HB4338ham001 94TH GENERAL ASSEMBLY

Health Care Availability and Access Committee

Filed: 2/7/2006

09400HB4338ham001 LRB094 15766 LJB 55519 a

AMENDMENT TO HOUSE BILL 4338

AMENDMENT NO. ______. Amend House Bill 4338 by replacing everything after the enacting clause with the following:

"Section 5. The Illinois Clean Indoor Air Act is amended by changing Sections 1, 2, 3, 4, 6, 7, 8, 9, 10, and 11 and by adding Sections 4.5, 12, and 13 as follows:

(410 ILCS 80/1) (from Ch. 111 1/2, par. 8201)

Sec. 1. Short title. This Act shall be known and may be cited as the "Illinois Clean Indoor Air Act".

(Source: P.A. 86-1018.)

(410 ILCS 80/2) (from Ch. 111 1/2, par. 8202)

Sec. 2. Legislative findings. The General Assembly finds that tobacco smoke is a harmful and dangerous carcinogen to human beings and a hazard to workers' 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 1,570 Illinois citizens die each year from exposure to secondhand tobacco smoke. The United States Surgeon General has determined that the simple separation of smokers and nonsmokers within the same air space may reduce, but does not eliminate, the exposure of nonsmokers to secondhand smoke. The Environmental Protection Agency has determined that secondhand smoke cannot be reduced to safe levels in business by high rates of ventilation. Air cleaners, which are only capable 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 recently promulgated 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.

(Source: P.A. 94-517, eff. 1-1-06.)

(410 ILCS 80/3) (from Ch. 111 1/2, par. 8203)

Sec. 3. Definitions. For the purposes of this Act, the following terms have the meanings ascribed to them in this Section unless different meanings are plainly indicated by the context:

(a) "Department" means the Department of Public Health.

(b) (Blank). "Proprietor" means any individual or his designated agent who by virtue of his office, position, authority, or duties has legal or administrative responsibility for the use or operation of property.

(c) "Public place Place" means any enclosed area to which the public is invited or in which the public is permitted, including, without limitation, banks, bars, educational facilities, enclosed or semi-enclosed sports arenas, government buildings, health care facilities, laundromats, museums, public transportation facilities, reception areas, recreational areas, restaurants, retail food production and marketing establishments, retail service establishments, retail stores, shopping malls, sports arenas, theaters, and waiting rooms. "Public place" includes members-only clubs or associations. indoor area used by the public or serving as a place of work including, but not limited to, hospitals, restaurants, retail stores, offices, commercial establishments, elevators, indoor theaters, libraries, art museums, concert halls, public conveyances, educational facilities, nursing homes, auditoriums, arenas, and meeting rooms, but excluding bowling establishments and excluding places whose primary business is the sale of alcoholic beverages for consumption on the premises and excluding rooms rented for the purpose of living quarters or sleeping or housekeeping accommodations from a hotel, as defined in the Hotel Operators' Occupation Tax Act, and private, enclosed offices occupied exclusively by smokers, even though such offices may be visited by nonsmokers.

(d) "Smoking" means the act of inhaling, exhaling, burning, or carrying the smoke from or possessing a lighted cigarette, cigar, pipe, weed, hookah, or other lighted cigarette tobacco product in any manner or form or any other form of tobacco or similar substance used for smoking.

(e) "State agency" has the meaning formerly ascribed to it in subsection (a) of Section 3 of the Illinois Purchasing Act (now repealed).

(f) "Unit of local government" has the meaning ascribed to it in Section 1 of Article VII of the Illinois Constitution of 1970.

(g) "Bar" means an establishment that is devoted to the serving of alcoholic beverages for consumption by guests on the premises and in which the serving of food is only incidental to the consumption of those beverages. "Bar" includes, but is not limited to, taverns, nightclubs, cocktail lounges, and cabarets.

(h) "Business" means a sole proprietorship, joint venture, corporation, or other business entity, either for-profit or not-for-profit, including (i) retail establishments where goods or services are sold; (ii) professional corporations and other entities where legal, medical, dental, engineering, architectural, or other professional services are delivered; and (iii) private clubs.

(i) "Employee" means a person who is employed by an employer in consideration for direct or indirect monetary wages or profit or a person who volunteers his or her services for a non-profit entity.

(j) "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.

(k) "Enclosed area" means all space between a floor and a ceiling that is enclosed or semi-enclosed with (i) solid walls or windows, exclusive of doorways, or (ii) solid walls with half wall partitions and no windows, exclusive of doorways, that extend from the floor to the ceiling, including, without limitation, lobbies and corridors.

(l) "Enclosed or semi-enclosed sports arena" or "recreational area" means any sports pavilion, stadium, gymnasium, health spa, boxing arena, swimming pool, roller and ice rink, bowling alley, or other similar place where members of the general public assemble to engage in physical exercise or participate in athletic competition or recreational activity or to witness sports, cultural, recreational, or other events.

