Illinois General Assembly - Full Text of SB1370
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Full Text of SB1370  95th General Assembly


Executive Committee

Filed: 6/20/2007





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2     AMENDMENT NO. ______. Amend Senate Bill 1370 by replacing
3 everything after the enacting clause with the following:
4     "Section 5. If and only if Senate Bill 500 of the 95th
5 General Assembly becomes law, then the Smoke Free Illinois Act
6 is amended by changing Section 35 as follows:
7     (95SB0500enr, Sec. 35)
8     Sec. 35. Exemptions. Notwithstanding any other provision
9 of this Act, smoking is allowed in the following areas:
10         (1) Private residences or dwelling places, except when
11     used as a child care, adult day care, or healthcare
12     facility or any other home-based business open to the
13     public.
14         (2) Retail tobacco stores as defined in Section 10 of
15     this Act in operation prior to the effective date of this
16     amendatory Act of the 95th General Assembly. The retail



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1     tobacco store shall annually file with the Department by
2     January 31st an affidavit stating the percentage of its
3     gross income during the prior calendar year that was
4     derived from the sale of loose tobacco, plants, or herbs
5     and cigars, cigarettes, pipes, or other smoking devices for
6     smoking tobacco and related smoking accessories. Any
7     retail tobacco store that begins operation after the
8     effective date of this amendatory Act may only qualify for
9     an exemption if located in a freestanding structure
10     occupied solely by the business and smoke from the business
11     does not migrate into an enclosed area where smoking is
12     prohibited.
13         (3) Private and semi-private rooms in nursing homes and
14     long-term care facilities that are occupied by one or more
15     persons, all of whom are smokers and have requested in
16     writing to be placed or to remain in a room where smoking
17     is permitted and the smoke shall not infiltrate other areas
18     of the nursing home.
19         (4) Hotel and motel sleeping rooms that are rented to
20     guests and are designated as smoking rooms, provided that
21     all smoking rooms on the same floor must be contiguous and
22     smoke from these rooms must not infiltrate into nonsmoking
23     rooms or other areas where smoking is prohibited. Not more
24     than 25% of the rooms rented to guests in a hotel or motel
25     may be designated as rooms where smoking is allowed. The
26     status of rooms as smoking or nonsmoking may not be



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1     changed, except to permanently add additional nonsmoking
2     rooms.
3         (5) That portion of a riverboat where gambling
4     operations are conducted pursuant to the Riverboat
5     Gambling Act. The exemption under this item (5) applies to
6     each individual riverboat for 5 years after the effective
7     date of this amendatory Act of the 95th General Assembly or
8     until the state, other than Illinois, closest in proximity
9     to that individual riverboat, as determined by the Illinois
10     Gaming Board, bans smoking by law in similar facilities,
11     whichever occurs first.
12 (Source: 95SB0500enr.)".