Illinois 2023-2024 Regular Session

Illinois House Bill HB1540 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Public Act 103-0272
2	1		HB1540 EnrolledLRB103 25576 CPF 51925 b HB1540 Enrolled LRB103 25576 CPF 51925 b
3	2		HB1540 Enrolled LRB103 25576 CPF 51925 b
4		-	AN ACT concerning health.
5		-	Be it enacted by the People of the State of Illinois,
6		-	represented in the General Assembly:
7		-	Section 5. The Smoke Free Illinois Act is amended by
8		-	changing Sections 10 and 35 as follows:
9		-	(410 ILCS 82/10)
10		-	Sec. 10. Definitions. In this 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" means any product containing or
19		-	delivering nicotine or any other substance intended for human
20		-	consumption that can be used by a person in any manner for the
21		-	purpose of inhaling vapor or aerosol from the product.
22		-	"Electronic cigarette" includes any such product, whether
23		-	manufactured, distributed, marketed, or sold as an
24		-	e-cigarette, e-cigar, e-pipe, e-hookah, or vape pen or under
25		-	any other product name or descriptor.
26		-	"Employee" means a person who is employed by an employer
	3	+	1 AN ACT concerning health.
	4	+	2 Be it enacted by the People of the State of Illinois,
	5	+	3 represented in the General Assembly:
	6	+	4 Section 5. The Smoke Free Illinois Act is amended by
	7	+	5 changing Sections 10 and 35 as follows:
	8	+	6 (410 ILCS 82/10)
	9	+	7 Sec. 10. Definitions. In this Act:
	10	+	8 "Bar" means an establishment that is devoted to the
	11	+	9 serving of alcoholic beverages for consumption by guests on
	12	+	10 the premises and that derives no more than 10% of its gross
	13	+	11 revenue from the sale of food consumed on the premises. "Bar"
	14	+	12 includes, but is not limited to, taverns, nightclubs, cocktail
	15	+	13 lounges, adult entertainment facilities, and cabarets.
	16	+	14 "Department" means the Department of Public Health.
	17	+	15 "Electronic cigarette" means any product containing or
	18	+	16 delivering nicotine or any other substance intended for human
	19	+	17 consumption that can be used by a person in any manner for the
	20	+	18 purpose of inhaling vapor or aerosol from the product.
	21	+	19 "Electronic cigarette" includes any such product, whether
	22	+	20 manufactured, distributed, marketed, or sold as an
	23	+	21 e-cigarette, e-cigar, e-pipe, e-hookah, or vape pen or under
	24	+	22 any other product name or descriptor.
	25	+	23 "Employee" means a person who is employed by an employer
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33		-	in consideration for direct or indirect monetary wages or
34		-	profits or a person who volunteers his or her services for a
35		-	non-profit entity.
36		-	"Employer" means a person, business, partnership,
37		-	association, or corporation, including a municipal
38		-	corporation, trust, or non-profit entity, that employs the
39		-	services of one or more individual persons.
40		-	"Enclosed area" means all space between a floor and a
41		-	ceiling that is enclosed or partially enclosed with (i) solid
42		-	walls or windows, exclusive of doorways, or (ii) solid walls
43		-	with partitions and no windows, exclusive of doorways, that
44		-	extend from the floor to the ceiling, including, without
45		-	limitation, lobbies and corridors.
46		-	"Enclosed or partially enclosed sports arena" means any
47		-	sports pavilion, stadium, gymnasium, health spa, boxing arena,
48		-	swimming pool, roller rink, ice rink, bowling alley, or other
49		-	similar place where members of the general public assemble to
50		-	engage in physical exercise or participate in athletic
51		-	competitions or recreational activities or to witness sports,
52		-	cultural, recreational, or other events.
53		-	"Gaming equipment or supplies" means gaming
54		-	equipment/supplies as defined in the Illinois Gaming Board
55		-	Rules of the Illinois Administrative Code.
56		-	"Gaming facility" means an establishment utilized
57		-	primarily for the purposes of gaming and where gaming
58		-	equipment or supplies are operated for the purposes of
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	34	+	1 in consideration for direct or indirect monetary wages or
	35	+	2 profits or a person who volunteers his or her services for a
	36	+	3 non-profit entity.
	37	+	4 "Employer" means a person, business, partnership,
	38	+	5 association, or corporation, including a municipal
	39	+	6 corporation, trust, or non-profit entity, that employs the
	40	+	7 services of one or more individual persons.
