Full Text of SB1864 101st General Assembly
SB1864ham003 101ST GENERAL ASSEMBLY | Rep. Ann M. Williams Filed: 2/26/2020
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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 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 | | "Electronic cigarette" means: | 16 | | (1) any device that employs a battery or other |
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| 1 | | mechanism to heat a solution or substance to produce a | 2 | | vapor or aerosol intended for inhalation; | 3 | | (2) any cartridge or container of a solution or | 4 | | substance intended to be used with or in the device or to | 5 | | refill the device; or | 6 | | (3) any solution or substance, whether or not it | 7 | | contains nicotine intended for use in the device. | 8 | | "Electronic cigarette" includes, but is not limited to, any | 9 | | electronic nicotine delivery system, electronic cigar, | 10 | | electronic cigarillo, electronic pipe, electronic hookah, vape | 11 | | pen, or similar product or device, and any components or parts | 12 | | that can be used to build the product or device. "Electronic | 13 | | cigarette" excludes cigarettes as defined in Section 1 of the | 14 | | Cigarette Tax Act and tobacco products as defined in Section | 15 | | 10-5 of the Tobacco Products Tax Act of 1995; alternative | 16 | | nicotine products as defined in this Section; products approved | 17 | | by the United States Food and Drug Administration for sale as | 18 | | tobacco cessation products, as tobacco dependence products, or | 19 | | for other medical purposes, and marketed and sold solely for | 20 | | that approved purpose; asthma inhalers prescribed by a | 21 | | physician for that condition and marketed and sold solely for | 22 | | that approved purpose; and therapeutic products approved for | 23 | | use under the Compassionate Use of Medical Cannabis Pilot | 24 | | Program Act.
| 25 | | "Employee" means a person who is employed by an employer in | 26 | | consideration for direct or indirect monetary wages or profits |
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| 1 | | or a person who volunteers his or her services for a non-profit | 2 | | entity. | 3 | | "Employer" means a person, business, partnership, | 4 | | association, or corporation, including a municipal | 5 | | corporation, trust, or non-profit entity, that employs the | 6 | | services of one or more individual persons. | 7 | | "Enclosed area" means all space between a floor and a | 8 | | ceiling that is enclosed or partially enclosed with (i) solid | 9 | | walls or windows, exclusive of doorways, or (ii) solid walls | 10 | | with partitions and no windows, exclusive of doorways, that | 11 | | extend from the floor to the ceiling, including, without | 12 | | limitation, lobbies and corridors. | 13 | | "Enclosed or partially enclosed sports arena" means any | 14 | | sports pavilion, stadium, gymnasium, health spa, boxing arena, | 15 | | swimming pool, roller rink, ice rink, bowling alley, or other | 16 | | similar place where members of the general public assemble to | 17 | | engage in physical exercise or participate in athletic | 18 | | competitions or recreational activities or to witness sports, | 19 | | cultural, recreational, or other events. | 20 | | "Gaming equipment or supplies" means gaming | 21 | | equipment/supplies as defined in the Illinois Gaming Board | 22 | | Rules of the Illinois Administrative Code. | 23 | | "Gaming facility" means an establishment utilized | 24 | | primarily for the purposes of gaming and where gaming equipment | 25 | | or supplies are operated for the purposes of accruing business | 26 | | revenue. |
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| 1 | | "Healthcare facility" means an office or institution | 2 | | providing care or treatment of diseases, whether physical, | 3 | | mental, or emotional, or other medical, physiological, or | 4 | | psychological conditions, including, but not limited to, | 5 | | hospitals, rehabilitation hospitals, weight control clinics, | 6 | | nursing homes, homes for the aging or chronically ill, | 7 | | laboratories, and offices of surgeons, chiropractors, physical | 8 | | therapists, physicians, dentists, and all specialists within | 9 | | these professions. "Healthcare facility" includes all waiting | 10 | | rooms, hallways, private rooms, semiprivate rooms, and wards | 11 | | within healthcare facilities. | 12 | | "Nicotine" means any form of chemical nicotine, including | 13 | | any salt or complex, regardless of whether the chemical is | 14 | | naturally or synthetically derived. | 15 | | "Place of employment" means any area under the control of a | 16 | | public or private employer that employees are required to | 17 | | enter, leave, or pass through during the course of employment, | 18 | | including, but not limited to entrances and exits to places of | 19 | | employment, including a minimum distance, as set forth in | 20 | | Section 70 of this Act, of 15 feet from entrances, exits, | 21 | | windows that open, and ventilation intakes that serve an | 22 | | enclosed area where smoking is prohibited; offices and work | 23 | | areas; restrooms; conference and classrooms; break rooms and | 24 | | cafeterias; and other common areas. A private residence or | 25 | | home-based business, unless used to provide licensed child | 26 | | care, foster care, adult care, or other similar social service |
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| 1 | | care on the premises, is not a "place of employment", nor are | 2 | | enclosed laboratories, not open to the public, in an accredited
| 3 | | university or government facility where the activity of smoking | 4 | | is
exclusively conducted for the purpose of medical or | 5 | | scientific health-related research. Rulemaking authority to | 6 | | implement this amendatory Act of the 95th General Assembly, if | 7 | | any, is conditioned on the rules being adopted in accordance | 8 | | with all provisions of the Illinois Administrative Procedure | 9 | | Act and all rules and procedures of the Joint Committee on | 10 | | Administrative Rules; any purported rule not so adopted, for | 11 | | whatever reason, is unauthorized.
