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1 | AN ACT concerning public health.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 1. Short title. This Act may be cited as the Smoke | ||||||||||||||||||||||||
5 | Free Illinois Act. | ||||||||||||||||||||||||
6 | Section 5. Findings. The General Assembly finds that | ||||||||||||||||||||||||
7 | tobacco smoke is
a harmful and dangerous carcinogen to human | ||||||||||||||||||||||||
8 | beings and a hazard to public health. Secondhand tobacco smoke | ||||||||||||||||||||||||
9 | causes at least 65,000 deaths each year from heart disease and | ||||||||||||||||||||||||
10 | lung cancer according to the National Cancer Institute. | ||||||||||||||||||||||||
11 | Secondhand tobacco smoke causes heart disease, stroke, cancer, | ||||||||||||||||||||||||
12 | sudden infant death syndrome, low-birth-weight in infants, | ||||||||||||||||||||||||
13 | asthma and exacerbation of asthma, bronchitis and pneumonia in | ||||||||||||||||||||||||
14 | children and adults. Secondhand tobacco smoke is the third | ||||||||||||||||||||||||
15 | leading cause of preventable death in the United States. | ||||||||||||||||||||||||
16 | Illinois workers exposed to secondhand tobacco smoke are at | ||||||||||||||||||||||||
17 | increased risk of premature death. An estimated 2,900 Illinois | ||||||||||||||||||||||||
18 | citizens die each year from exposure to secondhand tobacco | ||||||||||||||||||||||||
19 | smoke.
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20 | The General Assembly also finds that the United States | ||||||||||||||||||||||||
21 | Surgeon General's 2006 report has determined that there is no | ||||||||||||||||||||||||
22 | risk-free level of exposure to secondhand smoke; the scientific | ||||||||||||||||||||||||
23 | evidence that secondhand smoke causes serious diseases, |
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1 | including lung cancer, heart disease, and respiratory | ||||||
2 | illnesses such as bronchitis and asthma, is massive and | ||||||
3 | conclusive; separating smokers from nonsmokers, cleaning the | ||||||
4 | air, and ventilating buildings cannot eliminate secondhand | ||||||
5 | smoke exposure; smoke-free workplace policies are effective in | ||||||
6 | reducing secondhand smoke exposure; and smoke-free workplace | ||||||
7 | policies do not have an adverse economic impact on the | ||||||
8 | hospitality industry. | ||||||
9 | The General Assembly also finds that the Environmental | ||||||
10 | Protection Agency has determined that secondhand smoke cannot | ||||||
11 | be reduced to safe levels in businesses by high rates of | ||||||
12 | ventilation. Air cleaners, which are capable only of filtering | ||||||
13 | the particulate matter and odors in smoke, do not eliminate the | ||||||
14 | known toxins in secondhand smoke. The American Society of | ||||||
15 | Heating, Refrigerating and Air-Conditioning Engineers (ASHRAE) | ||||||
16 | bases its ventilation standards on totally smoke-free | ||||||
17 | environments because it cannot determine a safe level of | ||||||
18 | exposure to secondhand smoke, which contains cancer-causing | ||||||
19 | chemicals, and ASHRAE acknowledges that technology does not | ||||||
20 | exist that can remove chemicals that cause cancer from the air. | ||||||
21 | A June 30, 2005 ASHRAE position document on secondhand smoke | ||||||
22 | concludes that, at present, the only means of eliminating | ||||||
23 | health risks associated with indoor exposure is to eliminate | ||||||
24 | all smoking activity indoors. | ||||||
25 | Section 10. Definitions. In this Act: |
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1 | "Bar" means an establishment that is devoted to the serving | ||||||
2 | of alcoholic beverages for consumption by guests on the | ||||||
3 | premises and that derives no more than 10% of its gross revenue | ||||||
4 | from the sale of food consumed on the premises. "Bar" includes, | ||||||
5 | but is not limited to, taverns, nightclubs, cocktail lounges, | ||||||
6 | adult entertainment facilities, and cabarets. | ||||||
7 | "Department" means the Department of Public Health.
