Illinois General Assembly - Full Text of SB1561
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Full Text of SB1561  103rd General Assembly


Sen. Julie A. Morrison

Filed: 2/21/2023





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2    AMENDMENT NO. ______. Amend Senate Bill 1561 by replacing
3everything after the enacting clause with the following:
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



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1human consumption that can be used by a person in any manner
2for the purpose of inhaling vapor or aerosol from the product.
3"Electronic smoking device" includes any such product, whether
4manufactured, distributed, marketed, or sold as an
5e-cigarette, e-cigar, e-pipe, e-hookah, or vape pen or under
6any other product name or descriptor.
7    "Employee" means a person who is employed by an employer
8in consideration for direct or indirect monetary wages or
9profits or a person who volunteers his or her services for a
10non-profit entity.
11    "Employer" means a person, business, partnership,
12association, or corporation, including a municipal
13corporation, trust, or non-profit entity, that employs the
14services of one or more individual persons.
15    "Enclosed area" means all space between a floor and a
16ceiling that is enclosed or partially enclosed with (i) solid
17walls or windows, exclusive of doorways, or (ii) solid walls
18with partitions and no windows, exclusive of doorways, that
19extend from the floor to the ceiling, including, without
20limitation, lobbies and corridors.
21    "Enclosed or partially enclosed sports arena" means any
22sports pavilion, stadium, gymnasium, health spa, boxing arena,
23swimming pool, roller rink, ice rink, bowling alley, or other
24similar place where members of the general public assemble to
25engage in physical exercise or participate in athletic
26competitions or recreational activities or to witness sports,



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1cultural, recreational, or other events.
2    "Gaming equipment or supplies" means gaming
3equipment/supplies as defined in the Illinois Gaming Board
4Rules of the Illinois Administrative Code.
5    "Gaming facility" means an establishment utilized
6primarily for the purposes of gaming and where gaming
7equipment or supplies are operated for the purposes of
8accruing business revenue.
9    "Healthcare facility" means an office or institution
10providing care or treatment of diseases, whether physical,
11mental, or emotional, or other medical, physiological, or
12psychological conditions, including, but not limited to,
13hospitals, rehabilitation hospitals, weight control clinics,
14nursing homes, homes for the aging or chronically ill,
15laboratories, and offices of surgeons, chiropractors, physical
16therapists, physicians, dentists, and all specialists within
17these professions. "Healthcare facility" includes all waiting
18rooms, hallways, private rooms, semiprivate rooms, and wards
19within healthcare facilities.
20    "Place of employment" means any area under the control of
21a public or private employer that employees are required to
22enter, leave, or pass through during the course of employment,
23including, but not limited to entrances and exits to places of
24employment, including a minimum distance, as set forth in
25Section 70 of this Act, of 15 feet from entrances, exits,
26windows that open, and ventilation intakes that serve an



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1enclosed area where smoking is prohibited; offices and work
2areas; restrooms; conference and classrooms; break rooms and
3cafeterias; and other common areas. A private residence or
4home-based business, unless used to provide licensed child
5care, foster care, adult care, or other similar social service
6care on the premises, is not a "place of employment", nor are
7enclosed laboratories, not open to the public, in an
8accredited university or government facility where the
9activity of smoking is exclusively conducted for the purpose
10of medical or scientific health-related research. Rulemaking
11authority to implement this amendatory Act of the 95th General
12Assembly, if any, is conditioned on the rules being adopted in
13accordance with all provisions of the Illinois Administrative
14Procedure Act and all rules and procedures of the Joint
15Committee on Administrative Rules; any purported rule not so
16adopted, for whatever reason, is unauthorized.
17    "Private club" means a not-for-profit association that (1)
18has been in active and continuous existence for at least 3
19years prior to the effective date of this amendatory Act of the
2095th General Assembly, whether incorporated or not, (2) is the
21owner, lessee, or occupant of a building or portion thereof
22used exclusively for club purposes at all times, (3) is
23operated solely for a recreational, fraternal, social,
24patriotic, political, benevolent, or athletic purpose, but not
25for pecuniary gain, and (4) only sells alcoholic beverages
26incidental to its operation. For purposes of this definition,