	41	+	8 "Enclosed area" means all space between a floor and a
	42	+	9 ceiling that is enclosed or partially enclosed with (i) solid
	43	+	10 walls or windows, exclusive of doorways, or (ii) solid walls
	44	+	11 with partitions and no windows, exclusive of doorways, that
	45	+	12 extend from the floor to the ceiling, including, without
	46	+	13 limitation, lobbies and corridors.
	47	+	14 "Enclosed or partially enclosed sports arena" means any
	48	+	15 sports pavilion, stadium, gymnasium, health spa, boxing arena,
	49	+	16 swimming pool, roller rink, ice rink, bowling alley, or other
	50	+	17 similar place where members of the general public assemble to
	51	+	18 engage in physical exercise or participate in athletic
	52	+	19 competitions or recreational activities or to witness sports,
	53	+	20 cultural, recreational, or other events.
	54	+	21 "Gaming equipment or supplies" means gaming
	55	+	22 equipment/supplies as defined in the Illinois Gaming Board
	56	+	23 Rules of the Illinois Administrative Code.
	57	+	24 "Gaming facility" means an establishment utilized
	58	+	25 primarily for the purposes of gaming and where gaming
	59	+	26 equipment or supplies are operated for the purposes of
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61		-	accruing business revenue.
62		-	"Healthcare facility" means an office or institution
63		-	providing care or treatment of diseases, whether physical,
64		-	mental, or emotional, or other medical, physiological, or
65		-	psychological conditions, including, but not limited to,
66		-	hospitals, rehabilitation hospitals, weight control clinics,
67		-	nursing homes, homes for the aging or chronically ill,
68		-	laboratories, and offices of surgeons, chiropractors, physical
69		-	therapists, physicians, dentists, and all specialists within
70		-	these professions. "Healthcare facility" includes all waiting
71		-	rooms, hallways, private rooms, semiprivate rooms, and wards
72		-	within healthcare facilities.
73		-	"Place of employment" means any area under the control of
74		-	a public or private employer that employees are required to
75		-	enter, leave, or pass through during the course of employment,
76		-	including, but not limited to entrances and exits to places of
77		-	employment, including a minimum distance, as set forth in
78		-	Section 70 of this Act, of 15 feet from entrances, exits,
79		-	windows that open, and ventilation intakes that serve an
80		-	enclosed area where smoking is prohibited; offices and work
81		-	areas; restrooms; conference and classrooms; break rooms and
82		-	cafeterias; and other common areas. A private residence or
83		-	home-based business, unless used to provide licensed child
84		-	care, foster care, adult care, or other similar social service
85		-	care on the premises, is not a "place of employment", nor are
86		-	enclosed laboratories, not open to the public, in an
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89		-	accredited university or government facility where the
90		-	activity of smoking is exclusively conducted for the purpose
91		-	of medical or scientific health-related research. Rulemaking
92		-	authority to implement this amendatory Act of the 95th General
93		-	Assembly, if any, is conditioned on the rules being adopted in
94		-	accordance with all provisions of the Illinois Administrative
95		-	Procedure Act and all rules and procedures of the Joint
96		-	Committee on Administrative Rules; any purported rule not so
97		-	adopted, for whatever reason, is unauthorized.
98		-	"Private club" means a not-for-profit association that (1)
99		-	has been in active and continuous existence for at least 3
100		-	years prior to the effective date of this amendatory Act of the
101		-	95th General Assembly, whether incorporated or not, (2) is the
102		-	owner, lessee, or occupant of a building or portion thereof
103		-	used exclusively for club purposes at all times, (3) is
104		-	operated solely for a recreational, fraternal, social,
105		-	patriotic, political, benevolent, or athletic purpose, but not
106		-	for pecuniary gain, and (4) only sells alcoholic beverages
107		-	incidental to its operation. For purposes of this definition,
108		-	"private club" means an organization that is managed by a
109		-	board of directors, executive committee, or similar body
110		-	chosen by the members at an annual meeting, has established
111		-	bylaws, a constitution, or both to govern its activities, and
112		-	has been granted an exemption from the payment of federal
113		-	income tax as a club under 26 U.S.C. 501.
114		-	"Private residence" means the part of a structure used as
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117		-	a dwelling, including, without limitation: a private home,
118		-	townhouse, condominium, apartment, mobile home, vacation home,
119		-	cabin, or cottage. For the purposes of this definition, a
120		-	hotel, motel, inn, resort, lodge, bed and breakfast or other
121		-	similar public accommodation, hospital, nursing home, or
122		-	assisted living facility shall not be considered a private
123		-	residence.
