Sen. Julie A. Morrison
Filed: 3/2/2023
 
 


 




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1
AMENDMENT TO SENATE BILL 1561 




2 AMENDMENT NO. ______. Amend Senate Bill 1561 by replacing 
3everything after the enacting clause with the following:


4 "Section 5. The Smoke Free Illinois Act is amended by 
5changing Sections 10 and 35 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 
 
 
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1consumption that can be used by a person in any manner for the 
2purpose of inhaling vapor or aerosol from the product. 
3"Electronic cigarette" includes any such product, whether 
4manufactured, distributed, marketed, or sold as an 
5e-cigarette, e-cigar, e-pipe, e-hookah, or vape pen or under 
6any other product name or descriptor. 

7 "Employee" means a person who is employed by an employer 
8in consideration for direct or indirect monetary wages or 
9profits or a person who volunteers his or her services for a 
10non-profit entity. 
11 "Employer" means a person, business, partnership, 
12association, or corporation, including a municipal 
13corporation, trust, or non-profit entity, that employs the 
14services of one or more individual persons. 
15 "Enclosed area" means all space between a floor and a 
16ceiling that is enclosed or partially enclosed with (i) solid 
17walls or windows, exclusive of doorways, or (ii) solid walls 
18with partitions and no windows, exclusive of doorways, that 
19extend from the floor to the ceiling, including, without 
20limitation, lobbies and corridors. 
21 "Enclosed or partially enclosed sports arena" means any 
22sports pavilion, stadium, gymnasium, health spa, boxing arena, 
23swimming pool, roller rink, ice rink, bowling alley, or other 
24similar place where members of the general public assemble to 
25engage in physical exercise or participate in athletic 
26competitions or recreational activities or to witness sports, 
 
 
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1cultural, recreational, or other events. 
2 "Gaming equipment or supplies" means gaming 
3equipment/supplies as defined in the Illinois Gaming Board 
4Rules of the Illinois Administrative Code.
5 "Gaming facility" means an establishment utilized 
6primarily for the purposes of gaming and where gaming 
7equipment or supplies are operated for the purposes of 
8accruing business revenue.
9 "Healthcare facility" means an office or institution 
10providing care or treatment of diseases, whether physical, 
11mental, or emotional, or other medical, physiological, or 
12psychological conditions, including, but not limited to, 
13hospitals, rehabilitation hospitals, weight control clinics, 
14nursing homes, homes for the aging or chronically ill, 
15laboratories, and offices of surgeons, chiropractors, physical 
16therapists, physicians, dentists, and all specialists within 
17these professions. "Healthcare facility" includes all waiting 
18rooms, hallways, private rooms, semiprivate rooms, and wards 
19within healthcare facilities. 
20 "Place of employment" means any area under the control of 
21a public or private employer that employees are required to 
22enter, leave, or pass through during the course of employment, 
23including, but not limited to entrances and exits to places of 
24employment, including a minimum distance, as set forth in 
25Section 70 of this Act, of 15 feet from entrances, exits, 
26windows that open, and ventilation intakes that serve an 
 
 
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1enclosed area where smoking is prohibited; offices and work 
2areas; restrooms; conference and classrooms; break rooms and 
3cafeterias; and other common areas. A private residence or 
4home-based business, unless used to provide licensed child 
5care, foster care, adult care, or other similar social service 
6care on the premises, is not a "place of employment", nor are 
7enclosed laboratories, not open to the public, in an 
8accredited
university or government facility where the 
9activity of smoking is
exclusively conducted for the purpose 
10of medical or scientific health-related research. Rulemaking 
11authority to implement this amendatory Act of the 95th General 
12Assembly, if any, is conditioned on the rules being adopted in 
13accordance with all provisions of the Illinois Administrative 
14Procedure Act and all rules and procedures of the Joint 
15Committee on Administrative Rules; any purported rule not so 
16adopted, for whatever reason, is unauthorized. 

17 "Private club" means a not-for-profit association that (1) 
18has been in active and continuous existence for at least 3 
19years prior to the effective date of this amendatory Act of the 
2095th General Assembly, whether incorporated or not, (2) is the 
21owner, lessee, or occupant of a building or portion thereof 
22used exclusively for club purposes at all times, (3) is 
23operated solely for a recreational, fraternal, social, 
24patriotic, political, benevolent, or athletic purpose, but not 
25for pecuniary gain, and (4) only sells alcoholic beverages 
26incidental to its operation. For purposes of this definition, 
 
