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Full Text of HB1850  96th General Assembly

HB1850ham001 96TH GENERAL ASSEMBLY

Rep. André M. Thapedi

Filed: 11/16/2010

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 1850

2    AMENDMENT NO. ______. Amend House Bill 1850 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Smoke Free Illinois Act is amended by
5changing Section 35 as follows:
 
6    (410 ILCS 82/35)
7    Sec. 35. Exemptions. Notwithstanding any other provision
8of this Act, smoking is allowed in the following areas:
9        (1) Private residences or dwelling places, except when
10    used as a child care, adult day care, or healthcare
11    facility or any other home-based business open to the
12    public.
13        (2) Retail tobacco stores as defined in Section 10 of
14    this Act in operation prior to the effective date of this
15    amendatory Act of the 95th General Assembly. The retail
16    tobacco store shall annually file with the Department by

 

 

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1    January 31st an affidavit stating the percentage of its
2    gross income during the prior calendar year that was
3    derived from the sale of loose tobacco, plants, or herbs
4    and cigars, cigarettes, pipes, or other smoking devices for
5    smoking tobacco and related smoking accessories. Any
6    retail tobacco store that begins operation after the
7    effective date of this amendatory Act may only qualify for
8    an exemption if located in a freestanding structure
9    occupied solely by the business and smoke from the business
10    does not migrate into an enclosed area where smoking is
11    prohibited.
12        (3) (Blank).
13        (3.5) Designated segregated ventilated smoking rooms
14    in gaming facilities that are licensed under the Riverboat
15    Gambling Act or the Illinois Horse Racing Act of 1975,
16    provided that the segregated smoking room is only
17    accessible to persons who have requested in writing to have
18    access to the smoking room and the smoke from the room
19    shall not infiltrate into any other areas where smoking is
20    prohibited. Rulemaking authority to implement this
21    amendatory Act of the 96th General Assembly, if any, is
22    conditioned on the rules being adopted in accordance with
23    all provisions of the Illinois Administrative Procedure
24    Act and all rules and procedures of the Joint Committee on
25    Administrative Rules; any purported rule not so adopted,
26    for whatever reason, is unauthorized.

 

 

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1        (4) Hotel and motel sleeping rooms that are rented to
2    guests and are designated as smoking rooms, provided that
3    all smoking rooms on the same floor must be contiguous and
4    smoke from these rooms must not infiltrate into nonsmoking
5    rooms or other areas where smoking is prohibited. Not more
6    than 25% of the rooms rented to guests in a hotel or motel
7    may be designated as rooms where smoking is allowed. The
8    status of rooms as smoking or nonsmoking may not be
9    changed, except to permanently add additional nonsmoking
10    rooms.
11        (5) Enclosed laboratories that are excluded from the
12    definition of "place of employment" in Section 10 of this
13    Act. Rulemaking authority to implement this amendatory Act
14    of the 95th General Assembly, if any, is conditioned on the
15    rules being adopted in accordance with all provisions of
16    the Illinois Administrative Procedure Act and all rules and
17    procedures of the Joint Committee on Administrative Rules;
18    any purported rule not so adopted, for whatever reason, is
19    unauthorized.
20        (6) Common smoking rooms in long-term care facilities
21    operated under the authority of the Illinois Department of
22    Veterans' Affairs or licensed under the Nursing Home Care
23    Act that are accessible only to residents who are smokers
24    and have requested in writing to have access to the common
25    smoking room where smoking is permitted and the smoke shall
26    not infiltrate other areas of the long-term care facility.

 

 

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1    Rulemaking authority to implement this amendatory Act of
2    the 95th General Assembly, if any, is conditioned on the
3    rules being adopted in accordance with all provisions of
4    the Illinois Administrative Procedure Act and all rules and
5    procedures of the Joint Committee on Administrative Rules;
6    any purported rule not so adopted, for whatever reason, is
7    unauthorized.
8(Source: P.A. 95-17, eff. 1-1-08; 95-1029, eff. 2-4-09;
996-1357, eff. 1-1-11.)".