Sen. Julie A. Morrison

Filed: 3/2/2023





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2    AMENDMENT NO. ______. Amend Senate Bill 1561 by replacing
3everything after the enacting clause with the following:
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



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1consumption that can be used by a person in any manner for the
2purpose of inhaling vapor or aerosol from the product.
3"Electronic cigarette" includes any such product, whether
4manufactured, distributed, marketed, or sold as an
5e-cigarette, e-cigar, e-pipe, e-hookah, or vape pen or under
6any other product name or descriptor.
7    "Employee" means a person who is employed by an employer
8in consideration for direct or indirect monetary wages or
9profits or a person who volunteers his or her services for a
10non-profit entity.
11    "Employer" means a person, business, partnership,
12association, or corporation, including a municipal
13corporation, trust, or non-profit entity, that employs the
14services of one or more individual persons.
15    "Enclosed area" means all space between a floor and a
16ceiling that is enclosed or partially enclosed with (i) solid
17walls or windows, exclusive of doorways, or (ii) solid walls
18with partitions and no windows, exclusive of doorways, that
19extend from the floor to the ceiling, including, without
20limitation, lobbies and corridors.
21    "Enclosed or partially enclosed sports arena" means any
22sports pavilion, stadium, gymnasium, health spa, boxing arena,
23swimming pool, roller rink, ice rink, bowling alley, or other
24similar place where members of the general public assemble to
25engage in physical exercise or participate in athletic
26competitions or recreational activities or to witness sports,



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1cultural, recreational, or other events.
2    "Gaming equipment or supplies" means gaming
3equipment/supplies as defined in the Illinois Gaming Board
4Rules of the Illinois Administrative Code.
5    "Gaming facility" means an establishment utilized
6primarily for the purposes of gaming and where gaming
7equipment or supplies are operated for the purposes of
8accruing business revenue.
9    "Healthcare facility" means an office or institution
10providing care or treatment of diseases, whether physical,
11mental, or emotional, or other medical, physiological, or
12psychological conditions, including, but not limited to,
13hospitals, rehabilitation hospitals, weight control clinics,
14nursing homes, homes for the aging or chronically ill,
15laboratories, and offices of surgeons, chiropractors, physical
16therapists, physicians, dentists, and all specialists within
17these professions. "Healthcare facility" includes all waiting
18rooms, hallways, private rooms, semiprivate rooms, and wards
19within healthcare facilities.
20    "Place of employment" means any area under the control of
21a public or private employer that employees are required to
22enter, leave, or pass through during the course of employment,
23including, but not limited to entrances and exits to places of
24employment, including a minimum distance, as set forth in
25Section 70 of this Act, of 15 feet from entrances, exits,
26windows that open, and ventilation intakes that serve an



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1enclosed area where smoking is prohibited; offices and work
2areas; restrooms; conference and classrooms; break rooms and
3cafeterias; and other common areas. A private residence or
4home-based business, unless used to provide licensed child
5care, foster care, adult care, or other similar social service
6care on the premises, is not a "place of employment", nor are
7enclosed laboratories, not open to the public, in an
8accredited university or government facility where the
9activity of smoking is exclusively conducted for the purpose
10of medical or scientific health-related research. Rulemaking
11authority to implement this amendatory Act of the 95th General
12Assembly, if any, is conditioned on the rules being adopted in
13accordance with all provisions of the Illinois Administrative
14Procedure Act and all rules and procedures of the Joint
15Committee on Administrative Rules; any purported rule not so
16adopted, for whatever reason, is unauthorized.
17    "Private club" means a not-for-profit association that (1)
18has been in active and continuous existence for at least 3
19years prior to the effective date of this amendatory Act of the
2095th General Assembly, whether incorporated or not, (2) is the
21owner, lessee, or occupant of a building or portion thereof
22used exclusively for club purposes at all times, (3) is
23operated solely for a recreational, fraternal, social,
24patriotic, political, benevolent, or athletic purpose, but not
25for pecuniary gain, and (4) only sells alcoholic beverages
26incidental to its operation. For purposes of this definition,



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1"private club" means an organization that is managed by a
2board of directors, executive committee, or similar body
3chosen by the members at an annual meeting, has established
4bylaws, a constitution, or both to govern its activities, and
5has been granted an exemption from the payment of federal
6income tax as a club under 26 U.S.C. 501.
7    "Private residence" means the part of a structure used as
8a dwelling, including, without limitation: a private home,
9townhouse, condominium, apartment, mobile home, vacation home,
10cabin, or cottage. For the purposes of this definition, a
11hotel, motel, inn, resort, lodge, bed and breakfast or other
12similar public accommodation, hospital, nursing home, or
13assisted living facility shall not be considered a private
15    "Public place" means that portion of any building or
16vehicle used by and open to the public, regardless of whether
17the building or vehicle is owned in whole or in part by private
18persons or entities, the State of Illinois, or any other
19public entity and regardless of whether a fee is charged for
20admission, including a minimum distance, as set forth in
21Section 70 of this Act, of 15 feet from entrances, exits,
22windows that open, and ventilation intakes that serve an
23enclosed area where smoking is prohibited. A "public place"
24does not include a private residence unless the private
25residence is used to provide licensed child care, foster care,
26or other similar social service care on the premises. A



