Full Text of HB3460 103rd General Assembly
HB3460 103RD GENERAL ASSEMBLY |
| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 HB3460 Introduced 2/17/2023, by Rep. Brad Stephens SYNOPSIS AS INTRODUCED: |
| 410 ILCS 82/5 | | 410 ILCS 82/10 | | 410 ILCS 82/15 | |
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Amends the Smoke Free Illinois Act. Finds that the act of consuming tobacco products by means of vaporization devices, or vaping, when carried out in public spaces, is intrusive and a potential danger to public health, especially in times of aerosol-borne infectious diseases. Defines "alternative nicotine product", "electronic cigarette", and "tobacco product". Provides that no person shall smoke tobacco products, electronic cigarettes, or alternative nicotine products in a public place, a place of employment, or a governmental vehicle.
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| | A BILL FOR |
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| 1 | | AN ACT concerning health.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Smoke Free Illinois Act is amended by | 5 | | changing Sections 5, 10, and 15 as follows: | 6 | | (410 ILCS 82/5)
| 7 | | Sec. 5. Findings. The General Assembly finds that tobacco | 8 | | smoke is
a harmful and dangerous carcinogen to human beings | 9 | | and a hazard to public health. Secondhand tobacco smoke causes | 10 | | at least 65,000 deaths each year from heart disease and lung | 11 | | cancer according to the National Cancer Institute. Secondhand | 12 | | tobacco smoke causes heart disease, stroke, cancer, sudden | 13 | | infant death syndrome, low-birth-weight in infants, asthma and | 14 | | exacerbation of asthma, bronchitis and pneumonia in children | 15 | | and adults. Secondhand tobacco smoke is the third leading | 16 | | cause of preventable death in the United States. Illinois | 17 | | workers exposed to secondhand tobacco smoke are at increased | 18 | | risk of premature death. An estimated 2,900 Illinois citizens | 19 | | die each year from exposure to secondhand tobacco smoke.
| 20 | | The General Assembly also finds that the United States | 21 | | Surgeon General's 2006 report has determined that there is no | 22 | | risk-free level of exposure to secondhand smoke; the | 23 | | scientific evidence that secondhand smoke causes serious |
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| 1 | | diseases, including lung cancer, heart disease, and | 2 | | respiratory illnesses such as bronchitis and asthma, is | 3 | | massive and conclusive; separating smokers from nonsmokers, | 4 | | cleaning the air, and ventilating buildings cannot eliminate | 5 | | secondhand smoke exposure; smoke-free workplace policies are | 6 | | effective in reducing secondhand smoke exposure; and | 7 | | smoke-free workplace policies do not have an adverse economic | 8 | | impact on the hospitality industry. | 9 | | The General Assembly also finds that the Environmental | 10 | | Protection Agency has determined that secondhand smoke cannot | 11 | | be reduced to safe levels in businesses by high rates of | 12 | | ventilation. Air cleaners, which are capable only of filtering | 13 | | the particulate matter and odors in smoke, do not eliminate | 14 | | the known toxins in secondhand smoke. The American Society of | 15 | | Heating, Refrigerating and Air-Conditioning Engineers (ASHRAE) | 16 | | bases its ventilation standards on totally smoke-free | 17 | | environments because it cannot determine a safe level of | 18 | | exposure to secondhand smoke, which contains cancer-causing | 19 | | chemicals, and ASHRAE acknowledges that technology does not | 20 | | exist that can remove chemicals that cause cancer from the | 21 | | air. A June 30, 2005 ASHRAE position document on secondhand | 22 | | smoke concludes that, at present, the only means of | 23 | | eliminating health risks associated with indoor exposure is to | 24 | | eliminate all smoking activity indoors. | 25 | | The General Assembly also finds that the act of consuming | 26 | | tobacco products by means of vaporization devices, or vaping, |
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| 1 | | when carried out in public spaces, is intrusive and a | 2 | | potential danger to public health, especially in times of | 3 | | aerosol-borne infectious diseases.
