Environmental Health Committee
Filed: 3/11/2008
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1 | AMENDMENT TO HOUSE BILL 4310
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2 | AMENDMENT NO. ______. Amend House Bill 4310 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Smoke Free Illinois Act is amended by | ||||||
5 | changing Sections 10, 35, 40, and 50 as follows: | ||||||
6 | (410 ILCS 82/10)
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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.
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15 | "Employee" means a person who is employed by an employer in | ||||||
16 | consideration for direct or indirect monetary wages or profits |
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1 | or a person who volunteers his or her services for a non-profit | ||||||
2 | entity. | ||||||
3 | "Employer" means a person, business, partnership, | ||||||
4 | association, or corporation, including a municipal | ||||||
5 | corporation, trust, or non-profit entity, that employs the | ||||||
6 | services of one or more individual persons. | ||||||
7 | "Enclosed area" means all space between a floor and a | ||||||
8 | ceiling that is enclosed or partially enclosed with (i) solid | ||||||
9 | walls or windows, exclusive of doorways, or (ii) solid walls | ||||||
10 | with partitions and no windows, exclusive of doorways, that | ||||||
11 | extend from the floor to the ceiling, including, without | ||||||
12 | limitation, lobbies and corridors. | ||||||
13 | "Enclosed or partially enclosed sports arena" means any | ||||||
14 | sports pavilion, stadium, gymnasium, health spa, boxing arena, | ||||||
15 | swimming pool, roller rink, ice rink, bowling alley, or other | ||||||
16 | similar place where members of the general public assemble to | ||||||
17 | engage in physical exercise or participate in athletic | ||||||
18 | competitions or recreational activities or to witness sports, | ||||||
19 | cultural, recreational, or other events. | ||||||
20 | "Gaming equipment or supplies" means gaming | ||||||
21 | equipment/supplies as defined in the Illinois Gaming Board | ||||||
22 | Rules of the Illinois Administrative Code. | ||||||
23 | "Gaming facility" means an establishment utilized | ||||||
24 | primarily for the purposes of gaming and where gaming equipment | ||||||
25 | or supplies are operated for the purposes of accruing business | ||||||
26 | revenue. |
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1 | "Healthcare facility" means an office or institution | ||||||
2 | providing care or treatment of diseases, whether physical, | ||||||
3 | mental, or emotional, or other medical, physiological, or | ||||||
4 | psychological conditions, including, but not limited to, | ||||||
5 | hospitals, rehabilitation hospitals, weight control clinics, | ||||||
6 | nursing homes, homes for the aging or chronically ill, | ||||||
7 | laboratories, and offices of surgeons, chiropractors, physical | ||||||
8 | therapists, physicians, dentists, and all specialists within | ||||||
9 | these professions. "Healthcare facility" includes all waiting | ||||||
10 | rooms, hallways, private rooms, semiprivate rooms, and wards | ||||||
11 | within healthcare facilities. | ||||||
12 | "Place of employment" means any area under the control of a | ||||||
13 | public or private employer that employees are required to | ||||||
14 | enter, leave, or pass through during the course of employment, | ||||||
15 | including, but not limited to entrances and exits to places of | ||||||
16 | employment, including a minimum distance, as set forth in | ||||||
17 | Section 70 of this Act, of 15 feet from entrances, exits, | ||||||
18 | windows that open, and ventilation intakes that serve an | ||||||
19 | enclosed area where smoking is prohibited; offices and work | ||||||
20 | areas; restrooms; conference and classrooms; break rooms and | ||||||
21 | cafeterias; and other common areas. A private residence or | ||||||
22 | home-based business, unless used to provide licensed child | ||||||
23 | care, foster care, adult care, or other similar social service | ||||||
24 | care on the premises, is not a "place of employment" , nor are | ||||||
25 | enclosed laboratories, not open to the public, in an accredited
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26 | university or government facility where the activity of smoking |
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1 | is
exclusively conducted for the purpose of medical or | ||||||
2 | scientific health-related research .
