Full Text of HB3551 97th General Assembly
HB3551 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB3551 Introduced 2/24/2011, by Rep. Rita Mayfield SYNOPSIS AS INTRODUCED: |
| 410 ILCS 82/10 | | 410 ILCS 82/35 | |
|
Amends the Smoke Free Illinois Act. Removes private clubs from the list of locations included in the definition of "public place". Exempts private clubs from the Act.
|
| |
| | A BILL FOR |
|
| | | HB3551 | | LRB097 08319 RPM 48446 b |
|
| 1 | | AN ACT concerning public 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 and 35 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 |
| | | HB3551 | - 2 - | LRB097 08319 RPM 48446 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 |
| | | HB3551 | - 3 - | LRB097 08319 RPM 48446 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 |
| | | HB3551 | - 4 - | LRB097 08319 RPM 48446 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 |
| | | HB3551 | - 5 - | LRB097 08319 RPM 48446 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 |
| | | HB3551 | - 6 - | LRB097 08319 RPM 48446 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) |
| | | HB3551 | - 7 - | LRB097 08319 RPM 48446 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. "Smoke" or "smoking" does not include smoking that | 18 | | is associated with a native recognized religious ceremony, | 19 | | ritual, or activity by American Indians that is in accordance | 20 | | with the federal American Indian Religious Freedom Act, 42 | 21 | | U.S.C. 1996 and 1996a.
| 22 | | "State agency" has the meaning formerly ascribed to it in | 23 | | subsection
(a) of Section 3 of the Illinois Purchasing Act (now | 24 | | repealed).
| 25 | | "Unit of local government" has the meaning ascribed to it | 26 | | in Section
1 of Article VII of the Illinois Constitution of |
| | | HB3551 | - 8 - | LRB097 08319 RPM 48446 b |
|
| 1 | | 1970.
| 2 | | (Source: P.A. 95-17, eff. 1-1-08; 95-1029, eff. 2-4-09; 96-797, | 3 | | eff. 1-1-10.) | 4 | | (410 ILCS 82/35) | 5 | | Sec. 35. Exemptions. Notwithstanding any other provision | 6 | | of this Act, smoking is allowed in the following areas: | 7 | | (1) Private residences or dwelling places, except when | 8 | | used as a child care, adult day care, or healthcare | 9 | | facility or any other home-based business open to the | 10 | | public. | 11 | | (2) Retail tobacco stores as defined in Section 10 of | 12 | | this Act in operation prior to the effective date of this | 13 | | amendatory Act of the 95th General Assembly. The retail | 14 | | tobacco store shall annually file with the Department by | 15 | | January 31st an affidavit stating the percentage of its | 16 | | gross income during the prior calendar year that was | 17 | | derived from the sale of loose tobacco, plants, or herbs | 18 | | and cigars, cigarettes, pipes, or other smoking devices for | 19 | | smoking tobacco and related smoking accessories. Any | 20 | | retail tobacco store that begins operation after the | 21 | | effective date of this amendatory Act may only qualify for | 22 | | an exemption if located in a freestanding structure | 23 | | occupied solely by the business and smoke from the business | 24 | | does not migrate into an enclosed area where smoking is | 25 | | prohibited. |
| | | HB3551 | - 9 - | LRB097 08319 RPM 48446 b |
|
| 1 | | (3) (Blank). | 2 | | (4) Hotel and motel sleeping rooms that are rented to | 3 | | guests and are designated as smoking rooms, provided that | 4 | | all smoking rooms on the same floor must be contiguous and | 5 | | smoke from these rooms must not infiltrate into nonsmoking | 6 | | rooms or other areas where smoking is prohibited. Not more | 7 | | than 25% of the rooms rented to guests in a hotel or motel | 8 | | may be designated as rooms where smoking is allowed. The | 9 | | status of rooms as smoking or nonsmoking may not be | 10 | | changed, except to permanently add additional nonsmoking | 11 | | rooms. | 12 | | (5) Enclosed laboratories that are excluded from the | 13 | | definition of "place of employment" in Section 10 of this | 14 | | Act. Rulemaking authority to implement this amendatory Act | 15 | | of the 95th General Assembly, if any, is conditioned on the | 16 | | rules being adopted in accordance with all provisions of | 17 | | the Illinois Administrative Procedure Act and all rules and | 18 | | procedures of the Joint Committee on Administrative Rules; | 19 | | any purported rule not so adopted, for whatever reason, is | 20 | | unauthorized. | 21 | | (6) Common smoking rooms in long-term care facilities
| 22 | | operated under the authority of the Illinois Department of
| 23 | | Veterans' Affairs or licensed under the Nursing Home Care | 24 | | Act that are accessible only to residents who
are smokers | 25 | | and have requested in writing to have access to
the common | 26 | | smoking room where smoking is permitted and the
smoke shall |
| | | HB3551 | - 10 - | LRB097 08319 RPM 48446 b |
|
| 1 | | not infiltrate other areas of the long-term care facility. | 2 | | Rulemaking authority to implement this amendatory Act of | 3 | | the 95th General Assembly, if any, is conditioned on the | 4 | | rules being adopted in accordance with all provisions of | 5 | | the Illinois Administrative Procedure Act and all rules and | 6 | | procedures of the Joint Committee on Administrative Rules; | 7 | | any purported rule not so adopted, for whatever reason, is | 8 | | unauthorized. | 9 | | (7) A private club. | 10 | | (Source: P.A. 95-17, eff. 1-1-08; 95-1029, eff. 2-4-09; | 11 | | 96-1357, eff. 1-1-11.)
|
|