SB2757 Engrossed LRB095 19981 KBJ 46410 b

1     AN ACT concerning health.
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4     Section 5. The Smoke Free Illinois Act is amended by
5 changing 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 serving
9 of alcoholic beverages for consumption by guests on the
10 premises and that derives no more than 10% of its gross revenue
11 from the sale of food consumed on the premises. "Bar" includes,
12 but is not limited to, taverns, nightclubs, cocktail lounges,
13 adult entertainment facilities, and cabarets.
14     "Department" means the Department of Public Health.
15     "Employee" means a person who is employed by an employer in
16 consideration for direct or indirect monetary wages or profits
17 or a person who volunteers his or her services for a non-profit
18 entity.
19     "Employer" means a person, business, partnership,
20 association, or corporation, including a municipal
21 corporation, trust, or non-profit entity, that employs the
22 services of one or more individual persons.
23     "Enclosed area" means all space between a floor and a



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1 ceiling that is enclosed or partially enclosed with (i) solid
2 walls or windows, exclusive of doorways, or (ii) solid walls
3 with partitions and no windows, exclusive of doorways, that
4 extend from the floor to the ceiling, including, without
5 limitation, lobbies and corridors.
6     "Enclosed or partially enclosed sports arena" means any
7 sports pavilion, stadium, gymnasium, health spa, boxing arena,
8 swimming pool, roller rink, ice rink, bowling alley, or other
9 similar place where members of the general public assemble to
10 engage in physical exercise or participate in athletic
11 competitions or recreational activities or to witness sports,
12 cultural, recreational, or other events.
13     "Gaming equipment or supplies" means gaming
14 equipment/supplies as defined in the Illinois Gaming Board
15 Rules of the Illinois Administrative Code.
16     "Gaming facility" means an establishment utilized
17 primarily for the purposes of gaming and where gaming equipment
18 or supplies are operated for the purposes of accruing business
19 revenue.
20     "Healthcare facility" means an office or institution
21 providing care or treatment of diseases, whether physical,
22 mental, or emotional, or other medical, physiological, or
23 psychological conditions, including, but not limited to,
24 hospitals, rehabilitation hospitals, weight control clinics,
25 nursing homes, homes for the aging or chronically ill,
26 laboratories, and offices of surgeons, chiropractors, physical



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1 therapists, physicians, dentists, and all specialists within
2 these professions. "Healthcare facility" includes all waiting
3 rooms, hallways, private rooms, semiprivate rooms, and wards
4 within healthcare facilities.
5     "Place of employment" means any area under the control of a
6 public or private employer that employees are required to
7 enter, leave, or pass through during the course of employment,
8 including, but not limited to entrances and exits to places of
9 employment, including a minimum distance, as set forth in
10 Section 70 of this Act, of 15 feet from entrances, exits,
11 windows that open, and ventilation intakes that serve an
12 enclosed area where smoking is prohibited; offices and work
13 areas; restrooms; conference and classrooms; break rooms and
14 cafeterias; and other common areas. A private residence or
15 home-based business, unless used to provide licensed child
16 care, foster care, adult care, or other similar social service
17 care on the premises, is not a "place of employment", nor are
18 enclosed laboratories, not open to the public, in an accredited
19 university or government facility where the activity of smoking
20 is exclusively conducted for the purpose of medical or
21 scientific health-related research.
22     "Private club" means a not-for-profit association that (1)
23 has been in active and continuous existence for at least 3
24 years prior to the effective date of this amendatory Act of the
25 95th General Assembly, whether incorporated or not, (2) is the
26 owner, lessee, or occupant of a building or portion thereof



