Public Act 103-0272
 
HB1540 EnrolledLRB103 25576 CPF 51925 b

    AN ACT concerning health.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Smoke Free Illinois Act is amended by
changing Sections 10 and 35 as follows:
 
    (410 ILCS 82/10)
    Sec. 10. Definitions. In this Act:
    "Bar" means an establishment that is devoted to the
serving of alcoholic beverages for consumption by guests on
the premises and that derives no more than 10% of its gross
revenue from the sale of food consumed on the premises. "Bar"
includes, but is not limited to, taverns, nightclubs, cocktail
lounges, adult entertainment facilities, and cabarets.
    "Department" means the Department of Public Health.
    "Electronic cigarette" means any product containing or
delivering nicotine or any other substance intended for human
consumption that can be used by a person in any manner for the
purpose of inhaling vapor or aerosol from the product.
"Electronic cigarette" includes any such product, whether
manufactured, distributed, marketed, or sold as an
e-cigarette, e-cigar, e-pipe, e-hookah, or vape pen or under
any other product name or descriptor.
    "Employee" means a person who is employed by an employer
in consideration for direct or indirect monetary wages or
profits or a person who volunteers his or her services for a
non-profit entity.
    "Employer" means a person, business, partnership,
association, or corporation, including a municipal
corporation, trust, or non-profit entity, that employs the
services of one or more individual persons.
    "Enclosed area" means all space between a floor and a
ceiling that is enclosed or partially enclosed with (i) solid
walls or windows, exclusive of doorways, or (ii) solid walls
with partitions and no windows, exclusive of doorways, that
extend from the floor to the ceiling, including, without
limitation, lobbies and corridors.
    "Enclosed or partially enclosed sports arena" means any
sports pavilion, stadium, gymnasium, health spa, boxing arena,
swimming pool, roller rink, ice rink, bowling alley, or other
similar place where members of the general public assemble to
engage in physical exercise or participate in athletic
competitions or recreational activities or to witness sports,
cultural, recreational, or other events.
    "Gaming equipment or supplies" means gaming
equipment/supplies as defined in the Illinois Gaming Board
Rules of the Illinois Administrative Code.
    "Gaming facility" means an establishment utilized
primarily for the purposes of gaming and where gaming
equipment or supplies are operated for the purposes of
accruing business revenue.
    "Healthcare facility" means an office or institution
providing care or treatment of diseases, whether physical,
mental, or emotional, or other medical, physiological, or
psychological conditions, including, but not limited to,
hospitals, rehabilitation hospitals, weight control clinics,
nursing homes, homes for the aging or chronically ill,
laboratories, and offices of surgeons, chiropractors, physical
therapists, physicians, dentists, and all specialists within
these professions. "Healthcare facility" includes all waiting
rooms, hallways, private rooms, semiprivate rooms, and wards
within healthcare facilities.
    "Place of employment" means any area under the control of
a public or private employer that employees are required to
enter, leave, or pass through during the course of employment,
including, but not limited to entrances and exits to places of
employment, including a minimum distance, as set forth in
Section 70 of this Act, of 15 feet from entrances, exits,
windows that open, and ventilation intakes that serve an
enclosed area where smoking is prohibited; offices and work
areas; restrooms; conference and classrooms; break rooms and
cafeterias; and other common areas. A private residence or
home-based business, unless used to provide licensed child
care, foster care, adult care, or other similar social service
care on the premises, is not a "place of employment", nor are
enclosed laboratories, not open to the public, in an
accredited university or government facility where the
activity of smoking is exclusively conducted for the purpose
of medical or scientific health-related research. Rulemaking
authority to implement this amendatory Act of the 95th General
Assembly, if any, is conditioned on the rules being adopted in
accordance with all provisions of the Illinois Administrative
Procedure Act and all rules and procedures of the Joint
Committee on Administrative Rules; any purported rule not so
adopted, for whatever reason, is unauthorized.
    "Private club" means a not-for-profit association that (1)
has been in active and continuous existence for at least 3
years prior to the effective date of this amendatory Act of the
95th General Assembly, whether incorporated or not, (2) is the
owner, lessee, or occupant of a building or portion thereof
used exclusively for club purposes at all times, (3) is
operated solely for a recreational, fraternal, social,
patriotic, political, benevolent, or athletic purpose, but not
for pecuniary gain, and (4) only sells alcoholic beverages
incidental to its operation. For purposes of this definition,
"private club" means an organization that is managed by a
board of directors, executive committee, or similar body
chosen by the members at an annual meeting, has established
bylaws, a constitution, or both to govern its activities, and
has been granted an exemption from the payment of federal
income tax as a club under 26 U.S.C. 501.