124		-	"Public place" means that portion of any building or
125		-	vehicle used by and open to the public, regardless of whether
126		-	the building or vehicle is owned in whole or in part by private
127		-	persons or entities, the State of Illinois, or any other
128		-	public entity and regardless of whether a fee is charged for
129		-	admission, including a minimum distance, as set forth in
130		-	Section 70 of this Act, of 15 feet from entrances, exits,
131		-	windows that open, and ventilation intakes that serve an
132		-	enclosed area where smoking is prohibited. A "public place"
133		-	does not include a private residence unless the private
134		-	residence is used to provide licensed child care, foster care,
135		-	or other similar social service care on the premises. A
136		-	"public place" includes, but is not limited to, hospitals,
137		-	restaurants, retail stores, offices, commercial
138		-	establishments, elevators, indoor theaters, libraries,
139		-	museums, concert halls, public conveyances, educational
140		-	facilities, nursing homes, auditoriums, enclosed or partially
141		-	enclosed sports arenas, meeting rooms, schools, exhibition
142		-	halls, convention facilities, polling places, private clubs,
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	70	+	1 accruing business revenue.
	71	+	2 "Healthcare facility" means an office or institution
	72	+	3 providing care or treatment of diseases, whether physical,
	73	+	4 mental, or emotional, or other medical, physiological, or
	74	+	5 psychological conditions, including, but not limited to,
	75	+	6 hospitals, rehabilitation hospitals, weight control clinics,
	76	+	7 nursing homes, homes for the aging or chronically ill,
	77	+	8 laboratories, and offices of surgeons, chiropractors, physical
	78	+	9 therapists, physicians, dentists, and all specialists within
	79	+	10 these professions. "Healthcare facility" includes all waiting
	80	+	11 rooms, hallways, private rooms, semiprivate rooms, and wards
	81	+	12 within healthcare facilities.
	82	+	13 "Place of employment" means any area under the control of
	83	+	14 a public or private employer that employees are required to
	84	+	15 enter, leave, or pass through during the course of employment,
	85	+	16 including, but not limited to entrances and exits to places of
	86	+	17 employment, including a minimum distance, as set forth in
	87	+	18 Section 70 of this Act, of 15 feet from entrances, exits,
	88	+	19 windows that open, and ventilation intakes that serve an
	89	+	20 enclosed area where smoking is prohibited; offices and work
	90	+	21 areas; restrooms; conference and classrooms; break rooms and
	91	+	22 cafeterias; and other common areas. A private residence or
	92	+	23 home-based business, unless used to provide licensed child
	93	+	24 care, foster care, adult care, or other similar social service
	94	+	25 care on the premises, is not a "place of employment", nor are
	95	+	26 enclosed laboratories, not open to the public, in an
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145		-	gaming facilities, all government owned vehicles and
146		-	facilities, including buildings and vehicles owned, leased, or
147		-	operated by the State or State subcontract, healthcare
148		-	facilities or clinics, enclosed shopping centers, retail
149		-	service establishments, financial institutions, educational
150		-	facilities, ticket areas, public hearing facilities, public
151		-	restrooms, waiting areas, lobbies, bars, taverns, bowling
152		-	alleys, skating rinks, reception areas, and no less than 75%
153		-	of the sleeping quarters within a hotel, motel, resort, inn,
154		-	lodge, bed and breakfast, or other similar public
155		-	accommodation that are rented to guests, but excludes private
156		-	residences.
157		-	"Restaurant" means (i) an eating establishment, including,
158		-	but not limited to, coffee shops, cafeterias, sandwich stands,
159		-	and private and public school cafeterias, that gives or offers
160		-	for sale food to the public, guests, or employees, and (ii) a
161		-	kitchen or catering facility in which food is prepared on the
162		-	premises for serving elsewhere. "Restaurant" includes a bar
163		-	area within the restaurant.
