SB2688sam002 94TH GENERAL ASSEMBLY

Sen. Terry Link

Filed: 2/14/2006

09400SB2688sam002 LRB094 19044 LJB 56000 a

AMENDMENT TO SENATE BILL 2688

AMENDMENT NO. ______. Amend Senate Bill 2688 by replacing everything after the enacting clause with the following:

"Section 5. The Illinois Clean Indoor Air Act is amended by changing Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, and 11 as follows:

(410 ILCS 80/1) (from Ch. 111 1/2, par. 8201)

Sec. 1. Short title. This Act shall be known and may be cited as the "Illinois Clean Indoor Air Act".

(Source: P.A. 86-1018.)

(410 ILCS 80/2) (from Ch. 111 1/2, par. 8202)

Sec. 2. Legislative findings. The General Assembly finds that tobacco smoke is harmful and dangerous 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 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 1,570 Illinois citizens die each year from exposure to secondhand tobacco smoke.

(Source: P.A. 94-517, eff. 1-1-06.)

(410 ILCS 80/3) (from Ch. 111 1/2, par. 8203)

Sec. 3. Definitions. For the purposes of this Act, the following terms have the meanings ascribed to them in this Section unless different meanings are plainly indicated by the context:

(a) "Department" means the Department of Public Health.

(b) "Proprietor" means any individual or his designated agent who by virtue of his office, position, authority, or duties has legal or administrative responsibility for the use or operation of property.

(c) "Public Place" means any enclosed indoor area used by the public or serving as a place of work, including, but not limited to, hospitals, restaurants, bars, taverns, bowling alleys, retail stores other than retail tobacco stores, offices, commercial establishments, elevators, indoor theaters, libraries, art museums, concert halls, public conveyances, educational facilities, nursing homes, auditoriums, arenas, and meeting rooms, but excluding bowling establishments and excluding places whose primary business is the sale of alcoholic beverages for consumption on the premises and excluding rooms rented for the purpose of living quarters or sleeping or housekeeping accommodations from a hotel, as defined in the Hotel Operators' Occupation Tax Act, and private, enclosed offices occupied exclusively by smokers, even though such offices may be visited by nonsmokers.

(d) "Smoking" means the act of inhaling the smoke from or possessing a lighted cigarette, cigar, pipe, or any other form of tobacco or similar substance used for smoking.

(e) "State agency" has the meaning formerly ascribed to it in subsection (a) of Section 3 of the Illinois Purchasing Act (now repealed).

(f) "Unit of local government" has the meaning ascribed to it in Section 1 of Article VII of the Illinois Constitution of 1970.

(g) "Bar" or "tavern" means an establishment that is subject to a license for the sale of alcoholic liquor for consumption on the premises and that derives 65% or more of its gross proceeds from the sale of alcoholic liquor. Each bar or tavern shall provide any documentation requested by the Department of Revenue or the Illinois Liquor Control Commission for the determination of whether the establishment meets the percentage requirement of this definition.

(h) "Retail tobacco store" means any retail store (i) used primarily for the sale of tobacco products and accessories, (ii) in which the sale of other products is merely incidental, and (iii) where no one under 18 years of age is permitted.

(Source: P.A. 92-651, eff. 7-11-02.)

(410 ILCS 80/4) (from Ch. 111 1/2, par. 8204)

Sec. 4. Smoking in public places prohibited; exceptions. No person shall smoke in a public place except in that portion of a public place which may be established and posted under Section 5 as a smoking area. This prohibition does not apply in cases in which an entire room or hall is used for a private social function and seating arrangements are under the control of the sponsor of the function and not of the proprietor or person in charge of the place. Furthermore, this prohibition shall not apply to factories, warehouses, and similar places of work not usually frequented by the general public, entities licensed under the Riverboat Gambling Act, or retail tobacco stores.

(Source: P.A. 86-1018.)

(410 ILCS 80/5) (from Ch. 111 1/2, par. 8205)

Sec. 5. Smoking areas.

(a) The proprietor of a restaurant, bar, or tavern elected and appointed officials of the State of Illinois and of any unit of local government and of any school district, or their designee, having control over property of the State or of a unit of local government or of a school district which includes a public place, and the proprietor of a structure which includes a public place may establish an area on the premises as a smoking area where smoking shall be permitted, unless otherwise prohibited by law or ordinance, until 2 years after the effective date of this amendatory Act of the 94th General Assembly, at which time the restaurant, bar, or tavern shall comply with subsection (b) of this Section or Section 4 of this Act. When establishing an area as a smoking area, a person establishing such area shall utilize existing physical barriers, ventilation systems, and other physical elements of the premises to minimize the intrusion of smoke into areas where smoking is not permitted. When a public place is a single room or enclosure, a person establishing such area may satisfy the purposes and provisions of this Act by establishing a reasonable portion of the room or enclosure as a smoking area.

(b) Any public place subject to this Act whose owner or operator can demonstrate to the Department that a smoking area has been equipped with air filtration or purification devices or similar technologies that render the concentration of respirable suspended particulate matter in the non-smoking area equivalent to the concentration of respirable suspended particulate matter in the ambient outdoor air for the relevant geographic area shall be exempt from the prohibition of Section 4 of this Act. The Department shall adopt rules specifying the types of technologies that satisfy the requirements of this subsection (b).

(c) With respect to a bar or tavern where the owner or operator designates the entire premises as a smoking area, the bar or tavern shall be exempt from the prohibition of Section 4 of this Act if the owner or operator can demonstrate to the Department that the bar or tavern has been equipped with air filtration or purification devices or similar technologies that render the concentration of respirable suspended particulate matter in the bar or tavern equivalent to the concentration of respirable suspended particulate matter in the ambient outdoor air for the relevant geographic area.

(Source: P.A. 86-1018.)

(410 ILCS 80/6) (from Ch. 111 1/2, par. 8206)

Sec. 6. Enforcement. The State or unit of local government or school district official or their designee or a proprietor and his agents in control of a place which includes a public place shall make reasonable efforts to prevent smoking in the public place outside established smoking areas by posting appropriate signs or contacting a law enforcement officer, or other appropriate means.

(Source: P.A. 86-1018.)

(410 ILCS 80/7) (from Ch. 111 1/2, par. 8207)

Sec. 7. Violations. A person, corporation, partnership, association or other entity, who violates Section 4 of this Act is guilty of a petty offense.

(Source: P.A. 86-1018.)

(410 ILCS 80/8) (from Ch. 111 1/2, par. 8208)

Sec. 8. Injunctions. The Department, a local board of health, or any individual personally affected by repeated violations may institute, in a circuit court, an action to enjoin violations of this Act.

(Source: P.A. 86-1018.)

(410 ILCS 80/9) (from Ch. 111 1/2, par. 8209)

Sec. 9. Discrimination prohibited. No individual may be discriminated against in any manner because of the exercise of any rights afforded by this Act.

(Source: P.A. 86-1018.)

(410 ILCS 80/10) (from Ch. 111 1/2, par. 8210)

Sec. 10. 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.

(Source: P.A. 86-1018.)

(410 ILCS 80/11) (from Ch. 111 1/2, par. 8211)

Sec. 11. Home rule. Home rule.

(a) Except as provided in subsection (b), a home rule unit of local government or any municipality in this State 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) Any home rule unit that has passed an ordinance concerning the regulation of smoking prior to October 1, 1989 is exempt from the requirements of subsection (a).

(Source: P.A. 94-517, eff. 1-1-06.)

Section 99. Effective date. This Act takes effect upon becoming law.".