Bill Amendment: IL SB1864 | 2019-2020 | 101st General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: HEALTH CARE AFFORD/INFO/KIDNEY
Status: 2020-07-07 - Public Act . . . . . . . . . 101-0649 [SB1864 Detail]
Download: Illinois-2019-SB1864-House_Amendment_002.html
Bill Title: HEALTH CARE AFFORD/INFO/KIDNEY
Status: 2020-07-07 - Public Act . . . . . . . . . 101-0649 [SB1864 Detail]
Download: Illinois-2019-SB1864-House_Amendment_002.html
| |||||||
| |||||||
| |||||||
1 | AMENDMENT TO SENATE BILL 1864
| ||||||
2 | AMENDMENT NO. ______. Amend Senate Bill 1864 by replacing | ||||||
3 | everything after the enacting clause with the following:
| ||||||
4 | "Section 5. The Smoke Free Illinois Act is amended by | ||||||
5 | changing 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 serving | ||||||
9 | of alcoholic beverages for consumption by guests on the | ||||||
10 | premises and that derives no more than 10% of its gross revenue | ||||||
11 | from the sale of food consumed on the premises. "Bar" includes, | ||||||
12 | but is not limited to, taverns, nightclubs, cocktail lounges, | ||||||
13 | adult entertainment facilities, and cabarets. | ||||||
14 | "Department" means the Department of Public Health. | ||||||
15 | "Electronic cigarette" has the same meaning as provided in | ||||||
16 | subsection (a-9) of Section 1 of the Prevention of Tobacco Use |
| |||||||
| |||||||
1 | by Persons under 21 Years of Age and Sale and Distribution of | ||||||
2 | Tobacco Products Act.
| ||||||
3 | "Employee" means a person who is employed by an employer in | ||||||
4 | consideration for direct or indirect monetary wages or profits | ||||||
5 | or a person who volunteers his or her services for a non-profit | ||||||
6 | entity. | ||||||
7 | "Employer" means a person, business, partnership, | ||||||
8 | association, or corporation, including a municipal | ||||||
9 | corporation, trust, or non-profit entity, that employs the | ||||||
10 | services of one or more individual persons. | ||||||
11 | "Enclosed area" means all space between a floor and a | ||||||
12 | ceiling that is enclosed or partially enclosed with (i) solid | ||||||
13 | walls or windows, exclusive of doorways, or (ii) solid walls | ||||||
14 | with partitions and no windows, exclusive of doorways, that | ||||||
15 | extend from the floor to the ceiling, including, without | ||||||
16 | limitation, lobbies and corridors. | ||||||
17 | "Enclosed or partially enclosed sports arena" means any | ||||||
18 | sports pavilion, stadium, gymnasium, health spa, boxing arena, | ||||||
19 | swimming pool, roller rink, ice rink, bowling alley, or other | ||||||
20 | similar place where members of the general public assemble to | ||||||
21 | engage in physical exercise or participate in athletic | ||||||
22 | competitions or recreational activities or to witness sports, | ||||||
23 | cultural, recreational, or other events. | ||||||
24 | "Gaming equipment or supplies" means gaming | ||||||
25 | equipment/supplies as defined in the Illinois Gaming Board | ||||||
26 | Rules of the Illinois Administrative Code. |
| |||||||
| |||||||
1 | "Gaming facility" means an establishment utilized | ||||||
2 | primarily for the purposes of gaming and where gaming equipment | ||||||
3 | or supplies are operated for the purposes of accruing business | ||||||
4 | revenue. | ||||||
5 | "Healthcare facility" means an office or institution | ||||||
6 | providing care or treatment of diseases, whether physical, | ||||||
7 | mental, or emotional, or other medical, physiological, or | ||||||
8 | psychological conditions, including, but not limited to, | ||||||
9 | hospitals, rehabilitation hospitals, weight control clinics, | ||||||
10 | nursing homes, homes for the aging or chronically ill, | ||||||
11 | laboratories, and offices of surgeons, chiropractors, physical | ||||||
12 | therapists, physicians, dentists, and all specialists within | ||||||
13 | these professions. "Healthcare facility" includes all waiting | ||||||
14 | rooms, hallways, private rooms, semiprivate rooms, and wards | ||||||
15 | within healthcare facilities. | ||||||
16 | "Place of employment" means any area under the control of a | ||||||
17 | public or private employer that employees are required to | ||||||
18 | enter, leave, or pass through during the course of employment, | ||||||
19 | including, but not limited to entrances and exits to places of | ||||||
20 | employment, including a minimum distance, as set forth in | ||||||
21 | Section 70 of this Act, of 15 feet from entrances, exits, | ||||||
22 | windows that open, and ventilation intakes that serve an | ||||||
23 | enclosed area where smoking is prohibited; offices and work | ||||||
24 | areas; restrooms; conference and classrooms; break rooms and | ||||||
25 | cafeterias; and other common areas. A private residence or | ||||||
26 | home-based business, unless used to provide licensed child |
| |||||||
| |||||||
1 | care, foster care, adult care, or other similar social service | ||||||
2 | care on the premises, is not a "place of employment", nor are | ||||||
3 | enclosed laboratories, not open to the public, in an accredited
| ||||||
4 | university or government facility where the activity of smoking | ||||||
5 | is
exclusively conducted for the purpose of medical or | ||||||
6 | scientific health-related research. Rulemaking authority to | ||||||
7 | implement this amendatory Act of the 95th General Assembly, if | ||||||
8 | any, is conditioned on the rules being adopted in accordance | ||||||
9 | with all provisions of the Illinois Administrative Procedure | ||||||
10 | Act and all rules and procedures of the Joint Committee on | ||||||
11 | Administrative Rules; any purported rule not so adopted, for | ||||||
12 | whatever reason, is unauthorized.