164		-	"Retail tobacco store" means a retail establishment that
165		-	derives more than 80% of its gross revenue from the sale of
166		-	loose tobacco, plants, or herbs and cigars, cigarettes, pipes,
167		-	and other smoking devices for burning tobacco and related
168		-	smoking accessories and in which the sale of other products is
169		-	merely incidental. "Retail tobacco store" includes an enclosed
170		-	workplace that manufactures, imports, or distributes tobacco,
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173		-	electronic cigarettes, or tobacco products, when, as a
174		-	necessary and integral part of the process of making,
175		-	manufacturing, importing, or distributing a tobacco product or
176		-	electronic cigarette for the eventual retail sale of that
177		-	tobacco, electronic cigarette, or tobacco product, tobacco is
178		-	heated, burned, or smoked, or a lighted tobacco product is
179		-	tested, provided that the involved business entity: (1)
180		-	maintains a specially designated area or areas within the
181		-	workplace for the purpose of the heating, burning, smoking, or
182		-	lighting activities, and does not create a facility that
183		-	permits smoking throughout; (2) satisfies the 80% requirement
184		-	related to gross sales; and (3) delivers tobacco products or
185		-	electronic cigarettes to consumers, retail establishments, or
186		-	other wholesale establishments as part of its business.
187		-	"Retail tobacco store" does not include a tobacco or
188		-	electronic cigarette department or section of a larger
189		-	commercial establishment or any establishment with any type of
190		-	liquor, food, or restaurant license. Rulemaking authority to
191		-	implement this amendatory Act of the 95th General Assembly, if
192		-	any, is conditioned on the rules being adopted in accordance
193		-	with all provisions of the Illinois Administrative Procedure
194		-	Act and all rules and procedures of the Joint Committee on
195		-	Administrative Rules; any purported rule not so adopted, for
196		-	whatever reason, is unauthorized.
197		-	"Smoke" or "smoking" means the carrying, smoking, burning,
198		-	inhaling, or exhaling of any kind of lighted pipe, cigar,
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201		-	cigarette, hookah, weed, herbs, or any other lighted smoking
202		-	equipment. "Smoke" or "smoking" includes the use of an
203		-	electronic cigarette. "Smoke" or "smoking" does not include
204		-	smoking that is associated with a native recognized religious
205		-	ceremony, ritual, or activity by American Indians that is in
206		-	accordance with the federal American Indian Religious Freedom
207		-	Act, 42 U.S.C. 1996 and 1996a.
208		-	"State agency" has the meaning formerly ascribed to it in
209		-	subsection (a) of Section 3 of the Illinois Purchasing Act
210		-	(now repealed).
211		-	"Unit of local government" has the meaning ascribed to it
212		-	in Section 1 of Article VII of the Illinois Constitution of
213		-	1970.
214		-	(Source: P.A. 95-17, eff. 1-1-08; 95-1029, eff. 2-4-09;
215		-	96-797, eff. 1-1-10.)
216		-	(410 ILCS 82/35)
217		-	Sec. 35. Exemptions. Notwithstanding any other provision
218		-	of this Act, smoking is allowed in the following areas:
219		-	(1) Private residences or dwelling places, except when
220		-	used as a child care, adult day care, or healthcare
221		-	facility or any other home-based business open to the
222		-	public.
223		-	(2) Retail tobacco stores as defined in Section 10 of
224		-	this Act in operation prior to the effective date of this
225		-	amendatory Act of the 95th General Assembly. The retail
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	106	+	1 accredited university or government facility where the
	107	+	2 activity of smoking is exclusively conducted for the purpose
	108	+	3 of medical or scientific health-related research. Rulemaking
	109	+	4 authority to implement this amendatory Act of the 95th General
	110	+	5 Assembly, if any, is conditioned on the rules being adopted in
	111	+	6 accordance with all provisions of the Illinois Administrative
	112	+	7 Procedure Act and all rules and procedures of the Joint
	113	+	8 Committee on Administrative Rules; any purported rule not so
	114	+	9 adopted, for whatever reason, is unauthorized.
	115	+	10 "Private club" means a not-for-profit association that (1)
	116	+	11 has been in active and continuous existence for at least 3
	117	+	12 years prior to the effective date of this amendatory Act of the
	118	+	13 95th General Assembly, whether incorporated or not, (2) is the
	119	+	14 owner, lessee, or occupant of a building or portion thereof
	120	+	15 used exclusively for club purposes at all times, (3) is
	121	+	16 operated solely for a recreational, fraternal, social,
	122	+	17 patriotic, political, benevolent, or athletic purpose, but not
	123	+	18 for pecuniary gain, and (4) only sells alcoholic beverages
	124	+	19 incidental to its operation. For purposes of this definition,
	125	+	20 "private club" means an organization that is managed by a
	126	+	21 board of directors, executive committee, or similar body
	127	+	22 chosen by the members at an annual meeting, has established
	128	+	23 bylaws, a constitution, or both to govern its activities, and
	129	+	24 has been granted an exemption from the payment of federal
	130	+	25 income tax as a club under 26 U.S.C. 501.
