Illinois General Assembly - Full Text of HB1540
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Full Text of HB1540  103rd General Assembly




State of Illinois
2023 and 2024


Introduced 1/31/2023, by Rep. Camille Y. Lilly


410 ILCS 82/10

    Amends the Smoke Free Illinois Act. Defines "electronic smoking device". Changes the definition of "retail tobacco store" to include references to "electronic smoking devices". Provides that "smoke" or "smoking" includes the use of an electronic smoking device.

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HB1540LRB103 25576 CPF 51925 b

1    AN ACT concerning health.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Smoke Free Illinois Act is amended by
5changing 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
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 smoking device" means any product containing
16or delivering nicotine or any other substance intended for
17human consumption that can be used by a person in any manner
18for the purpose of inhaling vapor or aerosol from the product.
19"Electronic smoking device" includes any such product, whether
20manufactured, distributed, marketed, or sold as an
21e-cigarette, e-cigar, e-pipe, e-hookah, or vape pen or under
22any other product name or descriptor.
23    "Employee" means a person who is employed by an employer



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1in consideration for direct or indirect monetary wages or
2profits or a person who volunteers his or her services for a
3non-profit entity.
4    "Employer" means a person, business, partnership,
5association, or corporation, including a municipal
6corporation, trust, or non-profit entity, that employs the
7services of one or more individual persons.
8    "Enclosed area" means all space between a floor and a
9ceiling that is enclosed or partially enclosed with (i) solid
10walls or windows, exclusive of doorways, or (ii) solid walls
11with partitions and no windows, exclusive of doorways, that
12extend from the floor to the ceiling, including, without
13limitation, lobbies and corridors.
14    "Enclosed or partially enclosed sports arena" means any
15sports pavilion, stadium, gymnasium, health spa, boxing arena,
16swimming pool, roller rink, ice rink, bowling alley, or other
17similar place where members of the general public assemble to
18engage in physical exercise or participate in athletic
19competitions or recreational activities or to witness sports,
20cultural, recreational, or other events.
21    "Gaming equipment or supplies" means gaming
22equipment/supplies as defined in the Illinois Gaming Board
23Rules of the Illinois Administrative Code.
24    "Gaming facility" means an establishment utilized
25primarily for the purposes of gaming and where gaming
26equipment or supplies are operated for the purposes of



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1accruing business revenue.
2    "Healthcare facility" means an office or institution
3providing care or treatment of diseases, whether physical,
4mental, or emotional, or other medical, physiological, or
5psychological conditions, including, but not limited to,
6hospitals, rehabilitation hospitals, weight control clinics,
7nursing homes, homes for the aging or chronically ill,
8laboratories, and offices of surgeons, chiropractors, physical
9therapists, physicians, dentists, and all specialists within
10these professions. "Healthcare facility" includes all waiting
11rooms, hallways, private rooms, semiprivate rooms, and wards
12within healthcare facilities.
13    "Place of employment" means any area under the control of
14a public or private employer that employees are required to
15enter, leave, or pass through during the course of employment,
16including, but not limited to entrances and exits to places of
17employment, including a minimum distance, as set forth in
18Section 70 of this Act, of 15 feet from entrances, exits,
19windows that open, and ventilation intakes that serve an
20enclosed area where smoking is prohibited; offices and work
21areas; restrooms; conference and classrooms; break rooms and
22cafeterias; and other common areas. A private residence or
23home-based business, unless used to provide licensed child
24care, foster care, adult care, or other similar social service
25care on the premises, is not a "place of employment", nor are
26enclosed laboratories, not open to the public, in an