| ||||||
13 | "Private club" means a not-for-profit association that (1) | ||||||
14 | has been in active and continuous existence for at least 3 | ||||||
15 | years prior to the effective date of this amendatory Act of the | ||||||
16 | 95th General Assembly, whether incorporated or not, (2) is the | ||||||
17 | owner, lessee, or occupant of a building or portion thereof | ||||||
18 | used exclusively for club purposes at all times, (3) is | ||||||
19 | operated solely for a recreational, fraternal, social, | ||||||
20 | patriotic, political, benevolent, or athletic purpose, but not | ||||||
21 | for pecuniary gain, and (4) only sells alcoholic beverages | ||||||
22 | incidental to its operation. For purposes of this definition, | ||||||
23 | "private club" means an organization that is managed by a board | ||||||
24 | of directors, executive committee, or similar body chosen by | ||||||
25 | the members at an annual meeting, has established bylaws, a | ||||||
26 | constitution, or both to govern its activities, and has been |
| |||||||
| |||||||
1 | granted an exemption from the payment of federal income tax as | ||||||
2 | a club under 26 U.S.C. 501. | ||||||
3 | "Private residence" means the part of a structure used as a | ||||||
4 | dwelling, including, without limitation: a private home, | ||||||
5 | townhouse, condominium, apartment, mobile home, vacation home, | ||||||
6 | cabin, or cottage. For the purposes of this definition, a | ||||||
7 | hotel, motel, inn, resort, lodge, bed and breakfast or other | ||||||
8 | similar public accommodation, hospital, nursing home, or | ||||||
9 | assisted living facility shall not be considered a private | ||||||
10 | residence. | ||||||
11 | "Public place" means that portion of any building or | ||||||
12 | vehicle used by and open to the public, regardless of whether | ||||||
13 | the building or vehicle is owned in whole or in part by private | ||||||
14 | persons or entities, the State of Illinois, or any other public | ||||||
15 | entity and regardless of whether a fee is charged for | ||||||
16 | admission, including a minimum distance, as set forth in | ||||||
17 | Section 70 of this Act, of 15 feet from entrances, exits, | ||||||
18 | windows that open, and ventilation intakes that serve an | ||||||
19 | enclosed area where smoking is prohibited. A "public place" | ||||||
20 | does not include a private residence unless the private | ||||||
21 | residence is used to provide licensed child care, foster care, | ||||||
22 | or other similar social service care on the premises. A "public | ||||||
23 | place" includes, but is not limited to,
hospitals, restaurants, | ||||||
24 | retail stores, offices, commercial establishments,
elevators, | ||||||
25 | indoor theaters, libraries, museums, concert halls, public
| ||||||
26 | conveyances, educational facilities, nursing homes, |
| |||||||
| |||||||
1 | auditoriums, enclosed or partially enclosed sports arenas,
| ||||||
2 | meeting rooms, schools, exhibition halls, convention | ||||||
3 | facilities, polling places, private clubs, gaming facilities, | ||||||
4 | all government owned vehicles and facilities, including | ||||||
5 | buildings and vehicles owned, leased, or operated by the State | ||||||
6 | or State subcontract, healthcare facilities or clinics, | ||||||
7 | enclosed shopping centers, retail service establishments, | ||||||
8 | financial institutions, educational facilities, ticket areas, | ||||||
9 | public hearing facilities, public restrooms, waiting areas, | ||||||
10 | lobbies, bars, taverns, bowling alleys, skating rinks, | ||||||
11 | reception areas, and no less than 75% of the sleeping quarters | ||||||
12 | within a hotel, motel, resort, inn, lodge, bed and breakfast, | ||||||
13 | or other similar public accommodation that are rented to | ||||||
14 | guests, but excludes private residences.
