Bill Text: IL HB3460 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: 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.

Sponsorship: Partisan Bill (Republican 1)

Status: (Failed) 2025-01-07 - Session Sine Die [HB3460 Detail]

Download: Illinois-2023-HB3460-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3460 Introduced , by Rep. Brad Stephens SYNOPSIS AS INTRODUCED:
410 ILCS 82/5
410 ILCS 82/10
410 ILCS 82/15
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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AN ACT concerning health.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Smoke Free Illinois Act is amended by
changing Sections 5, 10, and 15 as follows:
(410 ILCS 82/5)
Sec. 5. Findings. The General Assembly finds that tobacco
smoke is a harmful and dangerous carcinogen to human beings
and a hazard to public health. Secondhand tobacco smoke causes
at least 65,000 deaths each year from heart disease and lung
cancer according to the National Cancer Institute. Secondhand
tobacco smoke causes heart disease, stroke, cancer, sudden
infant death syndrome, low-birth-weight in infants, asthma and
exacerbation of asthma, bronchitis and pneumonia in children
and adults. Secondhand tobacco smoke is the third leading
cause of preventable death in the United States. Illinois
workers exposed to secondhand tobacco smoke are at increased
risk of premature death. An estimated 2,900 Illinois citizens
die each year from exposure to secondhand tobacco smoke.
The General Assembly also finds that the United States
Surgeon General's 2006 report has determined that there is no
risk-free level of exposure to secondhand smoke; the
scientific evidence that secondhand smoke causes serious

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diseases, including lung cancer, heart disease, and
respiratory illnesses such as bronchitis and asthma, is
massive and conclusive; separating smokers from nonsmokers,
cleaning the air, and ventilating buildings cannot eliminate
secondhand smoke exposure; smoke-free workplace policies are
effective in reducing secondhand smoke exposure; and
smoke-free workplace policies do not have an adverse economic
impact on the hospitality industry.
The General Assembly also finds that the Environmental
Protection Agency has determined that secondhand smoke cannot
be reduced to safe levels in businesses by high rates of
ventilation. Air cleaners, which are capable only of filtering
the particulate matter and odors in smoke, do not eliminate
the known toxins in secondhand smoke. The American Society of
Heating, Refrigerating and Air-Conditioning Engineers (ASHRAE)
bases its ventilation standards on totally smoke-free
environments because it cannot determine a safe level of
exposure to secondhand smoke, which contains cancer-causing
chemicals, and ASHRAE acknowledges that technology does not
exist that can remove chemicals that cause cancer from the
air. A June 30, 2005 ASHRAE position document on secondhand
smoke concludes that, at present, the only means of
eliminating health risks associated with indoor exposure is to
eliminate all smoking activity indoors.
The General Assembly also finds that the act of consuming
tobacco products by means of vaporization devices, or vaping,

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when carried out in public spaces, is intrusive and a
potential danger to public health, especially in times of
aerosol-borne infectious diseases.
(Source: P.A. 95-17, eff. 1-1-08.)
(410 ILCS 82/10)
Sec. 10. Definitions. In this Act:
"Alternative nicotine product" has the meaning provided in
Section 1 of the Prevention of Tobacco Use by Persons under 21
Years of Age and Sale and Distribution of Tobacco Products
Act.
"Bar" means an establishment that is devoted to the
serving of alcoholic beverages for consumption by guests on
the premises and that derives no more than 10% of its gross
revenue from the sale of food consumed on the premises. "Bar"
includes, but is not limited to, taverns, nightclubs, cocktail
lounges, adult entertainment facilities, and cabarets.
"Department" means the Department of Public Health.
"Electronic cigarette" has the meaning provided in Section
1 of the Prevention of Tobacco Use by Persons under 21 Years of
Age and Sale and Distribution of Tobacco Products Act.
"Employee" means a person who is employed by an employer
in consideration for direct or indirect monetary wages or
profits or a person who volunteers his or her services for a
non-profit entity.
"Employer" means a person, business, partnership,

