Full Text of HB4333 95th General Assembly
HB4333ham001 95TH GENERAL ASSEMBLY
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Environmental Health Committee
Filed: 2/20/2008
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LRB095 15157 RAS 46694 a |
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| AMENDMENT TO HOUSE BILL 4333
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| AMENDMENT NO. ______. Amend House Bill 4333 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Smoke Free Illinois Act is amended by | 5 |
| changing Sections 10 and 35 as follows: | 6 |
| (410 ILCS 82/10)
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| 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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| "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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| 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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| "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".
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| "Private club" means a not-for-profit association that (1) | 26 |
| has been in active and continuous existence for at least 3 |
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| years prior to the effective date of this amendatory Act of the | 2 |
| 95th General Assembly, whether incorporated or not, (2) is the | 3 |
| owner, lessee, or occupant of a building or portion thereof | 4 |
| used exclusively for club purposes at all times, (3) is | 5 |
| operated solely for a recreational, fraternal, social, | 6 |
| patriotic, political, benevolent, or athletic purpose, but not | 7 |
| for pecuniary gain, and (4) only sells alcoholic beverages | 8 |
| incidental to its operation. For purposes of this definition, | 9 |
| "private club" means an organization that is managed by a board | 10 |
| of directors, executive committee, or similar body chosen by | 11 |
| the members at an annual meeting, has established bylaws, a | 12 |
| constitution, or both to govern its activities, and has been | 13 |
| granted an exemption from the payment of federal income tax as | 14 |
| a club under 26 U.S.C. 501. | 15 |
| "Private residence" means the part of a structure used as a | 16 |
| dwelling, including, without limitation: a private home, | 17 |
| townhouse, condominium, apartment, mobile home, vacation home, | 18 |
| cabin, or cottage. For the purposes of this definition, a | 19 |
| hotel, motel, inn, resort, lodge, bed and breakfast or other | 20 |
| similar public accommodation, hospital, nursing home, or | 21 |
| assisted living facility shall not be considered a private | 22 |
| residence. | 23 |
| "Public place" means that portion of any building or | 24 |
| vehicle used by and open to the public, regardless of whether | 25 |
| the building or vehicle is owned in whole or in part by private | 26 |
| persons or entities, the State of Illinois, or any other public |
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| entity and regardless of whether a fee is charged for | 2 |
| admission, including a minimum distance, as set forth in | 3 |
| Section 70 of this Act, of 15 feet from entrances, exits, | 4 |
| windows that open, and ventilation intakes that serve an | 5 |
| enclosed area where smoking is prohibited. A "public place" | 6 |
| does not include a private residence unless the private | 7 |
| residence is used to provide licensed child care, foster care, | 8 |
| or other similar social service care on the premises. A "public | 9 |
| place" includes, but is not limited to,
hospitals, restaurants, | 10 |
| retail stores, offices, commercial establishments,
elevators, | 11 |
| indoor theaters, libraries, museums, concert halls, public
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| conveyances, educational facilities, nursing homes, | 13 |
| auditoriums, enclosed or partially enclosed sports arenas,
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| meeting rooms, schools, exhibition halls, convention | 15 |
| facilities, polling places, private clubs, gaming facilities, | 16 |
| all government owned vehicles and facilities, including | 17 |
| buildings and vehicles owned, leased, or operated by the State | 18 |
| or State subcontract, healthcare facilities or clinics, | 19 |
| enclosed shopping centers, retail service establishments, | 20 |
| financial institutions, educational facilities, ticket areas, | 21 |
| public hearing facilities, public restrooms, waiting areas, | 22 |
| lobbies, bars, taverns, bowling alleys, skating rinks, | 23 |
| reception areas, and no less than 75% of the sleeping quarters | 24 |
| within a hotel, motel, resort, inn, lodge, bed and breakfast, | 25 |
| or other similar public accommodation that are rented to | 26 |
| guests, but excludes private residences.
