103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB3445
 
Introduced 2/8/2024, by Sen. Willie Preston
 
SYNOPSIS AS INTRODUCED:

410 ILCS 82/10
 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
 
SB3445LRB103 38322 CES 68457 b


1 AN ACT concerning health.

2 Be it enacted by the People of the State of Illinois, 
3represented in the General Assembly:

4 Section 5. The Smoke Free Illinois Act is amended by 
5changing 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 
9serving of alcoholic beverages for consumption by guests on 
10the premises and that derives no more than 10% of its gross 
11revenue from the sale of food consumed on the premises. "Bar" 
12includes, but is not limited to, taverns, nightclubs, cocktail 
13lounges, adult entertainment facilities, and cabarets. 
14 "Department" means the Department of Public Health.
15 "Electronic cigarette" means any product containing or 
16delivering nicotine or any other substance intended for human 
17consumption that can be used by a person in any manner for the 
18purpose of inhaling vapor or aerosol from the product. 
19"Electronic cigarette" includes any such product, whether 
20manufactured, distributed, marketed, or sold as an 
21e-cigarette, e-cigar, e-pipe, e-hookah, or vape pen or under 
22any other product name or descriptor. 
23 "Employee" means a person who is employed by an employer 
 
 
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1in consideration for direct or indirect monetary wages or 
2profits or a person who volunteers his or her services for a 
3non-profit entity. 
4 "Employer" means a person, business, partnership, 
5association, or corporation, including a municipal 
6corporation, trust, or non-profit entity, that employs the 
7services of one or more individual persons. 
8 "Enclosed area" means all space between a floor and a 
9ceiling that is enclosed or partially enclosed with (i) solid 
10walls or windows, exclusive of doorways, or (ii) solid walls 
11with partitions and no windows, exclusive of doorways, that 
12extend from the floor to the ceiling, including, without 
13limitation, lobbies and corridors. 
14 "Enclosed or partially enclosed sports arena" means any 
15sports pavilion, stadium, gymnasium, health spa, boxing arena, 
16swimming pool, roller rink, ice rink, bowling alley, or other 
17similar place where members of the general public assemble to 
18engage in physical exercise or participate in athletic 
19competitions or recreational activities or to witness sports, 
20cultural, recreational, or other events. 
21 "Gaming equipment or supplies" means gaming 
22equipment/supplies as defined in the Illinois Gaming Board 
23Rules of the Illinois Administrative Code.
24 "Gaming facility" means an establishment utilized 
25primarily for the purposes of gaming and where gaming 
26equipment or supplies are operated for the purposes of 
 
 
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1accruing business revenue.
2 "Healthcare facility" means an office or institution 
3providing care or treatment of diseases, whether physical, 
4mental, or emotional, or other medical, physiological, or 
5psychological conditions, including, but not limited to, 
6hospitals, rehabilitation hospitals, weight control clinics, 
7nursing homes, homes for the aging or chronically ill, 
8laboratories, and offices of surgeons, chiropractors, physical 
9therapists, physicians, dentists, and all specialists within 
10these professions. "Healthcare facility" includes all waiting 
11rooms, hallways, private rooms, semiprivate rooms, and wards 
12within healthcare facilities. 
13 "Place of employment" means any area under the control of 
14a public or private employer that employees are required to 
15enter, leave, or pass through during the course of employment, 
16including, but not limited to entrances and exits to places of 
17employment, including a minimum distance, as set forth in 
18Section 70 of this Act, of 15 feet from entrances, exits, 
19windows that open, and ventilation intakes that serve an 
20enclosed area where smoking is prohibited; offices and work 
21areas; restrooms; conference and classrooms; break rooms and 
22cafeterias; and other common areas. A private residence or 
23home-based business, unless used to provide licensed child 
24care, foster care, adult care, or other similar social service 
25care on the premises, is not a "place of employment", nor are 
26enclosed laboratories, not open to the public, in an 
 
