Illinois 2023-2024 Regular Session

Illinois House Bill HB2436 Compare Versions

Only one version of the bill is available at this time.

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1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2436 Introduced , by Rep. Camille Y. Lilly SYNOPSIS AS INTRODUCED: 410 ILCS 82/10 Amends the Smoke Free Illinois Act. Defines "electronic smoking device". Changes the definition of "retail tobacco store" to include references to "electronic smoking devices". Provides that "smoke" or "smoking" includes the use of an electronic smoking device. LRB103 29399 CPF 55790 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2436 Introduced , by Rep. Camille Y. Lilly SYNOPSIS AS INTRODUCED: 410 ILCS 82/10 410 ILCS 82/10 Amends the Smoke Free Illinois Act. Defines "electronic smoking device". Changes the definition of "retail tobacco store" to include references to "electronic smoking devices". Provides that "smoke" or "smoking" includes the use of an electronic smoking device. LRB103 29399 CPF 55790 b LRB103 29399 CPF 55790 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2436 Introduced , by Rep. Camille Y. Lilly SYNOPSIS AS INTRODUCED:
3	3	410 ILCS 82/10 410 ILCS 82/10
4	4	410 ILCS 82/10
5	5	Amends the Smoke Free Illinois Act. Defines "electronic smoking device". Changes the definition of "retail tobacco store" to include references to "electronic smoking devices". Provides that "smoke" or "smoking" includes the use of an electronic smoking device.
6	6	LRB103 29399 CPF 55790 b LRB103 29399 CPF 55790 b
7	7	LRB103 29399 CPF 55790 b
8	8	A BILL FOR
9	9	HB2436LRB103 29399 CPF 55790 b HB2436 LRB103 29399 CPF 55790 b
10	10	HB2436 LRB103 29399 CPF 55790 b
11	11	1 AN ACT concerning health.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 5. The Smoke Free Illinois Act is amended by
15	15	5 changing Section 10 as follows:
16	16	6 (410 ILCS 82/10)
17	17	7 Sec. 10. Definitions. In this Act:
18	18	8 "Bar" means an establishment that is devoted to the
19	19	9 serving of alcoholic beverages for consumption by guests on
20	20	10 the premises and that derives no more than 10% of its gross
21	21	11 revenue from the sale of food consumed on the premises. "Bar"
22	22	12 includes, but is not limited to, taverns, nightclubs, cocktail
23	23	13 lounges, adult entertainment facilities, and cabarets.
24	24	14 "Department" means the Department of Public Health.
25	25	15 "Electronic smoking device" means any product containing
26	26	16 or delivering nicotine or any other substance intended for
27	27	17 human consumption that can be used by a person in any manner
28	28	18 for the purpose of inhaling vapor or aerosol from the product.
29	29	19 "Electronic smoking device" includes any such product, whether
30	30	20 manufactured, distributed, marketed, or sold as an
31	31	21 e-cigarette, e-cigar, e-pipe, e-hookah, or vape pen or under
32	32	22 any other product name or descriptor.
33	33	23 "Employee" means a person who is employed by an employer
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37	37	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2436 Introduced , by Rep. Camille Y. Lilly SYNOPSIS AS INTRODUCED:
38	38	410 ILCS 82/10 410 ILCS 82/10
39	39	410 ILCS 82/10
40	40	Amends the Smoke Free Illinois Act. Defines "electronic smoking device". Changes the definition of "retail tobacco store" to include references to "electronic smoking devices". Provides that "smoke" or "smoking" includes the use of an electronic smoking device.
41	41	LRB103 29399 CPF 55790 b LRB103 29399 CPF 55790 b
42	42	LRB103 29399 CPF 55790 b
43	43	A BILL FOR
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49	49	410 ILCS 82/10
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68	68	1 in consideration for direct or indirect monetary wages or
69	69	2 profits or a person who volunteers his or her services for a
70	70	3 non-profit entity.
71	71	4 "Employer" means a person, business, partnership,
72	72	5 association, or corporation, including a municipal
73	73	6 corporation, trust, or non-profit entity, that employs the
74	74	7 services of one or more individual persons.
75	75	8 "Enclosed area" means all space between a floor and a
76	76	9 ceiling that is enclosed or partially enclosed with (i) solid
77	77	10 walls or windows, exclusive of doorways, or (ii) solid walls
78	78	11 with partitions and no windows, exclusive of doorways, that
79	79	12 extend from the floor to the ceiling, including, without
80	80	13 limitation, lobbies and corridors.
81	81	14 "Enclosed or partially enclosed sports arena" means any
82	82	15 sports pavilion, stadium, gymnasium, health spa, boxing arena,
83	83	16 swimming pool, roller rink, ice rink, bowling alley, or other
84	84	17 similar place where members of the general public assemble to
85	85	18 engage in physical exercise or participate in athletic
86	86	19 competitions or recreational activities or to witness sports,
87	87	20 cultural, recreational, or other events.
