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Smoke Free Illinois Act
Public Act 095-0017
SB0500 Enrolled
LRB095 04425 KBJ 24470
b
AN ACT concerning
public health.
Be it enacted by the
People of the State of Illinois, represented in the General
Assembly:
Section 1. Short
title. This Act may be cited as the Smoke Free Illinois Act.
Section 5. Findings.
The General Assembly finds that tobacco smoke is a harmful and
dangerous carcinogen to human beings and a hazard to 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 Illinois citizens die each year
from exposure to secondhand tobacco smoke.
The General Assembly
also finds that the United States Surgeon General's 2006 report has
determined that there is no risk-free level of exposure to
secondhand smoke; the scientific evidence that secondhand smoke
causes serious diseases, including lung cancer, heart disease, and
respiratory illnesses such as bronchitis and asthma, is massive and
conclusive; separating smokers from nonsmokers, cleaning the air,
and ventilating buildings cannot eliminate secondhand smoke
exposure; smoke-free workplace policies are effective in reducing
secondhand smoke exposure; and smoke-free workplace policies do not
have an adverse economic impact on the hospitality industry.
The General Assembly
also finds that the Environmental Protection Agency has determined
that secondhand smoke cannot be reduced to safe levels in businesses
by high rates of ventilation. Air cleaners, which are capable only
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 June 30, 2005 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.
Section 10.
Definitions. In this Act:
"Bar" means an
establishment that is devoted to the serving of alcoholic beverages
for consumption by guests on the premises and that derives no more
than 10% of its gross revenue from the sale of food consumed on the
premises. "Bar" includes, but is not limited to, taverns,
nightclubs, cocktail lounges, adult entertainment facilities, and
cabarets.
"Department" means the
Department of Public Health.
"Employee" means a
person who is employed by an employer in consideration for direct or
indirect monetary wages or profits or a person who volunteers his or
her services for a non-profit entity.
"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.
"Enclosed area" means
all space between a floor and a ceiling that is enclosed or
partially enclosed with (i) solid walls or windows, exclusive of
doorways, or (ii) solid walls with partitions and no windows,
exclusive of doorways, that extend from the floor to the ceiling,
including, without limitation, lobbies and corridors.
"Enclosed or partially
enclosed sports arena" means any sports pavilion, stadium,
gymnasium, health spa, boxing arena, swimming pool, roller rink, ice
rink, bowling alley, or other similar place where members of the
general public assemble to engage in physical exercise or
participate in athletic competitions or recreational activities or
to witness sports, cultural, recreational, or other events.
"Gaming equipment or
supplies" means gaming equipment/supplies as defined in the Illinois
Gaming Board Rules of the Illinois Administrative Code.
"Gaming facility"
means an establishment utilized primarily for the purposes of gaming
and where gaming equipment or supplies are operated for the purposes
of accruing business revenue.
"Healthcare 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. "Healthcare facility" includes all waiting rooms,
hallways, private rooms, semiprivate rooms, and wards within
healthcare facilities.
"Place of employment"
means any area under the control of a public or private employer
that employees are required to enter, leave, or pass through during
the course of employment, including, but not limited to entrances
and exits to places of employment, including a minimum distance, as
set forth in Section 70 of this Act, of 15 feet from entrances,
exits, windows that open, and ventilation intakes that serve an
enclosed area where smoking is prohibited; offices and work areas;
restrooms; conference and classrooms; break rooms and cafeterias;
and other common areas. A private residence or home-based business,
unless used to provide licensed child care, foster care, adult care,
or other similar social service care on the premises, is not a
"place of employment".
"Private club" means a
not-for-profit association that (1) has been in active and
continuous existence for at least 3 years prior to the effective
date of this amendatory Act of the 95th General Assembly, whether
incorporated or not, (2) is the owner, lessee, or occupant of a
building or portion thereof used exclusively for club purposes at
all times, (3) is operated solely for a recreational, fraternal,
social, patriotic, political, benevolent, or athletic purpose, but
not for pecuniary gain, and (4) only sells alcoholic beverages
incidental to its operation. For purposes of this definition,
"private club" means an organization that is managed by a board of
directors, executive committee, or similar body chosen by the
members at an annual meeting, has established bylaws, a
constitution, or both to govern its activities, and has been granted
an exemption from the payment of federal income tax as a club under
26 U.S.C. 501.
"Private residence"
means the part of a structure used as a dwelling, including, without
limitation: a private home, townhouse, condominium, apartment,
mobile home, vacation home, cabin, or cottage. For the purposes of
this definition, a hotel, motel, inn, resort, lodge, bed and
breakfast or other similar public accommodation, hospital, nursing
home, or assisted living facility shall not be considered a private
residence.