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| "Restaurant" means (i) an eating establishment, including, | 2 |
| but not limited to, coffee shops, cafeterias, sandwich stands, | 3 |
| and private and public school cafeterias, that gives or offers | 4 |
| for sale food to the public, guests, or employees, and (ii) a | 5 |
| kitchen or catering facility in which food is prepared on the | 6 |
| premises for serving elsewhere. "Restaurant" includes a bar | 7 |
| area within the restaurant. | 8 |
| "Retail tobacco store" means a retail establishment that | 9 |
| derives more than 80% of its gross revenue from the sale of | 10 |
| loose tobacco, plants, or herbs and cigars, cigarettes, pipes, | 11 |
| and other smoking devices for burning tobacco and related | 12 |
| smoking accessories and in which the sale of other products is | 13 |
| merely incidental. "Retail tobacco store" does not include a | 14 |
| tobacco department or section of a larger commercial | 15 |
| establishment or any establishment with any type of liquor, | 16 |
| food, or restaurant license. | 17 |
| "Smoke" or "smoking" means the carrying, smoking, burning, | 18 |
| inhaling, or exhaling of any kind of lighted pipe, cigar, | 19 |
| cigarette, hookah, weed, herbs, or any other lighted smoking | 20 |
| equipment.
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| "State agency" has the meaning formerly ascribed to it in | 22 |
| subsection
(a) of Section 3 of the Illinois Purchasing Act (now | 23 |
| repealed).
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| "Unit of local government" has the meaning ascribed to it | 25 |
| in Section
1 of Article VII of the Illinois Constitution of | 26 |
| 1970. |
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| "Veterans' hall or club" means that portion of a building | 2 |
| owned, leased, or occupied and used exclusively by a | 3 |
| not-for-profit association or organization whose members are | 4 |
| current or former members of the U.S. armed forces.
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| (Source: P.A. 95-17, eff. 1-1-08.) | 6 |
| (410 ILCS 82/35)
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| 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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| 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. | 19 |
| (5) Veterans halls or clubs, as defined in Section 10 | 20 |
| of this Act, provided at least half of the hall's or club's | 21 |
| members have requested in writing that the hall or club | 22 |
| designate areas for smoking. Notwithstanding any other | 23 |
| rulemaking authority that may exist, neither the Governor | 24 |
| nor any agency or agency head under the jurisdiction of the | 25 |
| Governor has any authority to make or promulgate rules to | 26 |
| implement or enforce the provisions of this amendatory Act |
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| of the 95th General Assembly. If, however, the Governor | 2 |
| believes that rules are necessary to implement or enforce | 3 |
| the provisions of this amendatory Act of the 95th General | 4 |
| Assembly, the Governor may suggest rules to the General | 5 |
| Assembly by filing them with the Clerk of the House and the | 6 |
| Secretary of the Senate and by requesting that the General | 7 |
| Assembly authorize such rulemaking by law, enact those | 8 |
| suggested rules into law, or take any other appropriate | 9 |
| action in the General Assembly's discretion. Nothing | 10 |
| contained in this amendatory Act of the 95th General | 11 |
| Assembly shall be interpreted to grant rulemaking | 12 |
| authority under any other Illinois statute where such | 13 |
| authority is not otherwise explicitly given. For the | 14 |
| purposes of this amendatory Act of the 95th General | 15 |
| Assembly, "rules" is given the meaning contained in Section | 16 |
| 1-70 of the Illinois Administrative Procedure Act, and | 17 |
| "agency" and "agency head" are given the meanings contained | 18 |
| in Sections 1-20 and 1-25 of the Illinois Administrative | 19 |
| Procedure Act to the extent that such definitions apply to | 20 |
| agencies or agency heads under the jurisdiction of the | 21 |
| Governor.
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| (Source: P.A. 95-17, eff. 1-1-08.)
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| Section 99. Effective date. This Act takes effect upon | 24 |
| becoming law.".
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