88	88	21 "Gaming equipment or supplies" means gaming
89	89	22 equipment/supplies as defined in the Illinois Gaming Board
90	90	23 Rules of the Illinois Administrative Code.
91	91	24 "Gaming facility" means an establishment utilized
92	92	25 primarily for the purposes of gaming and where gaming
93	93	26 equipment or supplies are operated for the purposes of
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104	104	1 accruing business revenue.
105	105	2 "Healthcare facility" means an office or institution
106	106	3 providing care or treatment of diseases, whether physical,
107	107	4 mental, or emotional, or other medical, physiological, or
108	108	5 psychological conditions, including, but not limited to,
109	109	6 hospitals, rehabilitation hospitals, weight control clinics,
110	110	7 nursing homes, homes for the aging or chronically ill,
111	111	8 laboratories, and offices of surgeons, chiropractors, physical
112	112	9 therapists, physicians, dentists, and all specialists within
113	113	10 these professions. "Healthcare facility" includes all waiting
114	114	11 rooms, hallways, private rooms, semiprivate rooms, and wards
115	115	12 within healthcare facilities.
116	116	13 "Place of employment" means any area under the control of
117	117	14 a public or private employer that employees are required to
118	118	15 enter, leave, or pass through during the course of employment,
119	119	16 including, but not limited to entrances and exits to places of
120	120	17 employment, including a minimum distance, as set forth in
121	121	18 Section 70 of this Act, of 15 feet from entrances, exits,
122	122	19 windows that open, and ventilation intakes that serve an
123	123	20 enclosed area where smoking is prohibited; offices and work
124	124	21 areas; restrooms; conference and classrooms; break rooms and
125	125	22 cafeterias; and other common areas. A private residence or
126	126	23 home-based business, unless used to provide licensed child
127	127	24 care, foster care, adult care, or other similar social service
128	128	25 care on the premises, is not a "place of employment", nor are
129	129	26 enclosed laboratories, not open to the public, in an
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140	140	1 accredited university or government facility where the
141	141	2 activity of smoking is exclusively conducted for the purpose
142	142	3 of medical or scientific health-related research. Rulemaking
143	143	4 authority to implement this amendatory Act of the 95th General
144	144	5 Assembly, if any, is conditioned on the rules being adopted in
145	145	6 accordance with all provisions of the Illinois Administrative
146	146	7 Procedure Act and all rules and procedures of the Joint
147	147	8 Committee on Administrative Rules; any purported rule not so
148	148	9 adopted, for whatever reason, is unauthorized.
149	149	10 "Private club" means a not-for-profit association that (1)
150	150	11 has been in active and continuous existence for at least 3
151	151	12 years prior to the effective date of this amendatory Act of the
152	152	13 95th General Assembly, whether incorporated or not, (2) is the
153	153	14 owner, lessee, or occupant of a building or portion thereof
154	154	15 used exclusively for club purposes at all times, (3) is
155	155	16 operated solely for a recreational, fraternal, social,
156	156	17 patriotic, political, benevolent, or athletic purpose, but not
157	157	18 for pecuniary gain, and (4) only sells alcoholic beverages
158	158	19 incidental to its operation. For purposes of this definition,
159	159	20 "private club" means an organization that is managed by a
160	160	21 board of directors, executive committee, or similar body
161	161	22 chosen by the members at an annual meeting, has established
162	162	23 bylaws, a constitution, or both to govern its activities, and
163	163	24 has been granted an exemption from the payment of federal
164	164	25 income tax as a club under 26 U.S.C. 501.
165	165	26 "Private residence" means the part of a structure used as
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176	176	1 a dwelling, including, without limitation: a private home,
177	177	2 townhouse, condominium, apartment, mobile home, vacation home,
178	178	3 cabin, or cottage. For the purposes of this definition, a
179	179	4 hotel, motel, inn, resort, lodge, bed and breakfast or other
180	180	5 similar public accommodation, hospital, nursing home, or
181	181	6 assisted living facility shall not be considered a private
182	182	7 residence.
