Rep. Daniel J. Burke
Filed: 11/12/2010
 
 

 

 

 
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1
AMENDMENT TO HOUSE BILL 1846 




2    AMENDMENT NO. ______. Amend House Bill 1846 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        (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        (5) Enclosed laboratories that are excluded from the 
24    definition of "place of employment" in Section 10 of this 
25    Act. Rulemaking authority to implement this amendatory Act 
26    of the 95th General Assembly, if any, is conditioned on the 
 
 
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1    rules being adopted in accordance with all provisions of 
2    the Illinois Administrative Procedure Act and all rules and 
3    procedures of the Joint Committee on Administrative Rules; 
4    any purported rule not so adopted, for whatever reason, is 
5    unauthorized.
6        (6) Common smoking rooms in long-term care facilities

7    operated under the authority of the Illinois Department of

8    Veterans' Affairs or licensed under the Nursing Home Care 
9    Act that are accessible only to residents who
are smokers 
10    and have requested in writing to have access to
the common 
11    smoking room where smoking is permitted and the
smoke shall 
12    not infiltrate other areas of the long-term care facility. 
13    Rulemaking authority to implement this amendatory Act of 
14    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        (7) Gaming facilities licensed under the Riverboat 
21    Gambling Act, if smoking is not banned in gaming facilities 
22    located in the nearest neighboring state. This exemption 
23    shall no longer apply to a gaming facility on and after the 
24    date that smoking is banned in gaming facilities located in 
25    the nearest neighboring state. 
26(Source: P.A. 95-17, eff. 1-1-08; 95-1029, eff. 2-4-09; 
 
 
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196-1357, eff. 1-1-11.)
 

2    Section 99. Effective date. This Act takes effect upon 
3becoming law.".