	131	+	26 "Private residence" means the part of a structure used as
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228		-	tobacco store shall annually file with the Department by
229		-	January 31st an affidavit stating the percentage of its
230		-	gross income during the prior calendar year that was
231		-	derived from the sale of loose tobacco, plants, or herbs
232		-	and cigars, cigarettes, pipes, or other smoking devices
233		-	for smoking tobacco and related smoking accessories. Any
234		-	retail tobacco store that begins operation after the
235		-	effective date of this amendatory Act may only qualify for
236		-	an exemption if located in a freestanding structure
237		-	occupied solely by the business and smoke from the
238		-	business does not migrate into an enclosed area where
239		-	smoking is prohibited. A retail tobacco store that derives
240		-	at least 80% of its gross revenue from the sale of
241		-	electronic cigarettes and electronic cigarette equipment
242		-	and accessories in operation before the effective date of
243		-	this amendatory Act of the 103rd General Assembly
244		-	qualifies for this exemption for electronic cigarettes
245		-	only. A retail tobacco store claiming an exemption for
246		-	electronic cigarettes shall annually file with the
247		-	Department by January 31 an affidavit stating the
248		-	percentage of its gross income during the prior calendar
249		-	year that was derived from the sale of electronic
250		-	cigarettes. A retail tobacco store may, with authorization
251		-	or permission from a unit of local government, including a
252		-	home rule unit, or any non-home rule county within the
253		-	unincorporated territory of the county, allow the
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256		-	on-premises consumption of cannabis in a specially
257		-	designated areas.
258		-	(3) (Blank).
259		-	(4) Hotel and motel sleeping rooms that are rented to
260		-	guests and are designated as smoking rooms, provided that
261		-	all smoking rooms on the same floor must be contiguous and
262		-	smoke from these rooms must not infiltrate into nonsmoking
263		-	rooms or other areas where smoking is prohibited. Not more
264		-	than 25% of the rooms rented to guests in a hotel or motel
265		-	may be designated as rooms where smoking is allowed. The
266		-	status of rooms as smoking or nonsmoking may not be
267		-	changed, except to permanently add additional nonsmoking
268		-	rooms.
269		-	(5) Enclosed laboratories that are excluded from the
270		-	definition of "place of employment" in Section 10 of this
271		-	Act. Rulemaking authority to implement this amendatory Act
272		-	of the 95th General Assembly, if any, is conditioned on
273		-	the rules being adopted in accordance with all provisions
274		-	of the Illinois Administrative Procedure Act and all rules
275		-	and procedures of the Joint Committee on Administrative
276		-	Rules; any purported rule not so adopted, for whatever
277		-	reason, is unauthorized.
278		-	(6) Common smoking rooms in long-term care facilities
279		-	operated under the authority of the Illinois Department of
280		-	Veterans' Affairs or licensed under the Nursing Home Care
281		-	Act that are accessible only to residents who are smokers
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284		-	and have requested in writing to have access to the common
285		-	smoking room where smoking is permitted and the smoke
286		-	shall not infiltrate other areas of the long-term care
287		-	facility. Rulemaking authority to implement this
288		-	amendatory Act of the 95th General Assembly, if any, is
289		-	conditioned on the rules being adopted in accordance with
290		-	all provisions of the Illinois Administrative Procedure
291		-	Act and all rules and procedures of the Joint Committee on
292		-	Administrative Rules; any purported rule not so adopted,
293		-	for whatever reason, is unauthorized.
294		-	(7) A convention hall of the Donald E. Stephens
295		-	Convention Center where a meeting or trade show for
296		-	manufacturers and suppliers of tobacco and tobacco
297		-	products and accessories is being held, during the time
298		-	the meeting or trade show is occurring, if the meeting or
299		-	trade show:
300		-	(i) is a trade-only event and not open to the
301		-	public;
302		-	(ii) is limited to attendees and exhibitors that
303		-	are 21 years of age or older;
304		-	(iii) is being produced or organized by a business
305		-	relating to tobacco or a professional association for
306		-	convenience stores; and
307		-	(iv) involves the display of tobacco products.
308		-	Smoking is not allowed in any public area outside of
309		-	the hall designated for the meeting or trade show.
