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| Public Act 098-0985 | ||||
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AN ACT concerning higher education.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 1. Short title. This Act may be cited as the | ||||
Smoke-Free Campus Act. | ||||
Section 5. Findings. The General Assembly finds that | ||||
tobacco smoke is a harmful and dangerous carcinogen 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 heart disease, stroke, cancer, | ||||
sudden infant death syndrome, low birth weight in infants, | ||||
asthma and the 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 an increased risk of premature death. An estimated 2,900 | ||||
Illinois citizens die each year from exposure to secondhand | ||||
tobacco smoke. | ||||
The General Assembly also finds that the United States | ||||
Surgeon General's 2006 report has determined that there is no | ||||
risk-free level of exposure to secondhand smoke; the scientific | ||||
evidence that secondhand smoke causes serious diseases, | ||||
including lung cancer, heart disease, and respiratory | ||
illnesses such as bronchitis and asthma, is massive and | ||
conclusive; separating smokers from nonsmokers, cleaning the | ||
air, and ventilating buildings cannot eliminate secondhand | ||
smoke exposure; smoke-free policies are effective in reducing | ||
secondhand smoke exposure. | ||
The General Assembly also finds that a law that prohibits | ||
smoking on the campuses of State-supported institutions of | ||
higher education will reduce secondhand smoke exposure among | ||
nonsmokers as well as prepare students for the workplace and | ||
ensure a healthy environment for all campus communities. | ||
Section 10. Definitions. In this Act: | ||
"Campus" means all property, including buildings, grounds, | ||
parking lots, and vehicles that are owned or operated by a | ||
State-supported institution of higher education, but does not | ||
include property covered under the Smoke Free Illinois Act, or | ||
enclosed laboratories, not open to the public, in an accredited | ||
university or government facility where the activity of smoking | ||
is exclusively conducted for the purpose of medical or | ||
scientific, health-related research. | ||
"Employee" means an individual who is employed by a | ||
State-supported institution of higher education in | ||
consideration for direct or indirect monetary wages or profit. | ||
"Governing authority" means the administrative branch of | ||
the State-supported institution of higher education. | ||
"Guest" means a visitor to the campus of a State-supported | ||
institution of higher education. | ||
"Smoke" or "smoking" means the carrying, smoking, burning, | ||
inhaling, or exhaling of any kind of lighted pipe, cigar, | ||
cigarette, hookah, weed, herbs, or other lighted smoking | ||
equipment. "Smoke" or "smoking" also includes products | ||
containing or delivering nicotine intended or expected for | ||
human consumption, or any part of such a product, that is not a | ||
tobacco product as defined by Section 321(rr) of Title 21 of | ||
the United States Code, unless it has been approved or | ||
otherwise certified for legal sale by the United States Food | ||
and Drug Administration for tobacco use cessation or other | ||
medical purposes and is being marketed and sold solely for that | ||
approved purpose. "Smoke" or "smoking" does not include smoking | ||
that is associated with a native recognized religious ceremony, | ||
ritual, or activity by American Indians that is in accordance | ||
with the federal American Indian Religious Freedom Act, | ||
Sections 1996 and 1996a of Title 42 of the United States Code. | ||
"Student" means an individual enrolled in a credit or | ||
noncredit course at a State-supported institution of higher | ||
education. | ||
"State-supported institution of higher education" means | ||
the University of Illinois, Southern Illinois University, | ||
Chicago State University, Eastern Illinois University, | ||
Governors State University, Illinois State University, | ||
Northeastern Illinois University, Northern Illinois | ||
University, Western Illinois University, and the public | ||
community colleges subject to the Public Community College Act. | ||
Section 15. Prohibitions on smoking.
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(a) Beginning on July 1, 2015, smoking is prohibited on | ||
each campus of a State-supported institution of higher | ||
education. The prohibition set forth in this subsection (a) | ||
shall not apply to any instance in which an individual is | ||
traveling through a campus in a vehicle that is not owned by a | ||
State-supported institution of higher education. | ||
(b) An individual or campus subject to the smoking | ||
prohibitions of this Act may not discriminate or retaliate in | ||
any manner against a person for making a complaint of a | ||
violation of this Act or furnishing information concerning a | ||
violation to a person, campus, or governing authority. | ||
(c) The prohibitions on smoking in this Act must be | ||
communicated to all students and employees of State-supported | ||
institutions of higher education on or before May 1, 2015 and | ||
to each guest of a State-supported institution of higher | ||
education upon request. | ||
(d) Each State-supported institution of higher education | ||
shall create and post on its Internet website a smoke-free | ||
campus map indicating the locations where smoking is prohibited | ||
under this Act. | ||
Section 20. Smoke-free campus task force.
On or before | ||
December 31, 2014, each State-supported institution of higher | ||
education shall establish a community task force for the | ||
purpose of coordinating with community and campus leaders for | ||
the implementation of this Act. | ||
The governing board of each State-supported institution of | ||
higher education shall coordinate with its respective | ||
community task force to implement a public education and notice | ||
program regarding this Act. As part of the notice to students, | ||
employees, and the public, "No Smoking" signs or the | ||
international "No Smoking" symbol (consisting of a pictorial | ||
representation of a burning cigarette enclosed in a red circle | ||
with a red bar across it) may be clearly and conspicuously | ||
posted on each campus where smoking is prohibited by this Act. | ||
Section 25. Penalties and rules.
The governing board of | ||
each State-supported institution of higher education shall | ||
implement this Act and shall promulgate all policies and | ||
regulations necessary for this purpose, including, but not | ||
limited to, disciplinary action, fines, and an appeals process. | ||
Section 30. Conflict.
In case of conflict with provisions | ||
of the Smoke Free Illinois Act, the provisions of the Smoke | ||
Free Illinois Act shall control.
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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