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8 | "Employee" means a person who is employed by an employer in | ||||||
9 | consideration for direct or indirect monetary wages or profits | ||||||
10 | or a person who volunteers his or her services for a non-profit | ||||||
11 | entity. | ||||||
12 | "Employer" means a person, business, partnership, | ||||||
13 | association, or corporation, including a municipal | ||||||
14 | corporation, trust, or non-profit entity, that employs the | ||||||
15 | services of one or more individual persons. | ||||||
16 | "Enclosed area" means all space between a floor and a | ||||||
17 | ceiling that is enclosed or partially enclosed with (i) solid | ||||||
18 | walls or windows, exclusive of doorways, or (ii) solid walls | ||||||
19 | with partitions and no windows, exclusive of doorways, that | ||||||
20 | extend from the floor to the ceiling, including, without | ||||||
21 | limitation, lobbies and corridors. | ||||||
22 | "Enclosed or partially enclosed sports arena" means any | ||||||
23 | sports pavilion, stadium, gymnasium, health spa, boxing arena, | ||||||
24 | swimming pool, roller rink, ice rink, bowling alley, or other | ||||||
25 | similar place where members of the general public assemble to | ||||||
26 | engage in physical exercise or participate in athletic |
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1 | competitions or recreational activities or to witness sports, | ||||||
2 | cultural, recreational, or other events. | ||||||
3 | "Gaming equipment or supplies" means gaming | ||||||
4 | equipment/supplies as defined in the Illinois Gaming Board | ||||||
5 | Rules of the Illinois Administrative Code. | ||||||
6 | "Gaming facility" means an establishment utilized | ||||||
7 | primarily for the purposes of gaming and where gaming equipment | ||||||
8 | or supplies are operated for the purposes of accruing business | ||||||
9 | revenue. | ||||||
10 | "Healthcare facility" means an office or institution | ||||||
11 | providing care or treatment of diseases, whether physical, | ||||||
12 | mental, or emotional, or other medical, physiological, or | ||||||
13 | psychological conditions, including, but not limited to, | ||||||
14 | hospitals, rehabilitation hospitals, weight control clinics, | ||||||
15 | nursing homes, homes for the aging or chronically ill, | ||||||
16 | laboratories, and offices of surgeons, chiropractors, physical | ||||||
17 | therapists, physicians, dentists, and all specialists within | ||||||
18 | these professions. "Healthcare facility" includes all waiting | ||||||
19 | rooms, hallways, private rooms, semiprivate rooms, and wards | ||||||
20 | within healthcare facilities. | ||||||
21 | "Place of employment" means any area under the control of a | ||||||
22 | public or private employer that employees are required to | ||||||
23 | enter, leave, or pass through during the course of employment, | ||||||
24 | including, but not limited to entrances and exits to places of | ||||||
25 | employment, including a minimum distance, as set forth in | ||||||
26 | Section 70 of this Act, of 15 feet from entrances, exits, |
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1 | windows that open, and ventilation intakes that serve an | ||||||
2 | enclosed area where smoking is prohibited; offices and work | ||||||
3 | areas; restrooms; conference and classrooms; break rooms and | ||||||
4 | cafeterias; and other common areas. A private residence or | ||||||
5 | home-based business, unless used to provide licensed child | ||||||
6 | care, foster care, adult care, or other similar social service | ||||||
7 | care on the premises, is not a "place of employment".
