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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 cigarette" means: | |||||||||||||||||||
16 | (1) any device that employs a battery or other | |||||||||||||||||||
17 | mechanism to heat a solution or substance to produce a | |||||||||||||||||||
18 | vapor or aerosol intended for inhalation; | |||||||||||||||||||
19 | (2) any cartridge or container of a solution or | |||||||||||||||||||
20 | substance intended to be used with or in the device or to | |||||||||||||||||||
21 | refill the device; or | |||||||||||||||||||
22 | (3) any solution or substance, whether or not it | |||||||||||||||||||
23 | contains nicotine intended for use in the device. |
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1 | "Electronic cigarette" includes, but is not limited to, any | ||||||
2 | electronic nicotine delivery system, electronic cigar, | ||||||
3 | electronic cigarillo, electronic pipe, electronic hookah, vape | ||||||
4 | pen, or similar product or device, and any components or parts | ||||||
5 | that can be used to build the product or device. "Electronic | ||||||
6 | cigarette" excludes cigarettes as defined in Section 1 of the | ||||||
7 | Cigarette Tax Act and tobacco products as defined in Section | ||||||
8 | 10-5 of the Tobacco Products Tax Act of 1995; alternative | ||||||
9 | nicotine products as defined in this Section; products | ||||||
10 | approved by the United States Food and Drug Administration for | ||||||
11 | sale as tobacco cessation products, as tobacco dependence | ||||||
12 | products, or for other medical purposes, and marketed and sold | ||||||
13 | solely for that approved purpose; asthma inhalers prescribed | ||||||
14 | by a physician for that condition and marketed and sold solely | ||||||
15 | for that approved purpose; and therapeutic products approved | ||||||
16 | for use under the Compassionate Use of Medical Cannabis | ||||||
17 | Program Act.
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18 | "Employee" means a person who is employed by an employer | ||||||
19 | in consideration for direct or indirect monetary wages or | ||||||
20 | profits or a person who volunteers his or her services for a | ||||||
21 | non-profit entity. | ||||||
22 | "Employer" means a person, business, partnership, | ||||||
23 | association, or corporation, including a municipal | ||||||
24 | corporation, trust, or non-profit entity, that employs the | ||||||
25 | services of one or more individual persons. | ||||||
26 | "Enclosed area" means all space between a floor and a |
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1 | ceiling that is enclosed or partially enclosed with (i) solid | ||||||
2 | walls or windows, exclusive of doorways, or (ii) solid walls | ||||||
3 | with partitions and no windows, exclusive of doorways, that | ||||||
4 | extend from the floor to the ceiling, including, without | ||||||
5 | limitation, lobbies and corridors. | ||||||
6 | "Enclosed or partially enclosed sports arena" means any | ||||||
7 | sports pavilion, stadium, gymnasium, health spa, boxing arena, | ||||||
8 | swimming pool, roller rink, ice rink, bowling alley, or other | ||||||
9 | similar place where members of the general public assemble to | ||||||
10 | engage in physical exercise or participate in athletic | ||||||
11 | competitions or recreational activities or to witness sports, | ||||||
12 | cultural, recreational, or other events. | ||||||
13 | "Gaming equipment or supplies" means gaming | ||||||
14 | equipment/supplies as defined in the Illinois Gaming Board | ||||||
15 | Rules of the Illinois Administrative Code. | ||||||
16 | "Gaming facility" means an establishment utilized | ||||||
17 | primarily for the purposes of gaming and where gaming | ||||||
18 | equipment or supplies are operated for the purposes of | ||||||
19 | accruing business revenue. | ||||||
20 | "Healthcare facility" means an office or institution | ||||||
21 | providing care or treatment of diseases, whether physical, | ||||||
22 | mental, or emotional, or other medical, physiological, or | ||||||
23 | psychological conditions, including, but not limited to, | ||||||
24 | hospitals, rehabilitation hospitals, weight control clinics, | ||||||
25 | nursing homes, homes for the aging or chronically ill, | ||||||
26 | laboratories, and offices of surgeons, chiropractors, physical |
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1 | therapists, physicians, dentists, and all specialists within | ||||||
2 | these professions. "Healthcare facility" includes all waiting | ||||||
3 | rooms, hallways, private rooms, semiprivate rooms, and wards | ||||||
4 | within healthcare facilities. | ||||||
5 | "Nicotine" means any form of chemical nicotine, including | ||||||
6 | any salt or complex, regardless of whether the chemical is | ||||||
7 | naturally or synthetically derived. | ||||||
8 | "Place of employment" means any area under the control of | ||||||
9 | a public or private employer that employees are required to | ||||||
10 | enter, leave, or pass through during the course of employment, | ||||||
11 | including, but not limited to entrances and exits to places of | ||||||
12 | employment, including a minimum distance, as set forth in | ||||||
13 | Section 70 of this Act, of 15 feet from entrances, exits, | ||||||
14 | windows that open, and ventilation intakes that serve an | ||||||
15 | enclosed area where smoking is prohibited; offices and work | ||||||
16 | areas; restrooms; conference and classrooms; break rooms and | ||||||
17 | cafeterias; and other common areas. A private residence or | ||||||
18 | home-based business, unless used to provide licensed child | ||||||
19 | care, foster care, adult care, or other similar social service | ||||||
20 | care on the premises, is not a "place of employment", nor are | ||||||
21 | enclosed laboratories, not open to the public, in an | ||||||
22 | accredited
university or government facility where the | ||||||
23 | activity of smoking is
exclusively conducted for the purpose | ||||||
24 | of medical or scientific health-related research. Rulemaking | ||||||
25 | authority to implement this amendatory Act of the 95th General | ||||||
26 | Assembly, if any, is conditioned on the rules being adopted in |
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1 | accordance with all provisions of the Illinois Administrative | ||||||
2 | Procedure Act and all rules and procedures of the Joint | ||||||
3 | Committee on Administrative Rules; any purported rule not so | ||||||
4 | adopted, for whatever reason, is unauthorized.
