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| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 HB1540 Introduced 1/31/2023, by Rep. Camille Y. Lilly SYNOPSIS AS INTRODUCED: |
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Amends the Smoke Free Illinois Act. Defines "electronic smoking device". Changes the definition of "retail tobacco store" to include references to "electronic smoking devices". Provides that "smoke" or "smoking" includes the use of an electronic smoking device.
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| | A BILL FOR |
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1 | | AN ACT concerning health.
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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 Smoke Free Illinois Act is amended by |
5 | | changing Section 10 as follows: |
6 | | (410 ILCS 82/10)
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7 | | Sec. 10. Definitions. In this Act: |
8 | | "Bar" means an establishment that is devoted to the |
9 | | serving of alcoholic beverages for consumption by guests on |
10 | | the premises and that derives no more than 10% of its gross |
11 | | revenue from the sale of food consumed on the premises. "Bar" |
12 | | includes, but is not limited to, taverns, nightclubs, cocktail |
13 | | lounges, adult entertainment facilities, and cabarets. |
14 | | "Department" means the Department of Public Health. |
15 | | "Electronic smoking device" means any product containing |
16 | | or delivering nicotine or any other substance intended for |
17 | | human consumption that can be used by a person in any manner |
18 | | for the purpose of inhaling vapor or aerosol from the product. |
19 | | "Electronic smoking device" includes any such product, whether |
20 | | manufactured, distributed, marketed, or sold as an |
21 | | e-cigarette, e-cigar, e-pipe, e-hookah, or vape pen or under |
22 | | any other product name or descriptor.
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23 | | "Employee" means a person who is employed by an employer |
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1 | | in consideration for direct or indirect monetary wages or |
2 | | profits or a person who volunteers his or her services for a |
3 | | non-profit entity. |
4 | | "Employer" means a person, business, partnership, |
5 | | association, or corporation, including a municipal |
6 | | corporation, trust, or non-profit entity, that employs the |
7 | | services of one or more individual persons. |
8 | | "Enclosed area" means all space between a floor and a |
9 | | ceiling that is enclosed or partially enclosed with (i) solid |
10 | | walls or windows, exclusive of doorways, or (ii) solid walls |
11 | | with partitions and no windows, exclusive of doorways, that |
12 | | extend from the floor to the ceiling, including, without |
13 | | limitation, lobbies and corridors. |
14 | | "Enclosed or partially enclosed sports arena" means any |
15 | | sports pavilion, stadium, gymnasium, health spa, boxing arena, |
16 | | swimming pool, roller rink, ice rink, bowling alley, or other |
17 | | similar place where members of the general public assemble to |
18 | | engage in physical exercise or participate in athletic |
19 | | competitions or recreational activities or to witness sports, |
20 | | cultural, recreational, or other events. |
21 | | "Gaming equipment or supplies" means gaming |
22 | | equipment/supplies as defined in the Illinois Gaming Board |
23 | | Rules of the Illinois Administrative Code. |
24 | | "Gaming facility" means an establishment utilized |
25 | | primarily for the purposes of gaming and where gaming |
26 | | equipment or supplies are operated for the purposes of |
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1 | | accruing business revenue. |
2 | | "Healthcare facility" means an office or institution |
3 | | providing care or treatment of diseases, whether physical, |
4 | | mental, or emotional, or other medical, physiological, or |
5 | | psychological conditions, including, but not limited to, |
6 | | hospitals, rehabilitation hospitals, weight control clinics, |
7 | | nursing homes, homes for the aging or chronically ill, |
8 | | laboratories, and offices of surgeons, chiropractors, physical |
9 | | therapists, physicians, dentists, and all specialists within |
10 | | these professions. "Healthcare facility" includes all waiting |
11 | | rooms, hallways, private rooms, semiprivate rooms, and wards |
12 | | within healthcare facilities. |
13 | | "Place of employment" means any area under the control of |
14 | | a public or private employer that employees are required to |
15 | | enter, leave, or pass through during the course of employment, |
16 | | including, but not limited to entrances and exits to places of |
17 | | employment, including a minimum distance, as set forth in |
18 | | Section 70 of this Act, of 15 feet from entrances, exits, |
19 | | windows that open, and ventilation intakes that serve an |
20 | | enclosed area where smoking is prohibited; offices and work |
21 | | areas; restrooms; conference and classrooms; break rooms and |
22 | | cafeterias; and other common areas. A private residence or |
23 | | home-based business, unless used to provide licensed child |
24 | | care, foster care, adult care, or other similar social service |
25 | | care on the premises, is not a "place of employment", nor are |
26 | | enclosed laboratories, not open to the public, in an |
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1 | | accredited
university or government facility where the |
2 | | activity of smoking is
exclusively conducted for the purpose |
3 | | of medical or scientific health-related research. Rulemaking |
4 | | authority to implement this amendatory Act of the 95th General |
5 | | Assembly, if any, is conditioned on the rules being adopted in |
6 | | accordance with all provisions of the Illinois Administrative |
7 | | Procedure Act and all rules and procedures of the Joint |
8 | | Committee on Administrative Rules; any purported rule not so |
9 | | adopted, for whatever reason, is unauthorized.
