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Illinois Public
Smoking Ban - Effective January 1, 2008
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Public Act 095-0017
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| SB0500 Enrolled |
LRB095 04425 KBJ 24470
b |
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AN ACT concerning public health.
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Be it enacted by
the People of the State of Illinois, |
represented in the General
Assembly:
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Section 1. Short title. This Act
may be cited as the Smoke |
Free Illinois Act.
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Section 5. Findings. The General
Assembly finds that |
tobacco smoke is a harmful and
dangerous carcinogen 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 heart
disease, stroke, cancer, |
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 2,900 Illinois |
citizens die each year from exposure
to secondhand tobacco |
smoke. |
The General Assembly also finds
that the United States |
Surgeon General's 2006 report has
determined that there is no |
risk-free level of exposure to
secondhand smoke; the scientific |
evidence that secondhand smoke causes
serious diseases, |
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including lung cancer, heart disease,
and respiratory |
illnesses such as bronchitis and
asthma, is massive and |
conclusive; separating smokers from
nonsmokers, cleaning the |
air, and ventilating buildings cannot
eliminate secondhand |
smoke exposure; smoke-free workplace
policies are effective in |
reducing secondhand smoke exposure;
and smoke-free workplace |
policies do not have an adverse
economic impact on the |
hospitality industry. |
The General Assembly also finds
that the Environmental |
Protection Agency has determined that
secondhand smoke cannot |
be reduced to safe levels in
businesses by high rates of |
ventilation. Air cleaners, which are
capable only of filtering |
the particulate matter and odors in
smoke, do not eliminate the |
known toxins in secondhand smoke. The
American Society of |
Heating, Refrigerating and
Air-Conditioning Engineers (ASHRAE) |
bases its ventilation standards on
totally smoke-free |
environments because it cannot
determine a safe level of |
exposure to secondhand smoke, which
contains cancer-causing |
chemicals, and ASHRAE acknowledges
that technology does not |
exist that can remove chemicals that
cause cancer from the air. |
A June 30, 2005 ASHRAE position
document on secondhand smoke |
concludes that, at present, the only
means of eliminating |
health risks associated with indoor
exposure is to eliminate |
all smoking activity indoors.
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Section 10. Definitions. In this
Act: |
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"Bar" means an establishment that
is devoted to the serving |
of alcoholic beverages for consumption
by guests on the |
premises and that derives no more than
10% of its gross revenue |
from the sale of food consumed on the
premises. "Bar" includes, |
but is not limited to, taverns,
nightclubs, cocktail lounges, |
adult entertainment facilities, and
cabarets. |
"Department" means the Department
of Public Health. |
"Employee" means a person who is
employed by an employer in |
consideration for direct or indirect
monetary wages or profits |
or a person who volunteers his or her
services for a non-profit |
entity. |
"Employer" means a person,
business, partnership, |
association, or corporation, including
a municipal |
corporation, trust, or non-profit
entity, that employs the |
services of one or more individual
persons. |
"Enclosed area" means all space
between a floor and a |
ceiling that is enclosed or partially
enclosed with (i) solid |
walls or windows, exclusive of
doorways, or (ii) solid walls |
with partitions and no windows,
exclusive of doorways, that |
extend from the floor to the ceiling,
including, without |
limitation, lobbies and corridors.
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"Enclosed or partially enclosed
sports arena" means any |
sports pavilion, stadium, gymnasium,
health spa, boxing arena, |
swimming pool, roller rink, ice rink,
bowling alley, or other |
similar place where members of the
general public assemble to |
engage in physical exercise or
participate in athletic |
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competitions or recreational
activities or to witness sports, |
cultural, recreational, or other
events. |
"Gaming equipment or supplies"
means gaming |
equipment/supplies as defined in the
Illinois Gaming Board |
Rules of the Illinois Administrative
Code. |
"Gaming facility" means an
establishment utilized |
primarily for the purposes of gaming
and where gaming equipment |
or supplies are operated for the
purposes of accruing business |
revenue. |
"Healthcare facility" means an
office or institution |
providing care or treatment of
diseases, whether physical, |
mental, or emotional, or other
medical, physiological, or |
psychological conditions, including,
but not limited to, |
hospitals, rehabilitation hospitals,
weight control clinics, |
nursing homes, homes for the aging or
chronically ill, |
laboratories, and offices of surgeons,
chiropractors, physical |
therapists, physicians, dentists, and
all specialists within |
these professions. "Healthcare
facility" includes all waiting |
rooms, hallways, private rooms,
semiprivate rooms, and wards |
within healthcare facilities.
