Full Text of SB3445 103rd General Assembly
SB3445 103RD GENERAL ASSEMBLY | | | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 SB3445 Introduced 2/8/2024, by Sen. Willie Preston SYNOPSIS AS INTRODUCED: | | | Amends the Smoke Free Illinois Act. Provides that "retail tobacco store" does not include a tobacco or electronic cigarette department or section of a larger commercial establishment or any establishment with any type of food or restaurant license (now, the term does not include a tobacco or electronic cigarette department or section of a larger commercial establishment or any establishment with any type of liquor, food, or restaurant license). Effective immediately. |
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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 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 | 9 | | serving of alcoholic beverages for consumption by guests on | 10 | | the premises and that derives no more than 10% of its gross | 11 | | revenue from the sale of food consumed on the premises. "Bar" | 12 | | includes, but is not limited to, taverns, nightclubs, cocktail | 13 | | lounges, adult entertainment facilities, and cabarets. | 14 | | "Department" means the Department of Public Health. | 15 | | "Electronic cigarette" means any product containing or | 16 | | delivering nicotine or any other substance intended for human | 17 | | consumption that can be used by a person in any manner for the | 18 | | purpose of inhaling vapor or aerosol from the product. | 19 | | "Electronic cigarette" includes any such product, whether | 20 | | manufactured, distributed, marketed, or sold as an | 21 | | e-cigarette, e-cigar, e-pipe, e-hookah, or vape pen or under | 22 | | any other product name or descriptor. | 23 | | "Employee" means a person who is employed by an employer |
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| 1 | | in consideration for direct or indirect monetary wages or | 2 | | profits or a person who volunteers his or her services for a | 3 | | non-profit entity. | 4 | | "Employer" means a person, business, partnership, | 5 | | association, or corporation, including a municipal | 6 | | corporation, trust, or non-profit entity, that employs the | 7 | | services of one or more individual persons. | 8 | | "Enclosed area" means all space between a floor and a | 9 | | ceiling that is enclosed or partially enclosed with (i) solid | 10 | | walls or windows, exclusive of doorways, or (ii) solid walls | 11 | | with partitions and no windows, exclusive of doorways, that | 12 | | extend from the floor to the ceiling, including, without | 13 | | limitation, lobbies and corridors. | 14 | | "Enclosed or partially enclosed sports arena" means any | 15 | | sports pavilion, stadium, gymnasium, health spa, boxing arena, | 16 | | swimming pool, roller rink, ice rink, bowling alley, or other | 17 | | similar place where members of the general public assemble to | 18 | | engage in physical exercise or participate in athletic | 19 | | competitions or recreational activities or to witness sports, | 20 | | cultural, recreational, or other events. | 21 | | "Gaming equipment or supplies" means gaming | 22 | | equipment/supplies as defined in the Illinois Gaming Board | 23 | | Rules of the Illinois Administrative Code. | 24 | | "Gaming facility" means an establishment utilized | 25 | | primarily for the purposes of gaming and where gaming | 26 | | equipment or supplies are operated for the purposes of |
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| 1 | | accruing business revenue. | 2 | | "Healthcare facility" means an office or institution | 3 | | providing care or treatment of diseases, whether physical, | 4 | | mental, or emotional, or other medical, physiological, or | 5 | | psychological conditions, including, but not limited to, | 6 | | hospitals, rehabilitation hospitals, weight control clinics, | 7 | | nursing homes, homes for the aging or chronically ill, | 8 | | laboratories, and offices of surgeons, chiropractors, physical | 9 | | therapists, physicians, dentists, and all specialists within | 10 | | these professions. "Healthcare facility" includes all waiting | 11 | | rooms, hallways, private rooms, semiprivate rooms, and wards | 12 | | within healthcare facilities. | 13 | | "Place of employment" means any area under the control of | 14 | | a public