Rep. Ann M. Williams

Filed: 11/11/2019





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2    AMENDMENT NO. ______. Amend Senate Bill 1864 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Smoke Free Illinois Act is amended by
5changing Section 10 as follows:
6    (410 ILCS 82/10)
7    Sec. 10. Definitions. In this Act:
8    "Bar" means an establishment that is devoted to the serving
9of alcoholic beverages for consumption by guests on the
10premises and that derives no more than 10% of its gross revenue
11from the sale of food consumed on the premises. "Bar" includes,
12but is not limited to, taverns, nightclubs, cocktail lounges,
13adult entertainment facilities, and cabarets.
14    "Department" means the Department of Public Health.
15    "Electronic cigarette" has the same meaning as provided in
16subsection (a-9) of Section 1 of the Prevention of Tobacco Use



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1by Persons under 21 Years of Age and Sale and Distribution of
2Tobacco Products Act.
3    "Employee" means a person who is employed by an employer in
4consideration for direct or indirect monetary wages or profits
5or a person who volunteers his or her services for a non-profit
7    "Employer" means a person, business, partnership,
8association, or corporation, including a municipal
9corporation, trust, or non-profit entity, that employs the
10services of one or more individual persons.
11    "Enclosed area" means all space between a floor and a
12ceiling that is enclosed or partially enclosed with (i) solid
13walls or windows, exclusive of doorways, or (ii) solid walls
14with partitions and no windows, exclusive of doorways, that
15extend from the floor to the ceiling, including, without
16limitation, lobbies and corridors.
17    "Enclosed or partially enclosed sports arena" means any
18sports pavilion, stadium, gymnasium, health spa, boxing arena,
19swimming pool, roller rink, ice rink, bowling alley, or other
20similar place where members of the general public assemble to
21engage in physical exercise or participate in athletic
22competitions or recreational activities or to witness sports,
23cultural, recreational, or other events.
24    "Gaming equipment or supplies" means gaming
25equipment/supplies as defined in the Illinois Gaming Board
26Rules of the Illinois Administrative Code.



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1    "Gaming facility" means an establishment utilized
2primarily for the purposes of gaming and where gaming equipment
3or supplies are operated for the purposes of accruing business
5    "Healthcare facility" means an office or institution
6providing care or treatment of diseases, whether physical,
7mental, or emotional, or other medical, physiological, or
8psychological conditions, including, but not limited to,
9hospitals, rehabilitation hospitals, weight control clinics,
10nursing homes, homes for the aging or chronically ill,
11laboratories, and offices of surgeons, chiropractors, physical
12therapists, physicians, dentists, and all specialists within
13these professions. "Healthcare facility" includes all waiting
14rooms, hallways, private rooms, semiprivate rooms, and wards
15within healthcare facilities.
16    "Place of employment" means any area under the control of a
17public or private employer that employees are required to
18enter, leave, or pass through during the course of employment,
19including, but not limited to entrances and exits to places of
20employment, including a minimum distance, as set forth in
21Section 70 of this Act, of 15 feet from entrances, exits,
22windows that open, and ventilation intakes that serve an
23enclosed area where smoking is prohibited; offices and work
24areas; restrooms; conference and classrooms; break rooms and
25cafeterias; and other common areas. A private residence or
26home-based business, unless used to provide licensed child



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1care, foster care, adult care, or other similar social service
2care on the premises, is not a "place of employment", nor are
3enclosed laboratories, not open to the public, in an accredited
4university or government facility where the activity of smoking
5is exclusively conducted for the purpose of medical or
6scientific health-related research. Rulemaking authority to
7implement this amendatory Act of the 95th General Assembly, if
8any, is conditioned on the rules being adopted in accordance
9with all provisions of the Illinois Administrative Procedure
10Act and all rules and procedures of the Joint Committee on
11Administrative Rules; any purported rule not so adopted, for
12whatever reason, is unauthorized.
13    "Private club" means a not-for-profit association that (1)
14has been in active and continuous existence for at least 3
15years prior to the effective date of this amendatory Act of the
1695th General Assembly, whether incorporated or not, (2) is the
17owner, lessee, or occupant of a building or portion thereof
18used exclusively for club purposes at all times, (3) is
19operated solely for a recreational, fraternal, social,
20patriotic, political, benevolent, or athletic purpose, but not
21for pecuniary gain, and (4) only sells alcoholic beverages
22incidental to its operation. For purposes of this definition,
23"private club" means an organization that is managed by a board
24of directors, executive committee, or similar body chosen by
25the members at an annual meeting, has established bylaws, a
26constitution, or both to govern its activities, and has been



