093_HB0909ham001

 










                                     LRB093 07282 WGH 13033 a

 1                     AMENDMENT TO HOUSE BILL 909

 2        AMENDMENT NO.     .  Amend House Bill  909  by  replacing
 3    everything after the enacting clause with the following:

 4        "Section 5.  The Illinois Clean Indoor Air Act is amended
 5    by changing Sections 2, 3, 4, 7, 8, and 9 and adding Sections
 6    4.1, 4.2, 4.3, 4.4, 9.1,  and 9.2 as follows:

 7        (410 ILCS 80/2) (from Ch. 111 1/2, par. 8202)
 8        Sec.  2.  Findings and Intent. The General Assembly finds
 9    that:
10        Numerous studies have found that tobacco smoke is a major
11    contributor to  indoor  air  pollution,  and  that  breathing
12    secondhand  smoke (also known as environmental tobacco smoke)
13    is a cause of disease in healthy nonsmokers, including  heart
14    disease,  stroke,  respiratory  disease, and lung cancer. The
15    National Cancer Institute determined in 2000 (Monograph  #10)
16    that  secondhand smoke is responsible for the early deaths of
17    65,000 Americans annually.
18        The Public Health Service's National  Toxicology  Program
19    has listed secondhand smoke as a known carcinogen (U.S. DHHS,
20    2000, citing Cal. EPA, 1997).
21        Secondhand  smoke  is  particularly  hazardous to elderly
22    people,  individuals   with   cardiovascular   disease,   and
 
                            -2-      LRB093 07282 WGH 13033 a
 1    individuals  with  impaired  respiratory  function, including
 2    asthmatics  and  those  with  obstructive   airway   disease.
 3    Children  exposed  to secondhand smoke have an increased risk
 4    of  asthma,  respiratory  infections,  sudden  infant   death
 5    syndrome, developmental abnormalities, and cancer.
 6        The  Americans  With  Disabilities  Act  of  1990,  which
 7    requires  that  disabled persons have access to public places
 8    and workplaces, deems impaired respiratory function to  be  a
 9    disability.
10        The  U.S.  Surgeon General has determined that the simple
11    separation of smokers and  nonsmokers  within  the  same  air
12    space  may  reduce,  but  does not eliminate, the exposure of
13    nonsmokers to secondhand smoke. The Environmental  Protection
14    Agency has determined that secondhand smoke cannot be reduced
15    to  safe  levels  in businesses by high rates of ventilation.
16    Air  cleaners,  which  are  only  capable  of  filtering  the
17    particulate matter and odors in smoke, do not  eliminate  the
18    known toxins in secondhand smoke. ASHRAE (American Society of
19    Heating,  Refrigerating and Air Conditioning Engineers) bases
20    its ventilation standards on totally smoke-free environments.
21    ASHRAE does this because it cannot determine a safe level  of
22    exposure  to  environmental tobacco smoke or secondhand smoke
23    because it contains cancer-causing chemicals. It acknowledges
24    that technology does not exist that can remove chemicals from
25    the air that cause cancer.
26        A significant amount of secondhand smoke exposure  occurs
27    in   the   workplace.  Employees  who  work  in  smoke-filled
28    businesses suffer a 25% to 50% higher risk  of  heart  attack
29    and  higher  rates  of  death from cardiovascular disease and
30    cancer, as well as increased acute  respiratory  disease  and
31    measurable decrease in lung function.
32        Smoke-filled   workplaces   result   in   higher   worker
33    absenteeism  due  to respiratory disease, lower productivity,
34    higher  cleaning  and  maintenance  costs,  increased  health
 
                            -3-      LRB093 07282 WGH 13033 a
 1    insurance rates, and increased liability claims for  diseases
 2    related to exposure to secondhand smoke.
 3        Numerous economic analyses examining restaurant and hotel
 4    receipts  and  controlling  for economic variables have shown
 5    either no difference or  a  positive  economic  impact  after
 6    enactment  of  laws  requiring  workplaces  to be smoke-free.
 7    Creation of smoke-free workplaces is  sound  economic  policy
 8    and provides the maximum level of employee health and safety.
 9        Smoking  is  a  potential  cause  of fires. Cigarette and
10    cigar burns and ash stains on merchandise and fixtures  cause
11    economic damage to businesses.
12        Accordingly, the General Assembly finds and declares that
13    the purposes of this Act are (1) to protect the public health
14    and  welfare  by  prohibiting  smoking  in  public places and
15    places of employment; and  (2)  to  guarantee  the  right  of
16    nonsmokers  to  breathe smoke-free air, and to recognize that
17    the need to breathe smoke-free  air  has  priority  over  the
18    desire  to  smoke.  The  General  Assembly finds that tobacco
19    smoke is annoying, harmful and dangerous to human beings  and
20    a hazard to public health.
21    (Source: P.A. 86-1018.)

