Sen. Julie A. Morrison
Filed: 2/21/2023
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1 | AMENDMENT TO SENATE BILL 1561
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2 | AMENDMENT NO. ______. Amend Senate Bill 1561 by replacing | ||||||
3 | everything after the enacting clause with the following:
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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 |
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1 | human consumption that can be used by a person in any manner | ||||||
2 | for the purpose of inhaling vapor or aerosol from the product. | ||||||
3 | "Electronic smoking device" includes any such product, whether | ||||||
4 | manufactured, distributed, marketed, or sold as an | ||||||
5 | e-cigarette, e-cigar, e-pipe, e-hookah, or vape pen or under | ||||||
6 | any other product name or descriptor.
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7 | "Employee" means a person who is employed by an employer | ||||||
8 | in consideration for direct or indirect monetary wages or | ||||||
9 | profits or a person who volunteers his or her services for a | ||||||
10 | non-profit entity. | ||||||
11 | "Employer" means a person, business, partnership, | ||||||
12 | association, or corporation, including a municipal | ||||||
13 | corporation, trust, or non-profit entity, that employs the | ||||||
14 | services of one or more individual persons. | ||||||
15 | "Enclosed area" means all space between a floor and a | ||||||
16 | ceiling that is enclosed or partially enclosed with (i) solid | ||||||
17 | walls or windows, exclusive of doorways, or (ii) solid walls | ||||||
18 | with partitions and no windows, exclusive of doorways, that | ||||||
19 | extend from the floor to the ceiling, including, without | ||||||
20 | limitation, lobbies and corridors. | ||||||
21 | "Enclosed or partially enclosed sports arena" means any | ||||||
22 | sports pavilion, stadium, gymnasium, health spa, boxing arena, | ||||||
23 | swimming pool, roller rink, ice rink, bowling alley, or other | ||||||
24 | similar place where members of the general public assemble to | ||||||
25 | engage in physical exercise or participate in athletic | ||||||
26 | competitions or recreational activities or to witness sports, |
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1 | cultural, recreational, or other events. | ||||||
2 | "Gaming equipment or supplies" means gaming | ||||||
3 | equipment/supplies as defined in the Illinois Gaming Board | ||||||
4 | Rules of the Illinois Administrative Code. | ||||||
5 | "Gaming facility" means an establishment utilized | ||||||
6 | primarily for the purposes of gaming and where gaming | ||||||
7 | equipment or supplies are operated for the purposes of | ||||||
8 | accruing business revenue. | ||||||
9 | "Healthcare facility" means an office or institution | ||||||
10 | providing care or treatment of diseases, whether physical, | ||||||
11 | mental, or emotional, or other medical, physiological, or | ||||||
12 | psychological conditions, including, but not limited to, | ||||||
13 | hospitals, rehabilitation hospitals, weight control clinics, | ||||||
14 | nursing homes, homes for the aging or chronically ill, | ||||||
15 | laboratories, and offices of surgeons, chiropractors, physical | ||||||
16 | therapists, physicians, dentists, and all specialists within | ||||||
17 | these professions. "Healthcare facility" includes all waiting | ||||||
18 | rooms, hallways, private rooms, semiprivate rooms, and wards | ||||||
19 | within healthcare facilities. | ||||||
20 | "Place of employment" means any area under the control of | ||||||
21 | a public or private employer that employees are required to | ||||||
22 | enter, leave, or pass through during the course of employment, | ||||||
23 | including, but not limited to entrances and exits to places of | ||||||
24 | employment, including a minimum distance, as set forth in | ||||||
25 | Section 70 of this Act, of 15 feet from entrances, exits, | ||||||
26 | windows that open, and ventilation intakes that serve an |
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1 | enclosed area where smoking is prohibited; offices and work | ||||||
2 | areas; restrooms; conference and classrooms; break rooms and | ||||||
3 | cafeterias; and other common areas. A private residence or | ||||||
4 | home-based business, unless used to provide licensed child | ||||||
5 | care, foster care, adult care, or other similar social service | ||||||
6 | care on the premises, is not a "place of employment", nor are | ||||||
7 | enclosed laboratories, not open to the public, in an | ||||||
8 | accredited
university or government facility where the | ||||||
9 | activity of smoking is
exclusively conducted for the purpose | ||||||
10 | of medical or scientific health-related research. Rulemaking | ||||||
11 | authority to implement this amendatory Act of the 95th General | ||||||
12 | Assembly, if any, is conditioned on the rules being adopted in | ||||||
13 | accordance with all provisions of the Illinois Administrative | ||||||
14 | Procedure Act and all rules and procedures of the Joint | ||||||
15 | Committee on Administrative Rules; any purported rule not so | ||||||
16 | adopted, for whatever reason, is unauthorized.
