Full Text of SB2688 94th General Assembly
SB2688sam003 94TH GENERAL ASSEMBLY
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Sen. Terry Link
Filed: 2/14/2006
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| AMENDMENT TO SENATE BILL 2688
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| AMENDMENT NO. ______. Amend Senate Bill 2688 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Illinois Clean Indoor Air Act is amended by | 5 |
| changing Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, and 11 as | 6 |
| follows:
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| (410 ILCS 80/1) (from Ch. 111 1/2, par. 8201)
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| Sec. 1. Short title.
This Act shall be known and may be | 9 |
| cited as the "Illinois
Clean Indoor Air Act".
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| (Source: P.A. 86-1018.)
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| (410 ILCS 80/2) (from Ch. 111 1/2, par. 8202)
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| Sec. 2. Legislative findings.
The General Assembly finds | 13 |
| that tobacco smoke is
harmful and dangerous to human beings and | 14 |
| a hazard to public health. Secondhand tobacco smoke causes at | 15 |
| least 65,000 deaths each year from heart disease and lung | 16 |
| cancer according to the National Cancer Institute. Secondhand | 17 |
| tobacco smoke causes sudden infant death syndrome, | 18 |
| low-birth-weight in infants, asthma and exacerbation of | 19 |
| asthma, bronchitis and pneumonia in children and adults. | 20 |
| Secondhand tobacco smoke is the third leading cause of | 21 |
| preventable death in the United States. Illinois workers | 22 |
| exposed to secondhand tobacco smoke are at increased risk of | 23 |
| premature death. An estimated 1,570 Illinois citizens die each |
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| year from exposure to secondhand tobacco smoke.
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| (Source: P.A. 94-517, eff. 1-1-06.)
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| (410 ILCS 80/3) (from Ch. 111 1/2, par. 8203)
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| Sec. 3. Definitions.
For the purposes of this Act, the | 5 |
| following terms have the
meanings ascribed to them in this | 6 |
| Section unless different meanings are
plainly indicated by the | 7 |
| context:
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| (a) "Department" means the Department of Public Health.
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| (b) "Proprietor" means any individual or his designated | 10 |
| agent who by
virtue of his office, position, authority, or | 11 |
| duties has legal or
administrative responsibility for the use | 12 |
| or operation of property.
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| (c) "Public Place" means any enclosed indoor area used by | 14 |
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public or serving as a place of work , including, but not | 15 |
| limited to,
hospitals, restaurants, bars, taverns, bowling | 16 |
| alleys, retail stores other than retail tobacco stores , | 17 |
| offices, commercial establishments,
elevators, indoor | 18 |
| theaters, libraries, art museums, concert halls, public
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| conveyances, educational facilities, nursing homes, | 20 |
| auditoriums, arenas,
and meeting rooms, but excluding bowling | 21 |
| establishments and excluding places
whose primary business is | 22 |
| the sale of alcoholic beverages for consumption
on the premises | 23 |
| and excluding rooms rented for the purpose of living
quarters | 24 |
| or sleeping or housekeeping accommodations from a hotel, as
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| defined in the Hotel Operators' Occupation Tax Act, and | 26 |
| private, enclosed
offices occupied exclusively by smokers, | 27 |
| even though such offices may be
visited by nonsmokers.
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| (d) "Smoking" means the act of inhaling the smoke from or | 29 |
| possessing a
lighted cigarette, cigar, pipe, or any other form | 30 |
| of tobacco or similar
substance used for smoking.
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| (e) "State agency" has the meaning formerly ascribed to it | 32 |
| in subsection
(a) of Section 3 of the Illinois Purchasing Act | 33 |
| (now repealed).
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| (f) "Unit of local government" has the meaning ascribed to | 2 |
| it in Section
1 of Article VII of the Illinois Constitution of | 3 |
| 1970. | 4 |
| (g) "Bar" or "tavern" means an establishment that is | 5 |
| subject to a license for the sale of alcoholic liquor for | 6 |
| consumption on the premises and that derives 65% or more of its | 7 |
| gross proceeds from the sale of alcoholic liquor. Each bar or | 8 |
| tavern shall provide any documentation requested by the | 9 |
| Department of Revenue or the Illinois Liquor Control Commission | 10 |
| for the determination of whether the establishment meets the | 11 |
| percentage requirement of this definition. | 12 |
| (h) "Retail tobacco store" means any retail store (i) used | 13 |
| primarily for the sale of tobacco products and accessories, | 14 |
| (ii) in which the sale of other products is merely incidental, | 15 |
| and (iii) where no one under 18 years of age is permitted.
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| (Source: P.A. 92-651, eff. 7-11-02.)
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| (410 ILCS 80/4) (from Ch. 111 1/2, par. 8204)
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| Sec. 4. Smoking in public places prohibited; exceptions.
No | 19 |
| person shall smoke in a public place except in
that portion of | 20 |
| a public place which may be established and
posted under | 21 |
| Section 5 as a smoking area. This prohibition
does not apply in | 22 |
| cases in which an entire room or hall is
used for a private | 23 |
| social function and seating arrangements
are under the control | 24 |
| of the sponsor of the function and not
of the proprietor or | 25 |
| person in charge of the place. Furthermore,
this prohibition | 26 |
| shall not apply to factories, warehouses , and
similar places of | 27 |
| work not usually frequented by the general public , entities | 28 |
| licensed under the Riverboat Gambling Act, lodges or private | 29 |
| clubs, as defined by Section 1-3.24 of the Liquor Control Act | 30 |
| of 1934, or retail tobacco stores .