22        (410 ILCS 80/3) (from Ch. 111 1/2, par. 8203)
23        Sec.  3.   For  the  purposes  of this Act, the following
24    terms have the meanings ascribed  to  them  in  this  Section
25    unless  different  meanings  are  plainly  indicated  by  the
26    context:
27        "Attached bar" means a bar area of a restaurant.
28        "Bar"  means  an  establishment  that  is  devoted to the
29    serving of alcoholic beverages for consumption by  guests  on
30    the  premises  and  in  which  the  serving  of  food is only
31    incidental to the consumption of those beverages,  including,
32    but  not  limited  to, taverns, nightclubs, cocktail lounges,
33    and cabarets and for which food receipts are less than 50% of
 
                            -4-      LRB093 07282 WGH 13033 a
 1    total receipts.
 2        "Business"  means  a  sole  proprietorship,  partnership,
 3    joint venture, corporation, or other business  entity  formed
 4    for  profit-making  purposes, including retail establishments
 5    where goods or services are sold,  as  well  as  professional
 6    corporations and other entities where legal, medical, dental,
 7    engineering,  architectural,  or  other professional services
 8    are delivered.
 9        "Department" means the Department of Public Health.
10        "Employee" means a person who is employed by an  employer
11    in  consideration  for  direct  or indirect monetary wages or
12    profit, and a person who volunteers his or her services for a
13    non-profit entity.
14        "Employer"  means  a   person,   business,   partnership,
15    association,  corporation, including a municipal corporation,
16    trust, or non-profit entity, that employs the services of one
17    or more individuals.
18        "Enclosed area" means  all  space  between  a  floor  and
19    ceiling  that  is  enclosed  on  all  sides by solid walls or
20    windows (exclusive of doorways) that extend from the floor to
21    the ceiling.
22        "Health care facility" means  an  office  or  institution
23    providing  care  or  treatment of diseases, whether physical,
24    mental, or emotional, or  other  medical,  physiological,  or
25    psychological  conditions,  including,  but  not  limited to,
26    hospitals,  rehabilitation  hospitals,  or   other   clinics,
27    including  weight  control  clinics, nursing homes, homes for
28    the aging or chronically ill, laboratories,  and  offices  of
29    physical    therapists,   physicians,   dentists,   and   all
30    specialists within these professions. "Health care  facility"
31    includes   all   waiting   rooms,  hallways,  private  rooms,
32    semiprivate rooms, and wards within health care facilities.
33        "Place of employment" means an area under the control  of
34    a public or private employer that employees normally frequent
 
                            -5-      LRB093 07282 WGH 13033 a
 1    during  the  course of employment, including, but not limited
 2    to,  work  areas,  employee  lounges,  restrooms,  conference
 3    rooms,  meeting  rooms,  classrooms,   employee   cafeterias,
 4    hallways,  and  vehicles. A private residence is not a "place
 5    of employment" unless it is used as a child care,  adult  day
 6    care, or health care facility.
 7        "Private  function"  means a gathering of persons for the
 8    purpose    of    deliberation,    education,     instruction,
 9    entertainment,  amusement,  or  dining,  where  membership or
10    specific invitation is a prerequisite to entry and where  the
11    event is not intended to be open to the public.
12        "Public place" means an enclosed area to which the public
13    is  invited  or  in which the public is permitted, including,
14    but not limited to, banks, educational facilities, government
15    buildings,  health  care  facilities,  laundromats,  museums,
16    public   transportation    facilities,    reception    areas,
17    restaurants,    retail    food   production   and   marketing
18    establishments, retail service establishments, retail stores,
19    shopping malls, sports arenas, theaters, and waiting rooms. A
20    private residence is not a "public place" unless it  is  used
21    as a child care, adult day care, or health care facility.
22        "Restaurant"  means  an  eating establishment, including,
23    but  not  limited  to,  coffee  shops,  cafeterias,  sandwich
24    stands, and private and public school cafeterias, that  gives
25    or  offers for sale food to the public, guests, or employees,
26    as well as a kitchen or catering facility in  which  food  is
27    prepared  on the premises for serving elsewhere. "Restaurant"
28    includes an attached bar.
29        "Retail  tobacco  store"  means  a  retail   store   used
30    primarily  for  the  sale of tobacco products and accessories
31    and in which the sale of other products is merely  incidental
32    and where no one under 18 is permitted.
33        "Service  line" means an indoor line in which one or more
34    persons are waiting for or receiving  service  of  any  kind,
 