"Public place" means
that portion of any building or vehicle used by and open to the
public, regardless of whether the building or vehicle is owned in
whole or in part by private persons or entities, the State of
Illinois, or any other public entity and regardless of whether a fee
is charged for admission, including a minimum distance, as set forth
in Section 70 of this Act, of 15 feet from entrances, exits, windows
that open, and ventilation intakes that serve an enclosed area where
smoking is prohibited. A "public place" does not include a private
residence unless the private residence is used to provide licensed
child care, foster care, or other similar social service care on the
premises. A "public place" includes, but is not limited to,
hospitals, restaurants, retail stores, offices, commercial
establishments, elevators, indoor theaters, libraries, museums,
concert halls, public conveyances, educational facilities, nursing
homes, auditoriums, enclosed or partially enclosed sports arenas,
meeting rooms, schools, exhibition halls, convention facilities,
polling places, private clubs, gaming facilities, all government
owned vehicles and facilities, including buildings and vehicles
owned, leased, or operated by the State or State subcontract,
healthcare facilities or clinics, enclosed shopping centers, retail
service establishments, financial institutions, educational
facilities, ticket areas, public hearing facilities, public
restrooms, waiting areas, lobbies, bars, taverns, bowling alleys,
skating rinks, reception areas, and no less than 75% of the sleeping
quarters within a hotel, motel, resort, inn, lodge, bed and
breakfast, or other similar public accommodation that are rented to
guests, but excludes private residences.
"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) a kitchen or catering facility in
which food is prepared on the premises for serving elsewhere.
"Restaurant" includes a bar area within the restaurant.
"Retail tobacco store"
means a retail establishment that derives more than 80% of its gross
revenue from the sale of loose tobacco, plants, or herbs and cigars,
cigarettes, pipes, and other smoking devices for burning tobacco and
related smoking accessories and in which the sale of other products
is merely incidental. "Retail tobacco store" does not include a
tobacco department or section of a larger commercial establishment
or any establishment with any type of liquor, food, or restaurant
license.
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"Smoke" or "smoking"
means the carrying, smoking, burning, inhaling, or exhaling of any
kind of lighted pipe, cigar, cigarette, hookah, weed, herbs, or any
other lighted smoking equipment.
"State agency" has the
meaning formerly ascribed to it in subsection (a) of Section 3 of
the Illinois Purchasing Act (now repealed).
"Unit of local
government" has the meaning ascribed to it in Section 1 of Article
VII of the Illinois Constitution of 1970.
Section 15. Smoking in
public places, places of employment, and governmental vehicles
prohibited. No person shall smoke in a public place or in any place
of employment or within 15 feet of any entrance to a public place or
place of employment. No person may smoke in any vehicle owned,
leased, or operated by the State or a political subdivision of the
State. Smoking is prohibited in indoor public places and workplaces
unless specifically exempted by Section 35 of this Act.
Section 20. 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.
Section 25. Smoking
prohibited in student dormitories. Notwithstanding any other
provision of this Act, smoking is prohibited in any portion of the
living quarters, including, but not limited to, sleeping rooms,
dining areas, restrooms, laundry areas, lobbies, and hallways, of a
building used in whole or in part as a student dormitory that is
owned and operated or otherwise utilized by a public or private
institution of higher education.
Section 30.
Designation of other nonsmoking areas. Notwithstanding any other
provision of this Act, any employer, owner, occupant, lessee,
operator, manager, or other person in control of any public place or
place of employment may designate a non-enclosed area of a public
place or place of employment, including outdoor areas, as an area
where smoking is also prohibited provided that such employer, owner,
lessee or occupant shall conspicuously post signs prohibiting
smoking in the manner described in subsections (a) and (b) of
Section 20 of this Act.