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8 | "Private club" means a not-for-profit association that (1) | ||||||
9 | has been in active and continuous existence for at least 3 | ||||||
10 | years prior to the effective date of this amendatory Act of the | ||||||
11 | 95th General Assembly, whether incorporated or not, (2) is the | ||||||
12 | owner, lessee, or occupant of a building or portion thereof | ||||||
13 | used exclusively for club purposes at all times, (3) is | ||||||
14 | operated solely for a recreational, fraternal, social, | ||||||
15 | patriotic, political, benevolent, or athletic purpose, but not | ||||||
16 | for pecuniary gain, and (4) only sells alcoholic beverages | ||||||
17 | incidental to its operation. For purposes of this definition, | ||||||
18 | "private club" means an organization that is managed by a board | ||||||
19 | of directors, executive committee, or similar body chosen by | ||||||
20 | the members at an annual meeting, has established bylaws, a | ||||||
21 | constitution, or both to govern its activities, and has been | ||||||
22 | granted an exemption from the payment of federal income tax as | ||||||
23 | a club under 26 U.S.C. 501. | ||||||
24 | "Private residence" means the part of a structure used as a | ||||||
25 | dwelling, including, without limitation: a private home, | ||||||
26 | townhouse, condominium, apartment, mobile home, vacation home, |
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1 | cabin, or cottage. For the purposes of this definition, a | ||||||
2 | hotel, motel, inn, resort, lodge, bed and breakfast or other | ||||||
3 | similar public accommodation, hospital, nursing home, or | ||||||
4 | assisted living facility shall not be considered a private | ||||||
5 | residence. | ||||||
6 | "Public place" means that portion of any building or | ||||||
7 | vehicle used by and open to the public, regardless of whether | ||||||
8 | the building or vehicle is owned in whole or in part by private | ||||||
9 | persons or entities, the State of Illinois, or any other public | ||||||
10 | entity and regardless of whether a fee is charged for | ||||||
11 | admission, including a minimum distance, as set forth in | ||||||
12 | Section 70 of this Act, of 15 feet from entrances, exits, | ||||||
13 | windows that open, and ventilation intakes that serve an | ||||||
14 | enclosed area where smoking is prohibited. A "public place" | ||||||
15 | does not include a private residence unless the private | ||||||
16 | residence is used to provide licensed child care, foster care, | ||||||
17 | or other similar social service care on the premises. A "public | ||||||
18 | place" includes, but is not limited to,
hospitals, restaurants, | ||||||
19 | retail stores, offices, commercial establishments,
elevators, | ||||||
20 | indoor theaters, libraries, museums, concert halls, public
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21 | conveyances, educational facilities, nursing homes, | ||||||
22 | auditoriums, enclosed or partially enclosed sports arenas,
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23 | meeting rooms, schools, exhibition halls, convention | ||||||
24 | facilities, polling places, private clubs, gaming facilities, | ||||||
25 | all government owned vehicles and facilities, including | ||||||
26 | buildings and vehicles owned, leased, or operated by the State |
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1 | or State subcontract, healthcare facilities or clinics, | ||||||
2 | enclosed shopping centers, retail service establishments, | ||||||
3 | financial institutions, educational facilities, ticket areas, | ||||||
4 | public hearing facilities, public restrooms, waiting areas, | ||||||
5 | lobbies, bars, taverns, bowling alleys, skating rinks, | ||||||
6 | reception areas, and no less than 75% of the sleeping quarters | ||||||
7 | within a hotel, motel, resort, inn, lodge, bed and breakfast, | ||||||
8 | or other similar public accommodation that are rented to | ||||||
9 | guests, but excludes private residences.
