Full Text of SB0842 97th General Assembly
SB0842sam001 97TH GENERAL ASSEMBLY | Sen. David Koehler Filed: 5/21/2012
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| 1 | | AMENDMENT TO SENATE BILL 842
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 842 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Smoke Free Illinois Act is amended by | 5 | | changing Sections 10, 15, and 35 as follows: | 6 | | (410 ILCS 82/10)
| 7 | | 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.
| 15 | | "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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| 1 | | 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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| 1 | | "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 | | "Permeable" means permitting smoke to pass through. | 13 | | "Place of employment" means any area under the control of a | 14 | | public or private employer that employees are required to | 15 | | enter, leave, or pass through during the course of employment, | 16 | | including, but not limited to entrances and exits to places of | 17 | | employment, including a minimum distance, as set forth in | 18 | | Section 70 of this Act, of 15 feet from entrances, exits, | 19 | | windows that open, and ventilation intakes that serve an | 20 | | enclosed area where smoking is prohibited; offices and work | 21 | | areas; restrooms; conference and classrooms; break rooms and | 22 | | cafeterias; and other common areas. A private residence or | 23 | | home-based business, unless used to provide licensed child | 24 | | care, foster care, adult care, or other similar social service | 25 | | care on the premises, is not a "place of employment", nor are | 26 | | enclosed laboratories, not open to the public, in an accredited
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| 1 | | university or government facility where the activity of smoking | 2 | | is
exclusively conducted for the purpose of medical or | 3 | | scientific health-related research. Rulemaking authority to | 4 | | implement this amendatory Act of the 95th General Assembly, if | 5 | | any, is conditioned on the rules being adopted in accordance | 6 | | with all provisions of the Illinois Administrative Procedure | 7 | | Act and all rules and procedures of the Joint Committee on | 8 | | Administrative Rules; any purported rule not so adopted, for | 9 | | whatever reason, is unauthorized.
| 10 | | "Private club" means a not-for-profit association that (1) | 11 | | has been in active and continuous existence for at least 3 | 12 | | years prior to the effective date of this amendatory Act of the | 13 | | 95th General Assembly, whether incorporated or not, (2) is the | 14 | | owner, lessee, or occupant of a building or portion thereof | 15 | | used exclusively for club purposes at all times, (3) is | 16 | | operated solely for a recreational, fraternal, social, | 17 | | patriotic, political, benevolent, or athletic purpose, but not | 18 | | for pecuniary gain, and (4) only sells alcoholic beverages | 19 | | incidental to its operation. For purposes of this definition, | 20 | | "private club" means an organization that is managed by a board | 21 | | of directors, executive committee, or similar body chosen by | 22 | | the members at an annual meeting, has established bylaws, a | 23 | | constitution, or both to govern its activities, and has been | 24 | | granted an exemption from the payment of federal income tax as | 25 | | a club under 26 U.S.C. 501. | 26 | | "Private residence" means the part of a structure used as a |
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| 1 | | dwelling, including, without limitation: a private home, | 2 | | townhouse, condominium, apartment, mobile home, vacation home, | 3 | | cabin, or cottage. For the purposes of this definition, a | 4 | | hotel, motel, inn, resort, lodge, bed and breakfast or other | 5 | | similar public accommodation, hospital, nursing home, or | 6 | | assisted living facility shall not be considered a private | 7 | | residence. | 8 | | "Public place" means that portion of any building or | 9 | | vehicle used by and open to the public, regardless of whether | 10 | | the building or vehicle is owned in whole or in part by private | 11 | | persons or entities, the State of Illinois, or any other public | 12 | | entity and regardless of whether a fee is charged for | 13 | | admission, including a minimum distance, as set forth in | 14 | | Section 70 of this Act, of 15 feet from entrances, exits, | 15 | | windows that open, and ventilation intakes that serve an | 16 | | enclosed area where smoking is prohibited. A "public place" | 17 | | does not include a private residence unless the private | 18 | | residence is used to provide licensed child care, foster care, | 19 | | or other similar social service care on the premises. A "public | 20 | | place" includes, but is not limited to,
hospitals, restaurants, | 21 | | retail stores, offices, commercial establishments,
elevators, | 22 | | indoor theaters, libraries, museums, concert halls, public
| 23 | | conveyances, educational facilities, nursing homes, | 24 | | auditoriums, enclosed or partially enclosed sports arenas,
| 25 | | meeting rooms, schools, exhibition halls, convention | 26 | | facilities, polling places, private clubs, gaming facilities, |
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| 1 | | all government owned vehicles and facilities, including | 2 | | buildings and vehicles owned, leased, or operated by the State | 3 | | or State subcontract, healthcare facilities or clinics, | 4 | | enclosed shopping centers, retail service establishments, | 5 | | financial institutions, educational facilities, ticket areas, | 6 | | public hearing facilities, public restrooms, waiting areas, | 7 | | lobbies, bars, taverns, bowling alleys, skating rinks, | 8 | | reception areas, and no less than 75% of the sleeping quarters | 9 | | within a hotel, motel, resort, inn, lodge, bed and breakfast, | 10 | | or other similar public accommodation that are rented to | 11 | | guests, but excludes private residences.
