Illinois General Assembly - Full Text of HB2404
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Full Text of HB2404  99th General Assembly




State of Illinois
2015 and 2016


Introduced , by Rep. Kathleen Willis


105 ILCS 5/10-20.5b  from Ch. 122, par. 10-20.5b
410 ILCS 82/10
410 ILCS 82/35

    Amends the School Code and the Smoke Free Illinois Act. Provides that specified provisions concerning cigarettes apply also to electronic cigarettes. Defines "electronic cigarette" as any electronically actuated device which in operation causes the user to exhale any smoke, vapor, or other substance other than those produced by unenhanced human exhalation. Permits theater actors to use electronic cigarettes within performance spaces. Defines other terms.

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HB2404LRB099 05468 JLK 25503 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 School Code is amended by changing Section
510-20.5b as follows:
6    (105 ILCS 5/10-20.5b)  (from Ch. 122, par. 10-20.5b)
7    Sec. 10-20.5b. Tobacco prohibition. Each school board
8shall prohibit the use of tobacco or the use of electronic
9cigarettes as defined in the Smoke Free Illinois Act on school
10property by any school personnel, student, or other person when
11such property is being used for any school purposes. The school
12board may not authorize or permit any exception to or exemption
13from the prohibition at any place or at any time, including
14without limitation outside of school buildings or before or
15after the regular school day or on days when school is not in
16session. "School purposes" include but are not limited to all
17events or activities or other use of school property that the
18school board or school officials authorize or permit on school
19property, including without limitation all interscholastic or
20extracurricular athletic, academic, or other events sponsored
21by the school board or in which pupils of the district
22participate. For purposes of this Section "tobacco" shall mean
23cigarette, cigar, or tobacco in any other form, including



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1smokeless tobacco which is any loose, cut, shredded, ground,
2powdered, compressed or leaf tobacco that is intended to be
3placed in the mouth without being smoked.
4(Source: P.A. 89-181, eff. 7-19-95.)
5    Section 10. The Smoke Free Illinois Act is amended by
6changing Sections 10 and 35 as follows:
7    (410 ILCS 82/10)
8    Sec. 10. Definitions. In this Act:
9    "Bar" means an establishment that is devoted to the serving
10of alcoholic beverages for consumption by guests on the
11premises and that derives no more than 10% of its gross revenue
12from the sale of food consumed on the premises. "Bar" includes,
13but is not limited to, taverns, nightclubs, cocktail lounges,
14adult entertainment facilities, and cabarets.
15    "Department" means the Department of Public Health.
16    "Electronic cigarette" means any electronically actuated
17device which in operation causes the user to exhale any smoke,
18vapor, or other substance other than those produced by
19unenhanced human exhalation. "Electronic cigarette" includes
20any such device, whether manufactured, distributed, marketed,
21or sold as an electronic cigarette, an electronic cigar, an
22electronic cigarillo, an electronic pipe, an electronic
23hookah, or under any other product name or descriptor.
24"Electronic cigarette" does not include any asthma inhaler or



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



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1    "Gaming facility" means an establishment utilized
2primarily for the purposes of gaming and where gaming equipment
3or supplies are operated for the purposes of accruing business
5    "Healthcare facility" means an office or institution
6providing care or treatment of diseases, whether physical,
7mental, or emotional, or other medical, physiological, or
8psychological conditions, including, but not limited to,
9hospitals, rehabilitation hospitals, weight control clinics,
10nursing homes, homes for the aging or chronically ill,
11laboratories, and offices of surgeons, chiropractors, physical
12therapists, physicians, dentists, and all specialists within
13these professions. "Healthcare facility" includes all waiting
14rooms, hallways, private rooms, semiprivate rooms, and wards
15within healthcare facilities.
16    "Live theater location" means any building, playhouse,
17room, hall, or other place utilized by live performers to
18present artistic representations of real or imagined events in
19front of a live audience.
20    "Performance space" means the portion or portions of a live
21theater location where performances occur. "Performance space"
22excludes all other portions of live theater locations,
23including, but not limited to, hallways, lobbies, and public
25    "Place of employment" means any area under the control of a
26public or private employer that employees are required to