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10 | "Restaurant" means (i) an eating establishment, including, | ||||||
11 | but not limited to, coffee shops, cafeterias, sandwich stands, | ||||||
12 | and private and public school cafeterias, that gives or offers | ||||||
13 | for sale food to the public, guests, or employees, and (ii) a | ||||||
14 | kitchen or catering facility in which food is prepared on the | ||||||
15 | premises for serving elsewhere. "Restaurant" includes a bar | ||||||
16 | area within the restaurant. | ||||||
17 | "Retail tobacco store" means a retail establishment that | ||||||
18 | derives more than 80% of its gross revenue from the sale of | ||||||
19 | loose tobacco, plants, or herbs and cigars, cigarettes, pipes, | ||||||
20 | and other smoking devices for burning tobacco and related | ||||||
21 | smoking accessories and in which the sale of other products is | ||||||
22 | merely incidental. "Retail tobacco store" does not include a | ||||||
23 | tobacco department or section of a larger commercial | ||||||
24 | establishment or any establishment with any type of liquor, | ||||||
25 | food, or restaurant license. | ||||||
26 | "Smoke" or "smoking" means the carrying, smoking, burning, |
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1 | inhaling, or exhaling of any kind of lighted pipe, cigar, | ||||||
2 | cigarette, hookah, weed, herbs, or any other lighted smoking | ||||||
3 | equipment.
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4 | "State agency" has the meaning formerly ascribed to it in | ||||||
5 | subsection
(a) of Section 3 of the Illinois Purchasing Act (now | ||||||
6 | repealed).
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7 | "Unit of local government" has the meaning ascribed to it | ||||||
8 | in Section
1 of Article VII of the Illinois Constitution of | ||||||
9 | 1970. | ||||||
10 | Section 15. Smoking in public places, places of employment, | ||||||
11 | and governmental vehicles prohibited. No person shall smoke in | ||||||
12 | a public place or in any place of employment or within 15 feet | ||||||
13 | of any entrance to a public place or place of employment. No | ||||||
14 | person may smoke in any vehicle owned, leased, or operated by | ||||||
15 | the State or a political subdivision of the State. Smoking is | ||||||
16 | prohibited in indoor public places and workplaces unless | ||||||
17 | specifically exempted by Section 35 of this Act. | ||||||
18 | Section 20. Posting of signs; removal of ashtrays. | ||||||
19 | (a) "No Smoking" signs or the international "No Smoking" | ||||||
20 | symbol, consisting of a pictorial representation of a burning | ||||||
21 | cigarette enclosed in a red circle with a red bar across it, | ||||||
22 | shall be clearly and conspicuously posted in each public place | ||||||
23 | and place of employment where smoking is prohibited by this Act | ||||||
24 | by the owner, operator, manager, or other person in control of |
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1 | that place. | ||||||
2 | (b) Each public place and place of employment where smoking | ||||||
3 | is prohibited by this Act shall have posted at every entrance a | ||||||
4 | conspicuous sign clearly stating that smoking is prohibited. | ||||||
5 | (c) All ashtrays shall be removed from any area where | ||||||
6 | smoking is prohibited by this Act by the owner, operator, | ||||||
7 | manager, or other person having control of the area. | ||||||
8 | Section 25. Smoking prohibited in student dormitories. | ||||||
9 | Notwithstanding any other provision of this Act, smoking is | ||||||
10 | prohibited in any portion of the living quarters, including, | ||||||
11 | but not limited to, sleeping rooms, dining areas, restrooms, | ||||||
12 | laundry areas, lobbies, and hallways, of a building used in | ||||||
13 | whole or in part as a student dormitory that is owned and | ||||||
14 | operated or otherwise utilized by a public or private | ||||||
15 | institution of higher education. | ||||||
16 | Section 30. Designation of other nonsmoking areas. | ||||||
17 | Notwithstanding any other provision of this Act, any employer, | ||||||
18 | owner, occupant, lessee, operator, manager, or other person in | ||||||
19 | control of any public place or place of employment may | ||||||
20 | designate a non-enclosed area of a public place or place of | ||||||
21 | employment, including outdoor areas, as an area where smoking | ||||||
22 | is also prohibited provided that such employer, owner, lessee | ||||||
23 | or occupant shall conspicuously post signs prohibiting smoking | ||||||
24 | in the manner described in subsections (a) and (b) of Section |
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1 | 20 of this Act. | ||||||