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3 | "Private club" means a not-for-profit association that (1) | ||||||
4 | has been in active and continuous existence for at least 3 | ||||||
5 | years prior to the effective date of this amendatory Act of the | ||||||
6 | 95th General Assembly, whether incorporated or not, (2) is the | ||||||
7 | owner, lessee, or occupant of a building or portion thereof | ||||||
8 | used exclusively for club purposes at all times, (3) is | ||||||
9 | operated solely for a recreational, fraternal, social, | ||||||
10 | patriotic, political, benevolent, or athletic purpose, but not | ||||||
11 | for pecuniary gain, and (4) only sells alcoholic beverages | ||||||
12 | incidental to its operation. For purposes of this definition, | ||||||
13 | "private club" means an organization that is managed by a board | ||||||
14 | of directors, executive committee, or similar body chosen by | ||||||
15 | the members at an annual meeting, has established bylaws, a | ||||||
16 | constitution, or both to govern its activities, and has been | ||||||
17 | granted an exemption from the payment of federal income tax as | ||||||
18 | a club under 26 U.S.C. 501. | ||||||
19 | "Private residence" means the part of a structure used as a | ||||||
20 | dwelling, including, without limitation: a private home, | ||||||
21 | townhouse, condominium, apartment, mobile home, vacation home, | ||||||
22 | cabin, or cottage. For the purposes of this definition, a | ||||||
23 | hotel, motel, inn, resort, lodge, bed and breakfast or other | ||||||
24 | similar public accommodation, hospital, nursing home, or | ||||||
25 | assisted living facility shall not be considered a private | ||||||
26 | residence. |
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1 | "Public place" means that portion of any building or | ||||||
2 | vehicle used by and open to the public, regardless of whether | ||||||
3 | the building or vehicle is owned in whole or in part by private | ||||||
4 | persons or entities, the State of Illinois, or any other public | ||||||
5 | entity and regardless of whether a fee is charged for | ||||||
6 | admission, including a minimum distance, as set forth in | ||||||
7 | Section 70 of this Act, of 15 feet from entrances, exits, | ||||||
8 | windows that open, and ventilation intakes that serve an | ||||||
9 | enclosed area where smoking is prohibited. A "public place" | ||||||
10 | does not include a private residence unless the private | ||||||
11 | residence is used to provide licensed child care, foster care, | ||||||
12 | or other similar social service care on the premises. A "public | ||||||
13 | place" includes, but is not limited to,
hospitals, restaurants, | ||||||
14 | retail stores, offices, commercial establishments,
elevators, | ||||||
15 | indoor theaters, libraries, museums, concert halls, public
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16 | conveyances, educational facilities, nursing homes, | ||||||
17 | auditoriums, enclosed or partially enclosed sports arenas,
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18 | meeting rooms, schools, exhibition halls, convention | ||||||
19 | facilities, polling places, private clubs, gaming facilities, | ||||||
20 | all government owned vehicles and facilities, including | ||||||
21 | buildings and vehicles owned, leased, or operated by the State | ||||||
22 | or State subcontract, healthcare facilities or clinics, | ||||||
23 | enclosed shopping centers, retail service establishments, | ||||||
24 | financial institutions, educational facilities, ticket areas, | ||||||
25 | public hearing facilities, public restrooms, waiting areas, | ||||||
26 | lobbies, bars, taverns, bowling alleys, skating rinks, |
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1 | reception areas, and no less than 75% of the sleeping quarters | ||||||
2 | within a hotel, motel, resort, inn, lodge, bed and breakfast, | ||||||
3 | or other similar public accommodation that are rented to | ||||||
4 | guests, but excludes private residences.
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5 | "Restaurant" means (i) an eating establishment, including, | ||||||
6 | but not limited to, coffee shops, cafeterias, sandwich stands, | ||||||
7 | and private and public school cafeterias, that gives or offers | ||||||
8 | for sale food to the public, guests, or employees, and (ii) a | ||||||
9 | kitchen or catering facility in which food is prepared on the | ||||||
10 | premises for serving elsewhere. "Restaurant" includes a bar | ||||||
11 | area within the restaurant. | ||||||
12 | "Retail tobacco store" means a retail establishment that | ||||||
13 | derives more than 80% of its gross revenue from the sale of | ||||||
14 | loose tobacco, plants, or herbs and cigars, cigarettes, pipes, | ||||||
15 | and other smoking devices for burning tobacco and related | ||||||
16 | smoking accessories and in which the sale of other products is | ||||||
17 | merely incidental. "Retail tobacco store" does not include a | ||||||
18 | tobacco department or section of a larger commercial | ||||||
19 | establishment or any establishment with any type of liquor, | ||||||
20 | food, or restaurant license. | ||||||
21 | "Smoke" or "smoking" means the carrying, smoking, burning, | ||||||
22 | inhaling, or exhaling of any kind of lighted pipe, cigar, | ||||||
23 | cigarette, hookah, weed, herbs, or any other lighted smoking | ||||||
24 | equipment.
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25 | "State agency" has the meaning formerly ascribed to it in | ||||||
26 | subsection
(a) of Section 3 of the Illinois Purchasing Act (now |
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1 | repealed).
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2 | "Unit of local government" has the meaning ascribed to it | ||||||
3 | in Section
1 of Article VII of the Illinois Constitution of | ||||||
4 | 1970.
