Bill Text: IL SB0842 | 2011-2012 | 97th General Assembly | Amended

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Bill Title: Amends the Mercury-added Product Prohibition Act. Makes a technical change in a Section concerning the manufacture of mercury fever thermometers.

Spectrum: Bipartisan Bill

Status: (Failed) 2013-01-08 - Session Sine Die [SB0842 Detail]

Download: Illinois-2011-SB0842-Amended.html

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Sen. David Koehler

Filed: 5/21/2012

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AMENDMENT TO SENATE BILL 842
AMENDMENT NO. ______. Amend Senate Bill 842 by replacing
everything after the enacting clause with the following:
"Section 5. The Smoke Free Illinois Act is amended by
changing Sections 10, 15, and 35 as follows:
(410 ILCS 82/10)
Sec. 10. Definitions. In this 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.
"Employee" means a person who is employed by an employer in
consideration for direct or indirect monetary wages or profits

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or a person who volunteers his or her services for a non-profit
entity.
"Employer" means a person, business, partnership,
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.

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"Healthcare facility" means an office or institution
providing care or treatment of diseases, whether physical,
mental, or emotional, or other medical, physiological, or
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.
"Permeable" means permitting smoke to pass through.
"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

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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 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

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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
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,

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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 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

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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
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,

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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.
"State agency" has the meaning formerly ascribed to it in
subsection (a) of Section 3 of the Illinois Purchasing Act (now
repealed).
"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 enclosed
indoor public places and workplaces unless specifically
exempted by Section 35 of this Act. The Department shall adopt
rules necessary for the administration of this Section within
12 months after the effective date of this amendatory Act of
the 97th General Assembly.
(Source: P.A. 95-17, eff. 1-1-08; 95-1029, eff. 2-4-09.)

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(410 ILCS 82/35)
Sec. 35. Exemptions. Notwithstanding any other provision
of this Act, smoking is allowed in the following areas:
(1) Private residences or dwelling places, except when
used as a child care, adult day care, or healthcare
facility or any other home-based business open to the
public.
(2) Retail tobacco stores as defined in Section 10 of
this Act in operation prior to the effective date of this
amendatory Act of the 95th General Assembly. The retail
tobacco store shall annually file with the Department by
January 31st an affidavit stating the percentage of its
gross income during the prior calendar year that was
derived from the sale of loose tobacco, plants, or herbs
and cigars, cigarettes, pipes, or other smoking devices for
smoking tobacco and related smoking accessories. Any
retail tobacco store that begins operation after the
effective date of this amendatory Act may only qualify for
an exemption if located in a freestanding structure
occupied solely by the business and smoke from the business
does not migrate into an enclosed area where smoking is
prohibited.
(3) (Blank).
(4) Hotel and motel sleeping rooms that are rented to
guests and are designated as smoking rooms, provided that

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all smoking rooms on the same floor must be contiguous and
smoke from these rooms must not infiltrate into nonsmoking
rooms or other areas where smoking is prohibited. Not more
than 25% of the rooms rented to guests in a hotel or motel
may be designated as rooms where smoking is allowed. The
status of rooms as smoking or nonsmoking may not be
changed, except to permanently add additional nonsmoking
rooms.
(5) Enclosed laboratories that are excluded from the
definition of "place of employment" in Section 10 of this
Act. 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.
(6) Common smoking rooms in long-term care facilities
operated under the authority of the Illinois Department of
Veterans' Affairs or licensed under the Nursing Home Care
Act that are accessible only to residents who are smokers
and have requested in writing to have access to the common
smoking room where smoking is permitted and the smoke shall
not infiltrate other areas of the long-term care facility.
Rulemaking authority to implement this amendatory Act of
the 95th General Assembly, if any, is conditioned on the

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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.
(7) An outdoor patio controlled by the proprietor of a
place of employment or public space that is designated by
the proprietor as an area where smoking is permitted, if
the area is 15 feet or more from entrances, exits, windows
that open, and ventilation intakes that serve an enclosed
area where smoking is prohibited. The outdoor patio shall
have at least one side that contains a majority of open
space or permeable material, unless the outdoor patio has
either no overhead covering or an overhead covering that
consists of permeable material or a combination of open
space and permeable material. An area where smoking is
permitted on a rooftop must satisfy the requirements for an
outdoor patio contained in this subsection (7). An outdoor
patio where smoking is permitted shall be situated so that
patrons of the indoor public place or indoor place of
employment need not enter an outdoor patio area where
smoking is permitted in order to gain access to the indoor
area. Nothing in this exemption shall limit the authority
under Section 30 to designate all or part of an outdoor
patio as a non-smoking area. An employee shall not be
required, as a condition of employment, to enter an outdoor

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patio where smoking is permitted. The Department shall
adopt rules necessary for the administration of this
subsection (7) within 12 months after the effective date of
this amendatory Act of the 97th General Assembly.
(Source: P.A. 95-17, eff. 1-1-08; 95-1029, eff. 2-4-09;
96-1357, eff. 1-1-11.)".