2 | Section 35. Exemptions. Notwithstanding any other | ||||||
3 | provision of this Act, smoking is allowed in the following | ||||||
4 | areas: | ||||||
5 | (1) Private residences or dwelling places, except when | ||||||
6 | used as a child care, adult day care, or healthcare | ||||||
7 | facility or any other home-based business open to the | ||||||
8 | public. | ||||||
9 | (2) Retail tobacco stores as defined in Section 10 of | ||||||
10 | this Act in operation prior to the effective date of this | ||||||
11 | amendatory Act of the 95th General Assembly. The retail | ||||||
12 | tobacco store shall annually file with the Department by | ||||||
13 | January 31st an affidavit stating the percentage of its | ||||||
14 | gross income during the prior calendar year that was | ||||||
15 | derived from the sale of loose tobacco, plants, or herbs | ||||||
16 | and cigars, cigarettes, pipes, or other smoking devices for | ||||||
17 | smoking tobacco and related smoking accessories. Any | ||||||
18 | retail tobacco store that begins operation after the | ||||||
19 | effective date of this amendatory Act may only qualify for | ||||||
20 | an exemption if located in a freestanding structure | ||||||
21 | occupied solely by the business and smoke from the business | ||||||
22 | does not migrate into an enclosed area where smoking is | ||||||
23 | prohibited. | ||||||
24 | (3) Private and semi-private rooms in nursing homes and | ||||||
25 | long-term care facilities that are occupied by one or more |
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1 | persons, all of whom are smokers and have requested in | ||||||
2 | writing to be placed or to remain in a room where smoking | ||||||
3 | is permitted and the smoke shall not infiltrate other areas | ||||||
4 | of the nursing home. | ||||||
5 | (4) Hotel and motel sleeping rooms that are rented to | ||||||
6 | guests and are designated as smoking rooms, provided that | ||||||
7 | all smoking rooms on the same floor must be contiguous and | ||||||
8 | smoke from these rooms must not infiltrate into nonsmoking | ||||||
9 | rooms or other areas where smoking is prohibited. Not more | ||||||
10 | than 25% of the rooms rented to guests in a hotel or motel | ||||||
11 | may be designated as rooms where smoking is allowed. The | ||||||
12 | status of rooms as smoking or nonsmoking may not be | ||||||
13 | changed, except to permanently add additional nonsmoking | ||||||
14 | rooms. | ||||||
15 | Section 40. Enforcement; complaints. | ||||||
16 | (a) The Department, State-certified local public health | ||||||
17 | departments, and local law enforcement agencies shall enforce | ||||||
18 | the provisions of this Act and may assess fines pursuant to | ||||||
19 | Section 45 of this Act. | ||||||
20 | (b) Any person may register a complaint with the | ||||||
21 | Department, a State-certified local public health department, | ||||||
22 | or a local law enforcement agency for a violation of this Act. | ||||||
23 | The Department shall establish a telephone number that a person | ||||||
24 | may call to register a complaint under this subsection (b). |
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1 | Section 45. Violations. | ||||||
2 | (a) A person, corporation, partnership, association or | ||||||
3 | other
entity who violates Section 15 of this Act shall be fined | ||||||
4 | pursuant to this Section. Each day that a violation occurs is a | ||||||
5 | separate violation. | ||||||
6 | (b) A person who smokes in an area where smoking is | ||||||
7 | prohibited under Section 15 of this Act shall be fined in an | ||||||
8 | amount that is not less than $100 and not more than $250. A | ||||||
9 | person who owns, operates, or otherwise controls a public place | ||||||
10 | or place of employment that violates Section 15 of this Act | ||||||
11 | shall be fined (i) not less than $250 for the first violation, | ||||||
12 | (ii) not less than $500 for the second violation within one | ||||||
13 | year after the first violation, and (iii) not less than $2,500 | ||||||
14 | for each additional violation within one year after the first | ||||||
15 | violation. | ||||||
16 | (c) A fine imposed under this Section shall be allocated as | ||||||
17 | follows: | ||||||
18 | (1) one-half of the fine shall be distributed to the | ||||||
19 | Department; and | ||||||
20 | (2) one-half of the fine shall be distributed to the | ||||||
21 | enforcing agency. | ||||||
22 | Section 50. Injunctions. The Department, a State-certified | ||||||
23 | local public health department, local law enforcement agency, | ||||||
24 | or any individual
personally affected by repeated violations | ||||||
25 | may institute, in a circuit court,
an action to enjoin |
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1 | violations of this Act.
