SB 53

Abstract

Amends the Smoke Free Illinois Act. Defines "permeable" to mean permitting smoke to pass through. Provides that an owner shall reasonably assure that smoking is prohibited in enclosed (rather than indoor) public places and workplaces unless specifically exempted. Provides that smoking is allowed on an outdoor patio controlled by the proprietor of a place of employment or public space that is designated by the proprietor as an area where smoking is permitted, if the area is 15 feet or more from entrances, exits, windows that open, and ventilation intakes that serve an enclosed area where smoking is prohibited. Provides that the outdoor patio shall have at least one side that contains a majority of open space or permeable material, unless the outdoor patio has either no overhead covering or an overhead covering that consists of permeable material or a combination of open space and permeable material. Provides that an area where smoking is permitted on a rooftop must satisfy the requirements for an outdoor patio. Provides that an outdoor patio where smoking is permitted shall be situated so that patrons of the indoor public place or indoor place of employment need not enter an outdoor patio area where smoking is permitted in order to gain access to the indoor area. Provides that nothing in the new provisions shall limit the authority to designate all or part of an outdoor patio as a non-smoking area. Provides that an employee shall not be required, as a condition of employment, to enter an outdoor patio where smoking is permitted. Provides that the Department of Public Health shall adopt rules necessary for the administration of the new provisions within 12 months after the effective date of the amendatory Act.