| |||||||
| |||||||
| |||||||
1 | AN ACT concerning health.
| ||||||
2 | Be it enacted by the People of the State of Illinois,
| ||||||
3 | represented in the General Assembly:
| ||||||
4 | Section 5. The Smoke Free Illinois Act is amended by | ||||||
5 | changing Sections 10 and 35 as follows: | ||||||
6 | (410 ILCS 82/10)
| ||||||
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.
| ||||||
23 | "Employee" means a person who is employed by an employer |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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.
| ||||||
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 |
| |||||||
| |||||||
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, |
| |||||||
| |||||||
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.
| ||||||
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 , |
| |||||||
| |||||||
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, |
| |||||||
| |||||||
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.
| ||||||
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).
| ||||||
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.
| ||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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
| ||||||
24 | operated under the authority of the Illinois Department of
| ||||||
25 | Veterans' Affairs or licensed under the Nursing Home Care | ||||||
26 | Act that are accessible only to residents who
are smokers |
| |||||||
| |||||||
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
| ||||||
13 | manufacturers and suppliers of tobacco and tobacco
| ||||||
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
| ||||||
18 | public; | ||||||
19 | (ii) is limited to attendees and exhibitors that
| ||||||
20 | are 21 years of age or older; | ||||||
21 | (iii) is being produced or organized by a business
| ||||||
22 | relating to tobacco or a professional association for
| ||||||
23 | convenience stores; and | ||||||
24 | (iv) involves the display of tobacco products. | ||||||
25 | Smoking is not allowed in any public area outside of
| ||||||
26 | the hall designated for the meeting or trade show. |
| |||||||
| |||||||
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.)
|