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association, or corporation, including a municipal
corporation, trust, or non-profit entity, that employs the
services of one or more individual persons.
"Enclosed area" means all space between a floor and a
ceiling that is enclosed or partially enclosed with (i) solid
walls or windows, exclusive of doorways, or (ii) solid walls
with partitions and no windows, exclusive of doorways, that
extend from the floor to the ceiling, including, without
limitation, lobbies and corridors.
"Enclosed or partially enclosed sports arena" means any
sports pavilion, stadium, gymnasium, health spa, boxing arena,
swimming pool, roller rink, ice rink, bowling alley, or other
similar place where members of the general public assemble to
engage in physical exercise or participate in athletic
competitions or recreational activities or to witness sports,
cultural, recreational, or other events.
"Gaming equipment or supplies" means gaming
equipment/supplies as defined in the Illinois Gaming Board
Rules of the Illinois Administrative Code.
"Gaming facility" means an establishment utilized
primarily for the purposes of gaming and where gaming
equipment or supplies are operated for the purposes of
accruing business revenue.
"Healthcare facility" means an office or institution
providing care or treatment of diseases, whether physical,
mental, or emotional, or other medical, physiological, or

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psychological conditions, including, but not limited to,
hospitals, rehabilitation hospitals, weight control clinics,
nursing homes, homes for the aging or chronically ill,
laboratories, and offices of surgeons, chiropractors, physical
therapists, physicians, dentists, and all specialists within
these professions. "Healthcare facility" includes all waiting
rooms, hallways, private rooms, semiprivate rooms, and wards
within healthcare facilities.
"Place of employment" means any area under the control of
a public or private employer that employees are required to
enter, leave, or pass through during the course of employment,
including, but not limited to entrances and exits to places of
employment, including a minimum distance, as set forth in
Section 70 of this Act, of 15 feet from entrances, exits,
windows that open, and ventilation intakes that serve an
enclosed area where smoking is prohibited; offices and work
areas; restrooms; conference and classrooms; break rooms and
cafeterias; and other common areas. A private residence or
home-based business, unless used to provide licensed child
care, foster care, adult care, or other similar social service
care on the premises, is not a "place of employment", nor are
enclosed laboratories, not open to the public, in an
accredited university or government facility where the
activity of smoking is exclusively conducted for the purpose
of medical or scientific health-related research. Rulemaking
authority to implement this amendatory Act of the 95th General

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Assembly, if any, is conditioned on the rules being adopted in
accordance with all provisions of the Illinois Administrative
Procedure Act and all rules and procedures of the Joint
Committee on Administrative Rules; any purported rule not so
adopted, for whatever reason, is unauthorized.
"Private club" means a not-for-profit association that (1)
has been in active and continuous existence for at least 3
years prior to the effective date of this amendatory Act of the
95th General Assembly, whether incorporated or not, (2) is the
owner, lessee, or occupant of a building or portion thereof
used exclusively for club purposes at all times, (3) is
operated solely for a recreational, fraternal, social,
patriotic, political, benevolent, or athletic purpose, but not
for pecuniary gain, and (4) only sells alcoholic beverages
incidental to its operation. For purposes of this definition,
"private club" means an organization that is managed by a
board of directors, executive committee, or similar body
chosen by the members at an annual meeting, has established
bylaws, a constitution, or both to govern its activities, and
has been granted an exemption from the payment of federal
income tax as a club under 26 U.S.C. 501.
"Private residence" means the part of a structure used as
a dwelling, including, without limitation: a private home,
townhouse, condominium, apartment, mobile home, vacation home,
cabin, or cottage. For the purposes of this definition, a
hotel, motel, inn, resort, lodge, bed and breakfast or other

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similar public accommodation, hospital, nursing home, or
assisted living facility shall not be considered a private
residence.
"Public place" means that portion of any building or
vehicle used by and open to the public, regardless of whether
the building or vehicle is owned in whole or in part by private
persons or entities, the State of Illinois, or any other
public entity and regardless of whether a fee is charged for
admission, including a minimum distance, as set forth in
Section 70 of this Act, of 15 feet from entrances, exits,
windows that open, and ventilation intakes that serve an
enclosed area where smoking is prohibited. A "public place"
does not include a private residence unless the private
residence is used to provide licensed child care, foster care,
or other similar social service care on the premises. A
"public place" includes, but is not limited to, hospitals,
restaurants, retail stores, offices, commercial
establishments, elevators, indoor theaters, libraries,
museums, concert halls, public conveyances, educational
facilities, nursing homes, auditoriums, enclosed or partially
enclosed sports arenas, meeting rooms, schools, exhibition
halls, convention facilities, polling places, private clubs,
gaming facilities, all government owned vehicles and
facilities, including buildings and vehicles owned, leased, or
operated by the State or State subcontract, healthcare
facilities or clinics, enclosed shopping centers, retail