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"Place of employment" means any
area under the control of a |
public or private employer that
employees are required to |
enter, leave, or pass through during
the course of employment, |
including, but not limited to
entrances and exits to places of |
employment, including a minimum
distance, as set forth in |
Section 70 of this Act, of 15 feet
from entrances, exits, |
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windows that open, and ventilation
intakes that serve an |
enclosed area where smoking is
prohibited; offices and work |
areas; restrooms; conference and
classrooms; break rooms and |
cafeterias; and other common areas. A
private residence or |
home-based business, unless used to
provide licensed child |
care, foster care, adult care, or
other similar social service |
care on the premises, is not a "place
of employment". |
"Private club" means a
not-for-profit association that (1) |
has been in active and continuous
existence for at least 3 |
years prior to the effective date of
this amendatory Act of the |
95th General Assembly, whether
incorporated or not, (2) is the |
owner, lessee, or occupant of a
building or portion thereof |
used exclusively for club purposes at
all times, (3) is |
operated solely for a recreational,
fraternal, social, |
patriotic, political, benevolent, or
athletic purpose, but not |
for pecuniary gain, and (4) only sells
alcoholic beverages |
incidental to its operation. For
purposes of this definition, |
"private club" means an organization
that is managed by a board |
of directors, executive committee, or
similar body chosen by |
the members at an annual meeting, has
established bylaws, a |
constitution, or both to govern its
activities, and has been |
granted an exemption from the payment
of federal income tax as |
a club under 26 U.S.C. 501.
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"Private residence" means the part
of a structure used as a |
dwelling, including, without
limitation: a private home, |
townhouse, condominium, apartment,
mobile home, vacation home, |
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cabin, or cottage. For the purposes of
this definition, a |
hotel, motel, inn, resort, lodge, bed
and breakfast or other |
similar public accommodation,
hospital, nursing home, or |
assisted living facility shall not be
considered a private |
residence. |
"Public place" means that portion
of any building or |
vehicle used by and open to the
public, regardless of whether |
the building or vehicle is owned in
whole or in part by private |
persons or entities, the State of
Illinois, or any other public |
entity and regardless of whether a fee
is charged for |
admission, including a minimum
distance, as set forth in |
Section 70 of this Act, of 15 feet
from entrances, exits, |
windows that open, and ventilation
intakes that serve an |
enclosed area where smoking is
prohibited. A "public place" |
does not include a private residence
unless the private |
residence is used to provide licensed
child care, foster care, |
or other similar social service care
on the premises. A "public |
place" includes, but is not limited
to, hospitals, restaurants, |
retail stores, offices, commercial
establishments, elevators, |
indoor theaters, libraries, museums,
concert halls, public |
conveyances, educational facilities,
nursing homes, |
auditoriums, enclosed or partially
enclosed sports arenas, |
meeting rooms, schools, exhibition
halls, convention |
facilities, polling places, private
clubs, gaming facilities, |
all government owned vehicles and
facilities, including |
buildings and vehicles owned, leased,
or operated by the State |
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or State subcontract, healthcare
facilities or clinics, |
enclosed shopping centers, retail
service establishments, |
financial institutions, educational
facilities, ticket areas, |
public hearing facilities, public
restrooms, waiting areas, |
lobbies, bars, taverns, bowling
alleys, skating rinks, |
reception areas, and no less than 75%
of the sleeping quarters |
within a hotel, motel, resort, inn,
lodge, bed and breakfast, |
or other similar public accommodation
that are rented to |
guests, but excludes private
residences. |
"Restaurant" means (i) an eating
establishment, including, |
but not limited to, coffee shops,
cafeterias, sandwich stands, |
and private and public school
cafeterias, that gives or offers |
for sale food to the public, guests,
or employees, and (ii) a |
kitchen or catering facility in which
food is prepared on the |
premises for serving elsewhere.