    "Private residence" means the part of a structure used as
a dwelling, including, without limitation: a private home,
townhouse, condominium, apartment, mobile home, vacation home,
cabin, or cottage. For the purposes of this definition, a
hotel, motel, inn, resort, lodge, bed and breakfast or other
similar public accommodation, hospital, nursing home, or
assisted living facility shall not be considered a private
residence.
    "Public place" means that portion of any building or
vehicle used by and open to the public, regardless of whether
the building or vehicle is owned in whole or in part by private
persons or entities, the State of Illinois, or any other
public entity and regardless of whether a fee is charged for
admission, including a minimum distance, as set forth in
Section 70 of this Act, of 15 feet from entrances, exits,
windows that open, and ventilation intakes that serve an
enclosed area where smoking is prohibited. A "public place"
does not include a private residence unless the private
residence is used to provide licensed child care, foster care,
or other similar social service care on the premises. A
"public place" includes, but is not limited to, hospitals,
restaurants, retail stores, offices, commercial
establishments, elevators, indoor theaters, libraries,
museums, concert halls, public conveyances, educational
facilities, nursing homes, auditoriums, enclosed or partially
enclosed sports arenas, meeting rooms, schools, exhibition
halls, convention facilities, polling places, private clubs,
gaming facilities, all government owned vehicles and
facilities, including buildings and vehicles owned, leased, or
operated by the State or State subcontract, healthcare
facilities or clinics, enclosed shopping centers, retail
service establishments, financial institutions, educational
facilities, ticket areas, public hearing facilities, public
restrooms, waiting areas, lobbies, bars, taverns, bowling
alleys, skating rinks, reception areas, and no less than 75%
of the sleeping quarters within a hotel, motel, resort, inn,
lodge, bed and breakfast, or other similar public
accommodation that are rented to guests, but excludes private
residences.
    "Restaurant" means (i) an eating establishment, including,
but not limited to, coffee shops, cafeterias, sandwich stands,
and private and public school cafeterias, that gives or offers
for sale food to the public, guests, or employees, and (ii) a
kitchen or catering facility in which food is prepared on the
premises for serving elsewhere. "Restaurant" includes a bar
area within the restaurant.
    "Retail tobacco store" means a retail establishment that
derives more than 80% of its gross revenue from the sale of
loose tobacco, plants, or herbs and cigars, cigarettes, pipes,
and other smoking devices for burning tobacco and related
smoking accessories and in which the sale of other products is
merely incidental. "Retail tobacco store" includes an enclosed
workplace that manufactures, imports, or distributes tobacco,
electronic cigarettes, or tobacco products, when, as a
necessary and integral part of the process of making,
manufacturing, importing, or distributing a tobacco product or
electronic cigarette for the eventual retail sale of that
tobacco, electronic cigarette, or tobacco product, tobacco is
heated, burned, or smoked, or a lighted tobacco product is
tested, provided that the involved business entity: (1)
maintains a specially designated area or areas within the
workplace for the purpose of the heating, burning, smoking, or
lighting activities, and does not create a facility that
permits smoking throughout; (2) satisfies the 80% requirement
related to gross sales; and (3) delivers tobacco products or
electronic cigarettes to consumers, retail establishments, or
other wholesale establishments as part of its business.
"Retail tobacco store" does not include a tobacco or
electronic cigarette department or section of a larger
commercial establishment or any establishment with any type of
liquor, food, or restaurant license. Rulemaking authority to
implement this amendatory Act of the 95th General Assembly, if
any, is conditioned on the rules being adopted in accordance
with all provisions of the Illinois Administrative Procedure
Act and all rules and procedures of the Joint Committee on
Administrative Rules; any purported rule not so adopted, for
whatever reason, is unauthorized.
    "Smoke" or "smoking" means the carrying, smoking, burning,
inhaling, or exhaling of any kind of lighted pipe, cigar,
cigarette, hookah, weed, herbs, or any other lighted smoking
equipment. "Smoke" or "smoking" includes the use of an
electronic cigarette. "Smoke" or "smoking" does not include
smoking that is associated with a native recognized religious
ceremony, ritual, or activity by American Indians that is in
accordance with the federal American Indian Religious Freedom
Act, 42 U.S.C. 1996 and 1996a.
    "State agency" has the meaning formerly ascribed to it in
subsection (a) of Section 3 of the Illinois Purchasing Act
(now repealed).
    "Unit of local government" has the meaning ascribed to it
in Section 1 of Article VII of the Illinois Constitution of
1970.
(Source: P.A. 95-17, eff. 1-1-08; 95-1029, eff. 2-4-09;
96-797, eff. 1-1-10.)
