2005 Illinois Code - Chapter 410 Public Health 410 ILCS 80/ Illinois Clean Indoor Air Act.
(410 ILCS 80/1) (from Ch. 111 1/2, par. 8201)
Sec. 1.
This Act shall be known and may be cited as the "Illinois
Clean Indoor Air Act".
(Source: P.A. 86‑1018.)
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(410 ILCS 80/2)(from Ch. 111 1/2, par. 8202)
Sec. 2. The General Assembly finds that tobacco smoke is
harmful and dangerous to human beings and a hazard to public health. Secondhand tobacco smoke causes at least 65,000 deaths each year from heart disease and lung cancer according to the National Cancer Institute. Secondhand tobacco smoke causes sudden infant death syndrome, low‑birth‑weight in infants, asthma and exacerbation of asthma, bronchitis and pneumonia in children and adults. Secondhand tobacco smoke is the third leading cause of preventable death in the United States. Illinois workers exposed to secondhand tobacco smoke are at increased risk of premature death. An estimated 1,570 Illinois citizens die each year from exposure to secondhand tobacco smoke.
(Source: P.A. 94‑517, eff. 1‑1‑06.)
(410 ILCS 80/3) (from Ch. 111 1/2, par. 8203)
Sec. 3.
For the purposes of this Act, the following terms have the
meanings ascribed to them in this Section unless different meanings are
plainly indicated by the context:
(a) "Department" means the Department of Public Health.
(b) "Proprietor" means any individual or his designated agent who by
virtue of his office, position, authority, or duties has legal or
administrative responsibility for the use or operation of property.
(c) "Public Place" means any enclosed indoor area used by the
public or serving as a place of work including, but not limited to,
hospitals, restaurants, retail stores, offices, commercial establishments,
elevators, indoor theaters, libraries, art museums, concert halls, public
conveyances, educational facilities, nursing homes, auditoriums, arenas,
and meeting rooms, but excluding bowling establishments and excluding places
whose primary business is the sale of alcoholic beverages for consumption
on the premises and excluding rooms rented for the purpose of living
quarters or sleeping or housekeeping accommodations from a hotel, as
defined in the Hotel Operators' Occupation Tax Act, and private, enclosed
offices occupied exclusively by smokers, even though such offices may be
visited by nonsmokers.
(d) "Smoking" means the act of inhaling the smoke from or possessing a
lighted cigarette, cigar, pipe, or any other form of tobacco or similar
substance used for smoking.
(e) "State agency" has the meaning formerly ascribed to it in subsection
(a) of Section 3 of the Illinois Purchasing Act (now repealed).
(f) "Unit of local government" has the meaning ascribed to it in Section
1 of Article VII of the Illinois Constitution of 1970.
(Source: P.A. 92‑651, eff. 7‑11‑02.)
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(410 ILCS 80/4) (from Ch. 111 1/2, par. 8204)
Sec. 4.
No person shall smoke in a public place except in
that portion of a public place which may be established and
posted under Section 5 as a smoking area. This prohibition
does not apply in cases in which an entire room or hall is
used for a private social function and seating arrangements
are under the control of the sponsor of the function and not
of the proprietor or person in charge of the place. Furthermore,
this prohibition shall not apply to factories, warehouses and
similar places of work not usually frequented by the general public.
(Source: P.A. 86‑1018.)
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(410 ILCS 80/4.5) Sec. 4.5. Smoking prohibited in student dormitories. (a) Notwithstanding any other provision of this Act, smoking is prohibited in any portion of the living quarters, including, but not limited to, sleeping rooms, dining areas, restrooms, laundry areas, lobbies, and hallways, of a building used in whole or in part as a student dormitory that is owned and operated or otherwise utilized by a public or private institution of higher education. (b) This Section does not apply to any commercial area within the building.
(Source: P.A. 94‑770, eff. 5‑15‑06.)
(410 ILCS 80/5) (from Ch. 111 1/2, par. 8205)
Sec. 5.
The elected and appointed officials of the State of Illinois
and of any unit of local government and of any school district, or their
designee, having control over property of the State or of a unit of local
government or of a school district which includes a public place, and the
proprietor of a structure which includes a public place may establish an
area on the premises as a smoking area where smoking shall be permitted,
unless otherwise prohibited by law or ordinance. When establishing an area
as a smoking area, a person establishing such area shall utilize existing
physical barriers, ventilation systems, and other physical elements of the
premises to minimize the intrusion of smoke into areas where smoking is not
permitted. When a public place is a single room or enclosure, a person
establishing such area may satisfy the purposes and provisions of this Act
by establishing a reasonable portion of the room or enclosure as a smoking area.
(Source: P.A. 86‑1018.)
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(410 ILCS 80/6) (from Ch. 111 1/2, par. 8206)
Sec. 6.
The State or unit of local government or school district
official or their designee or a proprietor and his agents in control of a
place which includes a public place shall make reasonable efforts to
prevent smoking in the public place outside established smoking areas by
posting appropriate signs or contacting a law enforcement officer, or other
appropriate means.
(Source: P.A. 86‑1018.)
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(410 ILCS 80/7) (from Ch. 111 1/2, par. 8207)
Sec. 7.
A person, corporation, partnership, association or other
entity, who violates Section 4 of this Act is guilty of a petty offense.
(Source: P.A. 86‑1018.)
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(410 ILCS 80/8) (from Ch. 111 1/2, par. 8208)
Sec. 8.
The Department, a local board of health, or any individual
personally affected by repeated violations may institute, in a circuit court,
an action to enjoin violations of this Act.
(Source: P.A. 86‑1018.)
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(410 ILCS 80/9) (from Ch. 111 1/2, par. 8209)
Sec. 9.
No individual may be discriminated against in any manner
because of the exercise of any rights afforded by this Act.
(Source: P.A. 86‑1018.)
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(410 ILCS 80/10) (from Ch. 111 1/2, par. 8210)
Sec. 10.
If any provision, clause or paragraph of this Act shall be
held invalid by a court of competent jurisdiction, such validity shall not
affect the other provisions of this Act.
(Source: P.A. 86‑1018.)
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(410 ILCS 80/11)
(from Ch. 111 1/2, par. 8211)
Sec. 11. Home rule and other local regulation.
(a) Except as provided in subsection (b), any home rule
unit
of local government, any non‑home rule municipality, or any non‑home rule county within the unincorporated territory of the county
may regulate smoking in public places, but that regulation
must be no less restrictive than this Act. This subsection (a)
is a limitation on the concurrent exercise of home rule power under subsection
(i) of Section 6 of Article VII of the Illinois Constitution.
(b) Any
home rule unit that has passed an ordinance concerning the regulation of
smoking prior to October 1, 1989 is exempt from the requirements of
subsection
(a).
(c) In addition to any regulation authorized under subsection (a) or (b) or authorized under home rule powers, any home rule unit of local government, any non‑home rule municipality, or any non‑home rule county within the unincorporated territory of the county may regulate smoking in any enclosed indoor area used by the public or serving as a place of work if the area does not fall within the definition of a "public place" under this Act.
(Source: P.A. 94‑517, eff. 1‑1‑06; 94‑917, eff. 6‑26‑06.)
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