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17 | "Private club" means a not-for-profit association that (1) | ||||||
18 | has been in active and continuous existence for at least 3 | ||||||
19 | years prior to the effective date of this amendatory Act of the | ||||||
20 | 95th General Assembly, whether incorporated or not, (2) is the | ||||||
21 | owner, lessee, or occupant of a building or portion thereof | ||||||
22 | used exclusively for club purposes at all times, (3) is | ||||||
23 | operated solely for a recreational, fraternal, social, | ||||||
24 | patriotic, political, benevolent, or athletic purpose, but not | ||||||
25 | for pecuniary gain, and (4) only sells alcoholic beverages | ||||||
26 | incidental to its operation. For purposes of this definition, |
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1 | "private club" means an organization that is managed by a | ||||||
2 | board of directors, executive committee, or similar body | ||||||
3 | chosen by the members at an annual meeting, has established | ||||||
4 | bylaws, a constitution, or both to govern its activities, and | ||||||
5 | has been granted an exemption from the payment of federal | ||||||
6 | income tax as a club under 26 U.S.C. 501. | ||||||
7 | "Private residence" means the part of a structure used as | ||||||
8 | a dwelling, including, without limitation: a private home, | ||||||
9 | townhouse, condominium, apartment, mobile home, vacation home, | ||||||
10 | cabin, or cottage. For the purposes of this definition, a | ||||||
11 | hotel, motel, inn, resort, lodge, bed and breakfast or other | ||||||
12 | similar public accommodation, hospital, nursing home, or | ||||||
13 | assisted living facility shall not be considered a private | ||||||
14 | residence. | ||||||
15 | "Public place" means that portion of any building or | ||||||
16 | vehicle used by and open to the public, regardless of whether | ||||||
17 | the building or vehicle is owned in whole or in part by private | ||||||
18 | persons or entities, the State of Illinois, or any other | ||||||
19 | public entity and regardless of whether a fee is charged for | ||||||
20 | admission, including a minimum distance, as set forth in | ||||||
21 | Section 70 of this Act, of 15 feet from entrances, exits, | ||||||
22 | windows that open, and ventilation intakes that serve an | ||||||
23 | enclosed area where smoking is prohibited. A "public place" | ||||||
24 | does not include a private residence unless the private | ||||||
25 | residence is used to provide licensed child care, foster care, | ||||||
26 | or other similar social service care on the premises. A |
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1 | "public place" includes, but is not limited to,
hospitals, | ||||||
2 | restaurants, retail stores, offices, commercial | ||||||
3 | establishments,
elevators, indoor theaters, libraries, | ||||||
4 | museums, concert halls, public
conveyances, educational | ||||||
5 | facilities, nursing homes, auditoriums, enclosed or partially | ||||||
6 | enclosed sports arenas,
meeting rooms, schools, exhibition | ||||||
7 | halls, convention facilities, polling places, private clubs, | ||||||
8 | gaming facilities, all government owned vehicles and | ||||||
9 | facilities, including buildings and vehicles owned, leased, or | ||||||
10 | operated by the State or State subcontract, healthcare | ||||||
11 | facilities or clinics, enclosed shopping centers, retail | ||||||
12 | service establishments, financial institutions, educational | ||||||
13 | facilities, ticket areas, public hearing facilities, public | ||||||
14 | restrooms, waiting areas, lobbies, bars, taverns, bowling | ||||||
15 | alleys, skating rinks, reception areas, and no less than 75% | ||||||
16 | of the sleeping quarters within a hotel, motel, resort, inn, | ||||||
17 | lodge, bed and breakfast, or other similar public | ||||||
18 | accommodation that are rented to guests, but excludes private | ||||||
19 | residences.