| 4 | | (Source: P.A. 95-17, eff. 1-1-08.) | 5 | | (410 ILCS 82/10)
| 6 | | Sec. 10. Definitions. In this Act: | 7 | | "Alternative nicotine product" has the meaning provided in | 8 | | Section 1 of the Prevention of Tobacco Use by Persons under 21 | 9 | | Years of Age and Sale and Distribution of Tobacco Products | 10 | | Act. | 11 | | "Bar" means an establishment that is devoted to the | 12 | | serving of alcoholic beverages for consumption by guests on | 13 | | the premises and that derives no more than 10% of its gross | 14 | | revenue from the sale of food consumed on the premises. "Bar" | 15 | | includes, but is not limited to, taverns, nightclubs, cocktail | 16 | | lounges, adult entertainment facilities, and cabarets. | 17 | | "Department" means the Department of Public Health. | 18 | | "Electronic cigarette" has the meaning provided in Section | 19 | | 1 of the Prevention of Tobacco Use by Persons under 21 Years of | 20 | | Age and Sale and Distribution of Tobacco Products Act.
| 21 | | "Employee" means a person who is employed by an employer | 22 | | in consideration for direct or indirect monetary wages or | 23 | | profits or a person who volunteers his or her services for a | 24 | | non-profit entity. | 25 | | "Employer" means a person, business, partnership, |
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| 1 | | association, or corporation, including a municipal | 2 | | corporation, trust, or non-profit entity, that employs the | 3 | | services of one or more individual persons. | 4 | | "Enclosed area" means all space between a floor and a | 5 | | ceiling that is enclosed or partially enclosed with (i) solid | 6 | | walls or windows, exclusive of doorways, or (ii) solid walls | 7 | | with partitions and no windows, exclusive of doorways, that | 8 | | extend from the floor to the ceiling, including, without | 9 | | limitation, lobbies and corridors. | 10 | | "Enclosed or partially enclosed sports arena" means any | 11 | | sports pavilion, stadium, gymnasium, health spa, boxing arena, | 12 | | swimming pool, roller rink, ice rink, bowling alley, or other | 13 | | similar place where members of the general public assemble to | 14 | | engage in physical exercise or participate in athletic | 15 | | competitions or recreational activities or to witness sports, | 16 | | cultural, recreational, or other events. | 17 | | "Gaming equipment or supplies" means gaming | 18 | | equipment/supplies as defined in the Illinois Gaming Board | 19 | | Rules of the Illinois Administrative Code. | 20 | | "Gaming facility" means an establishment utilized | 21 | | primarily for the purposes of gaming and where gaming | 22 | | equipment or supplies are operated for the purposes of | 23 | | accruing business revenue. | 24 | | "Healthcare facility" means an office or institution | 25 | | providing care or treatment of diseases, whether physical, | 26 | | mental, or emotional, or other medical, physiological, or |
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| 1 | | psychological conditions, including, but not limited to, | 2 | | hospitals, rehabilitation hospitals, weight control clinics, | 3 | | nursing homes, homes for the aging or chronically ill, | 4 | | laboratories, and offices of surgeons, chiropractors, physical | 5 | | therapists, physicians, dentists, and all specialists within | 6 | | these professions. "Healthcare facility" includes all waiting | 7 | | rooms, hallways, private rooms, semiprivate rooms, and wards | 8 | | within healthcare facilities. | 9 | | "Place of employment" means any area under the control of | 10 | | a public or private employer that employees are required to | 11 | | enter, leave, or pass through during the course of employment, | 12 | | including, but not limited to entrances and exits to places of | 13 | | employment, including a minimum distance, as set forth in | 14 | | Section 70 of this Act, of 15 feet from entrances, exits, | 15 | | windows that open, and ventilation intakes that serve an | 16 | | enclosed area where smoking is prohibited; offices and work | 17 | | areas; restrooms; conference and classrooms; break rooms and | 18 | | cafeterias; and other common areas. A private residence or | 19 | | home-based business, unless used to provide licensed child | 20 | | care, foster care, adult care, or other similar social service | 21 | | care on the premises, is not a "place of employment", nor are | 22 | | enclosed laboratories, not open to the public, in an | 23 | | accredited
university or government facility where the | 24 | | activity of smoking is
exclusively conducted for the purpose | 25 | | of medical or scientific health-related research. Rulemaking | 26 | | authority to implement this amendatory Act of the 95th General |
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| 1 | | Assembly, if any, is conditioned on the rules being adopted in | 2 | | accordance with all provisions of the Illinois Administrative | 3 | | Procedure Act and all rules and procedures of the Joint | 4 | | Committee on Administrative Rules; any purported rule not so | 5 | | adopted, for whatever reason, is unauthorized.
