Illinois General Assembly - Full Text of SB2202
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Full Text of SB2202  98th General Assembly




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1    AN ACT concerning higher education.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 1. Short title. This Act may be cited as the
5Smoke-Free Campus Act.
6    Section 5. Findings. The General Assembly finds that
7tobacco smoke is a harmful and dangerous carcinogen to human
8beings and a hazard to public health. Secondhand tobacco smoke
9causes at least 65,000 deaths each year from heart disease and
10lung cancer according to the National Cancer Institute.
11Secondhand tobacco smoke causes heart disease, stroke, cancer,
12sudden infant death syndrome, low birth weight in infants,
13asthma and the exacerbation of asthma, bronchitis, and
14pneumonia in children and adults. Secondhand tobacco smoke is
15the third leading cause of preventable death in the United
16States. Illinois workers exposed to secondhand tobacco smoke
17are at an increased risk of premature death. An estimated 2,900
18Illinois citizens die each year from exposure to secondhand
19tobacco smoke.
20    The General Assembly also finds that the United States
21Surgeon General's 2006 report has determined that there is no
22risk-free level of exposure to secondhand smoke; the scientific
23evidence that secondhand smoke causes serious diseases,



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1including lung cancer, heart disease, and respiratory
2illnesses such as bronchitis and asthma, is massive and
3conclusive; separating smokers from nonsmokers, cleaning the
4air, and ventilating buildings cannot eliminate secondhand
5smoke exposure; smoke-free policies are effective in reducing
6secondhand smoke exposure.
7    The General Assembly also finds that a law that prohibits
8smoking on the campuses of State-supported institutions of
9higher education will reduce secondhand smoke exposure among
10nonsmokers as well as prepare students for the workplace and
11ensure a healthy environment for all campus communities.
12    Section 10. Definitions. In this Act:
13    "Campus" means all property, including buildings, grounds,
14parking lots, and vehicles that are owned or operated by a
15State-supported institution of higher education, but does not
16include enclosed laboratories, not open to the public, in an
17accredited university or government facility where the
18activity of smoking is exclusively conducted for the purpose of
19medical or scientific, health-related research.
20    "Employee" means an individual who is employed by a
21State-supported institution of higher education in
22consideration for direct or indirect monetary wages or profit.
23    "Governing authority" means the administrative branch of
24the State-supported institution of higher education.
25    "Guest" means a visitor to the campus of a State-supported



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1institution of higher education.
2    "Smoke" or "smoking" means the carrying, smoking, burning,
3inhaling, or exhaling of any kind of lighted pipe, cigar,
4cigarette, hookah, weed, herbs, or other lighted smoking
5equipment. "Smoke" or "smoking" also includes products
6containing or delivering nicotine intended or expected for
7human consumption, or any part of such a product, that is not a
8tobacco product as defined by Section 321(rr) of Title 21 of
9the United States Code, unless it has been approved or
10otherwise certified for legal sale by the United States Food
11and Drug Administration for tobacco use cessation, harm
12reduction, or for other medical purposes and is being marketed
13and sold solely for that approved purpose. "Smoke" or "smoking"
14does not include smoking that is associated with a native
15recognized religious ceremony, ritual, or activity by American
16Indians that is in accordance with the federal American Indian
17Religious Freedom Act, Sections 1996 and 1996a of Title 42 of
18the United States Code.
19    "Student" means an individual enrolled in a credit or
20noncredit course at a State-supported institution of higher
22    "State-supported institution of higher education" means
23the University of Illinois, Southern Illinois University,
24Chicago State University, Eastern Illinois University,
25Governors State University, Illinois State University,
26Northeastern Illinois University, Northern Illinois



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1University, Western Illinois University, and the public
2community colleges subject to the Public Community College Act.
3    Section 15. Prohibitions on smoking.
4    (a) Beginning on July 1, 2014, smoking is prohibited on
5each campus of a State-supported institution of higher
6education. The prohibition set forth in this subsection (a)
7shall not apply to any instance in which an individual is
8traveling through or parked on a campus in a vehicle that is
9not owned by a State-supported institution of higher education.
10    (b) An individual or campus subject to the smoking
11prohibitions of this Act may not discriminate or retaliate in
12any manner against a person for making a complaint of a
13violation of this Act or furnishing information concerning a
14violation to a person, campus, or governing authority.
15    (c) The prohibitions on smoking in this Act must be
16communicated to all students and employees of State-supported
17institutions of higher education on or before May 1, 2014 and
18to each guest of a State-supported institution of higher
19education upon request.
20    Section 20. Smoke-free campus task force. On or before
21December 31, 2013, each State-supported institution of higher
22education shall establish a community task force for the
23purpose of coordinating with community and campus leaders for
24the implementation of this Act.



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1    The governing board of each State-supported institution of
2higher education shall coordinate with its respective
3community task force to implement a public education and notice
4program regarding this Act. As part of the notice to students,
5employees, and the public, "No Smoking" signs or the
6international "No Smoking" symbol (consisting of a pictorial
7representation of a burning cigarette enclosed in a red circle
8with a red bar across it) may be clearly and conspicuously
9posted on each campus where smoking is prohibited by this Act.
10    Section 25. Penalties and rules. The governing board of
11each State-supported institution of higher education shall
12implement this Act and shall promulgate all policies and
13regulations necessary for this purpose, including, but not
14limited to, disciplinary action, fines, and an appeals process.
15Any State-supported institution of higher education may
16regulate smoking in public places, but that regulation must be
17no less restrictive than this Act.
18    Section 99. Effective date. This Act takes effect upon
19becoming law.