Bill Status of HB4338 94th General Assembly
Short Description: INDR CLN AIR-EXPND SMOKING BAN
Rep. Annazette Collins - David E. Miller - Lovana Jones - Constance A. Howard - Karen May, Kathleen A. Ryg, Karen A. Yarbrough, Elizabeth Coulson, Julie Hamos, Marlow H. Colvin, William Davis and Jack McGuire
| 1/9/2007||House||Session Sine Die|
Statutes Amended In Order of Appearance
Synopsis As Introduced
Amends the Illinois Clean Indoor Air Act. Includes bars, taverns, and bowling alleys in the definition of "public place". Provides that no person shall smoke within 15 feet of any entrance to a public place. Provides that the proprietor of a restaurant, bar, or tavern (now, elected and appointed officials of the State of Illinois and of any unit of local government and of any school district, or their designee, having control over property of the State or of a unit of local government or of a school district which includes a public place, and the proprietor of a structure which includes a public place) may establish a smoking area on the premises until 2 years after the effective date of the amendatory Act, at which time the restaurant, bar, or tavern must otherwise comply with the Act. Provides that any public place may have a smoking area if it is equipped with devices to render the exposure to secondhand smoke in the area equivalent to exposure to secondhand smoke in the ambient outdoor air surrounding the public place and requires the Department of Public Health to adopt rules relating to this provision. Makes other changes.
House Committee Amendment No. 1
Deletes everything after the enacting clause. Replaces with the bill as introduced with the following changes. Amends the Illinois Clean Indoor Air Act. Makes changes to the legislative findings. Removes the definition of "proprietor". Makes changes to the definitions of "public place" and "smoking". Adds definitions of "bar", "business", "employee", "employer", "enclosed area", "enclosed or semi-enclosed arena" or "recreational area", "health care facility", "place of employment", "restaurant", and "retail tobacco store". Prohibits smoking in public places, places of employment, and State-owned vehicles (now, only public places). Removes exceptions for rooms or halls used for private social functions and factories, warehouses, and similar places of work not usually frequented by the general public. Removes provisions concerning delayed compliance with the Act by restaurants, bars, and taverns and exemptions from the Act for public places using certain air filtration or purification devices. Requires "No Smoking" signs to be posted in each public place and place of employment where smoking is prohibited. Requires ashtrays to be removed from any area where smoking is prohibited. Provides that the Department of Public Health, State certified local public health departments, and local law enforcement agencies shall enforce the provisions of this Act and may assess fines (now, the State or unit of local government or school district official or its designee or a proprietor and his agents in control of a place that includes a public place shall make reasonable efforts to prevent smoking in the public place outside established smoking areas by posting appropriate signs or contacting a law enforcement officer or other appropriate means). Permits any person to register a complaint for a violation of the Act and requires the Department to establish a telephone number for persons to call to register complaints. Sets forth fines for violations of the Act. Permits local law enforcement agencies to institute actions to enjoin violations of the Act. Permits counties (now, just home rule units of local government and municipalities) to regulate smoking in certain circumstances. Removes a provision exempting certain home rule units from certain requirements. Provides that (1) municipalities with a population greater than 500,000, (2) private residences, except when used as a licensed childcare facility, adult care facility, health care facility, or a home-based business of any kind open to the public, (3) hotel and motel sleeping rooms that are rented to guests and are designated as smoking rooms, and (4) certain retail tobacco stores are exempt from the requirements of the Act. Requires the Department to adopt rules. Repeals a provision concerning the establishment of smoking areas. Adds a January 15, 2007 effective date.
| ||Fiscal Note (H-AM 1) (Com. on Gov. Forecasting & Accountability)|
| ||As amended by HA1, would have no fiscal impact on the Commission on Government Forecasting & Accountability.|
| ||State Mandates Fiscal Note (H-AM 1)(Dept of Commerce and Economic Opportunity)|
| ||In the opinion of the Department of Commerce and Economic Opportunity, HB 4338 (H-AM 1) creates a local government organization and structure mandate for which reimbursement of the increased costs to units of local government is not required under the State Mandates Act.|
| ||Home Rule Note (H-AM 1)(Dept of Commerce and Economic Opportunity)|
| ||In the opinion of the Department of Commerce and Economic Opportunity, HB 4338 (H-AM 1) pre-empts home rule authority.|