(m) "Health care 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. "Health care facility" includes all waiting rooms, hallways, private rooms, semiprivate rooms, and wards within health care facilities.

(n) "Place of employment" means an area under the control of a public or private employer that employees normally frequent during the course of employment, including, but not limited to, work areas, employee lounges, restrooms, conference rooms, meeting rooms, classrooms, employee cafeterias, hallways, and vehicles.

(o) "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) kitchens and catering facilities in which food is prepared on the premises for serving elsewhere. "Restaurant" includes a bar area within the restaurant.

(p) "Retail tobacco store" means any retail store utilized primarily for the sale of tobacco products and accessories (i) in which the sale of other products is merely incidental, (ii) that does not hold a food service establishment license or liquor license, and (iii) where no one under 18 years of age is permitted.

(Source: P.A. 92-651, eff. 7-11-02.)

(410 ILCS 80/4) (from Ch. 111 1/2, par. 8204)

Sec. 4. Smoking in public places, places of employment, and State-owned vehicles prohibited. No person shall smoke in a public place or place of employment or within 15 feet of any entrance to a public place or place of employment. No person shall smoke in any vehicle owned, leased, or operated by the State or a political subdivision of the State. except in that portion of a public place which may be established and posted under Section 5 as a smoking area. This prohibition does not apply in cases in which an entire room or hall is used for a private social function and seating arrangements are under the control of the sponsor of the function and not of the proprietor or person in charge of the place. Furthermore, this prohibition shall not apply to factories, warehouses and similar places of work not usually frequented by the general public.

(Source: P.A. 86-1018.)

(410 ILCS 80/4.5 new)

Sec. 4.5. 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.

(410 ILCS 80/6) (from Ch. 111 1/2, par. 8206)

Sec. 6. 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 7 of this Act. The State or unit of local government or school district official or their designee or a proprietor and his agents in control of a place which includes a public place shall make reasonable efforts to prevent smoking in the public place outside established smoking areas by posting appropriate signs or contacting a law enforcement officer, or other appropriate means.

(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 any person may call to register a complaint under this subsection (b).

(Source: P.A. 86-1018.)

(410 ILCS 80/7) (from Ch. 111 1/2, par. 8207)

Sec. 7. Violations.

(a) A person, corporation, partnership, association or other entity, who violates Section 4 of this Act shall be fined pursuant to this Section is guilty of a petty offense. Each day that a violation occurs is a separate violation.

(b) A person who smokes in an area where smoking is prohibited under Section 4 of this Act shall be fined in an amount that is not less than $100 and not more than $500. A person who owns, operates, or otherwise controls a public place or place of employment that violates Section 4 of this Act shall be fined (i) not more than $250 for the first violation, (ii) not more than $500 for the second violation within one year after the first violation, and (iii) not more than $2,500 for each additional violation within one year after the first violation and shall receive a 60-day suspension or a revocation of any permit or license issued to the person, corporation, partnership, association, or other entity for the premises at which the violation occurred.

(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.

(Source: P.A. 86-1018.)

(410 ILCS 80/8) (from Ch. 111 1/2, par. 8208)

Sec. 8. Injunctions. The Department, a local board of health, 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. 86-1018.)

(410 ILCS 80/9) (from Ch. 111 1/2, par. 8209)

Sec. 9. Discrimination prohibited. No individual may be discriminated against in any manner because of the exercise of any rights afforded by this Act.

(Source: P.A. 86-1018.)

(410 ILCS 80/10) (from Ch. 111 1/2, par. 8210)

Sec. 10. 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.

(Source: P.A. 86-1018.)

(410 ILCS 80/11) (from Ch. 111 1/2, par. 8211)

Sec. 11. Local government regulation of smoking. Home rule.

(a) A Except as provided in subsection (b), a home rule unit of local government or any municipality or county in this State may regulate smoking in public places and places of employment, 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) (Blank) Any home rule unit that has passed an ordinance concerning the regulation of smoking prior to October 1, 1989 is exempt from the requirements of subsection (a).

(Source: P.A. 94-517, eff. 1-1-06.)

(410 ILCS 80/12 new)

Sec. 12. Exemption from Act. The following are exempt from the requirements of this Act:

(1) Municipalities with a population greater than 500,000.

(2) Private residences, except when used as a licensed childcare facility, adult care facility, health care facility, or a home-based business of any kind open to the public.

(3) Hotel and motel sleeping rooms that are rented to guests and are designated as smoking rooms, except that not more than 25% of the rooms rented to guests in a hotel or motel may be designated as smoking rooms.

(4) Retail tobacco stores, if smoke from the retail tobacco store does not infiltrate into areas where smoking is prohibited under the provisions of this Act.

(410 ILCS 80/13 new)

Sec. 13. Rules. The Department shall adopt rules necessary for the administration of this Act.

(410 ILCS 80/5 rep.)

Section 10. The Illinois Clean Indoor Air Act is amended by repealing Section 5.

Section 99. Effective date. This Act takes effect January 15, 2007.".