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10 | | "Private club" means a not-for-profit association that (1) |
11 | | has been in active and continuous existence for at least 3 |
12 | | years prior to the effective date of this amendatory Act of the |
13 | | 95th General Assembly, whether incorporated or not, (2) is the |
14 | | owner, lessee, or occupant of a building or portion thereof |
15 | | used exclusively for club purposes at all times, (3) is |
16 | | operated solely for a recreational, fraternal, social, |
17 | | patriotic, political, benevolent, or athletic purpose, but not |
18 | | for pecuniary gain, and (4) only sells alcoholic beverages |
19 | | incidental to its operation. For purposes of this definition, |
20 | | "private club" means an organization that is managed by a |
21 | | board of directors, executive committee, or similar body |
22 | | chosen by the members at an annual meeting, has established |
23 | | bylaws, a constitution, or both to govern its activities, and |
24 | | has been granted an exemption from the payment of federal |
25 | | income tax as a club under 26 U.S.C. 501. |
26 | | "Private residence" means the part of a structure used as |
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1 | | a dwelling, including, without limitation: a private home, |
2 | | townhouse, condominium, apartment, mobile home, vacation home, |
3 | | cabin, or cottage. For the purposes of this definition, a |
4 | | hotel, motel, inn, resort, lodge, bed and breakfast or other |
5 | | similar public accommodation, hospital, nursing home, or |
6 | | assisted living facility shall not be considered a private |
7 | | residence. |
8 | | "Public place" means that portion of any building or |
9 | | vehicle used by and open to the public, regardless of whether |
10 | | the building or vehicle is owned in whole or in part by private |
11 | | persons or entities, the State of Illinois, or any other |
12 | | public entity and regardless of whether a fee is charged for |
13 | | admission, including a minimum distance, as set forth in |
14 | | Section 70 of this Act, of 15 feet from entrances, exits, |
15 | | windows that open, and ventilation intakes that serve an |
16 | | enclosed area where smoking is prohibited. A "public place" |
17 | | does not include a private residence unless the private |
18 | | residence is used to provide licensed child care, foster care, |
19 | | or other similar social service care on the premises. A |
20 | | "public place" includes, but is not limited to,
hospitals, |
21 | | restaurants, retail stores, offices, commercial |
22 | | establishments,
elevators, indoor theaters, libraries, |
23 | | museums, concert halls, public
conveyances, educational |
24 | | facilities, nursing homes, auditoriums, enclosed or partially |
25 | | enclosed sports arenas,
meeting rooms, schools, exhibition |
26 | | halls, convention facilities, polling places, private clubs, |
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1 | | gaming facilities, all government owned vehicles and |
2 | | facilities, including buildings and vehicles owned, leased, or |
3 | | operated by the State or State subcontract, healthcare |
4 | | facilities or clinics, enclosed shopping centers, retail |
5 | | service establishments, financial institutions, educational |
6 | | facilities, ticket areas, public hearing facilities, public |
7 | | restrooms, waiting areas, lobbies, bars, taverns, bowling |
8 | | alleys, skating rinks, reception areas, and no less than 75% |
9 | | of the sleeping quarters within a hotel, motel, resort, inn, |
10 | | lodge, bed and breakfast, or other similar public |
11 | | accommodation that are rented to guests, but excludes private |
12 | | residences.