| 6 | | "Private club" means a not-for-profit association that (1) | 7 | | has been in active and continuous existence for at least 3 | 8 | | years prior to the effective date of this amendatory Act of the | 9 | | 95th General Assembly, whether incorporated or not, (2) is the | 10 | | owner, lessee, or occupant of a building or portion thereof | 11 | | used exclusively for club purposes at all times, (3) is | 12 | | operated solely for a recreational, fraternal, social, | 13 | | patriotic, political, benevolent, or athletic purpose, but not | 14 | | for pecuniary gain, and (4) only sells alcoholic beverages | 15 | | incidental to its operation. For purposes of this definition, | 16 | | "private club" means an organization that is managed by a | 17 | | board of directors, executive committee, or similar body | 18 | | chosen by the members at an annual meeting, has established | 19 | | bylaws, a constitution, or both to govern its activities, and | 20 | | has been granted an exemption from the payment of federal | 21 | | income tax as a club under 26 U.S.C. 501. | 22 | | "Private residence" means the part of a structure used as | 23 | | a dwelling, including, without limitation: a private home, | 24 | | townhouse, condominium, apartment, mobile home, vacation home, | 25 | | cabin, or cottage. For the purposes of this definition, a | 26 | | hotel, motel, inn, resort, lodge, bed and breakfast or other |
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| 1 | | similar public accommodation, hospital, nursing home, or | 2 | | assisted living facility shall not be considered a private | 3 | | residence. | 4 | | "Public place" means that portion of any building or | 5 | | vehicle used by and open to the public, regardless of whether | 6 | | the building or vehicle is owned in whole or in part by private | 7 | | persons or entities, the State of Illinois, or any other | 8 | | public entity and regardless of whether a fee is charged for | 9 | | admission, including a minimum distance, as set forth in | 10 | | Section 70 of this Act, of 15 feet from entrances, exits, | 11 | | windows that open, and ventilation intakes that serve an | 12 | | enclosed area where smoking is prohibited. A "public place" | 13 | | does not include a private residence unless the private | 14 | | residence is used to provide licensed child care, foster care, | 15 | | or other similar social service care on the premises. A | 16 | | "public place" includes, but is not limited to,
hospitals, | 17 | | restaurants, retail stores, offices, commercial | 18 | | establishments,
elevators, indoor theaters, libraries, | 19 | | museums, concert halls, public
conveyances, educational | 20 | | facilities, nursing homes, auditoriums, enclosed or partially | 21 | | enclosed sports arenas,
meeting rooms, schools, exhibition | 22 | | halls, convention facilities, polling places, private clubs, | 23 | | gaming facilities, all government owned vehicles and | 24 | | facilities, including buildings and vehicles owned, leased, or | 25 | | operated by the State or State subcontract, healthcare | 26 | | facilities or clinics, enclosed shopping centers, retail |
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| 1 | | service establishments, financial institutions, educational | 2 | | facilities, ticket areas, public hearing facilities, public | 3 | | restrooms, waiting areas, lobbies, bars, taverns, bowling | 4 | | alleys, skating rinks, reception areas, and no less than 75% | 5 | | of the sleeping quarters within a hotel, motel, resort, inn, | 6 | | lodge, bed and breakfast, or other similar public | 7 | | accommodation that are rented to guests, but excludes private | 8 | | residences.