Section 35. Exemptions. Notwithstanding any other provision of this
Act, smoking is allowed in the following areas:
(1) Private residences
or dwelling places, except when used as a child care, adult day
care, or healthcare facility or any other home-based business open
to the public.
(2) Retail tobacco
stores as defined in Section 10 of this Act in operation prior to
the effective date of this amendatory Act of the 95th General
Assembly. The retail tobacco store shall annually file with the
Department by January 31st an affidavit stating the percentage of
its gross income during the prior calendar year that was derived
from the sale of loose tobacco, plants, or herbs and cigars,
cigarettes, pipes, or other smoking devices for smoking tobacco and
related smoking accessories. Any retail tobacco store that begins
operation after the effective date of this amendatory Act may only
qualify for an exemption if located in a freestanding structure
occupied solely by the business and smoke from the business does not
migrate into an enclosed area where smoking is prohibited.
(3) Private and
semi-private rooms in nursing homes and long-term care facilities
that are occupied by one or more persons, all of whom are smokers
and have requested in writing to be placed or to remain in a room
where smoking is permitted and the smoke shall not infiltrate other
areas of the nursing home.
(4) Hotel and motel
sleeping rooms that are rented to guests and are designated as
smoking rooms, provided that all smoking rooms on the same floor
must be contiguous and smoke from these rooms must not infiltrate
into nonsmoking rooms or other areas where smoking is prohibited.
Not more than 25% of the rooms rented to guests in a hotel or motel
may be designated as rooms where smoking is allowed. The status of
rooms as smoking or nonsmoking may not be changed, except to
permanently add additional nonsmoking rooms.
Section 40.
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 45 of this Act.
(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 a person may call to register a complaint under this
subsection (b).
Section 45.
Violations.
(a) A person,
corporation, partnership, association or other entity who violates
Section 15 of this Act shall be fined pursuant to this Section. Each
day that a violation occurs is a separate violation.
(b) A person who
smokes in an area where smoking is prohibited under Section 15 of
this Act shall be fined in an amount that is not less than $100 and
not more than $250. A person who owns, operates, or otherwise
controls a public place or place of employment that violates Section
15 of this Act shall be fined (i) not less than $250 for the first
violation, (ii) not less than $500 for the second violation within
one year after the first violation, and (iii) not less than $2,500
for each additional violation within one year after the first
violation.
(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.
Section 50.
Injunctions. The Department, a State-certified local public health
department, 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.
Section 55.
Discrimination prohibited. No individual may be discriminated
against in any manner because of the exercise of any rights afforded
by this Act.
Section 60.
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.
Section 65. Home rule
and other local regulation.
(a) Any home rule unit
of local government, any non-home rule municipality, or any non-home
rule county within the unincorporated territory of the county may
regulate smoking in public places, 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) In addition to any
regulation authorized under subsection (a) or authorized under home
rule powers, any home rule unit of local government, any non-home
rule municipality, or any non-home rule county within the
unincorporated territory of the county may regulate smoking in any
enclosed indoor area used by the public or serving as a place of
work if the area does not fall within the definition of a "public
place" under this Act.
Section 70. Entrances,
exits, windows, and ventilation intakes. Smoking is prohibited
within a minimum distance of 15 feet from entrances, exits, windows
that open, and ventilation intakes that serve an enclosed area where
smoking is prohibited under this Act so as to ensure that tobacco
smoke does not enter the area through entrances, exits, open
windows, or other means.
Section 75. Rules. The
Department shall adopt rules necessary for the administration of
this Act.
Section 80. The State
Mandates Act is amended by adding Section 8.31 as follows:
(30 ILCS 805/8.31 new)
Sec. 8.31. Exempt
mandate. Notwithstanding Sections 6 and 8 of this Act, no
reimbursement by the State is required for the implementation of any
mandate created by this amendatory Act of the 95th General Assembly.
(410 ILCS 80/Act rep.)
Section 90. The
Illinois Clean Indoor Air Act is repealed.
INDEX
Statutes amended in
order of appearance
New Act
30 ILCS 805/8.31 new
410 ILCS 80/Act rep.
Effective Date:
1/1/2008
[Text from
http://www.ilga.gov/legislation/
publicacts/fulltext.asp?Name=095-0017] |
