97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB0803
 
Introduced 01/31/11, by Rep. Michael J. Madigan
 
SYNOPSIS AS INTRODUCED:
 


410 ILCS 82/35
    Amends the Smoke Free Illinois Act. Makes a technical change in a Section concerning exemptions.



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A BILL FOR
 


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1    AN ACT concerning health.

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

 
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
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 
17    January 31st an affidavit stating the percentage of its 
18    gross income during the prior calendar year that was 
19    derived from the sale of loose tobacco, plants, or herbs 
20    and cigars, cigarettes, pipes, or other smoking devices for 
21    smoking tobacco and related smoking accessories.  Any 
22    retail tobacco store that begins operation after the 
23    effective date of this amendatory Act may only qualify for 
 
 
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1    an exemption if located in a freestanding structure 
2    occupied solely by the business and smoke from the business 
3    does not migrate into an enclosed area where smoking is 
4    prohibited.
5        (3) (Blank).
6        (4) Hotel and motel sleeping rooms that are rented to 
7    guests and are designated as smoking rooms, provided that 
8    all smoking rooms on the same floor must be contiguous and 
9    smoke from these rooms must not infiltrate into nonsmoking 
10    rooms or other areas where smoking is prohibited.  Not more 
11    than 25% of the rooms rented to guests in a hotel or motel 
12    may be designated as rooms where smoking is allowed.  The 
13    status of rooms as smoking or nonsmoking may not be 
14    changed, except to permanently add additional nonsmoking 
15    rooms.
16        (5) Enclosed laboratories that are excluded from the 
17    definition of "place of employment" in Section 10 of this 
18    Act. Rulemaking authority to implement this amendatory Act 
19    of the 95th General Assembly, if any, is conditioned on the 
20    rules being adopted in accordance with all provisions of 
21    the Illinois Administrative Procedure Act and all rules and 
22    procedures of the Joint Committee on Administrative Rules; 
23    any purported rule not so adopted, for whatever reason, is 
24    unauthorized.
25        (6) Common smoking rooms in long-term care facilities

26    operated under the authority of the Illinois Department of

 
 
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1    Veterans' Affairs or licensed under the Nursing Home Care 
2    Act that are accessible only to residents who
are smokers 
3    and have requested in writing to have access to
the common 
4    smoking room where smoking is permitted and the
smoke shall 
5    not infiltrate other areas of the long-term care facility. 
6    Rulemaking authority to implement this amendatory Act of 
7    the 95th General Assembly, if any, is conditioned on the 
8    rules being adopted in accordance with all provisions of 
9    the Illinois Administrative Procedure Act and all rules and 
10    procedures of the Joint Committee on Administrative Rules; 
11    any purported rule not so adopted, for whatever reason, is 
12    unauthorized. 
13(Source: P.A. 95-17, eff. 1-1-08; 95-1029, eff. 2-4-09; 
1496-1357, eff. 1-1-11.)