Public Act 098-1023
 
SB0852 EnrolledLRB098 05078 JDS 35109 b

    AN ACT concerning safety.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    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
    operated under the authority of the Illinois Department of
    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
    manufacturers and suppliers of tobacco and tobacco
    products and accessories is being held, during the time the
    meeting or trade show is occurring, if the meeting or trade
    show:
            (i) is a trade-only event and not open to the
        public;
            (ii) is limited to attendees and exhibitors that
        are 21 years of age or older;
            (iii) is being produced or organized by a business
        relating to tobacco or a professional association for
        convenience stores; and
            (iv) involves the display of tobacco products.
        Smoking is not allowed in any public area outside of
    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)
    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.
    (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.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.