 
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1"private club" means an organization that is managed by a 
2board of directors, executive committee, or similar body 
3chosen by the members at an annual meeting, has established 
4bylaws, a constitution, or both to govern its activities, and 
5has been granted an exemption from the payment of federal 
6income tax as a club under 26 U.S.C. 501. 
7 "Private residence" means the part of a structure used as 
8a dwelling, including, without limitation: a private home, 
9townhouse, condominium, apartment, mobile home, vacation home, 
10cabin, or cottage. For the purposes of this definition, a 
11hotel, motel, inn, resort, lodge, bed and breakfast or other 
12similar public accommodation, hospital, nursing home, or 
13assisted living facility shall not be considered a private 
14residence. 
15 "Public place" means that portion of any building or 
16vehicle used by and open to the public, regardless of whether 
17the building or vehicle is owned in whole or in part by private 
18persons or entities, the State of Illinois, or any other 
19public entity and regardless of whether a fee is charged for 
20admission, including a minimum distance, as set forth in 
21Section 70 of this Act, of 15 feet from entrances, exits, 
22windows that open, and ventilation intakes that serve an 
23enclosed area where smoking is prohibited. A "public place" 
24does not include a private residence unless the private 
25residence is used to provide licensed child care, foster care, 
26or other similar social service care on the premises. A 
 
 
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1"public place" includes, but is not limited to,
hospitals, 
2restaurants, retail stores, offices, commercial 
3establishments,
elevators, indoor theaters, libraries, 
4museums, concert halls, public
conveyances, educational 
5facilities, nursing homes, auditoriums, enclosed or partially 
6enclosed sports arenas,
meeting rooms, schools, exhibition 
7halls, convention facilities, polling places, private clubs, 
8gaming facilities, all government owned vehicles and 
9facilities, including buildings and vehicles owned, leased, or 
10operated by the State or State subcontract, healthcare 
11facilities or clinics, enclosed shopping centers, retail 
12service establishments, financial institutions, educational 
13facilities, ticket areas, public hearing facilities, public 
14restrooms, waiting areas, lobbies, bars, taverns, bowling 
15alleys, skating rinks, reception areas, and no less than 75% 
16of the sleeping quarters within a hotel, motel, resort, inn, 
17lodge, bed and breakfast, or other similar public 
18accommodation that are rented to guests, but excludes private 
19residences. 

20 "Restaurant" means (i) an eating establishment, including, 
21but not limited to, coffee shops, cafeterias, sandwich stands, 
22and private and public school cafeterias, that gives or offers 
23for sale food to the public, guests, or employees, and (ii) a 
24kitchen or catering facility in which food is prepared on the 
25premises for serving elsewhere. "Restaurant" includes a bar 
26area within the restaurant.
 
 
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1 "Retail tobacco store" means a retail establishment that 
2derives more than 80% of its gross revenue from the sale of 
3loose tobacco, plants, or herbs and cigars, cigarettes, pipes, 
4and other smoking devices for burning tobacco and related 
5smoking accessories and in which the sale of other products is 
6merely incidental. "Retail tobacco store" includes an enclosed 
7workplace that manufactures, imports, or distributes tobacco, 
8electronic cigarettes, or tobacco products, when, as a 
9necessary and integral part of the process of making, 
10manufacturing, importing, or distributing a tobacco product or 
11electronic cigarette for the eventual retail sale of that 
12tobacco, electronic cigarette, or tobacco product, tobacco is 
13heated, burned, or smoked, or a lighted tobacco product is 
14tested, provided that the involved business entity: (1) 
15maintains a specially designated area or areas within the 
16workplace for the purpose of the heating, burning, smoking, or 
17lighting activities, and does not create a facility that 
18permits smoking throughout; (2) satisfies the 80% requirement 
19related to gross sales; and (3) delivers tobacco products or 
20electronic cigarettes to consumers, retail establishments, or 
21other wholesale establishments as part of its business. 
22"Retail tobacco store" does not include a tobacco or 
23electronic cigarette department or section of a larger 
24commercial establishment or any establishment with any type of 
25liquor, food, or restaurant license. Rulemaking authority to 
26implement this amendatory Act of the 95th General Assembly, if 
 
 
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1any, is conditioned on the rules being adopted in accordance 
2with all provisions of the Illinois Administrative Procedure 
3Act and all rules and procedures of the Joint Committee on 
4Administrative Rules; any purported rule not so adopted, for 
5whatever reason, is unauthorized. 
6 "Smoke" or "smoking" means the carrying, smoking, burning, 
7inhaling, or exhaling of any kind of lighted pipe, cigar, 
8cigarette, hookah, weed, herbs, or any other lighted smoking 
9equipment. "Smoke" or "smoking" includes the use of an 
10electronic cigarette. "Smoke" or "smoking" does not include 
11smoking that is associated with a native recognized religious 
12ceremony, ritual, or activity by American Indians that is in 
13accordance with the federal American Indian Religious Freedom 
14Act, 42 U.S.C. 1996 and 1996a. 

15 "State agency" has the meaning formerly ascribed to it in 
16subsection
(a) of Section 3 of the Illinois Purchasing Act 
17(now repealed).

18 "Unit of local government" has the meaning ascribed to it 
19in Section
1 of Article VII of the Illinois Constitution of 
201970.

21(Source: P.A. 95-17, eff. 1-1-08; 95-1029, eff. 2-4-09; 
2296-797, eff. 1-1-10.)