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1accredited university or government facility where the
2activity of smoking is exclusively conducted for the purpose
3of medical or scientific health-related research. Rulemaking
4authority to implement this amendatory Act of the 95th General
5Assembly, if any, is conditioned on the rules being adopted in
6accordance with all provisions of the Illinois Administrative
7Procedure Act and all rules and procedures of the Joint
8Committee on Administrative Rules; any purported rule not so
9adopted, for whatever reason, is unauthorized.
10    "Private club" means a not-for-profit association that (1)
11has been in active and continuous existence for at least 3
12years prior to the effective date of this amendatory Act of the
1395th General Assembly, whether incorporated or not, (2) is the
14owner, lessee, or occupant of a building or portion thereof
15used exclusively for club purposes at all times, (3) is
16operated solely for a recreational, fraternal, social,
17patriotic, political, benevolent, or athletic purpose, but not
18for pecuniary gain, and (4) only sells alcoholic beverages
19incidental to its operation. For purposes of this definition,
20"private club" means an organization that is managed by a
21board of directors, executive committee, or similar body
22chosen by the members at an annual meeting, has established
23bylaws, a constitution, or both to govern its activities, and
24has been granted an exemption from the payment of federal
25income tax as a club under 26 U.S.C. 501.
26    "Private residence" means the part of a structure used as



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1a dwelling, including, without limitation: a private home,
2townhouse, condominium, apartment, mobile home, vacation home,
3cabin, or cottage. For the purposes of this definition, a
4hotel, motel, inn, resort, lodge, bed and breakfast or other
5similar public accommodation, hospital, nursing home, or
6assisted living facility shall not be considered a private
8    "Public place" means that portion of any building or
9vehicle used by and open to the public, regardless of whether
10the building or vehicle is owned in whole or in part by private
11persons or entities, the State of Illinois, or any other
12public entity and regardless of whether a fee is charged for
13admission, including a minimum distance, as set forth in
14Section 70 of this Act, of 15 feet from entrances, exits,
15windows that open, and ventilation intakes that serve an
16enclosed area where smoking is prohibited. A "public place"
17does not include a private residence unless the private
18residence is used to provide licensed child care, foster care,
19or other similar social service care on the premises. A
20"public place" includes, but is not limited to, hospitals,
21restaurants, retail stores, offices, commercial
22establishments, elevators, indoor theaters, libraries,
23museums, concert halls, public conveyances, educational
24facilities, nursing homes, auditoriums, enclosed or partially
25enclosed sports arenas, meeting rooms, schools, exhibition
26halls, convention facilities, polling places, private clubs,



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



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1manufactures, imports, or distributes tobacco, electronic
2smoking devices, or tobacco products, when, as a necessary and
3integral part of the process of making, manufacturing,
4importing, or distributing a tobacco product or electronic
5smoking device for the eventual retail sale of that tobacco,
6electronic smoking device, or tobacco product, tobacco is
7heated, burned, or smoked, or a lighted tobacco product is
8tested, provided that the involved business entity: (1)
9maintains a specially designated area or areas within the
10workplace for the purpose of the heating, burning, smoking, or
11lighting activities, and does not create a facility that
12permits smoking throughout; (2) satisfies the 80% requirement
13related to gross sales; and (3) delivers tobacco products or
14electronic smoking devices to consumers, retail
15establishments, or other wholesale establishments as part of
16its business. "Retail tobacco store" does not include a
17tobacco or electronic smoking device department or section of
18a larger commercial establishment or any establishment with
19any type of liquor, food, or restaurant license. Rulemaking
20authority to implement this amendatory Act of the 95th General
21Assembly, if any, is conditioned on the rules being adopted in
22accordance with all provisions of the Illinois Administrative
23Procedure Act and all rules and procedures of the Joint
24Committee on Administrative Rules; any purported rule not so
25adopted, for whatever reason, is unauthorized.
26    "Smoke" or "smoking" means the carrying, smoking, burning,



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1inhaling, or exhaling of any kind of lighted pipe, cigar,
2cigarette, hookah, weed, herbs, or any other lighted smoking
3equipment. "Smoke" or "smoking" includes the use of an
4electronic smoking device. "Smoke" or "smoking" does not
5include smoking that is associated with a native recognized
6religious ceremony, ritual, or activity by American Indians
7that is in accordance with the federal American Indian
8Religious Freedom Act, 42 U.S.C. 1996 and 1996a.
9    "State agency" has the meaning formerly ascribed to it in
10subsection (a) of Section 3 of the Illinois Purchasing Act
11(now repealed).
12    "Unit of local government" has the meaning ascribed to it
13in Section 1 of Article VII of the Illinois Constitution of
15(Source: P.A. 95-17, eff. 1-1-08; 95-1029, eff. 2-4-09;
1696-797, eff. 1-1-10.)