| 12 | | "Private club" means a not-for-profit association that (1) | 13 | | has been in active and continuous existence for at least 3 | 14 | | years prior to the effective date of this amendatory Act of the | 15 | | 95th General Assembly, whether incorporated or not, (2) is the | 16 | | owner, lessee, or occupant of a building or portion thereof | 17 | | used exclusively for club purposes at all times, (3) is | 18 | | operated solely for a recreational, fraternal, social, | 19 | | patriotic, political, benevolent, or athletic purpose, but not | 20 | | for pecuniary gain, and (4) only sells alcoholic beverages | 21 | | incidental to its operation. For purposes of this definition, | 22 | | "private club" means an organization that is managed by a board | 23 | | of directors, executive committee, or similar body chosen by | 24 | | the members at an annual meeting, has established bylaws, a | 25 | | constitution, or both to govern its activities, and has been | 26 | | granted an exemption from the payment of federal income tax as |
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| 1 | | a club under 26 U.S.C. 501. | 2 | | "Private residence" means the part of a structure used as a | 3 | | dwelling, including, without limitation: a private home, | 4 | | townhouse, condominium, apartment, mobile home, vacation home, | 5 | | cabin, or cottage. For the purposes of this definition, a | 6 | | hotel, motel, inn, resort, lodge, bed and breakfast or other | 7 | | similar public accommodation, hospital, nursing home, or | 8 | | assisted living facility shall not be considered a private | 9 | | residence. | 10 | | "Public place" means that portion of any building or | 11 | | vehicle used by and open to the public, regardless of whether | 12 | | the building or vehicle is owned in whole or in part by private | 13 | | persons or entities, the State of Illinois, or any other public | 14 | | entity and regardless of whether a fee is charged for | 15 | | admission, including a minimum distance, as set forth in | 16 | | Section 70 of this Act, of 15 feet from entrances, exits, | 17 | | windows that open, and ventilation intakes that serve an | 18 | | enclosed area where smoking is prohibited. A "public place" | 19 | | does not include a private residence unless the private | 20 | | residence is used to provide licensed child care, foster care, | 21 | | or other similar social service care on the premises. A "public | 22 | | place" includes, but is not limited to,
hospitals, restaurants, | 23 | | retail stores, offices, commercial establishments,
elevators, | 24 | | indoor theaters, libraries, museums, concert halls, public
| 25 | | conveyances, educational facilities, nursing homes, | 26 | | auditoriums, enclosed or partially enclosed sports arenas,
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| 1 | | meeting rooms, schools, exhibition halls, convention | 2 | | facilities, polling places, private clubs, gaming facilities, | 3 | | all government owned vehicles and facilities, including | 4 | | buildings and vehicles owned, leased, or operated by the State | 5 | | or State subcontract, healthcare facilities or clinics, | 6 | | enclosed shopping centers, retail service establishments, | 7 | | financial institutions, educational facilities, ticket areas, | 8 | | public hearing facilities, public restrooms, waiting areas, | 9 | | lobbies, bars, taverns, bowling alleys, skating rinks, | 10 | | reception areas, and no less than 75% of the sleeping quarters | 11 | | within a hotel, motel, resort, inn, lodge, bed and breakfast, | 12 | | or other similar public accommodation that are rented to | 13 | | guests, but excludes private residences.
