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| 1 | AN ACT concerning regulation.
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| 2 | Be it enacted by the People of the State of Illinois,
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| 3 | represented in the General Assembly:
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| 4 | Section 5. The Child Care Act of 1969 is amended by | ||||||
| 5 | changing Section 5.5 as follows:
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| 6 | (225 ILCS 10/5.5)
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| 7 | Sec. 5.5. Smoking in day care facilities.
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| 8 | (a) The General Assembly finds and declares that:
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| 9 | (1) The U.S. government has determined that secondhand | ||||||
| 10 | tobacco smoke is a
major threat to public health for which | ||||||
| 11 | there is no safe level of exposure.
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| 12 | (2) The U.S. Environmental Protection Agency recently | ||||||
| 13 | classified
secondhand tobacco smoke a Class A carcinogen, | ||||||
| 14 | ranking it with substances such
as asbestos and benzene.
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| 15 | (3) According to U.S. government figures, secondhand | ||||||
| 16 | tobacco smoke is
linked to the lung-cancer deaths of an | ||||||
| 17 | estimated 3,000 nonsmokers per year.
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| 18 | (4) Cigarette smoke is a special risk to children, | ||||||
| 19 | causing between 150,000
and 300,000 respiratory infections | ||||||
| 20 | each year in children under 18 months old,
and endangering | ||||||
| 21 | between 200,000 and one million children with asthma.
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| 22 | (5) The health of the children of this State should not | ||||||
| 23 | be
compromised by needless exposure to secondhand tobacco | ||||||
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| 1 | smoke.
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| 2 | (b) It Beginning January 1, 1994, it is a violation of this | ||||||
| 3 | Act for any
person, on any day when the center is in operation, | ||||||
| 4 | to smoke tobacco in any
area of a day care center in which | ||||||
| 5 | children are allowed, regardless of
whether or not any children | ||||||
| 6 | are present at that moment.
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| 7 | (c) It Beginning January 1, 1994, it is a violation of this | ||||||
| 8 | Act for any person
to smoke tobacco in any area of a day care | ||||||
| 9 | home or group day care home in which
day care services are | ||||||
| 10 | being provided to children, while those children are
present. | ||||||
| 11 | This subsection does not prohibit smoking in the home in the | ||||||
| 12 | presence
of a person's own children or of children to whom day | ||||||
| 13 | care services are not
then being provided.
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| 14 | (d) It is a violation of this Act for any person | ||||||
| 15 | responsible for the
operation of a day care center, day care | ||||||
| 16 | home, or group day care home to
knowingly allow or encourage | ||||||
| 17 | any violation of subsection (b) or (c) of this
Section.
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| 18 | (Source: P.A. 88-95.)
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| 19 | Section 99. Effective date. This Act takes effect upon | ||||||
| 20 | becoming law.
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