23 (410 ILCS 82/35)
24 Sec. 35. Exemptions. Notwithstanding any other provision 
25of this Act, smoking is allowed in the following areas:
 
 
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1  (1) Private residences or dwelling places, except when 
2 used as a child care, adult day care, or healthcare 
3 facility or any other home-based business open to the 
4 public.
5  (2) Retail tobacco stores as defined in Section 10 of 
6 this Act in operation prior to the effective date of this 
7 amendatory Act of the 95th General Assembly. The retail 
8 tobacco store shall annually file with the Department by 
9 January 31st an affidavit stating the percentage of its 
10 gross income during the prior calendar year that was 
11 derived from the sale of loose tobacco, plants, or herbs 
12 and cigars, cigarettes, pipes, or other smoking devices 
13 for smoking tobacco and related smoking accessories. Any 
14 retail tobacco store that begins operation after the 
15 effective date of this amendatory Act may only qualify for 
16 an exemption if located in a freestanding structure 
17 occupied solely by the business and smoke from the 
18 business does not migrate into an enclosed area where 
19 smoking is prohibited. A retail tobacco store that derives 
20 at least 80% of its gross revenue from the sale of 
21 electronic cigarettes and electronic cigarette equipment 
22 and accessories in operation before the effective date of 
23 this amendatory Act of the 103rd General Assembly 
24 qualifies for this exemption for electronic cigarettes 
25 only. A retail tobacco store claiming an exemption for 
26 electronic cigarettes shall annually file with the 
 
 
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1 Department by January 31 an affidavit stating the 
2 percentage of its gross income during the prior calendar 
3 year that was derived from the sale of electronic 
4 cigarettes. A retail tobacco store may, with authorization 
5 or permission from a unit of local government, including a 
6 home rule unit, or any non-home rule county within the 
7 unincorporated territory of the county, allow the 
8 on-premises consumption of cannabis in a specially 
9 designated areas.
10  (3) (Blank).
11  (4) Hotel and motel sleeping rooms that are rented to 
12 guests and are designated as smoking rooms, provided that 
13 all smoking rooms on the same floor must be contiguous and 
14 smoke from these rooms must not infiltrate into nonsmoking 
15 rooms or other areas where smoking is prohibited. Not more 
16 than 25% of the rooms rented to guests in a hotel or motel 
17 may be designated as rooms where smoking is allowed. The 
18 status of rooms as smoking or nonsmoking may not be 
19 changed, except to permanently add additional nonsmoking 
20 rooms.
21  (5) Enclosed laboratories that are excluded from the 
22 definition of "place of employment" in Section 10 of this 
23 Act. Rulemaking authority to implement this amendatory Act 
24 of the 95th General Assembly, if any, is conditioned on 
25 the rules being adopted in accordance with all provisions 
26 of the Illinois Administrative Procedure Act and all rules 
 
 
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1 and procedures of the Joint Committee on Administrative 
2 Rules; any purported rule not so adopted, for whatever 
3 reason, is unauthorized.
4  (6) Common smoking rooms in long-term care facilities

5 operated under the authority of the Illinois Department of

6 Veterans' Affairs or licensed under the Nursing Home Care 
7 Act that are accessible only to residents who
are smokers 
8 and have requested in writing to have access to
the common 
9 smoking room where smoking is permitted and the
smoke 
10 shall not infiltrate other areas of the long-term care 
11 facility. Rulemaking authority to implement this 
12 amendatory Act of the 95th General Assembly, if any, is 
13 conditioned on the rules being adopted in accordance with 
14 all provisions of the Illinois Administrative Procedure 
15 Act and all rules and procedures of the Joint Committee on 
16 Administrative Rules; any purported rule not so adopted, 
17 for whatever reason, is unauthorized.
18  (7) A convention hall of the Donald E. Stephens 
19 Convention Center where a meeting or trade show for

20 manufacturers and suppliers of tobacco and tobacco

21 products and accessories is being held, during the time 
22 the
meeting or trade show is occurring, if the meeting or 
23 trade
show:
24   (i) is a trade-only event and not open to the

25 public;
26   (ii) is limited to attendees and exhibitors that

 
 
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1 are 21 years of age or older;
2   (iii) is being produced or organized by a business

3 relating to tobacco or a professional association for

4 convenience stores; and
5   (iv) involves the display of tobacco products.
6  Smoking is not allowed in any public area outside of

7 the hall designated for the meeting or trade show.
8  This
paragraph (7) is inoperative on and after October 
9 1, 2015.
10  (8) A dispensing organization, as defined in the 
11 Cannabis Regulation and Tax Act, authorized or permitted 
12 by a unit local government to allow on-site consumption of 
13 cannabis, if the establishment: (1) maintains a specially 
14 designated area or areas for the purpose of heating, 
15 burning, smoking, or lighting cannabis; (2) is limited to 
16 individuals 21 or older; and (3) maintains a locked door 
17 or barrier to any specially designated areas for the 
18 purpose of heating, burning, smoking or lighting cannabis. 
19(Source: P.A. 101-593, eff. 12-4-19.)".