Tobacco Documents Online

XEROX TELECOPiER 295 : 11- 1-99; 2:35 PM; 217 544 0874 a 6360907 ;.1~ 1 IL •70EAi'~p * CAND~r E~;: TEL Nu.21T-E44-ir,~'4 No,- . 1=~? 14:3-~ F,r,1~ LRB8600554GLcdccrl 1 86TH GENERAL ASSEMBLY 5 2 CONFERENCE COMMITTEE REPORT 7 3 ON HOUSE BILL 1695 9 4 ------------------------------------------------------------- 11 5 ------------------------------------------------------------- 12 6 To the President of the Senate and the Speaker of the 21 7 House of Representatives: 8 we, the conference committee appointed to consider the 24 9 differences between the houses in relation to Senate 25 10 Amendments 1 and 2 to House Bill 1695, recommend the 11 following as the action to be taken by tr,e Senate and the 26 12 House of Representatives, respectively that: 27 13 1. The Senate recede from Senate Amendments 1 and 2; and 29 14 2. The bill be amended as follows: 31 15 by deleting the title and inserti ng in lieu thereof the 33 16 following: 17 "AN ACT to restrict smoking i n public places and 35 18 providing penalties for violations thereof."; and 36 19 by deleting everything after the enacting clause and 38 20 inserting in lieu thereof the followin gs 39 21 "Section 1. This Act shall be known and may be cited as 41 22 the "Illinois Clean Indoor Air Act". 42 23 Section 2. The General Assembly finds that tobacco smoke 44 24 is annoying, harmful and dangerous to human beings and a ;t) 25 hazard to public health. 26 Section 3. For the purposes of this Act, the following 4i ~ 27 terms have the meanings ascribed to them in this Section 48 ~ N O 28 unless different meanings are plainly indicated by the 49 N O 29 t t U ~ 30 con ex : (a) "Department" means the Department of Public Health. 51 0" 31 (b) "Proprietor" means any individual or his designated 53 h.. F' 32 agent who by virtue of his office, position, authority or 54 7

LRB8600554GLcdccrl 1 86TH GENERAL ASSEMBLY 5 XEROX TELECOPIER 295 : 11- 1-89: 2:30 PM; 217 544 0874 a 6360907 : 0 1 IL2TOBRCr_0 + r_qNUY UIS TELCWEI~Eh6;F,r .Q4MI~TTEE REP 7 4F,. 1,89 14:29 F.0l n.. vnncc nrr r i coa Q -2- LRB8600554GLcdccrl 1 duties has legal or administrative responsibility for the use 55 2 or operation of property. 3 (c) "Public Place" means any enclosed indoor area used 57 4 by the public or serving as a place of work incluaing, but 58 5 not limited to, hospitals, restaurants, retail stores, 59 6 offices, commercial establishments, elevators, indoor 60 7 theaters, libraries, art museums, concert halls, public 61 8 conveyances, educational facilities, nursing homes, 62 9 auditoriums, arenas and meeting rooms, but excluding bowling 63 10 establishments and excluding places whose primary bubiness is 64 11 the sale of alcoholic beverages for consumption on the 65 12 premises and excluding rooms rented for the purpose of living 13 quarters or sleeping or housekeeping accommodations from a 66 14 hotel, as defined in The Hotel Operators' Occupation Tax Act 67 15 and private, enclosed offices occupied exclusively by smokers 69 16 even though such offices may be visited by nonsmokers. 70 17 (d) "Smoking" means the act of inhaling the smoke from 72 18 or possessing a lighted cigarette, cigar, pipe or any other 73 19 form of tobacco or similar substance used for smoking. 74 20 (e) "State agency" has the meaning ascribed to it in 76 21 subsection (a) of Section 3 of The Illinois Purchasing Act. 77 22 (f) "Unit of local government" has the meaning ascribed 79 23 to it in Section 1 of Article VII of the Illinois 80 24 Constitution of 1970. 25 Section 4. No person shall smoke in a public place 82 26 except in that portion of a public place which may be 83 27 established and posted under Section 5 as a smoking area. 84 28 This prohibition does not apply in cases in which an entire 85 29 room or hall is used for a private social function and 86 30 seating arrangements are under the control of the sponsor of 31 the function and not of the proprietor or person in charge of 87 32 the place. Furthermore, this prohibition shall not apply to 88 33 factories, warehouses and similar places of work not usually 89 34 frequented by the general public. 35 Section 5. The elected and appointed officials of the 91

-3- LRB8600550GLcdccrl 1 State of Illinois and of any unit of local government and of 92 2 any school district, or their designee, having control over 93 3 property of the State or of a unit of local government or of 94 4 a school district whieh includes a public place, and the 96 5 proprietor of a structure which includes a public place may 97 6 establish an area on the premises as a smoking area where 99 7 smoking shall be permitted, unless otherwise prohibited by 8 law or ordinance. When establishing an area as a smoking 100 9 area, a person establishing such area shall utilize existing 101 10 physical barriers, ventilation systems, and other physical 102 11 elements of the premises to minimize the intrusion of smoke 103 12 into areas where smoking is not permitted. When a public 104 13 place is a single room or enclosure, a person establishing 105 14 such area may satisfy the purposes and provisions of this Act 106 15 by establishing a reasonable portion of the room or enclosure 107 16 as a smoking area. 17 Section 6. The State or unit of local government or 109 18 school district official or their designee or a proprietor 110 19 and his agents in control of a place which includes a public 111 20 place shall make reasonable efforts to prevent smoking in the 21 public place outside established smoking areas by posting 112 22 appropriate signs or contacting a law enforcement officer, or 114 23 other appropriate means. 24 Section 7. A person, corporation, partnership, 116 25 association or other entity, who violates £-ction 4 of this 117 26 Act is guilty of a petty offense. 119 27 Section B. The Department, a local board of health, or 121 28 any individual personally affected by repeated violations may 122 29 institute, in a Circuit Court, an action to enjoin violations 124 30 of this Act. 31 Section 9. No individual may be discriminated against in 126 32 any manner because of the exercise of any rights afforded by 127 33 this Act. 34 Section 10. If any provision, clause or paragraph of 129 35 this Act shall be held invalid by a court of competent 130 TIILBC 020267 ,

'COPIER 295 ; 11- 1-89; 2:32 PM; 217 544 0874 i 6360907 ; f 3 +DIc TEL No.217-544-0£-4 Nov. 1,89 14:31 F.03 -4- LRB8600554GLcdccrl 1 juriadiction, such validity shall not affect the other 1 2 provisions of this Act. 3 Section 11. A home rule or non-home rule unit of local 1 4 government in this State shall not have the power and 1 5 authority, after the effective date of this Act, to regulate 1. 6 smoking in public places. Pursuant to Article VII, Section 1: 7 6, paragraph (h) of the Illinois Constitution of 1970, it is 8 declared to be the law of this State that the regulation of 1 9 smoking as provided by this Act is a power which pre-empts I 10 home rule units from exercising such power subject to the 1• 11 limitations provided in the Act, provided that any home rule 14: 12 unit that has passed an ordinance concerning the regulation 141 13 of smoking prior to October 1, 1989 is exempt from 14 pre-emption.". 15 Submitted on , 1989. 147 16 151 17 Senator Representative 152 18 154 19 Senator T Representative 155 20 157 21 Senator epresentative 158 22 160 23 Senator epresentative 161 24 163 25 Senator epresenta ive 164 26 Committee for the Senate Committee for the ilouse 172 TIILBC 020268