Rep. Ann M. Williams

Filed: 2/26/2020





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2    AMENDMENT NO. ______. Amend Senate Bill 1864 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 serving
9of alcoholic beverages for consumption by guests on the
10premises and that derives no more than 10% of its gross revenue
11from the sale of food consumed on the premises. "Bar" includes,
12but is not limited to, taverns, nightclubs, cocktail lounges,
13adult 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
9electronic nicotine delivery system, electronic cigar,
10electronic cigarillo, electronic pipe, electronic hookah, vape
11pen, or similar product or device, and any components or parts
12that can be used to build the product or device. "Electronic
13cigarette" excludes cigarettes as defined in Section 1 of the
14Cigarette Tax Act and tobacco products as defined in Section
1510-5 of the Tobacco Products Tax Act of 1995; alternative
16nicotine products as defined in this Section; products approved
17by the United States Food and Drug Administration for sale as
18tobacco cessation products, as tobacco dependence products, or
19for other medical purposes, and marketed and sold solely for
20that approved purpose; asthma inhalers prescribed by a
21physician for that condition and marketed and sold solely for
22that approved purpose; and therapeutic products approved for
23use under the Compassionate Use of Medical Cannabis Pilot
24Program Act.
25    "Employee" means a person who is employed by an employer in
26consideration for direct or indirect monetary wages or profits



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1or a person who volunteers his or her services for a non-profit
3    "Employer" means a person, business, partnership,
4association, or corporation, including a municipal
5corporation, trust, or non-profit entity, that employs the
6services of one or more individual persons.
7    "Enclosed area" means all space between a floor and a
8ceiling that is enclosed or partially enclosed with (i) solid
9walls or windows, exclusive of doorways, or (ii) solid walls
10with partitions and no windows, exclusive of doorways, that
11extend from the floor to the ceiling, including, without
12limitation, lobbies and corridors.
13    "Enclosed or partially enclosed sports arena" means any
14sports pavilion, stadium, gymnasium, health spa, boxing arena,
15swimming pool, roller rink, ice rink, bowling alley, or other
16similar place where members of the general public assemble to
17engage in physical exercise or participate in athletic
18competitions or recreational activities or to witness sports,
19cultural, recreational, or other events.
20    "Gaming equipment or supplies" means gaming
21equipment/supplies as defined in the Illinois Gaming Board
22Rules of the Illinois Administrative Code.
23    "Gaming facility" means an establishment utilized
24primarily for the purposes of gaming and where gaming equipment
25or supplies are operated for the purposes of accruing business



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1    "Healthcare facility" means an office or institution
2providing care or treatment of diseases, whether physical,
3mental, or emotional, or other medical, physiological, or
4psychological conditions, including, but not limited to,
5hospitals, rehabilitation hospitals, weight control clinics,
6nursing homes, homes for the aging or chronically ill,
7laboratories, and offices of surgeons, chiropractors, physical
8therapists, physicians, dentists, and all specialists within
9these professions. "Healthcare facility" includes all waiting
10rooms, hallways, private rooms, semiprivate rooms, and wards
11within healthcare facilities.
12    "Nicotine" means any form of chemical nicotine, including
13any salt or complex, regardless of whether the chemical is
14naturally or synthetically derived.
15    "Place of employment" means any area under the control of a
16public or private employer that employees are required to
17enter, leave, or pass through during the course of employment,
18including, but not limited to entrances and exits to places of
19employment, including a minimum distance, as set forth in
20Section 70 of this Act, of 15 feet from entrances, exits,
21windows that open, and ventilation intakes that serve an
22enclosed area where smoking is prohibited; offices and work
23areas; restrooms; conference and classrooms; break rooms and
24cafeterias; and other common areas. A private residence or
25home-based business, unless used to provide licensed child
26care, foster care, adult care, or other similar social service



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1care on the premises, is not a "place of employment", nor are
2enclosed laboratories, not open to the public, in an accredited
3university or government facility where the activity of smoking
4is exclusively conducted for the purpose of medical or
5scientific health-related research. Rulemaking authority to
6implement this amendatory Act of the 95th General Assembly, if
7any, is conditioned on the rules being adopted in accordance
8with all provisions of the Illinois Administrative Procedure
9Act and all rules and procedures of the Joint Committee on
10Administrative Rules; any purported rule not so adopted, for
11whatever reason, is unauthorized.
12    "Private club" means a not-for-profit association that (1)
13has been in active and continuous existence for at least 3
14years prior to the effective date of this amendatory Act of the
1595th General Assembly, whether incorporated or not, (2) is the
16owner, lessee, or occupant of a building or portion thereof
17used exclusively for club purposes at all times, (3) is
18operated solely for a recreational, fraternal, social,
19patriotic, political, benevolent, or athletic purpose, but not
20for pecuniary gain, and (4) only sells alcoholic beverages
21incidental to its operation. For purposes of this definition,
22"private club" means an organization that is managed by a board
23of directors, executive committee, or similar body chosen by
24the members at an annual meeting, has established bylaws, a
25constitution, or both to govern its activities, and has been
26granted an exemption from the payment of federal income tax as