                            -6-      LRB093 07282 WGH 13033 a
 1    whether or not the service involves the exchange of money.
 2        "Shopping  mall" means an enclosed public walkway or hall
 3    area  that  serves  to   connect   retail   or   professional
 4    establishments.
 5        "Smoking"  means inhaling, exhaling, burning, or carrying
 6    any lighted cigar, cigarette, pipe,  weed,  plant,  or  other
 7    combustible substance in any manner or in any form.
 8        "Sports   arena"   means   a  sports  pavilion,  stadium,
 9    gymnasium, health spa, boxing arena,  swimming  pool,  roller
10    and  ice  rink,  or  other similar place where members of the
11    general public  assemble  to  engage  in  physical  exercise,
12    participate  in  athletic  competition,  or witness sports or
13    other events; however, "sports  arena"  does  not  include  a
14    bowling establishment.
15        (a)  "Department" means the Department of Public Health.
16        (b)  "Proprietor"  means any individual or his designated
17    agent who by virtue of his office,  position,  authority,  or
18    duties has legal or administrative responsibility for the use
19    or operation of property.
20        (c)  "Public  Place"  means any enclosed indoor area used
21    by the public or serving as a place of  work  including,  but
22    not   limited  to,  hospitals,  restaurants,  retail  stores,
23    offices,   commercial   establishments,   elevators,   indoor
24    theaters,  libraries,  art  museums,  concert  halls,  public
25    conveyances,   educational   facilities,    nursing    homes,
26    auditoriums, arenas, and meeting rooms, but excluding bowling
27    establishments and excluding places whose primary business is
28    the  sale  of  alcoholic  beverages  for  consumption  on the
29    premises and excluding rooms rented for the purpose of living
30    quarters or sleeping or housekeeping  accommodations  from  a
31    hotel, as defined in the Hotel Operators' Occupation Tax Act,
32    and   private,   enclosed  offices  occupied  exclusively  by
33    smokers,  even  though  such  offices  may  be   visited   by
34    nonsmokers.
 
                            -7-      LRB093 07282 WGH 13033 a
 1        (d)  "Smoking"  means  the act of inhaling the smoke from
 2    or possessing a lighted cigarette, cigar, pipe, or any  other
 3    form of tobacco or similar substance used for smoking.
 4        (e)  "State  agencies  agency"  has  the meaning formerly
 5    ascribed to it in subsection (a) of  Section  1-7  3  of  the
 6    Illinois State Auditing Purchasing Act (now repealed).
 7        (f)  "Unit  of local government" has the meaning ascribed
 8    to  it  in  Section  1  of  Article  VII  of   the   Illinois
 9    Constitution of 1970.
10    (Source: P.A. 92-651, eff. 7-11-02.)

11        (410 ILCS 80/4) (from Ch. 111 1/2, par. 8204)
12        Sec. 4.  Prohibition of smoking in public places.
13        (a)  Except as otherwise provided in this Act, smoking is
14    prohibited  in  all enclosed public places including, but not
15    limited to, the following places:
16             (1)  Aquariums, galleries, libraries, and museums.
17             (2)  Areas available to and customarily use  by  the
18        general  public  in  businesses  and  non-profit entities
19        patronized by the public, including but not  limited  to,
20        professional  offices,  banks,  laundromats,  hotels, and
21        motels.
22             (3)  Convention facilities.
23             (4)  Elevators.
24             (5)  Facilities  primarily  used  for  exhibiting  a
25        motion picture, stage, drama, lecture,  musical  recital,
26        or other similar performance.
27             (6)  Health care facilities.
28             (7)  Licensed   child   care   and  adult  day  care
29        facilities.
30             (8)  Lobbies, hallways, and other  common  areas  in
31        apartment   buildings,   condominiums,   trailer   parks,
32        retirement   facilities,   nursing   homes,   and   other
33        multiple-unit residential facilities.
 
