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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 Sections 10 and 35 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 cigarette" means any product containing or |
16 | | delivering nicotine or any other substance intended for human |
17 | | consumption that can be used by a person in any manner for the |
18 | | purpose of inhaling vapor or aerosol from the product. |
19 | | "Electronic cigarette" 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, cigarettes, pipes, |
23 | | and other smoking devices for burning tobacco and related |
24 | | smoking accessories and in which the sale of other products is |
25 | | merely incidental. "Retail tobacco store" includes an enclosed |
26 | | workplace that manufactures, imports, or distributes tobacco , |
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1 | | electronic cigarettes, or tobacco products, when, as a |
2 | | necessary and integral part of the process of making, |
3 | | manufacturing, importing, or distributing a tobacco product or |
4 | | electronic cigarette for the eventual retail sale of that |
5 | | tobacco , electronic cigarette, or tobacco product, tobacco is |
6 | | heated, burned, or smoked, or a lighted tobacco product is |
7 | | tested, provided that the involved business entity: (1) |
8 | | maintains a specially designated area or areas within the |
9 | | workplace for the purpose of the heating, burning, smoking, or |
10 | | lighting activities, and does not create a facility that |
11 | | permits smoking throughout; (2) satisfies the 80% requirement |
12 | | related to gross sales; and (3) delivers tobacco products or |
13 | | electronic cigarettes to consumers, retail establishments, or |
14 | | other wholesale establishments as part of its business. |
15 | | "Retail tobacco store" does not include a tobacco or |
16 | | electronic cigarette department or section of a larger |
17 | | commercial establishment or any establishment with any type of |
18 | | liquor, food, or restaurant license. Rulemaking authority to |
19 | | implement this amendatory Act of the 95th General Assembly, if |
20 | | any, is conditioned on the rules being adopted in accordance |
21 | | with all provisions of the Illinois Administrative Procedure |
22 | | Act and all rules and procedures of the Joint Committee on |
23 | | Administrative Rules; any purported rule not so adopted, for |
24 | | whatever reason, is unauthorized. |
25 | | "Smoke" or "smoking" means the carrying, smoking, burning, |
26 | | inhaling, or exhaling of any kind of lighted pipe, cigar, |
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1 | | cigarette, hookah, weed, herbs, or any other lighted smoking |
2 | | equipment. "Smoke" or "smoking" includes the use of an |
3 | | electronic cigarette. "Smoke" or "smoking" does not include |
4 | | smoking that is associated with a native recognized religious |
5 | | ceremony, ritual, or activity by American Indians that is in |
6 | | accordance with the federal American Indian Religious Freedom |
7 | | Act, 42 U.S.C. 1996 and 1996a.
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8 | | "State agency" has the meaning formerly ascribed to it in |
9 | | subsection
(a) of Section 3 of the Illinois Purchasing Act |
10 | | (now repealed).
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11 | | "Unit of local government" has the meaning ascribed to it |
12 | | in Section
1 of Article VII of the Illinois Constitution of |
13 | | 1970.
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14 | | (Source: P.A. 95-17, eff. 1-1-08; 95-1029, eff. 2-4-09; |
15 | | 96-797, eff. 1-1-10.) |
16 | | (410 ILCS 82/35) |
17 | | Sec. 35. Exemptions. Notwithstanding any other provision |
18 | | of this Act, smoking is allowed in the following areas: |
19 | | (1) Private residences or dwelling places, except when |
20 | | used as a child care, adult day care, or healthcare |
21 | | facility or any other home-based business open to the |
22 | | public. |
23 | | (2) Retail tobacco stores as defined in Section 10 of |
24 | | this Act in operation prior to the effective date of this |
25 | | amendatory Act of the 95th General Assembly. The retail |
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1 | | tobacco store shall annually file with the Department by |
2 | | January 31st an affidavit stating the percentage of its |
3 | | gross income during the prior calendar year that was |
4 | | derived from the sale of loose tobacco, plants, or herbs |
5 | | and cigars, cigarettes, pipes, or other smoking devices |
6 | | for smoking tobacco and related smoking accessories. Any |
7 | | retail tobacco store that begins operation after the |
8 | | effective date of this amendatory Act may only qualify for |
9 | | an exemption if located in a freestanding structure |
10 | | occupied solely by the business and smoke from the |
11 | | business does not migrate into an enclosed area where |
12 | | smoking is prohibited. A retail tobacco store that derives |
13 | | at least 80% of its gross revenue from the sale of |
14 | | electronic cigarettes and electronic cigarette equipment |