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1enter, leave, or pass through during the course of employment,
2including, but not limited to entrances and exits to places of
3employment, including a minimum distance, as set forth in
4Section 70 of this Act, of 15 feet from entrances, exits,
5windows that open, and ventilation intakes that serve an
6enclosed area where smoking is prohibited; offices and work
7areas; restrooms; conference and classrooms; break rooms and
8cafeterias; and other common areas. A private residence or
9home-based business, unless used to provide licensed child
10care, foster care, adult care, or other similar social service
11care on the premises, is not a "place of employment", nor are
12enclosed laboratories, not open to the public, in an accredited
13university or government facility where the activity of smoking
14is exclusively conducted for the purpose of medical or
15scientific health-related research. 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    "Private club" means a not-for-profit association that (1)
23has been in active and continuous existence for at least 3
24years prior to the effective date of this amendatory Act of the
2595th General Assembly, whether incorporated or not, (2) is the
26owner, lessee, or occupant of a building or portion thereof



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1used exclusively for club purposes at all times, (3) is
2operated solely for a recreational, fraternal, social,
3patriotic, political, benevolent, or athletic purpose, but not
4for pecuniary gain, and (4) only sells alcoholic beverages
5incidental to its operation. For purposes of this definition,
6"private club" means an organization that is managed by a board
7of directors, executive committee, or similar body chosen by
8the members at an annual meeting, has established bylaws, a
9constitution, or both to govern its activities, and has been
10granted an exemption from the payment of federal income tax as
11a club under 26 U.S.C. 501.
12    "Private residence" means the part of a structure used as a
13dwelling, including, without limitation: a private home,
14townhouse, condominium, apartment, mobile home, vacation home,
15cabin, or cottage. For the purposes of this definition, a
16hotel, motel, inn, resort, lodge, bed and breakfast or other
17similar public accommodation, hospital, nursing home, or
18assisted living facility shall not be considered a private
20    "Public place" means that portion of any building or
21vehicle used by and open to the public, regardless of whether
22the building or vehicle is owned in whole or in part by private
23persons or entities, the State of Illinois, or any other public
24entity and regardless of whether a fee is charged for
25admission, including a minimum distance, as set forth in
26Section 70 of this Act, of 15 feet from entrances, exits,



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1windows that open, and ventilation intakes that serve an
2enclosed area where smoking is prohibited. A "public place"
3does not include a private residence unless the private
4residence is used to provide licensed child care, foster care,
5or other similar social service care on the premises. A "public
6place" includes, but is not limited to, hospitals, restaurants,
7retail stores, offices, commercial establishments, elevators,
8indoor theaters, libraries, museums, concert halls, public
9conveyances, educational facilities, nursing homes,
10auditoriums, enclosed or partially enclosed sports arenas,
11meeting rooms, schools, exhibition halls, convention
12facilities, polling places, private clubs, gaming facilities,
13all government owned vehicles and facilities, including
14buildings and vehicles owned, leased, or operated by the State
15or State subcontract, healthcare facilities or clinics,
16enclosed shopping centers, retail service establishments,
17financial institutions, educational facilities, ticket areas,
18public hearing facilities, public restrooms, waiting areas,
19lobbies, bars, taverns, bowling alleys, skating rinks,
20reception areas, and no less than 75% of the sleeping quarters
21within a hotel, motel, resort, inn, lodge, bed and breakfast,
22or other similar public accommodation that are rented to
23guests, but excludes private residences.
24    "Restaurant" means (i) an eating establishment, including,
25but not limited to, coffee shops, cafeterias, sandwich stands,
26and private and public school cafeterias, that gives or offers



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



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1establishment with any type of liquor, food, or restaurant
2license. Rulemaking authority to implement this amendatory Act
3of the 95th General Assembly, if any, is conditioned on the
4rules being adopted in accordance with all provisions of the
5Illinois Administrative Procedure Act and all rules and
6procedures of the Joint Committee on Administrative Rules; any
7purported rule not so adopted, for whatever reason, is
9    "Smoke" or "smoking" means the carrying, smoking, burning,
10inhaling, or exhaling of any kind of lighted pipe, cigar,
11cigarette, hookah, weed, herbs, or any other lighted smoking
12equipment or the use of any electronic cigarette. "Smoke" or
13"smoking" does not include smoking that is associated with a
14native recognized religious ceremony, ritual, or activity by
15American Indians that is in accordance with the federal
16American Indian Religious Freedom Act, 42 U.S.C. 1996 and
18    "State agency" has the meaning formerly ascribed to it in
19subsection (a) of Section 3 of the Illinois Purchasing Act (now
21    "Theater actor" means an individual in the process of
22presenting an artistic representation of real or imagined
23events in front of a live audience, or in the process of
24rehearsing to do the same.
25    "Unit of local government" has the meaning ascribed to it
26in Section 1 of Article VII of the Illinois Constitution of