                            -8-      LRB093 07282 WGH 13033 a
 1             (9)  Polling places.
 2             (10)  Public  transportation  facilities  under  the
 3        authority   of   government  agencies,  including  buses,
 4        trains, taxicabs, and limousines, and  ticket,  boarding,
 5        and waiting areas of public transit stations.
 6             (11)  Restaurants, including attached bars.
 7             (12)  Restrooms, lobbies, reception areas, hallways,
 8        and other common-use areas.
 9             (13)  Retail stores.
10             (14)  Rooms,  chambers,  and  places  of  meeting or
11        public assembly, including school  buildings,  under  the
12        control  of  the  State,  a State agency, a unit of local
13        government, or a school district when a public meeting is
14        in progress, to the extent the place is  subject  to  the
15        jurisdiction of the State.
16             (15)  Service lines.
17             (16)  Shopping malls.
18             (17)  Sports  arenas,  including  enclosed places in
19        outdoor arenas.
20             (18)  Grocery stores.
21             (19)  Public meetings.
22             (20)  All enclosed  facilities,  including  but  not
23        limited  to  buildings  and  vehicles,  that  are  owned,
24        leased,  or operated by the State, a State agency, a unit
25        of local government, or a school district.
26             (21)  Public and private schools.
27             (22)  Other educational and vocational institutions.
28        (b)  The following areas are exempt from  the  provisions
29    of this Act:
30             (1)  Bars other than attached bars.
31             (2)  Private  residences,  except  when  used  as  a
32        licensed  child  care,  adult  day  care,  or health care
33        facility.
34             (3)  Hotel and motel rooms that are rented to guests
 
                            -9-      LRB093 07282 WGH 13033 a
 1        and are designated as smoking rooms;  however,  not  more
 2        than  25%  of  rooms rented to guests in a hotel or motel
 3        may be so designated.
 4             (4)  Retail tobacco  stores,  if  smoke  from  these
 5        places  does  not  infiltrate into areas where smoking is
 6        prohibited under this Act.
 7             (5)  Outdoor areas of places of  employment,  except
 8        those covered by the provisions of Section 4.2.
 9             (6)  Bingo  facilities  when  a  bingo  game  is  in
10        progress.
11             (7)  Gaming facilities.
12             (8)  Bowling establishments.
13             (9)  Billiard or pool halls.
14    No  person  shall  smoke  in  a  public  place except in that
15    portion of a public place which may be established and posted
16    under Section 5 as a smoking area.  This prohibition does not
17    apply in cases in which an entire room or hall is used for  a
18    private  social  function  and seating arrangements are under
19    the control of the sponsor of the function  and  not  of  the
20    proprietor  or  person  in  charge of the place. Furthermore,
21    this prohibition shall not apply to factories, warehouses and
22    similar places of work not usually frequented by the  general
23    public.
24    (Source: P.A. 86-1018.)

25        (410 ILCS 80/4.1 new)
26        Sec.   4.1.  Prohibition   of   smoking   in   places  of
27    employment. Smoking is prohibited in all enclosed  facilities
28    within  places  of  employment  without  exception, including
29    common work areas, auditoriums,  classrooms,  conference  and
30    meeting  rooms, private offices, elevators, hallways, medical
31    facilities, cafeterias, employee lounges, stairs,  restrooms,
32    vehicles, and all other enclosed facilities. This prohibition
33    on  smoking  shall  be communicated to all existing employees
 
                            -10-     LRB093 07282 WGH 13033 a
 1    within 60 days after the effective date  of  this  amendatory
 2    Act  of  the  93rd  General  Assembly  and to all prospective
 3    employees upon their application for employment.

 4        (410 ILCS 80/4.2 new)
 5        Sec. 4.2.  Reasonable  Distance.  Smoking  is  prohibited
 6    within  a  reasonable distance of 25 feet outside an enclosed
 7    area where smoking is  prohibited,  to  ensure  that  tobacco
 8    smoke  does not enter the area through entrances, windows, or
 9    ventilation systems or by other means.

10        (410 ILCS 80/4.3 new)
11        Sec. 4.3.  Declaration of  establishment  as  nonsmoking.
12    Notwithstanding  any  other  provision of this Act, an owner,
13    operator,  manager,  or  other  person  in  control   of   an
14    establishment,  facility,  or  outdoor  area may declare that
15    entire  establishment,  facility,  or  outdoor  area   as   a
16    nonsmoking place. Smoking is prohibited in any place in which
17    a  sign  conforming  to  the  requirements  of Section 4.4 is
18    posted.