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5 | (Source: P.A. 95-17, eff. 1-1-08.) | ||||||
6 | (410 ILCS 82/35)
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7 | Sec. 35. Exemptions. Notwithstanding any other provision | ||||||
8 | of this Act, smoking is allowed in the following areas: | ||||||
9 | (1) Private residences or dwelling places, except when | ||||||
10 | used as a child care, adult day care, or healthcare | ||||||
11 | facility or any other home-based business open to the | ||||||
12 | public. | ||||||
13 | (2) Retail tobacco stores as defined in Section 10 of | ||||||
14 | this Act in operation prior to the effective date of this | ||||||
15 | amendatory Act of the 95th General Assembly. The retail | ||||||
16 | tobacco store shall annually file with the Department by | ||||||
17 | January 31st an affidavit stating the percentage of its | ||||||
18 | gross income during the prior calendar year that was | ||||||
19 | derived from the sale of loose tobacco, plants, or herbs | ||||||
20 | and cigars, cigarettes, pipes, or other smoking devices for | ||||||
21 | smoking tobacco and related smoking accessories. Any | ||||||
22 | retail tobacco store that begins operation after the | ||||||
23 | effective date of this amendatory Act may only qualify for | ||||||
24 | an exemption if located in a freestanding structure | ||||||
25 | occupied solely by the business and smoke from the business |
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1 | does not migrate into an enclosed area where smoking is | ||||||
2 | prohibited. | ||||||
3 | (3) Private and semi-private rooms in nursing homes and | ||||||
4 | long-term care facilities that are occupied by one or more | ||||||
5 | persons, all of whom are smokers and have requested in | ||||||
6 | writing to be placed or to remain in a room where smoking | ||||||
7 | is permitted and the smoke shall not infiltrate other areas | ||||||
8 | of the nursing home. | ||||||
9 | (4) Hotel and motel sleeping rooms that are rented to | ||||||
10 | guests and are designated as smoking rooms, provided that | ||||||
11 | all smoking rooms on the same floor must be contiguous and | ||||||
12 | smoke from these rooms must not infiltrate into nonsmoking | ||||||
13 | rooms or other areas where smoking is prohibited. Not more | ||||||
14 | than 25% of the rooms rented to guests in a hotel or motel | ||||||
15 | may be designated as rooms where smoking is allowed. The | ||||||
16 | status of rooms as smoking or nonsmoking may not be | ||||||
17 | changed, except to permanently add additional nonsmoking | ||||||
18 | rooms.
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19 | (5) Enclosed laboratories that are excluded from the | ||||||
20 | definition of "place of employment" in Section 10 of this | ||||||
21 | Act. Notwithstanding any other rulemaking authority that | ||||||
22 | may exist, neither the Governor nor any agency or agency | ||||||
23 | head under the jurisdiction of the Governor has any | ||||||
24 | authority to make or promulgate rules to implement or | ||||||
25 | enforce the provisions of this amendatory Act of the 95th | ||||||
26 | General Assembly. If, however, the Governor believes that |
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1 | rules are necessary to implement or enforce the provisions | ||||||
2 | of this amendatory Act of the 95th General Assembly, the | ||||||
3 | Governor may suggest rules to the General Assembly by | ||||||
4 | filing them with the Clerk of the House and the Secretary | ||||||
5 | of the Senate and by requesting that the General Assembly | ||||||
6 | authorize such rulemaking by law, enact those suggested | ||||||
7 | rules into law, or take any other appropriate action in the | ||||||
8 | General Assembly's discretion. Nothing contained in this | ||||||
9 | amendatory Act of the 95th General Assembly shall be | ||||||
10 | interpreted to grant rulemaking authority under any other | ||||||
11 | Illinois statute where such authority is not otherwise | ||||||
12 | explicitly given. For the purposes of this amendatory Act | ||||||
13 | of the 95th General Assembly, "rules" is given the meaning | ||||||
14 | contained in Section 1-70 of the Illinois Administrative | ||||||
15 | Procedure Act, and "agency" and "agency head" are given the | ||||||
16 | meanings contained in Sections 1-20 and 1-25 of the | ||||||
17 | Illinois Administrative Procedure Act to the extent that | ||||||
18 | such definitions apply to agencies or agency heads under | ||||||
19 | the jurisdiction of the Governor. | ||||||
20 | (Source: P.A. 95-17, eff. 1-1-08.) | ||||||
21 | (410 ILCS 82/40)
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22 | Sec. 40. Enforcement; complaints. | ||||||
23 | (a) The Department, State-certified local public health | ||||||
24 | departments, and local law enforcement agencies shall enforce | ||||||
25 | the provisions of this Act through the issuance of citations |
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1 | and may assess fines pursuant to Section 45 of this Act. | ||||||
2 | (b) Any person may register a complaint with the | ||||||
3 | Department, a State-certified local public health department, | ||||||
4 | or a local law enforcement agency for a violation of this Act. | ||||||
5 | The Department shall establish a telephone number that a person | ||||||
6 | may call to register a complaint under this subsection (b).
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7 | (c) The Department shall afford a violator the opportunity | ||||||
8 | to pay the fine without objection or to contest the citation in | ||||||
9 | accordance with the Illinois Administrative Procedure Act, | ||||||
10 | except that in case of a conflict between the Illinois | ||||||
11 | Administrative Procedure Act and this Act, the provisions of | ||||||
12 | this Act shall control. | ||||||
13 | (Source: P.A. 95-17, eff. 1-1-08.) | ||||||
14 | (410 ILCS 82/50)
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15 | Sec. 50. Injunctions. In addition to any other sanction or | ||||||
16 | remedy, the The Department, a State-certified local public | ||||||
17 | health department, local law enforcement agency, or any | ||||||
18 | individual
personally affected by repeated violations may | ||||||
19 | institute, in a circuit court,
an action to enjoin violations | ||||||
20 | of this Act.
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21 | (Source: P.A. 95-17, eff. 1-1-08.)".
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