| 14 | | "Restaurant" means (i) an eating establishment, including, | 15 | | but not limited to, coffee shops, cafeterias, sandwich stands, | 16 | | and private and public school cafeterias, that gives or offers | 17 | | for sale food to the public, guests, or employees, and (ii) a | 18 | | kitchen or catering facility in which food is prepared on the | 19 | | premises for serving elsewhere. "Restaurant" includes a bar | 20 | | area within the restaurant. | 21 | | "Retail tobacco store" means a retail establishment that | 22 | | derives more than 80% of its gross revenue from the sale of | 23 | | loose tobacco, plants, or herbs and cigars, cigarettes, pipes, | 24 | | and other smoking devices for burning tobacco and related | 25 | | smoking accessories and in which the sale of other products is | 26 | | merely incidental. "Retail tobacco store" includes an enclosed |
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| 1 | | workplace that manufactures, imports, or distributes tobacco | 2 | | or tobacco products, when, as a necessary and integral part of | 3 | | the process of making, manufacturing, importing, or | 4 | | distributing a tobacco product for the eventual retail sale of | 5 | | that tobacco or tobacco product, tobacco is heated, burned, or | 6 | | smoked, or a lighted tobacco product is tested, provided that | 7 | | the involved business entity: (1) maintains a specially | 8 | | designated area or areas within the workplace for the purpose | 9 | | of the heating, burning, smoking, or lighting activities, and | 10 | | does not create a facility that permits smoking throughout; (2) | 11 | | satisfies the 80% requirement related to gross sales; and (3) | 12 | | delivers tobacco products to consumers, retail establishments, | 13 | | or other wholesale establishments as part of its business. | 14 | | "Retail tobacco store" does not include a tobacco department or | 15 | | section of a larger commercial establishment or any | 16 | | establishment with any type of liquor, food, or restaurant | 17 | | license. Rulemaking authority to implement this amendatory Act | 18 | | of the 95th General Assembly, if any, is conditioned on the | 19 | | rules being adopted in accordance with all provisions of the | 20 | | Illinois Administrative Procedure Act and all rules and | 21 | | procedures of the Joint Committee on Administrative Rules; any | 22 | | purported rule not so adopted, for whatever reason, is | 23 | | unauthorized. | 24 | | "Smoke" or "smoking" means the carrying, smoking, burning, | 25 | | inhaling, or exhaling of any kind of lighted pipe, cigar, | 26 | | cigarette, hookah, weed, herbs, or any other lighted smoking |
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| 1 | | equipment. "Smoke" or "smoking" includes the use of alternative | 2 | | nicotine products and electronic cigarettes, as defined in this | 3 | | Section. "Smoke" or "smoking" does not include smoking that is | 4 | | associated with a native recognized religious ceremony, | 5 | | ritual, or activity by American Indians that is in accordance | 6 | | with the federal American Indian Religious Freedom Act, 42 | 7 | | U.S.C. 1996 and 1996a.
| 8 | | "State agency" has the meaning formerly ascribed to it in | 9 | | subsection
(a) of Section 3 of the Illinois Purchasing Act (now | 10 | | repealed).
| 11 | | "Tobacco product" means any product containing or made from | 12 | | tobacco that is intended for human consumption, whether smoked, | 13 | | heated, chewed, absorbed, dissolved, inhaled, snorted, | 14 | | sniffed, or ingested by any other means, including, but not | 15 | | limited to, cigarettes, cigars, little cigars, chewing | 16 | | tobacco, pipe tobacco, snuff, snus, and any other smokeless | 17 | | tobacco product which contains tobacco that is finely cut, | 18 | | ground, powdered, or leaf and intended to be placed in the oral | 19 | | cavity. "Tobacco product" includes any component, part, and | 20 | | accessory of a tobacco product, whether or not sold separately. | 21 | | "Tobacco product" excludes electronic cigarettes; alternative | 22 | | nicotine products; and products that have
been approved by the | 23 | | United States Food and Drug Administration for sale as tobacco | 24 | | cessation products, as tobacco dependence products, or for | 25 | | other medical
purposes, marketed and sold solely for that | 26 | | approved purpose. |
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| 1 | | "Unit of local government" has the meaning ascribed to it | 2 | | in Section
1 of Article VII of the Illinois Constitution of | 3 | | 1970.
