95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB5868


 
Introduced , by Rep. Paul D. Froehlich
 
SYNOPSIS AS INTRODUCED:
 		













410 ILCS 82/35










    Amends the Smoke Free Illinois Act.  Provides that smoking is allowed in a retail tobacco store that applied for a business or occupancy permit before January 1, 2008.
















LRB095 20025 KBJ 46461 b

















 


 


A BILL FOR









 











HB5868

LRB095 20025 KBJ 46461 b






1
    AN ACT concerning health.

 
2
    Be it enacted by the People of the State of Illinois,
 
3
represented in the General Assembly:


 
4
    Section 5. The Smoke Free Illinois Act is amended  by 
5
changing Section 35 as follows:
 
6
    (410 ILCS 82/35)

7
    Sec. 35. Exemptions. Notwithstanding any other provision 
8
of 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.  This exemption 
16
    shall also apply to a retail tobacco store that applied for 
17
    a business or occupancy permit before January 1, 2008. The 
18
    retail tobacco store shall annually file with the 
19
    Department by January 31st an affidavit stating the 
20
    percentage of its gross income during the prior calendar 
21
    year that was derived from the sale of loose tobacco, 
22
    plants, or herbs and cigars, cigarettes, pipes, or other 
23
    smoking devices for smoking tobacco and related smoking 
 


 






HB5868
- 2 -
LRB095 20025 KBJ 46461 b




1
    accessories.  Any retail tobacco store that begins 
2
    operation after the effective date of this amendatory Act 
3
    may only qualify for an exemption if located in a 
4
    freestanding structure occupied solely by the business and 
5
    smoke from the business does not migrate into an enclosed 
6
    area where smoking is prohibited.
7
        (3) Private and semi-private rooms in nursing homes and 
8
    long-term care facilities that are occupied by one or more 
9
    persons, all of whom are smokers and have requested in 
10
    writing to be placed or to remain in a room where smoking 
11
    is permitted and the smoke shall not infiltrate other areas 
12
    of the nursing home.
13
        (4) Hotel and motel sleeping rooms that are rented to 
14
    guests and are designated as smoking rooms, provided that 
15
    all smoking rooms on the same floor must be contiguous and 
16
    smoke from these rooms must not infiltrate into nonsmoking 
17
    rooms or other areas where smoking is prohibited.  Not more 
18
    than 25% of the rooms rented to guests in a hotel or motel 
19
    may be designated as rooms where smoking is allowed.  The 
20
    status of rooms as smoking or nonsmoking may not be 
21
    changed, except to permanently add additional nonsmoking 
22
    rooms.

23
(Source: P.A. 95-17, eff. 1-1-08.)