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1a club under 26 U.S.C. 501.
2    "Private residence" means the part of a structure used as a
3dwelling, including, without limitation: a private home,
4townhouse, condominium, apartment, mobile home, vacation home,
5cabin, or cottage. For the purposes of this definition, a
6hotel, motel, inn, resort, lodge, bed and breakfast or other
7similar public accommodation, hospital, nursing home, or
8assisted living facility shall not be considered a private
10    "Public place" means that portion of any building or
11vehicle used by and open to the public, regardless of whether
12the building or vehicle is owned in whole or in part by private
13persons or entities, the State of Illinois, or any other public
14entity and regardless of whether a fee is charged for
15admission, including a minimum distance, as set forth in
16Section 70 of this Act, of 15 feet from entrances, exits,
17windows that open, and ventilation intakes that serve an
18enclosed area where smoking is prohibited. A "public place"
19does not include a private residence unless the private
20residence is used to provide licensed child care, foster care,
21or other similar social service care on the premises. A "public
22place" includes, but is not limited to, hospitals, restaurants,
23retail stores, offices, commercial establishments, elevators,
24indoor theaters, libraries, museums, concert halls, public
25conveyances, educational facilities, nursing homes,
26auditoriums, enclosed or partially enclosed sports arenas,



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1meeting rooms, schools, exhibition halls, convention
2facilities, polling places, private clubs, gaming facilities,
3all government owned vehicles and facilities, including
4buildings and vehicles owned, leased, or operated by the State
5or State subcontract, healthcare facilities or clinics,
6enclosed shopping centers, retail service establishments,
7financial institutions, educational facilities, ticket areas,
8public hearing facilities, public restrooms, waiting areas,
9lobbies, bars, taverns, bowling alleys, skating rinks,
10reception areas, and no less than 75% of the sleeping quarters
11within a hotel, motel, resort, inn, lodge, bed and breakfast,
12or other similar public accommodation that are rented to
13guests, but excludes private residences.
14    "Restaurant" means (i) an eating establishment, including,
15but not limited to, coffee shops, cafeterias, sandwich stands,
16and private and public school cafeterias, that gives or offers
17for sale food to the public, guests, or employees, and (ii) a
18kitchen or catering facility in which food is prepared on the
19premises for serving elsewhere. "Restaurant" includes a bar
20area within the restaurant.
21    "Retail tobacco store" means a retail establishment that
22derives more than 80% of its gross revenue from the sale of
23loose tobacco, plants, or herbs and cigars, cigarettes, pipes,
24and other smoking devices for burning tobacco and related
25smoking accessories and in which the sale of other products is
26merely incidental. "Retail tobacco store" includes an enclosed



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1workplace that manufactures, imports, or distributes tobacco
2or tobacco products, when, as a necessary and integral part of
3the process of making, manufacturing, importing, or
4distributing a tobacco product for the eventual retail sale of
5that tobacco or tobacco product, tobacco is heated, burned, or
6smoked, or a lighted tobacco product is tested, provided that
7the involved business entity: (1) maintains a specially
8designated area or areas within the workplace for the purpose
9of the heating, burning, smoking, or lighting activities, and
10does not create a facility that permits smoking throughout; (2)
11satisfies the 80% requirement related to gross sales; and (3)
12delivers tobacco products to consumers, retail establishments,
13or other wholesale establishments as part of its business.
14"Retail tobacco store" does not include a tobacco department or
15section of a larger commercial establishment or any
16establishment with any type of liquor, food, or restaurant
17license. Rulemaking authority to implement this amendatory Act
18of the 95th General Assembly, if any, is conditioned on the
19rules being adopted in accordance with all provisions of the
20Illinois Administrative Procedure Act and all rules and
21procedures of the Joint Committee on Administrative Rules; any
22purported rule not so adopted, for whatever reason, is
24    "Smoke" or "smoking" means the carrying, smoking, burning,
25inhaling, or exhaling of any kind of lighted pipe, cigar,
26cigarette, hookah, weed, herbs, or any other lighted smoking



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1equipment. "Smoke" or "smoking" includes the use of alternative
2nicotine products and electronic cigarettes, as defined in this
3Section. "Smoke" or "smoking" does not include smoking that is
4associated with a native recognized religious ceremony,
5ritual, or activity by American Indians that is in accordance
6with the federal American Indian Religious Freedom Act, 42
7U.S.C. 1996 and 1996a.
8    "State agency" has the meaning formerly ascribed to it in
9subsection (a) of Section 3 of the Illinois Purchasing Act (now
11    "Tobacco product" means any product containing or made from
12tobacco that is intended for human consumption, whether smoked,
13heated, chewed, absorbed, dissolved, inhaled, snorted,
14sniffed, or ingested by any other means, including, but not
15limited to, cigarettes, cigars, little cigars, chewing
16tobacco, pipe tobacco, snuff, snus, and any other smokeless
17tobacco product which contains tobacco that is finely cut,
18ground, powdered, or leaf and intended to be placed in the oral
19cavity. "Tobacco product" includes any component, part, and
20accessory of a tobacco product, whether or not sold separately.
21"Tobacco product" excludes electronic cigarettes; alternative
22nicotine products; and products that have been approved by the
23United States Food and Drug Administration for sale as tobacco
24cessation products, as tobacco dependence products, or for
25other medical purposes, marketed and sold solely for that
26approved purpose.



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1    "Unit of local government" has the meaning ascribed to it
2in Section 1 of Article VII of the Illinois Constitution of
4(Source: P.A. 95-17, eff. 1-1-08; 95-1029, eff. 2-4-09; 96-797,
5eff. 1-1-10.)
6    (410 ILCS 82/35)
7    Sec. 35. Exemptions.
8    (a) Notwithstanding any other provision of this Act,
9smoking 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
19use of an electronic cigarette is allowed in a retail tobacco
21(Source: P.A. 101-593, eff. 12-4-19.)".