"Restaurant" includes a bar |
area within the restaurant. |
"Retail tobacco store" means a
retail establishment that |
derives more than 80% of its gross
revenue from the sale of |
loose tobacco, plants, or herbs and
cigars, cigarettes, pipes, |
and other smoking devices for burning
tobacco and related |
smoking accessories and in which the
sale of other products is |
merely incidental. "Retail tobacco
store" does not include a |
tobacco department or section of a
larger commercial |
establishment or any establishment
with any type of liquor, |
food, or restaurant license. |
"Smoke" or "smoking" means the
carrying, smoking, burning, |
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inhaling, or exhaling of any kind of
lighted pipe, cigar, |
cigarette, hookah, weed, herbs, or any
other lighted smoking |
equipment. |
"State agency" has the meaning
formerly ascribed to it in |
subsection (a) of Section 3 of the
Illinois Purchasing Act (now |
repealed). |
"Unit of local government" has the
meaning ascribed to it |
in Section 1 of Article VII of the
Illinois Constitution of |
1970.
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Section 15. Smoking in public
places, places of employment, |
and governmental vehicles prohibited.
No person shall smoke in |
a public place or in any place of
employment or within 15 feet |
of any entrance to a public place or
place of employment. No |
person may smoke in any vehicle owned,
leased, or operated by |
the State or a political subdivision
of the State. Smoking is |
prohibited in indoor public places and
workplaces unless |
specifically exempted by Section 35 of
this Act.
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Section 20. Posting of signs;
removal of ashtrays. |
(a) "No Smoking" signs or the
international "No Smoking" |
symbol, consisting of a pictorial
representation of a burning |
cigarette enclosed in a red circle
with a red bar across it, |
shall be clearly and conspicuously
posted in each public place |
and place of employment where smoking
is prohibited by this Act |
by the owner, operator, manager, or
other person in control of |
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that place. |
(b) Each public place and place of
employment where smoking |
is prohibited by this Act shall have
posted at every entrance a |
conspicuous sign clearly stating that
smoking is prohibited. |
(c) All ashtrays shall be removed
from any area where |
smoking is prohibited by this Act by
the owner, operator, |
manager, or other person having
control of the area.
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Section 25. Smoking prohibited in
student dormitories. |
Notwithstanding any other provision of
this Act, smoking is |
prohibited in any portion of the
living quarters, including, |
but not limited to, sleeping rooms,
dining areas, restrooms, |
laundry areas, lobbies, and hallways,
of a building used in |
whole or in part as a student
dormitory that is owned and |
operated or otherwise utilized by a
public or private |
institution of higher education.
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Section 30. Designation of other
nonsmoking areas. |
Notwithstanding any other provision of
this Act, any employer, |
owner, occupant, lessee, operator,
manager, or other person in |
control of any public place or place
of employment may |
designate a non-enclosed area of a
public place or place of |
employment, including outdoor areas,
as an area where smoking |
is also prohibited provided that such
employer, owner, lessee |
or occupant shall conspicuously post
signs prohibiting smoking |
in the manner described in subsections
(a) and (b) of Section |
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20 of this Act.
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Section 35. Exemptions.
Notwithstanding any other |
provision of this Act, smoking is
allowed in the following |
areas: |
(1) Private residences or
dwelling places, except when |
used as a child care, adult day
care, or healthcare |
facility or any other home-based
business open to the |
public. |
(2) Retail tobacco stores as
defined in Section 10 of |
this Act in operation prior to the
effective date of this |
amendatory Act of the 95th General
Assembly. The retail |
tobacco store shall annually file
with the Department by |
January 31st an affidavit stating
the percentage of its |
gross income during the prior
calendar year that was |
derived from the sale of loose
tobacco, plants, or herbs |
and cigars, cigarettes, pipes, or
other smoking devices for |
smoking tobacco and related
smoking accessories. Any |
retail tobacco store that begins
operation after the |
effective date of this amendatory
Act may only qualify for |
an exemption if located in a
freestanding structure |
occupied solely by the business
and smoke from the business |
does not migrate into an enclosed
area where smoking is |
prohibited. |
(3) Private and semi-private
rooms in nursing homes and |
long-term care facilities that are
occupied by one or more |
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persons, all of whom are smokers
and have requested in |
writing to be placed or to remain
in a room where smoking |
is permitted and the smoke shall
not infiltrate other areas |
of the nursing home. |
(4) Hotel and motel sleeping
rooms that are rented to |
guests and are designated as
smoking rooms, provided that |
all smoking rooms on the same
floor must be contiguous and |
smoke from these rooms must not
infiltrate into nonsmoking |
rooms or other areas where smoking
is prohibited. Not more |
than 25% of the rooms rented to
guests in a hotel or motel |
may be designated as rooms where
smoking is allowed. The |
status of rooms as smoking or
nonsmoking may not be |
changed, except to permanently add
additional nonsmoking |
rooms.