| 4 | | (Source: P.A. 95-17, eff. 1-1-08; 95-1029, eff. 2-4-09; 96-797, | 5 | | eff. 1-1-10.) | 6 | | (410 ILCS 82/35) | 7 | | Sec. 35. Exemptions. | 8 | | (a) Notwithstanding any other provision of this Act, | 9 | | smoking is allowed in the following areas: | 10 | | (1) Private residences or dwelling places, except when | 11 | | used as a child care, adult day care, or healthcare | 12 | | facility or any other home-based business open to the | 13 | | public. | 14 | | (2) Retail tobacco stores as defined in Section 10 of | 15 | | this Act in operation prior to the effective date of this | 16 | | amendatory Act of the 95th General Assembly. The retail | 17 | | tobacco store shall annually file with the Department by | 18 | | January 31st an affidavit stating the percentage of its | 19 | | gross income during the prior calendar year that was | 20 | | derived from the sale of loose tobacco, plants, or herbs | 21 | | and cigars, cigarettes, pipes, or other smoking devices for | 22 | | smoking tobacco and related smoking accessories. Any | 23 | | retail tobacco store that begins operation after the | 24 | | effective date of this amendatory Act may only qualify for | 25 | | an exemption if located in a freestanding structure |
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| 1 | | occupied solely by the business and smoke from the business | 2 | | does not migrate into an enclosed area where smoking is | 3 | | prohibited. A retail tobacco store may, with authorization | 4 | | or permission from a unit of local government, including a | 5 | | home rule unit, or any non-home rule county within the | 6 | | unincorporated territory of the county, allow the | 7 | | on-premises consumption of cannabis in a specially | 8 | | designated areas. | 9 | | (3) (Blank). | 10 | | (4) Hotel and motel sleeping rooms that are rented to | 11 | | guests and are designated as smoking rooms, provided that | 12 | | all smoking rooms on the same floor must be contiguous and | 13 | | smoke from these rooms must not infiltrate into nonsmoking | 14 | | rooms or other areas where smoking is prohibited. Not more | 15 | | than 25% of the rooms rented to guests in a hotel or motel | 16 | | may be designated as rooms where smoking is allowed. The | 17 | | status of rooms as smoking or nonsmoking may not be | 18 | | changed, except to permanently add additional nonsmoking | 19 | | rooms. | 20 | | (5) Enclosed laboratories that are excluded from the | 21 | | definition of "place of employment" in Section 10 of this | 22 | | Act. Rulemaking authority to implement this amendatory Act | 23 | | of the 95th General Assembly, if any, is conditioned on the | 24 | | rules being adopted in accordance with all provisions of | 25 | | the Illinois Administrative Procedure Act and all rules and | 26 | | procedures of the Joint Committee on Administrative Rules; |
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| 1 | | any purported rule not so adopted, for whatever reason, is | 2 | | unauthorized. | 3 | | (6) Common smoking rooms in long-term care facilities
| 4 | | operated under the authority of the Illinois Department of
| 5 | | Veterans' Affairs or licensed under the Nursing Home Care | 6 | | Act that are accessible only to residents who
are smokers | 7 | | and have requested in writing to have access to
the common | 8 | | smoking room where smoking is permitted and the
smoke shall | 9 | | not infiltrate other areas of the long-term care facility. | 10 | | Rulemaking authority to implement this amendatory Act of | 11 | | the 95th General Assembly, if any, is conditioned on the | 12 | | rules being adopted in accordance with all provisions of | 13 | | the Illinois Administrative Procedure Act and all rules and | 14 | | procedures of the Joint Committee on Administrative Rules; | 15 | | any purported rule not so adopted, for whatever reason, is | 16 | | unauthorized. | 17 | | (7) A convention hall of the Donald E. Stephens | 18 | | Convention Center where a meeting or trade show for
| 19 | | manufacturers and suppliers of tobacco and tobacco
| 20 | | products and accessories is being held, during the time the
| 21 | | meeting or trade show is occurring, if the meeting or trade
| 22 | | show: | 23 | | (i) is a trade-only event and not open to the
| 24 | | public; | 25 | | (ii) is limited to attendees and exhibitors that
| 26 | | are 21 years of age or older; |
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| 1 | | (iii) is being produced or organized by a business
| 2 | | relating to tobacco or a professional association for
| 3 | | convenience stores; and | 4 | | (iv) involves the display of tobacco products. | 5 | | Smoking is not allowed in any public area outside of
| 6 | | the hall designated for the meeting or trade show. | 7 | | This
paragraph (7) is inoperative on and after October | 8 | | 1, 2015. | 9 | | (8) A dispensing organization, as defined in the | 10 | | Cannabis Regulation and Tax Act, authorized or permitted by | 11 | | a unit local government to allow on-site consumption of | 12 | | cannabis, if the establishment: (1) maintains a specially | 13 | | designated area or areas for the purpose of heating, | 14 | | burning, smoking, or lighting cannabis; (2) is limited to | 15 | | individuals 21 or older; and (3) maintains a locked door or | 16 | | barrier to any specially designated areas for the purpose | 17 | | of heating, burning, smoking or lighting cannabis. | 18 | | (b) Notwithstanding any other provision of this Act, the | 19 | | use of an electronic cigarette is allowed in a retail tobacco | 20 | | store. | 21 | | (Source: P.A. 101-593, eff. 12-4-19.)".
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