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	142	+	1 a dwelling, including, without limitation: a private home,
	143	+	2 townhouse, condominium, apartment, mobile home, vacation home,
	144	+	3 cabin, or cottage. For the purposes of this definition, a
	145	+	4 hotel, motel, inn, resort, lodge, bed and breakfast or other
	146	+	5 similar public accommodation, hospital, nursing home, or
	147	+	6 assisted living facility shall not be considered a private
	148	+	7 residence.
	149	+	8 "Public place" means that portion of any building or
	150	+	9 vehicle used by and open to the public, regardless of whether
	151	+	10 the building or vehicle is owned in whole or in part by private
	152	+	11 persons or entities, the State of Illinois, or any other
	153	+	12 public entity and regardless of whether a fee is charged for
	154	+	13 admission, including a minimum distance, as set forth in
	155	+	14 Section 70 of this Act, of 15 feet from entrances, exits,
	156	+	15 windows that open, and ventilation intakes that serve an
	157	+	16 enclosed area where smoking is prohibited. A "public place"
	158	+	17 does not include a private residence unless the private
	159	+	18 residence is used to provide licensed child care, foster care,
	160	+	19 or other similar social service care on the premises. A
	161	+	20 "public place" includes, but is not limited to, hospitals,
	162	+	21 restaurants, retail stores, offices, commercial
	163	+	22 establishments, elevators, indoor theaters, libraries,
	164	+	23 museums, concert halls, public conveyances, educational
	165	+	24 facilities, nursing homes, auditoriums, enclosed or partially
	166	+	25 enclosed sports arenas, meeting rooms, schools, exhibition
	167	+	26 halls, convention facilities, polling places, private clubs,
310	168
311	169
312		-	This paragraph (7) is inoperative on and after October
313		-	1, 2015.
314		-	(8) A dispensing organization, as defined in the
315		-	Cannabis Regulation and Tax Act, authorized or permitted
316		-	by a unit local government to allow on-site consumption of
317		-	cannabis, if the establishment: (1) maintains a specially
318		-	designated area or areas for the purpose of heating,
319		-	burning, smoking, or lighting cannabis; (2) is limited to
320		-	individuals 21 or older; and (3) maintains a locked door
321		-	or barrier to any specially designated areas for the
322		-	purpose of heating, burning, smoking or lighting cannabis.
323		-	(Source: P.A. 101-593, eff. 12-4-19.)
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	177	+	HB1540 Enrolled - 6 - LRB103 25576 CPF 51925 b
	178	+	1 gaming facilities, all government owned vehicles and
	179	+	2 facilities, including buildings and vehicles owned, leased, or
	180	+	3 operated by the State or State subcontract, healthcare
	181	+	4 facilities or clinics, enclosed shopping centers, retail
	182	+	5 service establishments, financial institutions, educational
	183	+	6 facilities, ticket areas, public hearing facilities, public
	184	+	7 restrooms, waiting areas, lobbies, bars, taverns, bowling
	185	+	8 alleys, skating rinks, reception areas, and no less than 75%
	186	+	9 of the sleeping quarters within a hotel, motel, resort, inn,
	187	+	10 lodge, bed and breakfast, or other similar public
	188	+	11 accommodation that are rented to guests, but excludes private
	189	+	12 residences.
	190	+	13 "Restaurant" means (i) an eating establishment, including,
	191	+	14 but not limited to, coffee shops, cafeterias, sandwich stands,
	192	+	15 and private and public school cafeterias, that gives or offers
	193	+	16 for sale food to the public, guests, or employees, and (ii) a
	194	+	17 kitchen or catering facility in which food is prepared on the
	195	+	18 premises for serving elsewhere. "Restaurant" includes a bar
	196	+	19 area within the restaurant.
	197	+	20 "Retail tobacco store" means a retail establishment that
	198	+	21 derives more than 80% of its gross revenue from the sale of
	199	+	22 loose tobacco, plants, or herbs and cigars, cigarettes, pipes,
	200	+	23 and other smoking devices for burning tobacco and related
	201	+	24 smoking accessories and in which the sale of other products is
	202	+	25 merely incidental. "Retail tobacco store" includes an enclosed
	203	+	26 workplace that manufactures, imports, or distributes tobacco,
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	213	+	HB1540 Enrolled - 7 - LRB103 25576 CPF 51925 b
	214	+	1 electronic cigarettes, or tobacco products, when, as a
	215	+	2 necessary and integral part of the process of making,
	216	+	3 manufacturing, importing, or distributing a tobacco product or
	217	+	4 electronic cigarette for the eventual retail sale of that
	218	+	5 tobacco, electronic cigarette, or tobacco product, tobacco is
	219	+	6 heated, burned, or smoked, or a lighted tobacco product is
	220	+	7 tested, provided that the involved business entity: (1)
	221	+	8 maintains a specially designated area or areas within the
	222	+	9 workplace for the purpose of the heating, burning, smoking, or
	223	+	10 lighting activities, and does not create a facility that
	224	+	11 permits smoking throughout; (2) satisfies the 80% requirement
	225	+	12 related to gross sales; and (3) delivers tobacco products or
	226	+	13 electronic cigarettes to consumers, retail establishments, or
	227	+	14 other wholesale establishments as part of its business.