or private employer that employees are required to | 15 | | enter, leave, or pass through during the course of employment, | 16 | | including, but not limited to entrances and exits to places of | 17 | | employment, including a minimum distance, as set forth in | 18 | | Section 70 of this Act, of 15 feet from entrances, exits, | 19 | | windows that open, and ventilation intakes that serve an | 20 | | enclosed area where smoking is prohibited; offices and work | 21 | | areas; restrooms; conference and classrooms; break rooms and | 22 | | cafeterias; and other common areas. A private residence or | 23 | | home-based business, unless used to provide licensed child | 24 | | care, foster care, adult care, or other similar social service | 25 | | care on the premises, is not a "place of employment", nor are | 26 | | enclosed laboratories, not open to the public, in an |
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| 1 | | accredited university or government facility where the | 2 | | activity of smoking is exclusively conducted for the purpose | 3 | | of medical or scientific health-related research. Rulemaking | 4 | | authority to implement this amendatory Act of the 95th General | 5 | | Assembly, if any, is conditioned on the rules being adopted in | 6 | | accordance with all provisions of the Illinois Administrative | 7 | | Procedure Act and all rules and procedures of the Joint | 8 | | Committee on Administrative Rules; any purported rule not so | 9 | | adopted, for whatever reason, is unauthorized. | 10 | | "Private club" means a not-for-profit association that (1) | 11 | | has been in active and continuous existence for at least 3 | 12 | | years prior to the effective date of this amendatory Act of the | 13 | | 95th General Assembly, whether incorporated or not, (2) is the | 14 | | owner, lessee, or occupant of a building or portion thereof | 15 | | used exclusively for club purposes at all times, (3) is | 16 | | operated solely for a recreational, fraternal, social, | 17 | | patriotic, political, benevolent, or athletic purpose, but not | 18 | | for pecuniary gain, and (4) only sells alcoholic beverages | 19 | | incidental to its operation. For purposes of this definition, | 20 | | "private club" means an organization that is managed by a | 21 | | board of directors, executive committee, or similar body | 22 | | chosen by the members at an annual meeting, has established | 23 | | bylaws, a constitution, or both to govern its activities, and | 24 | | has been granted an exemption from the payment of federal | 25 | | income 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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| 1 | | a dwelling, including, without limitation: a private home, | 2 | | townhouse, condominium, apartment, mobile home, vacation home, | 3 | | cabin, or cottage. For the purposes of this definition, a | 4 | | hotel, motel, inn, resort, lodge, bed and breakfast or other | 5 | | similar public accommodation, hospital, nursing home, or | 6 | | assisted living facility shall not be considered a private | 7 | | residence. | 8 | | "Public place" means that portion of any building or | 9 | | vehicle used by and open to the public, regardless of whether | 10 | | the building or vehicle is owned in whole or in part by private | 11 | | persons or entities, the State of Illinois, or any other | 12 | | public entity and regardless of whether a fee is charged for | 13 | | admission, 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. A "public place" | 17 | | does not include a private residence unless the private | 18 | | residence is used to provide licensed child care, foster care, | 19 | | or other similar social service care on the premises. A | 20 | | "public place" includes, but is not limited to, hospitals, | 21 | | restaurants, retail stores, offices, commercial | 22 | | establishments, elevators, indoor theaters, libraries, | 23 | | museums, concert halls, public conveyances, educational | 24 | | facilities, nursing homes, auditoriums, enclosed or partially | 25 | | enclosed sports arenas, meeting rooms, schools, exhibition | 26 | | halls, convention facilities, polling places, private clubs, |