| 9 | | "Restaurant" means (i) an eating establishment, including, | 10 | | but not limited to, coffee shops, cafeterias, sandwich stands, | 11 | | and private and public school cafeterias, that gives or offers | 12 | | for sale food to the public, guests, or employees, and (ii) a | 13 | | kitchen or catering facility in which food is prepared on the | 14 | | premises for serving elsewhere. "Restaurant" includes a bar | 15 | | area within the restaurant. | 16 | | "Retail tobacco store" means a retail establishment that | 17 | | derives more than 80% of its gross revenue from the sale of | 18 | | loose tobacco, plants, or herbs and cigars, cigarettes, pipes, | 19 | | and other smoking devices for burning tobacco and related | 20 | | smoking accessories and in which the sale of other products is | 21 | | merely incidental. "Retail tobacco store" includes an enclosed | 22 | | workplace that manufactures, imports, or distributes tobacco | 23 | | or tobacco products, when, as a necessary and integral part of | 24 | | the process of making, manufacturing, importing, or | 25 | | distributing a tobacco product for the eventual retail sale of | 26 | | that tobacco or tobacco product, tobacco is heated, burned, or |
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| 1 | | smoked, or a lighted tobacco product is tested, provided that | 2 | | the involved business entity: (1) maintains a specially | 3 | | designated area or areas within the workplace for the purpose | 4 | | of the heating, burning, smoking, or lighting activities, and | 5 | | does not create a facility that permits smoking throughout; | 6 | | (2) satisfies the 80% requirement related to gross sales; and | 7 | | (3) delivers tobacco products to consumers, retail | 8 | | establishments, or other wholesale establishments as part of | 9 | | its business. "Retail tobacco store" does not include a | 10 | | tobacco department or section of a larger commercial | 11 | | establishment or any establishment with any type of liquor, | 12 | | food, or restaurant license. Rulemaking authority to implement | 13 | | this amendatory Act of the 95th General Assembly, if any, is | 14 | | conditioned on the rules being adopted in accordance with all | 15 | | provisions of the Illinois Administrative Procedure Act and | 16 | | all rules and procedures of the Joint Committee on | 17 | | Administrative Rules; any purported rule not so adopted, for | 18 | | whatever reason, is unauthorized. | 19 | | "Smoke" or "smoking" means the carrying, smoking, burning, | 20 | | inhaling, or exhaling of any kind of lighted pipe, cigar, | 21 | | cigarette, hookah, weed, herbs, or any other lighted smoking | 22 | | equipment. "Smoke" or "smoking" does not include smoking that | 23 | | is associated with a native recognized religious ceremony, | 24 | | ritual, or activity by American Indians that is in accordance | 25 | | with the federal American Indian Religious Freedom Act, 42 | 26 | | U.S.C. 1996 and 1996a.
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| 1 | | "State agency" has the meaning formerly ascribed to it in | 2 | | subsection
(a) of Section 3 of the Illinois Purchasing Act | 3 | | (now repealed). | 4 | | "Tobacco product" has the meaning provided in Section 1 of | 5 | | the Prevention of Tobacco Use by Persons under 21 Years of Age | 6 | | and Sale and Distribution of Tobacco Products Act.
| 7 | | "Unit of local government" has the meaning ascribed to it | 8 | | in Section
1 of Article VII of the Illinois Constitution of | 9 | | 1970.
| 10 | | (Source: P.A. 95-17, eff. 1-1-08; 95-1029, eff. 2-4-09; | 11 | | 96-797, eff. 1-1-10.) | 12 | | (410 ILCS 82/15)
| 13 | | Sec. 15. Smoking in public places, places of employment, | 14 | | and governmental vehicles prohibited. No person shall smoke in | 15 | | a public place or in any place of employment or within 15 feet | 16 | | of any entrance to a public place or place of employment. No | 17 | | person may smoke in any vehicle owned, leased, or operated by | 18 | | the State or a political subdivision of the State. An owner | 19 | | shall reasonably assure that smoking is prohibited in indoor | 20 | | public places and workplaces unless specifically exempted by | 21 | | Section 35 of this Act. This Section further applies to | 22 | | smoking tobacco products, electronic cigarettes, and | 23 | | alternative nicotine products in public places, a place of | 24 | | employment, and a governmental vehicle.
| 25 | | (Source: P.A. 95-17, eff. 1-1-08; 95-1029, eff. 2-4-09.)
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