| 12 | | "Restaurant" means (i) an eating establishment, including, | 13 | | but not limited to, coffee shops, cafeterias, sandwich stands, | 14 | | and private and public school cafeterias, that gives or offers | 15 | | for sale food to the public, guests, or employees, and (ii) a | 16 | | kitchen or catering facility in which food is prepared on the | 17 | | premises for serving elsewhere. "Restaurant" includes a bar | 18 | | area within the restaurant. | 19 | | "Retail tobacco store" means a retail establishment that | 20 | | derives more than 80% of its gross revenue from the sale of | 21 | | loose tobacco, plants, or herbs and cigars, cigarettes, pipes, | 22 | | and other smoking devices for burning tobacco and related | 23 | | smoking accessories and in which the sale of other products is | 24 | | merely incidental. "Retail tobacco store" includes an enclosed | 25 | | workplace that manufactures, imports, or distributes tobacco | 26 | | or tobacco products, when, as a necessary and integral part of |
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| 1 | | the process of making, manufacturing, importing, or | 2 | | distributing a tobacco product for the eventual retail sale of | 3 | | that tobacco or tobacco product, tobacco is heated, burned, or | 4 | | smoked, or a lighted tobacco product is tested, provided that | 5 | | the involved business entity: (1) maintains a specially | 6 | | designated area or areas within the workplace for the purpose | 7 | | of the heating, burning, smoking, or lighting activities, and | 8 | | does not create a facility that permits smoking throughout; (2) | 9 | | satisfies the 80% requirement related to gross sales; and (3) | 10 | | delivers tobacco products to consumers, retail establishments, | 11 | | or other wholesale establishments as part of its business. | 12 | | "Retail tobacco store" does not include a tobacco department or | 13 | | section of a larger commercial establishment or any | 14 | | establishment with any type of liquor, food, or restaurant | 15 | | license. Rulemaking authority to implement this amendatory Act | 16 | | of the 95th General Assembly, if any, is conditioned on the | 17 | | rules being adopted in accordance with all provisions of the | 18 | | Illinois Administrative Procedure Act and all rules and | 19 | | procedures of the Joint Committee on Administrative Rules; any | 20 | | purported rule not so adopted, for whatever reason, is | 21 | | unauthorized. | 22 | | "Smoke" or "smoking" means the carrying, smoking, burning, | 23 | | inhaling, or exhaling of any kind of lighted pipe, cigar, | 24 | | cigarette, hookah, weed, herbs, or any other lighted smoking | 25 | | equipment. "Smoke" or "smoking" does not include smoking that | 26 | | is associated with a native recognized religious ceremony, |
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| 1 | | ritual, or activity by American Indians that is in accordance | 2 | | with the federal American Indian Religious Freedom Act, 42 | 3 | | U.S.C. 1996 and 1996a.
| 4 | | "State agency" has the meaning formerly ascribed to it in | 5 | | subsection
(a) of Section 3 of the Illinois Purchasing Act (now | 6 | | repealed).
| 7 | | "Unit of local government" has the meaning ascribed to it | 8 | | in Section
1 of Article VII of the Illinois Constitution of | 9 | | 1970.
| 10 | | (Source: P.A. 95-17, eff. 1-1-08; 95-1029, eff. 2-4-09; 96-797, | 11 | | eff. 1-1-10.) | 12 | | (410 ILCS 82/15)
| 13 | | Sec. 15. Smoking in public places, places of employment, | 14 | | and governmental vehicles prohibited. No person shall smoke in | 15 | | a public place or in any place of employment or within 15 feet | 16 | | of any entrance to a public place or place of employment. No | 17 | | person may smoke in any vehicle owned, leased, or operated by | 18 | | the State or a political subdivision of the State. An owner | 19 | | shall reasonably assure that smoking is prohibited in enclosed | 20 | | indoor public places and workplaces unless specifically | 21 | | exempted by Section 35 of this Act. The Department shall adopt | 22 | | rules necessary for the administration of this Section within | 23 | | 12 months after the effective date of this amendatory Act of | 24 | | the 97th General Assembly.