183	183	8 "Public place" means that portion of any building or
184	184	9 vehicle used by and open to the public, regardless of whether
185	185	10 the building or vehicle is owned in whole or in part by private
186	186	11 persons or entities, the State of Illinois, or any other
187	187	12 public entity and regardless of whether a fee is charged for
188	188	13 admission, including a minimum distance, as set forth in
189	189	14 Section 70 of this Act, of 15 feet from entrances, exits,
190	190	15 windows that open, and ventilation intakes that serve an
191	191	16 enclosed area where smoking is prohibited. A "public place"
192	192	17 does not include a private residence unless the private
193	193	18 residence is used to provide licensed child care, foster care,
194	194	19 or other similar social service care on the premises. A
195	195	20 "public place" includes, but is not limited to, hospitals,
196	196	21 restaurants, retail stores, offices, commercial
197	197	22 establishments, elevators, indoor theaters, libraries,
198	198	23 museums, concert halls, public conveyances, educational
199	199	24 facilities, nursing homes, auditoriums, enclosed or partially
200	200	25 enclosed sports arenas, meeting rooms, schools, exhibition
201	201	26 halls, convention facilities, polling places, private clubs,
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212	212	1 gaming facilities, all government owned vehicles and
213	213	2 facilities, including buildings and vehicles owned, leased, or
214	214	3 operated by the State or State subcontract, healthcare
215	215	4 facilities or clinics, enclosed shopping centers, retail
216	216	5 service establishments, financial institutions, educational
217	217	6 facilities, ticket areas, public hearing facilities, public
218	218	7 restrooms, waiting areas, lobbies, bars, taverns, bowling
219	219	8 alleys, skating rinks, reception areas, and no less than 75%
220	220	9 of the sleeping quarters within a hotel, motel, resort, inn,
221	221	10 lodge, bed and breakfast, or other similar public
222	222	11 accommodation that are rented to guests, but excludes private
223	223	12 residences.
224	224	13 "Restaurant" means (i) an eating establishment, including,
225	225	14 but not limited to, coffee shops, cafeterias, sandwich stands,
226	226	15 and private and public school cafeterias, that gives or offers
227	227	16 for sale food to the public, guests, or employees, and (ii) a
228	228	17 kitchen or catering facility in which food is prepared on the
229	229	18 premises for serving elsewhere. "Restaurant" includes a bar
230	230	19 area within the restaurant.
231	231	20 "Retail tobacco store" means a retail establishment that
232	232	21 derives more than 80% of its gross revenue from the sale of
233	233	22 loose tobacco, plants, or herbs and cigars, electronic smoking
234	234	23 devices, cigarettes, pipes, and other smoking devices for
235	235	24 burning tobacco and related smoking accessories and in which
236	236	25 the sale of other products is merely incidental. "Retail
237	237	26 tobacco store" includes an enclosed workplace that
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248	248	1 manufactures, imports, or distributes tobacco, electronic
249	249	2 smoking devices, or tobacco products, when, as a necessary and
250	250	3 integral part of the process of making, manufacturing,
251	251	4 importing, or distributing a tobacco product or electronic
252	252	5 smoking device for the eventual retail sale of that tobacco,
253	253	6 electronic smoking device, or tobacco product, tobacco is
254	254	7 heated, burned, or smoked, or a lighted tobacco product is
255	255	8 tested, provided that the involved business entity: (1)
256	256	9 maintains a specially designated area or areas within the
257	257	10 workplace for the purpose of the heating, burning, smoking, or
258	258	11 lighting activities, and does not create a facility that
259	259	12 permits smoking throughout; (2) satisfies the 80% requirement
260	260	13 related to gross sales; and (3) delivers tobacco products or
261	261	14 electronic smoking devices to consumers, retail
262	262	15 establishments, or other wholesale establishments as part of
263	263	16 its business. "Retail tobacco store" does not include a
264	264	17 tobacco or electronic smoking device department or section of
265	265	18 a larger commercial establishment or any establishment with
266	266	19 any type of liquor, food, or restaurant license. Rulemaking
267	267	20 authority to implement this amendatory Act of the 95th General
268	268	21 Assembly, if any, is conditioned on the rules being adopted in
269	269	22 accordance with all provisions of the Illinois Administrative
270	270	23 Procedure Act and all rules and procedures of the Joint
271	271	24 Committee on Administrative Rules; any purported rule not so
272	272	25 adopted, for whatever reason, is unauthorized.
273	273	26 "Smoke" or "smoking" means the carrying, smoking, burning,
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284	284	1 inhaling, or exhaling of any kind of lighted pipe, cigar,
285	285	2 cigarette, hookah, weed, herbs, or any other lighted smoking
286	286	3 equipment. "Smoke" or "smoking" includes the use of an
287	287	4 electronic smoking device. "Smoke" or "smoking" does not
288	288	5 include smoking that is associated with a native recognized
289	289	6 religious ceremony, ritual, or activity by American Indians
290	290	7 that is in accordance with the federal American Indian
291	291	8 Religious Freedom Act, 42 U.S.C. 1996 and 1996a.
292	292	9 "State agency" has the meaning formerly ascribed to it in
293	293	10 subsection (a) of Section 3 of the Illinois Purchasing Act
294	294	11 (now repealed).
295	295	12 "Unit of local government" has the meaning ascribed to it
296	296	13 in Section 1 of Article VII of the Illinois Constitution of
297	297	14 1970.
298	298	15 (Source: P.A. 95-17, eff. 1-1-08; 95-1029, eff. 2-4-09;
299	299	16 96-797, eff. 1-1-10.)
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