Full Text of SB2202 98th General Assembly
SB2202eng 98TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning higher education.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 1. Short title. This Act may be cited as the | 5 | | Smoke-Free Campus Act. | 6 | | Section 5. Findings. The General Assembly finds that | 7 | | tobacco smoke is a harmful and dangerous carcinogen to human | 8 | | beings and a hazard to public health. Secondhand tobacco smoke | 9 | | causes at least 65,000 deaths each year from heart disease and | 10 | | lung cancer according to the National Cancer Institute. | 11 | | Secondhand tobacco smoke causes heart disease, stroke, cancer, | 12 | | sudden infant death syndrome, low birth weight in infants, | 13 | | asthma and the exacerbation of asthma, bronchitis, and | 14 | | pneumonia in children and adults. Secondhand tobacco smoke is | 15 | | the third leading cause of preventable death in the United | 16 | | States. Illinois workers exposed to secondhand tobacco smoke | 17 | | are at an increased risk of premature death. An estimated 2,900 | 18 | | Illinois citizens die each year from exposure to secondhand | 19 | | tobacco smoke. | 20 | | The General Assembly also finds that the United States | 21 | | Surgeon General's 2006 report has determined that there is no | 22 | | risk-free level of exposure to secondhand smoke; the scientific | 23 | | evidence that secondhand smoke causes serious diseases, |
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| 1 | | including lung cancer, heart disease, and respiratory | 2 | | illnesses such as bronchitis and asthma, is massive and | 3 | | conclusive; separating smokers from nonsmokers, cleaning the | 4 | | air, and ventilating buildings cannot eliminate secondhand | 5 | | smoke exposure; smoke-free policies are effective in reducing | 6 | | secondhand smoke exposure. | 7 | | The General Assembly also finds that a law that prohibits | 8 | | smoking on the campuses of State-supported institutions of | 9 | | higher education will reduce secondhand smoke exposure among | 10 | | nonsmokers as well as prepare students for the workplace and | 11 | | ensure a healthy environment for all campus communities. | 12 | | Section 10. Definitions. In this Act: | 13 | | "Campus" means all property, including buildings, grounds, | 14 | | parking lots, and vehicles that are owned or operated by a | 15 | | State-supported institution of higher education, but does not | 16 | | include enclosed laboratories, not open to the public, in an | 17 | | accredited university or government facility where the | 18 | | activity of smoking is exclusively conducted for the purpose of | 19 | | medical or scientific, health-related research. | 20 | | "Employee" means an individual who is employed by a | 21 | | State-supported institution of higher education in | 22 | | consideration for direct or indirect monetary wages or profit. | 23 | | "Governing authority" means the administrative branch of | 24 | | the State-supported institution of higher education. | 25 | | "Guest" means a visitor to the campus of a State-supported |
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| 1 | | institution of higher education. | 2 | | "Smoke" or "smoking" means the carrying, smoking, burning, | 3 | | inhaling, or exhaling of any kind of lighted pipe, cigar, | 4 | | cigarette, hookah, weed, herbs, or other lighted smoking | 5 | | equipment. "Smoke" or "smoking" also includes products | 6 | | containing or delivering nicotine intended or expected for | 7 | | human consumption, or any part of such a product, that is not a | 8 | | tobacco product as defined by Section 321(rr) of Title 21 of | 9 | | the United States Code, unless it has been approved or | 10 | | otherwise certified for legal sale by the United States Food | 11 | | and Drug Administration for tobacco use cessation, harm | 12 | | reduction, or for other medical purposes and is being marketed | 13 | | and sold solely for that approved purpose. "Smoke" or "smoking" | 14 | | does not include smoking that is associated with a native | 15 | | recognized religious ceremony, ritual, or activity by American | 16 | | Indians that is in accordance with the federal American Indian | 17 | | Religious Freedom Act, Sections 1996 and 1996a of Title 42 of | 18 | | the United States Code. | 19 | | "Student" means an individual enrolled in a credit or | 20 | | noncredit course at a State-supported institution of higher | 21 | | education. | 22 | | "State-supported institution of higher education" means | 23 | | the University of Illinois, Southern Illinois University, | 24 | | Chicago State University, Eastern Illinois University, | 25 | | Governors State University, Illinois State University, | 26 | | Northeastern Illinois University, Northern Illinois |
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| 1 | | University, Western Illinois University, and the public | 2 | | community colleges subject to the Public Community College Act. | 3 | | Section 15. Prohibitions on smoking.
| 4 | | (a) Beginning on July 1, 2014, smoking is prohibited on | 5 | | each campus of a State-supported institution of higher | 6 | | education. The prohibition set forth in this subsection (a) | 7 | | shall not apply to any instance in which an individual is | 8 | | traveling through or parked on a campus in a vehicle that is | 9 | | not owned by a State-supported institution of higher education. | 10 | | (b) An individual or campus subject to the smoking | 11 | | prohibitions of this Act may not discriminate or retaliate in | 12 | | any manner against a person for making a complaint of a | 13 | | violation of this Act or furnishing information concerning a | 14 | | violation to a person, campus, or governing authority. | 15 | | (c) The prohibitions on smoking in this Act must be | 16 | | communicated to all students and employees of State-supported | 17 | | institutions of higher education on or before May 1, 2014 and | 18 | | to each guest of a State-supported institution of higher | 19 | | education upon request. | 20 | | Section 20. Smoke-free campus task force.
On or before | 21 | | December 31, 2013, each State-supported institution of higher | 22 | | education shall establish a community task force for the | 23 | | purpose of coordinating with community and campus leaders for | 24 | | the implementation of this Act. |
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| 1 | | The governing board of each State-supported institution of | 2 | | higher education shall coordinate with its respective | 3 | | community task force to implement a public education and notice | 4 | | program regarding this Act. As part of the notice to students, | 5 | | employees, and the public, "No Smoking" signs or the | 6 | | international "No Smoking" symbol (consisting of a pictorial | 7 | | representation of a burning cigarette enclosed in a red circle | 8 | | with a red bar across it) may be clearly and conspicuously | 9 | | posted on each campus where smoking is prohibited by this Act. | 10 | | Section 25. Penalties and rules.
The governing board of | 11 | | each State-supported institution of higher education shall | 12 | | implement this Act and shall promulgate all policies and | 13 | | regulations necessary for this purpose, including, but not | 14 | | limited to, disciplinary action, fines, and an appeals process. | 15 | | Any State-supported institution of higher education may | 16 | | regulate smoking in public places, but that regulation must be | 17 | | no less restrictive than this Act.
| 18 | | Section 99. Effective date. This Act takes effect upon | 19 | | becoming law.
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