides that no person shall smoke within 15 feet of any entrance to a public place. Provides that the proprietor of a restaurant, bar, or tavern (now, elected and appointed officials of the State of Illinois
and of any unit of local government and of any school district, or their
designee, having control over property of the State or of a unit of local
government or of a school district which includes a public place, and the
proprietor of a structure which includes a public place) may establish a smoking area on the premises until 2 years after the effective date of the amendatory Act, at which time the restaurant, bar, or tavern must otherwise comply with the Act. Provides that any public place may have a smoking area if it is equipped with devices to render the exposure to secondhand smoke in the area equivalent to exposure to secondhand smoke in the ambient outdoor air surrounding the public place and requires the Department of Public Health to adopt rules relating to this provision. Makes other changes.
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A BILL FOR
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HB4338 |
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LRB094 15766 LJB 50981 b |
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| AN ACT concerning public health.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Clean Indoor Air Act is amended by | 5 |
| changing Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, and 11 as | 6 |
| follows:
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| (410 ILCS 80/1) (from Ch. 111 1/2, par. 8201)
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| Sec. 1. Short title.
This Act shall be known and may be | 9 |
| cited as the "Illinois
Clean Indoor Air Act".
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| (Source: P.A. 86-1018.)
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| (410 ILCS 80/2) (from Ch. 111 1/2, par. 8202)
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| Sec. 2. Legislative findings.
The General Assembly finds | 13 |
| that tobacco smoke is
harmful and dangerous to human beings and | 14 |
| a hazard to public health. Secondhand tobacco smoke causes at | 15 |
| least 65,000 deaths each year from heart disease and lung | 16 |
| cancer according to the National Cancer Institute. Secondhand | 17 |
| tobacco smoke causes sudden infant death syndrome, | 18 |
| low-birth-weight in infants, asthma and exacerbation of | 19 |
| asthma, bronchitis and pneumonia in children and adults. | 20 |
| Secondhand tobacco smoke is the third leading cause of | 21 |
| preventable death in the United States. Illinois workers | 22 |
| exposed to secondhand tobacco smoke are at increased risk of | 23 |
| premature death. An estimated 1,570 Illinois citizens die each | 24 |
| year from exposure to secondhand tobacco smoke.
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| (Source: P.A. 94-517, eff. 1-1-06.)
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| (410 ILCS 80/3) (from Ch. 111 1/2, par. 8203)
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| Sec. 3. Definitions.
For the purposes of this Act, the | 28 |
| following terms have the
meanings ascribed to them in this | 29 |
| Section unless different meanings are
plainly indicated by the | 30 |
| context:
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| (a) "Department" means the Department of Public Health.
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| (b) "Proprietor" means any individual or his designated | 3 |
| agent who by
virtue of his office, position, authority, or | 4 |
| duties has legal or
administrative responsibility for the use | 5 |
| or operation of property.
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| (c) "Public Place" means any enclosed indoor area used by | 7 |
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public or serving as a place of work including, but not | 8 |
| limited to,
hospitals, restaurants, bars, taverns, bowling | 9 |
| alleys, retail stores, offices, commercial establishments,
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| elevators, indoor theaters, libraries, art museums, concert | 11 |
| halls, public
conveyances, educational facilities, nursing | 12 |
| homes, auditoriums, arenas,
and meeting rooms, but excluding | 13 |
| bowling establishments and excluding places
whose primary | 14 |
| business is the sale of alcoholic beverages for consumption
on | 15 |
| the premises and excluding rooms rented for the purpose of | 16 |
| living
quarters or sleeping or housekeeping accommodations | 17 |
| from a hotel, as
defined in the Hotel Operators' Occupation Tax | 18 |
| Act, and private, enclosed
offices occupied exclusively by | 19 |
| smokers, even though such offices may be
visited by nonsmokers.
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| (d) "Smoking" means the act of inhaling the smoke from or | 21 |
| possessing a
lighted cigarette, cigar, pipe, or any other form | 22 |
| of tobacco or similar
substance used for smoking.
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| (e) "State agency" has the meaning formerly ascribed to it | 24 |
| in subsection
(a) of Section 3 of the Illinois Purchasing Act | 25 |
| (now repealed).
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| (f) "Unit of local government" has the meaning ascribed to | 27 |
| it in Section
1 of Article VII of the Illinois Constitution of | 28 |
| 1970.
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| (Source: P.A. 92-651, eff. 7-11-02.)
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| (410 ILCS 80/4) (from Ch. 111 1/2, par. 8204)
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| Sec. 4. Smoking in public places prohibited; exceptions.
No | 32 |
| person shall smoke in a public place or within 15 feet of any | 33 |
| entrance to a public place except in
that portion of a public | 34 |
| place which may be established and
posted under Section 5 as a | 35 |
| smoking area. This prohibition
does not apply in cases in which |
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LRB094 15766 LJB 50981 b |
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| an entire room or hall is
used for a private social function | 2 |
| and seating arrangements
are under the control of the sponsor | 3 |
| of the function and not
of the proprietor or person in charge | 4 |
| of the place. Furthermore,
this prohibition shall not apply to | 5 |
| factories, warehouses and
similar places of work not usually | 6 |
| frequented by the general public.