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1"private club" means an organization that is managed by a
2board of directors, executive committee, or similar body
3chosen by the members at an annual meeting, has established
4bylaws, a constitution, or both to govern its activities, and
5has been granted an exemption from the payment of federal
6income tax as a club under 26 U.S.C. 501.
7    "Private residence" means the part of a structure used as
8a dwelling, including, without limitation: a private home,
9townhouse, condominium, apartment, mobile home, vacation home,
10cabin, or cottage. For the purposes of this definition, a
11hotel, motel, inn, resort, lodge, bed and breakfast or other
12similar public accommodation, hospital, nursing home, or
13assisted living facility shall not be considered a private
15    "Public place" means that portion of any building or
16vehicle used by and open to the public, regardless of whether
17the building or vehicle is owned in whole or in part by private
18persons or entities, the State of Illinois, or any other
19public entity and regardless of whether a fee is charged for
20admission, including a minimum distance, as set forth in
21Section 70 of this Act, of 15 feet from entrances, exits,
22windows that open, and ventilation intakes that serve an
23enclosed area where smoking is prohibited. A "public place"
24does not include a private residence unless the private
25residence is used to provide licensed child care, foster care,
26or other similar social service care on the premises. A



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



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1    "Retail tobacco store" means a retail establishment that
2derives more than 80% of its gross revenue from the sale of
3loose tobacco, plants, or herbs and cigars, electronic smoking
4devices, cigarettes, pipes, and other smoking devices for
5burning tobacco and related smoking accessories and in which
6the sale of other products is merely incidental. "Retail
7tobacco store" includes an enclosed workplace that
8manufactures, imports, or distributes tobacco, electronic
9smoking devices, or tobacco products, when, as a necessary and
10integral part of the process of making, manufacturing,
11importing, or distributing a tobacco product or electronic
12smoking device for the eventual retail sale of that tobacco,
13electronic smoking device, or tobacco product, tobacco is
14heated, burned, or smoked, or a lighted tobacco product is
15tested, provided that the involved business entity: (1)
16maintains a specially designated area or areas within the
17workplace for the purpose of the heating, burning, smoking, or
18lighting activities, and does not create a facility that
19permits smoking throughout; (2) satisfies the 80% requirement
20related to gross sales; and (3) delivers tobacco products or
21electronic smoking devices to consumers, retail
22establishments, or other wholesale establishments as part of
23its business. "Retail tobacco store" does not include a
24tobacco or electronic smoking device department or section of
25a larger commercial establishment or any establishment with
26any type of liquor, food, or restaurant license. Rulemaking



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1authority to implement this amendatory Act of the 95th General
2Assembly, if any, is conditioned on the rules being adopted in
3accordance with all provisions of the Illinois Administrative
4Procedure Act and all rules and procedures of the Joint
5Committee on Administrative Rules; any purported rule not so
6adopted, for whatever reason, is unauthorized.
7    "Smoke" or "smoking" means the carrying, smoking, burning,
8inhaling, or exhaling of any kind of lighted pipe, cigar,
9cigarette, hookah, weed, herbs, or any other lighted smoking
10equipment. "Smoke" or "smoking" includes the use of an
11electronic smoking device. "Smoke" or "smoking" does not
12include smoking that is associated with a native recognized
13religious ceremony, ritual, or activity by American Indians
14that is in accordance with the federal American Indian
15Religious Freedom Act, 42 U.S.C. 1996 and 1996a.
16    "State agency" has the meaning formerly ascribed to it in
17subsection (a) of Section 3 of the Illinois Purchasing Act
18(now repealed).
19    "Unit of local government" has the meaning ascribed to it
20in Section 1 of Article VII of the Illinois Constitution of
22(Source: P.A. 95-17, eff. 1-1-08; 95-1029, eff. 2-4-09;
2396-797, eff. 1-1-10.)".