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| Public Act 103-0272
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| HB1540 Enrolled | LRB103 25576 CPF 51925 b |
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AN ACT concerning health.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Smoke Free Illinois Act is amended by |
changing Sections 10 and 35 as follows:
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(410 ILCS 82/10)
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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.
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"Employee" means a person who is employed by an employer |
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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 |
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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 |
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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.
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"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 |
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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, |
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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.
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"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, |
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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, |
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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.
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"State agency" has the meaning formerly ascribed to it in |
subsection
(a) of Section 3 of the Illinois Purchasing Act |
(now repealed).
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"Unit of local government" has the meaning ascribed to it |
in Section
1 of Article VII of the Illinois Constitution of |
1970.
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(Source: P.A. 95-17, eff. 1-1-08; 95-1029, eff. 2-4-09; |
96-797, eff. 1-1-10.)
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(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 |
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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 |
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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
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operated under the authority of the Illinois Department of
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Veterans' Affairs or licensed under the Nursing Home Care |
Act that are accessible only to residents who
are smokers |
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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
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manufacturers and suppliers of tobacco and tobacco
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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
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public; |
(ii) is limited to attendees and exhibitors that
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are 21 years of age or older; |
(iii) is being produced or organized by a business
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relating to tobacco or a professional association for
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convenience stores; and |
(iv) involves the display of tobacco products. |
Smoking is not allowed in any public area outside of
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the hall designated for the meeting or trade show. |
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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.)
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