19        (410 ILCS 80/4.4 new)
20        Sec. 4.4.  Posting of signs; removal of ashtrays.
21        (a)  "No Smoking" signs or the international "No Smoking"
22    symbol (consisting of a pictorial representation of a burning
23    cigarette enclosed in a red circle with a red bar across  it)
24    shall  be  clearly  and  conspicuously posted in every public
25    place and place of employment where smoking is prohibited  by
26    this  Act.  The signs shall be posted by the owner, operator,
27    manager, or other person in control of that place.
28        (b)  Every public place and  place  of  employment  where
29    smoking  is prohibited by this Act shall have posted at every
30    entrance a conspicuous sign clearly stating that  smoking  is
31    prohibited.
 
                            -11-     LRB093 07282 WGH 13033 a
 1        (c)  The owner, operator, manager, or other person having
 2    control  of  the  area  shall  remove  all ashtrays and other
 3    smoking  paraphernalia  from  any  area  where   smoking   is
 4    prohibited by this Act.

 5        (410 ILCS 80/7) (from Ch. 111 1/2, par. 8207)
 6        Sec. 7.  Violations; penalties.
 7        (a)  A  person  who  smokes  in  an area where smoking is
 8    prohibited  by  this  Act  is  guilty  of  a  petty   offense
 9    punishable by a fine not exceeding $100.
10        (b)  A  person  who owns, manages, operates, or otherwise
11    controls a public place or place of employment and who  fails
12    to comply with this Act is guilty of:
13             (1)  A  petty  offense  punishable  by  a  fine  not
14        exceeding $100 for a first violation.
15             (2)  A  petty  offense  punishable  by  a  fine  not
16        exceeding $500 for a second violation within one year.
17             (3)  A  business  offense  punishable  by a fine not
18        exceeding $2500 for each additional violation within  one
19        year.
20        (c)  Each  day  on  which  a violation of this Act occurs
21    shall be considered a  separate  and  distinct  violation.  A
22    person,   corporation,   partnership,  association  or  other
23    entity, who violates Section 4 of this Act  is  guilty  of  a
24    petty offense.
25    (Source: P.A. 86-1018.)

26        (410 ILCS 80/8) (from Ch. 111 1/2, par. 8208)
27        Sec. 8.  Enforcement.
28        (a)  The  Department,  a  local  board  of health, or any
29    individual personally affected  by  repeated  violations  may
30    institute, in a circuit court, an action to enjoin violations
31    of this Act.
32        (b)  Notice  of the provisions of this Act shall be given
 
                            -12-     LRB093 07282 WGH 13033 a
 1    by every unit of local government to all persons who apply to
 2    the unit of local government for a business license.
 3        (c)  An owner,  manager,  operator,  or  employee  of  an
 4    establishment  regulated  by  this  Act  shall inform persons
 5    violating this Act of the appropriate provisions of this Act.
 6    (Source: P.A. 86-1018.)

 7        (410 ILCS 80/9) (from Ch. 111 1/2, par. 8209)
 8        Sec.  9.  Nonretaliation.  No  person  or  employer   may
 9    discharge, refuse to hire, or in any manner retaliate against
10    an  employee,  applicant  for employment, or customer because
11    that employee, applicant, or customer  exercises  any  rights
12    afforded  by  this  Act or reports or attempts to prosecute a
13    violation of this Act. No  individual  may  be  discriminated
14    against  in  any manner because of the exercise of any rights
15    afforded by this Act.
16    (Source: P.A. 86-1018.)

17        (410 ILCS 80/9.1 new)
18        Sec. 9.1.  Other applicable laws. This  Act  may  not  be
19    interpreted  or  construed  to  permit  smoking  where  it is
20    otherwise restricted by other applicable laws.

21        (410 ILCS 80/9.2 new)
22        Sec. 9.2.  Public Education. The Department shall  engage
23    in  a  continuing program to explain and clarify the purposes
24    and requirements of this Act to citizens affected by  it  and
25    to  guide owners, operators, and managers in their compliance
26    with it.

27        (410 ILCS 80/5 rep.)
28        (410 ILCS 80/6 rep.)
29        Section 10. The Illinois Clean Indoor Air Act is  amended
30    by repealing Sections 5 and 6.
 
                            -13-     LRB093 07282 WGH 13033 a
 1        Section  99.  Effective  date.  This  Act takes effect on
 2    January 1, 2004.".