	228	+	15 "Retail tobacco store" does not include a tobacco or
	229	+	16 electronic cigarette department or section of a larger
	230	+	17 commercial establishment or any establishment with any type of
	231	+	18 liquor, food, or restaurant license. Rulemaking authority to
	232	+	19 implement this amendatory Act of the 95th General Assembly, if
	233	+	20 any, is conditioned on the rules being adopted in accordance
	234	+	21 with all provisions of the Illinois Administrative Procedure
	235	+	22 Act and all rules and procedures of the Joint Committee on
	236	+	23 Administrative Rules; any purported rule not so adopted, for
	237	+	24 whatever reason, is unauthorized.
	238	+	25 "Smoke" or "smoking" means the carrying, smoking, burning,
	239	+	26 inhaling, or exhaling of any kind of lighted pipe, cigar,
	240	+
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	249	+	HB1540 Enrolled - 8 - LRB103 25576 CPF 51925 b
	250	+	1 cigarette, hookah, weed, herbs, or any other lighted smoking
	251	+	2 equipment. "Smoke" or "smoking" includes the use of an
	252	+	3 electronic cigarette. "Smoke" or "smoking" does not include
	253	+	4 smoking that is associated with a native recognized religious
	254	+	5 ceremony, ritual, or activity by American Indians that is in
	255	+	6 accordance with the federal American Indian Religious Freedom
	256	+	7 Act, 42 U.S.C. 1996 and 1996a.
	257	+	8 "State agency" has the meaning formerly ascribed to it in
	258	+	9 subsection (a) of Section 3 of the Illinois Purchasing Act
	259	+	10 (now repealed).
	260	+	11 "Unit of local government" has the meaning ascribed to it
	261	+	12 in Section 1 of Article VII of the Illinois Constitution of
	262	+	13 1970.
	263	+	14 (Source: P.A. 95-17, eff. 1-1-08; 95-1029, eff. 2-4-09;
	264	+	15 96-797, eff. 1-1-10.)
	265	+	16 (410 ILCS 82/35)
	266	+	17 Sec. 35. Exemptions. Notwithstanding any other provision
	267	+	18 of this Act, smoking is allowed in the following areas:
	268	+	19 (1) Private residences or dwelling places, except when
	269	+	20 used as a child care, adult day care, or healthcare
	270	+	21 facility or any other home-based business open to the
	271	+	22 public.
	272	+	23 (2) Retail tobacco stores as defined in Section 10 of
	273	+	24 this Act in operation prior to the effective date of this
	274	+	25 amendatory Act of the 95th General Assembly. The retail
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	284	+	HB1540 Enrolled - 9 - LRB103 25576 CPF 51925 b
	285	+	1 tobacco store shall annually file with the Department by
	286	+	2 January 31st an affidavit stating the percentage of its
	287	+	3 gross income during the prior calendar year that was
	288	+	4 derived from the sale of loose tobacco, plants, or herbs
	289	+	5 and cigars, cigarettes, pipes, or other smoking devices
	290	+	6 for smoking tobacco and related smoking accessories. Any
	291	+	7 retail tobacco store that begins operation after the
	292	+	8 effective date of this amendatory Act may only qualify for
	293	+	9 an exemption if located in a freestanding structure
	294	+	10 occupied solely by the business and smoke from the
	295	+	11 business does not migrate into an enclosed area where
	296	+	12 smoking is prohibited. A retail tobacco store that derives
	297	+	13 at least 80% of its gross revenue from the sale of
	298	+	14 electronic cigarettes and electronic cigarette equipment
	299	+	15 and accessories in operation before the effective date of
	300	+	16 this amendatory Act of the 103rd General Assembly
	301	+	17 qualifies for this exemption for electronic cigarettes
	302	+	18 only. A retail tobacco store claiming an exemption for
	303	+	19 electronic cigarettes shall annually file with the
	304	+	20 Department by January 31 an affidavit stating the
	305	+	21 percentage of its gross income during the prior calendar
	306	+	22 year that was derived from the sale of electronic
	307	+	23 cigarettes. A retail tobacco store may, with authorization
	308	+	24 or permission from a unit of local government, including a
	309	+	25 home rule unit, or any non-home rule county within the
	310	+	26 unincorporated territory of the county, allow the
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	321	+	1 on-premises consumption of cannabis in a specially
	322	+	2 designated areas.