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5 | "Private club" means a not-for-profit association that (1) | ||||||
6 | has been in active and continuous existence for at least 3 | ||||||
7 | years prior to the effective date of this amendatory Act of the | ||||||
8 | 95th General Assembly, whether incorporated or not, (2) is the | ||||||
9 | owner, lessee, or occupant of a building or portion thereof | ||||||
10 | used exclusively for club purposes at all times, (3) is | ||||||
11 | operated solely for a recreational, fraternal, social, | ||||||
12 | patriotic, political, benevolent, or athletic purpose, but not | ||||||
13 | for pecuniary gain, and (4) only sells alcoholic beverages | ||||||
14 | incidental to its operation. For purposes of this definition, | ||||||
15 | "private club" means an organization that is managed by a | ||||||
16 | board of directors, executive committee, or similar body | ||||||
17 | chosen by the members at an annual meeting, has established | ||||||
18 | bylaws, a constitution, or both to govern its activities, and | ||||||
19 | has been granted an exemption from the payment of federal | ||||||
20 | income tax as a club under 26 U.S.C. 501. | ||||||
21 | "Private residence" means the part of a structure used as | ||||||
22 | a dwelling, including, without limitation: a private home, | ||||||
23 | townhouse, condominium, apartment, mobile home, vacation home, | ||||||
24 | cabin, or cottage. For the purposes of this definition, a | ||||||
25 | hotel, motel, inn, resort, lodge, bed and breakfast or other | ||||||
26 | similar public accommodation, hospital, nursing home, or |
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1 | assisted living facility shall not be considered a private | ||||||
2 | residence. | ||||||
3 | "Public place" means that portion of any building or | ||||||
4 | vehicle used by and open to the public, regardless of whether | ||||||
5 | the building or vehicle is owned in whole or in part by private | ||||||
6 | persons or entities, the State of Illinois, or any other | ||||||
7 | public entity and regardless of whether a fee is charged for | ||||||
8 | admission, including a minimum distance, as set forth in | ||||||
9 | Section 70 of this Act, of 15 feet from entrances, exits, | ||||||
10 | windows that open, and ventilation intakes that serve an | ||||||
11 | enclosed area where smoking is prohibited. A "public place" | ||||||
12 | does not include a private residence unless the private | ||||||
13 | residence is used to provide licensed child care, foster care, | ||||||
14 | or other similar social service care on the premises. A | ||||||
15 | "public place" includes, but is not limited to,
hospitals, | ||||||
16 | restaurants, retail stores, offices, commercial | ||||||
17 | establishments,
elevators, indoor theaters, libraries, | ||||||
18 | museums, concert halls, public
conveyances, educational | ||||||
19 | facilities, nursing homes, auditoriums, enclosed or partially | ||||||
20 | enclosed sports arenas,
meeting rooms, schools, exhibition | ||||||
21 | halls, convention facilities, polling places, private clubs, | ||||||
22 | gaming facilities, all government owned vehicles and | ||||||
23 | facilities, including buildings and vehicles owned, leased, or | ||||||
24 | operated by the State or State subcontract, healthcare | ||||||
25 | facilities or clinics, enclosed shopping centers, retail | ||||||
26 | service establishments, financial institutions, educational |
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1 | facilities, ticket areas, public hearing facilities, public | ||||||
2 | restrooms, waiting areas, lobbies, bars, taverns, bowling | ||||||
3 | alleys, skating rinks, reception areas, and no less than 75% | ||||||
4 | of the sleeping quarters within a hotel, motel, resort, inn, | ||||||
5 | lodge, bed and breakfast, or other similar public | ||||||
6 | accommodation that are rented to guests, but excludes private | ||||||
7 | residences.