 
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1accredited university or government facility where the 
2activity of smoking is exclusively conducted for the purpose 
3of medical or scientific health-related research. Rulemaking 
4authority to implement this amendatory Act of the 95th General 
5Assembly, if any, is conditioned on the rules being adopted in 
6accordance with all provisions of the Illinois Administrative 
7Procedure Act and all rules and procedures of the Joint 
8Committee on Administrative Rules; any purported rule not so 
9adopted, for whatever reason, is unauthorized. 
10 "Private club" means a not-for-profit association that (1) 
11has been in active and continuous existence for at least 3 
12years prior to the effective date of this amendatory Act of the 
1395th General Assembly, whether incorporated or not, (2) is the 
14owner, lessee, or occupant of a building or portion thereof 
15used exclusively for club purposes at all times, (3) is 
16operated solely for a recreational, fraternal, social, 
17patriotic, political, benevolent, or athletic purpose, but not 
18for pecuniary gain, and (4) only sells alcoholic beverages 
19incidental to its operation. For purposes of this definition, 
20"private club" means an organization that is managed by a 
21board of directors, executive committee, or similar body 
22chosen by the members at an annual meeting, has established 
23bylaws, a constitution, or both to govern its activities, and 
24has been granted an exemption from the payment of federal 
25income 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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1a dwelling, including, without limitation: a private home, 
2townhouse, condominium, apartment, mobile home, vacation home, 
3cabin, or cottage. For the purposes of this definition, a 
4hotel, motel, inn, resort, lodge, bed and breakfast or other 
5similar public accommodation, hospital, nursing home, or 
6assisted living facility shall not be considered a private 
7residence. 
8 "Public place" means that portion of any building or 
9vehicle used by and open to the public, regardless of whether 
10the building or vehicle is owned in whole or in part by private 
11persons or entities, the State of Illinois, or any other 
12public entity and regardless of whether a fee is charged for 
13admission, including a minimum distance, as set forth in 
14Section 70 of this Act, of 15 feet from entrances, exits, 
15windows that open, and ventilation intakes that serve an 
16enclosed area where smoking is prohibited. A "public place" 
17does not include a private residence unless the private 
18residence is used to provide licensed child care, foster care, 
19or other similar social service care on the premises. A 
20"public place" includes, but is not limited to, hospitals, 
21restaurants, retail stores, offices, commercial 
22establishments, elevators, indoor theaters, libraries, 
23museums, concert halls, public conveyances, educational 
24facilities, nursing homes, auditoriums, enclosed or partially 
25enclosed sports arenas, meeting rooms, schools, exhibition 
26halls, convention facilities, polling places, private clubs, 
 
 
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1gaming facilities, all government owned vehicles and 
2facilities, including buildings and vehicles owned, leased, or 
3operated by the State or State subcontract, healthcare 
4facilities or clinics, enclosed shopping centers, retail 
5service establishments, financial institutions, educational 
6facilities, ticket areas, public hearing facilities, public 
7restrooms, waiting areas, lobbies, bars, taverns, bowling 
8alleys, skating rinks, reception areas, and no less than 75% 
9of the sleeping quarters within a hotel, motel, resort, inn, 
10lodge, bed and breakfast, or other similar public 
11accommodation that are rented to guests, but excludes private 
12residences. 
13 "Restaurant" means (i) an eating establishment, including, 
14but not limited to, coffee shops, cafeterias, sandwich stands, 
15and private and public school cafeterias, that gives or offers 
16for sale food to the public, guests, or employees, and (ii) a 
17kitchen or catering facility in which food is prepared on the 
18premises for serving elsewhere. "Restaurant" includes a bar 
19area within the restaurant.
20 "Retail tobacco store" means a retail establishment that 
21derives more than 80% of its gross revenue from the sale of 
22loose tobacco, plants, or herbs and cigars, cigarettes, pipes, 
23and other smoking devices for burning tobacco and related 
24smoking accessories and in which the sale of other products is 
25merely incidental. "Retail tobacco store" includes an enclosed 
26workplace that manufactures, imports, or distributes tobacco, 
 
 
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1electronic cigarettes, or tobacco products, when, as a 
2necessary and integral part of the process of making, 
3manufacturing, importing, or distributing a tobacco product or 
4electronic cigarette for the eventual retail sale of that 
5tobacco, electronic cigarette, or tobacco product, tobacco is 
6heated, burned, or smoked, or a lighted tobacco product is 
7tested, provided that the involved business entity: (1) 
8maintains a specially designated area or areas within the 
9workplace for the purpose of the heating, burning, smoking, or 
10lighting activities, and does not create a facility that 
11permits smoking throughout; (2) satisfies the 80% requirement 
12related to gross sales; and (3) delivers tobacco products or 
13electronic cigarettes to consumers, retail establishments, or 
14other wholesale establishments as part of its business. 
15"Retail tobacco store" does not include a tobacco or 
16electronic cigarette department or section of a larger 
17commercial establishment or any establishment with any type of 
18liquor, food, or restaurant license. Rulemaking authority to 
19implement this amendatory Act of the 95th General Assembly, if 
20any, is conditioned on the rules being adopted in accordance 
21with all provisions of the Illinois Administrative Procedure 
22Act and all rules and procedures of the Joint Committee on 
23Administrative Rules; any purported rule not so adopted, for 
24whatever reason, is unauthorized. 
25 "Smoke" or "smoking" means the carrying, smoking, burning, 
26inhaling, or exhaling of any kind of lighted pipe, cigar, 
 
 
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1cigarette, hookah, weed, herbs, or any other lighted smoking 
2equipment. "Smoke" or "smoking" includes the use of an 
3electronic cigarette. "Smoke" or "smoking" does not include 
4smoking that is associated with a native recognized religious 
5ceremony, ritual, or activity by American Indians that is in 
6accordance with the federal American Indian Religious Freedom 
7Act, 42 U.S.C. 1996 and 1996a. 
8 "State agency" has the meaning formerly ascribed to it in 
9subsection (a) of Section 3 of the Illinois Purchasing Act 
10(now repealed).
11 "Unit of local government" has the meaning ascribed to it 
12in Section 1 of Article VII of the Illinois Constitution of 
131970.
14(Source: P.A. 103-272, eff. 1-1-24.)