Full Text of SB1864 101st General Assembly
SB1864ham001 101ST GENERAL ASSEMBLY | Rep. Ann M. Williams Filed: 11/11/2019
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| 1 | | AMENDMENT TO SENATE BILL 1864
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1864 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Smoke Free Illinois Act is amended by | 5 | | changing Section 10 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 | | "Electronic cigarette" has the same meaning as provided in | 16 | | subsection (a-9) of Section 1 of the Prevention of Tobacco Use |
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| 1 | | by Persons under 21 Years of Age and Sale and Distribution of | 2 | | Tobacco Products Act.
| 3 | | "Employee" means a person who is employed by an employer in | 4 | | consideration for direct or indirect monetary wages or profits | 5 | | or a person who volunteers his or her services for a non-profit | 6 | | entity. | 7 | | "Employer" means a person, business, partnership, | 8 | | association, or corporation, including a municipal | 9 | | corporation, trust, or non-profit entity, that employs the | 10 | | services of one or more individual persons. | 11 | | "Enclosed area" means all space between a floor and a | 12 | | ceiling that is enclosed or partially enclosed with (i) solid | 13 | | walls or windows, exclusive of doorways, or (ii) solid walls | 14 | | with partitions and no windows, exclusive of doorways, that | 15 | | extend from the floor to the ceiling, including, without | 16 | | limitation, lobbies and corridors. | 17 | | "Enclosed or partially enclosed sports arena" means any | 18 | | sports pavilion, stadium, gymnasium, health spa, boxing arena, | 19 | | swimming pool, roller rink, ice rink, bowling alley, or other | 20 | | similar place where members of the general public assemble to | 21 | | engage in physical exercise or participate in athletic | 22 | | competitions or recreational activities or to witness sports, | 23 | | cultural, recreational, or other events. | 24 | | "Gaming equipment or supplies" means gaming | 25 | | equipment/supplies as defined in the Illinois Gaming Board | 26 | | Rules of the Illinois Administrative Code. |
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| 1 | | "Gaming facility" means an establishment utilized | 2 | | primarily for the purposes of gaming and where gaming equipment | 3 | | or supplies are operated for the purposes of accruing business | 4 | | revenue. | 5 | | "Healthcare facility" means an office or institution | 6 | | providing care or treatment of diseases, whether physical, | 7 | | mental, or emotional, or other medical, physiological, or | 8 | | psychological conditions, including, but not limited to, | 9 | | hospitals, rehabilitation hospitals, weight control clinics, | 10 | | nursing homes, homes for the aging or chronically ill, | 11 | | laboratories, and offices of surgeons, chiropractors, physical | 12 | | therapists, physicians, dentists, and all specialists within | 13 | | these professions. "Healthcare facility" includes all waiting | 14 | | rooms, hallways, private rooms, semiprivate rooms, and wards | 15 | | within healthcare facilities. | 16 | | "Place of employment" means any area under the control of a | 17 | | public or private employer that employees are required to | 18 | | enter, leave, or pass through during the course of employment, | 19 | | including, but not limited to entrances and exits to places of | 20 | | employment, including a minimum distance, as set forth in | 21 | | Section 70 of this Act, of 15 feet from entrances, exits, | 22 | | windows that open, and ventilation intakes that serve an | 23 | | enclosed area where smoking is prohibited; offices and work | 24 | | areas; restrooms; conference and classrooms; break rooms and | 25 | | cafeterias; and other common areas. A private residence or | 26 | | home-based business, unless used to provide licensed child |
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| 1 | | care, foster care, adult care, or other similar social service | 2 | | care on the premises, is not a "place of employment", nor are | 3 | | enclosed laboratories, not open to the public, in an accredited
| 4 | | university or government facility where the activity of smoking | 5 | | is
exclusively conducted for the purpose of medical or | 6 | | scientific health-related research. Rulemaking authority to | 7 | | implement this amendatory Act of the 95th General Assembly, if | 8 | | any, is conditioned on the rules being adopted in accordance | 9 | | with all provisions of the Illinois Administrative Procedure | 10 | | Act and all rules and procedures of the Joint Committee on | 11 | | Administrative Rules; any purported rule not so adopted, for | 12 | | whatever reason, is unauthorized.
