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 property covered under the Smoke Free Illinois Act, or
17enclosed laboratories, not open to the public, in an accredited
18university or government facility where the activity of smoking
19is exclusively conducted for the purpose of medical or
20scientific, health-related research.
21    "Employee" means an individual who is employed by a
22State-supported institution of higher education in
23consideration for direct or indirect monetary wages or profit.
24    "Governing authority" means the administrative branch of
25the State-supported institution of higher education.



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1    "Guest" means a visitor to the campus of a State-supported
2institution of higher education.
3    "Smoke" or "smoking" means the carrying, smoking, burning,
4inhaling, or exhaling of any kind of lighted pipe, cigar,
5cigarette, hookah, weed, herbs, or other lighted smoking
6equipment. "Smoke" or "smoking" also includes products
7containing or delivering nicotine intended or expected for
8human consumption, or any part of such a product, that is not a
9tobacco product as defined by Section 321(rr) of Title 21 of
10the United States Code, unless it has been approved or
11otherwise certified for legal sale by the United States Food
12and Drug Administration for tobacco use cessation or other
13medical purposes and is being marketed and sold solely for that
14approved purpose. "Smoke" or "smoking" does not include smoking
15that is associated with a native recognized religious ceremony,
16ritual, or activity by American Indians that is in accordance
17with the federal American Indian Religious Freedom Act,
18Sections 1996 and 1996a of Title 42 of the 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, 2015, 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 a campus in a vehicle that is not owned by a
9State-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, 2015 and
18to each guest of a State-supported institution of higher
19education upon request.
20    (d) Each State-supported institution of higher education
21shall create and post on its Internet website a smoke-free
22campus map indicating the locations where smoking is prohibited
23under this Act.
24    Section 20. Smoke-free campus task force. On or before



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1December 31, 2014, each State-supported institution of higher
2education shall establish a community task force for the
3purpose of coordinating with community and campus leaders for
4the implementation of this Act.
5    The governing board of each State-supported institution of
6higher education shall coordinate with its respective
7community task force to implement a public education and notice
8program regarding this Act. As part of the notice to students,
9employees, and the public, "No Smoking" signs or the
10international "No Smoking" symbol (consisting of a pictorial
11representation of a burning cigarette enclosed in a red circle
12with a red bar across it) may be clearly and conspicuously
13posted on each campus where smoking is prohibited by this Act.
14    Section 25. Penalties and rules. The governing board of
15each State-supported institution of higher education shall
16implement this Act and shall promulgate all policies and
17regulations necessary for this purpose, including, but not
18limited to, disciplinary action, fines, and an appeals process.
19    Section 30. Conflict. In case of conflict with provisions
20of the Smoke Free Illinois Act, the provisions of the Smoke
21Free Illinois Act shall control.
22    Section 99. Effective date. This Act takes effect upon
23becoming law.