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8 | "Restaurant" means (i) an eating establishment, including, | ||||||
9 | but not limited to, coffee shops, cafeterias, sandwich stands, | ||||||
10 | and private and public school cafeterias, that gives or offers | ||||||
11 | for sale food to the public, guests, or employees, and (ii) a | ||||||
12 | kitchen or catering facility in which food is prepared on the | ||||||
13 | premises for serving elsewhere. "Restaurant" includes a bar | ||||||
14 | area within the restaurant. | ||||||
15 | "Retail tobacco store" means a retail establishment that | ||||||
16 | derives more than 80% of its gross revenue from the sale of | ||||||
17 | loose tobacco, plants, or herbs and cigars, cigarettes, pipes, | ||||||
18 | and other smoking devices for burning tobacco and related | ||||||
19 | smoking accessories and in which the sale of other products is | ||||||
20 | merely incidental. "Retail tobacco store" includes an enclosed | ||||||
21 | workplace that manufactures, imports, or distributes tobacco | ||||||
22 | or tobacco products, when, as a necessary and integral part of | ||||||
23 | the process of making, manufacturing, importing, or | ||||||
24 | distributing a tobacco product for the eventual retail sale of | ||||||
25 | that tobacco or tobacco product, tobacco is heated, burned, or | ||||||
26 | smoked, or a lighted tobacco product is tested, provided that |
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1 | the involved business entity: (1) maintains a specially | ||||||
2 | designated area or areas within the workplace for the purpose | ||||||
3 | of the heating, burning, smoking, or lighting activities, and | ||||||
4 | does not create a facility that permits smoking throughout; | ||||||
5 | (2) satisfies the 80% requirement related to gross sales; and | ||||||
6 | (3) delivers tobacco products to consumers, retail | ||||||
7 | establishments, or other wholesale establishments as part of | ||||||
8 | its business. "Retail tobacco store" does not include a | ||||||
9 | tobacco department or section of a larger commercial | ||||||
10 | establishment or any establishment with any type of liquor, | ||||||
11 | food, or restaurant license. Rulemaking authority to implement | ||||||
12 | this amendatory Act of the 95th General Assembly, if any, is | ||||||
13 | conditioned on the rules being adopted in accordance with all | ||||||
14 | provisions of the Illinois Administrative Procedure Act and | ||||||
15 | all rules and procedures of the Joint Committee on | ||||||
16 | Administrative Rules; any purported rule not so adopted, for | ||||||
17 | whatever reason, is unauthorized. | ||||||
18 | "Smoke" or "smoking" means the carrying, smoking, burning, | ||||||
19 | inhaling, or exhaling of any kind of lighted pipe, cigar, | ||||||
20 | cigarette, hookah, weed, herbs, or any other lighted smoking | ||||||
21 | equipment. "Smoke" or "smoking" includes the use of | ||||||
22 | alternative nicotine products and electronic cigarettes, as | ||||||
23 | defined in this Section. "Smoke" or "smoking" does not include | ||||||
24 | smoking that is associated with a native recognized religious | ||||||
25 | ceremony, ritual, or activity by American Indians that is in | ||||||
26 | accordance with the federal American Indian Religious Freedom |
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1 | Act, 42 U.S.C. 1996 and 1996a.
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2 | "State agency" has the meaning formerly ascribed to it in | ||||||
3 | subsection
(a) of Section 3 of the Illinois Purchasing Act | ||||||
4 | (now repealed).
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5 | "Tobacco product" means any product containing or made | ||||||
6 | from tobacco that is intended for human consumption, whether | ||||||
7 | smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, | ||||||
8 | sniffed, or ingested by any other means, including, but not | ||||||
9 | limited to, cigarettes, cigars, little cigars, chewing | ||||||
10 | tobacco, pipe tobacco, snuff, snus, and any other smokeless | ||||||
11 | tobacco product which contains tobacco that is finely cut, | ||||||
12 | ground, powdered, or leaf and intended to be placed in the oral | ||||||
13 | cavity. "Tobacco product" includes any component, part, and | ||||||
14 | accessory of a tobacco product, whether or not sold | ||||||
15 | separately. "Tobacco product" excludes electronic cigarettes; | ||||||
16 | alternative nicotine products; and products that have
been | ||||||
17 | approved by the United States Food and Drug Administration for | ||||||
18 | sale as tobacco cessation products, as tobacco dependence | ||||||
19 | products, or for other medical
purposes, marketed and sold | ||||||
20 | solely for that approved purpose. | ||||||
21 | "Unit of local government" has the meaning ascribed to it | ||||||
22 | in Section
1 of Article VII of the Illinois Constitution of | ||||||
23 | 1970.
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24 | (Source: P.A. 95-17, eff. 1-1-08; 95-1029, eff. 2-4-09; | ||||||
25 | 96-797, eff. 1-1-10.)
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26 | Section 99. Effective date. This Act takes effect January |
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1 | 1, 2024.
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