| ||||||
15 | "Restaurant" means (i) an eating establishment, including, | ||||||
16 | but not limited to, coffee shops, cafeterias, sandwich stands, | ||||||
17 | and private and public school cafeterias, that gives or offers | ||||||
18 | for sale food to the public, guests, or employees, and (ii) a | ||||||
19 | kitchen or catering facility in which food is prepared on the | ||||||
20 | premises for serving elsewhere. "Restaurant" includes a bar | ||||||
21 | area within the restaurant. | ||||||
22 | "Retail tobacco store" means a retail establishment that | ||||||
23 | derives more than 80% of its gross revenue from the sale of | ||||||
24 | loose tobacco, plants, or herbs and cigars, electronic | ||||||
25 | cigarettes, cigarettes, pipes, and other smoking devices for | ||||||
26 | burning tobacco and related smoking accessories and in which |
| |||||||
| |||||||
1 | the sale of other products is merely incidental. "Retail | ||||||
2 | tobacco store" includes an enclosed workplace that | ||||||
3 | manufactures, imports, or distributes tobacco , electronic | ||||||
4 | cigarettes, or tobacco products, when, as a necessary and | ||||||
5 | integral part of the process of making, manufacturing, | ||||||
6 | importing, or distributing a tobacco product or electronic | ||||||
7 | cigarette for the eventual retail sale of that tobacco , | ||||||
8 | electronic cigarette, or tobacco product, tobacco is heated, | ||||||
9 | burned, or smoked, or a lighted tobacco product is tested, | ||||||
10 | provided that the involved business entity: (1) maintains a | ||||||
11 | specially designated area or areas within the workplace for the | ||||||
12 | purpose of the heating, burning, smoking, or lighting | ||||||
13 | activities, and does not create a facility that permits smoking | ||||||
14 | throughout; (2) satisfies the 80% requirement related to gross | ||||||
15 | sales; and (3) delivers tobacco products or electronic | ||||||
16 | cigarettes to consumers, retail establishments, or other | ||||||
17 | wholesale establishments as part of its business. "Retail | ||||||
18 | tobacco store" does not include a tobacco or electronic | ||||||
19 | cigarette department or section of a larger commercial | ||||||
20 | establishment or any establishment with any type of liquor, | ||||||
21 | food, or restaurant license. Rulemaking authority to implement | ||||||
22 | this amendatory Act of the 95th General Assembly, if any, is | ||||||
23 | conditioned on the rules being adopted in accordance with all | ||||||
24 | provisions of the Illinois Administrative Procedure Act and all | ||||||
25 | rules and procedures of the Joint Committee on Administrative | ||||||
26 | Rules; any purported rule not so adopted, for whatever reason, |
| |||||||
| |||||||
1 | is unauthorized. | ||||||
2 | "Smoke" or "smoking" means the carrying, smoking, burning, | ||||||
3 | inhaling, or exhaling of any kind of lighted pipe, cigar, | ||||||
4 | cigarette, hookah, weed, herbs, or any other lighted smoking | ||||||
5 | equipment. "Smoke" or "smoking" includes the use of an | ||||||
6 | electronic cigarette. "Smoke" or "smoking" does not include | ||||||
7 | smoking that is associated with a native recognized religious | ||||||
8 | ceremony, ritual, or activity by American Indians that is in | ||||||
9 | accordance with the federal American Indian Religious Freedom | ||||||
10 | Act, 42 U.S.C. 1996 and 1996a.
| ||||||
11 | "State agency" has the meaning formerly ascribed to it in | ||||||
12 | subsection
(a) of Section 3 of the Illinois Purchasing Act (now | ||||||
13 | repealed).
| ||||||
14 | "Unit of local government" has the meaning ascribed to it | ||||||
15 | in Section
1 of Article VII of the Illinois Constitution of | ||||||
16 | 1970.
| ||||||
17 | (Source: P.A. 95-17, eff. 1-1-08; 95-1029, eff. 2-4-09; 96-797, | ||||||
18 | eff. 1-1-10.)".
|