| 25 | | (Source: P.A. 95-17, eff. 1-1-08; 95-1029, eff. 2-4-09.) |
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| 1 | | (410 ILCS 82/35) | 2 | | Sec. 35. Exemptions. Notwithstanding any other provision | 3 | | of this Act, smoking is allowed in the following areas: | 4 | | (1) Private residences or dwelling places, except when | 5 | | used as a child care, adult day care, or healthcare | 6 | | facility or any other home-based business open to the | 7 | | public. | 8 | | (2) Retail tobacco stores as defined in Section 10 of | 9 | | this Act in operation prior to the effective date of this | 10 | | amendatory Act of the 95th General Assembly. The retail | 11 | | tobacco store shall annually file with the Department by | 12 | | January 31st an affidavit stating the percentage of its | 13 | | gross income during the prior calendar year that was | 14 | | derived from the sale of loose tobacco, plants, or herbs | 15 | | and cigars, cigarettes, pipes, or other smoking devices for | 16 | | smoking tobacco and related smoking accessories. Any | 17 | | retail tobacco store that begins operation after the | 18 | | effective date of this amendatory Act may only qualify for | 19 | | an exemption if located in a freestanding structure | 20 | | occupied solely by the business and smoke from the business | 21 | | does not migrate into an enclosed area where smoking is | 22 | | prohibited. | 23 | | (3) (Blank). | 24 | | (4) Hotel and motel sleeping rooms that are rented to | 25 | | guests and are designated as smoking rooms, provided that |
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| 1 | | all smoking rooms on the same floor must be contiguous and | 2 | | smoke from these rooms must not infiltrate into nonsmoking | 3 | | rooms or other areas where smoking is prohibited. Not more | 4 | | than 25% of the rooms rented to guests in a hotel or motel | 5 | | may be designated as rooms where smoking is allowed. The | 6 | | status of rooms as smoking or nonsmoking may not be | 7 | | changed, except to permanently add additional nonsmoking | 8 | | rooms. | 9 | | (5) Enclosed laboratories that are excluded from the | 10 | | definition of "place of employment" in Section 10 of this | 11 | | Act. Rulemaking authority to implement this amendatory Act | 12 | | of the 95th General Assembly, if any, is conditioned on the | 13 | | rules being adopted in accordance with all provisions of | 14 | | the Illinois Administrative Procedure Act and all rules and | 15 | | procedures of the Joint Committee on Administrative Rules; | 16 | | any purported rule not so adopted, for whatever reason, is | 17 | | unauthorized. | 18 | | (6) Common smoking rooms in long-term care facilities
| 19 | | operated under the authority of the Illinois Department of
| 20 | | Veterans' Affairs or licensed under the Nursing Home Care | 21 | | Act that are accessible only to residents who
are smokers | 22 | | and have requested in writing to have access to
the common | 23 | | smoking room where smoking is permitted and the
smoke shall | 24 | | not infiltrate other areas of the long-term care facility. | 25 | | Rulemaking authority to implement this amendatory Act of | 26 | | the 95th General Assembly, if any, is conditioned on the |
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| 1 | | rules being adopted in accordance with all provisions of | 2 | | the Illinois Administrative Procedure Act and all rules and | 3 | | procedures of the Joint Committee on Administrative Rules; | 4 | | any purported rule not so adopted, for whatever reason, is | 5 | | unauthorized. | 6 | | (7) An outdoor patio controlled by the proprietor of a | 7 | | place of employment or public space that is designated by | 8 | | the proprietor as an area where smoking is permitted, if | 9 | | the area is 15 feet or more from entrances, exits, windows | 10 | | that open, and ventilation intakes that serve an enclosed | 11 | | area where smoking is prohibited.
The outdoor patio shall | 12 | | have at least one side that contains a majority of open | 13 | | space or permeable material, unless the outdoor patio has | 14 | | either no overhead covering or an overhead covering that | 15 | | consists of permeable material or a combination of open | 16 | | space and permeable material. An area where smoking is | 17 | | permitted on a rooftop must satisfy the requirements for an | 18 | | outdoor patio contained in this subsection (7).
An outdoor | 19 | | patio where smoking is permitted shall be situated so that | 20 | | patrons of the indoor public place or indoor place of | 21 | | employment need not enter an outdoor patio area where | 22 | | smoking is permitted in order to gain access to the indoor | 23 | | area.
Nothing in this exemption shall limit the authority | 24 | | under Section 30 to designate all or part of an outdoor | 25 | | patio as a non-smoking area.
An employee shall not be | 26 | | required, as a condition of employment, to enter an outdoor |
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| 1 | | patio where smoking is permitted.
The Department shall | 2 | | adopt rules necessary for the administration of this | 3 | | subsection (7) within 12 months after the effective date of | 4 | | this amendatory Act of the 97th General Assembly. | 5 | | (Source: P.A. 95-17, eff. 1-1-08; 95-1029, eff. 2-4-09; | 6 | | 96-1357, eff. 1-1-11.)".
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