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Public Act 098-1023 | ||||
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AN ACT concerning safety.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 5. The Smoke Free Illinois Act is amended by | ||||
changing Sections 35 and 45 as follows: | ||||
(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 | ||
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
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operated under the authority of the Illinois Department of
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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 | ||
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) A convention hall of the Donald E. Stephens | ||
Convention Center where a meeting or trade show for
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manufacturers and suppliers of tobacco and tobacco
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products and accessories is being held, during the time the
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meeting or trade show is occurring, if the meeting or trade
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show: | ||
(i) is a trade-only event and not open to the
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public; | ||
(ii) is limited to attendees and exhibitors that
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are 21 years of age or older; | ||
(iii) is being produced or organized by a business
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relating to tobacco or a professional association for
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convenience stores; and | ||
(iv) involves the display of tobacco products. |
Smoking is not allowed in any public area outside of
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the hall designated for the meeting or trade show. | ||
This
paragraph (7) is inoperative on and after October | ||
1, 2015. | ||
(Source: P.A. 95-17, eff. 1-1-08; 95-1029, eff. 2-4-09; | ||
96-1357, eff. 1-1-11.) | ||
(410 ILCS 82/45)
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Sec. 45. Violations. | ||
(a) A person, corporation, partnership, association or | ||
other
entity who violates Section 15 or 20 of this Act shall be | ||
fined pursuant to this Section. Each day that a violation | ||
occurs is a separate violation. | ||
(b) A person who smokes in an area where smoking is | ||
prohibited under Section 15 of this Act shall be fined in an | ||
amount that is $100 for a first offense and $250 for each | ||
subsequent offense. A person who owns, operates, or otherwise | ||
controls a public place or place of employment that violates | ||
Section 15 or 20 of this Act shall be fined (i) $250 for the | ||
first violation, (ii) $500 for the second violation within one | ||
year after the first violation, and (iii) $2,500 for each | ||
additional violation within one year after the first violation. | ||
(c) A fine imposed under this Section shall be allocated as | ||
follows: | ||
(1) one-half of the fine shall be distributed to the | ||
Department; and |
(2) one-half of the fine shall be distributed to the | ||
enforcing agency.
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(d) 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. | ||
(Source: P.A. 95-17, eff. 1-1-08; 95-1029, eff. 2-4-09.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law. |