15 | | and accessories in operation before the effective date of |
16 | | this amendatory Act of the 103rd General Assembly |
17 | | qualifies for this exemption for electronic cigarettes |
18 | | only. A retail tobacco store claiming an exemption for |
19 | | electronic cigarettes shall annually file with the |
20 | | Department by January 31 an affidavit stating the |
21 | | percentage of its gross income during the prior calendar |
22 | | year that was derived from the sale of electronic |
23 | | cigarettes. A retail tobacco store may, with authorization |
24 | | or permission from a unit of local government, including a |
25 | | home rule unit, or any non-home rule county within the |
26 | | unincorporated territory of the county, allow the |
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1 | | on-premises consumption of cannabis in a specially |
2 | | designated areas. |
3 | | (3) (Blank). |
4 | | (4) Hotel and motel sleeping rooms that are rented to |
5 | | guests and are designated as smoking rooms, provided that |
6 | | all smoking rooms on the same floor must be contiguous and |
7 | | smoke from these rooms must not infiltrate into nonsmoking |
8 | | rooms or other areas where smoking is prohibited. Not more |
9 | | than 25% of the rooms rented to guests in a hotel or motel |
10 | | may be designated as rooms where smoking is allowed. The |
11 | | status of rooms as smoking or nonsmoking may not be |
12 | | changed, except to permanently add additional nonsmoking |
13 | | rooms. |
14 | | (5) Enclosed laboratories that are excluded from the |
15 | | definition of "place of employment" in Section 10 of this |
16 | | Act. Rulemaking authority to implement this amendatory Act |
17 | | of the 95th General Assembly, if any, is conditioned on |
18 | | the rules being adopted in accordance with all provisions |
19 | | of the Illinois Administrative Procedure Act and all rules |
20 | | and procedures of the Joint Committee on Administrative |
21 | | Rules; any purported rule not so adopted, for whatever |
22 | | reason, is unauthorized. |
23 | | (6) Common smoking rooms in long-term care facilities
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24 | | operated under the authority of the Illinois Department of
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25 | | Veterans' Affairs or licensed under the Nursing Home Care |
26 | | Act that are accessible only to residents who
are smokers |
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1 | | and have requested in writing to have access to
the common |
2 | | smoking room where smoking is permitted and the
smoke |
3 | | shall not infiltrate other areas of the long-term care |
4 | | facility. Rulemaking authority to implement this |
5 | | amendatory Act of the 95th General Assembly, if any, is |
6 | | conditioned on the rules being adopted in accordance with |
7 | | all provisions of the Illinois Administrative Procedure |
8 | | Act and all rules and procedures of the Joint Committee on |
9 | | Administrative Rules; any purported rule not so adopted, |
10 | | for whatever reason, is unauthorized. |
11 | | (7) A convention hall of the Donald E. Stephens |
12 | | Convention Center where a meeting or trade show for
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13 | | manufacturers and suppliers of tobacco and tobacco
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14 | | products and accessories is being held, during the time |
15 | | the
meeting or trade show is occurring, if the meeting or |
16 | | trade
show: |
17 | | (i) is a trade-only event and not open to the
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18 | | public; |
19 | | (ii) is limited to attendees and exhibitors that
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20 | | are 21 years of age or older; |
21 | | (iii) is being produced or organized by a business
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22 | | relating to tobacco or a professional association for
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23 | | convenience stores; and |
24 | | (iv) involves the display of tobacco products. |
25 | | Smoking is not allowed in any public area outside of
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26 | | the hall designated for the meeting or trade show. |
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1 | | This
paragraph (7) is inoperative on and after October |
2 | | 1, 2015. |
3 | | (8) A dispensing organization, as defined in the |
4 | | Cannabis Regulation and Tax Act, authorized or permitted |
5 | | by a unit local government to allow on-site consumption of |
6 | | cannabis, if the establishment: (1) maintains a specially |
7 | | designated area or areas for the purpose of heating, |
8 | | burning, smoking, or lighting cannabis; (2) is limited to |
9 | | individuals 21 or older; and (3) maintains a locked door |
10 | | or barrier to any specially designated areas for the |
11 | | purpose of heating, burning, smoking or lighting cannabis. |
12 | | (Source: P.A. 101-593, eff. 12-4-19.)
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