Bill Text: IL SB1685 | 2009-2010 | 96th General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Smoke Free Illinois Act. In the provision concerning definitions, provides that "smoke" or "smoking" does not include smoking that is associated with a recognized religious ceremony, ritual, or activity.

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Passed) 2009-11-03 - Public Act . . . . . . . . . 96-0797 [SB1685 Detail]

Download: Illinois-2009-SB1685-Introduced.html

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96TH GENERAL ASSEMBLY State of Illinois 2009 and 2010 SB1685 Introduced 2/19/2009, by Sen. John M. Sullivan SYNOPSIS AS INTRODUCED:
410 ILCS 82/10
Amends the Smoke Free Illinois Act. In the provision concerning definitions, provides that "smoke" or "smoking" does not include smoking that is associated with a recognized religious ceremony, ritual, or activity.
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A BILL FOR
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AN ACT concerning public 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 Section 10 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.
"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

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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

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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

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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

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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

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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
or tobacco products, when, as a necessary and integral part of
the process of making, manufacturing, importing, or
distributing a tobacco product for the eventual retail sale of
that tobacco 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)

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satisfies the 80% requirement related to gross sales; and (3)
delivers tobacco products to consumers, retail establishments,
or other wholesale establishments as part of its business.
"Retail tobacco store" does not include a tobacco 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" does not include smoking that
is associated with a recognized religious ceremony, ritual, or
activity.
"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.)