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| 1 | | gaming facilities, all government owned vehicles and | 2 | | facilities, including buildings and vehicles owned, leased, or | 3 | | operated by the State or State subcontract, healthcare | 4 | | facilities or clinics, enclosed shopping centers, retail | 5 | | service establishments, financial institutions, educational | 6 | | facilities, ticket areas, public hearing facilities, public | 7 | | restrooms, waiting areas, lobbies, bars, taverns, bowling | 8 | | alleys, skating rinks, reception areas, and no less than 75% | 9 | | of the sleeping quarters within a hotel, motel, resort, inn, | 10 | | lodge, bed and breakfast, or other similar public | 11 | | accommodation that are rented to guests, but excludes private | 12 | | residences. | 13 | | "Restaurant" means (i) an eating establishment, including, | 14 | | but not limited to, coffee shops, cafeterias, sandwich stands, | 15 | | and private and public school cafeterias, that gives or offers | 16 | | for sale food to the public, guests, or employees, and (ii) a | 17 | | kitchen or catering facility in which food is prepared on the | 18 | | premises for serving elsewhere. "Restaurant" includes a bar | 19 | | area within the restaurant. | 20 | | "Retail tobacco store" means a retail establishment that | 21 | | derives more than 80% of its gross revenue from the sale of | 22 | | loose tobacco, plants, or herbs and cigars, cigarettes, pipes, | 23 | | and other smoking devices for burning tobacco and related | 24 | | smoking accessories and in which the sale of other products is | 25 | | merely incidental. "Retail tobacco store" includes an enclosed | 26 | | workplace that manufactures, imports, or distributes tobacco, |
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| 1 | | electronic cigarettes, or tobacco products, when, as a | 2 | | necessary and integral part of the process of making, | 3 | | manufacturing, importing, or distributing a tobacco product or | 4 | | electronic cigarette for the eventual retail sale of that | 5 | | tobacco, electronic cigarette, or tobacco product, tobacco is | 6 | | heated, burned, or smoked, or a lighted tobacco product is | 7 | | tested, provided that the involved business entity: (1) | 8 | | maintains a specially designated area or areas within the | 9 | | workplace for the purpose of the heating, burning, smoking, or | 10 | | lighting activities, and does not create a facility that | 11 | | permits smoking throughout; (2) satisfies the 80% requirement | 12 | | related to gross sales; and (3) delivers tobacco products or | 13 | | electronic cigarettes to consumers, retail establishments, or | 14 | | other wholesale establishments as part of its business. | 15 | | "Retail tobacco store" does not include a tobacco or | 16 | | electronic cigarette department or section of a larger | 17 | | commercial establishment or any establishment with any type of | 18 | | liquor, food , or restaurant license. Rulemaking authority to | 19 | | implement this amendatory Act of the 95th General Assembly, if | 20 | | any, is conditioned on the rules being adopted in accordance | 21 | | with all provisions of the Illinois Administrative Procedure | 22 | | Act and all rules and procedures of the Joint Committee on | 23 | | Administrative Rules; any purported rule not so adopted, for | 24 | | whatever reason, is unauthorized. | 25 | | "Smoke" or "smoking" means the carrying, smoking, burning, | 26 | | inhaling, or exhaling of any kind of lighted pipe, cigar, |
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| 1 | | cigarette, hookah, weed, herbs, or any other lighted smoking | 2 | | equipment. "Smoke" or "smoking" includes the use of an | 3 | | electronic cigarette. "Smoke" or "smoking" does not include | 4 | | smoking that is associated with a native recognized religious | 5 | | ceremony, ritual, or activity by American Indians that is in | 6 | | accordance with the federal American Indian Religious Freedom | 7 | | Act, 42 U.S.C. 1996 and 1996a. | 8 | | "State agency" has the meaning formerly ascribed to it in | 9 | | subsection (a) of Section 3 of the Illinois Purchasing Act | 10 | | (now repealed). | 11 | | "Unit of local government" has the meaning ascribed to it | 12 | | in Section 1 of Article VII of the Illinois Constitution of | 13 | | 1970. | 14 | | (Source: P.A. 103-272, eff. 1-1-24 .) | 15 | | Section 99. Effective date. This Act takes effect upon | 16 | | becoming law. |
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