SB1561 EngrossedLRB103 27713 CPF 54090 b

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 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
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 any product containing or
16delivering nicotine or any other substance intended for human
17consumption that can be used by a person in any manner for the
18purpose of inhaling vapor or aerosol from the product.
19"Electronic cigarette" includes any such product, whether
20manufactured, distributed, marketed, or sold as an
21e-cigarette, e-cigar, e-pipe, e-hookah, or vape pen or under
22any other product name or descriptor.
23    "Employee" means a person who is employed by an employer



SB1561 Engrossed- 2 -LRB103 27713 CPF 54090 b

1in consideration for direct or indirect monetary wages or
2profits or a person who volunteers his or her services for a
3non-profit entity.
4    "Employer" means a person, business, partnership,
5association, or corporation, including a municipal
6corporation, trust, or non-profit entity, that employs the
7services of one or more individual persons.
8    "Enclosed area" means all space between a floor and a
9ceiling that is enclosed or partially enclosed with (i) solid
10walls or windows, exclusive of doorways, or (ii) solid walls
11with partitions and no windows, exclusive of doorways, that
12extend from the floor to the ceiling, including, without
13limitation, lobbies and corridors.
14    "Enclosed or partially enclosed sports arena" means any
15sports pavilion, stadium, gymnasium, health spa, boxing arena,
16swimming pool, roller rink, ice rink, bowling alley, or other
17similar place where members of the general public assemble to
18engage in physical exercise or participate in athletic
19competitions or recreational activities or to witness sports,
20cultural, recreational, or other events.
21    "Gaming equipment or supplies" means gaming
22equipment/supplies as defined in the Illinois Gaming Board
23Rules of the Illinois Administrative Code.
24    "Gaming facility" means an establishment utilized
25primarily for the purposes of gaming and where gaming
26equipment or supplies are operated for the purposes of



SB1561 Engrossed- 3 -LRB103 27713 CPF 54090 b

1accruing business revenue.
2    "Healthcare facility" means an office or institution
3providing care or treatment of diseases, whether physical,
4mental, or emotional, or other medical, physiological, or
5psychological conditions, including, but not limited to,
6hospitals, rehabilitation hospitals, weight control clinics,
7nursing homes, homes for the aging or chronically ill,
8laboratories, and offices of surgeons, chiropractors, physical
9therapists, physicians, dentists, and all specialists within
10these professions. "Healthcare facility" includes all waiting
11rooms, hallways, private rooms, semiprivate rooms, and wards
12within healthcare facilities.
13    "Place of employment" means any area under the control of
14a public or private employer that employees are required to
15enter, leave, or pass through during the course of employment,
16including, but not limited to entrances and exits to places of
17employment, including a minimum distance, as set forth in
18Section 70 of this Act, of 15 feet from entrances, exits,
19windows that open, and ventilation intakes that serve an
20enclosed area where smoking is prohibited; offices and work
21areas; restrooms; conference and classrooms; break rooms and
22cafeterias; and other common areas. A private residence or
23home-based business, unless used to provide licensed child
24care, foster care, adult care, or other similar social service
25care on the premises, is not a "place of employment", nor are
26enclosed laboratories, not open to the public, in an



SB1561 Engrossed- 4 -LRB103 27713 CPF 54090 b

1accredited university or government facility where the
2activity of smoking is exclusively conducted for the purpose
3of medical or scientific health-related research. Rulemaking
4authority to implement this amendatory Act of the 95th General
5Assembly, if any, is conditioned on the rules being adopted in
6accordance with all provisions of the Illinois Administrative
7Procedure Act and all rules and procedures of the Joint
8Committee on Administrative Rules; any purported rule not so
9adopted, for whatever reason, is unauthorized.
10    "Private club" means a not-for-profit association that (1)
11has been in active and continuous existence for at least 3
12years prior to the effective date of this amendatory Act of the
1395th General Assembly, whether incorporated or not, (2) is the
14owner, lessee, or occupant of a building or portion thereof
15used exclusively for club purposes at all times, (3) is
16operated solely for a recreational, fraternal, social,
17patriotic, political, benevolent, or athletic purpose, but not
18for pecuniary gain, and (4) only sells alcoholic beverages
19incidental to its operation. For purposes of this definition,
20"private club" means an organization that is managed by a
21board of directors, executive committee, or similar body
22chosen by the members at an annual meeting, has established
23bylaws, a constitution, or both to govern its activities, and
24has been granted an exemption from the payment of federal
25income tax as a club under 26 U.S.C. 501.
26    "Private residence" means the part of a structure used as



