State of Illinois
2023 and 2024


Introduced 2/8/2023, by Sen. Julie A. Morrison


410 ILCS 82/10

    Amends the Smoke Free Illinois Act. Includes the use of alternative nicotine products and electronic cigarettes in the definition of "smoke" or "smoking". Defines "electronic cigarette", "nicotine", and "tobacco product". Effective January 1, 2024.

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1    AN ACT concerning health.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Smoke Free Illinois Act is amended by
5changing Section 10 as follows:
6    (410 ILCS 82/10)
7    Sec. 10. Definitions. In this Act:
8    "Bar" means an establishment that is devoted to the
9serving of alcoholic beverages for consumption by guests on
10the premises and that derives no more than 10% of its gross
11revenue from the sale of food consumed on the premises. "Bar"
12includes, but is not limited to, taverns, nightclubs, cocktail
13lounges, 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
2electronic nicotine delivery system, electronic cigar,
3electronic cigarillo, electronic pipe, electronic hookah, vape
4pen, or similar product or device, and any components or parts
5that can be used to build the product or device. "Electronic
6cigarette" excludes cigarettes as defined in Section 1 of the
7Cigarette Tax Act and tobacco products as defined in Section
810-5 of the Tobacco Products Tax Act of 1995; alternative
9nicotine products as defined in this Section; products
10approved by the United States Food and Drug Administration for
11sale as tobacco cessation products, as tobacco dependence
12products, or for other medical purposes, and marketed and sold
13solely for that approved purpose; asthma inhalers prescribed
14by a physician for that condition and marketed and sold solely
15for that approved purpose; and therapeutic products approved
16for use under the Compassionate Use of Medical Cannabis
17Program Act.
18    "Employee" means a person who is employed by an employer
19in consideration for direct or indirect monetary wages or
20profits or a person who volunteers his or her services for a
21non-profit entity.
22    "Employer" means a person, business, partnership,
23association, or corporation, including a municipal
24corporation, trust, or non-profit entity, that employs the
25services of one or more individual persons.
26    "Enclosed area" means all space between a floor and a



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1ceiling that is enclosed or partially enclosed with (i) solid
2walls or windows, exclusive of doorways, or (ii) solid walls
3with partitions and no windows, exclusive of doorways, that
4extend from the floor to the ceiling, including, without
5limitation, lobbies and corridors.
6    "Enclosed or partially enclosed sports arena" means any
7sports pavilion, stadium, gymnasium, health spa, boxing arena,
8swimming pool, roller rink, ice rink, bowling alley, or other
9similar place where members of the general public assemble to
10engage in physical exercise or participate in athletic
11competitions or recreational activities or to witness sports,
12cultural, recreational, or other events.
13    "Gaming equipment or supplies" means gaming
14equipment/supplies as defined in the Illinois Gaming Board
15Rules of the Illinois Administrative Code.
16    "Gaming facility" means an establishment utilized
17primarily for the purposes of gaming and where gaming
18equipment or supplies are operated for the purposes of
19accruing business revenue.
20    "Healthcare facility" means an office or institution
21providing care or treatment of diseases, whether physical,
22mental, or emotional, or other medical, physiological, or
23psychological conditions, including, but not limited to,
24hospitals, rehabilitation hospitals, weight control clinics,
25nursing homes, homes for the aging or chronically ill,
26laboratories, and offices of surgeons, chiropractors, physical



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1therapists, physicians, dentists, and all specialists within
2these professions. "Healthcare facility" includes all waiting
3rooms, hallways, private rooms, semiprivate rooms, and wards
4within healthcare facilities.
5    "Nicotine" means any form of chemical nicotine, including
6any salt or complex, regardless of whether the chemical is
7naturally or synthetically derived.
8    "Place of employment" means any area under the control of
9a public or private employer that employees are required to
10enter, leave, or pass through during the course of employment,
11including, but not limited to entrances and exits to places of
12employment, including a minimum distance, as set forth in
13Section 70 of this Act, of 15 feet from entrances, exits,
14windows that open, and ventilation intakes that serve an
15enclosed area where smoking is prohibited; offices and work
16areas; restrooms; conference and classrooms; break rooms and
17cafeterias; and other common areas. A private residence or
18home-based business, unless used to provide licensed child
19care, foster care, adult care, or other similar social service
20care on the premises, is not a "place of employment", nor are
21enclosed laboratories, not open to the public, in an
22accredited university or government facility where the
23activity of smoking is exclusively conducted for the purpose
24of medical or scientific health-related research. Rulemaking
25authority to implement this amendatory Act of the 95th General
26Assembly, if any, is conditioned on the rules being adopted in



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1accordance with all provisions of the Illinois Administrative
2Procedure Act and all rules and procedures of the Joint
3Committee on Administrative Rules; any purported rule not so
4adopted, for whatever reason, is unauthorized.
5    "Private club" means a not-for-profit association that (1)
6has been in active and continuous existence for at least 3
7years prior to the effective date of this amendatory Act of the
895th General Assembly, whether incorporated or not, (2) is the
9owner, lessee, or occupant of a building or portion thereof
10used exclusively for club purposes at all times, (3) is
11operated solely for a recreational, fraternal, social,
12patriotic, political, benevolent, or athletic purpose, but not
13for pecuniary gain, and (4) only sells alcoholic beverages
14incidental to its operation. For purposes of this definition,
15"private club" means an organization that is managed by a
16board of directors, executive committee, or similar body
17chosen by the members at an annual meeting, has established
18bylaws, a constitution, or both to govern its activities, and
19has been granted an exemption from the payment of federal
20income tax as a club under 26 U.S.C. 501.
21    "Private residence" means the part of a structure used as
22a dwelling, including, without limitation: a private home,
23townhouse, condominium, apartment, mobile home, vacation home,
24cabin, or cottage. For the purposes of this definition, a
25hotel, motel, inn, resort, lodge, bed and breakfast or other
26similar public accommodation, hospital, nursing home, or



