State of Illinois
92nd General Assembly
Legislation

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92_HB3020

 
                                               LRB9205452EGfg

 1        AN ACT in relation to clean indoor air.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.  The Illinois Clean Indoor Air Act is amended
 5    by changing Sections 3 and 4 as follows:

 6        (410 ILCS 80/3) (from Ch. 111 1/2, par. 8203)
 7        Sec. 3.  For the purposes  of  this  Act,  the  following
 8    terms  have  the  meanings  ascribed  to them in this Section
 9    unless  different  meanings  are  plainly  indicated  by  the
10    context:
11        (a)  "Department" means the Department of Public Health.
12        (b)  "Proprietor" means any individual or his  designated
13    agent  who  by  virtue  of his office, position, authority or
14    duties has legal or administrative responsibility for the use
15    or operation of property.
16        (c)  "Public place" means any enclosed indoor  area  used
17    by  the  public  or serving as a place of work including, but
18    not  limited  to,  hospitals,  restaurants,  retail   stores,
19    offices,   commercial   establishments,   elevators,   indoor
20    theaters,  libraries,  art  museums,  concert  halls,  public
21    conveyances,    educational    facilities,   nursing   homes,
22    auditoriums, arenas and meeting rooms, but excluding  bowling
23    establishments and excluding places whose primary business is
24    the  sale  of  alcoholic  beverages  for  consumption  on the
25    premises and excluding rooms rented for the purpose of living
26    quarters or sleeping or housekeeping  accommodations  from  a
27    hotel,  as defined in The Hotel Operators' Occupation Tax Act
28    and private, enclosed offices occupied exclusively by smokers
29    even though such offices may be visited by nonsmokers.
30        (c-5)  "Restaurant" means an establishment that  prepares
31    and  serves  food  for  consumption  on the premises and that
 
                            -2-                LRB9205452EGfg
 1    realizes more than 50% of its gross income from the  sale  of
 2    food consumed on the premises.
 3        (d)  "Smoking"  means  the act of inhaling the smoke from
 4    or possessing a lighted cigarette, cigar, pipe or  any  other
 5    form of tobacco or similar substance used for smoking.
 6        (e)  "State  agency"  has  the  meaning ascribed to it in
 7    subsection (a) of Section 3 of The Illinois Purchasing Act.
 8        (f)  "Unit of local government" has the meaning  ascribed
 9    to   it   in  Section  1  of  Article  VII  of  the  Illinois
10    Constitution of 1970.
11    (Source: P.A. 86-1018.)

12        (410 ILCS 80/4) (from Ch. 111 1/2, par. 8204)
13        Sec. 4.  Smoking in public places; exceptions.  No person
14    shall smoke in any portion of a restaurant that is  a  public
15    place.    No  person  shall smoke in any other a public place
16    except in that portion of the a public place  that  has  been
17    which  may  be  established  and  posted under Section 5 as a
18    smoking area.  This prohibition does not apply  in  cases  in
19    which  an  entire  room  or hall is used for a private social
20    function and seating arrangements are under  the  control  of
21    the  sponsor  of  the  function  and not of the proprietor or
22    person in charge of the place.  Furthermore, this prohibition
23    shall not apply to factories, warehouses and  similar  places
24    of work not usually frequented by the general public.
25    (Source: P.A. 86-1018.)

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