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| (Source: P.A. 86-1018.)
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| (410 ILCS 80/5) (from Ch. 111 1/2, par. 8205)
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| Sec. 5. Smoking areas.
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| (a) The proprietor of a restaurant, bar, or tavern
elected | 3 |
| and appointed officials of the State of Illinois
and of any | 4 |
| unit of local government and of any school district, or their
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| designee, having control over property of the State or of a | 6 |
| unit of local
government or of a school district which includes | 7 |
| a public place, and the
proprietor of a structure which | 8 |
| includes a public place may establish an
area on the premises | 9 |
| as a smoking area where smoking shall be permitted,
unless | 10 |
| otherwise prohibited by law or ordinance , until 2 years after | 11 |
| the effective date of this amendatory Act of the 94th General | 12 |
| Assembly, at which time the restaurant, bar, or tavern shall | 13 |
| comply with subsection (b) of this Section or Section 4 of this | 14 |
| Act . When establishing an area
as a smoking area, a person | 15 |
| establishing such area shall utilize existing
physical | 16 |
| barriers, ventilation systems, and other physical elements of | 17 |
| the
premises to minimize the intrusion of smoke into areas | 18 |
| where smoking is not
permitted. When a public place is a single | 19 |
| room or enclosure, a person
establishing such area may satisfy | 20 |
| the purposes and provisions of this Act
by establishing a | 21 |
| reasonable portion of the room or enclosure as a smoking area.
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| (b) Any public place subject to this Act whose owner or | 23 |
| operator can demonstrate to the Department that a smoking area | 24 |
| has been equipped with air filtration or purification devices | 25 |
| or similar technologies that render the concentration of | 26 |
| respirable suspended particulate matter in the non-smoking | 27 |
| area equivalent to the concentration of respirable suspended | 28 |
| particulate matter in the ambient outdoor air for the relevant | 29 |
| geographic area shall be exempt from the prohibition of Section | 30 |
| 4 of this Act. The Department shall adopt rules specifying the | 31 |
| types of technologies that satisfy the requirements of this | 32 |
| subsection (b). | 33 |
| (c) With respect to a bar or tavern where the owner or | 34 |
| operator designates the entire premises as a smoking area, the |
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| bar or tavern shall be exempt from the prohibition of Section 4 | 2 |
| of this Act if the owner or operator can demonstrate to the | 3 |
| Department that the bar or tavern has been equipped with air | 4 |
| filtration or purification devices or similar technologies | 5 |
| that render the concentration of respirable suspended | 6 |
| particulate matter in the bar or tavern equivalent to the | 7 |
| concentration of respirable suspended particulate matter in | 8 |
| the ambient outdoor air for the relevant geographic area.
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| (Source: P.A. 86-1018.)
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| (410 ILCS 80/6) (from Ch. 111 1/2, par. 8206)
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| Sec. 6. Enforcement.
The State or unit of local government | 12 |
| or school district
official or their designee or a proprietor | 13 |
| and his agents in control of a
place which includes a public | 14 |
| place shall make reasonable efforts to
prevent smoking in the | 15 |
| public place outside established smoking areas by
posting | 16 |
| appropriate signs or contacting a law enforcement officer, or | 17 |
| other
appropriate means.
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| (Source: P.A. 86-1018.)
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| (410 ILCS 80/7) (from Ch. 111 1/2, par. 8207)
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| Sec. 7. Violations.
A person, corporation, partnership, | 21 |
| association or other
entity, who violates Section 4 of this Act | 22 |
| is guilty of a petty offense.
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| (Source: P.A. 86-1018.)
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| (410 ILCS 80/8) (from Ch. 111 1/2, par. 8208)
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| Sec. 8. Injunctions.
The Department, a local board of | 26 |
| health, or any individual
personally affected by repeated | 27 |
| violations may institute, in a circuit court,
an action to | 28 |
| enjoin violations of this Act.
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| (Source: P.A. 86-1018.)
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| (410 ILCS 80/9) (from Ch. 111 1/2, par. 8209)
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| Sec. 9. Discrimination prohibited.
No individual may be | 2 |
| discriminated against in any manner
because of the exercise of | 3 |
| any rights afforded by this Act.
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| (Source: P.A. 86-1018.)
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| (410 ILCS 80/10) (from Ch. 111 1/2, par. 8210)
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| Sec. 10. Severability.
If any provision, clause or | 7 |
| paragraph of this Act shall be
held invalid by a court of | 8 |
| competent jurisdiction, such validity shall not
affect the | 9 |
| other provisions of this Act.
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| (Source: P.A. 86-1018.)
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| (410 ILCS 80/11)
(from Ch. 111 1/2, par. 8211)
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| Sec. 11. Home rule.
Home rule.
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| (a) Except as provided in subsection (b), a home rule
unit
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| of local government or any municipality in this State
may | 15 |
| regulate smoking in public places, but that regulation
must be | 16 |
| no less restrictive than this Act. This subsection (a)
is a | 17 |
| limitation on the concurrent exercise of home rule power under | 18 |
| subsection
(i) of Section 6 of Article VII of the Illinois | 19 |
| Constitution.
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| (b) Any
home rule unit that has passed an ordinance | 21 |
| concerning the regulation of
smoking prior to October 1, 1989 | 22 |
| is exempt from the requirements of
subsection
(a).
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| (Source: P.A. 94-517, eff. 1-1-06.)
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| Section 99. Effective date. This Act takes effect upon | 25 |
| becoming law.".
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