Illinois General Assembly - Full Text of HB0201
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Full Text of HB0201  102nd General Assembly




State of Illinois
2021 and 2022


Introduced 1/22/2021, by Rep. La Shawn K. Ford


410 ILCS 82/10

    Amends the Smoke Free Illinois Act. Includes the use of electronic cigarettes in the definition of "smoke" or "smoking". Changes the definition of "retail tobacco store" to include references to electronic cigarettes. Defines "electronic cigarette".

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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 cigarette" has the same meaning as provided in
16subsection (a-9) of Section 1 of the Prevention of Tobacco Use
17by Persons under 21 Years of Age and Sale and Distribution of
18Tobacco Products Act.
19    "Employee" means a person who is employed by an employer
20in consideration for direct or indirect monetary wages or
21profits or a person who volunteers his or her services for a
22non-profit entity.
23    "Employer" means a person, business, partnership,



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



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1psychological conditions, including, but not limited to,
2hospitals, rehabilitation hospitals, weight control clinics,
3nursing homes, homes for the aging or chronically ill,
4laboratories, and offices of surgeons, chiropractors, physical
5therapists, physicians, dentists, and all specialists within
6these professions. "Healthcare facility" includes all waiting
7rooms, hallways, private rooms, semiprivate rooms, and wards
8within healthcare facilities.
9    "Place of employment" means any area under the control of
10a public or private employer that employees are required to
11enter, leave, or pass through during the course of employment,
12including, but not limited to entrances and exits to places of
13employment, 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; offices and work
17areas; restrooms; conference and classrooms; break rooms and
18cafeterias; and other common areas. A private residence or
19home-based business, unless used to provide licensed child
20care, foster care, adult care, or other similar social service
21care on the premises, is not a "place of employment", nor are
22enclosed laboratories, not open to the public, in an
23accredited university or government facility where the
24activity of smoking is exclusively conducted for the purpose
25of medical or scientific health-related research. Rulemaking
26authority to implement this amendatory Act of the 95th General



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1Assembly, if any, is conditioned on the rules being adopted in
2accordance with all provisions of the Illinois Administrative
3Procedure Act and all rules and procedures of the Joint
4Committee on Administrative Rules; any purported rule not so
5adopted, for whatever reason, is unauthorized.
6    "Private club" means a not-for-profit association that (1)
7has been in active and continuous existence for at least 3
8years prior to the effective date of this amendatory Act of the
995th General Assembly, whether incorporated or not, (2) is the
10owner, lessee, or occupant of a building or portion thereof
11used exclusively for club purposes at all times, (3) is
12operated solely for a recreational, fraternal, social,
13patriotic, political, benevolent, or athletic purpose, but not
14for pecuniary gain, and (4) only sells alcoholic beverages
15incidental to its operation. For purposes of this definition,
16"private club" means an organization that is managed by a
17board of directors, executive committee, or similar body
18chosen by the members at an annual meeting, has established
19bylaws, a constitution, or both to govern its activities, and
20has been granted an exemption from the payment of federal
21income tax as a club under 26 U.S.C. 501.
22    "Private residence" means the part of a structure used as
23a dwelling, including, without limitation: a private home,
24townhouse, condominium, apartment, mobile home, vacation home,
25cabin, or cottage. For the purposes of this definition, a
26hotel, motel, inn, resort, lodge, bed and breakfast or other



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1similar public accommodation, hospital, nursing home, or
2assisted living facility shall not be considered a private
4    "Public place" means that portion of any building or
5vehicle used by and open to the public, regardless of whether
6the building or vehicle is owned in whole or in part by private
7persons or entities, the State of Illinois, or any other
8public entity and regardless of whether a fee is charged for
9admission, including a minimum distance, as set forth in
10Section 70 of this Act, of 15 feet from entrances, exits,
11windows that open, and ventilation intakes that serve an
12enclosed area where smoking is prohibited. A "public place"
13does not include a private residence unless the private
14residence is used to provide licensed child care, foster care,
15or other similar social service care on the premises. A
16"public place" includes, but is not limited to, hospitals,
17restaurants, retail stores, offices, commercial
18establishments, elevators, indoor theaters, libraries,
19museums, concert halls, public conveyances, educational
20facilities, nursing homes, auditoriums, enclosed or partially
21enclosed sports arenas, meeting rooms, schools, exhibition
22halls, convention facilities, polling places, private clubs,
23gaming facilities, all government owned vehicles and
24facilities, including buildings and vehicles owned, leased, or
25operated by the State or State subcontract, healthcare
26facilities or clinics, enclosed shopping centers, retail



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1service establishments, financial institutions, educational
2facilities, ticket areas, public hearing facilities, public
3restrooms, waiting areas, lobbies, bars, taverns, bowling
4alleys, skating rinks, reception areas, and no less than 75%
5of the sleeping quarters within a hotel, motel, resort, inn,
6lodge, bed and breakfast, or other similar public
7accommodation that are rented to guests, but excludes private
9    "Restaurant" means (i) an eating establishment, including,
10but not limited to, coffee shops, cafeterias, sandwich stands,
11and private and public school cafeterias, that gives or offers
12for sale food to the public, guests, or employees, and (ii) a
13kitchen or catering facility in which food is prepared on the
14premises for serving elsewhere. "Restaurant" includes a bar
15area within the restaurant.
16    "Retail tobacco store" means a retail establishment that
17derives more than 80% of its gross revenue from the sale of
18loose tobacco, plants, or herbs and cigars, electronic
19cigarettes, cigarettes, pipes, and other smoking devices for
20burning tobacco and related smoking accessories and in which
21the sale of other products is merely incidental. "Retail
22tobacco store" includes an enclosed workplace that
23manufactures, imports, or distributes tobacco, electronic
24cigarettes, or tobacco products, when, as a necessary and
25integral part of the process of making, manufacturing,
26importing, or distributing a tobacco product or electronic



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



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1smoking that is associated with a native recognized religious
2ceremony, ritual, or activity by American Indians that is in
3accordance with the federal American Indian Religious Freedom
4Act, 42 U.S.C. 1996 and 1996a.
5    "State agency" has the meaning formerly ascribed to it in
6subsection (a) of Section 3 of the Illinois Purchasing Act
7(now repealed).
8    "Unit of local government" has the meaning ascribed to it
9in Section 1 of Article VII of the Illinois Constitution of
11(Source: P.A. 95-17, eff. 1-1-08; 95-1029, eff. 2-4-09;
1296-797, eff. 1-1-10.)