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13 | | "Restaurant" means (i) an eating establishment, including, |
14 | | but not limited to, coffee shops, cafeterias, sandwich stands, |
15 | | and private and public school cafeterias, that gives or offers |
16 | | for sale food to the public, guests, or employees, and (ii) a |
17 | | kitchen or catering facility in which food is prepared on the |
18 | | premises for serving elsewhere. "Restaurant" includes a bar |
19 | | area within the restaurant. |
20 | | "Retail tobacco store" means a retail establishment that |
21 | | derives more than 80% of its gross revenue from the sale of |
22 | | loose tobacco, plants, or herbs and cigars, electronic smoking |
23 | | devices, cigarettes, pipes, and other smoking devices for |
24 | | burning tobacco and related smoking accessories and in which |
25 | | the sale of other products is merely incidental. "Retail |
26 | | tobacco store" includes an enclosed workplace that |
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1 | | manufactures, imports, or distributes tobacco , electronic |
2 | | smoking devices, or tobacco products, when, as a necessary and |
3 | | integral part of the process of making, manufacturing, |
4 | | importing, or distributing a tobacco product or electronic |
5 | | smoking device for the eventual retail sale of that tobacco , |
6 | | electronic smoking device, or tobacco product, tobacco is |
7 | | heated, burned, or smoked, or a lighted tobacco product is |
8 | | tested, provided that the involved business entity: (1) |
9 | | maintains a specially designated area or areas within the |
10 | | workplace for the purpose of the heating, burning, smoking, or |
11 | | lighting activities, and does not create a facility that |
12 | | permits smoking throughout; (2) satisfies the 80% requirement |
13 | | related to gross sales; and (3) delivers tobacco products or |
14 | | electronic smoking devices to consumers, retail |
15 | | establishments, or other wholesale establishments as part of |
16 | | its business. "Retail tobacco store" does not include a |
17 | | tobacco or electronic smoking device department or section of |
18 | | a larger commercial establishment or any establishment with |
19 | | any type of liquor, food, or restaurant license. Rulemaking |
20 | | authority to implement this amendatory Act of the 95th General |
21 | | Assembly, if any, is conditioned on the rules being adopted in |
22 | | accordance with all provisions of the Illinois Administrative |
23 | | Procedure Act and all rules and procedures of the Joint |
24 | | Committee on Administrative Rules; any purported rule not so |
25 | | adopted, for whatever reason, is unauthorized. |
26 | | "Smoke" or "smoking" means the carrying, smoking, burning, |
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1 | | inhaling, or exhaling of any kind of lighted pipe, cigar, |
2 | | cigarette, hookah, weed, herbs, or any other lighted smoking |
3 | | equipment. "Smoke" or "smoking" includes the use of an |
4 | | electronic smoking device. "Smoke" or "smoking" does not |
5 | | include smoking that is associated with a native recognized |
6 | | religious ceremony, ritual, or activity by American Indians |
7 | | that is in accordance with the federal American Indian |
8 | | Religious Freedom Act, 42 U.S.C. 1996 and 1996a.
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9 | | "State agency" has the meaning formerly ascribed to it in |
10 | | subsection
(a) of Section 3 of the Illinois Purchasing Act |
11 | | (now repealed).
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12 | | "Unit of local government" has the meaning ascribed to it |
13 | | in Section
1 of Article VII of the Illinois Constitution of |
14 | | 1970.
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15 | | (Source: P.A. 95-17, eff. 1-1-08; 95-1029, eff. 2-4-09; |
16 | | 96-797, eff. 1-1-10.)
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