| 13 | | "Private club" means a not-for-profit association that (1) | 14 | | has been in active and continuous existence for at least 3 | 15 | | years prior to the effective date of this amendatory Act of the | 16 | | 95th General Assembly, whether incorporated or not, (2) is the | 17 | | owner, lessee, or occupant of a building or portion thereof | 18 | | used exclusively for club purposes at all times, (3) is | 19 | | operated solely for a recreational, fraternal, social, | 20 | | patriotic, political, benevolent, or athletic purpose, but not | 21 | | for pecuniary gain, and (4) only sells alcoholic beverages | 22 | | incidental to its operation. For purposes of this definition, | 23 | | "private club" means an organization that is managed by a board | 24 | | of directors, executive committee, or similar body chosen by | 25 | | the members at an annual meeting, has established bylaws, a | 26 | | constitution, or both to govern its activities, and has been |
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| 1 | | granted an exemption from the payment of federal income tax as | 2 | | a club under 26 U.S.C. 501. | 3 | | "Private residence" means the part of a structure used as a | 4 | | dwelling, including, without limitation: a private home, | 5 | | townhouse, condominium, apartment, mobile home, vacation home, | 6 | | cabin, or cottage. For the purposes of this definition, a | 7 | | hotel, motel, inn, resort, lodge, bed and breakfast or other | 8 | | similar public accommodation, hospital, nursing home, or | 9 | | assisted living facility shall not be considered a private | 10 | | residence. | 11 | | "Public place" means that portion of any building or | 12 | | vehicle used by and open to the public, regardless of whether | 13 | | the building or vehicle is owned in whole or in part by private | 14 | | persons or entities, the State of Illinois, or any other public | 15 | | entity and regardless of whether a fee is charged for | 16 | | admission, including a minimum distance, as set forth in | 17 | | Section 70 of this Act, of 15 feet from entrances, exits, | 18 | | windows that open, and ventilation intakes that serve an | 19 | | enclosed area where smoking is prohibited. A "public place" | 20 | | does not include a private residence unless the private | 21 | | residence is used to provide licensed child care, foster care, | 22 | | or other similar social service care on the premises. A "public | 23 | | place" includes, but is not limited to,
hospitals, restaurants, | 24 | | retail stores, offices, commercial establishments,
elevators, | 25 | | indoor theaters, libraries, museums, concert halls, public
| 26 | | conveyances, educational facilities, nursing homes, |
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| 1 | | auditoriums, enclosed or partially enclosed sports arenas,
| 2 | | meeting rooms, schools, exhibition halls, convention | 3 | | facilities, polling places, private clubs, gaming facilities, | 4 | | all government owned vehicles and facilities, including | 5 | | buildings and vehicles owned, leased, or operated by the State | 6 | | or State subcontract, healthcare facilities or clinics, | 7 | | enclosed shopping centers, retail service establishments, | 8 | | financial institutions, educational facilities, ticket areas, | 9 | | public hearing facilities, public restrooms, waiting areas, | 10 | | lobbies, bars, taverns, bowling alleys, skating rinks, | 11 | | reception areas, and no less than 75% of the sleeping quarters | 12 | | within a hotel, motel, resort, inn, lodge, bed and breakfast, | 13 | | or other similar public accommodation that are rented to | 14 | | guests, but excludes private residences.
| 15 | | "Restaurant" means (i) an eating establishment, including, | 16 | | but not limited to, coffee shops, cafeterias, sandwich stands, | 17 | | and private and public school cafeterias, that gives or offers | 18 | | for sale food to the public, guests, or employees, and (ii) a | 19 | | kitchen or catering facility in which food is prepared on the | 20 | | premises for serving elsewhere. "Restaurant" includes a bar | 21 | | area within the restaurant. | 22 | | "Retail tobacco store" means a retail establishment that | 23 | | derives more than 80% of its gross revenue from the sale of | 24 | | loose tobacco, plants, or herbs and cigars, electronic | 25 | | cigarettes, cigarettes, pipes, and other smoking devices for | 26 | | burning tobacco and related smoking accessories and in which |
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| 1 | | the sale of other products is merely incidental. "Retail | 2 | | tobacco store" includes an enclosed workplace that | 3 | | manufactures, imports, or distributes tobacco , electronic | 4 | | cigarettes, or tobacco products, when, as a necessary and | 5 | | integral part of the process of making, manufacturing, | 6 | | importing, or distributing a tobacco product or electronic | 7 | | cigarette for the eventual retail sale of that tobacco , | 8 | | electronic cigarette, or tobacco product, tobacco is heated, | 9 | | burned, or smoked, or a lighted tobacco product is tested, | 10 | | provided that the involved business entity: (1) maintains a | 11 | | specially designated area or areas within the workplace for the | 12 | | purpose of the heating, burning, smoking, or lighting | 13 | | activities, and does not create a facility that permits smoking | 14 | | throughout; (2) satisfies the 80% requirement related to gross | 15 | | sales; and (3) delivers tobacco products or electronic | 16 | | cigarettes to consumers, retail establishments, or other | 17 | | wholesale establishments as part of its business. "Retail | 18 | | tobacco store" does not include a tobacco or electronic | 19 | | cigarette department or section of a larger commercial | 20 | | establishment or any establishment with any type of liquor, | 21 | | food, or restaurant license. Rulemaking authority to implement | 22 | | this amendatory Act of the 95th General Assembly, if any, is | 23 | | conditioned on the rules being adopted in accordance with all | 24 | | provisions of the Illinois Administrative Procedure Act and all | 25 | | rules and procedures of the Joint Committee on Administrative | 26 | | Rules; any purported rule not so adopted, for whatever reason, |
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| 1 | | is unauthorized. | 2 | | "Smoke" or "smoking" means the carrying, smoking, burning, | 3 | | inhaling, or exhaling of any kind of lighted pipe, cigar, | 4 | | cigarette, hookah, weed, herbs, or any other lighted smoking | 5 | | equipment. "Smoke" or "smoking" includes the use of an | 6 | | electronic cigarette. "Smoke" or "smoking" does not include | 7 | | smoking that is associated with a native recognized religious | 8 | | ceremony, ritual, or activity by American Indians that is in | 9 | | accordance with the federal American Indian Religious Freedom | 10 | | Act, 42 U.S.C. 1996 and 1996a.
| 11 | | "State agency" has the meaning formerly ascribed to it in | 12 | | subsection
(a) of Section 3 of the Illinois Purchasing Act (now | 13 | | repealed).
| 14 | | "Unit of local government" has the meaning ascribed to it | 15 | | in Section
1 of Article VII of the Illinois Constitution of | 16 | | 1970.
| 17 | | (Source: P.A. 95-17, eff. 1-1-08; 95-1029, eff. 2-4-09; 96-797, | 18 | | eff. 1-1-10.)
| 19 | | Section 99. Effective date. This Act takes effect January | 20 | | 1, 2020.".
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