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    AN ACT concerning health.

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


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

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    Sec. 35. Exemptions. Notwithstanding any other provision 
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of this Act, smoking is allowed in the following areas:
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        (1) Private residences or dwelling places, except when 
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    used as a child care, adult day care, or healthcare 
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    facility or any other home-based business open to the 
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    public.
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        (2) Retail tobacco stores as defined in Section 10  of 
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    this Act in operation prior to the effective date of this 
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    amendatory Act of the 95th General Assembly.  The retail 
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    tobacco store shall annually file with the Department by 
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    January 31st an affidavit stating the percentage of its 
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    gross income during the prior calendar year that was 
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    derived from the sale of loose tobacco, plants, or herbs 
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    and cigars, cigarettes, pipes, or other smoking devices for 
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    smoking tobacco and related smoking accessories.  Any 
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    retail tobacco store that begins operation after the 
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    effective date of this amendatory Act may only qualify for 
 


 






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    an exemption if located in a freestanding structure 
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    occupied solely by the business and smoke from the business 
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    does not migrate into an enclosed area where smoking is 
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    prohibited.
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        (3) Private and semi-private rooms in nursing homes and 
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    long-term care facilities that are occupied by one or more 
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    persons, all of whom are smokers and have requested in 
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    writing to be placed or to remain in a room where smoking 
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    is permitted and the smoke shall not infiltrate other areas 
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    of the nursing home.
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        (4) Hotel and motel sleeping rooms that are rented to 
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    guests and are designated as smoking rooms, provided that 
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    all smoking rooms on the same floor must be contiguous and 
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    smoke from these rooms must not infiltrate into nonsmoking 
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    rooms or other areas where smoking is prohibited.  Not more 
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    than 25% of the rooms rented to guests in a hotel or motel 
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    may be designated as rooms where smoking is allowed.  The 
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    status of rooms as smoking or nonsmoking may not be 
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    changed, except to permanently add additional nonsmoking 
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    rooms.
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        (5) 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 that are accessible only to residents who 
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    are smokers and have requested in writing to have access to 
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    the common smoking room where smoking is permitted and the 
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    smoke shall not infiltrate other areas of the long-term 
 


 






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    care facility. 

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(Source: P.A. 95-17, eff. 1-1-08.)
 

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    Section 99. Effective date. This Act takes effect upon 
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becoming law.