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service establishments, financial institutions, educational
facilities, ticket areas, public hearing facilities, public
restrooms, waiting areas, lobbies, bars, taverns, bowling
alleys, skating rinks, reception areas, and no less than 75%
of the sleeping quarters within a hotel, motel, resort, inn,
lodge, bed and breakfast, or other similar public
accommodation that are rented to guests, but excludes private
residences.
"Restaurant" means (i) an eating establishment, including,
but not limited to, coffee shops, cafeterias, sandwich stands,
and private and public school cafeterias, that gives or offers
for sale food to the public, guests, or employees, and (ii) a
kitchen or catering facility in which food is prepared on the
premises for serving elsewhere. "Restaurant" includes a bar
area within the restaurant.
"Retail tobacco store" means a retail establishment that
derives more than 80% of its gross revenue from the sale of
loose tobacco, plants, or herbs and cigars, cigarettes, pipes,
and other smoking devices for burning tobacco and related
smoking accessories and in which the sale of other products is
merely incidental. "Retail tobacco store" includes an enclosed
workplace that manufactures, imports, or distributes tobacco
or tobacco products, when, as a necessary and integral part of
the process of making, manufacturing, importing, or
distributing a tobacco product for the eventual retail sale of
that tobacco or tobacco product, tobacco is heated, burned, or

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smoked, or a lighted tobacco product is tested, provided that
the involved business entity: (1) maintains a specially
designated area or areas within the workplace for the purpose
of the heating, burning, smoking, or lighting activities, and
does not create a facility that permits smoking throughout;
(2) satisfies the 80% requirement related to gross sales; and
(3) delivers tobacco products to consumers, retail
establishments, or other wholesale establishments as part of
its business. "Retail tobacco store" does not include a
tobacco department or section of a larger commercial
establishment or any establishment with any type of liquor,
food, or restaurant license. Rulemaking authority to implement
this amendatory Act of the 95th General Assembly, if any, is
conditioned on the rules being adopted in accordance with all
provisions of the Illinois Administrative Procedure Act and
all rules and procedures of the Joint Committee on
Administrative Rules; any purported rule not so adopted, for
whatever reason, is unauthorized.
"Smoke" or "smoking" means the carrying, smoking, burning,
inhaling, or exhaling of any kind of lighted pipe, cigar,
cigarette, hookah, weed, herbs, or any other lighted smoking
equipment. "Smoke" or "smoking" does not include smoking that
is associated with a native recognized religious ceremony,
ritual, or activity by American Indians that is in accordance
with the federal American Indian Religious Freedom Act, 42
U.S.C. 1996 and 1996a.

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"State agency" has the meaning formerly ascribed to it in
subsection (a) of Section 3 of the Illinois Purchasing Act
(now repealed).
"Tobacco product" has the meaning provided in Section 1 of
the Prevention of Tobacco Use by Persons under 21 Years of Age
and Sale and Distribution of Tobacco Products Act.
"Unit of local government" has the meaning ascribed to it
in Section 1 of Article VII of the Illinois Constitution of
1970.
(Source: P.A. 95-17, eff. 1-1-08; 95-1029, eff. 2-4-09;
96-797, eff. 1-1-10.)
(410 ILCS 82/15)
Sec. 15. Smoking in public places, places of employment,
and governmental vehicles prohibited. No person shall smoke in
a public place or in any place of employment or within 15 feet
of any entrance to a public place or place of employment. No
person may smoke in any vehicle owned, leased, or operated by
the State or a political subdivision of the State. An owner
shall reasonably assure that smoking is prohibited in indoor
public places and workplaces unless specifically exempted by
Section 35 of this Act. This Section further applies to
smoking tobacco products, electronic cigarettes, and
alternative nicotine products in public places, a place of
employment, and a governmental vehicle.
(Source: P.A. 95-17, eff. 1-1-08; 95-1029, eff. 2-4-09.)