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1"public place" includes, but is not limited to, hospitals,
2restaurants, retail stores, offices, commercial
3establishments, elevators, indoor theaters, libraries,
4museums, concert halls, public conveyances, educational
5facilities, nursing homes, auditoriums, enclosed or partially
6enclosed sports arenas, meeting rooms, schools, exhibition
7halls, convention facilities, polling places, private clubs,
8gaming facilities, all government owned vehicles and
9facilities, including buildings and vehicles owned, leased, or
10operated by the State or State subcontract, healthcare
11facilities or clinics, enclosed shopping centers, retail
12service establishments, financial institutions, educational
13facilities, ticket areas, public hearing facilities, public
14restrooms, waiting areas, lobbies, bars, taverns, bowling
15alleys, skating rinks, reception areas, and no less than 75%
16of the sleeping quarters within a hotel, motel, resort, inn,
17lodge, bed and breakfast, or other similar public
18accommodation that are rented to guests, but excludes private
20    "Restaurant" means (i) an eating establishment, including,
21but not limited to, coffee shops, cafeterias, sandwich stands,
22and private and public school cafeterias, that gives or offers
23for sale food to the public, guests, or employees, and (ii) a
24kitchen or catering facility in which food is prepared on the
25premises for serving elsewhere. "Restaurant" includes a bar
26area within the restaurant.



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1    "Retail tobacco store" means a retail establishment that
2derives more than 80% of its gross revenue from the sale of
3loose tobacco, plants, or herbs and cigars, cigarettes, pipes,
4and other smoking devices for burning tobacco and related
5smoking accessories and in which the sale of other products is
6merely incidental. "Retail tobacco store" includes an enclosed
7workplace that manufactures, imports, or distributes tobacco,
8electronic cigarettes, or tobacco products, when, as a
9necessary and integral part of the process of making,
10manufacturing, importing, or distributing a tobacco product or
11electronic cigarette for the eventual retail sale of that
12tobacco, electronic cigarette, or tobacco product, tobacco is
13heated, burned, or smoked, or a lighted tobacco product is
14tested, provided that the involved business entity: (1)
15maintains a specially designated area or areas within the
16workplace for the purpose of the heating, burning, smoking, or
17lighting activities, and does not create a facility that
18permits smoking throughout; (2) satisfies the 80% requirement
19related to gross sales; and (3) delivers tobacco products or
20electronic cigarettes to consumers, retail establishments, or
21other wholesale establishments as part of its business.
22"Retail tobacco store" does not include a tobacco or
23electronic cigarette department or section of a larger
24commercial establishment or any establishment with any type of
25liquor, food, or restaurant license. Rulemaking authority to
26implement this amendatory Act of the 95th General Assembly, if



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1any, is conditioned on the rules being adopted in accordance
2with all provisions of the Illinois Administrative Procedure
3Act and all rules and procedures of the Joint Committee on
4Administrative Rules; any purported rule not so adopted, for
5whatever reason, is unauthorized.
6    "Smoke" or "smoking" means the carrying, smoking, burning,
7inhaling, or exhaling of any kind of lighted pipe, cigar,
8cigarette, hookah, weed, herbs, or any other lighted smoking
9equipment. "Smoke" or "smoking" includes the use of an
10electronic cigarette. "Smoke" or "smoking" does not include
11smoking that is associated with a native recognized religious
12ceremony, ritual, or activity by American Indians that is in
13accordance with the federal American Indian Religious Freedom
14Act, 42 U.S.C. 1996 and 1996a.
15    "State agency" has the meaning formerly ascribed to it in
16subsection (a) of Section 3 of the Illinois Purchasing Act
17(now repealed).
18    "Unit of local government" has the meaning ascribed to it
19in Section 1 of Article VII of the Illinois Constitution of
21(Source: P.A. 95-17, eff. 1-1-08; 95-1029, eff. 2-4-09;
2296-797, eff. 1-1-10.)
23    (410 ILCS 82/35)
24    Sec. 35. Exemptions. Notwithstanding any other provision
25of this Act, smoking is allowed in the following areas:



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1        (1) Private residences or dwelling places, except when
2    used as a child care, adult day care, or healthcare
3    facility or any other home-based business open to the
4    public.
5        (2) Retail tobacco stores as defined in Section 10 of
6    this Act in operation prior to the effective date of this
7    amendatory Act of the 95th General Assembly. The retail
8    tobacco store shall annually file with the Department by
9    January 31st an affidavit stating the percentage of its
10    gross income during the prior calendar year that was
11    derived from the sale of loose tobacco, plants, or herbs
12    and cigars, cigarettes, pipes, or other smoking devices
13    for smoking tobacco and related smoking accessories. Any
14    retail tobacco store that begins operation after the
15    effective date of this amendatory Act may only qualify for
16    an exemption if located in a freestanding structure
17    occupied solely by the business and smoke from the
18    business does not migrate into an enclosed area where
19    smoking is prohibited. A retail tobacco store that derives
20    at least 80% of its gross revenue from the sale of
21    electronic cigarettes and electronic cigarette equipment
22    and accessories in operation before the effective date of
23    this amendatory Act of the 103rd General Assembly
24    qualifies for this exemption for electronic cigarettes
25    only. A retail tobacco store claiming an exemption for
26    electronic cigarettes shall annually file with the



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1    Department by January 31 an affidavit stating the
2    percentage of its gross income during the prior calendar
3    year that was derived from the sale of electronic
4    cigarettes. A retail tobacco store may, with authorization
5    or permission from a unit of local government, including a
6    home rule unit, or any non-home rule county within the
7    unincorporated territory of the county, allow the
8    on-premises consumption of cannabis in a specially
9    designated areas.
10        (3) (Blank).
11        (4) Hotel and motel sleeping rooms that are rented to
12    guests and are designated as smoking rooms, provided that
13    all smoking rooms on the same floor must be contiguous and
14    smoke from these rooms must not infiltrate into nonsmoking
15    rooms or other areas where smoking is prohibited. Not more
16    than 25% of the rooms rented to guests in a hotel or motel
17    may be designated as rooms where smoking is allowed. The
18    status of rooms as smoking or nonsmoking may not be
19    changed, except to permanently add additional nonsmoking
20    rooms.
21        (5) Enclosed laboratories that are excluded from the
22    definition of "place of employment" in Section 10 of this
23    Act. Rulemaking authority to implement this amendatory Act
24    of the 95th General Assembly, if any, is conditioned on
25    the rules being adopted in accordance with all provisions
26    of the Illinois Administrative Procedure Act and all rules



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1    and procedures of the Joint Committee on Administrative
2    Rules; any purported rule not so adopted, for whatever
3    reason, is unauthorized.
4        (6) Common smoking rooms in long-term care facilities
5    operated under the authority of the Illinois Department of
6    Veterans' Affairs or licensed under the Nursing Home Care
7    Act that are accessible only to residents who are smokers
8    and have requested in writing to have access to the common
9    smoking room where smoking is permitted and the smoke
10    shall not infiltrate other areas of the long-term care
11    facility. Rulemaking authority to implement this
12    amendatory Act of the 95th General Assembly, if any, is
13    conditioned on the rules being adopted in accordance with
14    all provisions of the Illinois Administrative Procedure
15    Act and all rules and procedures of the Joint Committee on
16    Administrative Rules; any purported rule not so adopted,
17    for whatever reason, is unauthorized.
18        (7) A convention hall of the Donald E. Stephens
19    Convention Center where a meeting or trade show for
20    manufacturers and suppliers of tobacco and tobacco
21    products and accessories is being held, during the time
22    the meeting or trade show is occurring, if the meeting or
23    trade show:
24            (i) is a trade-only event and not open to the
25        public;
26            (ii) is limited to attendees and exhibitors that



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1        are 21 years of age or older;
2            (iii) is being produced or organized by a business
3        relating to tobacco or a professional association for
4        convenience stores; and
5            (iv) involves the display of tobacco products.
6        Smoking is not allowed in any public area outside of
7    the hall designated for the meeting or trade show.
8        This paragraph (7) is inoperative on and after October
9    1, 2015.
10        (8) A dispensing organization, as defined in the
11    Cannabis Regulation and Tax Act, authorized or permitted
12    by a unit local government to allow on-site consumption of
13    cannabis, if the establishment: (1) maintains a specially
14    designated area or areas for the purpose of heating,
15    burning, smoking, or lighting cannabis; (2) is limited to
16    individuals 21 or older; and (3) maintains a locked door
17    or barrier to any specially designated areas for the
18    purpose of heating, burning, smoking or lighting cannabis.
19(Source: P.A. 101-593, eff. 12-4-19.)".