	323	+	3 (3) (Blank).
	324	+	4 (4) Hotel and motel sleeping rooms that are rented to
	325	+	5 guests and are designated as smoking rooms, provided that
	326	+	6 all smoking rooms on the same floor must be contiguous and
	327	+	7 smoke from these rooms must not infiltrate into nonsmoking
	328	+	8 rooms or other areas where smoking is prohibited. Not more
	329	+	9 than 25% of the rooms rented to guests in a hotel or motel
	330	+	10 may be designated as rooms where smoking is allowed. The
	331	+	11 status of rooms as smoking or nonsmoking may not be
	332	+	12 changed, except to permanently add additional nonsmoking
	333	+	13 rooms.
	334	+	14 (5) Enclosed laboratories that are excluded from the
	335	+	15 definition of "place of employment" in Section 10 of this
	336	+	16 Act. Rulemaking authority to implement this amendatory Act
	337	+	17 of the 95th General Assembly, if any, is conditioned on
	338	+	18 the rules being adopted in accordance with all provisions
	339	+	19 of the Illinois Administrative Procedure Act and all rules
	340	+	20 and procedures of the Joint Committee on Administrative
	341	+	21 Rules; any purported rule not so adopted, for whatever
	342	+	22 reason, is unauthorized.
	343	+	23 (6) Common smoking rooms in long-term care facilities
	344	+	24 operated under the authority of the Illinois Department of
	345	+	25 Veterans' Affairs or licensed under the Nursing Home Care
	346	+	26 Act that are accessible only to residents who are smokers
	347	+
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	357	+	1 and have requested in writing to have access to the common
	358	+	2 smoking room where smoking is permitted and the smoke
	359	+	3 shall not infiltrate other areas of the long-term care
	360	+	4 facility. Rulemaking authority to implement this
	361	+	5 amendatory Act of the 95th General Assembly, if any, is
	362	+	6 conditioned on the rules being adopted in accordance with
	363	+	7 all provisions of the Illinois Administrative Procedure
	364	+	8 Act and all rules and procedures of the Joint Committee on
	365	+	9 Administrative Rules; any purported rule not so adopted,
	366	+	10 for whatever reason, is unauthorized.
	367	+	11 (7) A convention hall of the Donald E. Stephens
	368	+	12 Convention Center where a meeting or trade show for
	369	+	13 manufacturers and suppliers of tobacco and tobacco
	370	+	14 products and accessories is being held, during the time
	371	+	15 the meeting or trade show is occurring, if the meeting or
	372	+	16 trade show:
	373	+	17 (i) is a trade-only event and not open to the
	374	+	18 public;
	375	+	19 (ii) is limited to attendees and exhibitors that
	376	+	20 are 21 years of age or older;
	377	+	21 (iii) is being produced or organized by a business
	378	+	22 relating to tobacco or a professional association for
	379	+	23 convenience stores; and
	380	+	24 (iv) involves the display of tobacco products.
	381	+	25 Smoking is not allowed in any public area outside of
	382	+	26 the hall designated for the meeting or trade show.
	383	+
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	392	+	HB1540 Enrolled - 12 - LRB103 25576 CPF 51925 b
	393	+	1 This paragraph (7) is inoperative on and after October
	394	+	2 1, 2015.
	395	+	3 (8) A dispensing organization, as defined in the
	396	+	4 Cannabis Regulation and Tax Act, authorized or permitted
	397	+	5 by a unit local government to allow on-site consumption of
	398	+	6 cannabis, if the establishment: (1) maintains a specially
	399	+	7 designated area or areas for the purpose of heating,
	400	+	8 burning, smoking, or lighting cannabis; (2) is limited to
	401	+	9 individuals 21 or older; and (3) maintains a locked door
	402	+	10 or barrier to any specially designated areas for the
	403	+	11 purpose of heating, burning, smoking or lighting cannabis.
	404	+	12 (Source: P.A. 101-593, eff. 12-4-19.)
	405	+
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