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1assisted living facility shall not be considered a private
3    "Public place" means that portion of any building or
4vehicle used by and open to the public, regardless of whether
5the building or vehicle is owned in whole or in part by private
6persons or entities, the State of Illinois, or any other
7public entity and regardless of whether a fee is charged for
8admission, including a minimum distance, as set forth in
9Section 70 of this Act, of 15 feet from entrances, exits,
10windows that open, and ventilation intakes that serve an
11enclosed area where smoking is prohibited. A "public place"
12does not include a private residence unless the private
13residence is used to provide licensed child care, foster care,
14or other similar social service care on the premises. A
15"public place" includes, but is not limited to, hospitals,
16restaurants, retail stores, offices, commercial
17establishments, elevators, indoor theaters, libraries,
18museums, concert halls, public conveyances, educational
19facilities, nursing homes, auditoriums, enclosed or partially
20enclosed sports arenas, meeting rooms, schools, exhibition
21halls, convention facilities, polling places, private clubs,
22gaming facilities, all government owned vehicles and
23facilities, including buildings and vehicles owned, leased, or
24operated by the State or State subcontract, healthcare
25facilities or clinics, enclosed shopping centers, retail
26service establishments, financial institutions, educational



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1facilities, ticket areas, public hearing facilities, public
2restrooms, waiting areas, lobbies, bars, taverns, bowling
3alleys, skating rinks, reception areas, and no less than 75%
4of the sleeping quarters within a hotel, motel, resort, inn,
5lodge, bed and breakfast, or other similar public
6accommodation that are rented to guests, but excludes private
8    "Restaurant" means (i) an eating establishment, including,
9but not limited to, coffee shops, cafeterias, sandwich stands,
10and private and public school cafeterias, that gives or offers
11for sale food to the public, guests, or employees, and (ii) a
12kitchen or catering facility in which food is prepared on the
13premises for serving elsewhere. "Restaurant" includes a bar
14area within the restaurant.
15    "Retail tobacco store" means a retail establishment that
16derives more than 80% of its gross revenue from the sale of
17loose tobacco, plants, or herbs and cigars, cigarettes, pipes,
18and other smoking devices for burning tobacco and related
19smoking accessories and in which the sale of other products is
20merely incidental. "Retail tobacco store" includes an enclosed
21workplace that manufactures, imports, or distributes tobacco
22or tobacco products, when, as a necessary and integral part of
23the process of making, manufacturing, importing, or
24distributing a tobacco product for the eventual retail sale of
25that tobacco or tobacco product, tobacco is heated, burned, or
26smoked, or a lighted tobacco product is tested, provided that



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1the involved business entity: (1) maintains a specially
2designated area or areas within the workplace for the purpose
3of the heating, burning, smoking, or lighting activities, and
4does 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
7establishments, or other wholesale establishments as part of
8its business. "Retail tobacco store" does not include a
9tobacco department or section of a larger commercial
10establishment or any establishment with any type of liquor,
11food, or restaurant license. Rulemaking authority to implement
12this amendatory Act of the 95th General Assembly, if any, is
13conditioned on the rules being adopted in accordance with all
14provisions of the Illinois Administrative Procedure Act and
15all rules and procedures of the Joint Committee on
16Administrative Rules; any purported rule not so adopted, for
17whatever reason, is unauthorized.
18    "Smoke" or "smoking" means the carrying, smoking, burning,
19inhaling, or exhaling of any kind of lighted pipe, cigar,
20cigarette, hookah, weed, herbs, or any other lighted smoking
21equipment. "Smoke" or "smoking" includes the use of
22alternative nicotine products and electronic cigarettes, as
23defined in this Section. "Smoke" or "smoking" does not include
24smoking that is associated with a native recognized religious
25ceremony, ritual, or activity by American Indians that is in
26accordance with the federal American Indian Religious Freedom



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1Act, 42 U.S.C. 1996 and 1996a.
2    "State agency" has the meaning formerly ascribed to it in
3subsection (a) of Section 3 of the Illinois Purchasing Act
4(now repealed).
5    "Tobacco product" means any product containing or made
6from tobacco that is intended for human consumption, whether
7smoked, heated, chewed, absorbed, dissolved, inhaled, snorted,
8sniffed, or ingested by any other means, including, but not
9limited to, cigarettes, cigars, little cigars, chewing
10tobacco, pipe tobacco, snuff, snus, and any other smokeless
11tobacco product which contains tobacco that is finely cut,
12ground, powdered, or leaf and intended to be placed in the oral
13cavity. "Tobacco product" includes any component, part, and
14accessory of a tobacco product, whether or not sold
15separately. "Tobacco product" excludes electronic cigarettes;
16alternative nicotine products; and products that have been
17approved by the United States Food and Drug Administration for
18sale as tobacco cessation products, as tobacco dependence
19products, or for other medical purposes, marketed and sold
20solely for that approved purpose.
21    "Unit of local government" has the meaning ascribed to it
22in Section 1 of Article VII of the Illinois Constitution of
24(Source: P.A. 95-17, eff. 1-1-08; 95-1029, eff. 2-4-09;
2596-797, eff. 1-1-10.)
26    Section 99. Effective date. This Act takes effect January



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11, 2024.