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| (Source: P.A. 86-1018.)
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| (410 ILCS 80/5) (from Ch. 111 1/2, par. 8205)
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| Sec. 5. Smoking areas.
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| (a) The proprietor of a restaurant, bar, or tavern
elected | 11 |
| and appointed officials of the State of Illinois
and of any | 12 |
| unit of local government and of any school district, or their
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| designee, having control over property of the State or of a | 14 |
| unit of local
government or of a school district which includes | 15 |
| a public place, and the
proprietor of a structure which | 16 |
| includes a public place may establish an
area on the premises | 17 |
| as a smoking area where smoking shall be permitted,
unless | 18 |
| otherwise prohibited by law or ordinance , until 2 years after | 19 |
| the effective date of this amendatory Act of the 94th General | 20 |
| Assembly, at which time the restaurant, bar, or tavern shall | 21 |
| comply with subsection (b) of this Section or Section 4 of this | 22 |
| Act . When establishing an area
as a smoking area, a person | 23 |
| establishing such area shall utilize existing
physical | 24 |
| barriers, ventilation systems, and other physical elements of | 25 |
| the
premises to minimize the intrusion of smoke into areas | 26 |
| where smoking is not
permitted. When a public place is a single | 27 |
| room or enclosure, a person
establishing such area may satisfy | 28 |
| the purposes and provisions of this Act
by establishing a | 29 |
| reasonable portion of the room or enclosure as a smoking area.
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| (b) Any public place subject to this Act whose owner or | 31 |
| operator can demonstrate to the Department that a smoking area | 32 |
| has been equipped with air filtration or purification devices | 33 |
| or similar technologies that render the exposure to secondhand | 34 |
| smoke in the area equivalent to exposure to secondhand smoke in | 35 |
| the ambient outdoor air surrounding the public place shall be |
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| exempt from the prohibition of Section 4 of this Act. The | 2 |
| Department shall adopt rules specifying the types of | 3 |
| technologies that satisfy the requirements of this subsection | 4 |
| (b).
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| (Source: P.A. 86-1018.)
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| (410 ILCS 80/6) (from Ch. 111 1/2, par. 8206)
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| Sec. 6. Enforcement.
The State or unit of local government | 8 |
| or school district
official or their designee or a proprietor | 9 |
| and his agents in control of a
place which includes a public | 10 |
| place shall make reasonable efforts to
prevent smoking in the | 11 |
| public place outside established smoking areas by
posting | 12 |
| appropriate signs or contacting a law enforcement officer, or | 13 |
| other
appropriate means.
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| (Source: P.A. 86-1018.)
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| (410 ILCS 80/7) (from Ch. 111 1/2, par. 8207)
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| Sec. 7. Violations.
A person, corporation, partnership, | 17 |
| association or other
entity, who violates Section 4 of this Act | 18 |
| is guilty of a petty offense.
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| (Source: P.A. 86-1018.)
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| (410 ILCS 80/8) (from Ch. 111 1/2, par. 8208)
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| Sec. 8. Injunctions.
The Department, a local board of | 22 |
| health, or any individual
personally affected by repeated | 23 |
| violations may institute, in a circuit court,
an action to | 24 |
| enjoin violations of this Act.
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| (Source: P.A. 86-1018.)
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| (410 ILCS 80/9) (from Ch. 111 1/2, par. 8209)
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| Sec. 9. Discrimination prohibited.
No individual may be | 28 |
| discriminated against in any manner
because of the exercise of | 29 |
| any rights afforded by this Act.
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| (Source: P.A. 86-1018.)
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| (410 ILCS 80/10) (from Ch. 111 1/2, par. 8210)
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| Sec. 10. Severability.
If any provision, clause or | 2 |
| paragraph of this Act shall be
held invalid by a court of | 3 |
| competent jurisdiction, such validity shall not
affect the | 4 |
| other provisions of this Act.
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| (Source: P.A. 86-1018.)
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| (410 ILCS 80/11)
(from Ch. 111 1/2, par. 8211)
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| Sec. 11. Home rule.
Home rule.
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| (a) Except as provided in subsection (b), a home rule
unit
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| of local government or any municipality in this State
may | 10 |
| regulate smoking in public places, but that regulation
must be | 11 |
| no less restrictive than this Act. This subsection (a)
is a | 12 |
| limitation on the concurrent exercise of home rule power under | 13 |
| subsection
(i) of Section 6 of Article VII of the Illinois | 14 |
| Constitution.
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| (b) Any
home rule unit that has passed an ordinance | 16 |
| concerning the regulation of
smoking prior to October 1, 1989 | 17 |
| is exempt from the requirements of
subsection
(a).
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| (Source: P.A. 94-517, eff. 1-1-06.)
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