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2 | Section 55. Discrimination prohibited. No individual may | ||||||
3 | be discriminated against in any manner
because of the exercise | ||||||
4 | of any rights afforded by this Act. | ||||||
5 | Section 60. Severability. If any provision, clause or | ||||||
6 | paragraph of this Act shall be
held invalid by a court of | ||||||
7 | competent jurisdiction, such validity shall not
affect the | ||||||
8 | other provisions of this Act. | ||||||
9 | Section 65. Home rule and other local regulation. | ||||||
10 | (a) Any home rule
unit
of local government, any non-home | ||||||
11 | rule municipality, or any non-home rule county within the | ||||||
12 | unincorporated territory of the county
may regulate smoking in | ||||||
13 | public places, but that regulation
must be no less restrictive | ||||||
14 | than this Act. This subsection (a)
is a limitation on the | ||||||
15 | concurrent exercise of home rule power under subsection
(i) of | ||||||
16 | Section 6 of Article VII of the Illinois Constitution.
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17 | (b) In addition to any regulation authorized under | ||||||
18 | subsection (a) or authorized under home rule powers, any home | ||||||
19 | rule unit of local government, any non-home rule municipality, | ||||||
20 | or any non-home rule county within the unincorporated territory | ||||||
21 | of the county may regulate smoking in any enclosed indoor area | ||||||
22 | used by the public or serving as a place of work if the area | ||||||
23 | does not fall within the definition of a "public place" under |
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1 | this Act.
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2 | Section 70. Entrances, exits, windows, and ventilation | ||||||||||||||||||||||||||||||||||||||||
3 | intakes. Smoking is prohibited within a minimum distance of 15 | ||||||||||||||||||||||||||||||||||||||||
4 | feet from entrances, exits, windows that open, and ventilation | ||||||||||||||||||||||||||||||||||||||||
5 | intakes that serve an enclosed area where smoking is prohibited | ||||||||||||||||||||||||||||||||||||||||
6 | under this Act so as to ensure that tobacco smoke does not | ||||||||||||||||||||||||||||||||||||||||
7 | enter the area through entrances, exits, open windows, or other | ||||||||||||||||||||||||||||||||||||||||
8 | means. | ||||||||||||||||||||||||||||||||||||||||
9 | Section 75. Rules. The Department shall adopt rules | ||||||||||||||||||||||||||||||||||||||||
10 | necessary for the administration of this Act. | ||||||||||||||||||||||||||||||||||||||||
11 | Section 80. The State Mandates Act is amended by adding | ||||||||||||||||||||||||||||||||||||||||
12 | Section 8.31 as follows: | ||||||||||||||||||||||||||||||||||||||||
13 | (30 ILCS 805/8.31 new) | ||||||||||||||||||||||||||||||||||||||||
14 | Sec. 8.31. Exempt mandate. Notwithstanding Sections 6 and 8 | ||||||||||||||||||||||||||||||||||||||||
15 | of this Act, no reimbursement by the State is required for the | ||||||||||||||||||||||||||||||||||||||||
16 | implementation of any mandate created by this amendatory Act of | ||||||||||||||||||||||||||||||||||||||||
17 | the 95th General Assembly.
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18 | (410 ILCS 80/Act rep.)
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19 | Section 90. The Illinois Clean Indoor Air Act is repealed.
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