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1 used exclusively for club purposes at all times, (3) is
2 operated solely for a recreational, fraternal, social,
3 patriotic, political, benevolent, or athletic purpose, but not
4 for pecuniary gain, and (4) only sells alcoholic beverages
5 incidental to its operation. For purposes of this definition,
6 "private club" means an organization that is managed by a board
7 of directors, executive committee, or similar body chosen by
8 the members at an annual meeting, has established bylaws, a
9 constitution, or both to govern its activities, and has been
10 granted an exemption from the payment of federal income tax as
11 a club under 26 U.S.C. 501.
12     "Private residence" means the part of a structure used as a
13 dwelling, including, without limitation: a private home,
14 townhouse, condominium, apartment, mobile home, vacation home,
15 cabin, or cottage. For the purposes of this definition, a
16 hotel, motel, inn, resort, lodge, bed and breakfast or other
17 similar public accommodation, hospital, nursing home, or
18 assisted living facility shall not be considered a private
19 residence.
20     "Public place" means that portion of any building or
21 vehicle used by and open to the public, regardless of whether
22 the building or vehicle is owned in whole or in part by private
23 persons or entities, the State of Illinois, or any other public
24 entity and regardless of whether a fee is charged for
25 admission, including a minimum distance, as set forth in
26 Section 70 of this Act, of 15 feet from entrances, exits,



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



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1 for sale food to the public, guests, or employees, and (ii) a
2 kitchen or catering facility in which food is prepared on the
3 premises for serving elsewhere. "Restaurant" includes a bar
4 area within the restaurant.
5     "Retail tobacco store" means a retail establishment that
6 derives more than 80% of its gross revenue from the sale of
7 loose tobacco, plants, or herbs and cigars, cigarettes, pipes,
8 and other smoking devices for burning tobacco and related
9 smoking accessories and in which the sale of other products is
10 merely incidental. "Retail tobacco store" does not include a
11 tobacco department or section of a larger commercial
12 establishment or any establishment with any type of liquor,
13 food, or restaurant license.
14     "Smoke" or "smoking" means the carrying, smoking, burning,
15 inhaling, or exhaling of any kind of lighted pipe, cigar,
16 cigarette, hookah, weed, herbs, or any other lighted smoking
17 equipment.
18     "State agency" has the meaning formerly ascribed to it in
19 subsection (a) of Section 3 of the Illinois Purchasing Act (now
20 repealed).
21     "Unit of local government" has the meaning ascribed to it
22 in Section 1 of Article VII of the Illinois Constitution of
23 1970.
24 (Source: P.A. 95-17, eff. 1-1-08.)
25     (410 ILCS 82/35)



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1     Sec. 35. Exemptions. Notwithstanding any other provision
2 of this Act, smoking is allowed in the following areas:
3         (1) Private residences or dwelling places, except when
4     used as a child care, adult day care, or healthcare
5     facility or any other home-based business open to the
6     public.
7         (2) Retail tobacco stores as defined in Section 10 of
8     this Act in operation prior to the effective date of this
9     amendatory Act of the 95th General Assembly. The retail
10     tobacco store shall annually file with the Department by
11     January 31st an affidavit stating the percentage of its
12     gross income during the prior calendar year that was
13     derived from the sale of loose tobacco, plants, or herbs
14     and cigars, cigarettes, pipes, or other smoking devices for
15     smoking tobacco and related smoking accessories. Any
16     retail tobacco store that begins operation after the
17     effective date of this amendatory Act may only qualify for
18     an exemption if located in a freestanding structure
19     occupied solely by the business and smoke from the business
20     does not migrate into an enclosed area where smoking is
21     prohibited.
22         (3) Private and semi-private rooms in nursing homes and
23     long-term care facilities that are occupied by one or more
24     persons, all of whom are smokers and have requested in
25     writing to be placed or to remain in a room where smoking
26     is permitted and the smoke shall not infiltrate other areas



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1     of the nursing home.
2         (4) Hotel and motel sleeping rooms that are rented to
3     guests and are designated as smoking rooms, provided that
4     all smoking rooms on the same floor must be contiguous and
5     smoke from these rooms must not infiltrate into nonsmoking
6     rooms or other areas where smoking is prohibited. Not more
7     than 25% of the rooms rented to guests in a hotel or motel
8     may be designated as rooms where smoking is allowed. The
9     status of rooms as smoking or nonsmoking may not be
10     changed, except to permanently add additional nonsmoking
11     rooms.
12         (5) Enclosed laboratories that are excluded from the
13     definition of "place of employment" in Section 10 of this
14     Act.
15 (Source: P.A. 95-17, eff. 1-1-08.)
16     Section 99. Effective date. This Act takes effect upon
17 becoming law.