SB1561 Engrossed- 5 -LRB103 27713 CPF 54090 b

1a dwelling, including, without limitation: a private home,
2townhouse, condominium, apartment, mobile home, vacation home,
3cabin, or cottage. For the purposes of this definition, a
4hotel, motel, inn, resort, lodge, bed and breakfast or other
5similar public accommodation, hospital, nursing home, or
6assisted living facility shall not be considered a private
8    "Public place" means that portion of any building or
9vehicle used by and open to the public, regardless of whether
10the building or vehicle is owned in whole or in part by private
11persons or entities, the State of Illinois, or any other
12public entity and regardless of whether a fee is charged for
13admission, including a minimum distance, as set forth in
14Section 70 of this Act, of 15 feet from entrances, exits,
15windows that open, and ventilation intakes that serve an
16enclosed area where smoking is prohibited. A "public place"
17does not include a private residence unless the private
18residence is used to provide licensed child care, foster care,
19or other similar social service care on the premises. A
20"public place" includes, but is not limited to, hospitals,
21restaurants, retail stores, offices, commercial
22establishments, elevators, indoor theaters, libraries,
23museums, concert halls, public conveyances, educational
24facilities, nursing homes, auditoriums, enclosed or partially
25enclosed sports arenas, meeting rooms, schools, exhibition
26halls, convention facilities, polling places, private clubs,



SB1561 Engrossed- 6 -LRB103 27713 CPF 54090 b

1gaming facilities, all government owned vehicles and
2facilities, including buildings and vehicles owned, leased, or
3operated by the State or State subcontract, healthcare
4facilities or clinics, enclosed shopping centers, retail
5service establishments, financial institutions, educational
6facilities, ticket areas, public hearing facilities, public
7restrooms, waiting areas, lobbies, bars, taverns, bowling
8alleys, skating rinks, reception areas, and no less than 75%
9of the sleeping quarters within a hotel, motel, resort, inn,
10lodge, bed and breakfast, or other similar public
11accommodation that are rented to guests, but excludes private
13    "Restaurant" means (i) an eating establishment, including,
14but not limited to, coffee shops, cafeterias, sandwich stands,
15and private and public school cafeterias, that gives or offers
16for sale food to the public, guests, or employees, and (ii) a
17kitchen or catering facility in which food is prepared on the
18premises for serving elsewhere. "Restaurant" includes a bar
19area within the restaurant.
20    "Retail tobacco store" means a retail establishment that
21derives more than 80% of its gross revenue from the sale of
22loose tobacco, plants, or herbs and cigars, cigarettes, pipes,
23and other smoking devices for burning tobacco and related
24smoking accessories and in which the sale of other products is
25merely incidental. "Retail tobacco store" includes an enclosed
26workplace that manufactures, imports, or distributes tobacco,



SB1561 Engrossed- 7 -LRB103 27713 CPF 54090 b

1electronic cigarettes, or tobacco products, when, as a
2necessary and integral part of the process of making,
3manufacturing, importing, or distributing a tobacco product or
4electronic cigarette for the eventual retail sale of that
5tobacco, electronic cigarette, or tobacco product, tobacco is
6heated, burned, or smoked, or a lighted tobacco product is
7tested, provided that the involved business entity: (1)
8maintains a specially designated area or areas within the
9workplace for the purpose of the heating, burning, smoking, or
10lighting activities, and does not create a facility that
11permits smoking throughout; (2) satisfies the 80% requirement
12related to gross sales; and (3) delivers tobacco products or
13electronic cigarettes to consumers, retail establishments, or
14other wholesale establishments as part of its business.
15"Retail tobacco store" does not include a tobacco or
16electronic cigarette department or section of a larger
17commercial establishment or any establishment with any type of
18liquor, food, or restaurant license. Rulemaking authority to
19implement this amendatory Act of the 95th General Assembly, if
20any, is conditioned on the rules being adopted in accordance
21with all provisions of the Illinois Administrative Procedure
22Act and all rules and procedures of the Joint Committee on
23Administrative Rules; any purported rule not so adopted, for
24whatever reason, is unauthorized.
25    "Smoke" or "smoking" means the carrying, smoking, burning,
26inhaling, or exhaling of any kind of lighted pipe, cigar,



SB1561 Engrossed- 8 -LRB103 27713 CPF 54090 b

1cigarette, hookah, weed, herbs, or any other lighted smoking
2equipment. "Smoke" or "smoking" includes the use of an
3electronic cigarette. "Smoke" or "smoking" does not include
4smoking that is associated with a native recognized religious
5ceremony, ritual, or activity by American Indians that is in
6accordance with the federal American Indian Religious Freedom
7Act, 42 U.S.C. 1996 and 1996a.
8    "State agency" has the meaning formerly ascribed to it in
9subsection (a) of Section 3 of the Illinois Purchasing Act
10(now repealed).
11    "Unit of local government" has the meaning ascribed to it
12in Section 1 of Article VII of the Illinois Constitution of
14(Source: P.A. 95-17, eff. 1-1-08; 95-1029, eff. 2-4-09;
1596-797, eff. 1-1-10.)
16    (410 ILCS 82/35)
17    Sec. 35. Exemptions. Notwithstanding any other provision
18of 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



SB1561 Engrossed- 9 -LRB103 27713 CPF 54090 b

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



SB1561 Engrossed- 10 -LRB103 27713 CPF 54090 b

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



SB1561 Engrossed- 11 -LRB103 27713 CPF 54090 b

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.



SB1561 Engrossed- 12 -LRB103 27713 CPF 54090 b

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.)