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90_SB0774
225 ILCS 10/5.5
225 ILCS 10/18 from Ch. 23, par. 2228
Amends the Child Care Act of 1969. Makes it a violation
of the Act for a person to smoke tobacco in any area of a day
care center, regardless of whether children are present (now
it is a violation of the Act for a person to smoke tobacco in
any area of a day care center in which children are allowed
on a day when the center is in operation, regardless of
whether children are present). Makes violation a business
offense subject to a fine of $1,000. Makes it a business
offense to smoke tobacco anywhere in a day care home or group
day care home when children are present at the day care home
or group day care home. Effective immediately.
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1 AN ACT to amend the Child Care Act of 1969 by changing
2 Sections 5.5 and 18.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Child Care Act of 1969 is amended by
6 changing Sections 5.5 and 18 as follows:
7 (225 ILCS 10/5.5)
8 Sec. 5.5. Smoking in day care facilities.
9 (a) The General Assembly finds and declares that:
10 (1) The U.S. government has determined that
11 secondhand tobacco smoke is a major threat to public
12 health for which there is no safe level of exposure.
13 (2) The U.S. Environmental Protection Agency
14 recently classified secondhand tobacco smoke a Class A
15 carcinogen, ranking it with substances such as asbestos
16 and benzene.
17 (3) According to U.S. government figures,
18 secondhand tobacco smoke is linked to the lung-cancer
19 deaths of an estimated 3,000 nonsmokers per year.
20 (4) Cigarette smoke is a special risk to children,
21 causing between 150,000 and 300,000 respiratory
22 infections each year in children under 18 months old, and
23 endangering between 200,000 and one million children with
24 asthma.
25 (5) The health of the children of this State should
26 not be compromised by needless exposure to secondhand
27 tobacco smoke.
28 (b) Beginning January 1, 1994, It is a violation of this
29 Act for any person, on any day when the center is in
30 operation, to smoke tobacco in any area of a day care center
31 in which children are allowed, regardless of whether or not
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1 any children are present at that moment. A person who
2 violates this subsection (b) is guilty of a business offense
3 punishable by a fine of $1,000.
4 (c) Beginning January 1, 1994, It is a violation of this
5 Act for any person to smoke tobacco in any area of a day care
6 home or group day care home in which day care services are
7 being provided to children, while those children are present.
8 This subsection does not prohibit smoking in the home in the
9 presence of a person's own children or of children to whom
10 day care services are not then being provided. A person who
11 violates this subsection (c) is guilty of a business offense
12 punishable by a fine of $1,000.
13 (d) It is a violation of this Act for any person
14 responsible for the operation of a day care center, day care
15 home, or group day care home to knowingly allow or encourage
16 any violation of subsection (b) or (c) of this Section.
17 (Source: P.A. 88-95.)
18 (225 ILCS 10/18) (from Ch. 23, par. 2228)
19 Sec. 18. (a) Except as provided in Section 5.5, a Any
20 person, group of persons, association or corporation who
21 (1) conducts, operates or acts as a child care facility
22 without a license or permit to do so in violation of Section
23 3 of this Act;
24 (2) makes materially false statements in order to obtain
25 a license or permit;
26 (3) fails to keep the records and make the reports
27 provided under this Act;
28 (4) advertises any service not authorized by license or
29 permit held;
30 (5) publishes any advertisement in violation of this
31 Act;
32 (6) receives within this State any child in violation of
33 Section 16 of this Act; or
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1 (7) violates any other provision of this Act or any
2 reasonable rule or regulation adopted and published by the
3 Department for the enforcement of the provisions of this Act,
4 is guilty of a Class A misdemeanor and in case of an
5 association or corporation, imprisonment may be imposed upon
6 its officers who knowingly participated in the violation.
7 Any child care facility that continues to operate after
8 its license is revoked under Section 8 of this Act or after
9 its license expires and the Department refused to renew the
10 license as provided in Section 8 of this Act is guilty of a
11 business offense and shall be fined an amount in excess of
12 $500 but not exceeding $10,000, and each day of violation is
13 a separate offense.
14 In a prosecution under this Act, a defendant who relies
15 upon the relationship of any child to himself has the burden
16 of proof as to that relationship.
17 (b) A person who violates Section 5.5 of this Act shall
18 be punished as provided in that Section.
19 (Source: P.A. 83-1362.)
20 Section 99. Effective date. This Act takes effect upon
21 becoming law.