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2(Source: P.A. 95-17, eff. 1-1-08; 95-1029, eff. 2-4-09; 96-797,
3eff. 1-1-10.)
4    (410 ILCS 82/35)
5    Sec. 35. Exemptions.
6    (a) Notwithstanding any other provision of this Act,
7smoking is allowed in the following areas:
8        (1) Private residences or dwelling places, except when
9    used as a child care, adult day care, or healthcare
10    facility or any other home-based business open to the
11    public.
12        (2) Retail tobacco stores as defined in Section 10 of
13    this Act in operation prior to the effective date of this
14    amendatory Act of the 95th General Assembly. The retail
15    tobacco store shall annually file with the Department by
16    January 31st an affidavit stating the percentage of its
17    gross income during the prior calendar year that was
18    derived from the sale of loose tobacco, plants, or herbs
19    and cigars, cigarettes, pipes, or other smoking devices for
20    smoking tobacco and related smoking accessories. Any
21    retail tobacco store that begins operation after the
22    effective date of this amendatory Act may only qualify for
23    an exemption if located in a freestanding structure
24    occupied solely by the business and smoke from the business
25    does not migrate into an enclosed area where smoking is



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1    prohibited.
2        (3) (Blank).
3        (4) Hotel and motel sleeping rooms that are rented to
4    guests and are designated as smoking rooms, provided that
5    all smoking rooms on the same floor must be contiguous and
6    smoke from these rooms must not infiltrate into nonsmoking
7    rooms or other areas where smoking is prohibited. Not more
8    than 25% of the rooms rented to guests in a hotel or motel
9    may be designated as rooms where smoking is allowed. The
10    status of rooms as smoking or nonsmoking may not be
11    changed, except to permanently add additional nonsmoking
12    rooms.
13        (5) Enclosed laboratories that are excluded from the
14    definition of "place of employment" in Section 10 of this
15    Act. Rulemaking authority to implement this amendatory Act
16    of the 95th General Assembly, if any, is conditioned on the
17    rules being adopted in accordance with all provisions of
18    the Illinois Administrative Procedure Act and all rules and
19    procedures of the Joint Committee on Administrative Rules;
20    any purported rule not so adopted, for whatever reason, is
21    unauthorized.
22        (6) Common smoking rooms in long-term care facilities
23    operated under the authority of the Illinois Department of
24    Veterans' Affairs or licensed under the Nursing Home Care
25    Act that are accessible only to residents who are smokers
26    and have requested in writing to have access to the common



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1    smoking room where smoking is permitted and the smoke shall
2    not infiltrate other areas of the long-term care facility.
3    Rulemaking authority to implement this amendatory Act of
4    the 95th General Assembly, if any, is conditioned on the
5    rules being adopted in accordance with all provisions of
6    the Illinois Administrative Procedure Act and all rules and
7    procedures of the Joint Committee on Administrative Rules;
8    any purported rule not so adopted, for whatever reason, is
9    unauthorized.
10        (7) A convention hall of the Donald E. Stephens
11    Convention Center where a meeting or trade show for
12    manufacturers and suppliers of tobacco and tobacco
13    products and accessories is being held, during the time the
14    meeting or trade show is occurring, if the meeting or trade
15    show:
16            (i) is a trade-only event and not open to the
17        public;
18            (ii) is limited to attendees and exhibitors that
19        are 21 years of age or older;
20            (iii) is being produced or organized by a business
21        relating to tobacco or a professional association for
22        convenience stores; and
23            (iv) involves the display of tobacco products.
24        Smoking is not allowed in any public area outside of
25    the hall designated for the meeting or trade show.
26        This paragraph (7) is inoperative on and after October



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1    1, 2015.
2    (b) Notwithstanding any other provision of this Act, a
3theater actor may use electronic cigarettes within performance
5(Source: P.A. 98-1023, eff. 8-22-14.)