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20 | "Restaurant" means (i) an eating establishment, including, | ||||||
21 | but not limited to, coffee shops, cafeterias, sandwich stands, | ||||||
22 | and private and public school cafeterias, that gives or offers | ||||||
23 | for sale food to the public, guests, or employees, and (ii) a | ||||||
24 | kitchen or catering facility in which food is prepared on the | ||||||
25 | premises for serving elsewhere. "Restaurant" includes a bar | ||||||
26 | area within the restaurant. |
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1 | "Retail tobacco store" means a retail establishment that | ||||||
2 | derives more than 80% of its gross revenue from the sale of | ||||||
3 | loose tobacco, plants, or herbs and cigars, electronic smoking | ||||||
4 | devices, cigarettes, pipes, and other smoking devices for | ||||||
5 | burning tobacco and related smoking accessories and in which | ||||||
6 | the sale of other products is merely incidental. "Retail | ||||||
7 | tobacco store" includes an enclosed workplace that | ||||||
8 | manufactures, imports, or distributes tobacco , electronic | ||||||
9 | smoking devices, or tobacco products, when, as a necessary and | ||||||
10 | integral part of the process of making, manufacturing, | ||||||
11 | importing, or distributing a tobacco product or electronic | ||||||
12 | smoking device for the eventual retail sale of that tobacco , | ||||||
13 | electronic smoking device, or tobacco product, tobacco is | ||||||
14 | heated, burned, or smoked, or a lighted tobacco product is | ||||||
15 | tested, provided that the involved business entity: (1) | ||||||
16 | maintains a specially designated area or areas within the | ||||||
17 | workplace for the purpose of the heating, burning, smoking, or | ||||||
18 | lighting activities, and does not create a facility that | ||||||
19 | permits smoking throughout; (2) satisfies the 80% requirement | ||||||
20 | related to gross sales; and (3) delivers tobacco products or | ||||||
21 | electronic smoking devices to consumers, retail | ||||||
22 | establishments, or other wholesale establishments as part of | ||||||
23 | its business. "Retail tobacco store" does not include a | ||||||
24 | tobacco or electronic smoking device department or section of | ||||||
25 | a larger commercial establishment or any establishment with | ||||||
26 | any type of liquor, food, or restaurant license. Rulemaking |
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1 | authority to implement this amendatory Act of the 95th General | ||||||
2 | Assembly, if any, is conditioned on the rules being adopted in | ||||||
3 | accordance with all provisions of the Illinois Administrative | ||||||
4 | Procedure Act and all rules and procedures of the Joint | ||||||
5 | Committee on Administrative Rules; any purported rule not so | ||||||
6 | adopted, for whatever reason, is unauthorized. | ||||||
7 | "Smoke" or "smoking" means the carrying, smoking, burning, | ||||||
8 | inhaling, or exhaling of any kind of lighted pipe, cigar, | ||||||
9 | cigarette, hookah, weed, herbs, or any other lighted smoking | ||||||
10 | equipment. "Smoke" or "smoking" includes the use of an | ||||||
11 | electronic smoking device. "Smoke" or "smoking" does not | ||||||
12 | include smoking that is associated with a native recognized | ||||||
13 | religious ceremony, ritual, or activity by American Indians | ||||||
14 | that is in accordance with the federal American Indian | ||||||
15 | Religious Freedom Act, 42 U.S.C. 1996 and 1996a.
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16 | "State agency" has the meaning formerly ascribed to it in | ||||||
17 | subsection
(a) of Section 3 of the Illinois Purchasing Act | ||||||
18 | (now repealed).
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19 | "Unit of local government" has the meaning ascribed to it | ||||||
20 | in Section
1 of Article VII of the Illinois Constitution of | ||||||
21 | 1970.
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22 | (Source: P.A. 95-17, eff. 1-1-08; 95-1029, eff. 2-4-09; | ||||||
23 | 96-797, eff. 1-1-10.)".
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