 
    (410 ILCS 82/35)
    Sec. 35. Exemptions. Notwithstanding any other provision
of this Act, smoking is allowed in the following areas:
        (1) Private residences or dwelling places, except when
    used as a child care, adult day care, or healthcare
    facility or any other home-based business open to the
    public.
        (2) Retail tobacco stores as defined in Section 10 of
    this Act in operation prior to the effective date of this
    amendatory Act of the 95th General Assembly. The retail
    tobacco store shall annually file with the Department by
    January 31st an affidavit stating the percentage of its
    gross income during the prior calendar year that was
    derived from the sale of loose tobacco, plants, or herbs
    and cigars, cigarettes, pipes, or other smoking devices
    for smoking tobacco and related smoking accessories. Any
    retail tobacco store that begins operation after the
    effective date of this amendatory Act may only qualify for
    an exemption if located in a freestanding structure
    occupied solely by the business and smoke from the
    business does not migrate into an enclosed area where
    smoking is prohibited. A retail tobacco store that derives
    at least 80% of its gross revenue from the sale of
    electronic cigarettes and electronic cigarette equipment
    and accessories in operation before the effective date of
    this amendatory Act of the 103rd General Assembly
    qualifies for this exemption for electronic cigarettes
    only. A retail tobacco store claiming an exemption for
    electronic cigarettes shall annually file with the
    Department by January 31 an affidavit stating the
    percentage of its gross income during the prior calendar
    year that was derived from the sale of electronic
    cigarettes. A retail tobacco store may, with authorization
    or permission from a unit of local government, including a
    home rule unit, or any non-home rule county within the
    unincorporated territory of the county, allow the
    on-premises consumption of cannabis in a specially
    designated areas.
        (3) (Blank).
        (4) Hotel and motel sleeping rooms that are rented to
    guests and are designated as smoking rooms, provided that
    all smoking rooms on the same floor must be contiguous and
    smoke from these rooms must not infiltrate into nonsmoking
    rooms or other areas where smoking is prohibited. Not more
    than 25% of the rooms rented to guests in a hotel or motel
    may be designated as rooms where smoking is allowed. The
    status of rooms as smoking or nonsmoking may not be
    changed, except to permanently add additional nonsmoking
    rooms.
        (5) Enclosed laboratories that are excluded from the
    definition of "place of employment" in Section 10 of this
    Act. Rulemaking authority to implement this amendatory Act
    of the 95th General Assembly, if any, is conditioned on
    the rules being adopted in accordance with all provisions
    of the Illinois Administrative Procedure Act and all rules
    and procedures of the Joint Committee on Administrative
    Rules; any purported rule not so adopted, for whatever
    reason, is unauthorized.
        (6) Common smoking rooms in long-term care facilities
    operated under the authority of the Illinois Department of
    Veterans' Affairs or licensed under the Nursing Home Care
    Act that are accessible only to residents who are smokers
    and have requested in writing to have access to the common
    smoking room where smoking is permitted and the smoke
    shall not infiltrate other areas of the long-term care
    facility. Rulemaking authority to implement this
    amendatory Act of the 95th General Assembly, if any, is
    conditioned on the rules being adopted in accordance with
    all provisions of the Illinois Administrative Procedure
    Act and all rules and procedures of the Joint Committee on
    Administrative Rules; any purported rule not so adopted,
    for whatever reason, is unauthorized.
        (7) A convention hall of the Donald E. Stephens
    Convention Center where a meeting or trade show for
    manufacturers and suppliers of tobacco and tobacco
    products and accessories is being held, during the time
    the meeting or trade show is occurring, if the meeting or
    trade show:
            (i) is a trade-only event and not open to the
        public;
            (ii) is limited to attendees and exhibitors that
        are 21 years of age or older;
            (iii) is being produced or organized by a business
        relating to tobacco or a professional association for
        convenience stores; and
            (iv) involves the display of tobacco products.
        Smoking is not allowed in any public area outside of
    the hall designated for the meeting or trade show.
        This paragraph (7) is inoperative on and after October
    1, 2015.
        (8) A dispensing organization, as defined in the
    Cannabis Regulation and Tax Act, authorized or permitted
    by a unit local government to allow on-site consumption of
    cannabis, if the establishment: (1) maintains a specially
    designated area or areas for the purpose of heating,
    burning, smoking, or lighting cannabis; (2) is limited to
    individuals 21 or older; and (3) maintains a locked door
    or barrier to any specially designated areas for the
    purpose of heating, burning, smoking or lighting cannabis.
(Source: P.A. 101-593, eff. 12-4-19.)