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1granted an exemption from the payment of federal income tax as
2a club under 26 U.S.C. 501.
3    "Private residence" means the part of a structure used as a
4dwelling, including, without limitation: a private home,
5townhouse, condominium, apartment, mobile home, vacation home,
6cabin, or cottage. For the purposes of this definition, a
7hotel, motel, inn, resort, lodge, bed and breakfast or other
8similar public accommodation, hospital, nursing home, or
9assisted living facility shall not be considered a private
11    "Public place" means that portion of any building or
12vehicle used by and open to the public, regardless of whether
13the building or vehicle is owned in whole or in part by private
14persons or entities, the State of Illinois, or any other public
15entity and regardless of whether a fee is charged for
16admission, including a minimum distance, as set forth in
17Section 70 of this Act, of 15 feet from entrances, exits,
18windows that open, and ventilation intakes that serve an
19enclosed area where smoking is prohibited. A "public place"
20does not include a private residence unless the private
21residence is used to provide licensed child care, foster care,
22or other similar social service care on the premises. A "public
23place" includes, but is not limited to, hospitals, restaurants,
24retail stores, offices, commercial establishments, elevators,
25indoor theaters, libraries, museums, concert halls, public
26conveyances, educational facilities, nursing homes,



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1auditoriums, enclosed or partially enclosed sports arenas,
2meeting rooms, schools, exhibition halls, convention
3facilities, polling places, private clubs, gaming facilities,
4all government owned vehicles and facilities, including
5buildings and vehicles owned, leased, or operated by the State
6or State subcontract, healthcare facilities or clinics,
7enclosed shopping centers, retail service establishments,
8financial institutions, educational facilities, ticket areas,
9public hearing facilities, public restrooms, waiting areas,
10lobbies, bars, taverns, bowling alleys, skating rinks,
11reception areas, and no less than 75% of the sleeping quarters
12within a hotel, motel, resort, inn, lodge, bed and breakfast,
13or other similar public accommodation that are rented to
14guests, but excludes private residences.
15    "Restaurant" means (i) an eating establishment, including,
16but not limited to, coffee shops, cafeterias, sandwich stands,
17and private and public school cafeterias, that gives or offers
18for sale food to the public, guests, or employees, and (ii) a
19kitchen or catering facility in which food is prepared on the
20premises for serving elsewhere. "Restaurant" includes a bar
21area within the restaurant.
22    "Retail tobacco store" means a retail establishment that
23derives more than 80% of its gross revenue from the sale of
24loose tobacco, plants, or herbs and cigars, electronic
25cigarettes, cigarettes, pipes, and other smoking devices for
26burning tobacco and related smoking accessories and in which



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1the sale of other products is merely incidental. "Retail
2tobacco store" includes an enclosed workplace that
3manufactures, imports, or distributes tobacco, electronic
4cigarettes, or tobacco products, when, as a necessary and
5integral part of the process of making, manufacturing,
6importing, or distributing a tobacco product or electronic
7cigarette for the eventual retail sale of that tobacco,
8electronic cigarette, or tobacco product, tobacco is heated,
9burned, or smoked, or a lighted tobacco product is tested,
10provided that the involved business entity: (1) maintains a
11specially designated area or areas within the workplace for the
12purpose of the heating, burning, smoking, or lighting
13activities, and does not create a facility that permits smoking
14throughout; (2) satisfies the 80% requirement related to gross
15sales; and (3) delivers tobacco products or electronic
16cigarettes to consumers, retail establishments, or other
17wholesale establishments as part of its business. "Retail
18tobacco store" does not include a tobacco or electronic
19cigarette department or section of a larger commercial
20establishment or any establishment with any type of liquor,
21food, or restaurant license. Rulemaking authority to implement
22this amendatory Act of the 95th General Assembly, if any, is
23conditioned on the rules being adopted in accordance with all
24provisions of the Illinois Administrative Procedure Act and all
25rules and procedures of the Joint Committee on Administrative
26Rules; any purported rule not so adopted, for whatever reason,



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1is unauthorized.
2    "Smoke" or "smoking" means the carrying, smoking, burning,
3inhaling, or exhaling of any kind of lighted pipe, cigar,
4cigarette, hookah, weed, herbs, or any other lighted smoking
5equipment. "Smoke" or "smoking" includes the use of an
6electronic cigarette. "Smoke" or "smoking" does not include
7smoking that is associated with a native recognized religious
8ceremony, ritual, or activity by American Indians that is in
9accordance with the federal American Indian Religious Freedom
10Act, 42 U.S.C. 1996 and 1996a.
11    "State agency" has the meaning formerly ascribed to it in
12subsection (a) of Section 3 of the Illinois Purchasing Act (now
14    "Unit of local government" has the meaning ascribed to it
15in Section 1 of Article VII of the Illinois Constitution of
17(Source: P.A. 95-17, eff. 1-1-08; 95-1029, eff. 2-4-09; 96-797,
18eff. 1-1-10.)".