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Section 40. Enforcement;
complaints. |
(a) The Department,
State-certified local public health |
departments, and local law enforcement
agencies shall enforce |
the provisions of this Act and may
assess fines pursuant to |
Section 45 of this Act. |
(b) Any person may register a
complaint with the |
Department, a State-certified local
public health department, |
or a local law enforcement agency for
a violation of this Act. |
The Department shall establish a
telephone number that a person |
may call to register a complaint under
this subsection (b).
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Section 45. Violations.
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(a) A person, corporation,
partnership, association or |
other entity who violates Section 15
of this Act shall be fined |
pursuant to this Section. Each day
that a violation occurs is a |
separate violation. |
(b) A person who smokes in an area
where smoking is |
prohibited under Section 15 of this
Act shall be fined in an |
amount that is not less than $100 and
not more than $250. A |
person who owns, operates, or
otherwise controls a public place |
or place of employment that violates
Section 15 of this Act |
shall be fined (i) not less than $250
for the first violation, |
(ii) not less than $500 for the second
violation within one |
year after the first violation, and
(iii) not less than $2,500 |
for each additional violation within
one year after the first |
violation. |
(c) A fine imposed under this
Section shall be allocated as |
follows: |
(1) one-half of the fine shall
be distributed to the |
Department; and |
(2) one-half of the fine shall
be distributed to the |
enforcing agency.
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Section 50. Injunctions. The
Department, a State-certified |
local public health department, local
law enforcement agency, |
or any individual personally affected
by repeated violations |
may institute, in a circuit court, an
action to enjoin |
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violations of this Act.
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Section 55. Discrimination
prohibited. No individual may |
be discriminated against in any manner
because of the exercise |
of any rights afforded by this Act.
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Section 60. 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.
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Section 65. Home rule and other
local regulation. |
(a) Any home rule unit of local
government, any non-home |
rule municipality, or any non-home
rule county within the |
unincorporated territory of the county
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) In addition to any regulation
authorized under |
subsection (a) or authorized under
home rule powers, any home |
rule unit of local government, any
non-home rule municipality, |
or any non-home rule county within the
unincorporated territory |
of the county may regulate smoking in
any enclosed indoor area |
used by the public or serving as a
place of work if the area |
does not fall within the definition of
a "public place" under |
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this Act.
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Section 70. Entrances, exits,
windows, and ventilation |
intakes. Smoking is prohibited within
a minimum distance of 15 |
feet from entrances, exits, windows
that open, and ventilation |
intakes that serve an enclosed area
where smoking is prohibited |
under this Act so as to ensure that
tobacco smoke does not |
enter the area through entrances,
exits, open windows, or other |
means.
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Section 75. Rules. The Department
shall adopt rules |
necessary for the administration of
this Act.
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Section 80. The State Mandates Act
is amended by adding |
Section 8.31 as follows:
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(30 ILCS 805/8.31 new) |
Sec. 8.31. Exempt
mandate. Notwithstanding Sections 6 and 8 |
of this Act, no reimbursement by
the State is required for the |
implementation of any mandate
created by this amendatory Act of |
the 95th General Assembly.
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(410 ILCS 80/Act rep.)
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Section 90. The Illinois Clean
Indoor Air Act is repealed. |
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| INDEX
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| Statutes
amended in order of appearance
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New Act |
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30 ILCS 805/8.31 new |
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410 ILCS 80/Act rep. |
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Effective Date: 1/1/2008
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